Islamic State of Governance Fundamental Principles and Examples

Prepared by

Muhammad Faysal (www.faysalm.co.nr)

On Twitter (@faysal)

IN THE NAME OF ALLAH, MOST COMPASSIONATE, MOST MERCIFUL

ALL PRAISE BE TO ALLAH, THE CHERISHER AND SUSTAINER OF THE WORLDS AND ALLAH’S BLESSINGS

AND PEACE BE UPON HE WHO HAS BEEN SENT AS MERCY TO THE WORLDS; MUHAMMAD AND HIS

PURIFIED POSTERITY.

ISLAMIC STATE OF GOVERNANCE

Sovereignty means the source of power. In Islam, Allah is the source of all powers

and laws (Quran 3:154, 12:40, 25:2, 67:1). It is Allah who knows what is good and

what is bad for His servants. His say is final. Man is the vicegerent, the agent or

the representative of Allah swt on earth (Quran 2:30, 6:165). Allah is the

sovereign and man is His representative. Man should do as Allah commands him

to do. The Islamic political system makes the ruler and the government

responsible firstly to Allah and then to the people. 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 heavier than the

ruled. Any ordinary citizen of an Islamic state has the right to ask any question on

any matter to the ruler and the government.

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 (Quran

49:13).

A body of laws alone is not sufficient for a society to be reformed. In order for law

to ensure the reform and happiness of man, there must be an executive power and

an executor. For this reason, God Almighty, in addition to revealing a body of law

(i.e., the ordinances of the Shari‘ah), has laid down a particular form of

government together with executive and administrative institution.

The Most Noble Messenger (s) headed the executive and administrative

institutions of Muslim society. In addition to conveying the revelation and

expounding and interpreting the articles of faith and the ordinances and institutions

of Islam, he undertook the implementation of law and the establishment of the

ordinances of Islam, thereby, bringing into being the Islamic state.

After the Most Noble Messenger (s), his successor had the same duty and function.

When the Prophet (s) appointed a successor, it was not only for the purpose of

expounding articles of faith and law; it was for the implementation of law and the

execution of God’s ordinances. It was this function—the execution of law and the

establishment of Islamic institutions—that made the appointment of a successor

such an important matter that the Prophet (s) would have failed to fulfil his mission

if he had neglected it. For after the Prophet (s), the Muslims still needed someone

to execute laws and establish the institution of Islam in society, so that they might

attain happiness in this world and the hereafter.

By their nature, in fact, laws and social institutions require the existence of an

executor. It has always and everywhere been the case that legislation alone has

little benefit: legislation by itself cannot assure the well-being of man. After the

establishment of legislation, an executive power must come into being, a power

that implements the laws and the verdicts given by the courts, thus allowing people

to benefit from the laws and the just sentences the courts deliver. Islam has

therefore established an executive power in the same way that it has brought laws

into being. The person who holds this executive power is known as the valī-yi amr.

(1)

The Sunnah (2) and path of the Prophet (s) constitute a proof of the necessity for

establishing government. First, he himself established a government, as history

testifies. He engaged in the implementation of laws, the establishment of the

ordinances of Islam, and the administration of society. He sent out governors to

different regions; both sat in judgment himself and also appointed judges;

dispatched emissaries to foreign states, tribal chieftains, and kings; concluded

treaties and pacts; and took command in battle. In short, he fulfilled all the

functions of government. Second, he designated a ruler to succeed him, in

accordance with divine command. If God Almighty, through the Prophet (s),

designated a man who was to rule over Muslim society after him, this is in itself an

indication that government remains a necessity after the departure of the Prophet

from this world. Again, since the Most Noble Messenger (s) promulgated the

divine command through his act of appointing a successor, he also, implicitly

stated the necessity for establishing a government.

__________________________________________________________________

1) Valī-yi Amr: “the one who holds authority,” a term derived from Qur’an, 4:59: “O you who believe! Obey God, and obey the

Messenger and the holders of authority (ūli ’l-amr) from among you.” For commentary of this verse, see Mīr Ahmad ‘Ali, The Holy Qur’an (NY: Tahrike Tarsile Qur’an, 1988)

2) Sunnah: the practice of the Prophet, accepted by Muslims as the norm and ideal for all human behavior.

It is self-evident that the necessity for enactment of the law, which necessitated the

formation of a government by the Prophet (s), was confined or restricted to his

time, but continues after his departure from this world. According to one of the

noble verses of the Qur’an, the ordinances of Islam are not limited with respect to

time or place; they are permanent and must be enacted until the end of time

(3). They were not revealed merely for the time of the Prophet, only to be

abandoned thereafter, with retribution and the penal code no longer be enacted, or

the taxes prescribed by Islam no longer collected, and the defense of the lands and

people of Islam suspended. The claim that the laws of Islam may remain in

abeyance or are restricted to a particular time or place is contrary to the essential

creedal bases of Islam. Since enactment of laws, then, is necessary after the

departure of the Prophet from this world, and indeed, will remain so until the end

of time, the formation of a government and the establishment of executive and

administrative organs are also necessary. Without the formation of a government

and the establishment of such organs to ensure that through enactment of the law,

all activities of the individual take place in the framework of a just system, chaos

and anarchy will prevail and social, intellectual and moral corruption will arise.

The only way to prevent the emergence of anarchy and disorder and to protect

society from corruption is to form a government and thus impart order to all the

affairs of the country.

The Holy Qur’an clearly states that the aim and purpose of this state, built on the

foundation of Tawhid, Risalat and Khilafat, is the establishment, maintenance and

development of those virtues which the Creator of the universe wishes human life

to be enriched by, and the prevention and eradication of those evils which are

abhorrent to Allah. The state in Islam is not intended for political administration

only nor for the fulfilment through it of the collective will of any particular set of

people. Rather, Islam places a high ideal before the state for the achievement of

which it must use all the means at its disposal. The aim is to encourage the

qualities of purity, beauty, goodness, virtue, success and prosperity which Allah

wants to flourish in the life of His people and to suppress all kinds of exploitation

and injustice. As well as placing before us this high ideal, Islam clearly states the

desired virtues and the undesirable evils. The Islamic state can thus plan its welfare

programmes in every age and in any environment.

3) See, for example, Sūrah Ibrāhīm (14:52), Sūrah Yūnus (10:2), Sūrah al-Hājj (22:49), Sūrah al-Ahzāb

(33:40), and Sūrah Yā-Sīn (36:70). (Pub.)

The constant demand made by Islam is that the principles of morality must be

observed at all costs and in all walks of life. Hence, it lays down an unalterable

requirement for the state to base its politics on justice, truth and honesty. It is not

prepared, under any circumstances, to tolerate fraud, falsehood and injustice for the

sake of political, administrative or national expediency. Whether it be relations

between the rulers and the ruled within the state, or relations of the state with other

states, precedence must always be given to truth, honesty and justice. It imposes

obligations on the state similar to those it imposes on the individual: to fulfil all

contracts and obligations; to have consistent standards in all dealings; to remember

obligations as well as rights and not to forget the rights of others when expecting

them to fulfil their obligations; to use power and authority for the establishment for

justice and not for the perpetration of injustice; to look on duty as a sacred

obligation; and to regard power as a trust from Allah to be used in the belief that

one has to render an account of one’s actions to Him in the Hereafter (4)

From the first Islamic state in Medina, a city in Arabia, until just after World War One,

there was a Caliph, the leader of the Muslims, and an Islamic government somewhere in

the world. In 1923 of the Common Era (CE), with the end of the caliphate, Islamic

government ceased. In Muslim majority countries, all of which were at that time under

the influence or direct control of European governments, the legal and political systems

introduced were modelled on those of the Christian states of the west. Various countries

copied or had imposed upon them, the systems of Europe. The British political and legal

system was introduced to some areas, others copied the French, some the Swiss. In nearly

every country the institutions based upon the Quran, the Holy Book of Islam, were

abolished. Now in the last part of the twentieth century, the demand for the Islamic

system of government is reviving. After years of neglect it is once again becoming a

question for serious study.

The sovereignty of God, the message conveyed by all the prophets, is the

foundation of the system. Legislation contained in the Quran 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 Quran, it is not Islamic, for those

who make decisions on other than what God has revealed are unbelievers (Surah 5 Verse 44). In cases not covered by revelation, decisions based on

Islamic principles are left to the Mujtahids, Islamic experts on legal interpretation. The Muslims can make laws or regulations dealing with such matters, but these do not have the same permanence as Quranic injunctions.

4) Maulana Abdul Maudidi (The Islamic Movement Dynamics of Values Power and Change)

Allah said in the Quran that He was going to create a 'caliph' or representative upon the earth (2:30). Human beings are these caliphs. This means that all

humanity is responsible for the establishment of the laws and principles revealed by God, not some superior class of priests or holy men. Thus Islamic

government is not a theocracy. All human beings are equal; the only distinction made by God is in their degree of righteousness. Islam allows no distinction amongst people on the basis of tribe or race, ethnic group or amount of wealth.

The Muslims are different from other people only in that they are conscious of the importance of submission to God's decrees.

The establishment of justice for all citizens of the state, Muslim and non-Muslim

alike, is one of the major purposes of the Islamic system of government. That is why the apostles were sent among us over the centuries. It says in the Quran

"We sent before Our apostles, with clear Signs and sent down with them the Book and the Balance (of Right and Wrong), that humanity may stand forth in justice" (Quran 57:25) Corruption, bribery, abuse of authority, the creation of

social conflict for personal or group benefit, torture, exploitation and oppression, are all evils against which the Islamic system must struggle. It is the duty of

every individual Muslim and of the Islamic government to strive for justice and to prevent and oppose evil. If injustice spreads in a community with none to denounce it, then that whole community and its government is considered to be

transgressing the law of God. Where injustice is rife there cannot be peace. The Quran warns that nations in the past have been destroyed for such neglect.

Consultation has a high status in Islam. This is indicated by the name of surah or

chapter forty-two, "Consultation". It is in this surah that those people who conduct their affairs by mutual consultation are linked to those who establish regular prayer and those who spend on helping others (Quran 42:38). The

extent of the consultation to be carried out is not defined in detail. Some scholars argue that only those knowledgeable about Islam need be consulted.

Others argue that this is an endorsement of mass consultation through general elections. The principle of consultation is however; quite clearly essential and how it is implemented will be related to the temper of the time or the location.

Although non-Muslims were not involved in consultation in the early period of the birth of Islam, there is nothing to indicate they cannot be included in

consultation on national affairs or affairs not dealing with the beliefs of the Muslims. However as the head of state must implement the Quran and Sunnah,

it is necessary that this position should be held by a Muslim.

Islamic government is a system of government which follows the laws and principles of the Quran and the Sunnah of Muhammad. Government is the responsibility of all humanity, especially of those people who understand that

they are the 'caliphs' of God, not the privilege of a ruling class of theocrats. Islamic government enforces the law of equality and it establishes the rule of

justice. It is always based upon consultation. (5)

(5) Maulana Abdul Maududi (Unity of The Muslim World)

Fundamental Principles of an Islamic State

1. A State that is based on the Supremacy of Law.

The determining characteristic of an Islamic State is its total commitment and

Will to see that the Sharī’ah is codified into the law of the land and is

Implemented. Allah is the true Supreme Law-Giver as is consonant with the

Verse:

“The Command Is for none but Allah: He has commanded that you worship

None but Him: that is the (true) straight religion, but most men know not...”

Surah Yusuf : 40

Allah has ordained the leaders (of Islamic society) to implement what He has

Revealed and prohibits them from taking recourse to other sources of law.

In this regard, Allah emphatically says it in the Holy Quran:

“…and whosoever does not judge by what Allah has revealed, such are the

Disbelievers”. (Surah Al-Ma’idah : 44 )

“…and whosoever does not judge by what Allah has revealed, such are the

Zalimun (unjust) .” (Surah Al-Maidah: 45 )

“…and whosoever does not judge by what Allah has revealed such are

the Fasiqun (evil doers).” (Surah Al-Maidah: 47 )

Only the Muslim members of the state are subjected to the Sharī’ah

Penal Code (Hudud, Qisas and Ta’zir). The non-Muslim members are

Given the option of either being subjected to the same penal code or to

Be subjected to the current penal code of the land.

Allah says in the Holy Quran:

“(They like to) listen to falsehood, of devouring anything forbidden. So if they

Come to you, either judge between them or turn away from them. If you turn

Away from them, they cannot hurt you in the least. And if you judge, judge in

Equity between them. For Allah loves those who act justly. ” (Surah al-Ma’idah:

42)

2. Khalifah

Adam, the first man created by Allah, was designated the position of

Vicegerent of Allah on Earth. Vicegerency in this context signifies the position

Specifically for the guardianship over the religion of Islam and administrating

The state according to its teachings. Allah says in the Holy Quran:

“Follow (O men!) the revelation given unto you from your Lord, and follow

not, as friends or protectors, other than Him. Little do you remember. ”

Surah Al-A’raf : 3

“He it is that has made you vicegerents on the earth: so whosoever disbelieves,

on him will be his disbelief; and the disbelief of the disbelievers adds nothing

but hatred of their Lord. And the disbelief of the disbelievers adds nothing but

loss.”

Surah Al-Fatir :39

“Do you wonder that there has come to you a reminder from your Lord

through a man from amongst you to warn you? And remember that He made

you vicegerents after the people of Noah, and increased you amply in stature.

So remember the graces from Allah so that you may be successful”.

Surah Al-A’raf : 69

“Then We made you vicegerents in the land after them, that We might see how

you would behave!”

Surah Yunus : 14

“They denied him, but We delivered him, and those with Him in the ship, and

We made them vicegerents, while We drowned those who belied our signs.

Then see what was the end of those who were warned!”

Surah Yunus : 73

“It is He Who has made you (His) vicegerents of the earth: And He has raised

you in ranks, some above others: that He may try you in that which He has

bestowed on you. Surely your Lord is swift in retribution and certainly He is

Oft-Forgiving, Most Merciful”

– Surah Al-An’am : 165

The meaning of vicegerency implies that man is a representative who will act

on behalf of another (in this case, God) and will perform duties in accordance

with that position. Hence man and it hereby implies leadership of the nation,

must act in full consonance with the dictates of Allah and not according to his

whims and fancies. Should he act in contravention to the dictates of the

Almighty, he has indeed betrayed the trust and position of vicegerency of God

on Earth. He no longer deserves to be called a vicegerent of Allah on Earth. On

this, the Holy Quran emphasizes that:

“And your Lord said to the angels:Verilly, I am going to place a vicegerent on

earth.”

Surah Al-Baqarah : 30

Given the above, the Islamic state is the fulfilment of the concept of man’s

vicegerency on earth and with it will result a Divinely ordained system for the

well-being and prosperity of man the world over.

3. ‘Taqwa’ or God-Fearing

The scholars of Islam define Taqwa or God-Fearing as “To obey Allah’s

dictates and to shun what He prohibits”.

‘Taqwa’ is an important cornerstone of the Islamic State. When this pervades

in the nation and its citizenry, the blessing of God descends on society and

simultaneously seen as a natural sentinel against the spread of evil and

corruption. It will also lead to the solution of problems as promised by Allah

in the Holy Quran:

“And whosoever fears Allah and keeps his duty to Him, He will make a way for

him to get out (from every difficulty). And He will provide him from (sources)

he never could imagine. And whosoever puts his trust in Allah,then He will

suffice him. Verily Allah will accomplish His purpose. Indeed Allah has set a

measure for all things.

Surah At Talaaq: 2-3.

“And whosoever fears Allah and keeps his duty to Him, He will make his

matter easy for him.”

Surah At Talaaq: 4.

“And whosoever fears Allah and keeps his duty to Him, He will expiate from

him his sins and will enlarge his reward.”

Surah At Talaaq: 5.

The establishment of the Islamic state has to be pursued earnestly such that a

God-Fearing nation will come into being and it leaders serving as role models.

The whole system so established will permeate with the spirit of ‘Taqwa’ in

order that Allah’s Blessings will be derived.

4. Consultation (Shura)

Shura or consultation is one of the primary guiding principles in conducting

the affairs of the state. The methodology of consultation has been enjoined by

Almighty Allah in the Holy Quran: “ .. and who (conduct) their affairs by mutual

consultation; and who spend out

of what we have bestowed on them.”

Surah asy-Shuraa : 38

“.. and consult them in the affairs. Then , when you have taken a decision, put

your trust in Allah, certainly Allah loves thosewWho put their trust (in Him).”

Surah Al-’Imran : 159

Consultation is exercised in all matters pertaining to the administration and

solving of problems of the nation, taking into consideration the benefits,

advantages and disadvantages. Consultation is conducted only on matters

requiring ‘ijtihad’ or concerted opinion. For matters which have injunctions

which are ‘Qat’i’ or clear and undisputable, consultation cannot change that

injunction.

The practice of Shura or Consultation would make the House of

Representatives a forum wherein the elected representatives can exercise their

right to free speech. The members of the House of Senate would subsequently

serve the function of check and balance over bills passed by the House of

Representatives.

5. Justice and Equality (Al-‘Adaalah wal Musaawah)

Al-‘Adaalah means justice while al-Musaawah means equality. Both Justice

and Equality are other important cornerstones of the governance of an Islamic

state. Allah says in the Holy Quran:

“O you who believe! Stand out firmly for Allah as just witnesses; and let not

the enmity and hatred of others make you avoid justice. Be just: that is nearer

to piety; and fear Allah. Verily Allah is well acquainted with what you do.”

Surah al-Maaidah:8.

“O ye who believe! Stand out firmly for justice, as witnesses to Allah, even

though it be against yourselves, or your parents, or your kin, be he rich or

poor, Allah is a better protector to both(than you). So follow not the lusts (of

your hearts), lest you avoid justice; and if you distort your witness or refuse to

give it, verily, Allah is ever well-acquainted with all what you do.”

Surah an-Nisa’ : 135

Based on the above verses, justice and equality in the eyes of Islam could only

be achieved if a government implements Islam in all its aspects and in its

entirety. Justice and equality can only be enjoyed by the Muslim and non Muslim

citizenry when Allah’s will is implemented in its entirety.

Justice in Islam is certainly beyond the simple meaning of equality or fairness.

Al-Adaalah means to place something at its most appropriate place and position.

Al-Musaawah on the other hand, refers to the equal status in regards

to the status of all citizens in the state. Inequalities only exists in the level of

attainment of piety as examplified by the Prophetic Tradition:

“There is no superiority of an Arab over a non-Arab except in matter of piety

and righteousness”.

Allah says in the Holy Quran:

“Truly, the best amongst you in the sight of Allah, are those that are most

righteous and God-fearing”.

Surah al-Hujuraat : 13

6. Freedom (al-Hurriyah)

Al-Hurriyah or Freedom as an idealism, is cherished by all. The second Caliph

of Islam, Omar al-Khattab once said:

“Why subjugate and enslave man, while he is born of his mother a free man”.

Before the advent of Islam, slavery was a dominant feature of human society.

One of the objectives behind the coming of Islam is to free man of this slavery.

The Islamic State guarantees the rights and freedom of the individuals and the

citizens of the state. Amongst the rights and freedom protected by Islam are:

a. Freedom of religious beliefs

b. Individual freedom

c. Freedom of speech, political association and assembly

d. Freedom to private ownership

e. Freedom of education (including right to use mother-tongue in education)

f. Freedom of Religion and right to cultural expressions

g. Freedom to engage in business and the search of livelihood.

All the above freedom and the freedom and rights of the citizens especially as

enjoined by the Universal Declaration of Human Rights are also protected by

the Islamic State. It must not however contravene the provision of Shari’ah.

The Holy Quran categorically stipulates:

“And say: “ The truth is from your Lord.” Then whosoever wills, let him

believe; and whosoever wills, let him disbelieve.”

Surah al-Kahfi:29

However freedom in Islam does not conjure the meaning of absolute right.

Freedom in Islam is regulated so as not to injure and come into conflict with

other individuals’ interest or the society at large. Islam does not recognise

man’s absolute freedom as it will threaten and endanger the freedom and

rights of others. Absolute Sovereignty (As-Siyaadah wal-Haakimiyah)

As-Siyaadah wal-Haakimiyah means absolute sovereignty. The Islamic State

has an absolute sovereign Who cannot be challenged or interfered with.

Absolute sovereignty belongs to Allah Almighty as He is the Creator and hence

the Provider and Source of Laws. Allah says in the Holy Quran:

“ The Command Is for none but Allah: He has commanded that you worship

none but Him: that is the( true) straight religion, but most men know not...”

Surah Yusuf : 40

As-Siyaadah is the characteristic which distinguishes a true Islamic state from

a pseudo Islamic state. When as-Siyaadah or Sovereignty is rendered back

unto the Rightful Owner i.e God Almighty, man’s position is relegated to the

position of a vicegerent i.e. acting on behalf and in accordance to the dictates

of the Almighty. To eliminate or debunk the concept of As-Siyaadah is to

elevate man to the position of God. Besides, as-Siyaadah provides man the

means to always return to and invoke help and solace from the Almighty Allah

while he strives for the achievement of those ideals which are seemingly

beyond the capability of ordinary men.

THE GOLDEN RULE OF UMER BIN Al KHATTAB

Caliphate Umar ibn al-Khattab proved successful in His ten year leadership. His

governance is categorized by innovation, reform and high accountability (Al-Buraey,

1985). To illustrate, many Islamic writings wrote that during his leadership, Umar once

said he was afraid that a mule might fall off the mountainous roads in Iraq and break its

legs, and that God might ask him why he had not paved the roads in the area. His

concern for public interest and safety can be clearly understood from the citation below

(Al-Buraey, 1985);

`I have appointed over you governors and agents not to beat your bodies or take your

monies, but rather to teach you and service you’.

`Listen, verily I am not sending you as rulers and potentates; rather, I am sending you as the

leaders of guidance so that men may follow you. Render unto the Muslims their rights; beat

them not, lest you humiliate them; praise them not lest you make them undisciplined. Do not

shut your doors against them, lest the strong among them devour the weak ones.’

In upholding the principle of al-amanah (responsibility and accountability) the caliph

said: `What I do right, assist me; Where I do wrong correct me’ (Ibn al-Jawzi, 1987). In

governing effectively based on public interest, his rulership underlined several conditions

in the selection and appointment of civil servants: first, they must possess good

characteristics including being a pious, capable and trustworthy person; second, the one

selected will be appointed temporarily for two or three months to undergo a testing period

before joining the government permanently.

A testing period is to evaluate the person’s behaviour and competency and before

appointment is made, caliph `Umar usually consulted his advisory council. This

institution and practice is known as al-Shura; third, the promoted state officials will be

paid a high salary. This high salary policy was initiated to pay for their honesty and

ensure that there was no reason for them to take bribery (Shibli Nu’mani, 1957). These

merit-based recruitment and promotion, career growth policies and incentives are crucial

to retain the better performers within the civil service. Indeed this was one of the

mechanisms to curb malpractice and corruption, which undermined the practice of

effective governance. Civil servants need to be adequately paid if they are to maintain the

probity, professionalism and integrity that should be required of the public service.

Caliph ‘Umar often checked on Muslim affairs and obtained information about

them through an in person survey. He entered the markets and strived to solve

any conflicts that occurred during his time. He even aspired to explore all the

Islamic territories to obtain a view of his people through his own eyes.

He also stated that: “If I’m being able to live for a long time, I will go and

explore all the Islamic territories by myself to view on my people. I know that

they have various needs that cannot be fulfilled without my presence. Only that

the problem did not reach to me, whether the governor failed to contact me. I go

to Syam and stayed there for two months. And then I go to Jazirah and been

there for two months. And then I go to Egypt, Kufah and Basrah, and each place

I stayed for two months. I hope that my efforts can be regarded as a good effort

by Allah” (Ibn al-Jawzi, 1987).

At-Tabari narrated that Sayyidina ‘Umar Ibn al-Khattab gave a speech to the

public on one day and said (Ibn al-Jawzi, 1987):

“O my comrades, in the name of Allah, I did not send a representative or a

governor to hurt you all. Not also to confiscate your property. But they are sent

to you to teach you about Islam and al Sunnah. Those who do things beside this,

please forward the complaints to me. In the name of Allah, I will take serious

action to those who deviate from that. Suddenly stand up ‘Amr al-‘As and say

‘O Amirul Mukminin, are you going to take an action to those who carried out

nation’s affairs and give out services to the citizen? ‘Yes’ said Sayyidina

‘Umar, “Why not?” ,Whereas I witnessed Rasulullah also doing so by myself.

Then Sayyidina ‘Umar said to ‘Amr al-‘As “What fears the citizen most are a

cruel leader and a brutal king. Then he advises his officers “Remember! Don’t

you ever hurt the Muslims. If you do so, it means that you have insulted them.

Don’t leave your army too far and too long from their families because it can

lead to a defamation to them and also don’t you ever obstruct their rights,

because this will make them opposed”.

To meet the necessity of the public and for governing well, caliph Umar also

introduced the following reformation (Ibn al-Jawzi, 1987):

1. Institution of hisbah. This is an institution to maintain law and order in the

marketplace. It is headed by an officer known as muhtasib.

2. A special office for investigating complaints that reaches caliph. A very

reliable and trustworthy person is appointed for the post.

3. A bait al-mal or Treasury House.

Under caliph ‘Umar’s leadership, he also changed the administrative pattern

effectively and efficiently. He separated the judicial and executive duties in

order to specialize the management of both effectively. Special judges (qadi)

were appointed to perform the function of the judiciary who were distinct and

separate from the role of the governor of the province and territories and qadi’s

were placed under the supervision of the caliph (Ibn al-Jawzi, 1987).

Separation of power can give the benefit of judicial management and enable the

administration of the court to run efficiently. The ideological system suggested

by ‘Umar was among the best with the separation of power encouraging both

leaders and the people to use power and authority in the right place (Irfan

Mahmud Ra’ana, 1970).

Further, strategic planning in economic systems was also introduced, providing

the most benefit to the people, state and in due respect to his responsibility and

accountability to Allah.

Caliph ‘Umar inspired the best economic systems, where economic equality

was set as the goal to be achieved as well as the principle to be established

successfully, emphasizing equity and equality, which are based upon the

Quranic principles. He introduced a variety of revenue systems for countries,

which formed the foundation of the land tenure system. The different systems of

land tenure that were prevalent in the Muslim Empire during the caliphate of

‘Umar Ibn al-Khattab were:

1) Iqta or Individual ownership system. The grant of iqta’s conferred proprietary

rights on the beneficiaries such that an iqta became iqta tamlik, where the

owners were, free to use the land in any way they liked.

2) Hima or collective land-ownership system. Hima was a very important

institution prevalent at the time of Umar. It means that the land is owned by one

or more tribes

3) Crown lands and state landlordism. With the conquest of different countries,

state landlordism also flourished. Under this system land belonged to the state

and cultivators were the tenants of the state. The tenant did not enjoy

proprietary rights and the land could not be transferred or sold by the occupants.

4) Private Landlordism. This was first practiced by the Prophet who made an

agreement with the Jews and Khaybar.

5) Peasant-proprietorship. In this system the owner tilled the land. This system

was common in Arabia, especially in those parts that were arable and fertile

(Irfan Mahmud Ra’ana, 1970).

Caliph ‘Umar also introduced land reform following the conquest of agricultural

countries like Iraq, Iran and Egypt.

‘Umar took a bold step in which he abolished absentee-landlordism and

changed the whole pattern of land ownership in the Islamic Empire. A hadith of

the Holy Prophet reported by Aishah reads (Al-Nasa'i, 1991):

“One who cultivated the untilled land which did not belong to anyone has prior right to it”.

Caliph ‘Umar recognized the importance of agriculture in a flourishing

economy and took many steps for its improvement. Irrigation canals were laid

out in the conquered lands, and a large department was organized for

constructing dams, excavating tanks, and for the building of canals and sluices

for the distribution of water (Ibn al-Jawzi, 1987).

Moreover, if the concept of modern or contemporary effective governance

concentrating on transparency, accountability, people’s participation and

meeting their interest, in al-siasah alshar`iyyah,the principle of al-shura best

explains these focuses. Al-shura is an Arabic term and simply means mutual

consultation. It is mentioned in the Quran as a praiseworthy activity as follows:

"Those who listen 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" [are

praised] [Al-`Imran:159]

This principle demonstrates many important values for governance including

transparency, accountability, respect, empowerment, freedom of expression,

dignity of the human individual and cooperation all together in one practice.

In addition, it proves that Islamic governance appreciates and welcomes other

parties and entities in its decision making system. These entities kept on

expanding and growing with their members consisting of leaders from various

tribes, who were proven to be qualified, including ‘Ali Ibn ’Abi Talib, ‘Uthman

Ibn al-‘Affan, Talhah, ‘Ubaydillah, al-Zubayr ‘Awwam, Sa‘ad ’Abi Waqqas,

and ‘Abdul Rahman Ibn ‘Auf. They were the meeting members, especially

when it came to decide upon important matters. Caliph ‘Umar gave a message

to them, saying

“ I find out that all of you are the leaders of your community and all matters that need to be

decided stop upon all of you” (Ibn al-Jawzi, 1987).

This principle and practice also stipulates `rida al awam’, which is popular

consent; `ijtihad jama`i’; which is collective deliberation and `mas`uliyah

jama’iyyah’, which is collective responsibility, as a prerequisite to the

establishment of Islamic effective governance.

Conclusion The Western ideology places a great emphasis on the institution of democracy.

Yet it is not an unmixed blessing and has seeds of its destruction from within.

Democracy as developed in the West is based on the concept of popular

sovereignty. There is no relevance to the eternal religious guidance and absolute

moral values in matters of governance. As it evolved, it developed a variety of

forms of self-government and political processes to determine the will of the

people for running the affairs of the state. Although it has succeeded in

developing several mechanisms for popular participation, but because of the

absence of firm moral moorings, its standards of right and wrong have been

subjected to the whims of the people. Consequently, it has resulted in

decriminalization of major evil practices and moral sins exposing the human

society to the tyrannies of moral relativism, the idiosyncrasies of majority rule,

racial and class-based tensions, economic exploitation and erosion of all basics

essential for the sustenance of human society. Emphasizing quantity and

counting of hands, it has replaced quality and eternal standards of right, truth

and justice. In the U.S. it has become a facade behind which the capitalist class

and the special interest groups continue to rule and dominate its society. In a

number of other countries including most of the Muslim world, narrow tribal-

cum-class politics along with the dominance of a political elite placed and

backed by the Western powers have led to the establishment of one party

dictatorships in the name of democracy. (6)

The Khilafah was a state that led the world in every field, whether scientific,

intellectual or philosophical. Unlike secular liberal capitalist states, the Islamic

Khilafah was a balanced nation that maintained the equilibrium between the

spiritual and the temporal spheres. It is however absolutely clear that this

astonishingly successful civilisation was founded upon Islam. Therefore, far

from being a "hateful ideology", Islam guided many races and peoples out of

backwardness. Islam again has the unique opportunity to lead this world out of

the misery created by the cataclysmic failure of capitalism, which can only be

achieved once the Khilafah is restored. (7)

(6) http://www.muslimaccess.com/articles/misc/islamic_governance.asp

(7)Khurshid Ahmad: The Muslim World, 2000