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The political system of Islam is based
on the three principles of towhid (Oneness of Allah),
risala (Prophet hood) and Khilifa(Caliphate).
Towhid means that one Allah
alone is the Creator, Sustainer and Master of the universe and of
all that exists in it - organic or inorganic. He alone has the right
to command or forbid. Worship and obedience are due to Him alone. No
aspect of life in all its multifarious forms ¾ our own organs and
faculties, the apparent control which we have over physical objects
or the objects themselves ¾ has been created or a acquired by us in
our own right. They are the bountiful provisions of Allah and have
been bestowed on us by Him alone.
Hence, it is not for us to decide the
aim and purpose of our existence or to set the limits of our worldly
authority; nor does anyone else have the right to make these
decisions for us. This right rests only with Allah. This principle
of the Oneness of Allah makes meaningless the concept of the legal
and political sovereignty of human beings. No individual, family,
class or race can set themselves above Allah. Allah alone is the
Ruler and His commandments constitute the law of Islam.
Risala is the medium through
which we receive the law of Allah. We have received two things from
this source: the Qur’an, the book in which Allah has expounded His
law, and the authoritative interpretation and exemplification of
that Book by the Prophet Muhammad (blessings of Allah and peace be
upon him), through word and deed, in his capacity as the
representative of Allah. The Qur’an laid down the broad principles
on which human life should be based and the Prophet of Allah, in
accordance with these principles, established a model system of
Islamic life. The combination of these two elements is called the
shari’a (law).
Khilifa means "representation".
Man, according to Islam, is the representative of Allah on earth,
His vice-gerent; that is to say, by virtue of the powers delegated
to him by Allah, and within the limits prescribed, he is required to
exercise Divine authority.
To illustrate what this means, let us
take the case of an estate of yours which someone else has been
appointed to administer on your behalf. Four conditions invariably
obtain: First, the real ownership of the estate remains vested in
you and not in the administrator; secondly, he administers your
property directly in accordance with your instructions; thirdly, he
exercises his authority within the limits prescribed by you; and
fourthly, in the administration of the trust he executes your will
and fulfils your intentions and not his own. Any representative who
does not fulfill these four conditions will be abusing his authority
and breaking the covenant which was implied in the concept of
"representation".
This is exactly what Islam means when
it affirms that man is the representative (khalifa) of Allah
on earth. Hence, these four conditions are also involved in the
concept of Khalifa. The state that is established in
accordance with this political theory will in fact be a caliphate
under the sovereignty of Allah.

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Democracy in Islam
The above explanation of the term
Khilafa also makes it clear that no individual or dynasty or
class can be Khalifa: the authority of Khilafa is
bestowed on the whole of any community which is ready to fulfill the
conditions of representation after subscribing to the principles of
towhid and Risala. Such a society carries the
responsibility of the Khilafa as a whole and each one of its
individuals shares in it.
This is the point where democracy
begins in Islam. Every individual in an Islamic society enjoys the
rights and powers of the caliphate of Allah and in this respect all
individuals are equal. No-one may deprive anyone else of his rights
and powers. The agency for running the affairs of the state will be
formed by agreement with these individuals, and the authority of the
state will only be an extension of the powers of the individuals
delegated to it. Their opinion will be decisive in the formation of
the government, which will be run with their advice and in
accordance with their wishes.
Whoever gains their confidence will
undertake the duties and obligations of the caliphate on their
behalf; and when he loses this confidence he will have to step down.
In this respect the political system of Islam is as perfect a dorm
of democracy as there can be.
What distinguishes Islamic democracy
from Western democracy, therefore, is that the latter is based on
the concept of popular sovereignty, while the former rests on the
principle of popular Khilafa. In Western democracy, the
people are sovereign; in Islam sovereignty is vested in Allah and
the people are His caliphs or representatives. In the former the
people make their own; in the latter they have to follow and obey
the laws (shari’a) given by Allah through His Prophet. In one
the government undertakes to fulfill the will of the people; in the
other the government and the people have to fulfill the will of
Allah.

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The Purpose of the Islamic State
We are now in a position to examine
more closely the type of state which is built on the foundations of
tawhid, Risala and Khilafa.
The Holy Qur’an clearly states that
the aim and purpose of this state is the establishment, maintenance
and development of those virtues which the Creator wishes human life
to be enriched by and the prevention and eradication of those evils
in human life which He finds abhorrent. The Islamic state is
intended neither solely as an instrument of political administration
nor for the fulfillment 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.
This ideal is that the qualities of
purity, beauty, goodness, virtue, success and prosperity which Allah
wants to flourish in the life of His people should be engendered and
developed and that all kinds of exploitation, injustice and disorder
which, in the sight of Allah, are ruinous for the world and
detrimental to the life of His creatures, should be suppressed and
prevented. Islam gives us a clear outline of its moral system by
stating positively the desired virtues and the undesired evils.
Keeping this outline in view, the Islamic state can plan its welfare
programmed in every age and in any environment.
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 as an unalterable policy that
the state should base its policies 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 the relations of the state with other
states, precedence must always be given to truth, honesty and
justice.
Islam imposes similar obligations on
the state and the individual: to fulfill all contracts and
obligations; to have uniform standards in dealings; to remember
obligations along with rights and not to forget the rights of others
when expecting them to fulfill their obligations; to use power and
authority for the establishment of justice and not for the
perpetration of injustice; to look upon duty as a sacred obligation
and to fulfill it scrupulously; 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 life Hereafter.

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Fundamental Rights
Although an Islamic state may be set
up anywhere on earth, Islam does not seek to restrict human rights
or privileges to the boundaries of such a state. Islam has laid down
universal fundamental rights for humanity which are to be observed
and respected in all circumstances. For example, human blood is
sacred and may not be spilled without strong justification; it is
not permissible to oppress women, children, old people, the sick or
the wounded; women's honor and chastity must be respected; the
hungry must be fed, the naked clothed and the wounded or diseased
treated medically irrespective of whether they belong to the Islamic
community or are from amongst its enemies. These, and other
provisions have been laid down by Islam as fundamental rights for
every man by virtue of his status as a human being.
Nor, in Islam, are the rights of
citizenship confined to people born in a particular state. A Muslim
ipso facto becomes the citizen of an Islamic state as soon as
he sets food on its territory with the intention of living there and
thus enjoys equal rights along with those who acquire its
citizenship by birth. And every Muslim is to be regarded as eligible
for positions of the highest responsibility in an Islamic state
without distinction of race, color or class.
Islam has also laid down certain
rights for non-Muslims who may be living within the boundaries of an
Islamic state and these rights necessarily form part of the Islamic
constitution. In Islamic terminology, such non-Muslims are called
dhimmis (the covenanted), implying that the Islamic state has
entered into a covenant with them and guaranteed their protection.
The life, property and honor of a dhimmis is to be respected
and protected in exactly the same way as that of a Muslim citizen.
Nor is there difference between a Muslim and a non-Muslim citizen in
respect of civil or criminal law.
The Islamic state may not interfere
with the personal rights of non-Muslims, who have full freedom of
conscience and belief and are at liberty to perform their religious
rites and ceremonies in their own way. Not only may they propagate
their religion, they are even entitled to criticize Islam within the
limits laid down by law and decency.
These rights are irrevocable.
Non-Muslims cannot be deprived of them unless they renounce the
covenant which grants them citizenship. However much a non-Muslim
state may oppress its Muslim citizens it is not permissible for an
Islamic state to retaliate against its non-Muslim subjects; even if
all the Muslims outside the boundaries of an Islamic state are
massacred, that state may not unjustly shed the blood of a single
non-Muslim citizen living within its boundaries.

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Executive and Legislature
The responsibility for the
administration of the government in an Islamic state is entrusted to
an amir (leader) who may be compared to the president or the
prime minister in a Western democratic state. All adult men and
women who subscribe to the fundamentals of the constitution are
entitled to vote for the election of the amir.
The basic qualifications for an
amir are that he should command the confidence of the majority
in respect of his knowledge and grasp of the spirit of Islam, that
he should possess the Islamic quality of fear of Allah and that he
should be endowed with qualities of statesmanship. In short, he
should have both virtue and ability.
A shoora(advisory council) is
also elected by the people to assist and guide the amir. It
is incumbent on the amir to administer his country with the
advice of this shooraThe amir may retain office only
so long as he enjoys the confidence of the people and must
relinquish it when he loses that confidence. Every citizen has the
right to criticize the amir and his government and all
reasonable means for the ventilation of public opinion must be
available.
Legislation in an Islamic state is to
be carried out within the limits prescribed by the law of the
shari’a. The injunctions of Allah and His Prophet are to be
accepted and obeyed and no legislative body may alter or modify them
or make any law contrary to them. Those commandments which are
liable to two or more interpretations are referred to a
sub-committee of the advisory council comprising men learned in
Islamic law. Great scope remains for legislation on questions not
covered by specific injunctions of the shari’a and the
advisory council or legislature is free to legislate in regard to
these matters.
In Islam the judiciary is not places
under the control of the executive. It derives its authority
directly from the shari’a and is answerable to Allah. The
judges are appointed by the government but once a judge occupies the
bench he has to administer justice impartially according to the law
of Allah; the organs and functionaries of the government are not
outside his legal jurisdiction, so that even the highest executive
authority of the government is liable to be called upon to appear in
a court of law as a plaintiff or defendant. Rulers and ruled are
subject to the same law and there can be no discrimination on the
basis of position, power or privilege, Islam stands for equality and
scrupulously adheres to this principle in social, economic and
political realms alike.

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Human Rights : The West
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The Western Approach
People in the West have the habit of
attributing every beneficial development in the world to themselves.
For example, it is vociferously claimed that the world first derived
the concept of basic human rights from the Magna Carta of
Britain - which was drawn up six hundred years after the advent of
Islam. But the truth is that until the seventeenth century of no-one
dreamt of arguing that the Magna Carta contained the
principles of trial by jury, Habeas Corpus and control by
Parliament of the right of taxation. If the people who drafted the
Magna Carta were living today they would be greatly surprised
to be told that their document enshrined these ideals and
principles.
To the best of my knowledge, the West
had no concept of human and civic rights before the seventeenth
century; and it was not until the end of the eighteenth century that
the concept took on practical meaning in the constitutions of
America and France.
After this, although there appeared
references to basic human rights in the constitutions of many
countries, more often than not these rights existed only on paper.
In the middle of the present century, the United Nations, which may
now be more aptly described as the Divided Nations, made a
Declaration of Universal Human Rights, and passed a resolution
condemning genocide; regulations were framed to prevent it. But
there is not a single resolution or regulation of the United Nations
which can be enforced if the country concerned wants to prevent it.
They are just expressions of pious hopes. They have no sanctions
behind them, no force, physical or moral, to enforce them. Despite
all the high-sounding resolutions of the United Nations, human
rights continue to be violated and trampled upon.

The Islamic Approach
When we speak of human rights in
Islam we mean those rights granted by Allah. Rights granted by
kings or legislative assemblies can be withdrawn as easily as
they are conferred; but no individual and no institution has the
authority to withdraw the rights conferred by Allah.
The charter and the proclamations
and the resolutions of the United Nations cannot be compared
with the rights sanctioned by Allah; the former are not
obligatory on anybody, while the latter are an integral part of
the Islamic faith. All Muslims and all administrators who claim
to be Muslim have to accept, recognize and enforce them. If they
failed to enforce them or violate them while paying lip-service
to them, the verdict of the Holy Qur’an is unequivocal:
"Those who do not judge by
what Allah has sent down are the disbelievers (Kafirun)."
(5:44)
The following verse also
proclaims:
"They are the wrong-doers (zalimoon)".
(5:45)
A third verse in the same chapter
says:
"They are the perverse and
law-breakers (fasiqoon)." (5:47)
In other words, if temporal
authorities regard their own words and decisions as right and
those given by Allah as wrong, they are disbelievers. If, on the
other hand, they regard Allah's commands as right but
deliberately reject them in favour of their owns decisions, then
they are wrong-doers. Law-breakers are those who disregard the
bond of allegiance.
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