Concept of Islamic Sate

CONCEPT OF ISLAMIC SATE & ITS DUTIES
Amna Iqbal
Amna Iqbal
Pakistan College of Law
CONCEPT OF ISLAMIC SATE & ITS DUTIES

INTRODUCTION:
 Significance is given to Quran & sunnah

 Purely a human state based on balanced system of selection between individual, society
and government
 Khilafat & shura is main pillars
 Different from secular state
 Allah Almighty is the ultimate authority & law giver
SINGLE STATE & MULTIPLE STATE:
 Islamic state existed under a single khalifah under for a long time
 Later on sultans & amirs assumed power
 Most jurists & philophers upheld the idea of single state known as ‘khalifa’
 Khalipha is the representative of Holy Prophet(PBUH), first four khalipha has legitimate
authority to rule
 Sultans started to rule under khilafat & then acts were given more validity
CONCEPT OF STATE & KHILAFAT:

Most of the jurists and philosophers upheld the idea of a single state known as the Khilafah
under the leadership of Khalifah. The Islamic state existed under a single Khalifah for a long
time. Later in some areas sultans or amirs started assuming power in different regions within
the caliphate, and more than one Muslim state had come into existence now question is what is
the status of those states in relation with Khilafat.
(I) View of Al-Mawardi

Most Mawardi defines caliphate are the institution replacing property in the defence of the
faith and the administration of the world. It is demanded by the Shariah, not by reason.”
(II) View of Al-Ghazali

The view of Al-Ghazali is, while the practical affairs of the state are to be left to the sultan or
Amir Khalifah should devote himself to religious and spiritual functions.
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(III) View of Ibn-Taymiyah

He declared that period of the Prophet could not be described as anything but nubuwwah. The
Prophet’s authority arose from his functions as a prophet and not the head of the state.
Then he proceeded to separate the period of the first four caliphs from that of the umayyads,
calling the former as Khilafat al Nabuwwah and the latter as Mulk. The Khilafat-al-Nabuwwah
being inspired could not be passed on in succession or even imitated. The only thing that could
be passed on was the principle of the supremacy of the Shariah. By doing this he provides that
legal foundation for a multiplicity of states.
THE ESSENCE OF ISLAMIC STATE:
The essence or guiding principles of an Islamic government or Islamic state, is the concept of Al-
Shura. Different scholars have different understandings or thoughts, with regard to the concept
al-Shura. However, most Muslim scholars are of the opinion that Islamic al-Shura should consist
of:
1- Meeting or consultation, that follows the teachings of Islam.

2- Consultation following the guidelines of the Quran and Sunnah.
3- There is a leader elected among them to head the meeting
4- The discussion should be based on mushawarah and mudhakarah.
5- All members are given fair opportunity to voice out their opinions.
6- The issue should be of maslahah ammah or public interest.
7- The voices of the majority are accepted, provided it does not violate the teachings of
the Quran or Sunnah.
Muhammad himself respected the decision of the shura members. He is the champion of the
notion of al-Shura, and this was illustrated in one of the many historical events, such as in the
Battle of Khandaq (Battle of the Trench), where Muhammad was faced with two decisions, i.e.
to fight the invading non-Muslim Arab armies outside of Medina or wait until they enter the
city. After consultation with the sahabah (companions), it was suggested by Salman al-Farsi
that it would be better if the Muslims fought the non-Muslim Arabs within Medina by building a
big ditch on the northern periphery of Medina to prevent the enemies from entering Medina.
This idea was later supported by the majority of the sahabah, and thereafter Muhammad also
approved it.
The reason why Muhammad placed great emphasis on the agreement of the decision of the
shura was because the majority of opinion (by the sahabah) is better than the decision made by
one individual.
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DUTIES OF THE RULER IN AN ISLAMIC STATE:
i- Establish supremacy of shariah

ii- Safety & welfare of all human beings
iii- Provide all means of subsistence & shelter
iv- State must establish conditions for a sound family system in accordance with the
dictates of shariah
v- Ensure economic well being of the people
vi- Provide freedom of religion, formation of family, education & well being
vii- Enforcements of policies promoting Amar bil maruf wa nahi anil munkir
FEATURES OF AN ISLAMIC STATE:
1) Sovereignty belongs to Allah Almighty:

 Real sovereign (supreme dominion or ruler)
 Quran 42:48 “Do not you know God is the owner of what is in the earth &
skies.”
 French philosopher Gean Bodin 1530 is said to be the first who gave the concept
of strong monarchy
 Hobbes book Laviathan referred sovereignty as may be human or divine
 John locke said sovereignty should be given to community
 Rousseu stood for sovereignty of people word
2) Khilafat:
“To the earth is Allah’s. He gives it for an inheritance to whom He will. And lo the
sequel is for those who keep their duty (unto Him).”
3) Independence of judiciary:
One of the salient feature of an Islamic state. Islam stresses for transparent judiciary
which must independent from all other organs of government. Judges must be
competent, honest and fair. Under the Islamic system, judiciary is independent of
executive or legislature. Everyone is equal before law either he is an ordinary citizen or a
caliph.
4) Government by consultation:
Mutual consultation among the Muslims is a commandment of the Holy Quran and an
injunction of the Sunnah of the Holy Prophet (Peace be Upon Him).
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Quran says:
“The affairs of state are run by their mutual consultation.” (Surah-Ash-Shura)
The institution of Maijis-e-Shoora was developed by the Khulfa-e-Rashideen after wards.
5) Obedience of the ruler:

The Quranic injunction calls upon the Muslims to obey the supreme commander among
them
6) Participation of public in state affairs:

Muslims shall be consulted in the affairs of state through their leaders in whom they
profess confidence.
7) Equality of all mankind:

In Islam, is no distinction or discrimination of man and man on the ground of race,
colour, language, profession or country. All persons are equal in Islamic state.
8) Aml Al Maruf wall Nahi An-Al-Munkar (order good and punish wrong)
Islam enjoins the state to maintain morality. It asks the Muslims and the ruler to order
good and punish wrong.
Maruf literally means ‘what is good’ & munkir means ‘what is bad’
Technically maruf is what shariah confers & munkir that violates shariah
9) Collection of Zakat:
Collection of Zakat is one of the essential functions of the Islamic state and a primary
duty or the Muslims.
10) Welfare of the state:
Islamic state is a model of welfare state, providing basic facilities of life and shelter of
all its citizens. Hazrat Umar (R.A) says,
“Even if a dog dies at the Bank of Dajl, I will be responsible to Allah for him.”
11) Protection of minorities their religion, culture & social values:

The right of non-Muslims are well protected by the Islamic state. Jizya is a tax imposed
on non Muslims for protection of their lives and property from foreign attacks.
Holy Quran Says, Let there be no compulsion in religion”.
12) No law against Holy Quran & sunnah
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13) Rights of man (hakook al ibad and hakook Allah )

14) Establish relations with other states on the basis of respect ,equality & treaties:
Islam is the religion of Joy, Peace and security. It believes in ideals relations with other states.
The Prophet (SAW) and four Caliphs made a positive role in this way. They used to give full
protocol to foreign missions.
CONSTITUTIONAL LAW OF AN ISLAMIC STATE:
The constitution is the supreme law which determines the powers & functions of main organs
of state, their mutual relationship.
 Quran & sunnah is the constitution

Surrah hujrat 22:41
“They are those who if we establish them in land, establish the way of life consistent
with the divine laws & provide nourishment to individuals, enjoin the right & forbid
the wrong.”
Further Holy Quran says 3:109

“you are the ummah raised for the good of all mankind your responsibility is to enjoin
right and to forbid the wrong.”
PRINCIPLES OF POLICY FOR ISLAMIC STATE:
1- Supremacy of laws & of no man:

“the command is for none but Allah.” [surrah Al ayousaf:40]
“…..and whoever does not judge by what Allah has revealed, such are the
disbelievers.”
[Surrah Al-Maida:44]
2- Islamic state to obey Allah’s command

3- Avoidance from what Allah has prohibited
4- Consultation (shura)
5- Justice & equity are main cornerstone/pillars
6- Freedom of :
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a) Speech
b) Religion
c) Expression
d) Education
e) Family life
f) Political & cultural beliefs
7- Social, economical, education & well being of its citizens
DISTINGUISH BETWEEN ISLAMIC STATE & WESTERN CONCEPT OF STATE:

I. As to sovereignty:
(i) In Islamic state sovereignty belong to God.
(ii) In western concept of state sovereignty belong to the people.
II. As to making authority:

(i) In Islamic state law making authority is only God.
(ii) In western concept of state law making authority are people.
III. As to religion:
(i) In Islamic concept of state religion has important role and state religion in Islam.
(ii) In west the state may not have religion.
IV. As to legislation:
(i) In Islamic state law making authority i. e. legislation is Majis-Shura. The law making powers
of Majlis-Shura are limited.
(ii) In western concept of state the legislature is called parliament. It has unlimited powers of
law making.

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CONCEPT OF ISLAMIC SATE & ITS DUTIES

CONCEPT OF ISLAMIC SATE & ITS DUTIES

 Significance is given to Quran & sunnah

SINGLE STATE & MULTIPLE STATE:

CONCEPT OF STATE & KHILAFAT:

(I) View of Al-Mawardi

(II) View of Al-Ghazali

(III) View of Ibn-Taymiyah

THE ESSENCE OF ISLAMIC STATE:

1- Meeting or consultation, that follows the teachings of Islam.

DUTIES OF THE RULER IN AN ISLAMIC STATE:

i- Establish supremacy of shariah

FEATURES OF AN ISLAMIC STATE:

1) Sovereignty belongs to Allah Almighty:

5) Obedience of the ruler:

6) Participation of public in state affairs:

7) Equality of all mankind:

10) Welfare of the state:

11) Protection of minorities their religion, culture & social values:

12) No law against Holy Quran & sunnah

13) Rights of man (hakook al ibad and hakook Allah )

CONSTITUTIONAL LAW OF AN ISLAMIC STATE:

 Quran & sunnah is the constitution

Further Holy Quran says 3:109

PRINCIPLES OF POLICY FOR ISLAMIC STATE:

1- Supremacy of laws & of no man:

2- Islamic state to obey Allah’s command

DISTINGUISH BETWEEN ISLAMIC STATE & WESTERN CONCEPT OF STATE:

II. As to making authority:

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