Islam for Non-Muslims

Political Philosophy in Islam

44:  POLITICAL PHILOSOPHY IN ISLAM

Introduction: Islam is a complete way of life. It therefore addresses the problems of political side of human life as it does for many other aspects as well.  In doing so, Islam appears to be a class by itself among the religions.  Though the history of religion records some political background with “judicial powers” for the Prophets like David and his son Solomon (21:78), but their governing experience in the remote past can barely provide any ready solutions to the complex problems of modern politics.

(A) Background of Islamic Politics:  From time immemorial, God sent down religions for the welfare of mankind.  Given the absence of any support from state machinery, His earlier prophets could not establish their religious ideals on the earth: widely and permanently.  God therefore equipped Islam with political backing in order to demonstrate how to practice morality in the political field as well. Integration of religion and governance is not new for Islam as God required the Jews to “judge by God’s revelations (Torah)” (5:45). For showing the potentials of a good ruler in social justice, God cited a model example of historical monotheistic ruler Zul-qarnain who said, “whoever does wrong, we shall punish them” and “whoever is a believer and righteous will have a goodly reward” (18:87/88) 

The pure version of Islamic politics aims to keep clean of any undesirable elements like the excesses committed by the Catholic Church (such as through brutal Inquisition) in the medieval time.  Similarly occasional abuses of political powers by so-called Muslim rulers or Islamic States are not representative of Islam. An Islamic government in a true sense is the one that exactly follows the model of the government showcased by the Prophet and his 4 succeeding Caliphs.  How such ideal pattern of governance betters any modern forms of government (democratic or its variants) will appear obvious from the following discussion.

(B) Some Merits of Islamic Politics:

(1) Welfare Oriented Rule:  The Islamic state founded by the Prophet and governed by him as well as his four successors provide the first examples of a thoroughly responsible, welfare state in the history of politics.  These Caliphs, taking little or no compensation from state treasury, showed total dedication to the cause of public welfare. While the Prophet was mostly occupied with laying the foundation of Islamic state and his first Caliph Abu Bakr with consolidating its position, it was his second Caliph Umar, who concentrated more on reforming administration along welfare lines. 

Umar as a Ruler: As a ruler of a vast empire, he set up rare examples of plain living like sleeping on a simple mat of date leaves and wearing a single set of ordinary clothes. On the other hand, his concern for public wellness was so high that he went on the rounds with undercover mission for identifying the poor in order to help them with food which he carried on his own back. 

The Caliphate of Umar was not only welfare-oriented but also a highly progressive one.  Although it flourished about 14 centuries ago, his dynamic statesmanship was far ahead of time.  For example, he brought into use many of the modern administrative tools like jail system, patrol squad (comparable to police force), census (population count for benefits distribution) and spying for good purposes etc. which were either new innovations in history or rare achievements for his time.  All these political contributions earned him words of praises from even many western historians.

(2) Balanced Ruler-Subject Relationship:  Islamic politics promises a disciplined political climate by arranging a balanced relationship between the ruler and the ruled.  On the one hand, Islam advises the people to put their personal choice aside and follow the Caliph, regardless of his birth, color etc. as long as he governs according to Islamic law.   On the other hand, Islam also puts the Caliphate under notice about its obligations to the people.  The Prophet declared, "If a person is made by God a ruler of the Muslims but remains careless about them, then God will also show similar carelessness toward him."

(3)  Practicing Quranic Rules is Part of Good Deeds:

Since compliance with the Quran-based laws in an Islamic state is considered a pious act like praying, there will be a self-willed tendency among the Muslims toward compliance. Moreover, there is Quranic urging for the believers to “obey God, His Messenger and those charged with authority among you (government)” (4:59). In consequence, they are likely to be more discipline-bound and cooperative with state policies.  This is likely to reduce spending on police force to an extent that is seldom a reality in modern politics. 

(4) Ethical Elements of Islamic Politics:  Islamic politics subsists on honesty and morality.  Since good Muslim leaders with strong moral background are required to fill up key positions in an Islamic government, such government is most likely to fashion its policies (national and international) on the basis of justice and fairness.  Hence infamous elements of modern politics like coup de tat, dictatorship, cruel suppression of innocent opposition, plundering of public money, unjust regional disparities in government spending, undue or needless spying into foreign affairs etc. are almost an unknown quantity in the politics of Islam.  This marks a basic difference with a modern government that usually draws inspiration from Italian philosopher Machiavelli who was supportive of government doing anything (right or wrong) as means to achieve its ends even if that often may be vicious.   

(B) An Islamic Government Betters Democracy:
  An Islamic government looks similar to a modern democracy in some respects such as public consultation and human rights.  However, it also improves upon modern democracy in many aspects as appears below:

(1) Legislature: Islamic law making body contrasts with a modern legislature as follows. 

(i) Impartial Islamic Laws Ensure Common Well-being: The modern democracy gives to the majority party an absolute power of making laws that only or mostly suits their partisan interests. In this process, the minority (say with 49% support) interest is often sadly ignored or badly undermined by the majority with 51% popularity.  Islam, by contrast, does not leave the fate of people in the hands of a corrupt, biased or autocratic ruler as it does not grant any law making powers to any human law makers. Instead, Islam codifies its legal or political provisions in the Quran and Hadith for governing the state.  These divine laws (Shariah), protected from any favoritism or double standard of justice, aim to maximize collective welfare, regardless of majority or minority.

The Prophet framed the historic Charter of Medina that gave commonwealth structure to his government, ensuring peaceful coexistence of different peoples including the Jews, the Christians and the Muslims under his rule. This was virtually one of the earliest constitutions in the history of mankind.

(ii) Laws Not Changeable to Suit Vested Interests:  Islamic laws are not subject to changes the way the modern laws or constitutions are often done to suit the purpose of the party in power.  Its legislature has no power to alter any basic laws in Islam.  Its powers are limited to only interpreting laws in the cases of newly-emerged problems or filling up gap where any minor or marginal issues are missing in the Quran and Hadith. 

(iii) Equality in the Eye of Islamic Law:  The provisions of Islamic laws apply equally to everyone, high or low in the social ranking. In this regard there is no special privilege or exceptional treatment for anyone including even the Caliph.  This feature is hard to find in the democratic world.  For example, the Greek civilization, the founder of democracy, was less than perfect, as they denied voting rights to certain groups including the women and the poor etc.  Even in England, known to be the fertile land of modern democracy, the spirit of the 'rule of law' is undermined by the provision of "the king can do no wrong" and the special privileges reserved for the Lords in the Parliament. In USA, the broad range of powers the President exercises through Executive Privilege and his powers to pardon any convicted criminals appear to be a reincarnation of absolutism and a slap in the face of the Rule of Law.

(2) Executive Branch: (i) Assumption of Powers:  The executive body of Islamic government is headed by a Caliph, responsible for full compliance with the Quran and Hadith.  This position can not be filled up through family relations (i.e. dynastic rule) or other types of connections. The theory of Divine Right to Rule (invented by the absolute monarchy obviously for gaining loyalty) that dominated the European political culture for centuries has no relevance in Islam.  The Prophet as a ruler never behaved like a king; instead he saw himself as a humble servant of God.  What’s more, he stopped short of naming his successor even though there were obvious candidates from amongst his closest associates including Abu Bakr and Umar.  On the other hand, the Quran recognizes the ruler as one from “amongst you" (4:59). These points to the necessity of electing a Muslim ruler through universal voting or selecting through popular consensus.

(ii) Qualifications of the Caliph:  A Caliph should excel in both religious piety and governing proficiency.  As a representative of God, he is expected to successfully run the Quranic administration, living above any negatives including selfishness, favoritism, corruption, despotism etc.  By Islamic tradition, he who shows greed for powers or puts forward his name as a candidate is ordinarily considered disqualified for Caliphate. 

(iii) Accountability of Administration: The Caliph has no way to turn into a despotic ruler, as his powers are sharply limited by clear and definite provisions of the Quran and Hadith.  As long as he follows them, he has legitimacy for public office as well as entitlement to public allegiance, otherwise not.  Of relevance is the historic statement of the first Caliph Abu Bakr, "You have appointed me the Caliph, but I am not a better man than you.  If I perform well, you do cooperate with me; if I do wrong, you guide me to the right path.  Follow me as long as I follow God and His Prophet, and if I betray God and His Prophet, you are not bound to obey me."  Thus an Islamic government is primarily accountable to God and secondarily to the people.

(iv) Governance by Consultation:  Islam counts consultation as a center piece for governance.  The Quran praises the leaders "who conduct affairs by mutual consultation" (42:38) and urges them "to consult them (particularly) in the affairs (of moment) (3:159).  During early Islamic administration at Medina, 'Majlis-us-Sura' (comparable to a modern cabinet) used to give counsel to the Caliph.  Criticism or questioning of the performance of the Caliph by any common citizen was not only tolerated but also encouraged. For example, the second Caliph Umar said "He who points out my fault is a favorite of mine".  In this way, the Caliphate set up a model of truly responsible government.

(3) Judiciary: 
For handing out fair judgement to people, the early Islamic governments put into practice a virtual system of ‘separation of powers’ between three branches of government: executive, legislative and judiciary.  About a millennium afterwards, this idea was revived by the French scholar Montesquieu even though it was first theorized by Aristotle.

(i) Freedom of Judgment:
Accordingly, a judge of the Islamic court, once appointed by the Caliph, was allowed full freedom within the range of his judicial functions.  He was awarded pleasant benefit packages to keep him on the safe side from any financial temptation for undermining judgment   His job was to dispense fair justice to all regardless of social status, placing everyone high or low on equal footing in the eye of law.  The Caliph, unlike most modern day rulers, had no authority to pardon any conviction for committing any Quranic crimes (Hudud).  Instead, he himself was bound by judicial system to appear before the court (as Caliph Ali did at least on one occasion) for answering questions related to judgment.

(ii) Thoroughly Fair Judgment:
  Islam clearly spells out the responsibility of the judges that they "stand out firmly for justice, as witness to God, even if that goes against yourselves, your parents, your kin, or against the rich or poor" (4:135). They cannot “decline” or “distort” justice or otherwise give poor judgment due to reasons like angry mood, biased mind, personal whim or “lusts”, “hatred of others” and so on (4:135; 5:8).

(iii) Due Process:
  Judgment is to be dispensed on the basis of true witnesses, material or circumstantial evidences and full hearing of both plaintiffs and defendants who are also allowed to speak through attorneys. The Quran ruled that “the witnesses should not refuse when they are called on (for true evidence)”, let the “witness not suffer any harm. If you do (such harm), it would be wickedness in you” (2:282). In case of any faulty judgment, people have the right to criticize a court decision without risking any charges for 'contempt of court' known in modern times. They also have the option for appeal to higher court for reconsideration as well.  

Conclusion:
It appears from above analysis that the original brand of Islamic government, if put in place without any qualitative degradation, has enormous potentials to benefit the society.