Religious Studies Assignment no.

Assignment topic:
“Salient Features of an Islamic State and the rights of
minorities”

Submitted to: Ma’am Umm e Ammarah

Date of submission: 21st December,2018

Submitted by: Group 02

Anum Mairaj (160701006)
Rabbia Farrukh (160701009)
Muhammad Shaharyar Khan (160701013)
Zain-ul-abideen (160701007)
Hamza Akram (160701008)
Abdul Manan (160701012)
Table of content:
Introduction ..................................................................................................................................... 2
1. Sovereignty of God: .................................................................................................................... 2
2. Khilafah of mankind (viceregency of man): ............................................................................... 4
3. Legislation by Shura (consultation): ........................................................................................... 5
4. Rule of Sharia’h: ......................................................................................................................... 7
5. Independence of judiciary: .......................................................................................................... 8
6. The authority of Islamic Caliph to wage Jihad: .......................................................................... 9
7. Working of an Islamic state Executive body ............................................................................ 10
8. Equality before law: .................................................................................................................. 10
9. Accountability of government. ................................................................................................. 12
1. Obedience of the ruler........................................................................................................ 12
2. Equality of citizens and equal opportunity. ....................................................................... 13
3. Welfare state ...................................................................................................................... 14
4. Rights of citizens................................................................................................................ 14
5. The responsibility of the state to propagate good deeds and discourage bad deeds (amr bil
maroof wa nahiul munkar). ....................................................................................................... 15
Rights of minorities in an Islamic state......................................................................................... 15
I. Mu ‘ahidin (parties to a contract)....................................................................................... 15
II. Ahl al-dhimma (protected or guaranteed citizens) ............................................................. 16
Conclusion .................................................................................................................................... 17
References ..................................................................................................................................... 17

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Introduction
The establishment of the Darussalam Madinah, by Prophet Muhammad (PBUH), laid the foundation of
the first Islamic welfare state which was governed according to the divine principles by the Prophet of
Allah. The rightly guided Caliphs continued and expanded, the most perfect form of government which
was ever implemented, in their respective tenures. The following discussion briefly describes the salient
features of an Islamic state.

1. Sovereignty of God:
This principle forms the basis of an Islamic state as it declares that the right of governance and its method
lies only with Allah alone. Islam lays the foundation of all its systems, whether political, economic, social
or any other, on one fundamental principle — that the ultimate sovereignty and ownership belongs only
to God Almighty. As it is stated in Surah az-Zukhruf that:

‘’That is, greatly blessed is Allah to whom belongs the kingdom of the
heavens and the earth. Similarly, all that is between them is also under His
ownership and control. To Him also belongs the knowledge of the last Hour
— when all of these have served their purpose and the time for them to
perish has arrived. Ultimately, everything will be brought back to Him.’’

In this verse Almighty God announces that the rules over the heavens and the earth and whatever lies
between the two is under His ownership and control. Furthermore, it is God alone who knows the destined
time when every living being, after fulfilling the purpose of its creation, must face its end and return to
Almighty Allah. In brief, this verse lays down that the kingdom of the heavens and earth really belongs to
God, and everything that exists therein is destined to return to Him.

When a person is made responsible for a specific task, or is entrusted with something of value, he is
answerable to the one who entrusted him with those responsibilities; but a person who regards himself
free and unanswerable to anyone would be inclined to do whatever he pleases. This verse of the Holy
Quran is a reminder that all worldly governments, kingdoms and powers are under God’s command and
are granted to human beings only as a trust. Man must not consider himself unaccountable just because
he has the power and ownership of material wealth that he is given in this world. He may appear to have

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authority and ownership on the surface, but in truth he is only holding a trust from God. Human beings
are answerable before God that they rightfully discharged the trust that was reposed in them.

In the Qur’an, God (called “Allah” in Arabic) is often given all attributes indicating sovereignty,
subordination, subjugation and mastery. For example, God is described as “Sovereign” in the Qur’an. We
read:

He is Allah, and there is no God beside Him, the King, the Holy One, the
Source of Peace, the Bestower of Security, the Sovereign, the Mighty, the
Subduer, the Exalted. Holy is Allah far above that which they associate
with Him. (Al-Hashr 59:23)

God is also described as “Subduer”. We read:

Say, [O Muhammad], “I am only a warner, and there is not any deity except
Allah, the One, the Subduer. Lord of the heavens and the earth and
whatever is between them, the Exalted in Might, the Perpetual
Forgiver.” (Sad 38:65-66)

We also read:

If Allah had intended to take a son, He could have chosen from what He
creates whatever He willed. Exalted is He; He is Allah, the One, the
Subduer. (Az-Zumar 39:4)

God is also described as “Subjugating Authority”. We read:

And He is the Subjugating Authority over His servants. And He is the Wise,
the Acquainted [with all]. (Al-An`am 6:18)

He is also described as the “Master”. We read:

And Allah is the Master of His affair, but most of the people do not
know. (Yusuf12:21)

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2. Khilafah of mankind (viceregency of man):
A form of government which is founded upon Islamic Sharia’ is called Khalifa/caliphate. The caliph must
be the true follower of Prophet Muhammad (S.A.W). A wise, pious man who could be trusted for guarding
the Islamic constitution (divine laws) and ensure its imposition. He is also the symbol of Muslim’s unity
and brotherhood. He can be held accountable by the judiciary, just like an ordinary person, if found guilty
of error/crime.

One of the good attributes and values of human beings is the possibility of being caliph or representative
of Allah on His earth. This is the highest value or perfection that one may reach. Because of the importance
of this subject we should speak about it more.

The term Khalifa literally means that which comes after another a successor. For example, a new
generation is Khalifa of the old one.

“But there came after them an evil generation, who wasted the prayer, and
followed lusts; so they shall encounter error” (19:59)

According to the monotheistic view of the Glorious Qur'an no one has authority over people and the fight
to judge among people, unless assigned or approved by Allah.

If someone is knowledgeable, it does not mean he can judge. Allah has the right to judge and He appoints
prophets. Prophets can also appoint others. There are many traditions of our Imams in which they explain
that a person who has some qualities such as justice and ability to understand Islamic laws directly (ijtihad)
can also judge as they are appointed by the Imams. So, there are two types of appointment: General
appointment which is due to the possession of certain qualities, and special appointment in which some
particular person is appointed and his name is mentioned.

The Bay’ah (pledge of allegiance) The second principle of the Islamic ruling system is that ‘Authority
belongs to the Ummah’.

1. The Khalifa is not a King or dictator who imposes his authority on the people through coercion and
force. The Khalifa’s authority to rule must be given willingly by the Muslims through the Islamic
ruling contract known as Bay’ah.
2. Without this Bay’ah the Khalifa cannot rule. The Bay’ah contract is between two parties - the Khalifa
and the Muslims. The principle conditions of the Bay’ah are that the Khalifa fulfils the seven
mandatory conditions of his post and to implement Shari’ah upon the citizens of the state.

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 3. The seven mandatory conditions of the Khalifa’s post are listed below. Violation of any of these will
result in the impeachment of the Khalifa and his removal from office unless the violation can be
rectified.
• Muslim, Male, Mature, Sane, just (‘adl), Free, Competent As an example if it was proven that
the Khalifa drinks alcohol and womanises, this would make the Khalifa a fasiq and would
contradict the condition of him being just (‘adl). The Muslims must also fulfil their side of
the Bay’ah contract which is to obey the Khalifa openly giving him the clasp of their hands
and secretly by the fruit of their hearts. Imam Muslim reported that the Messenger of Allah
(saw) said:

“Whosoever gave a Bay’ah to an Imam, giving him the clasp of his hand,
and the fruit of his heart shall obey him as long as he can, and if another
comes to dispute with him, you must strike the neck of that man.”

The citizens of an Islamic state must obey their ruler/Khalifa is all the matters that are not contrary to
Islamic Sharia’. They have a right to submit their doubts or complaints against Khalifa or other officials in
judicial courts. They will be punished if they disobey the ruler or break laws.

“O you who believe! Obey Allah and obey the messenger, and those
charged with authority among you. If they differ in anything among
yourselves, refer it to Allah and His Messenger, if you do believe in Allah
and the last day: that is best and most suitable for final determination”
(Surah An-Nisa 59)

3. Legislation by Shura (consultation):

In an Islamic state any, new legislation is based on the consultation of a group top jurists known as the
majlis e shura. A Shura (consultative council), elected by the people, will assist and guide the Amir. It is
obligatory for the Amir to administer the country with the advice of his Shura. The Amir can retain office
only so long as he enjoys the confidence of the people and must resign when he loses this confidence. Every
citizen has the right to criticize the Amir and his Government, and all responsible means for the expression
of public opinion should be available.
Legislature in its present sense is unknown to the Islamic system. The religio-political system which is
called din-i-Islam is a complete system which contains the mechanism for discovering and applying law to
any situation that may arise. During the Islamic Republic there was no legislature in its modern sense; and
for every situation or emergency that arose, law could be discovered and applied by the ulama. The law
had been made and was not to be made, the only function of those entrusted with the administration of law
being to discover the law for the purposes of the case, though when enunciated and applied it formed a
precedent for others to follow.

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It is wholly incorrect, as has been suggested from certain quarters, that in a country like Pakistan, which
consists of different communities, Muslim and non-Muslim, and where representation is allowed to non-
Muslims with a right to vote on every subject that comes up, the legislature is a form of ijma' or ijtimad,
the reason being that ijtimad is not collective but only individual, and though ijma' is collective, there is no
place in it for those who are not experts in the knowledge of the law. This principle at once rules out the
infidels (kuffar) whether they be people of Scriptures (ahl-i-kitab) or idolaters (mushrikeen).

Since Islam is a perfect religion containing laws, express or derivable by ijma' or ijtihad, governing the
whole field of human activity, there is in it no sanction for what. may, in the modern sense, be called
legislation. Questioned on this point, Maulana Abul Hasanat, President, Jami'at-ul-Ulama-i-Pakistan, says:
-

"Q.-- Is the institution of legislature as distinguished from the institution of a person or body of
persons entrusted with the interpretation of law, an integral part of an Islamic State?
A.-- No. Our law is complete and merely requires interpretation by those who are experts in it.
According to my belief no question can arise, the law relating to which cannot be discovered from the
Qur'an or the hadith.
Q.-- Who were Sahib-ul-hall-i-wal-aqd?
A.-- They were the distinguished ulama of the time. These persons attained their status by reason of
the knowledge of the law. They were not in any way analogous or similar to the legislature in modern
democracy."

The same view was expressed by Amir-i-Shari'at Sayyid Ata Ullah Shah Bukhari in one of his speeches
reported in the "Azad" of 22nd April 1947, in the course of which he said that our din is complete and
perfect, and that it amounts to kufr to make more laws.

Maulana Abul Ala Maudoodi, however, is of the opinion that legislation in the true sense is possible in an
Islamic State on matters which are not covered by the Qur'an, the sunnah, or previous ijma', and he has
attempted to explain his point by reference to the institution of a body of persons whom the Holy Prophet,
and after him the khulafa, consulted on all matters relating to affairs of State.

The question is one of some difficulty and great importance, because any institution of legislature will
have to be reconciled with the claim put forward by Maulana Abdul Hasanat and some other religious
divines that Islam is a perfect and exhaustive code wide enough to furnish an answer to any question that
may arise relating to any human activity, and that it does not know of any "unoccupied field" to be filled
by fresh legislation.

There is no doubt that Islam enjoins consultation, and that not only the Holy Prophet but also the first
four caliphs and even their successors resorted to consultation with the leading men of the time who for
their knowledge of the law and piety could well be relied upon. In the inquiry not much has been disclosed
about the Majlis-i-Shura except what is contained in Maulana Abul Ala Maudoodi's written statement
which he supplied to the Court at its request. That there was a body of men who were consulted is true,
but whether this was a standing body, and whether its advice had any legal or binding force, seems
somewhat doubtful.

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These men were certainly not elected in the modern way, though their representative character cannot
be disputed. Their advice was certainly asked, but that they were competent to make law as the modern
legislatures make laws is certainly not correct. The decisions taken by them undoubtedly served as
precedents and were in the nature of ijma', which is not legislation but the application of an existing law
to a particular case. When consulted in affairs of State, their functions were truly in the nature of an advice
given by a modern cabinet, but such advice is not law but only a decision.

Nor can the legislature in a modern State correspond to ijma' because, as we have already pointed out,
the legislature legislates while the ulama of Majlls-i-Shura who were called upon to determine what
should be the decision on a particular point which was not covered by the Qur'an and the sunnah, merely
sought to discover and apply the law, and not to promulgate the law, though the decision when taken had
to be taken not only for the purposes of the particular case but for subsequent occasions as a binding
precedent.

An intriguing situation might arise if the Constitution Act provided that any provision of it, if it was
inconsistent with the Qur'an or the sunna, would be void, and the intra vires of a law made by the legislature
were questioned before the Supreme Court on the ground that the institution of [the] legislature itself was
contrary to the Qur'an and the sunna.

4. Rule of Sharia’h:
The law enforced in an Islamic state is Sharia. Islam's Sharia law is cast from the words of
Prophet Muhammad (PBUH), called "hadith," his actions, called "sunnah," and the Quran, which he
dictated. The Sharia law itself cannot be altered but its interpretation, called "fiqh," by muftis (Islamic
jurists) is given some latitude.

As a legal system, the Sharia law is exceptionally broad. While other legal codes regulate public behaviour,
Sharia regulates public behaviour, private behaviour, and even private beliefs. Compared to other legal
codes, the Sharia law also prioritizes punishment over rehabilitation and favours corporal and capital
punishments over incarceration.

Sharia, or sharia law, is the Islamic legal system derived from the religious precepts of Islam, particularly
the Quran and the Hadith. The term sharia comes from the Arabic language term sharia, Arabic: ‫ﺷرﯾﻌﺔ‬
which means a body of moral and religious law derived from religious prophecy, as opposed to human
legislation.

Sharia deals with many topics, including crime, politics, and economics, as well as personal matters such
as personal hygiene, prayers etc. Adherence to sharia has served as one of the distinguishing
characteristics of the Muslim faith historically. In its strictest and most historically coherent definition,
sharia is considered in Islam as the infallible law of God.

There are two primary sources of sharia: the Quran, and the Hadiths (opinions and life example
of Muhammad). For topics and issues not directly addressed in these primary sources, sharia is derived.

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The derivation differs between the various sects of Islam (Sunni and Shia), and various jurisprudence
schools such as Hanafi, Maliki, Shafi'i, Hanbali and Jafari. The sharia in these schools is derived
hierarchically using one or more of the following guidelines: Ijma (usually the consensus of Muhammad's
companions), Qiyas (analogy derived from the primary sources), Istihsan (ruling that serves the interest
of Islam in the discretion of Islamic jurists) and Urf (customs).

5. Independence of judiciary:
Man is a social being by nature. He cannot live perpetually on his own, completely independent of others.
People are interdependent. Consequently, friction arise between them when their personal interests
come into conflict with each other, or when what they perceive as their individual rights infringe upon
those of others. Conflicts between them inevitably break out. In some cases, one party to the conflict
might be strong and aggressive while the other is weak and condescending, incapable of defending his
rights.

Because of this, it becomes necessary for there to be a way to prevent people from oppressing one
another, to ensure that the weaker members of society receive justice, and to determine right from wrong
when issues get complicated or uncertain. This can only be realized through a judge that has the power
to give legal verdicts in cases of dispute.

For this reason, we find that the existence of a judge is considered by Islamic law and the laws of all the
other revealed religions to be both a religious obligation and a necessity of human life. Allah says:

We have sent Messengers with clear proofs, and sent down with them the Scripture and the Balance
that mankind can establish justice.

Independence of judiciary is a vital principle of the rule of law. Judiciary has been given a supreme and
vast power in Islam. There are no clear and specific instructions in Quran regarding the relations between
the state organs in Islam but the conventions of the Prophet (PBUH) provide us with some guiding
principles. It shows that the Head of the State is the supreme power in the state. As such he is the Chief
executive and the head of the legislature as well as of the judiciary. However, the three departments
operate independently and separately from each other under the supervision of the head of the state. He
does not interfere in the people’s internal affairs but the final appeal or reference to any matter goes to
him. Shafi’i, Mālkīi and Hunbalī jurists are of the opinion that the appointing authority or caliph has no
power to dismiss a Qadhi without any sound reasons. The most conspicuous characteristic of the judiciary
set up by the Prophet (PBUH) was its impartiality.

The social, political and religious status of any individual never influenced the administration of justice at
Madinah. The concept of the independence of the judiciary in Islam has been elaborated by discussing
the significance, Islamic ruling and the basic guiding rules for the independence of Judiciary.

Independence of judiciary in Islam means independence of an individual judge or a collective judiciary to

decide impartially according to the injunctions of Islam. It also means that the decision of a judge must
not be influenced by any kind of pressure from any person and nothing or no one could deviate him from

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correct and impartial decision which is the basic objective of the administration of justice. Al Fudhailat
views that judiciary is an independent and a separate constitutional organ of a state.

6. The authority of Islamic Caliph to wage Jihad:

The caliph of an Islamic state had the ultimate authority to give a call for jihad to the entire Muslim
ummah. But to understand fully how he possessed the moral authority and what are the condition for
waging jihad against non-Muslim we must first fully understand the true meaning of jihad. The word
“jihad” means “struggle” or “striving” (in the way of God) or to work for a noble cause with determination;
it does not mean “holy war” (war in Arabic is harb and holy is muqadassa). Unlike its medieval Christian
counterpart term, “crusade” (“war for the cross”), however, the term jihad for Muslims has retained its
religious and military connotation into modern times. The word jihad has appeared widely in the Western
news media following the 11 September 2001 terrorist attacks on the World Trade Centre and the
Pentagon, but the true meaning of this term in the Islamic world (it is sometimes called the “sixth pillar”
of the faith) is still not well understood by non-Muslims.

The Arabic term jihad is properly defined as “struggle” or “striving” and is generally described as taking
place at two levels: the inner (or greater) and the outer (or lesser). According to the hadith (records of the
sayings and deeds of the Prophet Muhammad), inner jihad is the struggle within oneself to avoid sinful
behaviour and live according to the principles of the Quran, Sunna (example of the Prophet Muhammad),
and Sharia (values or principles elaborated into Islamic law). Outer jihad, on the other hand, refers to the
defense of the Muslim community under attack. This can be a “soft defense,” such as through verbal or
written debate or persuasion (jihad of the tongue, or jihad of the pen), or “hard defence” (also known as
“jihad of the sword”), such as through physical or military defines of a community. In the early 21st
century, some Muslims engage the terminology of “civilian jihad” for nonviolent political action and civic
engagement.

Jihad, also spelled jehad, (“struggle,” or “battle”), a religious duty imposed on Muslims to spread Islam by
waging war; jihad has come to denote any conflict waged for principle or belief and is often translated to
mean “holy war.”

Islam distinguishes four ways by which the duty of jihad can be fulfilled: by the heart, the tongue, the
hand, and the sword. The first consists in a spiritual purification of one’s own heart by doing battle with
the devil and overcoming his inducements to evil. The propagation of Islam through the tongue and hand
is accomplished in large measure by supporting what is right and correcting what is wrong.

The fourth way to fulfil one’s duty is to wage war physically against unbelievers and enemies of the
Islamic faith. Those who professed belief in a divine revelation—Christians and Jews in particular—were
given special consideration. They could either embrace Islam or at least submit themselves to Islamic rule
and pay a poll and land tax. If both options were rejected, jihad was declared.

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7. Working of an Islamic state Executive body

8. Equality before law:

Since God is the absolute and the sole master of men and the universe, He is the sovereign Lord, the
Sustainer and Nourisher, the Merciful, Whose mercy enshrines all beings; and since He has given each
man human dignity and honor, and breathed into him of His own spirit, it follows that, united in Him and
through Him, and apart from their other human attributes, men are substantially the same and no tangible
and actual distinction can be made among them, on account of their accidental differences such as
nationality, color or race. Every human being is thereby related to all others and all become one
community of brotherhood in their honorable and pleasant servitude to the most compassionate Lord of
the Universe. In such a heavenly atmosphere the Islamic confession of the oneness of God stands
dominant and central, and necessarily entails the concept of the oneness of humanity and the
brotherhood of mankind. In Quran ALLAH says:

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 “The believers are but a single Brotherhood, so make peace with your
brethren.” (Al-Quran 49:10)

Equality, in fact, is the most fundamental issue in the Islamic worldview and one of the branches of the
robust tree of Tawhid. Equality aims at eliminating discrimination and moving toward human ascendency.

Although an Islamic state may be set up in any part of the earth, Islam does not seek to restrict human
rights or privileges to the geographical limits of its own state. Islam has laid down some universal
fundamental rights for humanity as a whole, which are to be observed and respected under all
circumstances whether such a person is resident within the territory of the Islamic state or outside it,
whether he is at peace or at war. The Quran very clearly states:

"O believers, be your securers of justice, witness for God. Let not detestation
for a people move you not to be equitable; be equitable - that is nearer to God-
fearing." (5:8)

Islam does not distinguish between human beings according to their races, gender, color, or their beliefs.
Islam looks at everyone as equal to each other, because at the end we are all the same in front of Allah
Almighty. Humans are all made of mud, all mankind is the lineage of Adam and Adam was formed out of
clay. Islam even does not distinguish between man and woman; all are equal in front of Allah.

Equality in Islam roots from basic principles such as:

o All men are created by One and the Same Eternal Creator, the Supreme Lord of all.
o All mankind belongs to the human race and share equally in the common lineage of Adam and Eve.
o Allah is just and kind to all his creatures. He is not partial to any race, age, or religion.
o The whole universe is Allah’s supremacy and all people are His creatures.
o All people are born equal in the sense that none brings any dominion with him, and they die equal
in the sense that none brings any possession with him, and they die equal in the sense that they take
back nothing of their worldly belongings.
o Allah judges every person on the basis of his own merits and according to his own deeds.
o Allah has debated on man; man, as such, a title of honor and dignity.

According to Quran, everyone is equal in front of Allah, what really matters and differ humans from each
other is their own actions in life and what they did during their living period on earth. The Quran urges
without commanding, kindness to the slave and recommends their liberation by purchase or mannerism
this is equality in Islam.

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9. Accountability of government.
Islam is a complete religion comprising of not only religious rites and rituals, but also mundane affairs
comprehensively packaged for fashioning human life and uplifting human spirit. To build a society that is
just, egalitarian and civilized, human life and human spirit must be respected and protected through social
justice, compassion, equity and devotion to Allah. To achieve this, Government through its agencies is
expected to effectively utilize or manage public wealth entrusted in its care. In the same vein, it is
expected to fight corruption which impedes economic growth and promotes good governance. In the Holy
Qur'an, the word hesab is repeated more than eight times in different verses. Hesab or 'account' is the
root of accounting, and the references in the Holy Qur'an are to 'account' in its generic sense, relating to
one's obligation to 'account' to God on all matters pertaining to human endeavor for which every Muslim
is 'accountable'. The importance of accountability to man’s life also has been manifested by the prophet
(peace be upon him) as:

“Each one of you is a guardian and each guardian is accountable to

everything under his care.”

Accountability in governance is basically about holding public officials responsible for their actions. It
is concerned with the need to ensure that public funds are spent for the purposes specified and without
personal gain to any private individual beyond fair compensation for his or her services. Accountability is
imperative to make public officials answerable for government behavior and responsive to the entity from
which they derive their authority while consciously aware of accountability before Allah in the hereafter.

1. Obedience of the ruler.

In Quran ALLAH Says:

“O ye who believe! Obey Allah, and obey the Messenger, and those charged
with authority among you. If ye differ in anything among yourselves, refer it
to Allah and His Messenger, if ye do believe in Allah and the Last Day: That
is best, and most suitable for final determination.”

Indeed, all divine religions enjoin obedience to rulers and prohibit disobedience and insult to them for
they watch over souls.

The Old Testament prohibits cursing rulers. It is remarkable that the prohibition of cursing rulers comes
directly after the prohibition of the blasphemy of God. In the Old Testament, we read the following verse:

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 “Do not blaspheme God or curse the ruler of your people.”

Prophet Muhammad made it clear that obedience to the rulers he appointed meant obedience to him and
disobedience to those rulers means disobedience to him. He confirmed that obedience to him means
obedience to God and disobedience to him means disobedience to God. Abu Huraira reports that the
Messenger of Allah said:

“Whoever obeys me, obeys Allah, and whoever disobeys me, disobeys Allah,
and whoever obeys the ruler I appoint, obeys me, and whoever disobeys him,
disobeys me.” (Al-Bukhari)

2. Equality of citizens and equal opportunity.

In an Islamic state the citizens are all equal irrespective of their caste, creed or ethnicity. As Allah says in
Quran:
(Verse 13)

‫� أَﺗْﻘٌـ ُﻜ ْﻢ ِإ ﱠن ﱞ‬
ٌ ‫�َ َﻋ ِﻠﯿ ٌﻢ َﺧ ِﺒ‬
‫ﯿﺮ‬ ِ ‫ﺎرﻓُﻮا ِإ ﱠن أ َ ْﻛ َﺮ َﻣ ُﻜ ْﻢ ِﻋ ْﻨﺪَ ﱞ‬ ُ ‫ﺎس ِإﻧﱞﺎ َﺧﻠَ ْﻘﻨٌﺎ ُﻛﻢ ِ ّﻣ ْﻦ ذَﻛ ٍَﺮ َوأُﻧـﺜَﻰ َو َﺟﻌَ ْﻠﻨٌﺎ ُﻛ ْﻢ‬
َ ٌ‫ﺷﻌُﻮﺑﺎ ً َوﻗَﺒٌﺎﺋِ َﻞ ِﻟﺘَﻌ‬ ُ ‫ﯾٌﺎ أَﯾﱡ ٌﮭﺎ اﻟﻨﱞ‬

“O’ Humanity! Without doubt We have created you from a male and a female
and have made you into various nations and tribes, so that you may come to
know and understand one another. Definitely the most honored among you in
the sight of Allah is the one who is the most Allah-Consciousness. Surely Allah
has full Knowledge and is All-Aware.”

In Islamic tradition, the idea of social welfare has been presented as one of its principal values, and the
practice of social service at its various forms has been instructed and encouraged. A Muslim's religious
life remains incomplete if not attended by service to humanity. The following verse of the Quran is often
cited to encapsulate the Islamic idea of social welfare:

“It is not righteousness that ye turn your faces towards East or West; but it is
righteousness to believe in Allah and the Last Day, and the Angels, and the

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 Book and the Messengers; to spend of your substance, out of love for Him, for
your kin, for orphans, for the needy, for the wayfarer, for those who ask, and
for the ransom of slaves; to be steadfast in prayer, and practice regular charity,
to fulfill the contracts which we have made; and to be firm and patient, in pain
(or suffering) and adversity, and throughout all periods of panic. Such are the
people of truth, the God fearing.” (Al- Quran 2:177)

As for Islam, equality is part of its jurisprudence and fundamental teachings. Numerous Verses of the
Qur’an and Prophetic Traditions enjoin equality which categorically proves that inequality is not faith-
based.

“O mankind! Fear your Lord Who (initiated) your creation from a single soul,
then from it created its mate, and from these two spreads (the creation of)
countless men and women.” (al-Qur’an, 4:1)

3. Welfare state
The bedrock of social welfare of an Islamic state is Zakat, a tax taken from the rich and given to the poor.
In a similar fashion the non-Muslims are subjected to pay Jizya which is the main source of earning of most
Islamic regimes. The commitment of the Islamic state to welfare is derived, according to Dr. Chapra, from
the mercy (Rahman) that the Prophet (peace be upon him) was sent with. Thus, “welfare” and “good life”
become synonymous. Ironically, welfare must be understood in its general and comprehensive meaning
that includes all aspects of human life, the economic aspect is but one of them. Chapra feels that there
exists abundant evidence to make it “absolutely unjustified not to term the Islamic state as a welfare
state.”2 El-Ghazali expresses this concept of welfare saying: “The objective of Shari'ah, as far as people
are concerned, is five-fold: The protection of their religion, life, mind, offspring, and property. Thus,
everything that implies promoting these five things (or any of them) is Maslahah (interest) and everything
that implies harming them is Mafsadah (harm).” The economic implication of this comprehensive welfare
concept is that the Islamic state is responsible for the following:

a. To eradicate poverty and to create conditions for full employment and a high rate of growth,
b. To promote stability in the real value of money,
c. To maintain law and order,
d. To ensure social and economic justice,
e. To arrange social security and foster equitable distribution of income and wealth,
f. To harmonize international relations and ensure national defence.”

In the course of the fulfilment of these responsibilities, the Islamic state resorts to tools like planning,
undertaking social and physical infrastructure, providing measure for ensuring just wage rates and just
prices, economic assistance to the elderly, the disabled, and the handi- caped.

4. Rights of citizens
Following are the rights of citizens:

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 • The security of Life and Property.
• The protection of honor.
• The sanctity and security of private life.
• The security of personal freedom.
• The right to protest against tyranny.
• Freedom of expression.
• Freedom of association.
• Protection of religious sentiments.
• The right of basic necessities of life.
• Protection from arbitrary imprisonment.
• Equality before law.
• The right to avoid sin.
• The right to participate in state affair.

5. The responsibility of the state to propagate good deeds and discourage

bad deeds (amr bil maroof wa nahiul munkar).
This is one of the key responsibilities of an Islamic state. In fact, this is the only features that separates
the Islamic state from today’s democracies which claim to give infinite “freedom” to its citizens. The
Islamic state is required educate and enjoin upon its citizens to practice good deeds and shun bad
deeds. This can be done by providing ethical and moral Islamic values to the children from a young age
and also to regularly preach to the elders about practicing good deeds. Allah says in the Quran why the
Muslim Ummah is different from the Ummahs of the previous prophets:

"You are the best community that has been raised for mankind. You enjoin
good and forbid evil and you believe in Allah." [Aal-e-Imran, 3:110].

Rights of minorities in an Islamic state

There have been non-Muslims living in Muslim societies from the very beginning. Indeed, there is no period
in Islamic history in which non-Muslims have not lived alongside Muslim majorities as co-citizens. And
from history we learn that non-Muslims lived in peace and enjoyed numerous freedoms in Islamic states.
Muslim scholars have classified them into two categories:

I. Mu ‘ahidin (parties to a contract)

The first term, mu ‘ahidin, referred to those non-Muslim citizens of the Islamic state who had entered into
a special contract or treaty with the Muslim government. It was because of this treaty or contract that they
had accepted the citizenship of the Islamic state. For example, when the Prophet (PBUH) migrated to
Madinah at the invitation of the city’s new Muslims and established a city-state in Madinah, he entered into

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 an understanding with the Jews of Madinah. A document was chalked out in consultation with the local
chiefs in which the rights and privileges of all the tribal groups, the Jews, the local inhabitants of Madinah
and the migrants from Makkah were laid down. This charter has been considered by some contemporary
scholars to be the first written constitution in the history of mankind.

II. Ahl al-dhimma (protected or guaranteed citizens)

Dhimmi is based on verse 9:29 of the Qur’an and finds precedent in the conquest of Mecca. Caliph Umar's
pact with non-Muslims, granting them life and property protection, constitutes the detailed provisions of
the institution. Under this status, minorities enjoyed exemption from military service, freedom of religion,
freedom to practice their religious duties, and the right to renovate, although not to erect, new houses of
worship.

In return, a poll tax (jizya) was levied; in addition, dhimmis (or ahlu-dhimmah, protected people) were
prohibited from criticizing the Qur’an, expressing disrespect to the Prophet or to Islam, conducting
missionary activity

The Prophet (PBUH) was extremely sensitive about fulfilling this commitment or pledge as extended to
non-Muslims. This commitment is considered to have been made, not by individuals or rulers, but the
Qur’an and by the model examples of the Prophet (PBUH)

There are several examples of Muslims entering into contracts or agreements with non-Muslims. Although
all such contracts have normative value, two are highly significant and have been the subject of long
discussions amongst Muslim jurists. One is the Charter of Madinah mentioned above, and the other is the
agreement prepared by the Prophet (PBUH) in relation to the people of Najran, a province with a sizeable
Christian population that was situated near the southwestern border of Saudi Arabia and present-day
Yemen. In this contract or charter, the Prophet (PBUH) guaranteed basic freedoms to the non-Muslim
tribes of Najran, undertaking that:

(i) Whatever their earlier habits or practices had been, they would never be changed;
(ii) Whatever their rights and privileges, these would never be subject to change; and
(iii) Their religious matters would continue to be run as they were.

Islam seeks to establish such a society where all citizens of the state enjoy equal rights and religion does
not become the basis for any discrimination. Islamic law holds both Muslims and non-Muslims equal and
no superiority or privilege is given to the Muslims on any ground.

Islam ordains people to worship Allah Almighty, but it does not coerce followers of other religions to
accept Islam and change their creed. Invitation to truth and use of coercion are mutually exclusive
realities. The Holy Quran has communicated the Islamic message of truth in these words: "(O Glorious
Messenger!) Invite towards the path of your Lord with strategic wisdom and refined exhortation and (also)
argue with them in a most decent manner. Surely your Lord knows him well who strayed away from His
path and He also know well the rightly guided."

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Islam has strictly disallowed the adoption of such method of invitation, which affects the religious
independence of the other party. Allah Almighty says at another place:

"There is no coercion in religion. Verily, guidance has manifestly been

distinguished from error." (2:256)

Conclusion
It can be concluded from the above discussion that an Islamic state is based on just and logical values
which satisfy the human mind and are designed to induce and maintain peace in the land among people.
Whether its judiciary, social values, criminal punishments, peace or war, international treaties, rights of
citizens or rights of minorities no matter what department of a government is concerned the values of an
Islamic state present a perfect solution to all problems. The demise of today’s so-called Islamic countries
is due to an inability to implement a complete system of an Islamic state, they rather experiment man-
made laws instead of following the divine guidance which came from Islam. This system of Islamic state is
the same system which led the Muslims to state in Hazrat Umer bin Abdul Aziz’s khilafat that people
couldn’t find poor people to give Zakat because poverty had vanished due to excellent system of an Islamic
state.

References
• https://islam101.net/index.php/shariah/71-essential-features-of-the-islamic-political-
system
• http://www.qurtuba.edu.pk/thedialogue/The%20Dialogue/11_1/Dialogue_January_Marc
h2016_83-106.pdf
• http://www.academia.edu/8592897/THE_FEATURES_OR_NATURE_OF_AN_ISLAMI
C_STATE_BY_THE_THEORISTS
• http://islamicstudies.islammessage.com/Content_Details.aspx?id=3842
• https://www.hurights.or.jp/archives/focus/section2/1999/06/the-concept-of-islamic-
state.html
• https://www.quora.com/What-are-the-Essential-Features-of-the-Islamic-Political-System
• https://www.theguardian.com/world/2014/jun/30/isis-caliphate-revival

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