Week 12 Governing System in Islam PDF

Governing system of Islam Governance in an Islamic state Characteristics of Islamic state Foreign policies in Islamic Perspective What is Governance? ► Governance refers to the conducting of affairs and management of public resource. ► Governance is “the process of decision-mak...

Governing system of Islam Governance in an Islamic state Characteristics of Islamic state Foreign policies in Islamic Perspective What is Governance? ► Governance refers to the conducting of affairs and management of public resource. ► Governance is “the process of decision-making and the process by which decisions are implemented or not implemented”. ► The concept centers on the responsibilities of government and governing bodies to meets of the masses as opposes to select groups in society. Definition of Good Governance As per the criterion laid down by the United Nation (UN) good governance should have eight characteristics; ► Consensus Oriented ► Participatory ► Rule of Law ► Effective and Efficient ► Accountable ► Transparent ► Responsive ► Equitable and Inclusive Quranic View of Governance ► The Qur’an defines good governance as the rule of justice, a just and ethical order and observance of rights and obligations in a society. ‫َﮭوا ﻋَ ِن اﻟۡ ﻣُﻧۡ ﮑَرِ ۔‬ ۡ ‫ض اَﻗَﺎﻣُوا اﻟﺻﱠﻠٰ و َة َو اٰ ﺗَوُ ا اﻟزﱠ ﮐٰ و َة َو اَ َﻣر ُۡوا ﺑِﺎﻟۡ ﻣ َۡﻌر ُۡوفِ َو ﻧ‬ ِ ‫اَﻟﱠذِﯾۡ نَ ا ِۡن ﱠﻣﮑﱠ ّٰﻧﮭُمۡ ﻓِﯽ ۡاﻻ َۡر‬ ► ► “Those when given authority in land, establish (system of) salah , give zakah and enjoin what is good (ma’ruf) and forbid what is wrong (munkar).22:41 ُ‫ﺷﮭَدَ آ َء ﺑِﺎﻟۡ ﻘ ِۡﺳطِ ۫ َو َﻻ ﯾ َۡﺟرِ َﻣ ﱠﻧﮑُمۡ َﺷ َﻧﺎٰنُ ﻗ َۡو ٍم ﻋَ ٰۤﻠﯽ ا ﱠَﻻ ﺗ َۡﻌ ِدﻟ ُۡواؕ ا ِۡﻋ ِدﻟ ُۡوا ۟ ھ َُو اَﻗۡ رَ ب‬ ُ ِ ّٰ ِ َ‫ٰۤﯾﺎ َ ﱡﯾﮭَﺎ اﻟﱠذِﯾۡ نَ اٰ َﻣﻧ ُۡوا ﮐ ُۡوﻧ ُۡوا ﻗَوّٰ ﻣِﯾۡ ن‬ ► ‫ﻟِﻠﺗﱠﻘۡ ٰوی۔‬ ► “O you who believe stand up as a witness for Allah in all fairness, and do not let the hatred of people deviate you from justice (‘adl). Be just, this is closest to piety”. 5:8 Principles of Good Governance in Islamic Islamic view of good governance is qualitative and not mechanical. Major characteristics of good governance can be summarized in following points: ► 1:Coherent: And based on unity (tawhid). A governance which follows dual standards and not a single principle (tawhid) in its policies and management cannot observe ‘adle’ or justice. ‫ظﮑُ ْم ﻟَﻌَ ﻠﱠﮑُ ْم ﺗَذَ ﱠﮐرُونَ ۔‬ ُ ‫ َﯾ ِﻌ‬،ِ‫ﷲ ﯾَﺄ ُﻣ ُر ﺑِﺎﻟْﻌَ دْ لِ َواﻹﺣْ ﺳَ ﺎ ِن َوإ ْﯾﺗَﺎ ِء ذِی ا ْﻟﻘُرْ ﺑ َٰﯽ َو َﯾ ْﻧﮭ َٰﯽ ﻋَ ِن ا ْﻟﻔَﺣْ ﺷَﺂ ِء َوا ْﻟ ُﻣ ْﻧﮑَرِ َوا ْﻟﺑَﻐْ ﯽ‬ َ ‫إنﱠ‬ ► ► Surely Allah enjoins the doing justice and the doing of good and the giving kindred, and He forbids indecency and evil and rebellion; He admonishes you that you may be mindful.16:90 ► 2:Participation: ‫َو ﺷَﺎوِ ۡرھُمۡ ﻓِﯽ ۡاﻻَﻣۡ رِ ۚ َﻓﺎِذَ ا ﻋَ زَ ﻣۡ تَ َﻓﺗ ََوﮐﱠلۡ ﻋَ ﻠَﯽ ّٰﷲِ۔‬ ► ► And consult (‫ ) َوﺷَﺎوِ رھُم‬with them in the conduct of affairs, and when you have resolved then put your trust in Allah”.3:159 ► 3:Competent and Capable , Worthy of Amanah: ‫ت ا ِٰۤﻟﯽ ا َۡھﻠِﮭَﺎ ۙ َو اِذَ ا ﺣَ ﮑَﻣۡ ﺗُمۡ ﺑَﯾۡ نَ اﻟﻧﱠﺎسِ ا َۡن ﺗ َۡﺣﮑُﻣ ُۡوا ﺑِﺎﻟۡ ﻌَ ۡدلِ ۔‬ ِ ٰ‫ﷲ َﯾ ۡﺎ ُﻣ ُرﮐُمۡ ا َۡن ﺗ َُؤدﱡوا ۡاﻻَﻣٰ ﻧ‬ َ ّٰ ‫اِنﱠ‬ ► “Verily Allah commands you that you restore trust to those who are capable and if you judge between mankind, that you judge justly”. 4:58 ► 4:Transparency: Decision making and their enforcement must follow rules, and regulations. No difference between a rich and poor, an official and an ordinary citizen. ► 5: Public Accountability: ‫اِنﱠ اﻟﺳﱠﻣۡ ﻊَ َو اﻟۡ ﺑَﺻَ رَ َو اﻟۡ ﻔ َُؤادَ ُﮐ ﱡل ا ُوﻟٰ ٓ ِﺋﮏَ ﮐَﺎنَ ﻋَ ﻧۡ ُہ ﻣ َۡﺳـٔ ُۡو ًﻻ۔‬ ► “Lo the hearing and the sight and the heart – of each of these will be asked” 17:36 The holy Prophet(S) said: Everyone of you is a guardian ( ra’in ) and accountable ( mas’ul ) for his charge. Thus the amir is a guardian of the people and He is accountable for them. And a man is a guardian (ra’in) of his household and he is accountable for them; and a women is in charge (ra’iyah) of the household and her children and she is accountable for them; and a servant is guardian of his master’s property, everyone of you is accountable for his subjects” Sahih Bukhari. ► 6: Rule of Law: ‫ٰۤﯾﺎ َ ﱡﯾﮭَﺎ اﻟﱠذِﯾۡ نَ اٰ َﻣﻧ ُۡوا ﮐ ُۡوﻧ ُۡوا ﻗَوّٰ ﻣِﯾۡ نَ ﺑِﺎﻟۡ ﻘ ِۡﺳطِ ﺷُﮭدَ آ َء ِ ّٰ ِ َو ﻟ َۡو ﻋَ ٰۤﻠﯽ اَﻧۡ ﻔُﺳِ ﮑُمۡ اَوِ اﻟۡ َواﻟِدَ ﯾۡ ِن َو ۡاﻻَﻗۡ رَ ﺑِﯾۡ نَ ۚ ا ِۡن ﱠﯾﮑ ُۡن ﻏَ ِﻧ ّﯾًﺎ ا َۡو َﻓﻘِﯾۡ رً ا‬ ► ‫ﻓَﺎ ّٰ ُ ا َۡوﻟٰ ﯽ ِﺑ ِﮭﻣَﺎ ۟ ﻓ ََﻼ َﺗ ﱠﺗ ِﺑﻌُوا اﻟۡ ٰۤﮭوی ا َۡن ﺗ َۡﻌ ِدﻟ ُۡوا۔‬ ► “O you who believe, be custodians of justice (and) witness for Allah, even though against yourselves or your parents or your relatives. Whether a man be rich or poor, Allah is the greatest well-wisher than you, so follow nor the behests of lust, lest you swerve from justice”.4:135 ► 7: Consensus Oriented; Shura ‫ َﻓﺎِذَ ا ﻋَ زَ ﻣۡ تَ َﻓﺗ ََوﮐﱠلۡ ﻋَ ﻠَﯽ ّٰﷲِ۔‬، ِ‫َوﺷَﺎوِ رْ ھُم ﻓِﯽ ْاﻷﻣْ ر‬ ► ► “And take counsel with them in the affairs; so when you have And when you have reached a consensus, put your trust in Allah”. 3:159 ► 8: Welfare Oriented: ► welfare of the people (‫ )ﻣﺻﺎﻟﺢ ﻋﺎﻣہ‬and not of specific interest groups, privileged persons or the ruling class should be the objective of policies. The Holy Quran introduces the Zakat system as one of the fundamental pillars for the redistribution of wealth in society. ► 9: Quality Assurance: Public transactions and dealings when done with honesty and fairness lead to confidence building in society. The Qur’an enjoins use of one and same standards for quality control in delivering systems. ‫َو ا َۡوﻓُوا اﻟۡ ﮑَﯾۡ َل اِذَ ا ﮐِﻠۡ ﺗُمۡ َو زِ ﻧ ُۡوا ﺑِﺎﻟۡ ﻘ ِۡﺳطَ ﺎسِ اﻟۡ ﻣ ُۡﺳ َﺗﻘِﯾۡ مِ ؕ ٰذﻟِﮏَ ﺧَ ﯾۡ ٌر وﱠ ا َۡﺣﺳَ نُ َﺗﺎۡوِ ﯾۡ ًﻼ۔‬ ► ► “ Fill the measure when you measure and weigh with a right balance; this is better, and excellent its consequences”.17:35 ► 10: Striving for Excellence: Islam enjoins public administration to make and implement decision on time and effectively in order to ensure good governance. As the Holy Prophet(s) said; ► “An amir (ruler) who accepts an office but does not make his utmost effort with sincerity ( ikhlas ), he will never ever enter paradise (Jannah) with other Muslims”. Sahih Muslim: Kitabal-Imarah Foreign policies in Islamic Perspective ► There are several verses of the Holy Book (the Quran) that describe issues with other nations. Obviously, the Holy Prophet's (SAW) foreign policy is based on the revealed teachings. ► The Holy Quran clarified the universality of His leadership and the dignity of the faith He gave. It is due to the finality of Prophet hood and the universality of His massage, His "Uswah" became a model for humanity. ► It also describes the formulation of the ideological spirit bound by fraternity and brotherhood, equality and justice when He (SAW) emigrated and established a state at Madinah. ► He (SAW) established international relations based on goodwill and devotion. ► The first Muslim state was founded and governed by the Holy Prophet(S). It was the city state of Madinah, a confederacy of autonomous villages, inhabited by Muslims, Jews, Pagan Arabs, and possibly a handful of Christians. The very nature of this state demanded a religious tolerance. Which was formally recognized in the constitution of this state, which document has come down to us; ► Principles of foreign policy include the following; ► Treaties with foreigners are to be honored. ► The ambassadors enjoy diplomatic immunity. They enjoy liberty of creed, security of sojourn and return. ► Foreigners residing in an Islamic territory are subject to their personal laws. ► The Muslim law of jihad is human, “ Women, children, old and infirm men should not be molested, nor trees and crops cut down, nor peace withheld when the enemy comes to term. Principles of Foreign Policy enunciated in Sunnah ‫ت َواﻟزﱡ ﺑُرِ ۗ َوأَﻧزَ ْﻟﻧَﺎ إِ َﻟﯾْكَ اﻟ ﱢذﻛْرَ ﻟِ ُﺗ َﺑﯾﱢنَ ﻟِﻠﻧﱠﺎسِ ﻣَﺎ ﻧُزﱢ َل إِ َﻟ ْﯾ ِﮭ ْم َوﻟَﻌَ ﻠﱠ ُﮭ ْم َﯾ َﺗ َﻔ ﱠﻛرُونَ ۔‬ ِ ‫ﺑِﺎ ْﻟ َﺑ ﱢﯾﻧَﺎ‬ ► ► “[We sent them] with clear proofs and written ordinances. And We revealed to you the message that you may make clear to the people what was sent down to them and that they might give thought”. ► The Quran also says, ‫ﷲ َو اَطِ ﯾۡ ﻌُوا اﻟرﱠ ﺳ ُۡولَ۔‬ َ ّٰ ‫َو اَطِ ﯾۡ ﻌُوا‬ ► ► “And obey Allah and obey the messenger”. ► The Holy Prophet (SAW) said: ► "Anyone who obeys me (actually) has obeyed Allah; and anyone who has disobeyed me (actually) has disobeyed Allah“. (Sahih al-Bukhari 7137: Book 93, Hadith 1) ► Holy Quran to make and sustain relations with international community. These principles became foundation of the foreign policy of the first Islamic state. ► Principles of Dispute Settlement: ► As Allah Almighty asserts in the Holy Quran; ‫َﺻﻠِﺣ ُۡوا ﺑَﯾۡ َﻧ ُﮩﻣَﺎ ۚ َﻓﺎ ِۡۢن ﺑَﻐَ ۡت ا ِۡﺣ ٰدﯨ ُﮩﻣَﺎ ﻋَ ﻠَﯽ ۡاﻻ ُۡﺧ ٰری َﻓﻘَﺎ ِﺗﻠُوا اﻟﱠﺗ ِۡﯽ ﺗَﺑۡ ﻐ ِۡﯽ ﺣَ ّٰﺗﯽ َﺗﻔ ۡ ِٓﯽ َء‬ ۡ ‫َو ا ِۡن طَ ﺂ ِﺋﻔَﺗٰ ِن ﻣِنَ اﻟۡ ﻣ ُۡؤ ِﻣﻧِﯾۡ نَ اﻗۡ َﺗ َﺗﻠ ُۡوا َﻓﺎ‬ ► ‫ﷲ ُﯾﺣِبﱡ اﻟۡ ﻣُﻘۡ ﺳِ طِ ﯾۡ نَ ۔‬ َ ّٰ ‫َﺻﻠِﺣ ُۡوا ﺑَﯾۡ َﻧ ُﮩﻣَﺎ ﺑِﺎﻟۡ ﻌَ ۡدلِ َو اَﻗۡ ﺳِ ط ُۡواؕ اِنﱠ‬ ۡ ‫َت َﻓﺎ‬ ۡ ‫ﷲ ۚ َﻓﺎ ِۡن ﻓَﺂء‬ ِ ّٰ ِ‫ا ِٰۤﻟﯽ اَﻣۡ ر‬ ► “And if two factions among the believers should fight, then make settlement between the two. But if one of them oppresses the other, then fight against the one that oppresses until it returns to the ordinance of Allah. And if it returns, then make settlement between them in justice and act justly. Indeed, Allah loves those who act justly“49:9. ► Principle of Sanctity of Pledge (Treaty or Contract): ‫ﱠﺻ ُر ا ﱠِﻻ ﻋَ ﻠٰ ﯽ ﻗ َۡو ٍۭم ﺑَﯾۡ َﻧﮑُمۡ َو ﺑَﯾۡ َﻧﮩُمۡ ﻣﱢﯾۡ ﺛَﺎقٌ ؕ َو ّٰﷲُ ِﺑﻣَﺎ ﺗ َۡﻌ َﻣﻠ ُۡونَ ﺑَﺻِ ﯾۡ رٌ۔‬ ۡ ‫اﺳﺗَﻧۡ ﺻَ ر ُۡوﮐُمۡ ﻓِﯽ اﻟدﱢﯾۡ ِن ﻓَﻌَ ﻠَﯾۡ ﮑُ ُم اﻟﻧ‬ ۡ ‫َو ِا ِن‬ ► ► And if they seek help of you for the religion, then you must help, except against a people between yourselves and whom is a treaty. And Allah is Seeing of what you do“8:72. ‫ُدوانِ۔‬ َ ‫ﱠﻘوی َوﻻَ ﺗَﻌَ َﺎوﻧُوا ﻋَ ﻠَﯽ ِاﻻِﺛمِ َواﻟﻌ‬ َ ‫َوﺗَﻌَ َﺎوﻧُوا ﻋَ ﻠَﯽ اﻟﺑرﱢ َواﻟﺗ‬ ► ► “And cooperate in righteousness and piety, but do not cooperate in sin and aggression. And fear Allah; indeed, Allah is severe in penalty". ُ‫ﺷﮭَدَ آ َء ﺑِﭑ ْﻟﻘِﺳْ طِ ۖ َو َﻻ ﯾَﺟْ رِ َﻣ ﱠﻧ ُﻛ ْم َﺷ َﻧـَٔﺎنُ ﻗ َْو ٍم ﻋَ ﻠ ٰ َٓﻰ أ ﱠَﻻ ﺗَﻌْ ِدﻟُوا۟ ۚ ٱﻋْ ِدﻟُوا۟ ھ َُو أَﻗْرَ ب‬ ُ ِ ‫َﯾ ٰـٓﺄ َ ﱡﯾﮭَﺎ ٱﻟﱠذِﯾنَ ءَا َﻣﻧُوا۟ ﻛُوﻧُوا۟ ﻗَوﱠٰ ﻣِﯾنَ ِ ﱠ‬ ► ‫ﻟِﻠ ﱠﺗﻘ َْو ٰى ۖ َوٱ ﱠﺗﻘُوا۟ ٱ ﱠ َ ۚ إِنﱠ ٱ ﱠ َ ﺧَ ﺑِﯾ ٌۢر ِﺑﻣَﺎ ﺗَﻌْ َﻣﻠُونَ ۔‬ ► “O you who have believed, be persistently standing firm for Allah, witnesses in justice, and do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness. And fear Allah; indeed, Allah is acquainted with what you do”. ► Principle of Universal Brotherhood: ‫انَ اﻟﻧﱠﺎسُ ا ُ ﱠﻣ ًۃ وﱠ اﺣِدَ ًة ۟ َﻓﺑَﻌَ ثَ ّٰﷲُ اﻟ ﱠﻧ ِﺑ ٖ ّﯾنَ ُﻣ َﺑﺷﱢرِ ﯾۡ نَ َو ﻣُﻧۡ ذِرِ ﯾۡ نَ ۪ َو اَﻧۡ زَ َل ﻣَﻌَ ُﮭ ُم اﻟۡ ﮑِﺗٰ بَ ﺑِﺎﻟۡ ﺣَ قﱢ ﻟِﯾ َۡﺣﮑُ َم ﺑَﯾۡ نَ اﻟﻧﱠﺎسِ ﻓِﯾۡ ﻣَﺎ‬ ► ‫ۡاﺧ َﺗ َﻠﻔ ُۡوا ﻓِﯾۡ ِہؕ َو ﻣَﺎ ۡاﺧ َﺗﻠَفَ ﻓِﯾۡ ِہ ا ﱠِﻻ اﻟﱠذِﯾۡ نَ ا ُۡوﺗ ُۡوهُ ﻣ ِۡۢن ﺑ َۡﻌ ِد ﻣَﺎ ﺟَ ﺂءَﺗۡ ُﮭ ُم اﻟۡ َﺑﯾﱢﻧٰ تُ ﺑ َۡﻐ ًۢﯾﺎ ﺑَﯾۡ َﻧﮭُمۡ ۚ َﻓﮭَدَ ی ّٰﷲُ اﻟﱠذِﯾۡ نَ اٰ َﻣﻧ ُۡوا ﻟِﻣَﺎ ۡاﺧ َﺗ َﻠﻔ ُۡوا‬ ‫ﻓِﯾۡ ِہ ﻣِنَ اﻟۡ ﺣَ قﱢ ِﺑﺎ ِۡذﻧِہٖ ؕ َو ّٰﷲُ ﯾَﮭۡ د ِۡی ﻣ َۡن ﱠﯾﺷَﺂ ُء اِﻟٰ ﯽ ﺻِ رَ اطٍ ﻣ ۡﱡﺳ َﺗﻘِﯾۡ مٍ۔‬ ► “Mankind was [of] one religion [before their deviation]; then Allah sent the prophets as bringers of good tidings and warners and sent down with them the Scripture in truth to judge between the people concerning that in which they differed. And none differed over the Scripture except those who were given it - after the clear proofs came to them - out of jealous animosity among themselves. And Allah guided those who believed to the truth concerning that over which they had differed, by His permission. And Allah guides whom He wills to a straight path”. ► Principles of War and Peace ► Islam is against each kind of aggression or terrorism. Believers are permitted to fight only against those who commit aggression against them and the conditions of persecution on earth. In dangerous situations that had been a challenge to the survival of the Muslims and which revealed that the Quraysh would in no way be ready to make sense and abandon their enmity, God gave Muslims permission to fight, but declared it not mandatory. ‫ﷲ َﻻ ُﯾﺣِبﱡ اﻟۡ ﻣ ُۡﻌ َﺗدِﯾۡ نَ ۔‬ َ ّٰ ‫ﷲ اﻟﱠذِﯾۡ نَ ُﯾﻘَﺎ ِﺗﻠ ُۡو َﻧﮑُمۡ َو َﻻ ﺗ َۡﻌ َﺗد ُۡواؕ اِنﱠ‬ ِ ّٰ ِ‫َو ﻗَﺎ ِﺗﻠ ُۡوا ﻓ ِۡﯽ ﺳَ ﺑِﯾۡ ل‬ ► ► "Fight in the way of Allah those who fight you but do not transgress. Indeed. Allah does not like transgressors". ► At another place of Surah Al-Baqra Allah Almighty asserts, َ‫َو ﻗٰ ِﺗﻠ ُۡوھُمۡ ﺣَ ّٰﺗﯽ َﻻ َﺗﮑ ُۡونَ ﻓِﺗۡ َﻧ ٌۃ وﱠ َﯾﮑ ُۡونَ اﻟدﱢﯾۡ نُ ِ ّٰ ِؕ َﻓ ِﺎ ِن اﻧۡ َﺗﮭ َۡوا ﻓ ََﻼ ﻋ ُۡد َوانَ ا ﱠِﻻ ﻋَ ﻠَﯽ اﻟ ّٰظﻠِﻣِﯾۡ ن‬ ► ► “Fight them until there is no [more] fitnah and [until] worship is [acknowledged to be] for Allah. But if they cease, then there is to be no aggression except against the oppressors”.