We continue with our definition of Islam referencing a radio talk given by
Abul Ala Mawdudi in Pakistan in 1948  entitled Islamic way of life.

The last segment, part 4, dealt with the fact that the Shariah is the law
established by Allah (SWT) for mankind, and that it is good in all places and  at
all times because it is not subject to the whims of man, and that this law is
the law that should govern the lives and activities of those who have
submitted themselves to the will of Allah (SWT) as Muslims.
Indeed, the Prophet (SAS) has relayed that unless the Muslim Ummah organizes
themselves under one Khalifate and sets up the Shariah as their law, their
affairs will never be in order.

We continue with Mawdudi:

ESSENTIAL FEATURES OF ISLAMIC POLITICAL SYSTEM

The political system of Islam has been based on three principles, viz.:
a)  Tawheed (Oneness of God),
b)  Risalat (Prophethood) and
c)   Khilafat (Caliphate)

It is difficult to appreciate the different aspects of the Islamic policy
without fully understanding these three principles. I will therefore, begin with
a brief exposition of them.

Tawheed (Oneness) means that one God alone is the Creator, Sustainer and
Master of this universe and all that exists in it, organic or inorganic. The
sovereignty of this kingdom rests only in Him. He alone has the right to command or
forbid. Worship and obedience are due to Him alone, none else sharing it in
any degree or form. Life, in all it's multifarious forms, our physical organs
and faculties, the apparent control which we have over everything that exists
in this universe, and the things themselves, none of them has been created or
acquired by us in our own right. They are the bountiful provisions of God and
in bestowing them upon us, no one is associated with Him. Hence, it is neither
for us to decide the aim and purpose of our existence or to prescribe the
limits in our worldly authority, nor is anyone else entitled to make these
decisions for us. This right vests only in God Who has created us, endowed us with
mental and physical faculties, and provided all material provisions for our use.
This principle of the Oneness of God altogether negates the concept of the
legal and political sovereignty of human beings, individually or collectively.
Nothing can claim sovereignty, be it a human being, a family, a class or group
of people, or even the human race in the world as a whole. God alone is the
Sovereign and His Commandments are the Law of Islam.

The medium through which we receive the Law of God is known as
"Risalat" (Prophethood). We have received two things from this source:

(a) The Book in which God has expounded his Law; and
(b) The authoritative interpretation and exemplification of the Book of God
by the Prophet, through his word and deed, in his capacity as the last
messenger of God.

The broad principles on which the system of human life should be based have
been stated in the Book of God. Further, the Prophet of God has, in accordance
with the intention of the Divine Book, set up for us a  model of the system of
life in Islam by practically implementing the law and providing necessary
details where required. The combination of these two elements, according to
Islamic terminology, is called the "Shari'ah"
There is a specific purpose for man's existence. This purpose is achieved
when man fulfills his function and is missed when man fails to live up to his
designated role. In this case, his life will be barren and devoid of any original
meaning. Total loss and perdition await everyone who fails to respond to
Allah's call.

This special role relating man to his Creator is subservience to Allah  and
Worship of Him. All aspects of man's life are based on this consideration..
Thus, the meaning of worship must be extended to go beyond the mere rituals into
all activities since Allah does not only call upon us to perform rituals, but
His injunctions regulate all aspects of life. The Qur'an develops this theme:

                         "Behold, thy Lord said to the angels:
                          'I will create a vicegerant on earth'"
                                                     (Qur'an, 2:30)

It is this Khalifat on earth which encompasses the range of activities of
this human being. It consists in settlement on earth, exploration of it's
resources and energies, fulfillment of Allah's purpose of making full use of it's
resources and developing life on it. In brief, this task requires the
implementation of Allah's way which is in harmony with the Divine Law governing the whole
universe.
    Thus, it becomes clear that the meaning of worship, which is the very
purpose of man's existence and his primary function, is much more comprehensive
than mere rituals. The role of Khalifat is definitely an integral part of the
meaning of worship. The truth about worship comes out in two essential points,
namely:

1)There should be a feeling of absolute certainty and conviction about the
meaning of worship of Allah in one's heart; a feeling that the only possible
relationship which holds is one of creator and the created and nothing but that.
2)  It is imperative to turn to Allah dedicating to Him every stir of one's
conscience, every fluttering of the senses, every movement of life. This
dedication should be channeled solely to Him and nobody else. No other feeling
should have any room left, except in so far as it is construed as part of the
meaning of worship of Allah. In this way, the meaning of worship is fulfilled.
Thus, work becomes one with rituals; rituals one with settlement on earth;
settlement on earth like strive for Allah's cause; strive in the way of Allah like
patience in bearing calamities contentedly in the knowledge that they are part
of Allah's plan; all these are instances of worship of Allah.

With this healthy frame of mind, based on the right understanding of man's
role in this universe, man becomes ready to implement Allah's teaching, as
communicated through the message of Prophet Mohammed (peace be upon him).
This is exactly what Islam means when it lays down that man is Khalifah
(servant) of God on the earth. The state that is established in accordance with
this political theory will have to fulfill the purpose and intent of God by
working on God's earth within the limits prescribed by Him and in conformity with
His instructions and injunctions.

PURPOSE OF THE ISLAMIC STATE

I shall now place before you a brief outline of the type of state which is
built on the foundation of Tawheed (the Oneness of God), "Risalat" (the
Prophethood of Muhammed) and "Khalifat" ( the Khaliphate).
    The holy Qur'an clearly states that the aim and purpose of this state is
the establishment, maintenance and development of those virtues with which the
Creator of this universe wishes the human life to be adorned and the
prevention and eradication of those evils; the presence of which in human life is
utterly abhorrent to God. The state in Islam is not intended for political
administration only nor for the fulfillment through it 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 it's disposal. And
this purpose is that the qualities of purity, beauty, goodness, virtue, success
and prosperity which God wants to flourish in the life of His people should
be engendered and evolved and that all kinds of exploitation, injustice and
disorder which, in the view of God, are ruinous for the world and detrimental to
the life of His creatures are suppressed and prevented.
Simultaneously, by placing before us this high ideal, Islam gives us a clear
outline of it's moral system clearly stating the desired virtues and the
undesirable evils. Keeping this outline in view, the Islamic state can plan its'
welfare programme in every age and in any environment.
The persistent demand made by Islam is that the principles of morality must
be observed at all cost and in all walks of life.. Hence, it lays down an
unalterable policy for the state to base it's politics on justice, truth and
honesty. It is not prepared under any circumstance whatsoever, to tolerate fraud,
falsehood and injustice for the sake of any political, administrative or
national expediency. Whether it be the mutual relations of the rulers and the ruled
within the state, or the relation of the state with other states, precedence
must always be given to truth, honesty and justice over material consideration..
It imposes similar obligations on the state as on the individual, viz., to
fulfill all contracts and obligations, to have uniform measures and standards
for dealings; to remember duties along with the  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 God and to use it with the belief
that one has to render account of one's actions to Him in the Hereafter.

FUNDAMENTAL RIGHTS

Although an Islamic state may be set up in any portion of the earth, Islam
does not seek to restrict human rights or privileges to the geographical limits
of its' own state. Islam has laid down some universal fundamental rights for
humanity as a whole, which are to be observed and respected under all
circumstances whether such a person is resident within the territory of the Islamic
state or outside it, whether he is at peace with the state or at war. Human blood
is sacred in any case and cannot be spilled without justification. It is not
permissible to oppress women, children, old people, sick persons or the
wounded. Woman's honour and chastity are worthy of respect under all circumstances.
The hungry person must be fed, the naked clothed, the wounded treated
medically irrespective of whether they belong to the Islamic community or not or even
if they are from amongst it's enemies.

These and a few other provisions have been laid down by Islam as fundamental
rights for every man by virtue of his status as a human being, to be enjoyed
under the constitution of an Islamic state. Even the rights of citizenship in
Islam are not confined to persons born within the limits of it's state but are
granted to every Muslim irrespective of his place of birth. A Muslim ipso
facto becomes the citizen of an Islamic state as soon as he sets his foot on it's
territory with the intent to live therein and thus enjoys equal rights of
citizenship along with those who acquire citizenship by birthright. Citizenship
has therefore, to be common among all the Islamic states that may exist in the
world and a Muslim will not need any passport for entry in or exit from any of
them. And every Muslim is to be regarded as eligible and fit for all positions
of the highest responsibility in an Islamic state without any discussion of
race, colour or class*

(* Some of the points referred to here are to materialize when the Islamic
state has attained it's final form)

Islam has also laid down certain rights for the non-Muslims who may be living
within the boundaries of an Islamic state and these rights must necessarily
form part of the Islamic Constitution.

According to the Islamic terminology, such non-Muslims are Dhimmees (the
covenant) implying that the Islamic state has entered into a covenant with them
and guaranteed their protection. Their life and  property are protected exactly
like that of a Muslim citizen. There is no difference at all between a Muslim
and Dhimmee in respect of civil or criminal law. The Islamic state shall not
interfere with the personal law of the Dhimmee. They will have full freedom of
conscience and belief.

EXECUTIVE AND LEGISLATIVE

The responsibility for the administration of the government in an Islamic
state is entrusted to an Amir ( leader or chief) who may be likened to the
President or Prime Minister in the conventional democratic state.
The basic qualifications for the election of an Amir are that he should
command the confidence of the AHLUL HAL WAL'AQD (The Constitutional body)
They are recruited from among the scholars (of Islam), leaders, and notables
who effectively have the duty to carry out this task of appointing the ruler.
In this, they do not act on their own personal preferences, but on behalf of
the whole nation, being as they are, its' representatives. Three conditions
must be met for eligibility to membership of this body, namely:

1)  Moral credit ( piety and moral standards)
2)  To be well versed in religion so as to be in a position to decide upon
who  deserves the position of Amir.
3)  Good and sound judgment leading to a sharp perception of who is most
suitable for the role of Amir.

The Amir can retain office only so long as he observes Allah's Shari'ah laws,
being himself the primary exempler of it both in his dealings and conduct,
honouring his commitments and being true to his trust; in brief, he should
conform to  the conditions originally stipulated upon his holding office and will
have to vacate his office when he loses this confidence. But as long as he
retains such confidence, he will have the authority to govern and exercise the
powers of the government, of course, in consultation with the Shura ( the
advisory council) and within the limits set by the Shari'ah. Every citizen will have
the right to criticize the Amir should he deviate from the straight path, fail
to honour the trust laid in him, transgress and tyrannize over people, change
his conduct for the worst, freeze the implementation of Allah's penal code,
or flout Allah's regulations in any way. If he fails to live up to one of the
conditions stipulated for his eligibility to that office, the nation has the
right     to over-rule his judgment either by correcting him or deposing him.

Legislation in an Islamic state will be restricted within the limits
prescribed by the law of the Shari'ah. The injunctions of God and His Prophet are to
be accepted and obeyed and no legislative body can make any alterations or
modifications in them or make any law repugnant to them. As for the commandments
which are liable to two or more interpretations,, the duty of ascertaining the
real intent of the Shari'ah is such cases will devolve on people possessing a
specialized knowledge of the law of Shari'ah.
Hence, such affairs will have to be referred to a sub-committee of the
advisiry council comprising men learned in Islamic Law. A vast field will still be
available for legislation on questions not covered by any specific injunctions
of the Shari'ah  and the advisory council or legislature will be free to
legislate in regard to these matters.

In Islam, the judiciary is not placed under the control of the executive. It
derives it's authority directly from the Shari'ah and is answerable to God.
The judges no doubt can be appointed by the Government but once a judge has
occupied the bench, he will have to administer justice among the people according
to the law of God in an impartial manner.
The organs and functionaries of the Government will not be outside his legal
jurisdiction so much 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 like any other citizen of the state. Rulers and the 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 sticks to
this principle in social, economic and political realms alike."

Inshallah, next week, we will move into the area of Islamic social order.

Oh Allah (SWT), May we and our offspring and all those who seek your guidance
be among those on whom you bestow your gift of Imaan (faith), and may you
guide us on the Siratul Mustaheem.(the straight path) Ameen.

Jabou Joh

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