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  • The Political Shariah (Qanoon-e-Siyasat): (1) The Basic Principle

    Posted by Umer on October 1, 2020 at 4:30 pm

    يَاأَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُوْلِي الْأَمْرِ مِنْكُمْ فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِنْ كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًا (59:4)

    Believers! Obey God and obey the Prophet and those of you who are in authority, and if you disagree among yourselves in any matter, refer it to God and the Prophet if you believe in Allah and the Last Day. This is better and more seemly as regards the consequences. (4:59)

    This directive was given to the Muslims when the Quran was being revealed and the Prophet (sws) was present among them. Consequently, they had the opportunity to refer back all their disagreements to him whenever they wanted. Obviously, since the authority of Allah and His Prophet (sws) is eternal, therefore in all affairs in which an eternal directive has been given by them, it is now incumbent upon those in authority whether they are the rulers or members of the parliament to submit to them forever. The orders and directives of these rulers can only be carried out subsequent to obeying Allah and His Prophet (sws), and only if they do not overrule or exceed the limits adjudicated by Allah and His Prophet (sws). Therefore, Muslims cannot enact any law in their country which is contrary to the Qur’an and Sunnah or without taking into consideration the guidance these sources provide. The believers indeed have a right to disagree with those in authority, but they cannot disagree with Allah and His Prophet (sws). In fact, in any disagreement between believers, the decision must be made in accordance with the Qur’an and Sunnah.

    However, there are certain stipulations regarding obeying those in authority in subservience to God and the Prophet (sws) which the Prophet (sws) has explained:

    Firstly, Muslims must fully cling to state authority in all circumstances. The Prophet (sws) has termed state authority as اَلْجَمَاعَةَ (al-jamaah) and اَلسُّلْطَانِ (al-sultan) and directed every Muslim to in no way disassociate himself from it. He has further clarified that if anyone does so, it is as if he has left Islam, and a Muslim who dies in this state is as if he died the death of jahiliyyah. The Prophet (sws) is reported to have said:

    مَنْ رَأَى مِنْ أَمِيرِهِ شَيْئًا يَكْرَهُهُ فَلْيَصْبِرْ عَلَيْهِ فَإِنَّهُ مَنْ فَارَقَ الْجَمَاعَةَ شِبْرًا فَمَاتَ إِلَّا مَاتَ مِيتَةً جَاهِلِيَّةً

    He who sees something despicable in his ruler should bear it, for he who even slightly disassociates himself from the state authority and dies in this condition shall die the death of jahiliyyah.[1]

    Another text of this Hadith reads:

    مَنْ كَرِهَ مِنْ أَمِيرِهِ شَيْئًا فَلْيَصْبِرْ فَإِنَّهُ مَنْ خَرَجَ مِنْ السُّلْطَانِ شِبْرًا مَاتَ مِيتَةً جَاهِلِيَّةً

    He who sees something despicable in his ruler should bear it, for he who even slightly disassociates himself from the obedience of the sovereign crown and dies in this condition shall die the death of jahiliyyah.[2]

    In times of political anarchy and chaos, the Prophet (sws) has directed Muslims not only to refrain from participating in any activity against the state, but also to obey state authority with complete faithfulness and sincerity. On one occasion, regarding this issue, the Prophet (sws), on these very grounds, is reported to have told Hudhayfah (rta): تَلْزِمُ جمَاعَةَ اْلمُسْلِمِينَ وَ اِمَامَهُم ([in such a state of chaos], you should remain attached to the state authority and to the ruler of the Muslims.) [3]

    Secondly, Muslims should be law abiding citizens of their country. Whatever laws are enacted should be obeyed in letter and spirit by them and in no way should they evade the law. Any disagreement, personal dislike, communal support or any sort of reservation should never lead them to breach the law, except if some law is enacted in disobedience to the Almighty. The Prophet (sws) is reported to have said:

    عَلَيْكَ السَّمْعَ وَالطَّاعَةَ فِي عُسْرِكَ وَيُسْرِكَ وَمَنْشَطِكَ وَمَكْرَهِكَ وَأَثَرَةٍ عَلَيْكَ

    It is mandatory upon you to listen to and to obey [your rulers] whether you are in difficulty or at ease, whether willingly or unwillingly and even when you do not receive what is your right.[4]

    عَلَى الْمَرْءِ الْمُسْلِمِ السَّمْعُ وَالطَّاعَةُ فِيمَا أَحَبَّ وَكَرِهَ إِلَّا أَنْ يُؤْمَرَ بِمَعْصِيَةٍ فَإِنْ أُمِرَ بِمَعْصِيَةٍ فَلَا سَمْعَ وَلَا طَاعَةَ

    Whether he likes it or not, it is mandatory upon a Muslim to listen and to obey his rulers except when he is ordered to commit a sin. If he is ordered so, he should neither listen nor obey.[5]

    اسْمَعُوا وَأَطِيعُوا وَإِنْ اسْتُعْمِلَ عَلَيْكُمْ عَبْدٌ حَبَشِيٌّ كَأَنَّ رَأْسَهُ زَبِيبَةٌ

    Listen and obey even if an Abyssinian slave whose head is like a raisin is made your ruler.[6]

    This directive of obeying those in authority obviously relates to Muslim rulers only. This is indicated by the word مِنْكُمْ (among you) which qualifies the word اُوْلُو الْأَمْرِ (those in authority) in 4:59, the verse under discussion. The Prophet (sws) while explaining this has stated that once a ruler fails to fulfil the conditions stated in the Quran that make him a Muslim, it is not necessary to obey him. ‘Ubadah ibn Samit reports:

    دَعَانَا النَّبِيُّ صَلّى الله عَلَيْهِ و سَلَمّ فَبَايَعْنَاهُ فَقَالَ فِيمَا أَخَذَ عَلَيْنَا أَنْ بَايَعَنَا عَلَى السَّمْعِ وَالطَّاعَةِ فِي مَنْشَطِنَا وَمَكْرَهِنَا وَعُسْرِنَا وَيُسْرِنَا وَأَثَرَةٍ عَلَيْنَا وَأَنْ لَا نُنَازِعَ الْأَمْرَ أَهْلَهُ إِلَّا أَنْ تَرَوْا كُفْرًا بَوَاحًا عِنْدَكُمْ مِنْ اللَّهِ فِيهِ بُرْهَانٌ

    The Prophet (sws) called us to pledge allegiance to him which we did. [A narrator said:] among the things on which we had been asked to pledge were the following: “We shall listen and obey whether willingly or unwillingly whether we are in difficulty or at ease, and even when we do not receive what is our right and that we shall not contest the authority of our rulers. You can only contest their authority if you witness outright kufr in any matter from them, in which you have a clear evidence from God.”[7]

    Similarly, some Ahadith say:

    إنه يُسْتَعْمَلُعَلَيْكُمْ أُمَرَاءُ فَتَعْرِفُونَ وَتُنْكِرُونَ فَمَنْ كَرِهَ فَقَدْ بَرِئَ وَمَنْ أَنْكَرَ فَقَدْ سَلِمَ وَلَكِنْ من رضي وَتَابَعَ قالوا يا رَسُولَ اللَّهِ ألا نُقَاتِلُهُمْ قال لَا ما صَلَّوْا

    People will rule over you some of whose habits you would like and others you would dislike. He who disliked their bad habits has no blame on him and he who rejected these bad habits also remained safe. However, he who was pleased with them and followed them would be called to account. The Companions asked: “Should not then we wage war against them.” The Prophet (sws) replied: “No as long as they keep offering the prayer.”[8]

    شَرَارُ أَئِمَّتِكُمْ الَّذِينَ تُبْغِضُونَهُمْوَيُبْغِضُونَكُمْ وَتَلْعَنُونَهُمْ وَيَلْعَنُونَكُمْ قِيلَ يَا رَسُولَ اللَّهِ أَفَلَا نُنَابِذُهُمْ بِالسَّيْفِ فَقَالَ لَا مَا أَقَامُوا فِيكُمْ الصَّلَاةَ

    The worst of your rulers are those whom you hate and who hate you; you curse them and they curse you. It was asked: “O Prophet of Allah! Should we not put them to the sword.” The Prophet (sws) replied: “No, as long as they are diligent in the prayer among you.”[9]

    However, even in these circumstances, no Muslim citizen has been given the permission to revolt against the government unless he has the backing of a clear majority behind him. The reason for this is that if the majority does not support him, then such a revolt would not be against the government; on the contrary, it would be against other Muslim citizens, which according to the shariah is فََسَاد ِفى الْاَرْض (spreading lawlessness and anarchy in the society) [10] – an offence regarded by the Quran to be punishable by death.

    The Prophet (sws) is reported to have said:

    مَنْ أَتَاكُمْ وَأَمْرُكُمْ جَمِيعٌ عَلَى رَجُلٍ وَاحِدٍ يُرِيدُ أَنْ يَشُقَّ عَصَاكُمْ أَوْ يُفَرِّقَ جَمَاعَتَكُمْ فَاقْتُلُوهُ

    When you are organized under the rule of a person and someone tries to break your collectivity apart or disrupt your government, kill him.[11]

    Moreover, it should also remain clear that if this revolt takes the shape of an armed uprising, then it should be subject to all the conditions of jihad imposed by the shariah. Consequently, no Muslim is allowed to take up arms in rebellion against the government unless he fulfils these conditions.

    (Javed Ahmed Ghamidi)

    (Translated by Dr. Shehzad Saleem)

    _________________________________

    [1]. Al-Bukhari, Al-Jami‘ al-sahih, 1217, (no. 7054).

    [2]. Ibid., 1217, (no. 7053).

    [3]. Al-Bukhari, Al-Jami‘ al-sahih, 605, (3606); Muslim, Al-Jami‘ al-sahih, 829-830, (no. 4784).

    [4]. Muslim, Al-Jami‘ al-sahih, 825, (no. 4754).

    [5]. Ibid., 826, (no. 4763).

    [6]. Al-Bukhari, Al-Jami‘ al-sahih, 1229, (no. 7142).

    [7]. Ibid., 1217, (no. 7056).

    [8]. Muslim, Al-Jami‘ al-sahih, 832-833, (no. 4801).

    [9]. Ibid., 833, (no. 4804).

    [10]. The Quran, 5:33.

    [11]. Muslim, Al-Jami‘ al-sahih, 832, (no. 4798).

    Umer replied 4 years, 3 months ago 1 Member · 4 Replies
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