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What Constitutes a Legitimate and A true Islamic state
Political Issues
Dr Farhad Shafti

 

It is one thing to seek power and revenge out of emotion and anger, but another to establish an Islamic state. If we are not good enough to do the second, then let us at least be brave enough to refrain from doing the first in the name of God!

We are responsible for our actions. If we come across an argument that questions the validity of our action, then the onus is on us to either revise our thought or to find an honest counter argument in our conscience. Without this or that, we may find ourselves at the doors of Hell in the hereafter. This is even more important when our actions affect human beings’ lives and also influence how Islam and Muslims will be perceived by the rest of the world. 

The following 15 points refer to some of the requirements and principles related to those who are after or are part of a so called Islamic state. Ignoring even one of the following can make the situation “state versus Islam” rather than “Islamic state”:

 

1. Establishing an Islamic State is not an Obligation

Contrary to a common belief by many Muslims, we do not have any evidence in the reliable sources of Islam that obliges us to work towards establishing an Islamic state. Having an Islamic state is of course helpful and it will lead to some duties for both the state and the citizens. However, there is no basis to argue that this is an obligation.

 

2. No Head of State can be Forcibly Imposed on Muslims

The basis of making an Islamic government is consultation or shura (42:38). This is what differentiates a legitimate government from a non-legitimate one. This means people delegate the selection of the head of state to their elected representatives. This may also materialize in the form of voting. In any case, the source of political authority is people, not arms and force of a particular group. The Prophet (sws) did not tell the people of Madinah that he wanted to establish a state in their land. It was the people of Madinah who demanded the Prophet (sws) to be their ruler.

 

3. Implementing Justice the Main Objective of an Islamic State

The first and the foremost duty of an Islamic state is to bring justice to the land (4:58). Contrary to what many believe, implementing the shari‘ah is not the real sign of an Islamic state. Everyone can punish a thief or regulate financial transactions. It is establishing justice that is a definite sign of an Islamic state. This of course does not mean that this is the only sign.

 

4. An Islamic State looks for Excuses to Ignore and Forgive

The most important attitude of an Islamic state should be the attitude of rahmah (passion and mercy). This was also the attitude of the Prophet (sws) towards both Muslims and non-Muslims. On the basis of this the Prophet (sws) was not keen to look for criminals to punish them. He would not send his companions around to look at every corner of the land in the hope of finding someone who was committing a punishable act. On the contrary, he would ignore such criminals unless they created anarchy in the land or were brought to justice by other citizens or would themselves insist on being punished. Even in these cases the Prophet (sws) would look for excuses to reduce the level of punishment for the person.  

 

5. Force People to Convert or leave their homeland has no Basis

None of the wars at the time of the Prophet (sws) were to force Islam on others. Islam does not mean submitting to Muslims! It means submitting to God. God does not appreciate forced submission otherwise He would have obliged people to accept His religion (2:256). The offensive wars at the time of the Prophet (sws) were all based on the Sunnah of the Almighty “specific” to the time when a Messenger is sent to a nation (58:21). According to this Sunnah once the direct addressees of a messenger reject the message for no other reason but their own arrogance, their punishment will start at this very world and continue in the Hereafter (9:13, 14). This is why the rejecters from among the people of Noah (sws) were punished and this is also why the rejecters from among the people of Muhammad (sws) were punished. Jizyah (non-Muslim tax) too was a form of punishment for the people of the book “at the time of the Messenger (sws)” who rejected him despite knowing the truth of his message (6:20). At our time no one has any authority to threaten others to force them to become Muslims. Just as no one has any authority to demand Jizyah from non-Muslims in a Muslim land. All the verses of Surah Tawbah that are normally referred to in order to force people in Islam are specific to the Messenger (sws), his companions and the rejecters at his time. This is all God’s business not ours!

 

6. Difference between an Infidel (kafir) and non-Muslim

A non-Muslim is one who is not a Muslim. Based on the Qur’an, an infidel (kafir) is one who rejects the truth out of arrogance. This is particularly the case when God sends a messenger and the messenger, with the help of divine support, clarifies the truth for his direct addressees. At our time, no one can claim that he has clarified the truth for others and no one can claim that the reason for which a person has rejected the truth is in fact arrogance. Therefore at our time we cannot call non-Muslims, infidels (kuffar). We cannot assume the role of a messenger of God or God Himself!

 

7. The Shiite and Sunni sects are both Muslims

The criteria for being part of the community of Muslims according to the Qur’an is accepting God and His Prophet (sws) and establishing payers and paying zakah (9:11). Both Shiite and Sunni sects are doing this. They are therefore both equally Muslims.

 

8. Capital Punishment is allowed for only Two Crimes

Life is a precious gift of the Almighty. We are not allowed to kill even animals without God’s permission, let alone a human being. According to the Qur’an, there can only be two reasons why a human being may be executed. The first is to punish a murderer, the second is to punish one who systematically and forcefully works to create anarchy and insecurity in the land (e.g. armed groups of bandits). Any other act of killing is equal to murder and punishable in this world and the hereafter (5:32, 33). 

 

9. Killing Civilians (non-combatants) is forbidden

The women of Quraysh used to be very influential in encouraging their men to fight with Muslims. Yet, according to reports, the Prophet (sws) did not allow harming them and when he heard that a non-combat woman had been killed, became angry with the person who was responsible for this (Bukhari, 4:52:257, Muslim 19:4319).

 

10. The Motivation is Islam not Emotions

The Prophet (sws) did not fight people because of being angry with them or for revenge or to scare them off. He fought them because this was what God wanted him to do. No matter how one may be treated by others, or how oppressed a nation is, one can only seek a solution based on the principles of Islam. One needs to submit to God rather than to one’s emotions and anger.

                                                                              

11. There is no Slavery in Islam

Islam only regulated a practice that was firmly established in most of the world at the time of the Prophet (sws). Regulations of Islam about slavery are working towards its elimination rather than development. There is no basis at our time to seek slaves in the name of Islam.

 

12. Difference between Bid‘ah and New Practices

Bid‘ah (religious innovation) by definition relates to any religious act that is not originated in Islam but is added to the corpus of Islam as part of the religion of Islam. By this definition, acts that are not within the context of religion (e.g. sitting on chair) or acts that are within the context of religion but are not claimed to be part of the religion of Islam (e.g. reading the Qur’an together) are not acts of bid‘ah.

 

13. Prisoners of War cannot be Executed

First, just as killing non-combatants is not allowed in Islam (point 9), keeping a non-combatant as a prisoner or for ransom is also not allowed. Second, there is no basis in Islam for executing or harming prisoners of war. They should be released either for free or in return for a legitimate demand or according to the contracts between the nations. As long as they are kept as prisoners they should be treated well. 

 

14. War does not justify Inaccuracy 

According to the reports, when the army of Islam was marching towards Mecca to capture the city, the Prophet (sws) appointed one of his companions to guard a dog who was feeding his puppies in their way. This is in fact an illustration of attitude of ihsan in the Prophet (sws) as instructed in the Qur’an, 4:125. In no circumstances is a Muslim allowed to create disorder and expand violence and chaos in order to achieve what he/she perceives as an Islamic objective.

 

15. Following Agreements Supersedes the Welfare of Muslims

The Qur’an (8:72) instructed Muslims in Madinah to help those Muslims in Makkah who were under oppression. Then an exemption was given: Unless this means going against those non-Muslims with whom Muslims have signed an agreement. Following agreements is so important in Islam that the Muslim state was forbidden to help oppressed Muslims since this meant breaking agreements with the oppressing non-Muslims.

 

 

   
 
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