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The constitution of the Islamic state 
It rest on these principles
1. Sovereignty - belongs to God based on these verses
(12: 40) the command is for none but Allah. He hath commanded that ye worship none but Him: that is the right religion, but most men understand not... ,
(6: 62) Is not His the command? and He is the swiftest in taking account.
(43:85) And blessed is He to Whom belongs the dominion of the heavens and the earth, and all between them:
(18: 26) They have no protector other than Him; nor does He share His Command with any person whatsoever.
2. The right to legislate -
a) belongs basically to God , these verses affirm direct divine legislation
(4: 105) We have sent down to thee the Book in truth, that thou might judge between men, as guided by Allah.
(57:25) We sent aforetime our apostles with Clear Signs and sent down with them the Book and the Balance (of Right and Wrong), that men may stand forth in justice.
b) However , the laws given by the Holy Prophet Muhammad , in additions to the Quranic laws , also fall under the category of what "Allah has revealed"
(53:3-4) Nor does he ( Muhammad) say (aught) of (his own) Desire. It is no less than inspiration sent down to him.
(59:7) And whatever the messenger (Muhammad) gives you , accept it , and from whatever he forbids you , keep back .
c) Having been given the divine law it is not permitted to the Muslims to adopt , when they have their own state , any law which is repugnant to it.
( 5: 47 - 48, 50) ..and whoever did not judge by what Allah revealed, those are they that are the transgressors.
And We have revealed to you the Book with the truth, verifying what is before it of the Book and a guardian over it, therefore judge between them by what Allah has revealed, and do not follow their low desires (to turn away) from the truth that has come to you; for every one of you did We appoint a law and a way, and if Allah had pleased He would have made you (all) a single people, but that He might try you in what He gave you, therefore strive with one another to hasten to virtuous deeds; to Allah is your return, of all (of you), so He will let you know that in which you differed;
And that you should judge between them by what Allah has revealed, and do not follow their low desires, and be cautious of them, lest they seduce you from part of what Allah has revealed to you; but if they turn back, then know that Allah desires to afflict them on account of some of their faults; and most surely many of the people are transgressors.
Is it then the judgment of (the times of) ignorance that they desire? And who is better than Allah to judge for a people who are sure?
d) It should be noted that the Quran prohibits only the violation of "what Allah has revealed " . But it does not lay down , either in the verses just quoted or anywhere else , that muslims are forbidden from following any laws which Allah has not revealed , thus leaving it open to frame new laws for meeting the exigencies of new situations. Of course , all such laws should be in conformity with the Divine guidance , as the Quran says :
(5: 50) Is it then the judgment of (the times of) ignorance that they desire? And who is better than Allah to judge for a people who are sure?
Thus a controlled and limited but positive freedom has been given to the muslims in respect of legislation .
3. Status of governmental authority
Human beings are vicegerents of God , hence governmental authority can be held by them only as a delegated function and as a trust under the sovereignty of God
(2: 30) Behold, thy Lord said to the angels: "I will create a vicegerent on earth." |
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4. Objectives of the Islamic state
a) To maintain internal order
(2:251) And did not Allah Check one set of people by means of another, the earth would indeed be full of mischief:
and ward off external aggression .
(22:39) To those against whom war is made, permission is given (to fight), because they are wronged;- and verily, Allah is most powerful for their aid.
b) To establish absolute justice for all citizens
(4:58) Allah doth command you to render back your Trusts to those to whom they are due; And when ye judge between man and man, that ye judge with justice: Verily how excellent is the teaching which He giveth you! For Allah is He Who heareth and seeth all things.
c) To do all that lies in its power, and to employ all means and media , including tabligh (the dissemination and propagation of the teaching of Islam , from the pulpit and the platform and through the press , the radio and the television , with the view to persuade and inspire the people in respect of the Islamic way of life ) for the establishment of all that is right (Al Ma'ruf) and the elimination of all that is wrong ( Al Munkar)
(22:41) (They are) those who, if We establish them in the land, establish regular prayer and give regular charity, enjoin the right and forbid wrong: with Allah rests the end (and decision) of (all) affairs.
d) to organise institution for spiritual and social welfare .
(22: 41) (They are) those who, if We establish them in the land, establish regular prayer and give regular charity, enjoin the right and forbid wrong: with Allah rests the end (and decision) of (all) affairs.
(4:114) In most of their secret talks there is no good: But if one exhorts to a deed of charity or justice or conciliation between men, (Secrecy is permissible): To him who does this, seeking the good pleasure of Allah, We shall soon give a reward of the highest (value).
e) to transform the muslims community into a community of middle roaders with the elimination of the evils of poverty on the one hand and the evils of riches on the other .
(2:143) Thus, have We made of you an Ummat justly balanced, that ye might be witnesses over the nations, and the Messenger a witness over yourselves;
f) To actively endeavour for making Islam the supreme ideological force on the world front .
(61:9) It is He Who has sent His Messenger with Guidance and the Religion of Truth, that he may proclaim it over all religion, even though the Pagans may detest (it).
( 8:60) Against them make ready your strength to the utmost of your power
5. The freedom rights of the people
People are to be free from subjection to any human being , because the government is the government of the law and they are subjects of God alone .
(12: 40) ...The authority and control belong to Allah only . He hath commanded that ye worship none but Him: that is the right religion, but most men understand not...
The Quran lays down the principle for the collective life of muslims .
(42: 38-39) Those who hearken to their Lord, and establish regular Prayer; who (conduct) their affairs by mutual Consultation; who spend out of what We bestow on them for Sustenance ; And those who, when an oppressive wrong is inflicted on them, (are not cowed but) help and defend themselves. |
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The Head of the Islamic State (Amir Al Mu'minin)
Qualifications , status and functions of the head of the Islamic state .
1. He must be a muslim , endowed with a high standard of piety , knowledge , wisdom ( leading a life portrayed by the teaching of the Quran) and physical qualities , including bravery .
That he must be a muslim is borne out by the words " from amongst you " in this following verse
(4:59) O ye who believe! Obey Allah, and obey the Messenger, and those charged with authority among you.
Even from the purely rational point of view , the head of an ideological state can reasonably be only he who believes in and represents that ideology .
As regard to the high standard of piety , the following verse makes it clear
(49:13) ..Verily the most honoured of you in the sight of Allah is (he who is) the most righteous of you. And Allah has full knowledge and is well acquainted (with all things).
Knowledge , wisdom and physical merits have been affirmed in this verse
(2 : 247) Their Prophet said to them: "(Allah) hath appointed Talut as king over you." They said: "How can he exercise authority over us when we are better fitted than he to exercise authority, and he is not even gifted, with wealth in abundance?" He said: "(Allah) hath Chosen him above you, and hath gifted him abundantly with knowledge and bodily prowess: Allah Granteth His authority to whom He pleaseth. Allah careth for all, and He knoweth all things."
(2: 251) .....Allah gave him power and wisdom and taught him whatever (else) He willed.
2. His status and functions is that of :
a) The vicegerent of God - he must live for God's sake , and carry out Divine commands and surrender his ego completely to Divine Pleasure .
b) As successor to the prophet Muhammad - he must imitate the prophet as a muslim and as a head of the state as best as he can . The prophet being the founder and the first head of the Islamic state , so every other head of the Islamic state who comes after him is naturally his successor.
c) As representative of the people - he must be the servant of the people ( working for the people ) and not their master (ruling with iron fist ) . The administration of the Islamic state is based on mutual consultation hence no one can impose himself as a despotic ruler on the muslims . Rather he is to be elected by them and as such he is to be their representative . The people who themselves are vicegerents of God , delegate their authority , out of organisational and administrative necessity, to him as their leader .
He should lead a life of austerity and self negation . Good muslims are those who sacrifice their own interests and comforts for the sake of other muslims .The head of the Islamic state therefore dutybound more than any other muslim to base his life on self sacrifice . Thus his life must be exemplary for the people in respect of the Islamic way of life .
(59:9) But those who before them, had homes (in Medina) and had adopted the Faith,- show their affection to such as came to them for refuge, and entertain no desire in their hearts for things given to the (latter), but give them preference over themselves, even though poverty was their (own lot). And those saved from the covetousness of their own souls,- they are the ones that achieve prosperity. |
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3. His relationship with his people :
a) Parliament
He should rule the state in consultation with the people hence there should be a parliament . According to the Quran , the prophet was commanded by God , inspite of his unique position as God's messenger , to administer the state in consultation with the people , who were his followers.
(3:159) And consult with them the conduct of affairs .
Thus the successor to the prophet , the head of the Islamic state , cannot assume the position of an autocrat or a dictator and cannot disturb the freedom rights of the people .
b) People's right to differ
The citizens of the Islamic state has the right to differ with the head of the state, and when such a situation arises, the dispute is to be referred to the Quran and Sunnah for arbitration . The right to differ is directly contained in the right to give opinion , while the principle for settlement of differences has been given in the following verse
(4:59) O ye who believe! Obey Allah, and obey the Messenger, and those charged with authority among you. If ye differ in anything among yourselves, refer it to Allah and His Messenger, if ye do believe in Allah and the Last Day: That is best, and most suitable for final determination.
c) Supremacy of the Law
The head of the state is not above Law , his function being not to administer the state abitrarily and at will but positively on the basis of Truth and Justice as given in the Divine Law.
(38: 26) O David! We did indeed make thee a vicegerent on earth: so judge thou between men in truth (and justice): Nor follow thou the lusts (of thy heart), for they will mislead thee from the Path of Allah. for those who wander astray from the Path of Allah, is a Penalty Grievous, for that they forget the Day of Account.
However , as long as he administer in conformity with the Guidance given by Allah and His messenger Muhammad , he should be implicitly obeyed by all .
(4: 59) O ye who believe! Obey Allah, and obey the Messenger, and those charged with authority among you.
Separation of the Executive and the Judiciary
Since the head of the Islamic state is subordinate to the Law given by Allah and His messenger , the only way to ensure the Supremacy of the Law is the keeping of the judiciary independent of the executive and the total avoidance by the head of the state of tampering with the functioning of the judiciary .
Qualifications of State's Functionaries
Functionaries of the state are to be appointed on no other consideration but genuine merits like knowledge, practical wisdom , efficiency , honesty and integrity .
(4:58) Allah doth command you to render back your Trusts to those to whom they are due; And when ye judge between man and man, that ye judge with justice: Verily how excellent is the teaching which He giveth you! For Allah is He Who heareth and seeth all things.
We have already seen that those in authority of the state and all that it stands for as a trust from God . All the offices of the state , from the highest to the lowest , are thus trusts, hence those being appointed to govermental services must only be persons who are worthy of the job .
Obedience in People's own interests
Obedience to the head of the Islamic state has been imposed as a duty upon the citizens for :
a) the coordination of the freedom rights
b) the establishment and maintenance of collective discipline
c) the establishment and maintenance of a unitary policy for the state
These 3 principles are contained in "enjoining what is right " which is one of the function of the Islamic state
( 8: 1) Establish happiness , peace and order among yourselves .
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Post time 27-10-2007 06:29 PM
变色卡
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