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The Security Of Life
And Property
In the address which the
Prophet (blessings of Allah and peace be upon him) delivered
on the occasion of the Farewell Hajj, he said: "Your
lives and properties are forbidden on one another till you
meet your Lord on the Day of Resurrection." Allah Almighty
has laid down in the Holy Qur’an: "Anyone who kills a
believer deliberate will receive as his reward (a sentence)
to live in Hell for ever. Allah will be angry with him and
curse of Allah and peace be upon him) has also said about
the dhimmis (the non-Muslim citizens of a Muslim
state): "One who kills a man under covenant (i.e. a
dhimmis will not even smell the fragrance of Paradise" (Bukhari
and Abu Dawood).
Islam prohibits all killing
except that done in the due process of law. This is referred
to in the Qur’an as bi'l-haqq ("with the truth").
During wars or insurrections, only a jut and righteous
government, which follows the Shari’a, can decide
whether the taking of a life is justified.
These weighty decisions may
not be left in the hands of a court which has become
heedless of Allah's will and is under the influence of the
administration. Such judiciary may miscarry justice. Nor can
the state seek justification in the Holy Qur’an or
Traditions if it murders citizens because they oppose unjust
policies and actions or criticize it for its misdeeds;
equally, the state has no right to hire assassins to kill
innocent people and then protect the assassins from the just
retribution of the courts. The very existence of such a
government is a crime and none of the killings carried out
by it can be called "execution for the sake of justice", as
the Holy Qur’an puts it.
Along with security of life,
Islam has with equal clarity conferred the right of security
of ownership of property. The Holy Qur’an goes so far as to
declare that the taking of people's possessions or property
is prohibited unless done by lawful means: The law of Allah
categorically declares: "Do not devour one another's wealth
by false and illegal means" (2:188).
The Protection Of Honor
The second important right is
the right of citizen to the protection of their honour. In
the address delivered on the occasion of the Farewell
Hajj the Prophet (blessings of Allah and peace be upon
him) not only prohibited Muslims taking the life and
property of other Muslims, but also any encroachment on
their honour, respect and chastity. The Holy Qur’an lays
down:
(a) "You who believe, do no
let one (set of) people make fun of another set.
(b) Do not defame one another.
(c) Do not insult by using
nicknames.
(d) And do not backbite or
speak ill of one another" (49:11-12).
This law is superior to the
Western law of defamation. Under Islamic law, if it is
proved that someone has attacked the honour of another
person, then, irrespective of whether the victim is able to
prove himself a interesting and honourable person, the
culprit will be punished. The interesting a fact about the
Western law of defamation is that the person who files suit
for defamation has first to prove that he is a man of honour
and public esteem and during the interrogation he may be
subjected to scurrilous attacks and accusations by the
defence counsel - to such an extent that the court hearing
may be more damaging than the attack on his reputation which
originally led him to the court. In addition, he also has to
produce witnesses to testify in court that, the defamatory
accusations have damaged his reputation in their eyes.
Good gracious! What a subtle
point of law, and what an adherence to the spirit of law!
How can this unfair and unjust law be compared to the Divine
law? Islam has declared defamation a crime irrespective of
whether the accused is a man of honour, or of whether the
words used have actually disgraced the victim and harmed his
reputation. Under Islamic law it is sufficient to prove that
the accused said things which, according to common-sense,
could have damaged the reputation and honour of the
plaintiff.
The Sanctity And
Security Of Private Life
Islam recognize the right of
every citizen in an Islamic state to no undue encroachment
on the privacy of his life. The Holy Qur’an has laid down
the injunction: "Do not spy on one another" (49:12). "Do not
enter any houses except your own homes unless you are sure
of their occupants' consent" (24:27). The Prophet (blessing
of Allah and peace be upon him) went to the extent of
instructing his follows that a man should not enter even his
own house suddenly or surreptitiously. He should somehow
indicate to those inside that he is entering so that he may
not see his mother, sister or daughter in a condition in
which they would not like to be seen, nor in which he
himself would like to see them.
Peering into the houses of
other people has also been strictly prohibited ¾ so much so
that there is the saying of the Prophet (blessings of Allah
and peace be upon him) that if a man finds another person
secretly peering into his house, and he puts out his eye or
eyes as a punishment, he will not be liable to prosecution.
The Prophet (blessings of
Allah and peace be upon him) has even prohibited people from
reading the letters of others; indeed, if a man is reading
his letter and another man casts sidelong glances as it and
tries to read it, his conduct becomes reprehensible. These
are examples of the sanctity of privacy that that Islam
grants to individuals.
On the other hand, in the
so-called modern civilised world we find that not only are
the letters of other people read and censored, but even that
photostat copies are retained for future use or blackmail,
Bugging devices are secretly fixed in houses so that
conversations taking place behind closed doors can be taped.
In other words, in many spheres of life individuals have no
real privacy.
This prying into the life of
the individual cannot be justified on moral grounds by a
government saying that it needs to know the secrets of
potentially dangerous person. The basis of this philosophy
is the fear and suspicion with which modern governments look
at those of their citizens who are intelligent and
dissatisfied with official policies. This is exactly what
Islam has called the root cause of mischief in politics. The
injunction of the Prophet (blessings of Allah and peace be
upon him) is: "When the ruler begins to search for the
causes of dissatisfaction amongst his people, he spoils
them" (Abu Dawood)). The Amir Mu'awiya has said that he
himself heard the Prophet saying: "If you try to find out
the secrets of the people, then you will definitely spoil
them or at least you will bring them to the verge of ruin."
"Spoiling" people is what
happens when secret police are spread all around a country
looking into their affairs: men begin to look at one another
with suspicion, so much so that they are afraid of talking
freely in their houses lest some word should escape from the
lips of their wives and children which may put them in
embarrassing situations. In this manner it becomes difficult
for a common citizen to speak freely, even in his own house;
society begins to suffer from mutual distrust and suspicion.
The Security Of
Personal Freedom
Islam has laid down the
principle that no citizen may be imprisoned unless his guilt
has been proved in open court. To arrest a man only on the
basis of suspicion and to throw him into prison without
proper court proceedings and without providing him with a
reasonable opportunity to produce his defence is not
permissible in Islam.
It is related in the
Traditions that the Prophet (blessings of Allah and peace be
upon him) was once delivering a lecture in the Mosque, when
a man rose and said: "O Prophet of Allah, for what crime
have my neighbours been arrested?" The Prophet appeared not
to hear the question and continued his lecture. The man rose
again and repeated the question. The Prophet again did not
answer and continued his lecture. The man rose for a third
time and repeated the question. Then the Prophet ordered the
man's neighbours to be released.
The reason why the Prophet had
not answered when the question was asked twice earlier was
that the police officer who had carried out the arrest was
present in the Mosque; if there had been valid reasons for
the arrest, he would have got up to give them. Since the
police officer did not, the Prophet ordered that the
arrested persons should be released. The police officer was
aware of Islamic law and therefore he did not get up to say:
"The administration is aware of the charges against the
arrested men, but they cannot be disclosed in public. If the
Prophet inquires about their guilt in camera I will
enlighten him." If the police officer had made such a
statement, he would have been dismissed then and there. The
fact that the police officer did not give any reasons for
the arrests in open court was sufficient for the Prophet to
give immediate orders for the release of the arrested men.
The injunction of the Holy
Qur’an is very clear on this point. "Whenever you judge
between people, you should judge with (a sense of) justice"
(4:58). And the Prophet (blessings of Allah and peace be
upon him) said: "I have been ordered by Allah to dispense
justice between you." This was the reason why the Caliph "Umar
said: "In Islam no-one can be imprisoned except in pursuance
of justice." The words used here clearly indicate that
justice means due process of law in open court.
If a government suspects that
a particular individual has committed a crime or is likely
to commit an offence in the near future, it should give
reasons for its suspicion before a court of law and the
culprit or the suspect should be allowed to produce his
defence. If good reason for suspicion is proved, he should
be informed of how long he will be kept in preventive
detention.
In all such circumstances, it
is essential that the public hear the charges brought by the
government, as well as the defence made by the accused, and
thus have the opportunity of seeing that the due process of
law is being carried out.
The correct method of dealing
with such cases in Islam is exemplified in the famous
decision the Prophet (blessings of Allah and peace by upon
preparations for the attack on the city when one of his
Companions, Hatib bin Abi Balta'a, sent a letter through a
woman to the authorities in Makkah informing them of the
impending attack. The Prophet came to know of this through a
Divine inspiration. He ordered 'Ali and Zubair: "Allah
quickly on the route to Makkah, at such and such a place,
you will find a woman carrying a letter. Recover the letter
from her and bring it to me." So they went and found the
woman exactly where the Prophet had said. They recovered the
letter from he and brought it to the Prophet.
This was indeed a clear case
of treachery. In fact, one cannot think of a more serious
crime during a time of war than giving a military secret to
one's enemy. What could have been a more suitable case for a
secret hearing than one into the betrayal of a military
secret? But the Prophet summoned Hatib to the open court of
the Mosque of the Prophet and in the presence of hundreds of
people asked him to explain his position with regard to the
letter addressed to the leaders of Quraysh.
The accused said: "O Allah's
Messenger (may Allah's blessings be on you) I have not
revolted against Islam, nor have I done this with the
intention of betraying a military secret. The truth of the
matter is that my wife and children are living in Makkah and
I do not have my tribe to protect them there. I had written
this letter so that the leaders of Quraysh may be indebted
to me and may protect my wife and children out of
gratitude." 'Umar rose and respectfully submitted: 'O
Prophet, please permit me to put this traitor to the sword."
The Prophet replied: "He is one of those people who took
part in the battle of Badr* and the explanation he has
advanced in his defence would seem to be acceptable."
Let us look at this decision
of the Prophet in perspective. It was a clear case of
treachery and betrayal of military secrets. But the Prophet
acquitted Hatib on two counts. Firstly, that his past record
was clean in that he had fought at the battle of Badr when
there were heavy odds against the Muslims. Secondly, his
family was in fact in danger in Makkah. In such
circumstances it was sufficient punishment that his secret
offence became public and that he was disgraced and
humiliated in the eyes of the Believers.
The attitude and activities of
the Kharijites in the days of the Caliph ‘Ali are will known
to students of Muslim history. They used to abuse the caliph
openly, and threaten him with murder. But whenever they wee
arrested for these offences, ‘Ali would set them free and
tell his officers: "As long as they do not actually
perpetrate offences against the state, the mere use of
abusive language or the threat of use of force are not such
offences for which they can be imprisoned." The Imam Abu
Hanifa has recorded the following saying of the Caliph ‘Ali:
'As long as they do not set out on the armed rebellion, the
Caliph of the Faithful will not interfere with them."
On another occasion, ‘Ali was
delivering lecture in the Mosque when the Kharijites raised
their special slogan there ‘Ali said: We will not deny you
the right to come to the mosques to worship Allah, nor will
we stop your share from the wealth of the state, as long as
you are with us (and support us against the unbelievers) and
we shall never take military action against you as long as
you do not fight with us."
One can visualize the
opposition which ‘Ali was facing; more violent and
vituperative opposition cannot be imagined even in a
present-day democratic state; but the freedom that he
allowed to the opposition was such that no government has
ever since been able to give to its opposition.
The Right to Protest
Against Tyranny
Among the right that Islam has
conferred on human beings is the right to protest against a
government's tyranny. The Qur’an says: "Allah does not love
evil in public unless it is by someone who has been injured
thereby" (4:148). This means that Allah strongly disapproves
of abusive language or strong words of condemnation, but
that the person who has been the victim of injustice or
tyranny has the right to protest strongly against the injury
that has been done to him.
This right is not limited to
individuals. The words of the verse have general
application. If an individual or a group of people or a
party usurps power and, after assuming the reins of
authority, begins to tyrannize individuals or groups of men
or the entire population of the country, then to raise the
voice of protest is the Allah-given right of man. Trying to
usurp this right is tantamount to rebellion against Allah.
The talisman of Section 144* may protect such a tyrant in
this world, but it cannot save him from hell-fire in the
Hereafter.
Freedom Of Expression
Islam gives the right of
freedom of thought and expression to all citizens of an
Islamic State on condition that it is used for propagating
virtue and not for spreading. This Islamic concept of
freedom of expression is far superior to that of the West.
Indeed, the right to freedom of expression to
propagate virtue and righteousness is not only a right, but
an obligation. Anyone who tries to deny this right to
his people is openly at war with Allah, the All-Powerful. It
is equally a right of and an obligation on an individual to
attempt to stop evil, whether this evil is perpetrated by an
individual or by a group of people or the government of
one's own country or the government of some other country.
Over and above this, he should openly condemn the evil and
point to the morally correct course which would be adopted.
The Holy Qur’an has described
this quality of the Faithful in the following words: "They
enjoin what is proper and forbid what is improper" (9:71).
By contrast, describing the qualities of a hypocrite, the
Qur’an says: "They bid what is improper and forbid what is
proper" (9:67). The main as follows: "If we give authority
to these men on earth they will keep up prayers, and offer
welfare due, bid what is proper and forbid what is improper"
(22:41). The Prophet has said: "If any one of you comes
across an evil, he should try to stop it with his band
(using force); if he is not in a position to stop it with
his hand then he should try to stop it by means of his
tongue (meaning he should speak against it). If he is not
even able to use his tongue then he should at least condemn
it is his heat. This is the weakest degree of faith."
The obligation to try to
persuade people along the paths of righteousness and away
from the paths of evil is incumbent on all true Muslims. Any
government which deprives its citizens of this right is in
direct conflict with divine injunction. Such a government is
then not in conflict with its people, but with Allah it is
trying to usurp that right of its people which Allah has
conferred not merely as a right but as an obligation.
Freedom Of Association
Islam has also given people
the right to freedom of association and formation of parties
or organization. This right is subject to certain general
rules. It should be exercised for propagating virtue and
righteousness and never for spreading evil and mischief. We
have not only been given this right to spread righteousness
and virtue ¾ we have been ordered to exercise it. Addressing
the Muslims, the Holy Qur’an declares:
"You are the best
community which has been brought forth for mankind. You
command what is proper and forbid what is improper and
you believe in Allah" (3:110)
This means that it is the
obligation and duty of the entire Muslim community to enjoin
people to righteousness and virtue and forbid them to do
evil. If the Muslim community as a whole does not perform
this duty then "let there be a community among you who will
invite (people) to (do) good, command what is proper and
forbid what is improper, those will be prosperous" (3:104).
This clearly indicates that if the community collectively
begins to neglect its obligations, then it is absolutely
essential for there to be at least one group within the
community prepared to meet them.
It is ironic that in a Muslim
country* the assembly and association that has been formed
for the purpose of spreading evil and mischief should also
have the right to rule over the country and the association
and party which has been formed for the purpose of
propagating righteousness and virtue should live in
perpetual fear of harassment and of being declared illegal.
Conditions here are the reverse of what has been prescribed
by God. The claim is that we are Muslim and that this is an
Islamic State, but the work that is being done is directed
to spreading evil, to corrupting and morally degrading and
debasing people, while there is active and effective
hindrance on the work being carried out to reform society
and point people to righteousness. Moreover, the lives of
those who are engaged in spreading righteousness and
checking the spread of evil and wickedness are made
intolerable.
Freedom Of Conscience
and Conviction
Islam gives the right to free
doom of conscience and conviction to the citizens of an
Islamic State. The Holy Qur’an has laid down the injunction:
"There should be no coercion in the matter of faith"
(2:256). Although there is no truth or virtue greater than
Islam, and although Muslim are enjoined to invite people to
embrace it and advance arguments in favour of it, they are
not asked to spread this faith by force. Whoever accepts it
does so by his own choice. Muslims welcome such converts to
Islam with open arms and admit them to their community with
equal rights and privileges. But, equally, Muslims have to
recognize and respect the decision of people who do not
accept Islam: no moral, social or political pressures may be
put on them to change their minds.
Protection Of Religious
Sentiments
Along with freedom of
conviction and freedom of conscience, Islam guarantees the
individual that his religious sentiments will be given due
respect and that nothing will be said or done which may
encroach on this right. It is ordained by Allah in the Holy
Qur’an: "Do not abuse those they appear to instead of Allah"
(6:108). These instructions are not limited to idols and
deities ¾ they also apply to the leaders or national heroes
of the people. If a group of people hold certain convictions
and certain persons in an esteem which you feel is not
deserved, then it is not justifiable in Islam for you to use
abusive language to them and thus injure their feelings.
Islam does not prohibit people holding debate and
discussions to be conducted in decency. "Do not argue with
the people of the Book unless it is in the politest manner"
(29:46) says the Qur’an. This order is not limited to the
people of the Scriptures, but applies with equal force to
those following other faiths.
Protection From
Arbitrary Imprisonment
Islam recognizes the right of
the individual not to be arrested or imprisoned for the
offences of others. The Holy Qur’an has laid down this
principle clearly: "No bearer of burdens shall be made to
bear the burden of another" (6:164). Islam believes in
personal responsibility. We ourselves are responsible for
our acts, and their consequences cannot be transferred to
someone else.
It is a matters of great
regret and shame* that we are seeing this just and equitable
principle, which has been framed by the Creator and
Nourisher of the entire universe, being flouted and violated
before our eyes. So much so that if a man is guilty of a
crime or if he is a suspect, he wife is also liable to
arrest. Indeed, things have gone so far that innocent people
are being punished for the crimes of others.
To give a recent example: a
man in Karachi was suspected of being involved in a
bomb-throwing incident. In the course of police
investigations he was subjected to horrible torture to try
to extract a confession from him. When he insisted on his
innocence, the police arrested his mother, his wife,
daughter and sister and brought them to the police station.
They were all striped naked in his presence, and he was
stripped naked before their eyes so that a confession of the
crime could be extracted for him. It appears as if for the
sake of investigation of crime it has become proper and
legal in our country to stripe innocent womenfolk of a
household in order to bring pressure on a suspect.
I would here like to ask what
right such tyrants who perpetrate these crimes against
mankind have to tell us that they are Muslims or that they
are conducting the affairs of the state according to the
teachings of Islam. They are flouting a clear law of the
Holy Qur’an by stripping men and women naked. They disgrace
and humiliate humanity ¾ and then they claim that they are
Muslims.
The Right To The Basic
Necessities Of Life
Islam has recognized the right
of the needy to assistance. "And in their wealth there is
acknowledged right for the needy and the destitute" (51:19).
In this verse, the Qur’an has not only conferred a right to
every man who asks for assistance in the wealth of the
Muslims, but has also laid down that if a Muslim comes to
know that a certain man is without the basic necessities of
life, then, irrespective of whether he asks for assistance
or not, it is his duty to give all the help that he can.
For this purpose Islam does
not depend only on voluntary charity, but has made
compulsory charity, zakat, its third pillar, next
only to the Prophet (blessings of Allah and peace be upon
him) has clearly instructed us that: "It will be taken from
their rich and given to those in the community in need" (Bukhari
and Muslim).
In addition, it has also been
declared that the Islamic State should support those who
have nobody to support them. The Prophet has said: "The Head
of State is the Guardian of him who has nobody to support
him" (Abu Dawood, Tirmidhi). The word wali which is
used by the Prophet has a wide range of meanings. It is the
duty and the responsibility of the state to support and
assist orphans, the old, the unemployed and the sick if they
duty off the state to arrange for his burial. A true Islamic
State is therefore a true welfare state.
Equality Before The Law
Islam gives its citizens the
right to absolute equality in the eyes of the law. As far as
Muslims are concerned, there are clear instructions in the
Holy Qur’an Hadith that in their rights and
obligations they are all equal: "The believers are brothers
(to each other)" (49:10). "If they (disbelieves) repent and
keep up prayer and pay the welfare due they are your
brothers in faith" (9:11). The Prophet has said that: "The
life and blood of Muslims are equally precious" (AbuDawood,
Ibn Maja). In another Hadith he has said: "The
protection given by all Muslims are equal. Even an ordinary
man of them can grant protection to any man" (Bukhari,
Muslim, AbuDawood). In another more detailed Tradition of
the Prophet, it has been said that those accept the Oneness
of Allah, believe in the Prophethood of His Messenger, give
up primitive prejudices and join the Muslim community and
brotherhood, "then they have the same rights and obligations
as other Muslims have" (Bukhari, Nisai). Thus there is
absolute equality between converts to Islam and born
followers of the Faith.
This religious brotherhood and
the uniformity of their rights and obligations is the
foundation of equality in Islamic society. The position of
non-Muslim citizens in an Islamic State has been well
expressed by the Caliph ‘Ali: "They have accepted our
protection only because their lives may be like our lives
and their properties like our properties" (AbuDawood). In
other words, their lives and properties are as sacred as the
lives and properties of Muslims. Discrimination based on
class was one of the greatest crimes that, according to the
Qur’an, Pharaoh used to indulge in: "He had divided his
people into different classes," ... "And he suppressed one
group of them (at the cost of others)" (28:4).
Rulers Are Not Above
The Law
Islam insists and demands that
all officials of an Islamic State, from most senior to most
junior, are equal in the eyes of the law. One of them can
claim immunity from it. The most humble citizen has the
right to file a legal complaint against the highest
executive in the land. The Caliph 'Umar said; "I have myself
seen the Prophet, may Allah's blessings be on him, taking
revenge against himself (penalizing himself for some
shortcoming or failing)." On the occasion of the battle of
Badr, when the Prophet was straightening the rows of the
Muslim army, he hit the stomach of a soldier in an attempt
to push him back in line. the solider complained, "O
Prophet, you have hurt me with your stick." The Prophet
immediately bared his stomach and said, "I am very sorry,
you can revenge by doing the same to me." The soldier came
forward and kissed the abdomen of the Prophet and said that
this was all that he wanted.
A woman belonging to a high
and noble family was arrested in connection with a theft.
The case was brought to the Prophet and it was recommended
that she be spared punishment. The Prophet replied: "The
nations that lived before you were destroyed by Allah
because they punished the common man for their offences and
let their dignitaries go unpunished for their crimes; I
swear by Him (Allah) who holds my life in His hand that even
if Fatima, the daughter of Muhammad, had committed this
crime, then I would have amputated her hand."
During the caliphate of 'Umar,
Muhammad the son of 'Amr bin al-'s, the Governor of Egypt,
whipped an Egyptian. The Egyptian went to Madina and lodged
his complaint with the Caliph, who immediately summoned the
Governor and his son. When they appeared before him the
Caliph handed a whip to the Egyptian plaintiff and asked him
to whip the son of the Governor in his presence. After the
Egyptian had taken his revenge, 'Umar said to him: Give one
stroke of the whip to the Honourable Governor as well. His
son would certainly not have beaten you were it not for the
false pride that he had in his father's high office." The
plaintiff submitted. "The person who had beaten me, I have
already avenged myself on him." 'Umar said: "By Allah, if
you had beaten him (the Governor) I would not have checked
you from doing so. You have spared him of your own free
will." Then he ('Umar) turned to 'Amr bin al-'s, and said
angrily: "O 'Amr, when did you start to enslave the people,
though they were born free of their mothers?"
When the Islamic State was
flourishing in its pristine glory, the common people could
equally lodge complaints against the caliph of the time in
the court and the caliph had to appear before the qadi
to answer the charges. And if the caliph had any
complaint against any citizen, he could not act without
first referring the case to the court of law.
The Right To Avoid Sin
Islam confers the right on
every citizen to refuse to commit a sin or a crime; if any
government or administrator orders an individual to do a
wrong, he may refuse to comply. Not only is his refusal not
an offence, the giving of an order to one's subordinates to
commit a sin or do a wrong is itself an offence and such a
serious one that the officer who gives it, whatever his
rank, is liable to summary dismissal.
These clear instructions of
the Prophet are summarized in the following Hadith:
"It is not permissible to disobey Allah in obedience to the
orders of any human being" (Musnad of Ibn Hanbal). In
other words, no one has the right to order his subordinates
to act against the laws of Allah. No offender may seek to
prove his innocence or escape punishment by saying that the
offence was committed on the orders of a superior. If such a
situation arises, the person who commits the offence and the
person who orders it are equally liable to criminal
proceedings.
The Right to
Participate in the Affairs of State
According to Islam,
governments are representatives (khalifa) of the
Creator of the universe; this responsibility is not
entrusted to any individual or family or to any
particular class or group of people, but to the entire
Muslim community. The Holy Qur’an says: "Allah has
promised to appoint those of you who believe and do good
deeds as (His) representatives on earth" (24:55). This
clearly indicates the khalifa is a collective
gift of Allah in which the right of every individual
Muslim is neither more nor less than the right of any
other person.
The method recommended by
the Holy Qur’an for running the affairs of the state is
as follows: "And their business is (conducted) through
consultation among themselves" (42:38). According to
this principle it is the right of every Muslim either to
have a direct say in the affairs of the state or to have
a representative chosen by him and other Muslims to
participate in the running of the state.
Under no circumstances
does Islam permit an individual or a group or party of
individuals to deprive the common Muslims of their
rights or usurp powers of the state. Nor does Islam
regard it as right and proper for an individual to put
on a false show of setting up a legislative assembly and
by means of such tactics as fraud, persecution, bribery
and so on, get himself and men of his choice elected to
the assembly. This is not only treachery against the
people who rights are illegally usurped, but also
against the Creator who has entrusted Muslims to rule on
earth on His behalf, and has prescribed the procedure of
an assembly for exercising these powers.
The shoora or legislative
assembly should embrace the following principles:
1. The executive head of
the government and the members of the assembly should be
elected by free and independent choice of the people.
2. The people and their
representatives should have the right to criticize and
freely express their opinions.
3. The real conditions of
the country should be bought before the people without
suppression of fact so that they are in a position to
judge whether the government is working properly or not.
4. There should be
adequate guarantee that only those people who have the
support of the masses should rule over he country and
those who fail to win this support should be removed
from their position of authority.
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