Short introductory summaries of the various systems involved in the governance of a nation according to the Islamic perspective.
Modern history has made a clear separation of church and state since the time or the Romans. In the name of “democracy” and various “new world orders” many laws and regulations regarding society have been instituted only to cause misery and despair for the people. The laws which were found in the religious books of these societies were discarded. The legislators, seeking dominance over the people of their own society and of other countries, instituted their own laws to reach their specific goals. All this was done under the slogan of “what's good for the country is good for the people.”
Surely we must believe that the lawmakers try to make laws that benefit mankind and not drive him to the depths of desperation and even violence. What happened? Why have these man-made laws failed to satisfy the needs and desires of their societies? Why have agreements between countries been broken? Why have devastating wars broken out at various periods? Why is there so much turmoil in the world today at all levels of society? The governments cannot satisfy each other, or their own people.
As we study Islamic fundamentals, we find that it is the only scheme that combines all aspects of life into a complete and perfect system. This system includes not only religious obligations and duties and worship but rules and regulations for the conduct of daily life, family life, social life, national life, and international life.
Allah, the All Wise, left no rock unturned when revealing His final Word to mankind. The religion of Islam is more than just a religion. It contains all of the needs of society in every possible aspect of life. Religion and politics have no division in Islam. For Islam is a complete social system which includes laws and regulations for all levels of activity. Business, trade, international relations, taxes, social welfare, punishment for various crimes, etc. are all explicitly covered in Islam.
We may say this is only an idealistic opinion. As we study the history of Islam, we see that not only the Holy Prophet of Islam, (s), but Imam Ali (a) were successful in establishing and ruling over a pure Islamic state. The rules and regulations they used did not have to go through any voting and approval stages, for God Almighty had perfected these laws. No parliament or congress wasted the money of the people to sit and make laws that at best were imperfect.
This small booklet explains briefly the various systems that make up the Islamic state. We pray that the readers will find this material enticing so as to encourage them to study further the immense subject of Islam.
If we look at a school and ponder on it, we find that it contains a headmaster, an assistant, and staff. Each of them performs specific duties. In school there is a schedule to arrange and organise lessons, breaks, and official holidays. For each class there is a monitor who keeps order. There is a program organising time, conditions for accepting students, and their relations with the school and other students. If one of the students breaks a rule, he/she will surely be questioned and punished for it. All of these criteria and other rules related to school affairs are called the School Order.
Thus, each school has an order. Without it the school could not run efficiently and the student would not learn anything. The school would be in a state of disorder and confusion and would not provide successful and useful projects.
We can compare school order to the life of a small society which needs such a system. Indeed the great human society, made up of families, villages, cities, states and provinces, are more in need of a concise system and law to organise the relations among the individuals and to solve their problems.
We know that man is a social creature who lives with a mother, father, wife, children and other relatives and friends. He lives in villages and cities. He has neighbours, friends and relatives. He lives in a bigger society of people whose number may reach millions. He will have relations and ties with these people as a whole, such as family relations, marriage, divorce, alimony, heritage, the relation of obedience, respect and co-operation.
He will also interact with individuals and groups of other societies and deal with them in selling, buying, working, earning a living, Cupertino and other affairs. Sometimes it may happen that differences arise and problems among people develop.
Problems develop among individuals of a family or in a society. Problems arise in buying and selling or some encroachment upon the rights of another. Man's emotions cause him to beat someone, or steal someone's property, and deprive someone of his rights.
All of these relations, ties and problems of society need organisation and solutions so that human society does not exist in a state of confusion, conflict, and problems. People should not lose their happiness or their society.
Allah, the All Wise, sent messengers and apostles with Divine Books and Messages to organise the human society and solve its problems. He sent these prophets to acquaint society with the Creator and to worship Him alone as He ought to be worshipped, so that people could live in happiness and benevolence.
It is clear, through proofs and certainty, that our Prophet Muhammad (s) is the Last of the Prophets and his Message completes and finalises all previous heavenly messages. After 124,000 prophets, Allah sent Prophet Muhammad (s) as the final guide for humanity, to bring it out of the darkness, into which it had fallen, to light.
The Prophet (s) came with the Holy Qur'an as the main source for the social system. It is the Holy Qur'an which directs Muslims on how to organise society by explaining family order, social relations, economic systems, judicial policies, politics and law and order. In fact, it teaches these things to all humanity, but the Muslims are ordered to follow these rules. This complete set of guidelines and rules solves the problems of the society and shows man how to worship Allah, the Most High.
Thus, the Holy Prophet (s) explains for us, through his actions and traditions (sunnah) and his progeny, the Ahlul-Bait (a), these Islamic systems. By obeying the Holy Qur'an, Muslims can live a happy and peaceful life in this world and gain the reward in the Hereafter. They also achieve justice and dignity living in the light of brotherhood and love.
“And (as for) the believing men and the believing women, they are guardians of each other; they enjoin good and forbid evil and keep up prayer and pay the poor-rates, and obey Allah and His Messenger; (as for) these, Allah will show mercy to them; surely Allah is Mighty, Wise.” Holy Qur'an (9:71)
It becomes clear that Islam provides various systems which organise life including social, political, judicial and ritual procedures so that people can live happily, without problems, conflicts and misery. It also overcomes oppression, poverty, ignorance, infidelity and corruption. The Islamic system is a collection of laws, orders and instruction which organise the life of people and society.
Among the main systems of Islam which concern organising the life of humanity we find:
1. Ritual System.
2. Political System.
3. Economic System.
4. Social System.
5. Jihad (Holy Struggle) System.
6. Judicial System.
A brief explanation of each of these systems will acquaint the reader on how to practice Islam, how to live a happy life by following its principles and how to avoid the man-made systems and laws.
Man-made laws and systems are different from the Divine Systems which were sent with the prophets and messengers (a). The man-made systems mislead the people and turn them away from Divine Systems. The results of following these laws of man are the spread of poverty, corruption, infidelity, fear and oppression, wars and enmity among the nations, the domination of colonialists over the oppressed and downtrodden, and other miseries and problems which mankind is suffering from today.
The Islamic System differs from the man-made system in the following ways:
1. The Islamic System is promulgated by Allah, the All Wise, Who knows best what is useful for man and nothing is hidden from Him. Therefore, it is an efficient and perfect system which suits every time and place.
2. The Islamic System achieves the interests of the people and their welfare at once. Other systems, i.e., man-made systems, strive only to achieve the interests of a small group or class. As a result, they cause the spread of injustice and corruption.
3. The man who believes that the Islamic Systems is proclaimed by Allah, the Greatest, and that he will be held accountable and punished for disobeying it or rewarded for following it respects this system and preserves it.
Thus, we find the truthful believer never steals, nor cheats others, nor drinks alcohol or wrongs others due to his strong belief in Divine punishment or reward. Indeed, the welfare of humanity and its happiness is found in following the Divine System taught by the Prophet of humanity, Muhammad bin Abdullah (s).
The essential aim of a religion is to introduce mankind to their Creator and to teach them to worship Him, the One Who has no partner.
Islam legislated a series of rituals which explain how to worship and obey the Creator such as: prayer, supplication (Du'a), commemoration, dedication, fasting, pilgrimage (Hajj), one-fifth levy as a yearly tax (Khums), charity to the poor (poor-rates (zakat)), enjoining what is good and forbidding what is bad, calling to Islam (Da'wah), Holy Struggle (Jihad) in the way of Allah, reciting the Holy Qur'an and other ritual actions which bring man near to Allah, the Almighty.
Islam made it clear that these rituals keep man from deviating from his worship of Allah, and no one has the right to worship anything or anyone other than the One True God.
Worship includes some conditions such as true intention and full sincerity to Allah alone so that an act or deed is far from being sanctimonious and hypocritical, which would nullify the deed and its reward.
Islam also prevents Muslims from devoting themselves entirely to worship and not working for life's necessities in this world.
The Almighty Allah says:
“...and seek by means of what Allah has given you the future abode, and do not neglect your portion of this world, and do good (to others) as Allah has done good to you...” Holy Qur'an (28:77)
Islam creates balance between the life of this world and the Hereafter. A Muslim should strive for both this life and the life after death. He should grow crops, build, manufacture, seek knowledge, entertain with the good and lawful things of this world, and perform his obligatory duties as well as work for his life in the Hereafter.
Worship in Islam, besides being an obedience to Allah, has various social, psychological and sanitary benefits. It encourages man to avoid arrogance and vanity. When a Muslim prostrates himself before Allah during prayer, he really wants to make himself submissive to the Great Lord. As prayer needs cleanliness which in itself preserves man's health and beauty, so does fasting give man the strength of determination and fills him with sympathy for the sufferings of the poor. Fasting also preserves the health of the body.
Congregational prayer instructs Muslims on how to cooperate and acquaint themselves with each other. Giving charity and financial offerings help to solve economic and social problems. Man is naturally impatient, Hajj teaches him endurance and acquaints him with other Muslims from different nationalities so that he can cooperate with them regarding the affairs which benefit Islam and all Muslims.
In reciting supplication (Du'a), man feels he is in need of Allah, the Most High, so he liberates (purifies) himself from pride and vanity and asks goodness for himself, his parents and the believers. He purifies himself from selfishness and learns the love of good to all people due to his calling for goodness for them. In this way, the best morals are created in him who desires good for all.
These virtues educate man perfectly, socially and ethically. They encourage him to participate in the progress of the society and its reformation, in addition to being obedient and involved in the worship of Allah alone.
1. Rituals are limited deeds. It is unlawful to omit any part of them or add anything to them.
2. The aim of worshipping is to obey Allah and approach Him.
3. Muslims are ordered, by Allah, to achieve a balance between the life of this world and the Hereafter. In this life we do everything which benefits us and causes our progress and to perform our ritual obligations.
4. Truthful intention and sincerity are the main basis of worship.
5. Rituals have reformatory and educational interests which have a great effect on the life of individuals and groups.
The Holy Prophet (s) founded an Islamic state after his emigration to Madina. This Islamic state continued for a time after the death of the Messenger of Allah (s) but soon collapsed. Therefore, it is among the duties of Muslims to strive towards its re-establishment and to safeguard it as long as humanity exists on this earth.
The Holy Qur'an obliges Muslims to establish governments and rule people on the foundation of justice and equality so that people can live happily under the Divine Just rule.
Thus, the meaning of political system is the system of government and state which administers the affairs of the Muslim communities.
Allah commanded Muslims to establish an Islamic state whose systems should be based on the principles of the Holy Qur'an and true Prophetic Traditions (sunnah). So, the Islamic state can be defined as:
“The state based on the foundation of Islam whose laws are taken from it.”
Regarding a state which is not based on the foundation of the Holy Qur'an and Prophetic Traditions, it cannot be considered an Islamic state even if the people of such a government are Muslims.
The Islamic state is the state which takes its laws from the Holy Qur'an and Prophetic Traditions and which achieves justice and equality among the people. The Almighty Allah says in the Holy Qur'an:
“Surely Allah enjoins the doing of justice and the doing of good (to others)...”Holy Qur'an (16:90)
“Surely Allah commands you to make over trusts to their owners and that when you judge between people you judge with justice...”Holy Qur'an (4:58)
“...and whoever does not judge by what Allah has revealed, those are they that are the infidels.” Holy Qur'an (5:44)
Islam specifies the following duties for the Islamic state:
1. It should manage public services such as building schools, hospitals, mosques, roads, providing water and electricity, setting up a network of industry, agriculture, sciences and other amenities needed by society.
2. Taking responsibility for helping any citizen who lives in the state and who can no longer earn a livelihood due to sickness, infirmity, unemployment...etc., whether being Muslim or non-Muslim. In this case, the state should take the responsibility of supporting such individuals and providing them with their needs, be it food, housing, medical treatment, education or other needs.
3. Applying Islamic laws in society, and ruling according to these laws from the Holy Qur'an and Prophetic Traditions.
4. Explaining Islamic laws and regulations to people and educating them according to Islamic principles, in addition to calling them to Islam and conveying its message to the whole world.
5. Maintaining security inside the state; defending Islamic homelands in case of being attacked by external aggression and preserving the sovereignty and interests of the Muslim Nation.
6. Establishing courts of law; appointing judges to mediate justly among the people; punishing criminals, fighting crimes and restoring the rights of the people.
If Muslims establish their own state, on the basis of the Holy Qur'an and Prophetic Traditions, they will live in security, economic welfare, freedom and equality.
The system of politics and rule in Islam is based on numerous principles of which we will confine ourselves to the following:
1. Consultation among Muslims: The Qur'an states this principle and disapproves of despotism and dictatorship.
“...and their rule is to take counsel among themselves...” Holy Qur'an (42:38)
Thus, all the members of the Muslim nation take part in managing the state's affairs and consult among themselves in order to achieve what is right and useful for them.
2. Right of Criticism and Reckoning: Every member of the Muslim Community has the right to criticise and enter into dialogue with the government over any step it takes. This can be done through the media, and direct dialogue with the officials and consultative assemblies, and memoranda, ...etc.
3. Any qualified Muslim, man or woman, has the right to take part in government, politics and manage the state's affairs with the exception of the post of presidency and judge. Men alone should assume this responsibility. The reason for this is because of the innate characteristics which exist between men and women. For further explanation you may refer to Nahjul Balagha, Sermons and Sayings of Imam Ali (a).
4. Obedience to the Muslims' leader is obligatory as long as he complies with Islamic laws and obligations and establishes justice among the people. Should he rule in contradiction to the Book of Allah and Prophetic traditions, and ignore the rights of the people and practice injustice, the Muslims have no obligation to obey him. On the contrary, they should depose him and pledge their allegiance to someone else.
In the family, the father is the one who is responsible for managing its affairs. He should supervise and educate the children. On the other hand, the children and other family members should obey him, listen to his words and advice.
In the school, we find that the headmaster is the one who is responsible for running, supervising and applying its rules, while other school members, staff and students, should obey him, listen to his directions and advice. The headmaster should guard the school and strive towards achieving progress in its study program and also preserve good education and solve its problems.
Now, let us ponder on the great Islamic society. Does it need an Islamic government? Does it require a head-of-state for organising the economic, judicial and political affairs? Should it be able to stand against corruption, spread virtue and good morals, and direct the society towards worshipping Allah and obeying Him? Should it explain Islamic laws and strive towards the progress of the society? Should it solve society's problems according to an Islamic foundation, or is there no need for such a government?
Certainly, we can see the need for the existence of such a sincere, just government. It is obligatory for the Islamic state to be supervised by sincere and qualified leaders who strive towards meeting the needs of the society and educating people about Islamic ideology, laws and behavior. It has to provide people with public services such as medical treatment, assistance to the poor, building infrastructures, mosques, universities, industries, establishing an army, courts of law and other government offices.
The Islamic society needs a government and a just head-of-state who is able to manage the affairs of the Muslim Nation. Muslims call this head-of-state an Imam. He is the one who leads all Muslims.
Islam gives much importance to Imamate (leadership). The Holy Prophet, Muhammad, (s) was the Imam and head-of-state of the Muslims during his blessed life in addition to his being a Prophet and Messenger of Allah, the Most Gracious.
Allah the Almighty says:
“Surely your guardian is only Allah, and His Messenger, and those who believe, keep up prayer and pay poor-rates (zakat) while they bow down.” Holy Qur'an (5:55)
The commentators of the Holy Qur'an unanimously agree that this verse was revealed in relation to Imam Ali (a) and that he is the master of the Muslims.1(1) At the end of the Farewell Hajj (the last Hajj performed by Prophet Muhammad (s) before his death), the Prophet (s) raised the arm of Imam Ali (a) in the presence of tens of thousands of Muslims and asked:
“Am I not more appropriate to rule over you than yourselves?”
“Yes, O Messenger of Allah!” the multitude cried.
“Am I not more appropriate to rule over the faithful than himself? He asked them.
Again they replied in unison, “Yes, O Messenger of Allah!”
“Then this man,” he said referring to Imam Ali (a), “is the master of whom I am his master. O Allah! Support whoever supports him and desert whoever deserts him.” *
The Prophet (s) is quoted to have said:
“I leave behind me among you two heavy things: The Book of Allah and the offspring from my family. If you cleave to them you will never go astray.”
Therefore, the above-mentioned hadith clearly states that the Imamate should have been in the hands of Imam Ali (a) and his offspring.
It is unanimously agreed that the Islamic ummah is in need of a fair Islamic government headed by a just leader, who establishes right and preserves the ummah's interests. The existence of both the Islamic state and an Islamic leader are a necessity and a religious duty. All the Muslims should strive to establish the Islamic state, abiding by Islamic law and ruling according to the Prophet's (s) traditions so that Muslims can live in security and serenity.
The Muslim leader should have the following qualifications:
1. He should be a jurisprudent (faqih) who is learned in Islamic laws and teachings.
2. He should be just, pious and committed to Islam.
3. He should be competent and capable of managing the Muslim affairs.
Applying Islam's laws and abiding by Islam's teachings require a broad and exact knowledge of Qur'an and the Prophetic traditions. This can only be found in the jurisprudent (faqih) and those learned in Islamic teachings.
Abiding by and embodying justice, is also a required condition, so that there is no chance of the coming to power of a corrupt Muslim, who not only does not adhere to Islam, but also wields authority in a perverse and unjust way which is forbidden in Islam.
Allah, the Most High says:
“And lean not on those who are unjust, lest the Fire touch you...”Holy Qur'an (11:113)
“...and whoever judges not according to what Allah has sent down, they are the transgressors.” Holy Qur'an (5:47)
It is the system that outlines for Muslims how to gain wealth, invest, spend and distribute it. The ultimate goal of the economic system in Islam is to spread justice among people so that not a single person remains destitute among the people.
“Surely Allah enjoins the doing of justice and the doing of good (to others)...” Holy Qur'an (16:90)
By wealth we mean money and possessions such as land, minerals, livestock, water, woodlands, crops, foodstuffs, clothes, furniture, means of transportation, all of which are of great benefit to the Muslims.
Allah, the Beneficent, has created whatever man needs to lead his life on earth. Wealth is abundant and plentiful. This wealth is for all people and everyone has the right to have his share.
The Most High says in the Qur'an:
“And the earth, He has set it for living creatures.” Holy Qur'an (55:10)
Man can get his wealth through two channels:
The Holy Qur'an says:
“...so walk in its broad ways and eat of His provision, and to Him is the return.” Holy Qur'an (67:15)
Man can work and get whatever he deserves as a reward. He can work in agriculture, industry, trade, or any other acceptable domain.
The man who can no longer meet his basic requirements due to sickness, infirmity, disability, old age, loss of the one who supports him or because his income cannot meet his needs, is supported by the Islamic government.
He is given a share from the money collected from zakat, khums and other sources. Man's life is financially secure in Islam if he is unable to work. But, if he can work and does not want to work, then he is deprived of any financial support. Islam wants man to be an active, fruitful worker who depends on himself to secure his needs and provisions.
Imam Ja'far al-Sadiq (a) is quoted as saying:
“Allah, the Most Powerful and High, certainly made in the wealth of the rich an adequate share for the poor, if it was not so He would certainly make their share greater. If they are needy, it is because some of the rich refuse to give them their share.” 1
This tradition hadith shows the extent of attention given to solving the problem of poverty and preventing its evil consequences. Poverty is a dangerously grave problem for society and is one of the root causes of backwardness and decay. Poverty is often the primary cause of ignorance, crime, disease, unbelief and corruption. To solve this complicated dilemma, Islam sets certain laws like the poor-rates (zakat) which is mandatory on the rich, exhortation to work, warning against wastefulness, monopolies, etc.
In Islam's view, the main reasons behind poverty are:
1. Insufficient Production.
2. Poor Consumption Habits.
3. Weak Distribution System.
One basic reason for poverty is an inadequacy in manufacturing whatever man needs, such as food, clothing, household goods, housing, etc. Underproduction is attributed to:
Islam warns man against laziness and unemployment and orders him to work actively, diligently and patiently to gain the means to satisfy his needs. Islam regards work as something endearing to Allah.
Allah, the Glorified, says:
“And say: Work; so Allah will see your work and (so will) His Apostle and the faithful; and you shall be brought back to the Knower of the unseen and the seen, then He will inform you of what you did.” Holy Qur'an (9:105)
The Prophet Muhammad (s) is quoted as saying:
“Allah certainly likes the faithful professional”
He had labelled work and seeking provisions “the greater jihad.”
A man who knows how to produce machines and equipment, how to develop them and make them more efficient, can multiply his production. The result would be the satisfaction of people's basic needs.
Islam urges us to seek knowledge, and to think and devise new products through inventions and discoveries. Ignorance of technology makes it impossible to progress and causes the society to be dependent on others for their needs.
The Holy Prophet (s) said:
“Seeking knowledge is an obligation on every male and female Muslim.”
The Most High says in the Qur'an:
“And give to the near of kin their right, and to the destitute and the traveller; and squander not wastefully. Surely the squanderers are Satan's brothers...” Holy Qur'an (17:26-27)
Squandering is the second cause of poverty. Extravagance, prodigality and spending money on forbidden things like drinking alcohol, dancing, singing, corruption, and the production of weapons that can wipe mankind off the face of the earth, are but a few examples of the misuse of the fruits and wealth of the earth.
Such abuses of wealth lead to the depletion of means, and create poverty and destitution.
When a group of people monopolises a great amount of wealth, while the rest of the people can hardly make both ends meet, the community becomes divided into two groups.
A. The Affluent
B. The Deprived
This particular distribution system is found prevalent in the capitalist system today in which communities are subjugated to the rule of man-made laws.
It is for the amelioration of all people that Islam makes it an obligation to distribute wealth fairly and equally. It makes usury and monopoly forbidden, and sets rules for zakat, khums, atonements, vows to Allah, alms, etc. These taxes and payments bring in great amounts of money that are given by the rich and those who are obliged to pay them, and are distributed to the poor.
Furthermore, the Islamic state opens the doors for employment to all the unemployed, and supports the needy and the disabled, the aged, orphans and the sick. In addition to that, Islam forbids usury which is an interest taken by a creditor from the debtor as practised in banks, companies and between individuals. The ruling has been instituted so that money will not be accumulated in the pockets of some people while others remain deprived. Islam thus makes usury forbidden.
Profiteering refers to hoarding articles and badly needed goods such as foodstuffs and medicines for a period of time, then selling them at staggeringly high prices. Islam forbids this kind of monopoly so that merchants cannot play with these much needed commodities, or their prices, to amass wealth at the expense of the people.
1. The Islamic Economic System is the system which outlines how to gain wealth, invest it, spend and distribute it justly and also how to achieve financial equality among the people.
2. The Islamic Economic System is established on the foundation of justice and providing the needs of the people to save them from poverty and need.
3. The main reasons for poverty are unemployment, poor consumption habits, weak distribution, hoarding commodities and cheating with prices.
4. Islam forbids usury and monopoly and sets the rules of financial obligations so that money and wealth will not be in the hands of a few while the masses live in poverty and misery.
5. Islam forbids extravagance, prodigality and spending money on forbidden things like drinking alcohol, dancing, singing, gambling, etc. It preserves human wealth from corruption and loss. Allah has created the earth with ample provisions for the needs of all creatures.
6. The Islamic state is responsible for the poor, disabled people, and those who are unable to find a source of living or who cannot find anyone to support them and should provide them with their needs.
An Islamic society is the society whose members have faith in Islam, apply its laws in their life, abide by its moral standards of love, brotherhood, equality, mercy, and trust, performing religious duties and abstaining from doing what is unlawful.
In a true Islamic society, drinking alcohol, practising usury, dressing immodestly, deceiving each other, giving or taking bribes, injustice, violating others rights, are all avoided and prohibited.
Even when the society is so-called Muslim but in it people discard Islam and commit unlawful acts publicly without the slightest feeling of shame, and no power or authority exists to deter them, this society cannot be considered an Islamic one. What matters is the lifestyle and system they adopt, not the name they call it.
The social system in Islam is based on ties and relationships which draw Muslims close together and organise their lives. They include:
Allah, the Most Glorified, says:
“Surely the faithful are but brothers...” Holy Qur'an (49:10)
“And the faithful men and women, are friends of each other...” Holy Qur'an (9:71)
Allah, the Exalted, says:
“Surely Allah bids to justice, benevolence and giving to relatives, and He forbids indecency, evil and transgression. He exhorts you so that you may remember.” Holy Qur'an (16:90)
Allah, the Compassionate, says:
“...and cooperate (with each other) for righteousness and cooperate not in sin and enmity...”Holy Qur'an (5:2)
In every aspect of life, the members of an Islamic society cooperate wholeheartedly with each other. For example, in building mosques and schools, helping the needy, fighting oppression, establishing economic, social and cultural associations, are all forms of co-operation within the society.
It is another significant principle of the social system in Islam. Honesty, sacrifice, mercy, sympathy, love, faithfulness, keeping ties with near kin, respecting neighbours, and being kind and gentle to others, are factors which consolidate a society and gladden its members. They become serene and free from worries and pressures. There is no sadness.
It is our responsibility to form an Islamic society and keep it safe from subversive and corrupt elements by means of enjoining good and forbidding evil.
Allah made jihad an obligatory duty on all Muslims to defend themselves against the enemies of Allah, and to protect their homeland, religion and interests from the aggression of the infidels and oppressors.
Allah, the Eternal, says:
“And fight them until there is no more sedition and the religion be wholly for Allah...” Holy Qur'an (8:39)
Allah has made jihad obligatory for every able Muslim man when it is necessary to defend Islam and Islamic homelands against danger. Islam has also made it obligatory for every human being to carry out jihad against his own self to defend his soul from envy, jealousy, deceit, cheating, lying, stealing, and all other evils that attack man's spirit.
Jihad achieves victory, power and dignity for the Muslim nation and rids us of the colonialists and oppressors.
“But no, by your Lord! They will not believe until they make you a judge in what they dispute among themselves, then they will find in themselves no uneasiness touching your verdict and shall submit in full submission.” Holy Qur'an (4:56)
Naturally, human societies witness problems and differences among the people. Some may assault others, someone may beat another, someone may steal another's money, commit murder, or otherwise endanger the life of a member of society. A difference may arise between them over the ownership of a piece of land, a debt, or any other source of contention.
Islam aims to establish justice, security and stability in society. To do this, it sets certain laws and rules in effect to punish transgressors and deter them from resorting to violence. These laws oblige the Muslims to take their cases before the judiciary to be examined and judged. Islam makes acceptance of the verdict passed by the Islamic court a requirement of faith as is shown by the above Qur'anic verse.
By establishing the judiciary in Islamic society, security, stability and justice can be preserved. Crime and evil is also controlled. For the criminal and transgressor fear of punishment, tends to urge them to refrain from these acts against society. Were it not for the judiciary and punishment, human societies would be plagued by chaos.
“And that when you judge between people you judge with justice.” Holy Qur'an (4:58)
“...and when you speak, then be just though a be (against) a relative,...” Holy Qur'an (6:153)
1. The judge should be a jurisprudent (faqih) and sufficiently wise with respect to Islamic laws so that he can pass judgement in light of this knowledge.
2. The judge should be a pious man who judges justly and rightly.
3. No judgement can be given without evidence, testimony of witnesses, and/or the admission of the accused.
4. Every accused man is innocent until he is proven guilty. If guilty, he is punished and or ordered to restore the injured party's rights.
5. The judgement handed down by the Islamic court should be in accordance with the laws and rules of Islam alone.
Praise be to Allah, Lord of the worlds