Channel: Jamal Badawi
Back to another
program Assalamu alaikum peace be unto you. I'm your host Mr. Rashid. Today we have our 11th program in our series dealing with the political system of Islam. Today we'll be discussing the guiding principles of Islamic government. I have joined me on the program as usual Dr. Jamal battery of segments University brother Jamal Assalamu alaikum money.
Last week when our 10th program in the series, we had an excellent discussion of the concept of shore or consultation in Islamic State. Can I have you fast before we get into today's program very quickly summarize the main points that we touched on in that program.
We mentioned that mutual consultation or Shura is a very important principle in government. And when society for sure that what I have shown is something which is proven amply from the Quran from the prophetic saying and behavior as well as the action of the rightly guided caliphs.
He also indicated that the scope of Shura should include all issues of public interest, but not necessarily every minor administrative decision. However, we said also, that if the administrative decision is of such importance, magnitude, that it's required shorter than it should also be subject to shorter consultation,
indicates also that the results of Shura should actually be binding on the ruler, or else it becomes a mockery to consult and not to opinion, especially in significant issues, as well as the mechanism of implementation of consultation. Oh, sure. You said that this could vary depending on the issue. And depending on the circumstances, it could be in a form of public referendum, just like the earlier discussion in the mosque, or the Prophet, and the during the days of the guided tariffs, or it could take place, through representatives simply representing the people, or in some cases, consultation could be with the experts who have certain expertise in technical matters, but still
subject to the control and approval of the of the representative Council, whatever it's called.
And we also discussed briefly about the cases where there is difference of opinion,
or progression between the head of the state and that Council, and the person way of resolving that particular conflict. And finally, the issue of possibility of removal of the head of the state, if people are not satisfied with his performance, especially if he is committing a grave act against another person. If I may just add one little thing here that we didn't have time last week to, to mention is that in Islam, the ruler is a little different also from ruler and other so called democracies, because in democracies, the ruler is essentially accountable before the representative Council, in Islam is, above all, heads responsible before Allah, in terms of his own consciousness
and seeking the pleasure of Allah, not disobeying him. Secondly, he is responsible before a representative concept who could possibly also remove him from office. And thirdly, he is responsible before even any person, any of the members of the public of his community, he can step in in the street as it happened with the right guy like the guy that can
question him consultant issues. And his responsibility or accountability is not only on administrative decisions, but even on his own moral behavior as an individual, there's nothing called private because he should be the good model an example for the Muslim so in that sense, it's even wider and greater responsibility.
turning out further discussion of some of the guiding principles of Islamic government. A common concern of all people in all times, is the question of justice and government. How is that question viewed in the political system of Islam
One as a principle, it's applies to the political system as well as other areas also even on the individual level. So perhaps it might be useful to just give a few differences in the Quran to show the importance of the principle.
in one of the earlier programs, we go through the verse, verse 25, in chapter 57, in the Quran, which are the whole objective of sending messengers of prophets, and sending revelation with them, it's not just the spiritual matter, but also so that people stand up for justice.
The Quran also in numerous places, emphasizes the same principle in 1690, in Allah,
God ordained or in giants, justice and goodness.
In chapter four, verse 58, that it says that God or Allah or deems you to give trust to the people and when you rule among people that you should rule, injustice.
Even in the justice in the spoken word is also emphasized in chapter six, verse 152, it says what you could do when you say something,
then say a word of truth and justice, even if it is against your relatives.
Not only this, but even in realization that some people may have certain biases against people who are not okay, relate them to the Quran wounds in chapter five, verse nine, it says, Don't let your aversion or hates it other people, or even aversion to people, cause you to be
unjust, D just this is closer to piety.
The counterpart of the oppression and injustice is as much condemned in the Quran as injustice is commanded.
In the Quran, for example, in chapter 26, verse two to seven, like many other verses, in similar nature, emphasize that one of the reasons of the destruction of nations in the past was that they were oppressive.
The prophetic saying are also along the same line. In one famous saying of the Prophet which is narrated in both query and Muslim. The Prophet indicated that among seven categories of good people who would be under the shadow of protection of Allah in the day where there is no protection, but his and he says, imagine a ruler, the roads, injustice.
The Prophet also warned as narratives in Muslim, that have their model met, which means oppression is like darkness or will cause the person to suffer in the darkness and develop judgment. In both Bukhari and Muslim it says that God would leave the unjust or oppressors. But when he takes him, he would really give him severe punishment, as a principle is very much emphasized, as you might have seen also, from the verses cited, it doesn't just talk about justice in general, but it seems some of the symptoms like also clearly and justice, which is an important part of the implementation of this value,
to deal with the scope of the levels of implementation of
elaborate a bit on that, even beyond the broader emphasis on what you can look at it almost on any individual on any level.
On the family level,
there is also applicant limitation of justice with respect to the what happens during engagement in marital relationship, marital contract,
the rights and duties between husband and wife, the protection of duties and justice in the case of of divorce or dissolution of marriage, rights of your children, parents and directors, this was all covered in the social system of the stamp as part of the family structure.
It could also be justice,
in terms of individual relationship, not only with his family, but with people around him in his own small environment. It could be justice in the level of smaller neighborhoods.
As we have seen, for example, in become existence none how people would be responsible in any particular locality or neighborhood. If one of them spent the night hungry.
On benefit of the state we have seen again, it can turn rolling in justice and fairness, to make sure to provide the basic necessities and needs of people regardless whether they are Muslims or not.
Muslims, everybody should be looked after. That is justice also on the level of the world on more universal level, in a sense of fighting oppression and tyranny wherever they are practiced and to try to liberate people, this is not concrete, it's actually to liberate people from a tyrannical forces that is usurping
the basic freedoms.
And in this particular sense, there is no exception for anyone. If you talk about the scope, the scope involves everybody who lives alone. And then Islam. The learner doesn't have any special immunity is also subject to the same laws as everybody else. There is no exception of someone who because he's rich or come from another family or whatnot. Actually, one of the warning that doesn't Hammad made he said that one of the reasons of the decline of nations before you is that when a person who is that should not commit a theft, they let him go. But when a poor steals, they apply the penalty to him. So the scope, you can almost name any level where justice
On another question, which is related to justice is the quality of citizens in a truly Islamic State?
Could you perhaps explain that situation, perhaps another cross reference may be useful in the beginning, also are the social system Islam. There were more details on that. So just perhaps tried to capture the point that would help us understand the topic at hand. But the basic points to relate here is that Islam emphasizes the origin of human equality. And we're not just talking about equality of a certain group or segments, that human equality and equality of all human beings, and that's the Quran, express it in, for example, Chapter 49. In the beginning of chapter four, it shows that all human beings come from the same origin, that is from same parents, all human beings share
one basic human nature, all human beings are going to die, all of them are going to stand before a law or God into their judgment to give account of their lives. So in that sense, then, the view of Islam is more universal in terms of
some fundamental foundation of human equality might recall the verse For example, Chapter 14, verse 13, of mankind, who created you males and females, and we multiplied you into nations and tribes, that you may get to know one another. More than others of you in the sight of Allah is the most pirate or one who's most
The Prophet peace be upon him, President Hamad also emphasized the same meaning and he, addressing his people, all the time you said that God or Allah has relieved you from the fanaticism of January or ignorance, days of ignorance private prior to Islam, and of its pride in ancestors.
Whether you are pious believers, a person could be either a pious believer or a miserable wicked person, you are the children of heaven, she had been used, burgers are the children of Adam. And Adam was created from dust that was narrated in Germany. And
maybe one can add here also that with this broader
expression of equality, it means that not only are people equal because they belong to one, religion or faith, that it is equality, which involves Muslim or non Muslim under the protection or the administration where Islamic state
that it involves equality before the law and equality also before the courts of law.
Well, now, your answer seems to imply as well very freedom of religion in the Islamic State is interpreted correctly. Yes, you did. Actually. This is part of the among them the freedoms and liberties that Islam guarantees, that is when any government sincerely and truly implement them, this should be the situation.
But I would like to call it more actually or put the freedom of religion in the brothers type of freedom or category by we can call it let's say freedom of conscience. Because freedom of conscience involves both freedom of religion.
Freedom of Expression also,
as well as freedom of religion, this is something that the Quran confirms over and over again, as opposed to quote at least one verse in chapter two, verse 266.
It says, Let be no compulsion, and there isn't, you can't compel people to believe any particular religion. And after all, Islam, by definition is voluntary and conscious submission to the will of God and following his path. So it's illogical to say, you know, you've got to believe you can force people to do things that you can force them to believe things.
But freedom of religion also is,
as much as it's emphasized, there is also emphasis on the respect of religion. And that's why, for example, turning away from truth and beliefs,
and the supremacy of God after the person has already freely accepted the religion, especially if it's done publicly in such a way, causing
no dissent, and sometimes used as legal manipulation,
to take advantage of the personal note, which varies between Muslims and non Muslims, that maybe
take advantage by legal manipulation of causing collusion in society, and disturbing public orders is something which is strongly disclosed.
So within the reasonable boundaries, of respect of religion, not making it like you know, play,
freedom of religion is has been very much emphasized. And that includes also not only the freedom to believe, but the freedom to practice what one in his own conscience
wishes to practice, as the Quran puts.
It says in chapter 10, verse 99, if God will,
the whole population of Earth, all human beings would have been believers, even addressing the Prophet says, Are you doing them to force them
to be believers, which means we can't force people into the universe? And another version of our answer is remind your only reminder you are not sent as God.
So fundamental religious freedom,
very clearly, chimed in to
the other aspect of freedom of conscience, and that is the freedom of expression. Can you explain that? The other side of it? Yes, yes. The freedom of expression is not only regarded in Islamic political system, as you predicted, at least here, not only does it as a right, but actually as a duty as an obligation. In fact, the Quran speaks of the collective duty of Muslims, individuals and collectives created
to ordain the good and forbid the evil. And, again, for Christopher's purposes, in the early parts of the social system is done under the topic of social responsibility, they were much more detailed discussion of that issue.
The Prophet as married to the Muslim said that,
that is, if any one of you sees something which is indecent, unjust improper, they can try to change it by hand, if you cannot change it by hand, you should try to change it by his tongue. By the way, thank you, it was not a spoken word, it could also be a written word. And it was not able to change that is neither by hand or by tongue,
then let him at least feel bad about it. Let him feel, rejecting this kind of acts in his own heart. And he said that this is the new stuff, you can just be totally apathetic, even around you. Details of course, we'll discuss as to how exactly to do it and under what circumstances with any of this means be used and so on. So, just make for refer
for further details to that. But more specifically, the prophet also indicated that do not see how that religion to religion is sincerity and advice. And when they asked him, to whom it served sincerity to Allah, sincerity to the Prophet, and he added sincerity and advice to all Muslims, in public or private that is enhanced individuals as and also sincerity and advice to a man which means people empowered. So the duty to advise those in power, even though you might have already chosen them and agreed to the leadership
As part of the responsibility, that is why we find
our second clip after the Prophet. One time he stood. And he addresses the people address the people, you know, talking to them about certain issues. And then he said, if your people see me as
anything crooked or anything less wrong than improper, please correct me. So one of the people sitting there, he said,
if we find some crookedness, or running action on your part, we will correct it even with our shorts on here didn't say to him, he's threatening the state or the person of the head of the state. He looked at him and he said,
lol a hierarchy.
That is serious, criticize, because there is no good in new people, unless you feel free to criticize. And there is no goodness in us. If we don't listen to your suggestions, and criticism. This is the true spirit of Islam. You're not talking about what people who claim to be Muslims practice. But this is what true Islam means and what true Muslims and committed Muslims have always practiced another great Muslim.
created after the Prophet peace be upon him. And his time, there was a group who devoted and
will recall Harare's of parasites, as some references call them. And they had a very harsh assessment of it. Some of them even considered him not a big believer, they used to attack him in slander.
And despite all of that, in spite of they're almost called for rebellion against the government or of this verbal assault,
alley, they never adjusted them, he simply told them, we are not going to initiate or begin any fight with you, unless you do that, or unless you start doing corruption on here, unless you really become violent, and do something that is of course against the law and against public order, then we will fight it, but otherwise, the person him and he let them
apply until they do something really punishable by, by law. And we're talking about the seventh century in the Christian hero, not 20th century.
But of course, the question of freedom of expression, like in any other setting, or any other place, it should be also quantified by the society that one should not use that or abuse it to be more accurate, slander others, to accuse them or attack them unfairly. A freedom of expression does not mean the freedom also to spread corruption and pornography or things of that sort. So within the reasonable decency, rights of others, respect the rights of others, public orders, and security of the state.
expression of freedom or expression of opinion, is totally free.
It's a duty.
The questions of the question whether our basic personal freedoms, how are these guaranteed in Islamic political system? Magna Carta? In other words, yes, it's interesting to note is that many people think that the best documents in recent times in other personal freedoms, goes back to the
Magna Carta, which emphasizes the rights of people of course to
to have their freedom and that they would not be arrested, at the tree without charge cannot be detained, detained, without a specific charge or court order.
But in fact, the principle goes much, much before 1919, it was actually to nine to the seventh century, in the Christian era. In fact, there was a case where a person was arrested or detained in the days of the Prophet, peace be upon him. And somebody came to complain to the Prophet.
Why, by what guilt was that person second, and there was silence. The process gets quiet until the right. The second time the person asked, why would that person detained? The purpose kept quiet the first time, the question was asked
and kept quiet for a while, and then he ordered his release, which means, as some jurist interpreted that whoever made the arrest and terms of the executive branch in the Islamic State, was given three chances and the mosque because that was in public, to come forward and say, Yes, he was arrested or detained because of this or that. So the three chances were given, and since there is no there was no particular charge or evidence presented.
He ordered his release, if you hear it, but just change the situation instead of the mosque in a courtroom. It is exactly what happened today, but somebody would be detained for no more than so many hours. And without a specific charge, a person must be released. This is sometimes referred to in legal language as the habeas corpus necessary the freedom of the person
for the world as the Quran indicated in numerous places, especially in chapter 17, verse 170. And that is it was often reserved for that no person would be charged with the guilt or mistake done by someone else. As you know, in previous points in history, a person could be punished, a son could be punished for the death of his father and the reverse, that in Islam, nobody can pay for the crime or mistake committed by anyone, no matter how close.
The free this freedom involves also the freedom of movement. Indeed, some jurists defer to the version for an in chapter 67, particularly 16, where God speaks, that he created for us the earth, that you should walk into the expense of the earth, and seek this provision. And as such, nobody has the right to impose any restriction on your freedom of movement, except in exceptional cases during the warfare when it says don't travel to the land of the enemy or whatever. But other than that, people are free to move and live wherever they want. It is unfortunate, as you know, that in our age, in the 20th century, there are places like Anatolian regimes in Eastern Bloc, where people even
might not have that much freedom to, to move.
Freedom also involves privacy, the right to privacy, and the Quran in chapter 24, verse 27, it says, one is not supposed to enter into homes, or places of residence without seeking permission of the people. And there is a little interesting story that it was said that once the second kill is after the Prophet knew that some people were drinking, which is a violation.
So he climbed over the fence and got them say, I gotcha. So one of them said, Yes, we are doing wrong, we are drinking. But we did one thing wrong, you did three things which are wrong. So how's that? He said, The Quran says you should take permission and he didn't take permission. Secondly, the Quran says seek permission
before entering, and you didn't think the Quran says you should come from the proper doors, and you can find it
depends. And thirdly, the Quran says don't spy and you spied on us. And Homer has no choice but saying all right, no punishment can be
mistaken, procedures, even though the person has already been caught, David. So all of these are just examples of the nature of personal freedom.
We only have about a minute or so left on the program, or very quickly, are there any other aspects of freedom, which you might want to add? And hopefully, perhaps we can put them in a form of more or less like listening? Yes, for example, in our discussion previously, in the economic system of Islam, it was emphasized also that the freedom of work, the person is free to work in any profession or any job. Some guys it's not forbidden, because of its immorality, like you know, pornography or prostitution things of that sort, unless something has been forbidden for any person can choose whatever profession or job that he or she prefers, the freedom to learn. And it was indicated also
in some occasions in the past, that learning is not only a right it is also a responsibility and then to cheat on the people.
The general liberties,
to be brief, which relate to human dignity, are all based on a verse in the Quran in chapter 17, verse seven, but God says that we surely have accorded dignity to the children of Adam. And when it says Children of Adam, it means everyone.
So today, we want to thank you for watching our program invite you back next week when we'll continue with our series dealing with the political system of Islam as my multicam peace BMD you