| | | On Social Reform |  |
| | | كاتب الموضوع | رسالة |
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أحمد محمد لبن Ahmad.M.Lbn
مؤسس ومدير المنتدى
عدد المساهمات : 49023
العمر : 72
| | موضوع: On Social Reform الخميس 02 يونيو 2022, 4:12 am | |
| On Social Reform
Purifying the Individual's Moral Character
The Islamic Message introduced a social revolution unprecedented in the East or West in ancient or modern times. One of the most important aspects of this revolution was the moral and spiritual transformation which Muhammad exemplified in his deeds and personality and in the principles he advocated in accordance with the letter and spirit of his Message. This transformation is at the root of the precepts aimed at social amelioration, for the reformation of the individual is the basis for the reform of society.
In His description of Muhammad, the Almighty declares, "And lo! thou art of sublime morals." And Muhammad says, "I was sent in order to complete the virtues of character," and "My Lord has made me upright and has surely done so."
Noble qualities abounded in his fine character; truthfulness, beneficence, recognition and fulfillment of duties, forbearance, meekness, fortitude, courage, profundity, humbleness, forgiveness, and loyalty were a few of the outstanding traits that endeared him to the hearts of men. His followers became so attached to him that they did not hesitate to renounce their unbelief and even forsake their fathers and sons.
Centuries have gone by, but the character of Muhammad has remained so distinctive and forceful that not even those skeptical of his Message can ignore it.
The words of God are a testimony to that:
"...in truth they give not thee [Muhammad] the lie, but evil-doers give the lie to the revelations of Allah."
His exemplary conduct had the greatest influence on the spiritual and moral transformation which was accomplished both in his day and following his death. The faith he espoused and the religious tenets he preached have had similar consequences. The principles of equality, brotherhood, justice, and freedom which he defined as integral elements of faith have accomplished their task by engendering a righteous character and a noble spirit in society. Of greatest effect has been the belief in the one supreme God, to Whom belongs all power and authority, in Whose hands lies the power to reward and punish, to grant and withhold, and in Whose Kingdom and worship people become equal. This belief perfects the human spirit, liberates it, and directs it toward the common welfare and the all-powerful God Who controls the destiny of all things and judges acts by the intention that motivates them, of which He is aware. With this belief Muhammad pointed out the path to virtue.
He who has attained a virtuous character does not deceive, for he cannot conceal his deception from God or derive any benefit therefrom. Truthfulness, therefore, has become one of the mainstays of moral character in Muhammad's Message. Lying and deceiving draw one away from God and bring only ruin to one's undertakings. Thus, it is impossible for the truly believing Muslim to be a liar or a deceiver.
The believer possesses a brave heart, and has the courage to express his views. He fears not death because he is possessed only by God. His soul is exalted, and he is propelled forward, even to martyrdom if necessary, in order to defend the truth and to protect himself and his brethren in bondage to God against tyranny and disdain. He who is faithful to this belief cannot be a yielding coward. He lives to defend himself and his fellow man against the evils of life, and endeavors to repel them with his own life.
The believer holds that God is the One Who gives and withholds, granting freely to whoever pleases Him without account; he is therefore not miserly with his possessions, but is a generous giver. Thus does he please the supreme Giver; he seeks His bounty and favor by living generously with his brethren, God's bondsmen. The believer cannot then be selfish; his belief prevents him from occupying himself with possessions, for he knows he would thereby deprive the children of God from sharing in His bounty. He seeks to express his humanitarian inclinations by being charitable to others and by leading a life of contentment with himself, his relations, his neighbors, his nation-with all people.
He is well-mannered, sociable, faithful, and sincere because such traits are essential for the perfection of his faith through his submission to the Supreme Being, Who has elevated him and appointed him as His representative on earth, His khalifah.
The Islamic doctrine which Muhammad preached and firmly established in the hearts of his Companions and other followers is in itself the greatest pillar of social righteousness. This doctrine has given birth and organization to a spiritual, moral, and virtuous life for the Muslim, and thus occupies the supreme position in his heart. A substance has value and importance only to the extent that it leads to righteousness, that it glorifies and solidifies this spirit.
In the Islamic society which enjoys true faith, the spirit of materialism cannot dominate a man's character and behavior in the way it has dominated much of the world in recent times.
It has been related that when Sulayman, the Umayyad caliph (A.D. 715-717) and the son of `Abd-al-Malik, went to al-Madinah for a visit, he sent for Abu-Hazm and asked him to give a discourse. Abu-Hazm dutifully obliged, addressing the Amir al-Mu'minin (Commander of the Faithful) in these words: "Take not possessions from other than their proper place, and deposit them not except with whom they belong." The Caliph inquired, "And who is capable of so doing?" Abu-Hazm replied, "He whom Allah has granted control over the affairs of subjects as He has granted you." The Caliph then said, "Preach to me, O Abu-Hazm."
Abu-Hazm proceeded: "Know that this command fell to you upon the death of your predecessor, and it will depart from your hands in the same manner it came into them." The Caliph then asked, "Why do you not come to us?" Abu Hazm answered, "And what would I do if I came to you, O Commander of the Faithful? If you drew me nearer, I would be distracted from my way; and If you sent me away, you would disgrace me; and you do not possess what I would ask for, nor do I possess anything that I fear you for." The Caliph then said, "Ask me, then, for what it is you want." And Abu Hazm replied, "I have already asked Him Who is more capable than you; whatever He grants, I accept, and whatever He withholds pleases me."
Here we have an example of the imprint of Muhammad's Message on the character of man, exalting and purifying it. The annals of Muhammad's Companions and followers- for that matter, of Muslims everywhere-abound with fine examples of Godliness, kind treatment, the shunning of turpitude, and faithful counseling of God's bondsmen.
It is said that one Yunus ibn-'Ubayd sold tunics of different values; some were worth four hundred dirhams each, and others only two hundred each. Entrusting his nephew with the care of the shop, Yunus departed to offer his prayers. A bedouin entered the shop and asked for a tunic priced at four hundred, but received one priced at two hundred instead. The bedouin liked it, was perfectly satisfied, bought it, and departed, carrying the tunic on his arm.
While on his way, he came upon Yunus, who recognized his tunic and asked the bedouin how much he had paid for it. The bedouin replied that he had paid four hundred dirhams. "But it is not worth more than two hundred," said Yunus. "Come with me and I will exchange it for you." The bedouin replied, "This is worth five hundred in my country, and I am pleased with it." Yunus then declared, "Do not say that, for the counsel of religion is more rewarding than the provisions of this world." Returning to the shop, he refunded two hundred dirhams to the bedouin, and scolded his nephew, saying, "Are you not ashamed? Do you have no fear of God? You would accept gold and abandon the counsel of the Muslims!" The nephew replied, "May Allah be my witness, he accepted it only because he was pleased." The uncle then said, "But have you pleased him as you would please yourself?"
It has been said about Muhammad ibn-al-Munkadir that in his absence his servant sold a bedouin a piece of goods worth only five dirhams for ten. The master looked for the bedouin all day, and when he found him he stated, "The boy erred and sold you for ten what is worth only five." The bedouin, astonished, replied, "But I was pleased!" Muhammad replied, "Even if you were, we would please you only with what pleases us," and returned him five dirhams.
Such is the character of the person who has been truly influenced by the Message of Muhammad and who has abided by the Prophet's dictum, "Truly, none of you believes until he desires for his brother what he desires for himself." The true Muslim does not deceive, cheat, or swindle.
The effect of Muhammad's Message was decisive on those who followed its guidance. It called not for extravagance, pretentiousness, or boastfulness, but for faith and good deeds both openly and silently, for according to Islam it is more appropriate that man fear God than his fellow man.
A person was once asked to testify before the Caliph `Umar. The Caliph asked him to bring forth someone who knew of him. He produced a man who praised him generously. `Umar thereupon inquired, "Are you his closest neighbor who knows him inwardly and outwardly?" "No," the man replied. "Were you his companion on the journey which reveals a man's character?" "No," he again replied. "Perhaps you deal with him in dinars and dirhams, which reveals the honesty and integrity of this man?" "No," was the answer. "I think you behold him in the Mosque, whispering verses of the Koran, lowering and lifting his head in prayer." "Yes," replied the man. `Umar then snapped, "Away with you, for you know him not!" And turning to the would-be witness, he commanded, "Go and bring forth someone who knows you."
Solidarity
Lo! this, your religion [nation], is one religion [nation], and I am your Lord, so worship Me. You will see that the faithful, in their having mercy for one another and in their love for one another and in their kindness toward one another, are like the body; when one member of it ails, the entire body ails, as one part calls out to the other with sleeplessness and fever [said the Prophet].
The difference between Islam and most other religions is that it did not content itself with merely establishing acts of worship and abandon the needs of society to a Caesar or any form of temporal governing body. Rather, Islam established ways of conduct, relationships, and rights and obligations for the individual vis-a'-vis members of his family and the nation and for the nation vis-a'-vis other nations. The reform of society was the main target of Islam. Even acts of worship contribute to the achieving of this reform. Within the framework of human society, the Islamic nation is a compact union having recourse to itself, possessing an inner sense of responsibility for its own members, and resisting decay, both individually and collectively.
This social solidarity (takaful) is apparent in all aspects of Muhammad's Message. The history of mankind shows that few societies have developed as strong a sense of solidarity or have cooperated as closely or acted as mercifully as have Islamic societies.
The individual's responsibility for the community in Islamic societies and conversely the community's responsibility for the individual are of primary magnitude, constituting a trust of life and the highest of its responsibilities. It is for that reason that Islam introduced community worship. As the Prophet has said, "This religion is sure; penetrate deeply into it with patience and moderation, for he who rides his horse too hard covers no distance at all." Islam also enjoins the group not to neglect the individual, obligating it to safeguard his various interests, to respect his rights and freedom, and to harmonize different interests. In Islam, praying in groups is preferred many times over to praying individually.
The individual is thus an integral element of the Islamic society; he perfects it and is perfected by it, he gives to it and receives from it and he protects it, and is protected by it. Developing this two-way responsibility is Islam's principal way of achieving reform and social solidarity. Islam has impressed the meaning of these two types of responsibility on the individual and collective conscience in order to guarantee for Muslims the life of a unified, sound, happy, and productive body in a classless community.
According to the Prophet Every one of you is a shepherd, and every one of you will be questioned about those under his rule:- the amir [ruler] is a shepherd, and he will be questioned about his subjects; the man is a ruler in his family, and he will be questioned about those under his care; and the woman is a ruler in the house of her husband, and she will be questioned about those under her care. Thus, every one of you is a ruler and is responsible for those under his care.
Unto me it has been revealed that you should be humble in order that you might not be proud over others.
In the words of the Koran, "Hast thou observed him who belieth religion? That is he who repelleth the orphan, and urgeth not the feeding of the needy." "Those who entered the faith . . prefer [the fugitives] above themselves though poverty become their lot." Islam has the individual say in his invocations, "Place not in our hearts any rancor toward those who believe." When this precept is practiced to the full, the heart of the individual is dedicated to society and to his complete submergence in it.
To the group, Islam declares:
The believers are naught else than brothers.`Therefore make peace between your brethren. The blood of the Muslims shall be answered for; for the least worthy among them is entitled to their protection, and their hand is lifted against those who are against them [said the Prophet].
Help your brother whether he is the doer of wrong or wrong is done to him. They [his Companions] said, O Messenger of Allah! We can help a man to whom wrong is done, but how could we help him when he is the doer of wrong? [The Prophet replied:] Hold him back from doing wrong.
An outstanding illustration of the decree that society be responsible for the individual's behavior can be found in this parable by the Prophet:
A party of men went into a boat and each occupied a position in the boat. One man began to chop a hole in his spot with an ax. They said to him, "What are you doing?" He replied, "This is my position and I will do with it as I please." Now, if they should hold back his hand, he and they would be saved; but if they should leave him alone, he and they would be doomed.
This understanding between individual and society of common responsibility for common interests is the basis for resisting social ills, and every method for achieving reform would remain fruitless unless preceded by such an under standing. Man's position as God's representative on earth and as trustee over its resources cannot assume a definite form until he recognizes this social responsibility. Those who seek to resist social ills are duty-bound to awaken first the conscience of the individual toward the community and then the conscience of the community toward the individual. They must also stress the implications of these two types of responsibility. This must continue until the individual assumes a filial and beneficent attitude toward the community and the latter a motherly and protective attitude toward the individual.
By recognizing these two responsibilities and by reflecting on them, we derive what is commonly referred to today as the "general consensus" or "public opinion," that alert guardian of the nation's existence-if founded on foresight and unity of purpose and aim. Public opinion is the fearful power which holds rulers and individuals in the right path, moves the nation to act justly, and causes it to tremble with anger if harmed or touched with corruption, as would the body of an individual if similarly affected. Public opinion is the sharpest weapon to be found for ridding the community of its social ills and for accomplishing what laws fail to accomplish. It is the watchful eye that insures the execution of laws and the observance of those ethical rules and righteous ordinances which the community enacts.
Islam thus takes special care to make public opinion the guardian against the individual's deviations and the community's excesses, enjoining the right and forbidding the wrong. Establishing the individual's and the community's mutual responsibility is one of the most important acts of Islam and the soundest possible foundation for a righteous social life.
In the Koran we read:
And the believers, men and women, are protecting friends one of another; they enjoin the right and forbid the wrong. And there may spring from you a nation who invite to goodness, and enjoin right conduct and forbid indecency. Such are they who are successful.
And according to a prophetic hadith, When the sons of Israel fell into sin, their wise men preached abstinence, but they would not abstain. Thereupon they sat with them in their sittings, ate with them and drank with them, and the Lord struck thc hearts of some with those of others and He cursed them with the tongue of David and Jesus, the son of Mary, for their defiance and transgression.
He who abides by what is right in the eyes of God or of the community ought not be shaken if shown hostility by anyone, whoever he may be. Our greatest social ills stem from the fact that a righteous public opinion has yet to be formed. Quite often individuals and groups will declare openly their hostility against the venerated tenets of religion, against the state, and against common rights, and yet others will not lift a finger to admonish because they are unaware of their rights and duties. People are disunited and selfishly inclined because they lack unified ethical and cultural training. Different streams have poured into them, diluting the moral character, thinking, and faith of the nation and making one and the same object at once both right and wrong- right to one group and wrong to another.
To evaluate both individual and social responsibilities, and thus to establish a uniform, righteous public opinion, is impossible without preaching and persuasion. If everyone would truly recognize his rights and obligations, a united and strong public opinion would emerge, correcting that which has been distorted and removing the tainted.
Preaching with wisdom and fair exhortation in order to reach the depth of man's soul, to sow the seeds of goodness and love of truth in him, and to extirpate the roots of evil and the causes of ills from him is the indispensable beginning. The key to every decision pertaining to righteousness is to reach the soul. The glorious Koran refers to this when it says, "Lo! Allah changeth not the condition of a folk until they [first] change that which is in their hearts...
Social education built on persuasion was one of the powerful weapons used by Islam for achieving social righteousness. the Prophet constantly utilized the Koran and his own example and words to penetrate the hearts and minds of men ;so they might learn the truth and attain righteousness, uphold reason, and dispense with pretexts laid before themselves and God.
For that reason, the period of law-making and securing commitments followed the period of calling to God's worship .The Messenger of God continued to summon people for thirteen years, until his call had filtered into their hearts and they had begun to occupy themselves in their assemblies with his Message, inquiring into its great truth. Only after the Message had spread and a supporting public opinion had been formed for it in Yathrib did Muhammad call for the establishment of a Muslim state as the guardian of law and enjoin adherence to its tenets.
Thus did Islam attend to the ills of Arabian society at that time: first by summoning, then by legislating. Today, those who wish to attend to society's needs should follow this course. They must look upon the Message as the foundation of righteousness before they can legislate. They must abandon haste in favor of a gradual process of legislation. Only in such a manner can they prepare the atmosphere and make society ready to receive orders and accept commitments.
Briefly, then, Islam first used the Message to reform society and resorted to legislation thereafter in order to protect the objectives of the Message. Islam made faith and right-doing the principal goals of every facet of life. Rights and obligations for both the individual and the community were given substance according to the precepts of right-doing. Every obligation as well as every right recognized in Islamic society revolves on right-doing toward the individual or the community, and every act that would remove good and bring forth evil, whether it yields gain to its perpetrator or to another, is forbidden.
For this reason, we find that Islam has concerned itself with all phases of life, defining the nature of responsibility within the limits of each phase for the purpose of realizing the overall objective: a life of contentment for all peoples of the world as a prelude to a more exalted and happier life in the next world.
The Prophet of Islam absolved no one person from his responsibility toward another. The Commander of the Faithful is responsible for the believers, his deputies and trustees for those under their jurisdiction, the head of the family for his family, the wife for her home, and the individual for his neighborhood as for himself. In the last analysis, every individual in the Islamic community is responsible for the rectitude of the entire community because, as we have seen, he is charged with the task of raising himself and summoning others to God for the sake of rendering this society upright. He preaches truth and cooperation in order to achieve beneficence and piety.
The emphasis on individual and collective responsibility is part and parcel of the teaching of right-doing, the second fundamental of Islam after belief in the one God. No armor is more suitable for resisting evil and the ills of society than Islamic ethical upbringing, upon which the fortunes and status of men in Islamic society have always rested; it is the element which solidifies the community and preserves it from decay.
Muhammad's Message emphasized and bolstered interdependence and solidarity among the newly converted Muslims until the Prophet had molded the Ansar of Yathrib and the Muhajirun of Mecca into an all-encompassing brotherhood which ultimately transcended brotherhood based on lineage and kinship. The Message gave rise to a closely knit and unified nation which became the font of all authority; the consensus of that nation was law, and its word was decisive. This nation came to vouch for its members, who became a responsible living force enjoying a faith and possessing a religion perfected only through loyalty to the community, and sacrificing for its cause. "Think not of those, who are slain in the way of Allah, as dead. Nay, they are living. With their Lord they have provision." 13
In Islamic communities that have preserved Muslim traditions, I have witnessed an incomparable sense of interdependence and solidarity which no social architect could improve on as a basis for a world society.
I have seen certain Tuareg tribes of North Africa display this blissful solidarity in their lives. No one among them lives for himself only; he lives for his people. My attention was first attracted to them by a Muslim who left his own country and settled among the Tuaregs in Fezzan. 14 He enjoyed their protection, lived by their gracious bounty, and then departed in search of a living in order to repay them their favor, leaving his family in the protection of this Islamic community. But ill luck accompanied him, and he was unable to earn enough. He came to us in Misurata in Tripolitania seeking aid; it was offered to him so he could return to his family.
He returned to Misurata after an absence of about a year. It was assumed at first that he was returning from his family, but this was not the case. When asked why he had not gone back to his family after the first encounter, he replied: "Since we last met, I have traded with what came into my hands, and what I now possess is sufficient to take back to the Tuaregs." "To the Tuaregs," I inquired, "or to your children?" "To the Tuaregs first, for they nourished my children during my absence. I will now be responsible for the children of those absent among them, and I will divide what Allah has granted me between my children and those of my neighbors."
He was asked whether the entire community shared his attitude toward neighbors, and he replied, "We share together and alike blessings and misfortunes; grace is with him who displays it, and a member would be ashamed to return to the camp empty-handed, in shame not before his house hold members but before his neighbors, who await his return in the same manner as does his family." As a modern non- Muslim writer puts it:
In Muslim society the family will always care for its old people, its orphans, its idiots, its ne'er-do-wells and even its delinquents. In this it offers a marked contrast to the modern West, where relatives are all too often looked upon as disagreeable acquaintances and where the misfits are frequently left to their fate or thrust into public institutions. If Islam is not a welfare state, it at least produces whole welfare families where everyone is cared for whether they deserve it or not.
This communal spirit is not a peculiarity of the Tuaregs and similar desert folk, nor is it a condition of their tribal solidarity; it is rather the Islamic spirit, more evident among those who still live in seclusion from modern materialistic life. This spirit is to be observed in Islamic villages and towns which still bear faithfully the stamp of Islam, whether the town is in the East or in the West and whether the in habitants are Arabs or non-Arabs, whites or blacks. Muslim peoples in many localities still live the life of plenitude, contentment, interdependence, and solidarity in search of beneficence. They still remain close to being that righteous society ordained by the propagator of the Message, Muhammad, as contrasted with tens of millions of Muslims who have been seduced by modern materialistic cultures and who live for themselves and prefer to gratify their lusts rather than to be beneficent toward even their relatives, let alone their neighbors.
Beneficence
Beneficence (birr) is one of great pillars of Message and a clear way to social righteousness. The term appears with many meanings in the Koran, depending on the context. It may signify truthfulness, goodness, and right-doing in the broadest sense as well as obedience to God.
By beneficence is meant here acting rightly by offering comfort to the poor, to the less fortunate, and to those of our brethren in the community who have fallen on evil days in their search for a satisfactory and independent life owing to such factors as natural handicaps, orphanhood, illness, misfortune, or ignorance, among other causes.
The Message of Muhammad surpasses all other righteous messages in defining beneficence and in expounding the duties of the individual and of the state in keeping with this virtue. In this regard, the broad concepts of the Message deserve the attention of men of clear judgment and insight.
As the holocaust of World War II raged among the fascist, communist, and democratic systems, a speedy interpretation of the injunctions of Islam and of the decrees of Muhammad was called for, because in them might be found guidance and a solution for the problems of the world, particularly when people differed so widely over what should constitute the right solution.
We have seen how Islam fights social corruption by preaching and by drawing upon public opinion, and how it makes of solidarity and the communal spirit a religious fundamental necessary for attaining a righteous way to God. The faith of an individual cannot be perfected, nor can a nation fulfill its duties or a state its trust, unless the faithful undertake continuously to establish solidarity and the communal spirit firmly in their hearts and to make them essential rules of life.
Let us now examine the means by which Islam remedies the problem of poverty, which is the greatest ill of human society.
Islam does not consider poverty a reason for despising a man, for a poor man, even in his need, may be superior in the eyes of Islam to men of wealth and authority. This consideration gave the poor their first consolation. When Islam first examined the lot of the poor, it discovered that poverty was caused by an inability to earn, either because of some handicap or because of the absence of an opportunity to work.
As for the man who is handicapped by an incurable ailment, Islam obliges the community to support him as a duty, not as a matter of voluntary charity or willingness. "And in their wealth the beggar and the outcast have due share"; thus does the Almighty protect their dignity.
Concerning the man who cannot earn because he lacks an opportunity to work, Islam compels the state to find him work. Islam discourages begging and calls on Muslims to be above it, for he who gives is better in the eyes of God than he who receives. The Prophet once asked a beggar whether he had anything worth a dirham, and the beggar answered that he had. Muhammad sold the object for him and bought him a rope and an ax, inserting the handle into the ax himself. He then told the beggar to expose himself no longer to the humiliation of begging but to put himself to work hauling firewood.
The rule in Islam is to work and earn. Islam has urged this by every means, even preferring it to retirement in the worship of God. It has also exacted justice for the community by obligating the state to help find work for those who lack the means and to protect those who fail.
Islam attempts to lessen the difference in living standards of its adherents, thus combating luxury in the upper social brackets and warding off misery in the lowest. In doing this it utilizes two media: conscience-the stronger of the two -and law. It makes the happy immortal life available only to those who give to deserving relatives and friends and to the poor.
Because of Islam's powerful appeal, the conscience of the Muslim would not rest were he to eat, dress, and make merry while his neighbors and relatives were unable to earn a living; Islam strongly urges him to exert himself, to be satisfied with less and curb his desires, for the sake of aiding the grieving and the needy. Islam even decrees that the master feed and clothe his servant as he would feed and clothe himself. Al-Ma'rur ibn-Suwayd once said about Abu-Dharr, a pious Companion of the Prophet,
I saw Abu-Dharr and his servant both wearing the same type of garment, and when I asked the reason for this he replied that he beard the Messenger of Allah declare: "They are your brothers; Allah placed them under your care. He whose brother is under his care, let him feed him of what he himself eats and dress him with what he himself dresses. Do not give them overburdening work, and if you do so, then help them with it."
Islam does not content itself merely with awakening the conscience of men, but empowers the state to appropriate from the excess wealth of the individual when necessary in order to insure the needs of the poor and miserable.
In reality, Islam wars openly on luxury, on hoarding wealth, and on usury,declaring:
They who hoard up gold and silver and spend it not in the way of Allah, unto them give tidings [O Muhammad] of a painful doom, on the day when it will [all] be heated in the fire of Hell, and their foreheads and their flanks and their backs will be branded therewith [and it will be said unto them]: Here is that which ye hoarded for yourselves. Now taste of what ye used to hoard.
Those who swallow usury cannot rise up save as he ariseth whom the devil hath prostrated by [his] touch. Allah will blot out usury, and causeth charity to prosper.
When Islam imposes the poor tax (zakah) on earnings and wealth and forbids usury, it seeks to raise the standard of the poverty-stricken and to lower the standard of those who are given to excess so that the life of all may become happier and more orderly. By prohibiting excessive luxury, Islam spreads material riches so as to produce the greatest benefit for all. The banning of hoarding leads to circulation of wealth, and the prohibition of usury leads to sharing. A person should not find enjoyment and prestige in wealth but in right-doing and beneficence. He should not find security in treasures but in the solidarity of the Islamic society, a society which fulfills its responsibilities by neglecting and rejecting none. A man should not find security in usury but in the joy of earning and sharing with his brethren who put their work to good use.
The Islam which has fought the ills of poverty through awakened consciences and legislation has made work the basis of its aims. It has not confined the rewards to this life only but has made the promise of further rewards in the afterlife. Islam has decreed further that one should exert himself in preference to religious seclusion and that the believer should strive to perfect his work.
Islam wards off poverty by preaching virtuous behavior. It curbs the forces of evil and vice through law and reason. If its methods were more widely employed to crush evil and vice and to propagate virtue and goodness, the Islamic family would cohere and every member would realize his duty and moderate his desires. This would constitute one of the most effective weapons for resisting poverty, for the greatest causes of poverty are excessive cupidity, indulgence in vices (such as intemperance in the use of liquors and other intoxicants), and neglect of the body's health and of the religious decrees which are designed to regulate both body and spirit. Were we to adopt the Islamic ways of exercising mercy and displaying charity together with its principles of brotherhood and cooperation, and were we to awaken the religious conscience of the nation in this connection, we would have dealt poverty the fatal stab, and never again would it find its way into so many homes.
The state can combat poverty effectively by fulfilling its duty to grant security to the unemployed, basing its policy on the principles of solidarity preached by Islam, as in the words of the Prophet: "Believers are in relation to one another as (parts of) a structure, one part of which strengthens the other." In the interest of the general welfare, the state can also distribute alms to those who have no other recourse and create work for people, even if it must compel certain individuals to assume the specific tasks they are capable of performing.
Islam has granted broad powers to the head of the state; as guardian of the law and the general welfare, he may make as many decisions as cases demand and shape matters in conformity with the fundamental purposes of Islam and with the Shari'ah.
Islam has established clearly the principle of equality, the greatest of principles for resisting social evils, particularly poverty. It has planted this principle in the conscience of the Muslim and has caused it to govern his actions in his worship and in his social conduct.
The world owes a debt to the message of Muhammad for teaching man to turn his back on pride and not to exalt himself over his fellow man. The righteous Muslim does not even think that he is more worthy than his own servant, although he is lord over him. The Prophet himself was rebuked in the Koran for having sought to convert a group of Arab chiefs to the faith, and thereby to gain the adherence of their followers, while neglecting a poor, weak man who had come seeking the faith. In the words of the Almighty,
He frowned and turned away because the blind man came unto him. What could inform thee but that he might grow [in grace] or take heed and so the reminder might avail him? As for him who thinketh himself independent, unto him thou payest regard. Yet it is not thy concern if he grow not [in grace]. But as for him who cometh unto thee with earnest purpose and hath fear, from him thou art distracted.
Laws in existence today rarely show a greater concern for the poor and their lot than the decrees of Muhammad's Message. Islamic law has established and defined the poor tax, its forms, and its means of distribution, as it has specified in detail those who are entitled to it, their rights, and their obligations. In general, the Message urges Muslims to condition themselves to respect others and to hold them in esteem: "O ye who believe! Let not a folk deride a folk who may be better than they [are], nor let women [deride] women who may be better than they are; neither defame one another, nor insult one another by nicknames. Bad is the name of lewdness after faith."
If this understanding were imprinted on the minds of kings, princes, and rulers, of the masses, of the poor and the wealthy, of proprietors and workers, as ordained by the Message of Muhammad, social disunity would disappear. Envy and hatred would be dissipated, as would dissensions and evils leading to strife and war; the strong would no longer dominate the weak, nor would the resurgence of the weak end in their humbling those who had dominated them.
Admittedly, there are provisions for equality in the laws and decrees existing today in Europe and America; yet such provisions have failed to prevent strife, war, and corruption. Egotism and materialism never reached in any earlier time the heights they have attained in our age of egalitarianism, sustained by modern laws; nor did parsimony and selfishness attain in the age of feudalism the levels of today; nor did the spirit of evil and concomitant rancor and envy prevail as it has during the last hundred years, in spite of the extension of so-called civil rights; nor did people organize themselves into associations, parties, and professional societies to contend with other groups on the scale prevailing in the present age, while all talk about their rights-and none about their duties.
When the Message of Muhammad established equality as a right, it made this right an adjunct of duty and faith, implanting this trinity deep in the heart of the believer. It controls his conscience, which therefore knows no deception or hypocrisy, and warns, "Lo! the hypocrites [will be] in the lowest deep of the fire…“
The social order of Islam is not based on the disputations of authorities, or on a balance of power lasting only until upset; it is based, rather, on the solidarity existing among all members of Muslim communities and on their common purpose of existence: spiritual perfection for the individual and the nation. The goal of Islam's teaching is for all endeavors to be upheld by good intention, aimed at pleasing God.
The social order preached by the Message of Muhammad, then, employs the conscience of the individual and, collectively, of the group as well as the authority of the state as the means for guaranteeing what is right. It would denounce the entire community were the community or any of its members to lose sight of the common good. Expressions of the Islamic order acquire value only insofar as they are conducive to confirming the good intention of an undertaking.
Muslims are not much concerned with methods of government-with whether they are monarchical, republican, authoritarian, or democratic in form. What they are most concerned with is that the aim of government, social welfare, be realized in order that all members of society enjoy equality. An individual or a race is to be distinguished only for good conduct and love of peace. There is no worthiness in one or all if the general welfare is not made the aim of life.
If equality along modern lines fails to curb excessiveness and materialism and cannot prevent class struggles and racial wars, then it is an illusion reflecting no truth. Islam seeks truths, not illusions: "God looks not into your faces but into your hearts."
It is apparent, then, that the principle of equality in the Islamic definition constitutes one of the greatest pillars of beneficence and one of the most powerful weapons against the ills of poverty. Islam has preached beneficence by every means from persuasion to the force of law and the power of the state:
Allah will blot out usury, and causeth charity to prosper. Ye will not attain unto piety until ye spend of that which ye love. Hast thou observed him who belieth religion? That is he who repelleth the orphan, and urgeth not the feeding of the needy.
Nay, but ye [for your part] honor not the orphan, nor do ye urge the feeding of the poor...
The Book of Allah and the life of His Prophet, Muhammad, reveal abundantly the virtue of acting according to the way of God and of regarding this world as a steppingstone to the next. The propagator of the Message concentrated much of its force on achieving beneficence for the poor, the downtrodden, the weak, the handicapped, and the needy; beneficence toward them was an imposed duty that could not be circumvented. When the Arabs refused to pay the poor tax after the death of the Prophet, the first caliph, Abu-Bakr, though advised to take no immediate action, declared: "May Allah be my witness, if they should withhold from me even the tether of a camel which they used to render to the Prophet, I would fight them for it!" In other words, he would direct the entire force of the state to fight a people who would deny the poor their right, even if in value it amounted to no more than a rope for tying an animal!
The Islamic call to beneficence and right-doing led to the establishment of religious endowments (waqf) designated for charity. With beneficence cleansing his soul, the Muslim sets aside a part of his property for the care of even cats, dogs, and other animals. Nur-al-Din Mahmud gave over part of his property in Damascus to sheltering aged animals until their death.
Muslim annals abound in examples of beneficence and mercy to the less fortunate and to strangers; and that kindness which was the pride of private homes, tribes, and nations was but an expression of the Muslim spirit of beneficence and right-doing.
According to the Message of Muhammad, beneficence, as also the zakah, is not confined to the peoples or religion of Islam, but is rather universal, incorporating all the downtrodden of mankind.
Allah forbiddeth you not, with regard to those who warred not against you on account of religion and drove you not out from your homes, from dealing kindly and justly with them. Lo! Allah loveth the just dealers.
The alms are only for the poor and the needy, and those who collect them, and those whose hearts are to be reconciled, and to free the captives [slaves] and the debtors, and for the cause of Allah, and [for] the wayfarers...
For beneficence to be effective in this age, it must be based on the principles and methods propounded by Muhammad in his Message, as they have been effective and enduring. We must strive to attain its objective by analyzing our age the sources of its wealth and the lot of its Peoples-- in order better to insure the welfare of the community and please God. Although the religious law of Islam decrees that only a part of a Muslim's income is the poor's due, a pious Muslim does not hesitate to render much more when necessary. In this spirit did the Caliphs Abu-Bakr and `Umar volunteer their wealth for the poor, the one the whole and the latter half of his holdings.
The spirit of Muhammad's Message is manifest in the fact that by rendering the poor tax, the Muslim does not absolve himself from further claims to his possessions; as long as there is need for the exercise of beneficence and charity, this need must be met.
We should therefore invoke the inspiration and guidance of the Islamic religious law and propagate the beneficence on which the Muslim state should rest, establish security and solidarity for society, and put an end to class warfare. "And whoso doeth good an atom's weight will see it then, and whoso doeth ill an atom's weight will see it then." |
| | | | أحمد محمد لبن Ahmad.M.Lbn
مؤسس ومدير المنتدى
عدد المساهمات : 49023
العمر : 72
| | موضوع: رد: On Social Reform الخميس 02 يونيو 2022, 4:26 am | |
| Justice and Freedom
The two fundamental principles which are indispensable to fortifying society and directing life along the path leading to the general welfare: freedom and justice.
Before the advent of Islam, people lived either according to tribal rule, as was the case in the land of the Arabs, or as subjects of states or princes, as was the Situation along the periphery of the Arab peninsula in the dominions of the Romans, Persians, and Ethiopians. Each country had its individual conditions and system, depending on the circumstances, and the rules governing these lands were not based on universal or firm human principles to insure their existence.
In Arab lands, the rule of force prevailed; selfishness and egotism were exalted; people gloried in killing and plundering, and many prided themselves on trampling upon the rights of others and gaining control over their possessions. People rejected human, national, and racial brotherhood, denying equality to those outside the tribe, to associates (mawali), and to other Arabs. They mocked any justice not based on the dictates of force, and they cherished absolute freedom, dying willingly that they might preserve it; it was their own freedom, and they shared it with no one.
The Persians, Romans, and later the Byzantines, the Arabs' neighbors, despised the Arabs, and would not acknowledge any right of equality for them or honor their concept of justice. The power of the Persians was centered around their king-Khosrau II (A.D. 590-628) in the time of the Prophet-to whom belonged all rights, and an entourage which possessed only those rights that Khosrau granted or withheld. The development of the resources of the land was subordinate to his efforts to become king over all people. He was surrounded by aides, princes, and armies.
They bolstered his throne and shared some of his power, but they were not altogether safe from being called upon at any moment to sacrifice their lives, possessions, and sons for Khosrau. Indeed, the Persian Empire was firmly established and seemingly perpetual, as the Sassanidae had ruled for four centuries. But the empire rested on militarism and arbitrary rule, not on the principles of justice, freedom, equality, and brotherhood.
Byzantium thrived in the same way for over a thousand years, and its mentality was not different from that of Ctesiphon. The Caesars were emperors of the West and, according to their allegations, of the whole world. The Khosraus were their rivals in the East. Zoroastrianism appeared to have left as much of an imprint on the character of the Persian Empire as Christianity on Byzantium. The Christianity of Byzantium did no honor to its Christians, who in no way practiced the brotherhood, peace, and mercy preached by our master Jesus. So narrow was the vision of the Byzantine rulers that they did not acknowledge the right of any state to independent existence; in their eyes their order was universal. People either had to acknowledge this or be considered ignorant of the fact that they were within the sphere of this order.
In the ninth century, an envoy of Charlemagne informed the Byzantine emperor that his master was preoccupied in a war with the Saxons, and that these Saxons were barbarians and a perpetual menace. The emperor interrupted him, asking, "Who are those barbarians of whom I have not heard and who, therefore, can be of no consequential importance to cause your master all this trouble? I give them to you and consider your master relieved of them." When the envoy returned to Charlemagne, he informed his master of what the emperor had granted him, upon which Charlemagne declared, "Had he given you a pair of boots instead of the Saxons, he would have been of more help to you on your long and arduous journey!"
Such was the world in the eyes of the Caesars, Khosraus, and the Arab tribes when Muhammad appeared, reminding man that he is only of Adam and that Adam is of dust:
"O mankind! Lo! We have created you male and female, and have made you nations and tribes that ye may know one another. LO! the noblest of you, in the sight of Allah, is the best in conduct."
And such was the world when `Umar, Muhammad's disciple who conquered the dominions of the Caesars and the Khosraus, rebuked his governor, whose son had acted arbitrarily toward a Christian Copt: "O `Amr, would you enslave a human being born to be free!"
The appeal of the Message of Muhammad for justice, equality, and freedom was new to that world. Islamic law became the font of freedom and truth, defining the rights and obligations of individuals and groups. The weak lifted their heads and were mocked by their former oppressors, who repeated what their predecessors had asserted: "Thou [Muhammad] art followed only by the contemptible and degraded people who do not think." They did not realize that God willed the destruction of the world of greed, egotism, tyranny, and oppression, and that He demanded that the standard of truth be raised and that there be an end to falsehood. The religious law of Islam comprises clear and noble principles governing human conduct, as revealed by the Omniscient to one of the most virtuous men known in the lengthy annals of mankind, Muhammad; these principles affirm that justice and freedom in the conscience of the believers are an integral part of their beliefs and of their innermost selves.
Islam made these principles an inseparable part of belief, thereby affirming, immortalizing, and safeguarding them against the whims of deceit, treachery, pretentiousness, and distorted and abominable preachings.
The Muslim would not be a Muslim if he doubted that the poorest and most incapacitated of his brethren shared equal rights with him; for they are all servants of God both in this world and in the next, the noblest being the best in conduct. This justice is what makes almsgiving to the needy a duty of those capable of providing for them, not a favor.
Justice and equality were apparent during the first Muslim era, when belief prevailed and ruled man's heart. With such understanding did Abu-Bakr, immediately following his election to the caliphate, proceed into the market as an ordinary person seeking to earn a living for himself and his family. When this became a topic of discussion, Muslims consulted each other over the matter, and decided to consider him a hired employee of the community. They prevented him from working and arranged a salary based on his needs, which amounted to a few dirhams, for him and his household. This did not distinguish him in his appearance and livelihood from the rest of his people.
`Umar succeeded Abu-Bakr in the great days of Islamic belief. He strengthened Islam's authority, as he was a caliph selected from the people. It was he who defeated the Persians and Byzantines, and yet he patched his garb with his own hands and sewed soles onto his footwear. It never entered his mind or the minds of the Muslims that aside from the authority vested in the office, the caliphate should distinguish between the caliph and members of the Islamic community. He was entitled to their allegiance and obedience only as holder of the office and guardian of the law.
Justice and equality constituted a deep-rooted belief which people accepted willingly and observed by the most stringent law; they were a spiritual reality working both overtly and covertly for the establishment of a righteous and stable society.
The Shari'ah treats believers as brethren, wherever their domicile may be; they are deserving of rights which cannot be denied. Therefore, the believer is entitled to beneficence, help, protection, inheritance, loyalty, and counsel by the decrees of faith and the Shari'ah. He is entitled to justice, whether the ruler be present or absent, whether the law be in effect or not, for it is a right which he derives from his conscience by the judgment of his faith. Such justice eradicates communal prejudices and bigotry and places equality above every consideration, for the Muslim owns what is his in every time and place.
Islam outdistances all rules of modern justice in declaring:
"LO! Allah enjoineth justice and kindness…"
"O ye who believe! Be ye staunch in justice, witnesses for Allah, even though it be against yourselves or [your] parents or [your] kindred."
"... and let not hatred of any people seduce you that ye deal not justly. Deal justly, that is nearer to your duty."
Islam ordains, "... if ye judge between mankind, judge justly."
"And if ye give your word, do justice thereunto even though it be [against] a kinsman…..’’
Islam has made justice the foundation of the entire world order in the words, "And the sky He hath uplifted; and He hath set the measure, that ye exceed not the measure, but observe the measure strictly, nor fall short thereof."
Islam has placed justice above everything, weighing in an equitable balance between the infidel and the Muslim, the enemy, associate (mawla), and ally; for in Islam's sight they are all the same and equal before justice: ". . . and let not hatred of any people seduce you that ye deal not justly. Deal justly, that is nearer to your duty."
In this regard, the Islamic Shari'ah deserves attentive consideration, for in many respects it is still ahead of modern civilization in terms of progress achieved.
The Imam Ibn-al-Qayyim 45 said, "Allah (may He be praised and glorified) sent His messengers and revealed His books 46that people may measure with the justice on which Heaven and earth have dwelt. Where the signs of justice appear and justice unveils its face in whatever manner, then the legislation and religion of Allah will be perfected." That is, religious laws or dogma must conform with justice. According to the Imam al-Shatibby, "The ordinances of the Shari'ah were decreed only for the welfare of people, wherever this welfare is to be found."
The imarns of Islam agree that justice is the ultimate aim of the Shari'ah, for above all else, it binds decrees with the justice ordained by God.
Freedom in Islam is one of the most sacred rights; political freedom, freedom of thought, religious freedom, and civil freedom are all guaranteed by Islam and carried forward to a point in the distance that has left modern civilization behind.
History still relates examples of this in the audiences of caliphs and princes, even after the rule in Islam had become despotic. People in the days of Umar ibn-'Abd-al `Aziz raised questions in his very presence concerning his right and the right of his house to rule and possess the caliphate. The same has been related of the audiences of al-Ma'mun. Di'bil ibn-'Ali al-Khuza’i, the poet, satirized a number of `Abbasid caliphs one after another while they were at the apogee of their reign and championed their `Alid rivals without having his freedom curtailed or suffering any mishap.
Islam's protection of freedom was responsible for the success of the Muslims in their best days, particularly in the period of Arab hegemony which followed closely on the appearance of the Message. Because they upheld freedom, the Muslims succeeded in extending their rule in the East and the West, from China to Spain. Muslims have always been enjoined to battle to safeguard the freedom of belief and the sanctity of places of worship of those who differed in religion but were allied to them or entitled to their protection as subjects of their realm.
The hearts of the Muslims were filled to overflowing with the meaning of freedom. They oppressed no man who delved into the mysteries of the universe and adopted for himself a theory or claimed a certain opinion.
Freedom of learning was guaranteed to the Sabaeans and the Magians, the Christians and the Jews, who were permitted to express their beliefs unmolested. Muslims likewise enjoyed considerable freedom in this respect and were not restrained by their Shari'ah. From what is known, the only restrictions placed on freedom of opinion, belief, and expression in Islamic states were those aimed at eliminating disturbances, riots, and unrest endangering the safety of the state.
The princes and rulers of Islam, as a whole, did not make it their policy to investigate ideas, views, beliefs, and scholarly research except where these might have had a direct and immediate bearing on their rule. In the Middle Ages, Muslims and non-Muslims plunged into academic and religious discourses with a degree of freedom hardly countenanced by some nations today.
Justice and freedom are two common principles whose necessity and virtue have been agreed upon as indispensable to the maintenance of a sound society. Islam implanted them in the conscience of men, and defended and protected them with its authority.
Some Basic Principles of the Islamic State
In recent years numerous independent Muslim states have emerged in Asia and Africa. Coincidental with their emergence, national organizations and parties have come into being, intent upon basing their forms of government on the principles of the Shari'ah. Various views have been advanced as to the proper form of Islamic rule and the manner of formulating constitutions compatible with the requirements of Islam and capable of achieving its purposes.
Because of their wide geographic distribution, Islamic states comprise different peoples, cultures, traditions, customs, and forms of government. The needs of these states vary with different locations and social environments. Hence no one uniform constitution would be applicable to all, since the circumstances and interests of each country call for interpretations based on independent reasoning in order to produce the constitution most compatible with the purposes sought by the Shari'ah. Indeed, this variety of constitutions and forms of government may be more effective in realizing the objectives of Muslim law than a single uniform constitution, provided they comply with the general principle of the Shari'ah and the moral norms of Islam. This is because diversity in laws regulating public matters may be in itself necessary for the realization of the purposes of the Shari'ah, which aims at the interests of Muslims living under different conditions.
The emergence and evolution of Islamic jurisprudence, together with the diversity of views advanced by scholars and jurists who sought to interpret its provisions and who were definitely affected by their local conditions and circumstances, may be a good guide to what we think is right in this regard.
Thus, the Islamic constitution sought by the Indonesians, Pakistanis, Arabs, or other Islamic peoples may be similar and compatible in essence although different in their details the laws, decrees, and proceedings rendered necessary by the needs and the general welfare of the community. What, then, are the ideal constitution and Islamic form of government capable of unifying Muslims without hampering legislative and social evolution, as called for by the requirements of justice and general welfare at a given place or time?
Upon perusal of the holy Book and Islamic traditions (Sunnah), and upon examination of Islamic history during the era of the orthodox caliphs, we find that Islam is definite and conclusive on all general principles suitable for all times, places, and peoples. When these principles are implemented, therefore, one can witness the flexibility of the Shari'ah and its disposition to independent reasoning. The Shari'ah in effect upholds the guidance given by the Prophet in his utterance, "You know best your own earthly matters." Thus the way is open for reason and human judgment to distinguish between right and wrong and to choose the road to the general welfare.
This is perhaps the virtue of Islam which renders it an eternal way of life and law for all mankind and thus up holds the pronouncement of the Almighty, "Surely We have revealed the Koran, and surely We are its Guardian." For if Islam were otherwise, it would not have been a religion easy to observe. It would have caused hardship to people at various times and places and would not have met the challenge of their changing needs.
Thus, with the clarity of Islam on general principles and morals, the fact that it relegates many matters to settlement by interpretation and reasoning is not a source of weakness in its eternal laws but of continued life.
Let us now advance some examples. Islam does not approve of a state based on the domination and power of one person or party. Its concept is that a state must be based on the consent and cooperation of the people. Islam commands consultation in the injunctions, "We have not sent thee [Muhammad] as a warder [a tyrant] over them"; "… consult them in appropriate matters [amr]"; and "Their [the Muslims'] affairs are [decided] by consultation among themselves." It has made consultation a general principle whose application is mandatory and whose observance is to be respected by all Islamic states and communities at all times. Human experience has demonstrated the continuous character of this principle and its uses.
However, Islam avoided defining a single method for consultation or specifying certain forms from which we were to select whatever might be suitable at a given time or place, for such particulars would have caused us hardship; the choice of the rules regulating consultation was left to us, with trust in our loyalty to our religion and to ourselves. The Prophet says that deeds are to be judged by their intent, and that every person will be rewarded by God according to his intentions. It has been left to us to decide, within the scope of this principle, the forms of consultation and the manner in which it should be conducted with a view to meeting our needs and securing general stability and the consent and satisfaction of the people. Therefore, we find that the principal Companions of the Prophet (Sahabah), followed by the heads of state (Imams) and jurists, exercised independent reasoning on this subject.
They put forth varying views regarding the manner in which consultation was to be conducted, and left to us a valuable legacy of varied precedents:
1. In the early days, matters were referred to the people at the mosque or to a selected group at a meeting, or a number of the principal Companions of the Prophet were invited for an exchange of views.
2. At a later date, consultation was held by referring the problem, on a special occasion, to those among and the dignitaries present.
3.Then we find that in certain cases it was confined to one or more persons selected by the head of state for their sound judgment and the public respect which they enjoyed.
The heart of the matter was the good intentions of the leaders of the people, their fear of the Almighty, and their compliance with His commands. Within this context, they made use of consultation in a manner satisfactory to themselves and in harmony with the circumstances and the needs of the time.
Muslims have long agreed that the competent consultants should be ahl al-hall wal'aqd, meaning those who loosen and bind. The criterion of their authority is that if they agree on a course of action, it will be accepted by the people, and if they repudiate it, it will be rejected by the community.
Once we determine who are the competent persons suitable to be considered as natural leaders whom people follow, we then will have found those who truly enjoy public confidence, and the nation is ideally represented by them. The problem, however, which has persisted throughout Islamic history concerns, in the first place, the question of agreement as to who should be designated as natural leaders, whose approval, for instance, would suffice to guarantee the people's election of a caliph, and, second, the manner of selecting these electors. Opinion has been divided on these questions. Some have stipulated simply that the leaders should be learned men; others have said they would designate both scholars and other prominent figures in the community; still others have favored those scholars who are capable of independent reasoning.
The truth, of course, is that the determination of natural leaders is not a simple matter. City dwellers differ from those in the country, since the social structure in rural areas is not the same as it is in centers of population and industry. In one age, they may be composed of prominent scholars, and in another, they may be the dominant figures in their tribes, regions, or countries. In our age, they may be the leaders of parties, communities, or unions. Hence the question raises genuine differences of opinion as to how to define, recognize, and select natural leaders who will fulfill their important functions of legalizing the authority of the ruler and representing the people in all matters. Consideration must be given to differences among peoples, traditions, and customs as well as among the various generations and times.
Therefore, a constitution formulated in a manner enabling these leaders or representatives of the people to express their opinion and permitting the Imam to consult with them varies in accordance with the considerations already referred to. What may occur in this respect in the form or constitution of one Islamic state may be at variance with the provisions of another, but whatever the means, they ultimately must be based on the sovereignty of Muslim law- the Shari'ah-and rest on the free consent of the people. This may serve to clarify what is subject to reasoning and what to tradition in choosing a form of government and writing a constitution consistent with Islam and its purposes.
Another example of the specific application of the Shari'ah is provided by the question of the imamate, that is, the selection of the head of state: the qualifications of an imam, his rights, and his duties. In this respect, we also find that the Shari'ah is clear as to what is established and permanent in matters relating to the imam himself and the imamate, leaving flexible and unspecified other matters to be determined by the exercise of reasoning and considerations of public interest and general welfare.
Ever since the Muslims met at Saqifat Bani-Sa'idah following the death of the Prophet and declared their allegiance to Abu-Bakr, the imamate has been the subject of dispute among Muslims, giving rise to various schools of thought. Even though the great majority have adopted the views of the orthodox Muslims (ahl al-sunnah), the subject is not devoid of differences in many details. It may be said that the Muslims did not unanimously agree except on two points: the imperative necessity of the imamate itself to prevent chaos, and their desire to observe the tenets of their religion.
It is not our intention at this point to deal with the theoretical aspects of this subject or to question the beliefs and views which are still held by many sects, including the Sunnites (90 percent of the Muslims), Shi'ites, and Ibadites. This dispute is merely referred to in order to point up the distinction between what is mandatory according to the Shari'ah and what may be left to discretion. The latter is decided in a manner compatible with the public interest, the requirements of life, and the circumstances of the particular time and place.
When we consider these differences, we find that they include many matters relating to the imamate, even the title itself. Hence the Muslims called the head of state a Khalifah (successor to the Prophet), an amir al-mu' minin (commander of the faithful), an imam (leader), and a sultan (ruler or king).
This difference of opinion began immediately after the Prophet passed away. When the people met at Saqifat Bani-Sa'idah, the situation was far from clear to them. The Ansar, from al-Madinah, said to the Meccan Muhiajirun, "One amir from us and another from you," while the latter said, "From us the amirs and from you the ministers." In other words, one faction upheld the principle of the singularity of the imam, and the other upheld the principle of plurality. By general consensus, Abu-Bakr was chosen as the one leader because of his outstanding character. In the words of `Umar, "Abu-Bakr towered above all others."
We are not concerned here with discussing the basic need for the imamate or whether this matter should be left to discretion, religious law, or other considerations, since the question was resolved by the unanimous decision (ijma') of the Companions of the Prophet at the proper time. The Muslims, having established the imamate, proceeded to lay down the imam's rights and duties in order to guarantee him the powers necessary for guarding their earthly and spiritual interests in a totally new society, born as the result of Muhammad's teaching, guidance, and struggle. This was to be a self-supporting and mutually reliant society in which all people would enjoy complete equality as dependents of Allah, the only distinction among them being piety, and in which no one would exercise authority except by law emanating from the Shari'ah. It was indeed a revolutionary society founded on completely new principles and established in a world used to the divine right of kings and the force of arms of emperors.
It was in this society that the imamate emerged, the Shari'ah prevailed and new rules and principles of a highly sacred and progressive character were established. These rules and principles have developed into a permanent constitution for Muslims under which no ruler may grant or adopt any privilege or power except within the framework of Shari'ah. It defines public and individual rights and duties, and no earthly body, even the nation itself, can alter or modify these human rights and duties. Under these rules and principles, for instance, the imamate is a trust, with the imam as a trustee, acting within the general principles of the constitution and in accordance with public welfare.
As a unique and unprecedented Islamic institution, the imamate cannot produce its finest results except in a devout nation whose affairs are regulated by a clear constitution based on the Shari'ah and changeable at the will of the nation within its specific regulations to meet the changing interests and needs of the community.
Experience through the ages has indicated that if a Muslim nation becomes corrupt and tyranny pervades all its ranks, the people will not be bound by the limits of the Shari'ah and disorder will prevail. Under such conditions, the rights and duties of both the governor and the governed would be neglected, strife would be rampant, and the supremacy of the law would be challenged. These calamities may only be averted by the re-establishment of an Islamic order and a constitution based on popular support, giving effect to the divine will. It would clearly embody those fundamental principles which are eternal as well as those of a subordinate nature which are susceptible to change in order to meet the interests of the public. For the Shari'ah has vested in us Muslims the right to exercise discretion and reason to achieve its purpose of securing stability, satisfaction, and the orderly Muslim life.
What, then, are the accepted principles regulating the office of the head of the Islamic state? After reviewing numerous opinions of Islamic scholars and jurists belonging to various schools of thought, and upon examination of Islamic history, I feel that the Shari'ah, out of divine wisdom, laid down only a few basic principles pertaining to the office of the head of state.
These basic principles include the installation of an imam, who should be of mature age and a man of wisdom, enjoy popular support, and be a person who draws on the assistance of good citizens and on the counsel of the natural leaders. In addition, he is expected to be a guardian over the interests of all his subjects and an upholder of the law. But if he disobeys the commands of God and disregards the interests of the people, he will be repudiated. Apart from these few principles, the Shari'ah has left it to people to endeavor through reasoning to adopt whatever additional conditions may suit them best, in a manner compatible with the general tenets of Islam and its universal character.
On the question of national sovereignty and the principle that the nation is the source of all power within the accepted meaning of the present age, Islam has its own and independent course at variance with that of modern concepts of sovereignty.
Islam is a universal religion with its proper ideology and principles relating to dogma, law, morals, ideals, rights, and obligations; it is not bound by locality, race, nationality, or scolor. Thus, Islam's concept of sovereignty lies in the Shari'ah. In other words, it lies in those eternal principles of Islam on which its mission has been predicated. Therefore, it is not the prerogative of a nation-as a whole or in part, whether in agreement with the head of state or not, whether represented by a constituent assembly or not-to tamper with the eternal charter of rights and duties ordained by God for all men, singly and collectively, in a particular land and through out the human race at large. These principles are sovereign and eternal, because it is only by the will of God that their continuity is maintained. This is a great and a fundamental Islamic concept, of which Islamic scholars should always be conscious. It should be advocated and made known particularly in this age, because it raises the common bonds of humanity above race or nationality and establishes human rights at a higher level than national sovereignty or national interests.
At the present time, sovereignty has different meanings to non-Muslims (and their emulators among Muslims) and to Muslims. In Islam, it comprises several component forces that combine to establish its authority. These are the Shari'ah, the nation, and the imam, who is the guardian of the Shari'ah and the chosen of the people. By virtue of these factors, the Islamic order is superior to others. It safeguards the general principles of morality and the foundations of public justice, human equality, and brotherhood. It predicates rights and duties upon principles of universality and eternity as commanded by the Almighty, and it thereby blocks the way to personal preferences and passions, fanaticism, and partisanship. No nation, king, head of state, or layman can repudiate human rights and duties on the pretext that the nation is free in the exercise of its full sovereignty.
Hence, the meaning of sovereignty under the Shari'ah is different from that conceived of in the constitutions of non-Muslims as well as present Muslim constitutions that are modeled upon them, because these last rest on national sovereignty. As we have already indicated, in Islam, sovereignty does not materialize except through a combination of three elements: the Shari'ah, the nation represented by its leaders, and the chosen imam, the head of state. In them jointly lies the power called sovereignty. In early times, it resided with kings; outside Islam, in recent times, it belongs to the people; in Islam, it is embodied in this trinity.
This concept of sovereignty under Islam guards against human passions and indulgence in obtuse opinions. It is a safeguard for human rights and duties without parallel in the ideologies of nations either prior or subsequent to the establishment of Islam.
The expression of this sovereignty may not be exercised by a single will, as, for example, in the name of the people, represented by a majority party, or in the name of a king, or in the name of a dictatorship, whether communist or otherwise. It can only be exercised through the will of God, as expressed in His sacred Law, and the will of the state, as expressed through the nation and the government combined. From these joint three wills, human rights and duties are specified and safeguarded in all lands and at all times.
When, for instance, the Koran says, "Lo! Allah enjoineth justice and kindness, and given [to others]," and "Let not hatred of a people incite you not to act equitably; be just; that is nearer to piety and observance of duty," and "O ye who believe! Be ye staunch in justice, witnesses for Allah, even though it be against yourselves or [your] parents or [your] kindred.," then not the nation nor the imamate nor both together can go beyond justice and equity as directed by the Shari'ah, even if it were to be done in the name of national sovereignty and the right of a country to what is called self-determination.
It follows that the nation itself should not be the sole source of power, in the sense of being at liberty to do anything it deems fit with itself or others. Such freedom of action is restricted by the principles of public morality, of justice, and of human rights and duties as ordained by God. But the nation is completely free to adopt its own form of government and constitution and to enact statutes within the limits of this joint sovereignty. It is sovereign over all matters, but must conduct itself within the limits of the revealed Law of a higher authority, namely, that of God, the Source of existence, Who has placed man on earth and entrusted him with the responsibility of government with a view to safeguarding justice and equity. Thus says the Koran: "O David! Lo! We have set thee as a viceroy [made thee a ruler] in the earth; therefore judge aright between mankind, and follow not desire lest it beguile thee from the way of Allah. Lo! those who wander from the way of Allah have an awful doom, for as much as they forgot the Day of Reckoning."
Yes, the nation is the source of power. Under the Shari'ah, kings and heads of state can only rule with the consent of the nation. It is the nation that sets up and regulates the state, elects its government, and determines what is in its interest and what is not. In all these matters, the nation is the source of power, a power which, however, must function within the orbit of Islamic principles.
Because it relates to divine directives, the sovereignty of the Shari'ah may not be repudiated by individual or collective action or by any other force. All views or actions which form a barrier between the people on the one hand and justice and right as ordained by Islam on the other have no justification or support in the Islamic religion, even though they may have the support of the sultan or the nation. A nation may not trespass on the interests of people of other lands, or act through its laws and legislation without regarding the welfare of others. Likewise, the majority may not arbitrarily legislate against or act unjustly in relation to individual or collective rights on the assumption that it thereby expresses the general will or majority of the nation at a given time.
This concept of sovereignty imprinted on the minds of contemporary Islamic as well as non-Islamic nations, which inspires complete freedom of action in the national interest, is wrong from a theoretical Islamic point of view. Islam has established certain sacred principles of law for all mankind. It is not bound by what is known as national interest if this interest is incompatible with the interest of all people. Its pursuit of the general welfare supersedes what may appear to be the welfare of a special community. On this point, the right arising from national sovereignty, as conceived by interpreters of modern democratic constitutions, is qualified by and subject to the general rights of humanity at large, as determined by Islam.
I have touched on three subjects in the course of discussing the basic forms of an Islamic state: consultation, the office of the head of state, and the sovereignty of the nation. These involve the major principles upon the interpretations of which constitutions generally are based. They have been provided by Islam through its historic evolution and by the views of Islamic jurists and theologians. They are unambiguous and well-defined with regard to established and eternal principles, and changeable and flexible wherever change and flexibility are desirable.
The principal objective of the discussion, now that people in all Islamic lands are examining the form of Islamic rule and the constitutions proper to themselves, is to demonstrate in particular to the Muslims by some examples that their religion is practical, that it does not entail hardships, and that the forms of Islamic constitutions may vary in order to serve the public interest and to realize what is good and avoid what is harmful so long as they remain within the limits of eternal Islamic principles.
Provided that Muslims act in good faith with due respect for the Shari'ah and set up constitutional regimes compatible with their conditions, they will be establishing Islamic forms of government more suitable and beneficial to them than those systems in which they only imitate what are called communist democracies or capitalist democracies. In this way, the Muslim people would set an example for others, as they are called upon to do by the holy Koran when it says, "Thus we have made you a middle nation" that is, opposed to all extremes-and they would succeed in solving problems that have proved to be insoluble to others. They would also meet the spiritual and physical needs of man, thereby affording civilization and human life the two indispensable ingredients for peace, stability, and prosperity. A human being is no animal whose only concern is fulfillment of natural appetites; neither is he an angel whose total endeavors are directed toward the spirit. Adopting moderate courses has been a characteristic of the Islamic Message. It has taken into consideration the continuous needs of the spirit and the body. To regulate these needs, it enunciated eternal rules which may not be repudiated, and left subordinate matters subject to change in a manner consistent with the changing interest of this world.
The eternal Islamic Message is concerned with the public interest of humanity at large, which cannot be superseded by any interest claimed by a particular class or nation for itself. It has established public authority to define and regulate the particular rights and duties of citizens, provided that its power is derived from the three combined elements of sovereignty already defined and from its consistent loyalty to general human rights, which are also an integral part of the duties of any Islamic government. It has enjoined all nations to refrain from acting on the supposition of their supremacy and assuming that the interests of any one nation take precedence over those of another. In this regard, the Koran says, "And be not like unto her who unraveleth the thread, after she hath made it strong, to thin filaments, making your oaths a deceit between you because of a nation being more numerous [stronger] than another nation."
"Thus We have made you a middle nation, that ye may be witness over the people, and that the Prophet may be a witness over you."
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