Guarantees of political rights in Shari`ah

Guarantees of political rights in Shari`ah

Dr. Muhammad Ahmad Ali Mufty

Co-author: Dr. Samy Saleh Al Wakil

The Islamic Shari`ah did not only establish the rule of enjoining good and forbidding evil and accountability as a political right for Muslims and obligatory duty upon them, but also brought practical means to ensure that the nation and its individuals enjoys this right. The Shari`ah has defined certain bodies to protect this right, these bodies are: The state, the community, and individuals.

As for the responsibility of the state as a means to ensure political rights, it is the responsibility of the Islamic state to reform the society through enjoining good and forbidding evil, and making sure of the establishment of the rulings of Shari`ah since the state possesses the political and material power needed for the follow-up of good application of Islamic rulings.

Allah (may He be Exalted) says: "Indeed, We have sent Our Messengers with clear proofs, and revealed with them the Scripture and the Balance (justice) that mankind may keep up justice. And We brought forth iron wherein is mighty power (in matters of war), as well as many benefits for mankind," [Surat Al Hadid: 25].

So, the meaning of iron as Al Mawdudi confirms is strengths political is the political power.

Therefore, the objective of sending messengers is to establish the social justice system, which indicates that the goal of the state is not negative represented in protecting the individual freedom and defending the state, but its positive objective is the establishment of a social justice system[1] which is not achieved but through enjoining good and forbidding evil and enabling the people to establish it. It was reported from `Uthman (may Allah be pleased with him) a famous expression that signifies this concept which is: People fear the ruler more than fearing the Qur'an.[2]

Allah (Glory be to Him) confirmed that by His Saying: "Those (Muslim rulers) who, if We give them power in the land," [Surat Al Hajj: 41].

The meaning of the Ayah as was reported in Safwat At-Tafasir is: Those who deserve the support of Allah are those who if we give them power, possession, and authority in the land, they worship Allah, establish Salah, and pay Zakat.[3]

Therefore, power means authority i.e., those who are responsible for the people's affairs. Therefore, Ibn Taymiyah (may Allah bestow mercy upon his soul) linked between authority and enjoining good and forbidding evil where he made the origin of authority is enjoining good.

All types of authorities like the religious, such as: The emirate of the believers and lower positions such as kingdom, ministry, divan, the emirate of war, jurisdiction, Hisbah (regulation of economic, commercial, and public matters), and all these posts were ordained to enjoin good and forbid evil[4]

This is for the state, but the role of the community is to ensure the fulfillment of the Shari`ah such as enjoining good, forbidding evil, and accountability as a political right and duty on the nation as well as on individuals stemming from Allah's Saying: "Let there arise out of you a group of people inviting to all that is good (Islâm), enjoining Al-Ma'rûf (i.e. Islâmic Monotheism and all that Islâm orders one to do) and forbidding Al-Munkar (polytheism and disbelief and all that Islâm has forbidden)." [Surat Al `Imran: 104], where Ibn Kathir (may Allah bestow mercy on his soul) said about the explanation of this Ayah: There should be a group among you who is responsible for the establishment of Allah's Rulings, calling to goodness, and enjoining good and forbidding evil. Ad-Dahhak said: That group is the Companions of the Prophet, the narrators i.e., the mujahidin and scholars.

The meaning of this Ayah is that a group of this nation should stand to maintain this matter though it is obligatory on each individual of the nation according to his capacity.[5]

Accordingly, this Ayah makes it incumbent upon Muslims to establish an Islamic group to ensure the political rights of Muslims such as enjoining good, forbidding evil, and calling to goodness. It is obvious that the meaning of the Ayah here does not mean that all Muslims should enjoin good and forbid evil, but the meaning is establishing a group to handle it, so the divine command is for establishing that group not for individuals.[6]

These Islamic groups make sure of the good application of the ruler as well as the subject to the Shari`ah. It is obvious that the objective for which the Lawgiver ordained the establishment of these Islamic groups is not achieved but through the fulfillment of this group to political actions, of the most important are two matters: The first is advising and holding rulers accountable for their role in applying the Shari`ah rulings and their commitment to them. The second is advising Muslims individuals and the common, and observing their deviation from the correct application of the Shari`ah rulings. There have been many confirmed proofs on advising and reckoning rulers, of which the Prophet's saying: "Ad-Deen is sincerity". We said: "For whom?'' He replied, "For Allah, His Book, His Messenger and for the leaders of the Muslims and their masses."[7]

It was reported from the Prophet (peace be upon him) that he said: "By Him in Whose Hand my life is, you either enjoin good and forbid evil, or Allah will certainly soon send His punishment to you. Then you will make supplication and it will not be accepted." He (peace be upon him) also said: "Nay, by Allah, you either enjoin good and forbid evil and catch hold of the hand of the oppressor and persuade him to act justly and stick to the truth, or, Allah will involve the hearts of some of you with the hearts of others and will curse you as He had cursed them."[8]

As for the second part which is the community action in the society, it is connected with advising Muslims, drawing their attention to the necessity of holding firm with the Shari`ah, working on educating them, and spreading the ideas that handle the political, economic and social affairs of the nation for the purpose of developing them to bear the responsibility of caliphate on earth and the construction of the universe.

From the above, it appears clearly the importance of Islamic political groups.

It is also clear that enjoining good and forbidding evil is not only limited to ordinary individuals, but enjoining good and forbidding evil is also the basis in the correction process for any ruler who may think of oppressing people, confiscating their properties, or taking their rights.[9]

As for the third authority which is responsible for ensuring the fulfillment of political rights of the nation such as enjoining good and forbidding evil, they are the individuals. The proofs which we mentioned concerning enjoining good and forbidding evil is also applicable to individuals which is a collective duty for them which means that if the state or the groups play their role in enjoining good and forbidding evil, the duty of individuals in enjoining good and forbidding evil is dropped. However, if the state or groups do not play their role in enjoining good and forbidding evil, it becomes an individual duty during which each individual must perform. The Prophet (peace be upon him) says: "Whoever amongst you sees an evil, he must change it with his hand; if he is unable to do so, then with his tongue; and if he is unable to do so, then with his heart; and that is the weakest form of Faith."[10].

Accordingly, the Islamic law assigns to the state, the community, and individuals the responsibility to ensure the political rights of the nation such as enjoining good and forbidding evil where the state must maintain the enjoinment of good and the forbidding of evil assisted by groups and individuals. This becomes incumbent if the state neglects this mission or when its ruler does not enjoin evil or forbid good, in this case the community and individuals must play that role as it is a collective duty which means that the entire nation is commanded to fulfill it. So, when the state performs this role, it will be dropped for individuals. When the state and individuals play their role in enjoining good and forbidding evil, the nation and the community will walk in the right way of progress and avoid the factors of demolition and deterioration which are an inventible result for deviation from the Shari`ah of Allah and His True religion.