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    11

    CHAPTER

    he central concem ofpolitical science isthe State.It is a natural institutionbecauseit is rooted in the reality ofhuman nature. The State is also a necessary institution:ecause it is the means through which people can meet their necessities oflife and canltrive for good life. Man needs the state to satisi/ his diverse needs and to be what hed.sires to be. Without the state he cannot rise to the full stature ofhis personality as:here will be disorderand chaos. The state, therefore, is indispensable forhis existetlceand development. The telm state, it may be noted, is the product ofthe sixteenth centuryand Niccolo Machiavelli was the first to give it a scientific meaning. But the statc has.xisted whetever and wherever man has lived in an organised society. This chapterdescribes the vaious fheories of the origin of the state, defines it and explains its.ssential features. Finally, it analyzes the concept fiom Islamic and Westem peBpectives.

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    A systematic treatment ofthe nature of.state_bcgar \rith rhe Greek philosophersf:::ll" ,r,111,l:,:-.r._b1. naiure a, potrrica I beins: ir is his n61r.16 ,. ii, "' ,n uwrreJcrn alone ne could attair his hishest moral nature.r The state, for platoArisiotle. existed for the purpose ofs"eeking commor good and moral perfectthem, the state rvas not rnerely a political ais*,u,..;; i;;;;;;;:;;;;i;*,*,conlmunity and a socializitg agency.Beginning with Niccolo Machiavelli (1.169_t 527A.D.), the emphasis aird assumchanged. Theorists now viewed the man as a sell._interested creatllre whoJ^:T^"::l:r":..,"ss rlesrre for.power afre. power thut ""u;;;r; ir-arurNequen y. rne locus has shifted from moraliry and vifiue to power and autThis is true for Karl Marx (181g lSSl*r,o- r,,ro"n""oir" ";;;,il; ;::}ff :r'nr;"H"J,:lliffi.r# :.rpopulation, teritory govemment and sovereignty as self-evidert fe"*". "iJaneeding no elaboration. Hence, they proceeded to a ctass or grouf ,r"G "i ii"nd its behaviour For Marx, the state is the product ofclasi coit*ar.l"r. ""truggle and is collftolled by the econordcally_domi"-, "f"*. f" U"" Wat"state is a "hurraIr communitythat (successfu]ly) clailns rhe rnonopofyoiJ" f"*ruse ofphysical violence ir a givm territory. n"t".t o"f,l,lnau"niJ;;il;*rhe .rale as a collecrior ol indi\ idual. occupying role posirions r those of;;r.::lolD , and,acrinc .a5. d group ,o go...n.: CiJd"n. 0"n"", , ,,r," l, : i ,.frgunrzalron r\ hose rule is lelriroriall\ nrdered and rn hrch i. able to mobilize rhe mofviole1lce to sustain that ruie.,,j

    fthe.statet l:''r

    rE.l.J. Roscnrhal, ?a/tr,.a/ L otsht in Metti.tot Ltnhpress, l96E), 24. A, Intrutudary Oattine (Canbridge: Ca,nbridge Uni:T. Hobbes, Z&-krur, C. B. MacptreBon ed.. (Hamrondswonh, Engtodi penenln Bo.ks, 1968), t61lvax $reber, poiitics as a \bcaiion'., iD H. H. ce,RouitedSe ud KegaD?aut. 1970),78. th md c' \\ti8ht Milh' eds '' Ft'th Mot weber (LarRobert Dalrl. r,/,t, Go,ernr? Denoctdo,aa.t ?.|'s196r). 'in a a etu'dn ci,lNew Haletr: Yalc unive.silyIAtrthony Giddels, 77?.tarioa statea d tjioLence u(cabbridg.: Potirv press. tgsJt ,0 ol-2ofI contehPotdt! crnique oJ'Hist'ical Mate78

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    Man,live in a polis"Plato as for

    perfection. Toas a religious

    assumptionswho has ain death."r

    and autho ty.1920) both of

    assumedof the stateofthe state

    and classWebel thelegitimate

    $/eber, viewedof goveningas "a political

    the means

    Despite differences in emphasis, political scientists agree that the telm state refe$ toatr assemblage ofpeople occupyiIrg a definite teritory under an organized govemment3trd subject to no outside control. They are groups ofpeople living on, and exercisecontrol over, a defiflite territory They are divided into govemment and subjects; therulers and the ruled. Anthony Giddens, therefore, defined a state ,,as a politicalorganization whose rule is territorially ordered and which is able to mobilize the meansofviolence to sustain that rule."6It is therefore clear that ahe State has four elements: population, territory govemment

    d sovereignty. These att.ibutes constitute the very essence of statehood.T Accordingao some schola$, these attributes are at best a model or "ideal type" to which fewstates achrally corespond. No state possesses all four of these athibutes, and somerecently fomed states in the world lack several ofthem. Nevefiheless, the foul attributesoffer a useful starting point iI1 the study ofstate.

    PopulationPopulatiol and land are the starting point of any discussion of state. It is the peop]ewho make the state, without them there can be none. But population must be lalgeenough to make a state and sustain it. The members ofone single family do not makea State; there should be a series offamilies. The population ofthe state consists of twogoups, citizens and alieN, inh&litants who are not citizens ofthe state at the time ofresidence. Citizens are peBons forinally recognized pnder law as having membershipin the state. ln theory the concept ofcitizenship implies obligations on the part ofbothihe state and the citizens. In general, citizenship can be acquired by birth (7as so/l orlaw of tlle soil). Any person bom on the soil ofthe state (includilg its air space andterito al waters) is automatically entitled to citizenship. Most English-speakingcountries subscribe to the "law ofthe soil." The other method of acquiring citizenshipis calledjrs sa guinis (ldw of rhe blood). Under this, citizenship is considered aninheritance, and at bifth aperson acquircs the citizenship ofhis orherparents. Most of

    CHI,P'IER s Nature dkd Chatdctetistics ol Stdte

    .rbid.Joseph Dumer. ed., Drrona ry aI Paliti.al Sciek.e (.To]oq^, N.J.: Llrllefied. Adams. 1970). 4l 8

    univesityI 61.

    Uteher lLondonUnivesity liess.ic al M dte t iali.t

    79

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    1 Eleh.ntj a/ the Stutethe states of coittinental Europe adhere to the ,.law ofthe blood.,, II1dividual statesestablish therules for nahualization, the legalprocess by which aperson not originettitled to citizenship may become a citizenNo limit, however, can be placed on the number ofthe people constituting the sDifferences in population, other things remaining the same, do not make any differenin the nature ofthe state, although opinions as to its size have varied from iime to trPopulation in states mnges ftom the Vatican with a population ofabout l0()0 to Chwith a population ofover 1.3 billion people.TelritoryThere can be no state without a fixedte1ritory. States firstdeveloped inWestemEuroin the seventeenth century when defensive fortifications were erected to delineatedefend their new boundaries. Today, nearly the whole lalld portion of the woincluding inland lakes and rivers, is ciaimed by states. The.e is no state withoutproperteritory ard no terdtorythat isnotpalt ofsome state. The only majorexceptis Antarctica where, despite the existetce of major claims by Argenti;a, AustraChile, France, New Zealand, Norwal and Great Britain, no state has actually triedtake possessiotl of territoryTeritory of the state is \.,ronglv assumed to include only the la[d mass. Uncontemporary intemational laq the teritory ofthe State is conside.ed to extendtooceans, air space, and underground. A majority of states now accept a 12 nautical_mlimit for territorial waten under the complete sovereignty of the state. Underwateritory is also significalt with the advenr ofoffshore oil d lliDg rigs and the possibiof mining other raw materials under the oceans. The state also controls the air spaabove its territory as well as the resources beneath its soil.La[d, water and airspace within the defined teritorial area comprise the teritorythe State. Teritory therefore, includes the geographical limits ofthe state. its nveand lakes, the natwal resources it has, and the air space above. In tenns ofsize. Russis the largest with 17, 075,000 sq. km.

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    states alsonot origitally

    the state.differeoces

    to time.to China

    Europedelineate andthe world,without its

    Australia,hied to

    Underextend to thenautical-mile

    U1tderwaterpossibiliqr

    the air space

    tenitory ofits rivers

    size, Russia

    CIjAPTER5 r\knile ard Cnaruaetntics alStdteCaternment= puryose forwhichpeople live together cannot be realizedunless they are properlyt:ar sed altd accept ceftain rules of conduct. The agency creatod to enforce such:ies ofconductardto cnsure obedience is called govemment. It is the agency throughtiich the policies of the state ate fonnulated and caried out. In the words of MaxB .ber, a government is an agency that has a "mo[opoly ofthe legitimate use ofphysical-'i:.ce within a given teritory."s Govennnent is the focus of the common purpose of=e people occupying a definite territory and it is through this medium that common**licies are detennincd, common affairs are regulated and common interests promoted-a [hout govemment the pcople will have no cohesion and means ofcollective action.-rEey would divide themselves into groups, parties and even warri[g associations andEus creati[g conditions ofuiter chaos, even civil war. It is, therefore, impemtive thatrere shouldbe a common authodty and a consequcnt order whereverpeople live. It isae prerequisite of humal Iife and as such, govenmlent is an essential element oftheiete. The state cannot and does not exist lvithout a govemmcnt, no matter what formi qovernment may assume. Govemments employ their coercive power (or threaten toimploy it) to eNure domestic ordeq maintain extcmal secu ty, and plomote the.ollective welfare of the population.

    SauereigntySovereignty ofthe state is its mosl essential and distinguishable feature. Sovereignty=fem to the fount of autho ty in sociery. The concepl is legal (de jure) :,afhet lhan*actical (!le./actu). The doctrine of sovereignty assefis lhat the state is the supremedecisiol-making power within a geographically dclineated frontier and is subject to.\temal authority only by its come]lt. Sovereignty belongs to the body which has theright to male laws for a country. In Malaysia, for instance, this body is parliament.Parliament is the supreme la\t'making body il1 Ca[ada andBljtain. Sovereigrty oftheSlaie has two aspects, intemal sovereignty altd extemal sovereigniy hltemal sovercigflryrefers to the right ofstate to make laws applying within its boundades This authority.annot be shared with any other state and none ofits members within its territory canolve obedience to any othet state. Each State is independent of other states. Its will is

    iQuoted i! lvo D. Duchacek. r-ntjaks aad lvtar Inzmali.nal Polilnr ftda, (Ncw York: Holl, turehan and

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    .t Ndtion, Srue, atut &e i\atian StuEits own, unaffected by thewill ofanvothrrecogn rlion in in renr;i.;, i ;;'n",;;i"""1;:' :^ lemal authoriD I r remal soverersnN isrnean. rhe suare is ansr,, "r.;rJt";,;;;#l:Is jtirisdtctton tauthorirv, or.,", 'f,-ilryo, sovereisnry ",,;n;;';. ;;;;:: ;i;T:;: :ffff",on,,,,o o,r of rh" do.rI \![ Slate. lherc1ore. murt have ir. popuiarion. a_definirc rerrilory. a dul] esrablrsh9lvement. and soverergnry. Sirce 194!6s lo Iox.\rirhr"., ",ir,"'"" r.)"r; trerrurnberor sr,res has rripred Lom rougEa

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    .j

    is thea teritory. It

    ofthe doctrine

    esiablishedroughly

    appearing in

    "people" tohave differentLatin wordIn its

    birthplace.or cultrual

    by tiestadition andobj ecliveor simplythe samethe otherseparate

    eihnographicla.nguage.

    has n6 racial

    a definitea political unit

    on the otheriive together.entity. A state

    CHAPTER 5 l!/r/".nd Craructelistics afState-. :aamcterised by sovereignty, a nation may ormay not enjoy sovereignty. A gaoup of:e,-ole may continue to be a natior evel ifthey donotpossess orretain thei sovereign:=-:acter; sovereignty, however, is the most essential featue ofihe state. Thus, Canada,Itllaysia, Pakista[, and the United States ofAmerica a.e states. The Jewish people dor: make up a state since they are not a polilical unit. Palestinians are a nation but:L.stine is not a state as it lacks sovereignty. The United Nations, it must be:=rembered, is neither a nation nor a state. It is an organization of states hence it is:j-]ed the United Nations Organjzatioll.l:. word "nation-state" refers to a political institution that combines the concepts of-:lon with state. It refers to a state inlabited by people who idefltify themselves as a:aion because of sharing culture, history, language, ethnicity or other factors. Thei=.rcture ofthe nation-state system demands the promotion ofits own interests to the:1:lusionof ard, at times, at the cost ofall otheN. \Vlile there are cases wherc languages:. i.ligions teI1d to coincide with state borders, it is very rare to find nalion-state in its:-r sense ofthe term. In Africa and Asia, the two do not geterally coincide. This is=r to the fact that tl'te state bounda es were drawn by the deparling colonial powers--: iuit their own ilterests. Thus, many nationalities reside in one state and inversely::e nation has been divided into many states. Nigeia, for instance, is multi-cultural-:ih Hausa-Fulani forming a dominalt part. Yet, the Hausa Fulani people constitute:. minority in neighboring states. In the Middle East, the Kurdish people fonn the=:iorify in Turkey, Iraq, and Iran. India includes fifleen ofrrcial linguistic groups.:liitical Scientists are ofthe opinion that multi-cultural or multi-national states have.--ser chances ofmaintaining democracy and stability. In particular, they have found:3i multi-national states suffer ftom intense poiitical conflictbesause ofthe desire of-. nations to form their own state. Many examples cal1 be cited. The continuing=ovement to separate Quebec from the rest of Canada; the failed Biafrarl attempt to--ede tom Nigeria in 1967; and the war between East and Wtst Pakistan wlich=sulred in the eme.gence of Baagladesh are some of the well-known cases. Other:--amples include the attempt by the rcgio[ of Chechnya to break away from Russia;:: utuest among Kurds in Iraq, Iran, and Turkey; and, the bloody etlmic wars in3osnia, Croatia, and Kosovo in the 1990s.-eaders ruling multi-culhual states are aware of the problems created by their own-rjonalities. These states suffer from legitimacy because the people give loyalty to=eir own group and not the state. The state is also unable to make citizens obey laws

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    t'.1 The Origih 4 $e StuE

    of the state and pay the required taxes. Co[sequcntly, the ]eaders ofthcse states havetried to instill a sense ofnationhood anlong the members ofthe state. In other words.the leaders ofthese states have tded to IinI the concept of state and nation together.They ty to promote feelings ofcommon nationhood among their citizens to see theirstates hansfonn itlto nation-states. This is one reason why people refer to state assimply nation-state.'The Origb ot hp Sliie

    It is very difficult to know exactly thc origin ofthe srate. There are no historical evidencesto prove $,ith certainty the o gin of the state. However, political philosophers haveformulated several theories to cxplain its origin. These include: the theory of divinedght, the theory of force, and the sociai cortract theory Some philosophers believethat the state evolved over time. Ihese theories explain the origin ofthe state and alsogive reasons as to why mell should live in the state and why they should obey theauthority of the state.The Theory of Dittine OiginThe oldest and the sin,lpiest explanation for the origin ofthe state is given in tems ofdivine origin. This rheory argues thatl

    2.3.

    1. the state is created by God,the rulers are appointed by God and are accountable only to God,the ruler or the King nust be obeycd as a religious duty, and4. the disobedience to the ruler,s command is a sin and would i[vite divinepunishment.

    The ruler, therefore, combines the spirituai and temporal power This theory gave riseto the divine ght of the king who emergcs as a despot with unchectej ar_,tt ority.Simply stated, this theory advocated a ,,thcocracy.,, This theory is supported by mostreligions including Christianity. tt has led to a conflict between Church and Siate in84

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    states haveother words,

    together.see theirto state as

    evidenceshaveof divine

    believestate and also

    the

    en in tems of

    invite divine

    gave riseauthoriry

    by mostState in

    CHAIfER 5 rlatu," ad Cn aracteristict afstdte:urope during the medieval age. Since the 19'r' century, the theoly has lost much ofits!-pport with the emergence of secularism.,: has been wrongly assumed by most pcoplc that Islam subscribes to a theocratici'ere. ln Islam, every human being, l1ot the n]ler alone, is described as the vicegerent: lGod. The power o ginates ftom God but it is delegated to the people to be exercisedirmugh their chosen representatives. Some people, therefore, call it a "theo-democracy."

    The Force Theoryllis theory argucs that ihe state came il1to existence through brute force. This theoryrs basedupon the conception ofhuman natLlle. Man. they argLle, is a social animal andjlat there is a lust for power in him- The stronger captures the $eak ard exercises.arthority overhim. Gradually, he expands his domain and ultimately he would become3 King. II1 simple tenns, the theory argues as follows:.- Force is an essel1tial feature ofthe state.

    The states were bom offorce.Force is used as the instrument to maintaiD intemal order and to secure it fiomextemal aggression.

    Thus the theory hacesthe origin and development ofthe state to brutc force andjustifiesili authority on the maxim of "might is right." It rmduly emphasizes the principle ofie survival of the fittest. It is dangerous to employ such a principle in the intemaleristence of the state. Most scholars bclicvc that force may be essential to maintain3..\' and order but it is definitely not the basis of the stale. Furthcrmore, no state cansun'ive for long by force unless it is suppofied by the willing consent ofthe pcople.

    The Social Contract TheoryThis theory argues that the state came into existence through a contract or agreemelt

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    X6ffit1l6ilii oftii':.S(*{i*&1ii& e.ttttt t$Ilig-af$'ntY{ t..Hobt es Diltt, Nasty, Brutish,And state ofwar Lack ofsecurity il1state olnahre One contlact:Absolute Monarchy.Locke Good life, people

    obeyed the lawsof natureMen wanted topreserve life andproperry.

    Two conhacts:conditional smetrderofpowerto theauthodty

    Rousseau Good life, peoplelived like in haver Men wanted morefteedom One Contract;General will issovercign

    The Origln aJ the State

    People originally lived in a state ofnaturc.Thisimaginary state ofnature was pre-social and hence a condition ofperpetuaiwar(Hobbes) orpre-political in the abserce ofa common recognized authoriry-(Locke and Rousseau). In short, it was not an organized society.To escape from this unsatisfactory and intolerable condition, people enteredinto a contract with his fello*,menAs a result ofcolffact, covenant or agreement among people in a civil societywas established where the laws ofthe state prevailed.

    4.

    2.

    3.

    1.

    The social coltract theory has been criticised as bei[g unhisto cai, illogical andfallacious. It is unlistorical because there is no record in human hi.to.yof u itut" ",r".reated by confact. It is illogical in that it is impossible for people with no tnowleOgeofthe state to form a state. It is fallacious because.ights cartrrot exist witto,_rt itte stateand people cannot surreflder the dghts which they did not possess.Table 5.1 Views ofThree Social Contract Theorists

    As canbe seen, the theories ofDivine Origin, Force and Social Coltract as explanationsofthe o gio ofthe state axe specurative. Each ofthese theories contuio. .o-'" ltL"ot86

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    ofperyetualauthority

    entered

    a civil society

    illogical andofa state everno knowledge

    the state

    CHAP_|ER 5 r\-drr" ar./ Clat\t.ittini.\ ofState::5xth and helps us in understanding how and why the Statc cane i1tto existence.:--\1ever, these theories camot be accepted as providing the basis ofthe o gil1 ofthe=ie. Only the Historical or Evolutionary thcory has teceived some acceptability from=e conrmunity of scholars.Hbtofical ot Eoolutianary Theoryinply stated, this theory aques that the state came into existcnce as the rcsult ofarural evolution. It evolved gradually as the rcsult ofthe need ofmc1l for order and-orection. AMuslim thinker, Ibn Taymilyah, argues tl1at there is a flatural propensity=-aerent in man who drives him to cooperate with his fellorv creatures for comnron--.ll-being and happiness. This comlnon welfare cannot be attained without a social:rder which requires some authority to dircct it. This sociological argxrment has been:.lelopedin greater detail by Ibn Khaldun.'As developed by Westempolitical thid

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    of state. Still, it may be argued that the state has evolved through the following stages'First, there was the tribal state. This was followed by the Oriental empire, the Greekcity-state, the Romm empire, feudal stage, and finally tho nation-state

    'l8laiSXlir l*lam . -The concept ofthe nation-state, or its Arabic equivalent dat'lal?, is a relatively recentdevelopment in Europe, as is the concept of sovereignty' The nation-state system isg"rr".uily li.L"d to th" Treaty of\Vestphalia iu 1648, while the concept ol,s:v:rliigntyias firsi systematically emrnciated by Jean Bodin (1530 96 CE) in 1576 CE It isnatural, therefore, that the concept of state is neiiher used in the Qur'al nor was it invogue at the time ofthe Prophet. The early/irqa,.i ' used the terms thihfah :t imanahto "denote the idea of a political oder. The tetm dawlah gaited cnrrency in the earlyseventh century, and was employed with rcference to the Muslim dynasties owingnominal allegiance to the powerless caliph. Another eight centudes had to elapse forthe idea ofan Islamic state to gain curency "as an altemative to the caliphate " Theshift was occasioned by various factors including the abolition of the caliphate itr1924. However, the very telm "lslamic state" is amisnomer and is better reptaced with"Islamic polity" or "Islamic Political Order."Although the tems "state" or "polity," do I1ot occur in the Qur'an' the essential elementsthat co;stitute a political order were referred to in the Qur'all which clearly indicatethat the concept, ifnot the term, was meant in the Qur'en For instance' the Qur'enrefers to a seiof principles or fuflctiors that either in-rply the existence of a socio-political order, or in some cases, the use ofan organized authority for their realisation''They include things like 'ard (contract), .7m a ah (ttnst),4A'ah (obedience) andi'im(adjudication). There are also general laws or directives,

    pertaining to the waging ofwar and the making ofpeace. The subjects of these laws or directives are "the justlybalancedMuslim community" distingujshable fiom others by vifue oftheir possessinga special characteristic - a self-sufficient political society More impofiantly' there arecertain religious obligations such as the collection of'dtdi, the puoishment of criminals'and the orgnization ofjiirirl'nhich lTray not be effectively accomplished without theformal interr'ention of political authority.

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    stages.the Greek

    recentSystem isCE. It isit in

    or im,imahin the earlyowing

    elapse forThe

    in

    elementsindicate

    the Qur'enof a socio-realisation.

    ard hukmwaging of"the justly

    arethe

    CHA?TER5 ^iTrzre a,l Cldtd.teristics oJStal.Essential Principles ol an Islamic State--le Qur'an provides a nrunber ofimportant principles pertaining to the Islamic politicalr.der The fiIst is ,.n &;d, meaning the indivisible, inalienable divinity ofAllah This:r-ulciple denies anyone, be it a homan agency as with a Hobbesian monarch, ora legal:.tion iII the fo n of a state, as John Austin, the right to order others in his own ght:l do or not to do celtain things. For, as the Qur'an declares, "The command rests with--xe but Allah" (6:57) "Who is the Lord ofthe universe" (1:1) and "grants guidance",.r7:3).-\llah's commands and directives have been bequeathed to mar*ind in two fonns.One, the Qur'an, the divinely-revealed book from which all principles and ordinancesol Islam are drawn. Two, the ideal conduct of the last Prophet, the Slnaai, which;larifies, explains and exemplifies the Qur'an. The two taken together constitutes theShari'ah which is the ultimate source of authoriry It means that all acts, procedures,iispositions and fina1 decisions ofpublic authorities at any levels camot be valid andiegally binding upon the people unless it is in conformity with the law. The Qur'dn;ategorically enjoins the believers to 'Judge between them by that which Allah has.e,,'ealed" (5:49) and condenrns the defaulters as "unbelievers," "wrongdoers" and-rebels" (5:44, 45, 47). By upholding the shari'ah,Islam allirms the necessity of-rovernment on the basis ofnomrs and well-defined guidelines, rather than personal,fefere[ces,Tle next pinciple is 'adalah, to establlsh justice for all "ever as against yourselves,rrr your parents or yotrl kins, whether it be against the rich or poor" (Al-Qur'An 4:55,-t:135). The believers are commanded to be just for "justice is next to piety" (5:8).They arc enjoined to obserr'e the law and obey the representatives ofAllah, who areappointed "to judge among men with justice" (38:24). The prophets came with 'theBook and the Balance (of Rights and Wrong) that tren may stand forth in justice'r57:25). The Prophet was commanded to mle in accordance with the 'tuth'and the-path ofAllah" (2:24), the terms most commentators equate with "righteousness" and-iustice" respectively. The Qur'anuses multiple words like S,rnat AllAh (he way otraditior of Allah), mizan (scale), qisl and 'adl (both meanirg justice), perhaps tormpress the significance of justice.The Qur'an is emphatic on individuals carrying out their obligations of doilg goodand liberality to kith and kin, of eschewing shameful deeds, injustice and rebellion,

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    l

    ard ofabstainiog frorn hanning otheruues nor merery protect,r," *"ut una fl,: lI],11iii,will or rnalice The Qur'anicjusritor rt o'e.o ho tLraml, ,,";;. ;;i;;,t3,11']11 o:1"'-,^1": "rharsh punr.hmeQur'an demand. or rn ,ra;riarul , ,'1 "8ttts ano cause confusion in rhe 'ocier). Twime,< er en "r,,",,;;;;;;';;.i ,l']il ,:*,,.,*0"'d .o rhar he rna; srand asandcapdbte pubtic orfi"i"r. ,"ri"iirllli *lorder manifesrs it.clr in having uprig' ealrh,nd opponun,r ;"';;; ilf,';i,[i:brtc poricv in aiLr't uav and disirib,rrn'A dd-la h postulates t\.r ofi mdamental Dlilcono,on and consequ"n"" or,n".r,rnllllf sol /'"e.ccton andequaliry tr i\dnes.enrrdposcessron of lreedom ," ,", ""^^.,,']lT"nr ofiuslice rhar rhe people should beideological or irreleura, ;il;.,,;;;':i'" one : ou n mordl con\ icrions. ro makand choice. ..rhe eu;;;;,.;;11,",fl;i.,.,J.j?_,,11 ,li!::,. "rlhe.e corv,ctioncoercton tn a/-drz. rclers not onl\ ro nri mcanlne there is nhumarr trte and ".*,,.r,ii ",;;;,';;l llt-": "' '''* but to er eD concei,-ablc ur.a oe'poused b; r.r",n i. ""i " ,i"!r' 4 iegrmenrarion ofindiridual life The &eedomv,stim cir;en. oirr,e ;;;;:;-'r:,: "te^ bur.e^rends ro minonries and nonpre:cn ing and pracrisrr, ,r,",,. rl'r"rl"ll".l,ln-Muslirn 'ubiech har e rhe lreedom oan Isidmic sociery. , n';?;;";;:'"r':il: re,rrsrous prdcrices and culrural tradirions ir

    proporrionare ," ,"r, " ."rr.," -0"*11-T,l:"0 ': not absolure bur reldri\e andrrresponsibre as ,".","r,.i.1"', i i.'J;H:::ll'* Adroq6lipg absorure ileedom i.Thr's freedom presupposes equalitv ofand publrc dLrjes. These are ro o;.n,1."., equa,liry in rishls libenic.. opponuniriescreed. l.here i, no roo,n f"..;,,,^,,^ il)rll-b) all irrespecri! e of race. languaee andidentical law. Ih" a* ",,,;;;;;t", *'u

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    justicepurishmentssociety. The

    stand as auprightdistributing

    an essentialshould be into makethere is no

    area ofThe freedom

    and non-freedom of

    traditions inreiative andfieedom is

    andto the

    oraristocracyAll people

    the childrensubjection tohave always

    polity

    decision-to

    CHAPTER 5 ,\izr,/e a"d Chamrkrntjcs ofSta-:-.niult them in the conduct of aff'airs" (3r159) and refers to the believers as thoseir.r conduct "their affairs by nutual consultation" (42138). The system of,r/1r7ld,=-.iides the procedurc whe.eby Muslims sit together and delibeGte upon inpo.tant-:iers to arive at ard bound by colclusions ir the light ofthe philosophical concept:: :ustice,. :i Qur'en mentiors srrki on the same footing as cstablishing prayer and paying:-.iir. According to the text and context ofthe Qur'an and the Sunnah,.!&r/.i means a.:.:;isive participation ofthe peopie in govening themselves.It is based on the conviction:li matters of fundamental impodance are best left to the collective intelligence of:: people provided they a.e guidcd by the Shari'ah. The assumption being that, given:: &eedom ofevery man to exe himselfto urlderstand the spirit ofthe iaw and fonn::. opinion accordingly, all considered opinions will eventually gravitate towards the:jib. .\rrrd ensurcs not mcrely the pafiicipation ofthe people io public affairs but it.{-"s as a check against q.ratulical rule as r.ell. S}r/, can be operationalized only if:ere prcvails the two fimdamental principles offreedom and equality. The essential:-.:rture of an lslamic politicai order is an endeavour to transfom the p|inciples of;,-,hid, 'adl, equality, J/rr7l, and fteedom "into space-time" references, an aspiratioll:. realise them in a definite human organisation.

    State in the WestIne origin and development of dre nation-statc in Europe was tire result of complex:ioa esses that occurred bct\r'een the tenth and nineteenth centuries. However, the sip;n i n gri rhe Treaty of \lbstphalia in 1648 and the French Rcvolution of 1789 are the tlvo:istorical evellts each ofwhich marked the begiming ofa new period in the formatiol1:istates. The Treaty ofwestphalia begaD thc era ofthe teraitorial state in lvhich peopleihifted their loyalties from the ideal of a universal Christian commonwealthChristendom) to thc fatherland. The Frelch Revolution began the era ofthe national-.:ate in whicl] the state became idertified with a particular nationaliiy group, and-rionalism becane tl're doDlinant bcliefsystem in the worid. In both cascs state-buildingind natiot-building tasks were undertaken by lcadership group that owed thek powcr,s-rarus, and wealth to the e)dstence of the sovercign srate. By the latter half of thelineteenth century the fonnation of the states of Europc in their modem fonn was.omplete excepl for the changes brought by the two world wars. The development of

    9l

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    tr*

    the state in the \!'est took seveml centu.irprarssures ro devctop q;klr, *iffi;:::-westem state bu ilders were free of rhcontront the jeadefi ofemerging states.Ctdie'utrgfa Codiilxmrr ;gp9196i ; _*******

    The basic polirical philosophy oftheclaitns ro havc a"";"r"",;;;;;

    :ornmunr"l slale is MaJ-\ism-Leninism. whichrighL. socrat -r'*",.-;;';;" ;Jlehensr\ e, rheoD of the srare. They reject divinebelreve Lhar humani^ r. i^, -l^^.lljl 1,"-'"i"e theories of the origin of ihe "rrte. th",is progres.irg rhrough ;;;l;;; ,Jil- or socra I de\ elopmen I and Lha r human soc ie((ornm unat epoch. rhe stav. ".^^r. ; r^clll : I developmenr' rh.'" uug". *" p,i, iiir"-the socialisr-commuDt., ;;";. il" ;: :":ar:locn' lne capiralisr epoch. and tualtypan.Ibc soc id tisr" 5ra," i. ;;;;ri,;;,1ti.:ioch i'di\ided into B\o parts ln rhe llrsrln the second pan. ili"{,ililii1^":Yrzatron preparing ror the clas

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    fiee ofthestates.

    CI]APTER 5 rYarr/c ard Cn a radetnrics al State:=::s such as Iraq became independent, others like Jordan were created as new entitiesEi \et others like Palestine, S)ria and Lebanon were either mandated or turned intoi-:ech colonies.j -. as only after the Second World \\'ar and the dismemberment ofthe British, French,k.h aIrd Spanish empires that the rest of the Muslim world gaired independence.l-jr Palestine did not become independent but was pallitioned in 1948 with the=-iblishment ofthe state oflsrael. In 19,17, Pakistan emerged as thc most populatedlLslim state. In 1971, it broke into two, East Pakistan became Bangladesh.l:e MuslinWbrld is representedby the Organization ofthe Islamic Conference (OIC).:: j aI1 iniemational orgallization composed of 57 mostly Muslim majority states.{l]ong OIC member states, there are monarchies, Islamic republics, democratic:=ublics, and socialist republics. Dudflg the nationalist struggie, mostMus]ims defured*ir mtioml idettity on the basis of their religion. Algerians ra'anted to be Muslimr-3erians by rejecting their French Algerian identity; Bitish Irdiar Muslin'N wanted= re Indian Muslim or Pakistani. W. C. Smith has observed that 'Nationalism. forI{uslims, is everywhere a Muslim nationalism." Following their independence,!.r':r'everJ they were confronted with conflicting interests oftheir new natio[al idelltityrcJ religious identity creating a crisis in contemporary Muslim society. Additionally,:e \{uslim world is confronted with the following problems.: Border disputes because of the artificial bormdaries created by the depafting

    colonial powers. They dividedpeoples and language groups ard ignored naturalbouldades.

    :. Itaccurate statistics about the population in each state. In some countries, acensus has not yet been taken.Mostofthe govemrnents are not very effective. People abide more by therulesof groups such as tribes or castes than by the larvs passed by govemments.Almost all states are economically and military dependent upon the Westemstates who constantly undermine their sovercigDty. Major powen such as theUnited States expect economic as well as political retums for foreign aid andtrade concessions.

    whichreject divinethe state. They

    human societyare primitive-

    and finallyIn the firstsociety.

    away." Withstate will

    Before itssystem - acontrol asrejected

    but inthe 15were federal,

    have opted

    of the MuslimAfghanistan,

    influence.ofArab

    93

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    State ik the Masli"t t1/a .l

    theocracyroma[ empirejntemal sovereignty

    social contractsovereigntyextcmal sovereignty'adalah

    odental empiregovemmentnation-statesocialist state

    I Suggested ReadingsAberbach, Joel D. and Beft A Rockmall.,? t e Weh of Palitics: Three Decades of th

    US Fetleral Executiyes. $hshington, DC: The Booking Press, 2002.Alien, Jolrn. Stldent Atlas of World Polllrct. Guilford, CT.: The Dushkin Publishin

    Compary, 1 99,1.Everard, ]e.ry. nrtual States- The lnternet and the Boundaries oJ'the Nation StateNew York Routledge, 1998.Fleras,Augie. and Jean Elhot, The Natio s Wthin,lborigtual-State Relations in Canadathe Ukited States, and New Zealand. Don Mills: Oxford University Press, 1992Gibbons, Roger and Sonia Arrison. llestem l/isiofis.' F>rspectives on the lfest iCarada. Peterborough, ON: Broadview Press, 1996.Gordon, David (ed.). Secession, Stdte and Libel4r. London: Transaction, 2002.Henshall, Kenneth. A History oJ J.tp.ln: Frcfi Sto e Age to Superpolre,'. New York

    St. Martin's Press. 1999.Howlett, Michael and Da',\dLaycock, The Puzzles of Power Mississauga, Ol1t.: CopClark Pitman Ltd.. 1994.Kuzio, Taras, 'Nationalism in l]kraine: Towards a New Framework". Politics. Yol20No.2.2000.

    94

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    empirc

    state

    Decades ofthe

    Nation State-

    in Canada,Press, 1992.

    on the West in

    New York:

    Ont.: Copp

    Vol. 20,

    CHAITER 5 Marrre and C,t 4tddoini.s oJ Stat.--i::. Jan-Erik, David McKay, al1d Kenneth Ne.*1]on. Political Dcltd Ha dbookLondon,L-K Oxford Uni\er.ir) Prc.s, lqo6.-3ra. Alexander. Tre Political Cukure ofthe Russian 'Denocr.lts.' New York: OxfordUniversity Press, 2000.a1man, Paul. -From Ciiliall Potrer to Supet?ower: The International ldentity o.ft?r/ope. New York: St. Martin Press, 1998.tiinington, Michael, and Glen Williams. Canadian Politics. Scarborough, Ontario.

    ITP Nelson, 1999.

    {; Weblinl):-= Third Worldi hth r//twnside. org. sgi'souths/twn/'twe.htm:i.nomics and Politics of Nation-Statest http://www. fab ian-barb er. com/=-ions!desk.htm-e Birth of Natior-States: httpi//wwwnet.hu,/con?inus,&ogdan04.htlm3:ography, Canada: http://canada. gc.crcaradiana/faitc/fa2 1.hrmlirergovemmental Affairs: htQ t,lwww.aia. gc. ca/.]Jebec as a1l Independent Nation=state: hte://members.tripod.com/ma.eth ravenlock/


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