POLITICAL INSTITUTION

Introduction

Origins of Islam as a political movement are to be found in the life and times of Islam's prophet Muhammad and his successors. In 622 CE, in recognition of his claims to prophethood, Muhammad was invited to rule the city of Medina. At the time the local Arab tribes of Aus and Khazraj dominated the city, and were in constant conflict. Medinans saw in Muhammad an impartial outsider who could resolve the conflict. Muhammad and his followers thus moved to Medina, where Muhammad drafted the Medina Charter. This document made Muhammad the ruler, and recognized him as the Prophet of Allah. The laws Muhammad established during his rule, based on the revelations of the Quran and doing of Muhammad, are considered by Muslims to be Sharia or Islamic law, which Islamic movements seek to establish in the present day. Muhammad gained a widespread following and an army, and his rule expanded first to the city of Mecca and then spread through the Arabian peninsula through a combination of diplomacy and military conquest. Today many Islamist or Islamic democratic parties exist in almost every democracy with a Muslim majority. Many militant Islamic groups are also working in different parts of world. The controversial term Islamic fundamentalism has also been coined by some non-Muslims to describe the political and religious philosophies of some militant Islamic groups. Both of these terms (Islamic democracy and Islamic fundamentalism) lump together a large variety of groups with varying histories, ideologies and contexts.

The reason we chose this topic is actually to introduce to society how islamic political institution helps managing a state based on the commandment of Allah (kalam Allah) in the holy quran. Islamic political institution plays an important role in the golden age of Islam, it is also can be implemented in today politics as a lot of corruption occur due to not following the commandment of Allah.

For this project, we are going to discuss about the principle of islamic politics, basic human right in islamic state, the philosophy of islamic state and the principle of islamic state.

Body

Topics will be discussed:

1. Principle of Islamic Politics
2. Basic Human Right In Islamic state
3. Philosophy and principle of Islamic state

Definition of Politics

Politics is the practice and theory of influencing other people on a civic or individual level. More narrowly, it refers to achieving and exercising positions of governance - organized control over a human community, particularly a state. A variety of methods are employed in politics, which include promoting one's own political views among people, negotiation with other political subjects, making laws, and exercising force.

Islamic Political System

We already know that Islam is a complete system of life and politics is very much a part of our collective life. Islam teaches us how to do Salah, perform Fasting, pay Zakah and undertake Hajj, so it teaches us how to run a state, from a government. Islamic ruling system is not the same as the ruling system we have in the non-islamic countries.

The political system of Islam is based on three Matters

•  TAWHID (unity of God)
• RISALAT (prophethood) 
• KHILAFAT (vicegerency)

Tawhid

-means that only God is the Creator, Sustainer, and Master of the universe and all that exists in it,organic and inorganic. He also has the right to command or forbid, and His commandments are the law.

Risalat

The medium through which we receive the Law of God is known as "Risalat" (Prophet hood). We have received two things from this source:

1. The Book.
2. And the exemplification of the Book of God by the Prophet.

Khilafat

-means "representation". Man [i.e. human beings]. According to Islam, he is the representative of God on earth, His vicegerent. That is to say, by virtue of the powers delegated to him by God, he is required to exercise his God-given authority in this world within the limits prescribed by God.

The Islamic Political System is based on the following main principles

Sovereignty of Allah SWT

Sovereignty means the source of power. In Islam, Allah is the source of all powers and laws. It is Allah who knows what is good and what is bad for His servants. His saying is final. All human beings unitedly cannot change His law. The Qur’an says, "As for the thief -male and female, chopped off their hands. It is the reward of their own actions and exemplary punishment from Allah. Allah is Mighty, Wise."  And Thus No government or Parliament can change this law.

Khilafah of Mankind (Vicegerency of man)

Man is the vicegerent, the agent or the representative of Allah SWT on earth. Allah is the sovereign and man is His representative. Man should do as Allah commands him to do. But he has a choice to either obey or disobey Allah and, because of this freedom of choice, he will be tested on the day of judgement. In the political sense, Khilafah means that human beings should implement the will of Allah on earth as His deputy or agent. As Allah’s agent, human beings will carry out the will of Allah swt on His behalf as a trust (Amanah). Khilafah is a trust. An agent is always expected to behave as his master wants him to behave.

Legislation by Shura (Consultation)

Islam teaches us to run a government, to makelegislation and decisions by the process of Shura. Shura means "to take decisions by consultation and participation“. This is an important part of the Islamic political system. There is no scope for despotism in Islam. The Qur’an and the Sunnah will be the basis of legislation in Islam.

Accountability of government

The Islamic political system makes the ruler and the government responsible firstly to Allah and then to the people. The ruler and the government are elected by the people to exercise ‘powers on their behalf. We must remember here that both the ruler and the ruled are the Khalifah of Allah and the ruler shall have to work for the welfare of the people according to the Qur’an and Sunnah. A ruler is a servant of the people of Islam. Both the ruler and the ruled will appear before Allah SWT and account for their actions on the day of Judgement. The responsibility of the ruler is heaver than the ruled.

Independence of judiciary

In the Islamic political system, the Judiciary is independent of the Executive. The head of the state or any government minister could be called to the court if necessary. They would be treated no differently from other citizens.The Qur’an has many injunctions about justice. One of the main functions of the Islamic state is to ensure justice to all citizens (4:58, 4:135, 5:8). The ruler and the government has no right to interfere in the system of justice.

Equality before law

The Islamic political system ensures equality for all citizens before the law. It does not recognise any discrimination on the basis of language, colour, territory, sex or descent. Islam recognises the preference of one over the other only on the basis of Taqwa (piety or fear of God). One who fears Allah swt most is the noblest in Islam (49:13).

Basic Human Rights in Islamic State

The security of Life and Property
In the address which the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) delivered on the occasion of the Farewell Hajj, he said: “Your lives and properties are forbidden to one another till you meet your Lord on the Day of Resurrection.” The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) has also said about the Thimmis (the non-Muslim citizens of the Muslim state): “One who kills a man under covenant (i.e., Thimmi) will not even smell the fragrance of Paradise.”

The Protection of Honour

The Holy Quran lays down this right, stating: “O you who have believed! Let not a people ridicule [another] people; perhaps they may be better than them; nor let women ridicule [other] women; perhaps they may be better than them. And do not insult one another and do not call each other by [offensive] nicknames. Wretched is the name [i.e. mention] of disobedience after [one’s] faith. And whoever does not repent -  then it is those who are the wrongdoers. O you who have believed! Avoid much [negative] assumption. Indeed, some assumption is sin. And do not spy or backbite each other. Would one of you like to eat the flesh of his brother when dead? You would detest it. And fear Allah; indeed, Allah is Accepting of repentance and Merciful.” [Quran: 49:11-12]

Sanctity and Security of Private Life

The Quran has laid down the injunction stating: “…And do not spy or backbite each other…” [Quran: 49:12] “O you who have believed! Do not enter houses other than your own houses until you ascertain welcome and greet their inhabitants…” [Quran: 24:27]

The Security of Personal Freedom

Islam has laid down the principle that no citizen can be imprisoned unless his guilt has been proven in an open court. To arrest a man only on the basis of suspicion and to throw him into a prison without proper court proceedings and without providing him a reasonable opportunity to produce his defence is not permissible in Islam.

The Right to Protest against Tyranny

Amongst the rights that Islam has conferred on human beings is the right to protest against a government's tyranny. Referring to it Allah, He says: “Allah does not like the public mention of evil except by one who has been wronged...” [Quran: 4:148]. In Islam, all power and authority belongs to Allah Alone; man is only delegated a part of that power which becomes a trust. Everyone who becomes the recipient of such a power has to be accountable before his people, for whose sake he will be called upon to use these powers. This was acknowledged by Abu Bakr  may  Allah  be  pleased  with  him who said in his very first address: “Cooperate with me when I am right but correct me when I commit error. Obey me so long as I follow the commandments of Allah and His Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) but turn away from me when I deviate.”

Freedom of Expression

Islam gives the right of freedom of thought and expression to all citizens of the Islamic state on the condition that it should be used for the propagation of virtue and truth, and not for spreading evil and wickedness. The Islamic concept of freedom of expression is much superior to the one prevalent in the West. Under no circumstances would Islam allow the propagation of evil and wickedness. It also does not give anybody the right to use abusive or offensive language in the name of criticism. It was the practice of the Muslims to enquire from the noble Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) whether a certain matter or a divine injunction had been revealed to him. If he said that he had received no divine injunction, the Muslims freely expressed their opinion on the matter.

Freedom of Association

Islam has also given people the right to freedom of association and formation of parties or organisations. This right is also subject to certain general rules.

Protection from Arbitrary Imprisonment

Islam also recognises the right of the individual that he will not be arrested or imprisoned for the offences of others. The Quran has laid down this principle clearly as in the saying of Allah: “…And no bearer of burdens will bear the burden of another...” [Quran: 6:164]

The Right to Basic Necessities of Life

Islam recognised the right of the needy people, that help and assistance be provided to them. Allah says: “And in their wealth there is acknowledged right for the needy and the destitute.” [Quran: 70:24-25]

Rulers are not Above the Law

A woman belonging to a noble family was arrested in connection with theft. The case was brought to the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) and it was recommended that she might be spared the punishment for theft.

The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allah exalt his mention ) replied: “The nations that lived before you were destroyed by Allah because they punished the common man for his offences and let their dignitaries go unpunished for their crimes; I swear by Him Who holds my life in His hand that even if Faatimah, the daughter of Muhammad, had committed this crime, I would have amputated her hand.”

Philosophy of Islamic State

Introduction

Philosophy of Islamic state refers to philosophy produced in an Islamic society.

Two main currents in the philosophy of islamic state are:-

1. Kalam.
2. Falsafa.

Kalam

The Arabic term kalam means "speech" and it is use for the name of the Islamic theology and has the root in the Quran which is the "Word of God" (kalām Allāh). It discusses the fundamental Islamic beliefs which are necessary for a Muslim to believe in. It explains them, argues about them, and defends them.

The scholars of Islam divide Islamic teachings into three parts: 

(i) Doctrines ('aqa'id): These constitute the issues which must be understood and believed in, such as, the Unity of God (Tawhid).

(ii) Morals (akhlaq): These relate to the commands and teachings relating to the spiritual and moral characteristics of human beings, such as, justice, God-fearing (taqwa), courage, chastity, wisdom, endurance, loyalty, truthfulness, trustworthiness, etc.

(iii) The Law (ahkam): Here the issues relating to practice and the correct manner of performing acts, such as, prayers fasting, hajj, jihad, al- 'amr bil ma'ruf wa al-nahy 'an al-munkar.

Falsafa

Political philosophy(falsafa) in Islam is the application of Greek political theorizing upon an understanding of Muhammad's revelation as legislative in intent.

There are 3 muslim philosopher related to political philosophy:-

1. Al-Farabi: the Prophet (Muhammad) is to be understood as a divinely inspired legislator, offering a perfect way of life and a community in which to flourish.
2. Ibn Bajja: he forcefully denies any easy commensurability between philosophy and politics, between theory and practice in imperfect societies.
3. Ibn Rushd: provides an important defence of philosophy in a society governed by lawyers and judges.

Principles of Islamic State

Popular Vicegerency

The position of humankind is that of Allah’s vicegerent (khalifah), or Allah Taala’s representative on earth.

The nature of this vicegerency (khilafah) described as follows:

-Whatever capacities and abilities humans possess, they are bestowed upon them by Allah Taala.

- Allah Taala bestowed these gifts on humans so that using them and the     will granted them by Allah Taala, they follow and establish His will in their lives as His representatives and not as autonomous entities.

The two cardinal principles of governance as laid down by the Qur’an are:

- Sovereignty belongs to Allah Taala.

- The popular vicegerency belongs to all believers.

Thus legitimacy in the Islamic political order comes first and foremost from accepting Allah Taala as the Sovereign and His Law, i.e. Shariah as the Supreme Law. The society must be governed by and in accordance with the will of the people. The people or the Ummah are the actual repository of khilafah and those in authority must have the confidence and support of the Muslim population.

Shura or Common Consultation

The whole system of Islamic State from its inception to the selection of the head of the state and all those in positions power as well as its dealings must be conducted by shura, whether it is carried out directly or indirectly through selected or elected representatives. The practice of shura was the mechanism followed at all levels in the selection of political leadership by Muhammad and his followers.It was the Islamic community that selected the first four rightly guided khulafa, although the method of selection and the process of approval differed. The essential principle was consent and confidence of the community and the accountability of those selected before the community.Even afterwards when the heredity rule crept in that violated this community right, a facade of bayaa, or community’s acceptance of rulers was still maintained.

Dispensation of Equitable Justice

Islamic Law based on the Qur’an and Sunnah is equally accessible to all and equally applicable on members of the society from the lowest to the highest, without any distinction or discrimination. All the personal, civil, political, social, cultural and economic rights of an individual are guaranteed under Islamic law. All people have equal rights and each and everyone is equally responsible before the law. It is the obligation of the rulers to ensure that each member of the society particularly the weak, is given his due rights. The rulers are not provided with any arbitrary power. The entire corpus of the Islamic law has been developed by the Islamic Ummah through a rational, popular process in which the learned and the concerned took part by debate and open discussion. It evolved outside the corridors of political power and once established, the ruler was as much subject to it as was the commoner.

Al-Amr bil Maruf wa Nahi an al-Munkar

Means commanding what is right and forbidding what is wrong and encompasses a whole gambit of duties and responsibilities. Every individual of the society has the right, nay the duty, to tell the truth and stand for it, to further all that is good and virtuous and do his utmost to remove the wrongs and vices wherever he finds them. Al-amr bil maruf wa nahi an al-munkar entails the freedom of expression and criticism, transparency and accountability and respect for human rights and abiding by the contractual obligations in respect of all people and minorities in particular. It was because of this mission of the Ummah that institutions of nasiha (advice), shura (consultation), ikhtilaf (disagreement and difference of opinion), al-amr bil maruf (commanding right and virtue), al-nahi an al-munkar (forbidding wrong and vice) and hisbah (public accountability and ombudsmanship) were established systems of the Islamic rule and continued to play their important role in various ways at all times of the Islamic history.

Conclusion

Based on the project that we were given, specifically on the Political Institution in Islamic State. As we know, politics is one of the important elements in the formation of a state. Many things could have gone wrong. That is why we need a certain guide and law to prevent these things from happening.

We can conclude that in Islam, Allah has laid out all the guidelines for the political issues. Thus, by performing all the guides, we can achieve a peace and harmony life in the community.

These guides are not limited by the ranks, but covered all from the common man to the ruler despite their position in the community or state. As all of us must work together to achieve unity.

References

1)       Abu Hamid al-Ghazali quoted in Mortimer, Edward, Faith and Power: The Politics of Islam, Vintage Books, 1982, p.37

2)      Feldman, Noah, Fall and Rise of the Islamic State, Princeton University Press, 2008, p.2

3)       Encyclopedia of Islam and the Muslim World (2004), vol. 1, p. 116-123

4)      Lewis, The Middle East, (1995), p.141

5)      Watt, William Montgomery. Muhammad at Medina. pp. 227-228

6)       al-Hibri, Azizah Y. (1998–1999), "Islamic and American Constitutional Law: Borrowing Possibilities or a History of Borrowing", University of Pennsylvania Journal of Constitutional Law 1 (3): 492–527 [507–25]

7)      Benhenda, M., Liberal Democracy and Political Islam: the Search for Common Ground

8)      Shia Revival : How conflicts within Islam will shape the future by Vali Nasr, Norton, 2006, p.148-9

9)      Makdisi, George (April–June 1989), "Scholasticism and Humanism in Classical Islam and the Christian West", Journal of the American Oriental Society 109 (2): 175–182 [175–77]

10)  Lenn Evan Goodman (2003), Islamic Humanism, p. 155, Oxford University Press