NATURE OF AN ISLAMIC STATE prepared by Ratul JnU

THE FEATURES OR NATURE OF AN ISLAMIC STATE BY THE THEORISTS

Features of an Islamic state according to Abu’l Hasan Ali ibn Muhammad al-Mawardi, Abu Hamid Muhammad bin Muhammad bin Muhammad bin Ahmed al-Ghazali and Abu Zaid Abd-ar-Rahman ibn-Khaldun.

Al-Mawardi:

1) Sovereignty belongs to Allah (SWT), His laws should be imposed so the justice, truth and goodness prevail.  2) Khalifah/imam governs the state as the successor of Prophet Muhammad (pbuh).  3) Khalifa/imam is responsible to impose Shariah, so Muslims can freely practice their faith, can be protected from their enemies. 

Al-Ghazali

According to him, khilafah/caliphate is a divine state and Allah (SWT) is the Supreme Authority. Thus His divine laws should rule. He thought khilafah is necessary to protect Muslim’s religious, social and political rights and from internal conspiracies and external invasion

Ibn-Khaldun:

He derived four kinds of state or governmental systems as they had developed in the history of Islam.

1) Khilafat/caliphate – The ideal Islamic state established by Prophet Muhammad (pbuh) under divine guidance and maintained by Khulafa-e-Rashideen.  The khilafat had two forces; the Prophetic Shariah and asabiya. The asabiya would become inactive if the law-giver eliminated it.

2) Mulk under Shariah – This form of government gradually lost the inward characteristics of khilafah.
3) Mulk under the Siyasa Aqlia – This type of government cannot be called an Islamic State but a Muslim State. This form of government had no resemblance to the original form of caliphate.

4) Siyasa Madaniya – A hypothetical form of government presented by Al-Farabi and ibn-Sina. Ibn-Khaldun disregarded it as it never existed in human history.

The nature of Islamic state:

“The sovereignty of God, the message conveyed by all the prophets, is the foundation of the system.  Legislation contained in the Qur’an becomes the basic law of the state.  This puts the fundamental law of the society beyond the lobbying power of particular interest groups and ensures that legislation is just and equitable. The government must make decisions on the basis of what God has revealed.  If it does not, according to the Qur’an it is not Islamic state, for those who make decisions on other than what God has revealed are unbelievers ‘’(Surah Al-Maida 44). 

The concept of an Islamic state, is of a territory that is governed according to the will of Almighty God and where people regardless of any differences live in a peaceful environment and enjoy their rights as per granted by Allah (SWT).

The Characteristics/principles of an Islamic state

1. Sovereignty of Allah - Believing in Allah (SWT) as the Supreme Authority in all matters is the foundation of an Islamic state. His divine law should be the law of His land. So basically an Islamic state is a divine state where Allah (SWT) is regarded as the only Sovereignty over all.

“Whatever is in the heavens and on earth, - let it declare the Praises and Glory of Allah for He is the Exalted in Might, the Wise… He is the First and the Last, the Evident and the Immanent: and He has full knowledge of all things...He it is Who created the heavens and the earth in Six Days, and is moreover firmly established on the Throne (of Authority). He knows what enters within the earth and what comes forth out of it, what comes down from heaven and what mounts up to it. And He is with you wheresoever’s ye may be. And Allah sees well all that ye do …He merges Night into Day, and He merges Day into Night; and He has full knowledge of the secrets of (all) hearts”…Surah Al-Hadeed 1-6

2. Khalifah/ Calipha – A form of government which is founded upon Islamic Sharia’ is called Khalifah/caliphate. The head of the state is called “Khalifah/caliph,” He must be the true follower of Prophet Muhammad (S.A.W). A wise, pious man who could be trusted for guarding the Islamic constitution (divine laws) and ensure its imposition. He is also the symbol of Muslim’s unity and brotherhood.  He can be held accountable by the judiciary, just like an ordinary person, if found guilty of error/crime.

3.Consultation (Shura) – An Islamic state is not a dictatorial kind of government. It is a system where all state and public affairs are handled and accomplished by the mutual consultation of the wise and educated representatives of people. These representatives are elected on merit.  The criterion for merit is also prescribed by Sharia’.

“Those who hearken to their Lord, and establish regular Prayer; who conduct their affairs by mutual Consultation; who spend out of what We bestow on them for Sustenance; Surah Shura 38

4. Obedience of the ruler (Ulul-amr) – The citizens of an Islamic state must obey their ruler/khalifa in all the matters that are not contrary to Islamic Sharia’. They have a right to submit their doubts or complaints against khalifa or other officials in judicial courts. They will be punished if they disobey the ruler or break laws.

“O you who believe! Obey Allah, and obey the Messenger, and those charged with authority among you. If they differ in anything among yourselves, refer it to Allah and His Messenger, if you do believe in Allah and the Last Day: That is best and most suitable for final determination”…Surah An-Nisa 59

5. Equality/Equal Opportunity – Islam denounces discrimination on the basis of race, color, cast, creed, language, faith, and nationality.  Islam believes in human rights for each individual present there within the boundaries of an Islamic state.  The authorities and majority are guardians of the rights of minorities and are not allowed to interfere in their religious and personal matters.

“O mankind! I created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other.  Verily the most honored of you in the sight of Allah is the most righteous of you.  And Allah has full knowledge and is well-acquainted”  Surah Al-Hujraat 13

6. Justice – Rule of law and safety of people’s life and property regardless of any differences is one of the main objectives of an Islamic state.  All are equal before the law and the court cannot make distinction between elite and poor, the less privileged Muslims and non-Muslims.  All citizens are assured of the freedom to move around and enjoy their rights.  They can approach the judicial courts for fast and fair justice to solve their disputes.

“O ye who believe! Stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts), lest ye swerve, and if ye distort (justice) or decline to do justice, verily Allah is well- acquainted with all that ye do”  Surah An-Nisa 135

7. Welfare State/Social Welfare - The state is responsible for the well-being of every citizen and for the proper provision of basic necessities to them.  The social welfare is maintained through  collection of zakah.  Zakah is the yearly tax imposed upon Muslims on their savings.  Khilafah is an institution where religion and politics are not considered separate and khalifa/caliph/ruler/head is an authority over both terms, thus the government is authorized to collect zakah and distribute it according to the rules of sharia’.

“It is not righteousness that ye turn your faces Towards east or West; but it is righteousness- to believe in Allah and the Last Day, and the Angels, and the Book, and the Messengers; to spend of your substance, out of love for Him, for your kin, for orphans, for the needy, for the wayfarer, for those who ask, and for the ransom of slaves; to be steadfast in prayer, and practice regular charity; to fulfil the contracts which ye have made; and to be firm and patient, in pain (or suffering) and adversity, and throughout all periods of panic. Such are the people of truth, the Allah.fearing”  Surah Al-Baqarah 177

“Alms are for the poor and the needy, and those employed to administer the (funds); for those whose hearts have been (recently) reconciled (to Truth); for those in bondage and in debt; in the cause of Allah. and for the wayfarer: (thus is it) ordained by Allah, and Allah is full of knowledge and wisdom”…Surah Tauba 60

8. “Amr bil ma’roof wa nahi anil munkar” – The head of the state is ordered to follow the rule of “amr bil ma’roof wa nahi anil munkar” meaning order people to do well and stop them from wrong and punish them if they don’t. It is to create an environment where people are persuaded to live in harmony, behave nicely, and control their anger through sermons and/or public speeches. Children are trained to develop such a character from homes and educational institutions. The purpose is to reduce the rate of home-based or street crimes and stop people from harming each other.

“You are the best community that has been raised for mankind. You enjoin good and forbid evil and you believe in Allah”  Surah Al-e-Imran 110

“The believers, men and women, are protectors of each other; they enjoin what is right and forbid what is evil”  Surah Tauba 71

“The hypocrites, both men and women, precede one from another. They enjoin the wrong and forbid the right”…Surah Tauba 67
Thus in view of all this an Islamic state should have following characteristics:
1) It should be absolutely non-discriminatory on the basis of race, color, language and nationality;
2) It should guarantee gender equality;
3) It should guarantee equal rights to all religious groups and accept plurality of religion as legitimate and
4) Lastly it should be democratic in nature whose basic premise will be human dignity (17:70).
Only those states which fulfill these criteria can be construed to be Islamic in nature. Thus an Islamic state is the very epitome of modern democratic pluralistic state.

The Islamic Society and Its Characteristics

by Dr. Ahmad H. Sakr

[Dr Ahmad Sakr was born in Beirut, Lebanon and got his PhD from the University of Illinois. He got his Islamic education through tutoring from the late Grand Mufti of Lebanon as well as from a large number of Muslim scholars from neighboring countries. He is a founding member and former President of the Muslim Student's Association of the USA and Canada now known as ISNA. Currently, he is the president of the foundation for Islamic knowledge. Dr Sakr has made numerous radio and television appearances. He is well known writer and has written a series of books and booklets on Islam, food, health, behaviour, terrorism, etc. At last count he had written over fifty six books and booklets not counting the innumerable articles he has authored and published.]

The Islamic Society is unique in its structure, composition and its characteristics. These characteristics are depicted from the Quran and Hadith. The following is a partial list of the characteristics of an Islamic society:

1. Enjoining what is good

2. Forbidding what is bad

3. Faith in Allah

These three characteristics are summarized in the Quran in Surah Al-'Imran (The Family of 'Imran). "You are the best of peoples, evolved for mankind, enjoining what is right, forbidding what is wrong and believing in God" (3:110).

4. The fourth characteristic of the Islamic Society is based on Moderation, and it is an Ummah of moderation. This concept of community of moderation is explained in the Quran very nicely. In Surah-Al-Baqarah (The Cow), Allah says, "Thus have we made of you an Ummah justly balanced, that you might be witnesses over the nations, and the Apostle a witness over yourselves,"(2:143).

5. The fifth characteristic of the Islamic Society is one Ummah. This concept of being one Muslim community is explained nicely in the Quran. In Surah Al-Anbiya (The Prophets), Allah says:

"Verily, this brotherhood of yours is a single brotherhood, and I am your lord and cherisher: Therefore serve me (and no other)" (21:92).

This concept of being one Ummah is explained nicely in Surah Al-Mu'minun (the believers) Allah says:

"And verily this brotherhood of yours is a single brotherhood, and I am your lord and cherisher: therefore fear me (and no other) (25:52)

6. Another characteristic of the Islamic Society is based on the concept of Consultation. Allah designated a whole Surah in the Quran under the title of Consultation. In Surah Ash-Shura (Consultation) Allah says: "And who (conduct) their affairs by mutual consultation; who spend out of what we bestow on them for sustenance," (42-38).

7. Another characteristic is that of Brotherhood. The Islamic society is built on the concept of brotherhood. Muslims are ordained to have the feelings and application of concept of brotherhood. In this regard, the Quran states in Surah Al-Hujurat (The Inner Apartments) the following:

"The believers are but on single brotherhood." (49:10).

This concept of brotherhood is explained in the Hadith of the Prophet Muhammad (pbuh)which has been narrated by Al-Nu'man Bin Basheer that prophet Muhammad (pbuh) said: "The similitude of the believers in their kindness, mercy, affection and compassion toward one another, is like a body, when one organ ails, the whole body is drafted to take care of the problem."

8. Another important characteristic of the Islamic society is that it is built on the concept of Taqwa. This word "Taqwa" may be defined to mean self-discipline, self control, self-restraint, self evaluation and self education. In this regard Allah demanded from the Muslims who are the members of the Islamic Society to have Taqwa. In this regard, the Quran states in Surah Al-Imran. "O you who believe! Fear God as He should be feared, and die not except in a state of Islam," (2:102)

This concept of Taqwa was explained by one of the companions of the Prophet to mean: "Taqwa is the respect (fear) of the Almighty, the doing by what was revealed, the acceptance of whatever little you receive, and the preparation to depart from this world."

9. Another characteristic of this Ummah of Islam is being an International one. Islam merged all nationalities altogether into one Ummah. Islam transcended all types of nationalities, languages, and ethnic backgrounds and hence established an international community committed to the concept of La Ilaha Illallah and Muhammad Rasulullah. This type of international community is being demonstrated during the daily prayers, the Friday congregational prayers, during the two feasts and especially during the time of Hajj Pilgrimage). It should be mentioned here that Allah reminded the Muslims that they are made out of different nationalities. The Quran states in Surah Al-Huiurat the following: "O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that you may know each other(not that you may despise each other). Verily the most honored of you in the site of God is (he who is) the most righteous of you. and God has full knowledge and is well acquainted (with all things)," (49:13)

10. Another characteristic is the reciprocal responsibility of the individual and the Ummah. The individual is to strive to help and protect the community. On the other hand the community is to take care of the welfare of the individuals. The concepts of Zakat, charity (Sadaqah) and interest free loans (Qard hasana) are among the financial reciprocal responsibilities of the community and the individuals toward one another.

11. The concept of Advice is another characteristic of Islamic Society. Prophet Mohammad (pbuh) said narrated by Abu Ruqaiyah Tamim BinAwss Al Dari that the Prophet (pbuh)said: "The Religion is Advice. We asked: for whom? He said: for Allah, for his book, for his messengers, for the Imams of the Muslims, and for the rest of the Muslim Ummah." Reported by Muslim.

12. The concept of leadership is another characteristic of the Muslim Ummah. Muslims are commanded to appoint a leader. They are ordained to obey him as long as he is applying the rules of Allah; and as long as he is serving them by him self. Allah says in the Quran in Surah An-Nisa' (The Women): "O you who believe! Obey God and obey the Apostle, and those charged with authority among you. If ye differ in anything among yourselves refer it to God and His Apostle, if you do believe in God and the last day, that is best," (4:59)

Prophet Mohammad (pbuh) said: "There is 110 obedience to any creature while disobeying the Creator." Reported by Ahmad and Al-Hakim.

It should be pointed out here that the leader is riot infallible. The concept of "The Infallible Imam" does not exist in Islam. The only infallible are the Prophets themselves.

13. One important characteristic of the Islamic Society is the concept of Jihad. Jihad is to be for the sake of Allah, i.e. to apply rules and regulations of Allah, and for the pleasure of Allah. Jihad is meant also to defend the land of Islam and to defend the Muslims themselves. Allah says in Surah-Al-Baqarah: "Fight in the cause of God those who fight you, but do not transgress limits: for God loves not transgressors." ( :190). Prophet Muhammad (pbuh) said "If any community leaves Jihad behind them, Allah is to prevail punishment on them."

The above mentioned characteristics are by no means all the ones that the Islamic Society is privileged with. However, if Muslims of today do adhere to such characteristics and apply them in their daily lives, many of their daily problems will be solved.

We hope and pray that Muslims abide by the teachings of Islam so as to receive the blessings of Allah in this world, and the bliss of Paradise.

Islamic state: Islamic state is a state which is run by Allah’s law and conducted by the rules & regulations of Islamic Shriah .

According to Imam Abu Hanifa –Islamic state is one which inhabited are predominantly Muslims and conducted & administrated by the Islamic rules & regulations.

The great Islamic scholar Abdul Aziz Sachedina stated that
“An Islamic ‘state’ is not part of the faith. What is required by faith (iman) is working towards justice and equity in (the) public space. There is no concept of ‘nation state’ in the classical formulation of political theory. We have the concept of Dar-al-Islam and Dar-al-harb. The first, ‘sphere of Islam’ means any part of the earth where Muslims predominate and create a government, even when they do not necessarily spread the message of Islam. The opposite is the ‘sphere of war’, which must be brought under the dominance of Muslims. These two concepts are absent in the Qur’an or Hadith. They are part of the Fiqh formulations. Hence, it is living with Taqwa and working for justice everywhere that is required by our faith in God and the Prophet.”  
Similarly, Hasan Hanafi made the point that ‘An Islamic state is not one that advocates only the application of the penal code or the observance of external rituals, but the state that implements the spirit or intent of the law (maqasid al-sharia)’.       
 

DOn't forget to give thnx @ 

Mahbub Ratul
Jagannath University

8th BAtch 
https://www.facebook.com/akla.pathik11