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The Political Law of Islām (The Basic Premise)
Political Issues
Javed Ahmad Ghamidi
(Tr. by:Dr. Shehzad Saleem)

 

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 (٥٩:٤)

Obey God and 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 are believers 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 Qur’ān was being revealed and the Prophet (sws) himself was present among them. Consequently, they had the opportunity to refer back all their disagreements to the Prophet (sws). Obviously, since the authority of Allah and His Prophet (sws) are eternal, therefore in all affairs in which an eternal directive has been given by them, it is incumbent upon those in authority whether they are the rulers or members of the parliament to forever submit to these directives. The orders and directives of those in authority can only be obeyed after obeying Allah and His Prophet (sws), and only if they do not overrule or exceed the limits adjudicated by these two authorities. Therefore, in an Islamic State no law can be enacted contrary to the Qur’ān and Sunnah or one which does not take into consideration the guidance provided by them. The believers indeed have a right to disagree with those in authority, but they can have no disagreement with Allah and His Prophet (sws). In fact, if such a situation arises with those in authority, decisions must be made in the light of the Qur’ān and Sunnah.

However, there are certain stipulations regarding obeying those in authority which have been explained by the Prophet (sws)

Firstly, Muslims must cling to state authority in all circumstances. The Prophet (sws) has termed stated authority as ‘الجماعة’ (al-jamā‘ah) and ‘السلطان’ (al-sultān) and directed every Muslim to never disassociate himself from it. If anyone does dissociate himself from state authority, it is as if he has left Islam and a Muslim who dies in this state it is as if he died the death of Jāhiliyyah (the days of the age of ignorance that prevailed in Arabia at the advent of Islam). 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 (بخاري: رقم ٧٠٥٤)

He who sees something despicable in his ruler should bear it, for he who even slightly disassociates himself from the state system and dies in this condition shall die the death of ignorance. (Bukhārī: No. 7054)

Another text of this Hadīth reads:

مَنْ كَرِهَ مِنْ أَمِيرِهِ شَيْئًا فَلْيَصْبِرْ فَإِنَّهُ مَنْ خَرَجَ مِنْ السُّلْطَانِ شِبْرًا مَاتَ مِيتَةً جَاهِلِيَّةً. (بخاري: رقم ٧٠٥٣)

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 ignorance. (Bukhārī: No. 7053)

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, on these very grounds, he is reported to have told Hudhayfah (rta): ‘تلزم جماعة المسلمين و امامهم’ (talzimu jamā‘ata’l-muslimīn wa imāmahum: [In such a state of chaos], remain attached to the state system and to the ruler of the Muslims.)1

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 religious reservation should never lead them to breech the law, except if some law is enacted in open disobedience to the Almighty. The Prophet (sws) is reported to have said:

عَلَيْكَ السَّمْعَ وَالطَّاعَةَ فِي عُسْرِكَ وَيُسْرِكَ وَمَنْشَطِكَ وَمَكْرَهِكَ وَأَثَرَةٍ عَلَيْكَ (مسلم: رقم ١٨٣٦)

It is your duty to listen and 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. (Muslim: No. 1836)

عَلَى الْمَرْءِ الْمُسْلِمِ السَّمْعُ وَالطَّاعَةُ فِيمَا أَحَبَّ وَكَرِهَ إِلَّا أَنْ يُؤْمَرَ بِمَعْصِيَةٍ فَإِنْ أُمِرَ بِمَعْصِيَةٍ فَلَا سَمْعَ وَلَا طَاعَةَ (مسلم: رقم ١٨٣٩)

Whether they like it or not, it is obligatory on the faithful to listen and to obey their rulers except when they be ordered to commit a sin. If they are ordered so, they should neither listen nor obey. (Muslim: No. 1839)

اسْمَعُوا وَأَطِيعُوا وَإِنْ اسْتُعْمِلَ عَلَيْكُمْ عَبْدٌ حَبَشِيٌّ كَأَنَّ رَأْسَهُ زَبِيبَةٌ (بخاري: رقم ٧١٤٢)

Listen and obey even if an Abyssinian slave whose head is like a raisin is made your ruler. (Bukhārī: No. 7142)

This directive of obeying those in authority obviously relates to Muslim rulers only. This is indicated by the word ‘منكم’ (minkum: among you) which qualifies the word ‘اولو الامر’ (ūlu’l-amr: those in authority) in 4:59, the verse under discussion. The Prophet (sws) while explaining this has stated that once a ruler does not fulfill the conditions stated in the Qur’ān that make him a Muslim, he is not to be obeyed. ’Ubādah Ibn Sāmit reports:

دَعَانَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَبَايَعْنَاهُ فَكَانَ فِيمَا أَخَذَ عَلَيْنَا أَنْ بَايَعَنَا عَلَى السَّمْعِ وَالطَّاعَةِ فِي مَنْشَطِنَا وَمَكْرَهِنَا وَعُسْرِنَا وَيُسْرِنَا وَأَثَرَةٍ عَلَيْنَا وَأَنْ لَا نُنَازِعَ الْأَمْرَ أَهْلَهُ قَالَ إِلَّا أَنْ تَرَوْا كُفْرًا بَوَاحًا عِنْدَكُمْ مِنْ اللَّهِ فِيهِ بُرْهَانٌ (مسلم: رقم ١٧٠٩)

The Prophet called us to pledge allegiance to him which we did. We had been asked to pledge to 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. The Prophet of God said: You can only refuse their submission if you witness outright Kufr in any matter from them, in which you have a clear evidence from God. (Muslim: No. 1709)

Similarly, some Ahādīth say:

سَتَكُونُ أُمَرَاءُ فَتَعْرِفُونَ وَتُنْكِرُونَ فَمَنْ عَرَفَ بَرِئَ وَمَنْ أَنْكَرَ سَلِمَ وَلَكِنْ مَنْ رَضِيَ وَتَابَعَ قَالُوا أَفَلَا نُقَاتِلُهُمْ قَالَ لَا مَا صَلَّوْا (مسلم: رقم ١٨٥٤)

Soon you will find people ruling 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 refuted them 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. (Muslim: No. 1854)

َشِرَارُ أَئِمَّتِكُمْ الَّذِينَ تُبْغِضُونَهُمْ وَيُبْغِضُونَكُمْ وَتَلْعَنُونَهُمْ وَيَلْعَنُونَكُمْ قِيلَ يَا رَسُولَ اللَّهِ أَفَلَا نُنَابِذُهُمْ بِالسَّيْفِ فَقَالَ لَا مَا أَقَامُوا فِيكُمْ الصَّلَاةَ (مسلم: رقم ١٨٥٥)

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 lift arms against them. The Prophet (sws) replied: No, as long as they establish the prayer among you. (Muslim: No. 1855)

However, even in these circumstances, no one 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 Sharī‘ah is ‘فساد فى الارض’ (fasād fi’l-ard: spreading disorder in the society) -- an offence 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. (مسلم: رقم ١٨٥٢)

You are organized under the rule of a person and someone tries to break your collectivity apart or disrupt your government, kill him. (Muslim: No. 1852)

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

(Translated by Shehzad Saleem)

 

 

 

1. Muslim: No. 1847

   
 
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