"Our State" An examination of the current debate on implementing sharia

In The Name of God the Most-Merciful, the Most-Beneficent

فَلاَ تَخْشَوُاْ النَّاسَ وَاخْشَوْنِ وَلاَ تَشْتَرُواْ بِآيَاتِي ثَمَنًا قَلِيلا

وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللّهُ فَأُوْلَـئِكَ هُمُ الْكَافِرُون

“…therefore fear not the people and fear Me, and do not take a small price for My communications; and whoever did not judge by what Allah revealed, those are they that are the unbelievers.”

(Al-Maaidah 5:44)

Since its inception, Islam has been a political institution, with Muslims dating their calendar from the time hijra, which marked the beginning of the Islamic State.[1] Now a millennia and a half later Muslims are once again realizing the beauties of that system. Throughout the Muslim world the call of ‘returning to Islam’ has arisen often accompanied by tumultuous political change, as was the case with Iran.[2]

We shall examine the necessity of an Islamic system of government comparing the various arguments surrounding the realization of such an Islamic state, an Islamic state being one that implements the sharia,[3] and whether or not in Islam deen is separate from politics, In the last century, after the fall of the Islamic State, the discussion has been raised and has especially caught on amongst secularist Muslim living in the West. It is an ongoing debate and the arguments of both sides are to be understood in order that the correct one may be ascertained. For the sake of brevity and constraints the following shall be structured around various counter-arguments where the arguments will hopefully be apparent from the answers. Speaking as a Muslim however, the Qur’anic verses constitute the final hujja, or proof for an argument and statements contrary to the Qur’an will naturally be discarded and avoided.

Currently the post-colonialist Islamic world is undergoing a unique phase in it’s existence, as never before has it been in such a state of disarray. There are currently approximately 51 countries with a majority Muslim population[4] and nationalist borders have been drawn separating one Muslim from another, many a times against popular will, and this is seen by many as the key source of the Muslim ‘fall from grace’. Only by standing united can these problems be solved.[5] Verily Allah (swt) stresses the importance of Muslims standing united:

“O you who believe! Be careful of (your duty to) Allah with the care which is due to Him, and do not die unless you are Muslims. ۝ And hold fast by the covenant of Allah all together and be not disunited, … thus does Allah make clear to you His communications that you may follow the right way.”

(Aali Imraan 3:102-3)

As stated the separation of religion and state is a very recent concept in Islam. In the grand scale of history it is not a very old phenomenon, even in western society, marking its birth in the French Revolution. Grand Ayatollah Fazel Lankarani, a marjae-taqleed and High Islamic Authority in Iran, has stated concerning Islam and politics:

“Islam is a political religion in all its aspects and if any one thinks even a little while about judicial, political, social and economic rulings of Islam will easily grasp this concept. Any one who thinks religion is seperate from politics, he is surely ignorant about Islam and politics.”[6]

Indeed it is widely accepted by Muslim scholars and in fact by the majority of the Muslim ummah throughout the ages that Islam and politics are inseparable. It is only in the last century that we have begun to see a trend towards secularization in Muslim countries. The concern about this is raised by Taqiuddin an-Nabhani, the founder of the Hizb ut-Tahrir, in his book “The Islamic State” where he states:

“The concepts which the Muslims carry, such as nationalism, separating the religion from the State, and the anti-Islamic notions are the very poison that this Western culture has injected in their veins.”[7]

It has been argued that it is exactly the separation of religion from politics, which has been key to the downfall of the Muslim nations.[8] Many realize that Allah (swt) has the responsibility of guiding us, and certainly Allah (swt) who has through his messenger guided us in all aspects of life has not neglected to teach us how to carry out one of the most important and difficult of tasks: governing ourselves. Even non-Muslims concede that religion, despite centuries of effort in the west on part of some, is inseparable from politics. Quoting Graham E. Fuller, the former vice-chairman of the National Intelligence Council at the CIA: “How could religion, with its vision of the place of human existence in the grand scheme of things, remain uninterested in the form expression, and direction of human society and politics?”[9] Indeed to many religious and practicing Muslims the idea of separating religion from politics seems very much implausible.

A government is the representative of the people and plays one of the most important parts in determining the quality of life of its people. It is a universal truth that a government, which does not represent the beliefs and values of its people, and prohibits them from carrying out the tenets of these beliefs, is an oppressive one. Therefore a country such as Turkey, with a majority Muslim population, that prohibits its women from practicing their deen is oppressing these people. Much like pre-revolutionary Iran where the shah banned the hijab in the name of progress, also forcing men to wear Western hats, assuming that a man’s hat somehow contributed to his modernization.[10] Indeed upon his visit to Turkey the shah commented on Ataturk:

“We have been to meet a very great man. We must bring our people to the same level of development and progress as his.”[11]

In the name of progress the shah confined all religious and dutiful Muslim women to their homes and forced them into confinement and a marginalized role in society. The situation in Europe is much a kin to those days, and the International Helsinki Federation for Human Rights unveiled in a study that the ban of the hijab amongst other things has contributed to widespread anti-Islam tendencies, stating:

“We are concerned that these developments threaten to undermine positive efforts at integration and further increase the vulnerability of Muslims to human rights violations and marginalisation.”[12]

It is only natural then that Muslims being ruled by Islam is the best representation of their beliefs and values.

“And so judge between them by what Allah has revealed and follow not their desires”

(Al-Maaidah 5:49)

This verse commands the Prophet (s) to rule by “what Allah has revealed”, that is, the religion of Islam. An-Nabhani correctly understood that “Any address to the Messenger (saaw) is considered an address to the entire Ummah as long as there is no daleel restricting the order to the Messenger (saaw)”[13] keeping in mind verse 44 of Al-Maaidah, we realize that as Allah (swt) orders the Prophet (s) to rule[14] using Islam so then we too must do likewise. The specified verse itself is a clear, unequivocal and muhkam commandment from Allah (swt) that a Muslim statesman, as the Prophet himself was also one, must rule by “what Allah has revealed”.

The Messenger of God (s), who brought Allah’s (swt) final message to mankind was not only a messenger who brought a book, but rather his very life and manner was an example by which every Muslim is to lead their life. His sunna was to become, along with the revealed Word of God, in the form of the Qur’an, the basis for the Islamic Law. The sharia is unique in comparison to other laws, in that it not only outlines matters of public affairs, taxations, criminal law and other such social aspects of legislation, but rather it permeates into every sphere of human life. Allah (swt) in the Qur’an commands the Muslims to emulate the Prophet (s) in all things:

“Certainly you have in the Apostle of Allah an excellent exemplar”

(Al-Azhaab 33:21)

And:

“…whatever the Apostle gives you, accept it, and from whatever he forbids you, keep back, and be careful of (your duty to) Allah; surely Allah is severe in retributing (evil)”

(Al-Hashr 59:7)

Also:

“Whoever obeys the Apostle, he indeed obeys Allah, and whoever turns back, so We have not sent you as a keeper over them.”

(Al-Maaidah 4:80)

Undoubtedly Allah (swt) has commanded us to follow the example of the Prophet (s) and to obey his sunna. There are however limits to the sunna, as actions of the Prophet (s) that fall into the periphery of his mission; such as his favourite colour, his sleeping and eating habits etc. only indicate permissibility of such actions.[15] But his commandments and prohibitions carry equal weight to that of the Qur’an, once their authenticity is ascertained. Therefore any implementation of the sharia requires an emulation of the Qur’anic injunctions and the Prophet (s). An Islamic state is to be modelled after the sunna of the Prophet (s) and his example are to set the universally accepted standard of such a state.

It is vital to realize that democracy is not the yardstick to be measured against, as is often believed by some. Truly often democracy will lead to results that are unpleasing to those who advocate it, and are willing to go to war to force others to accept it. America’s wars to solidify their position of global hegemony has often been carried out under the rhetoric of spreading ‘democracy’ to the victims. [16] However when democracy works against these plans it is ignored and excuses are proffered; as was the case in Palestine where ‘terrorist’ Hamas won elections by due democratic process yet was faced with heavy sanctions despite no foul play in the elections which were heavily monitored by international organizations. Thankfully the idea of liberal democracy has not become deeply entrenched in Muslim minds and it is still recognized that Islam truly offers a better solution to the problems faced in Muslim countries.[17]

As mentioned before the Prophet (s) established a state after his migration to Medina, where he was freely elected by the people therein. During the al-‘ahd al-Makki period he did not try and impose Islamic sharia on the unbelievers indeed the legislation revealed only concerned matters of belief. He was however continuously working towards establishing the Islamic state and it was only after the second bayah of Aqabah that the permission to fight was given. [18] It is after this that Islam began to truly emerge as a political force and there is a lesson to be learned from all this by Muslims nowadays. Muslims living in countries with a majority Muslim population should not try and impose the Islamic laws on fellow country men, but rather should practice all laws relating to their beliefs and follow the law of the land in so much as they can. However in a country with a majority Muslim population the Muslims have a duty upon them to bring about a the existence of a Muslim state.

“Let there arise amongst you a group that invite to the good, orders what is right and forbids what is evil, and they are those who are the successful”

(Aali Imraan 3:104)

It is the duty thus of Muslims to go about enjoining the good and forbidding the evil, this policy of course extends to the government as well.[19] A government that promotes evil or accepts it should be the object of amri bi ma’ruuf wa nahy ‘an il-munkar, and any law that opposes the sharia should thus be abolished under the tenets of the latter, and any law that the sharia calls for should be implemented under the tenets of the former. Therefore it is incorrect to call for sharia in non-Muslims countries yet it is a duty to establish one in Muslim countries. Nevertheless even non-Muslims in Muslim countries should not

be ostracized but kept as a part of the society with equal rights to those of the Muslims, as long as they participate equally in the health and advancement of that society, as was laid down in the constitution of Medina by the Messenger of Allah (s).[20]

As we have seen Islam decrees to it’s followers to obey the sunna of the Prophet (s) and the Prophet’s establishing of an Islamic State is an example that we should follow considering 33:21 and 59:7. Furthermore it is only correct and reasonable that Muslims be ruled by an Islamic government that understands and is understanding towards their needs, desires, and outlook on life. Therefore as Muslims we should work towards establishing this in our countries (unless such a state has already been established in one’s country), and as for those living in hardhsip it is good to keep in mind the words of Allah (swt):

"Our Lord!

Bring us forth from out of this town of which the people are oppressors!

Oh Lord, give us from Thy Presence some protecting friend,

and give us from Thy Presence some defender!"

(An-Nisaa 4:75)

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[1] Subhani, Jafar, The Message, p.325

[2] Mutalib, Hussin and Hashmi, Taj ul-Islam (ed.), Islam, Muslims and the Modern State, part II

[3] Chaudhery, Muhammad Sharif, An Introduction To Islamic State and Government, p. 7

[4] http://www.answers.com/topic/islam-by-country n.b. 37 of these countries have an over 80 % Muslim population

[5] Fuller, E. Graham, The Future of Political Islam, p. 3

[6] Lankarani, Mohammad Fazel, Resalah of Tawdhih-al-Masael, p. 281

[7] An-Nabhani, Taqiuddin, The Islamic State, p. 1

[8] Reference needed

[9] Fuller, E. Graham, The Future of Political Islam, p. XIII

[10] Zubaida, Sami, Law and Power in the Islamic World, p. 187

[11] Ibid.

[12] http://news.bbc.co.uk/1/hi/world/europe/4325225.stm

[13] Ibib. p. 222

[14] The word يَحْكُم comes from the root h – k – m which according to the Hans Wehr dictionary of Arabic means, amongst other things, to “govern, rule, dominate, control”, therefore the word “judge” used in the translation does not fully reflect the meaning of the verse, which commands not only to judge but to rule and govern.

[15] Kamali, Mohammad Hashim, Principles of Islamic Jurisprudence, p.67

[16]. For more information on the subject of ‘exporting’ democracy through forceful means see Chomsky, Noam, Hegemony or Survival: America's Quest for Global Dominance, Owl Books

[17] Fuller, E. Graham, The Future of Political Islam, p. 15

[18] El-Awa, Muhammad S., On The Political System of The Islamic State, p. 9

[19] Ibid. p. 113

[20] Ibn Ishaq, The Life of Muhammad, (trans. A. Guillame), p.233

Bibliography

· Kamali, Mohammad Hashim, Principles of Islamic Jurisprudence, Cambridge: The Islamic Texts Society, 2003

· Grand Ayatullah Lankarani, Mohammad Fazel, Resalah of Tawdhih-al-Masael, Tehran: Islamic Cultural Publication Center, 1999

· An-Nabhani, Taqiuddin, The Islamic State, London: Al-Khilafah Publications, 1998

· Ayatullah Subhani, Jafar, The Message, Qum: Ansariyan Publications 2004

· Mutalib, Hussin and Hashmi, Taj ul-Islam (ed.), Islam, Muslims and the Modern State, London: Macmillan Press Ltd., 1996

· Zubaida, Sami, Law and Power in the Islamic World, I. B. Tauris & Co Ltd., 2005

· Wehr, Hans, A Dictionary of Modern Written Arabic, (3^rd ed.)

· Fuller, E. Graham, The Future of Political Islam, New York: Palgrave Macmillian, 2004

· Chaudhery, Muhammad Sharif, An Introduction To Islamic State and Government, Safat: Islamic Book Publishers, 1996

· El-Awa, Muhammad S., On The Political System of The Islamic State, Cairo: American Trust Publications, 1980

· Ibn Ishaq, The Life of Muhammad, (trans. A. Guillame), Karachi, Oxford University Press, 1982

· http://www.answers.com/topic/islam-by-country n.b

· http://news.bbc.co.uk/1/hi/world/europe/4325225.stm