Theory of state

Taqiyuddin Abu’l-’Abbas Ahmad His books:

◦ Minhaju’s-Sunnah: the problem of Imam◦ Siyasa Shar’iyyah: the nature, forms and

attributes of the state Analysis of the downturn facing by Muslim

world:◦ Muslim need to develop a new economy on the

sound basis◦ Muslims need to revive the early Muslim “life”◦ Faith should be freed from all the excrescences.

His analysis of the political problem of the state and the legitimacy of the political authority starts from the bottom (the individual, his nature, and duties) and goes upward to the state and political authority.

Cooperative framework among the Islamic states to enjoy what is good and avoid what is prohibited.

Arabic language to facilitate cooperation; as national symbols.

The concept surpasses the concept of the state as a political identity within which a group of people live together and enjoy some sort of sovereignty.

As a coercive political institution to enforce law and order and to facilitate social cooperation among its members in order to avoid the conflict of interest among them.

The necessity of state is compatible with the nature of men and the special status of the Islamic ummah.

It is required by reason and revelation. Its legitimacy is derived from fulfilling

temporal and spiritual needs and its ability to pursue justice in distributing the needs.

The act of ruling as an empirical manifestation of the act of worshipping through which the ruler utilizes the post as a means to come closer to God. Refer pg.149

1. the application of God’s sacred law The limits of God’s law: 2 categories

Those limits whose benefits cover the interest of all muslims in the state and are not restricted to specific groups of people.

The limits that are related to the people’s rights and to governing certain cases of human misconduct (private law)

2. The strive for God’s Cause (Jihad)◦ Advancing Islam, by force if necessary…

3. The economic function◦ State must not tolerate violation of man’s life and

property.◦ Individual private property must not contradict

with the interests of the public◦ Regulatory economic policy: fixing prices and

wages, prevent monopoly, cheating◦ The concept of ta’zier against public offences:

verbal condemnation, imprisonment, deportation…

3. Economic ◦ He defends the imposition of penalties of financial

and materialistic nature. ◦ Interference with limited degree.

4. Minorities◦ He regards the excess of tolerance to the

existence of non-Muslims minorities as not only a sign of weakness on the part of the Islamic state, but also as a malfunctioning defect that hurts its legitimacy.

◦ State must control the danger of non-Muslim minorities

◦ Entitles to their religious rights.

Sunni school : accepted election as a method of selecting an imam.

Fard-Kifayah for all Muslims. Ibn Taimiyyah criticized the election of imam by the

uninformed public as well as by a small group of people. The actual transfer of the authority rests on the baiah by

which the ruler and the people are finally attached to each other.

He suggested the principle of cooperation rather than ijma’ or infallible as a basis for obedience.

He also suggested that all qualities stated by the early muslim scholars may not be find in Muslim after the four caliphs.

Condition of Quraishite lineage is incompatible with the egalitarian tendencies of Islam. Even if an Abyssinian slave were to be elected, he should be obeyed.

Functions: mainly legal, called as wilayah:p.131◦ To ensure justice and well-being of the people.◦ He has full authority to divide the departments of

state according to his discretion and to confer any powers he likes to the incumbents.

Institution of Qadi Institution of Muhtasib

◦ To appoint all principal officers of the state

◦ State must not tolerate violation of man’s life and property.

◦ Individual private property must not contradict with the interests of the public

◦ Regulatory economic policy: fixing prices and wages, prevent monopoly, cheating

◦ The concept of ta’zier against public offences: verbal condemnation, imprisonment, deportation

◦ He defends the imposition of penalties of financial and materialistic nature.

◦ Interference with limited degree◦ Institution of Hisbah