AL-MUHASABAT(ACCOUNTABILITY)

§2 aspects:

    - Permissibility to call the head of state to Be accounted

    - the scope of obligation to obey

§Islam permits the head of state to be called for accountability in regards to common offences, the crime of high treason, violation of law  and any form of misconduct and negligence as well as failure in performing duty. (Q 38:26)

§Abu Bakar in his khutbah:

    “ I have been given authority over you but I am not the best of you. If I do well, help me and if I do ill the put me right”§The Islamic political system makes the government responsible firstly to Allah and then to the people. The government is elected by the people to exercise powers on their behalf.

§Then government shall have to work for the welfare of the people according to the Qur’an and Sunnah

§Government + governed = Khalafah of Allah

§will appear before Allah and account for their actions on the Day of Judgment. But the responsibility of the government or ruler is heavier then the governed or ruled.

§This accountability of government is not related only with the Day of Judgment but also in the present life. Any ordinary citizen of an Islamic state has the right to ask any question on any matter to the ruler and the government. 

AL-MUSAWAH (EQUILITY)

§individuals comprised in a society are equal in rights, liberties, responsibilities and public duties which are to be enjoyed by all without discrimination of race, origin, language or creed.

§Principle of equality before law - the basis in establishing common freedom. If the principle is neglected, the structure of the public system will collapse or become useless in practice.

AL –HURRIYYAH (FREEDOM)

§‘ the rulers must nor tyrannize the ruled’.

§Types of freedom

    - freedom of thought and believe

    - freedom of education

    - freedom of property

    - personal freedom: freedom of life, movement, security and the liberty ( includes to choosing rulers, evaluate the rulers, criticize, terminate rulers, free to hold election, change government without blood shed)

AL – ‘ADALAH (JUSTICE)

§putting a right thing in proper place or placing something in its rightful place where it belongs

§‘Allah commands justice, the doing of good, and liberality to kith and kin, and he forbids all shameful deeds, and injustice and rebellion: He instructs you, that ye may receive admonition.’ (16:90)

§O ye who believe! Stand out firmly for Allah, as witnesses for fair dealing, and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to Piety: and fear Allah. For Allah is well-acquainted with all that ye do. (Q5:8)§Islamic law based on the Al-Quran and Sunnah is equally applicable on members of the society from the lowest to the highest, without ant distinction or discrimination.

§The Prophet declared that “I have been commanded to maintain justice between you”.

§Example of Justice

  - having upright and capable public officials

  - managing the public in a just way

  - distributing wealth and opportunities in a equitable manner

  - placing righteous and just people in carrying out public matters 

AL- SYURA(MUTUAL CONSULTATION)

§Literal : to extract honey from the hive or from anywhere it is contained

§ Technical: Shura = extracting an opinion as a result of consulting one another or to evaluate the opinion of experienced people on certain affairs so as to direct us to a positive position, which is closest to the truth.

§The whole system of Islamic State from its inception to the selection of the head and all those in position of power as well as its dealings must be conducted by shura, whether is  carried out directly or indirectly through selected or elected representative. §‘Those who hearken to their Lord, and established regular prayer, who (conduct) their affairs by mutual Consultation; who spend out of what We bestow on them for Sustenance.’ (43:38)

§‘It is part of the Mercy of Allah that thou dost deal gently with them. Wert thou severe of harsh-hearted, they would have broken away from about thee: so pass over (their faults), and ask for(Allah’s) forgiveness for them; and consult them in affairs(of moment). Then, when thou hast taken a decision, put thy trust in Allah. For Allah loves those who put their trust (in Him). (Q 3:159)

§Following this advice and lead, Khalifah Omar admonished: “There is no Khilafah without consultation”.

§In Sunnah, Abu Hurairah mentioned: “I have never seen anyone else who seeks consultation of his companions more than the prophet”.§The practice of Shura was the mechanism followed at all levels in the selection of political leadership by The Prophet and his followers.

§It was the Islamic community that selected the first 4rightly guided khulafa, although the method of selection and the process of approval differed.

§The scope of Al-Shura

    - not applicable to questions/ matters on which an injunction exists in Al-Quran and Sunnah

    - the should not contradict with the legislative injunction in Al-Quran and Sunnah.

AL-HAKIMIYAH (SOVEREIGNTY)

§Sovereignty belongs to Allah is taught in the concept of Tawhid

§ Tawhid = only Allah is the Creator, Sustainer and Master of the universe and of all that exists in it, organic or inorganic

§ Sovereignty of Allah = the super power and authority of Allah over His creators. Allah is the main source of all power and laws.

§Allah is the Creator of the universe. He is its real Sustainer and Ruler. It is His Will that prevails in the cosmos all around

§As all creation is His, His command should also be established and obeyed in man’s society. He is the real sovereign and His Will should reign supreme as the Law

§ An Islamic state must put those laws into practice for greater good of its citizens.§Men are entitled to follow His law by adhering all the injunctions and avoiding all the prohibitions of Him.

§The medium through which we receive the law of Allah is known as Risalah : the Book in which Allah has set out his laws and the authoritative interpretation and exemplification of the Book by the Prophet through his deeds and words in his capacity as the representative of Allah.

§By virtue of this position, the prophet acquires the status of a subordinate legislator and therefore his call of obedience is from the original legislator (Allah).(Q 59:7)§ Khilafah = succession or representation/ representative. In Islamic constitutional law Khilafah = to the government.

§In Islam, Khilafah = the person who would implement the will of Allah on earth as His deputy or representative.

§ “And it is He Who has made you generations coming after generations, replacing each other on the earth. And He has raised you in ranks, some above others that He may try you in that which He has bestowed on you. Surely you Lord is Swift in retribution, and certainly He is Oft-Forgiving, Most Merciful.”-Surah Al-An’am (6:165) §by virtue of the powers delegated to him by Allah, he is required to exercise his Allah given authority in this world within the limits prescribed by Allah.

§ Principles  of governance

    - legitimacy in the Islamic political order comes first and foremost from accepting Allah Taala as the Sovereign and His Law

   - society must be governed by and in accordance with the will of people.

PRINCIPLES OF ISLAMIC POLITICAL SYSTEM

§AL- HAKIMIYAH (SOVEREIGNTY)

§AL- NUBUWWAH AND AL-KHALIFAH (PROPHETHOOD AND VICEGERENCY)

§AL- SYURA (MUTUAL CONSULTATION)

§AL – ‘ADALAH (JUSTICE)

§AL –HURRIYYAH( FREEDOM)

§AL-MUSAWAH (EQUILITY)

§AL- MUHASABAH (ACCOUNTABILITY)