by Anne N. Kubai |
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INTRODUCTION
Islam presents itself as a blueprint of social order, as a way of life based on rules and principles that are divinely ordained. It is a comprehensive way of life, which makes no distinction between the sacred and the secular: both spheres form one indivisible realm. All creation is suffused with the ineffable Oneness of God. The inseparability of the sacred and the secular domains is explained in terms of God's dominion, which is absolute. The Quran lays emphasis on the unity of all things. In Islam it is "religion and state" (din wa dawla). The precedence for this was set by the Prophet Muhammad when he founded a religio-political community in Madina and wrote the famous "Constitution of Madina" in which the obligations of the various communities (both of believers and non-believers) resident in Madina were outlined. It is not surprising therefore that, unlike Christianity which renders unto Caesar that which belongs to Caesar, Islam does not separate the two domains of the sacred and the secular, but retains both within its control. It is also necessary to point out that Islam does not have a system of clergy or priesthood and thus all Muslims have a right to speak for Islam provided that they are capable and qualified to give sound opinion on matters of religion.
THE RULER AND THE RULED: THE ISLAMIC IDEAL
All Muslims are in agreement that the profession of faith: "there is no god but Allah and Muhammad is his Messenger" is a pillar of faith and it is not susceptible to differing interpretations. With regard to other ideals and principles, Muslims refer to the Quran and the Hadith (Sunnah of the prophet). Obedience to those in position of authority is enjoined upon Muslims. The Quran commands the believers to obey God and those who hold authority (Q.4:59). The commentary on this verse emphasizes that ultimate authority rests with God. Men of God derive their authority from Him. As Islam makes no sharp distinction between matters sacred and secular, it expects an ordinary government to be imbued with righteousness and stand in the place of the righteous Imam. The citizens are required to obey such authority. In a
situation where there is a sharp division between law and morality, between religious and secular affairs(as is the case in most countries(Islam nevertheless expects secular authority to be exercised in righteousness and on that condition enjoins obedience to such authority.
The Hadith are more elaborate:
Obey your rulers whatever happens. If their command accord with the revelation ... they will be rewarded for it, and you will be rewarded for obeying them ....
Obedience is the duty of the Muslim man, whether he like it or not, as long as he is not ordered to commit a sin.
Hear and obey even if a shaggy-headed black slave is appointed over you.
Not only the duties and obligations of the ruled are spelt out, but also the duties and obligations of the rulers:
Beware of command by caprice and punishment in anger.
Let all men, near or far, be equal before you.
Thus the bad shepherd is answerable for what is lost through his fault. The duty of the ruler is to uphold law and the unity of the Muslim community. However, Islam is emphatic that final obedience should be to God alone and the rulers of the world should exercise their authority and right to rule under God and in accordance with the law. If a difference of opinion arises, the Quran advises Muslims to seek God's guidance and rely on the example of the prophet (Q.4:59).
God in His benevolence and mercy has appointed leaders as deputies (khalifa) on this earth. Those in positions of power should commit no excesses: they are required to enforce the penalties for offenses as provided for in the Muslim law (shariah). Shariah is an Arabic word which means the path to be followed. Literally, it means "the way to a watering place." Shariah is rooted in the divine injunctions of the Quran and the precepts of the prophet Muhammad. Behind every Muslim institution, social, political and economic, is a divine sanction. There are also limits within which Muslims must order their lives. These are expressed in terms of the twin epithets of the "lawful" (halal) and the "unlawful" (haram). These two concepts serve as safeguards of the rights of both the individual believer and the community: they regulate human relationships. This is the Islamic scheme of things where religious matters takes preference over individual concerns and the interests of the society override those of the individual. That is why fornication, adultery, prostitution and homosexuality are not merely personal sins but also very serious crimes which assail the foundations of the whole society. Hence they carry extremely grave penalties.
When aberrations from the natural disposition occur, the society must apply some form of restraint since a crime is an act against social order. Therefore punishment is a means, not only of ensuring conformity to the laid down rules and regulations, but also of protecting and strengthening the society. There should be no excesses when meting out punishment, which ideally should serve as a deterrent to those who overstep the boundaries of that which is deemed to be good and just. Life may be taken by the state only after the due process of law for capital crimes has been followed.
Punishments, such as the execution of those who commit premeditated murder, cutting off the fingers of a hand of a habitual thief (except when theft occurs due to poverty), the stoning of a person who has committed adultery (only after guilt has been established by four eye-witnesses, or by self confession) or the public lashing of drinkers and fornicators may seem harsh to non-Muslims. The Islamic view, however, is that these constitute serious criminal offences against morality and social order and therefore they should not be tolerated. The argument that these penalties are cruel is countered by the Islamic view that by violating an innocent person, the perpetrator of the crime forfeits the right to be treated indulgently by society. Failure to administer adequate punishment to violators of the moral code is seen as the ultimate injustice to the society. It is important to note that "criminal" in the Islamic scheme, the wrong doer, is either one who usurps rights (zalim), a transgressor (fasiq) or an idolater (mushrik).
LIMITS OF POWER
At the core of the Muslim religious experience is God (Allah), the Creator, Sustainer and Sovereign of all creation. Islam means submission to the will of God and being in witness (shahada). According to Piscatori, several political ideas emanate from this witness: that while all humankind constitutes one spiritual community, there is also a temporal community of believers; that God does not directly govern the community of believers, but that the government of the community is based on the divinely revealed law; that government orders and legislation should not in the least contradict the shariah; that obedience to those in authority is a bounden duty for believers; and, finally, that the actions of those in position of political power should be judged by the standards of the shariah. These ideas define the Islamic political field.1
However, it should be pointed out here that in strict jurist theory, the only legitimate political power in Islam is that of the Caliphate, as provided for by the divine law. According to the Quran, in submitting to the supreme authority of God, the individual becomes God's trustee, khalifa, on earth (Q.2:30). This trusteeship confers both responsibility and obligation for the whole universe. Khalifa in the Quranic sense is the concept which enables Muslims to control the world as a trust. God has delegated powers to Muslims and they are required to exercise these powers within the limits set in the divine law. The principal is that the real power is vested with God (Q.3:26) and thus obedience to those in power is obligated upon Muslims as long as they are not ordered to commit a sin. Authority is given by God to a leader and therefore no human being has the authority to prohibit that which God and the Prophet have not forbidden.
Every aspect of life at both the individual and community level is informed by the two basic concepts of the Lordship and Sovereignty of God and of human beings' responsibility to Him. The Quran encapsulates the fundamental ethical institutions of religious life. At the same time, it also urges and inspires the believers to an ethic of action. It is a moral responsibility for Muslims to strive for what is good and just. After all, it is an obligation to enjoin good and forbid evil (Q.3:104). The concept of accountability before God is the force that informs the moral law of Islam.
THE NOTION OF JUSTICE
In the process of exercising political power, justice must be done equally to all and sundry. There should be no differentiation between the rich and the poor. The central notion of justice in shariah is based on mutual respect of one human being by another; therefore, the just society in Islam is one that maintains respect for persons through the various social institutions which are put in place for the common good. According to Islamic law, judicial power must always operate in conformity with the principle of equity.
Guided by the word of God and the precepts (sunnah) of the Prophet, Muslims have a mission to create a moral social order (Q.3:110). In Islamic law, government regulations and the activities of those who are charged with the responsibility of monitoring public behaviour, are all justified as expressions of this moral mission to command good and forbid evil. A socially just society is envisioned by the Quran. While recognizing the differences in social status, wealth and even tribal origin, the Quran teaches ultimate supra tribal unity and equality of all believers before God. The Quran envisions a society based on the unity and equality of all believers, a society in which moral and social justice will counterbalance all forms of oppression and exploitation (Q.4:10). Contracts which are not viable, bribery, violence against women, hoarding of wealth to the exclusion of its subordination to better ends and usury are denounced. It should be noted that shariah gives priority to human welfare over human liberty. Muslims must not exploit common resources (including natural resources) to their own advantage. Similarly, every member of the society has an equal right to life and to a decent level of living. Respect for property and possessions of others, respect for honor, reputation and privacy of others is required of Muslims.
The Quran demands that Muslims pursue a path of social justice, rooted in the recognition that the earth belongs ultimately to God and that human beings are caretaker or trustees. While wealth is seen as good and a sign of hard work and of God's pleasure, its pursuit and accumulation are limited by God's law. Its rewards are subject to social responsibility toward other members of the community, in particular the poor and the needy (Q.9:60). Social justice is institutionalized by Quranic injunctions which make it obligatory for Muslims to pay voluntarily the poor due (zakat), to observe stipulations of fixed shares of inheritance for women and children, and a host of regulations regarding the treatment of debtors, widows (Q.90:13) and slaves (Q.24:33).
At an individual level, one must be just and fair, even at the expense one's own self or one's family. Injustice and unfairness are condemned; tyranny by rulers towards God's creatures is prohibited. However, it important to note that, while revenge is a willful transgression of justice and a defiance of authority, equal retaliation constitutes justice.
CONCLUSION
The ideal situation for Muslims is to live in an Islamic state where Islamic ideals of rule and the divine law (shariah) prevail. However, Muslims are obliged to obey the laws of any country of which they are citizens or which gives them protection. They need not heed decrees (fatwa) if they live outside the jurisdiction of an issuing religious authority. What is required is the equal integrity of every person in society as well as loyalty to the country in which one lives. Conversely, it is the duty of society to provide a conducive environment for people's pursuit of happiness. The individual has freedom and authority to exercise responsibility within the framework of the Muslim community, a community which is supposed to be beyond race and nation.
In Islam, the issue is not whether religion should inform the socio-economic and political life of the people, but at what stage and how. Throughout this century, the world has experienced an Islamic revival which is not a revival of religious beliefs but an assertion of the relevance of these beliefs to politics. The thrust of this revival has not been conversion of non-Muslim peoples or reform of old practices, but rather to impress upon the world that Islamic values should define the identity of Muslim people. The revival is not a re-interpretation of the Quran and Hadith, which are the foundations of the faith, but an assertion that these two can determine the course of the political, and in a broader sense, the social life of Muslims. The central concern of the revival is the state: how can Muslims resist what is seen as the alien and the oppressive power of the modern state.
The 20th century Islamic revival has manifested itself in a variety of ways in many parts of the world: Islamic popular revolt may occur in an "Islamic" country and challenge a secular state for political power; alternatively, Islam may be used by a state to legitimize and consolidate its power. In such a case, Islamic identity is invoked and Islam is used as a more pivotal part of the state's authority and power. There is a wide range of political options which use Islam for legitimisation. Islamic politics are dependent, to a large extent, on the pre-existing social context.
Islamic traditions and texts have been variously used to address contemporary political concerns. Islam, like all other great religions, is a reservoir of values, symbols and ideas based on the Holy Quran and the Sunnah (traditions) of the Prophet. In response to the needs of contemporary Muslim people, it is possible to derive a social code from them. Such needs include the desire to challenge or retain certain structures of state power, to mobilize oppressed peoples for political action, and to carry out socio-political reform.
1. J. Piscatori. Islam in a world of nation-states. Cambridge: Cambridge University Press, 1988.
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