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Principles of Ruling: A Comparative Analysis of Hinduism and Islam
Author:
Dr. Sk. Tawfique M. Haque
Co-Author
Prof. Syeda Lasna Kabir
Abstract Hinduism provides a detail outline of government mechanism and the ideal
characteristics of a ruler. The essence and basis of the moral state, as per ancient Indian thinking
depends on the triangle of those actions for governance which are undertaken for universal
welfare, maintaining and protecting each and everyone in the creation and securing universal
care for all and everyone. In Hindu political thought religion is the supreme force that holds
society together. The Islamic system of governance provides a theoretical understanding and
guideline for the rulers and ruled. The Quran and other sources of Islamic rules, though they did
not elaborate a constitutional theory, gave an outline of a political scheme which can be realized
under different circumstances. It dismisses the notions of popular sovereignty, and radical
separation of power. Instead, Islam advocates universalism, the supremacy of Shariah (Islamic
law) and the fusion or limited separation of powers. Although the Hindu system is based upon
the concept of Dharma (righteousness), no strong emphasis is placed upon this concept in
relation to politics and state. Therefore this system does not necessarily act as a barrier in
establishing a secular society and state. On the contrary Islam is considered as a political
ideology, it is not possible to separate this system from state and society. The major objectives of
this paper are to analyze the concepts of power and authority from Hindu and Islamic
perspectives and to compare the forms of ruling on the basis of political thoughts of these two
religions.
Introduction
Discussion on political ideologies based on religions has got momentum in recent years in
South Asia1. Religion based politics and religious influence in societies have become a ground
reality in this part of the world. The landslide victory of a Hindu nationalist party -BJP
1
In this paper ‘South Asia’ has been defined as Indian sub-continent comprising mainly Bangladesh, India Sri
Lanka and Pakistan.
(Bharatiya Janata Party) in Indian national election is the outcome of a gradual influence of
religion based polity. The rise of political Islam in Pakistan, Afghanistan and Bangladesh has
created tensions and confrontations within the existing political environments. The rapidly
changing geo political situation in West Asia through Arab Spring and arms conflict in Syria,
Iraq, Libya and other Arab and North African countries is also producing different versions of
political Islam. There is a mismatch between the growing influence of religion based politics
and sufficient academic discussion on the conceptual and theoretical understanding of different
religions.
This paper will elaborate the ruling mechanism of two most important religions of South Asia,
Hinduism and Islam. Even though the Buddhism as a religion started its journey from Indian
sub continent but it migrated to South East Asia and China and left little influence in the
political thought and practices of South Asia except Sri Lanka. Hinduism as the oldest religion
in this region provided a detail outline of government mechanism and the ideal characteristics of
a ruler. Comparing to Hinduism and Buddhism the emergence of Islamic political thoughts in
the South Asian politics and government is not a very old phenomenon. The Islamic system of
governance also provided a theoretical understanding and guideline for the rulers and ruled. In
the following discussion principles of ruling based on Hinduism and Islam will be outlined and
analyzed.
Ruling mechanism in Hinduism
Two features of Hindu political system directly relate to the relation between religion and
politics. First, while religion was the supreme force that held society together, politics was less
important to people’s mind. Power was the ultimate force in upholding the social order, so that
rulers had to perform society’s dirty work by using coercion. Dharma, the set of rules imposed
by one’s karma (act), was eternal and unchangeable. Therefore what happened in politics was
temporary, a mere diversion for rulers. Because of the rulers’ obligations of danda (coercion),
there was no limit to the power of the state. The concept of danda2 in Hindu political thought,
2
Literally means stick. It is an important political term in Hindu philosophy, representing the idea of coercive power
of the state.
stressed punishment and the ruler’s power to coerce. Rulers had to be concerned about whether
their subjects were following their Dharma or duties. So they were permitted to interfere into
the private lives of their people. As a result the followers of this political thought did not
develop the notion of individual rights until the British rule was imposed.
Second, the separation of power and status opened the way for sophisticated and completely
different thinking about the ruling mechanism. Hindu philosophy was far ahead of all Asian, in
elaborating pragmatic strategies for ruling and for practical uses of power. In this philosophy
there was a well defined category of knowledge called the dandaniti (rule of danda). According
to the dandaniti, the state became an effective instrument for making the ideal of Dharma a
possible goal for people in their respective castes3. In practice it was an increasingly refined
body of thought about government. Historians identified some nineteen great thinkers in this
tradition, starting with Manu, the philosopher and lawgiver, who lived about 1900-1800 B.C.,
and ending with Asia’s Machiavelli, Kautilya, the prime minister to Chandragupta Maurya,
founder of the Mauryan empire, and the famous author of the Arthasastra (book of economy),
the essential volume of dandaniti, who lived about 400-320 B.C.
Dharma4: The Foundation of Ruling and Views of Hindu Scriptures
Let us now examine the foundation of ruling mechanism which is required to protect and sustain
the common good, and the requisite duties and conduct of public officials as described in some
scriptures and ancient writings of the Hindu religion and culture (Dwivedi, 1990: 406-19).
Among the main scriptures, let us start with the advice given to Arjuna by Lord Krishna5 in Gita:
3
Castes are hereditary systems of rank, usually religiously dicatated, that tend to be fixed and immobile. The caste
system is generally associated with Hinduism in India and other countries. In Indian there are four major castes,
(Brahmin, Khaitriya, Baisay, Shudro) called varnas. A fifth cateogory of outcastes, referred to as untouchables, is
considered to be so lowly and unclean as to have no place within this system of stratification. Caste membership is
an ascribed status (at birth, children authomatically assume the same position as their parents). Each caste is
sharpely defined, and members are expected to marry within that caste.
4
Stanely Heginbotham in his study of India (1975:24) observed that dharma represents specific duties which one
must perform. The social function of dharma is to hold together, maintain and perpetuate a given social order.
According to the Hindu view of life, it is only righteous action that can serve the purpose of perpetuating a social
order, and dharma comes to be equated with and to mean all “righteous belief and action”, that is, a proper way of
living and behaving in a society ( Jamil, 1998: 9).
One ought to understand what is duty, and what is forbidden in the commands laid down by the
scriptures (Shastras). Knowing such rules and regulations, one should behave as ordained by
scriptures.
(Gita6, Chapter XVI, Verse 24)
Lord Krishna further says:
O Partha! that understanding by which one knows what ought to be done and what ought not to
be done, what is to be feared and what is not, what is obligatory and what is permitted, leads to
righteous path (Sattviki Pravritti).
(Gita, Chapter XVIII, Verse 30)
The righteous path is called Dharma. But how does one know the righteous path for different
people and for specific functions or duties? Hindu scriptures provide ample guidelines through
Dharma Shastras. These guidelines or codes of conduct have been prescribed by great many
seers which are spread all over in various scriptures of Hindu religion. But for our purpose,
examples are drawn from the following: 1. Yajurveda 2. Mahabharata 3. Manusmriti and 4.
Kautilya's Arthasastra.
Yajurveda
It described that conduct of ruler is founded on such virtues as humility, discipline and voluntary
conduct because the king is "elected" to undertake the duty of State. This is illustrated by the
verse in chapter 9, which describes the King follows:
5
One of the most widely revered and most popular of Indian divinities, worshipped as the eighth incarnation of the
Hindu god Vishnu and also as a supreme god in his own right. Krishna became the focus of numerous bhakti
(devotional) cults which over the centuries have produced a wealth of religious poetry, music and painting.
6
It is part of the Mahabharata, a great epic poem of India. The name ‘Bhagavad –Gita’ means song of god or song
of the beloved. The Bhagavad-Gita is a philosophical dialogue between the warrior Arjuna and his chariot driver,
Krishna.
O King elected by the learned and wise for carrying out the duty for state,
I accept thee who is knowledgeable, practices yoga, full of humility,
leader among leaders, expert in science, and is kind. The administration is
thy mainstay. I accept thee. Thou has been elected by the people, I accept
thee...
(Yajurveda, Chapter IX, Verse 2)
There are many examples from Yajurveda which are also full of similar advice to that elected
ruler. Another example is the following verse from Chapter 20 where the king is asked to
maintain the common good (righteousness) of his Loka (people):
Assembly of Learned (Vidya Sabha), Assembly of Spiritual Leaders
(Dharma Sabha), and the Assembly of the Administrators (Rajya Sabha)
are the three organs of government of a ruler. These should provide
speedy justice and solution of problems, should consist of well-qualified
persons, fully constituted to manage the affairs of state with prowess and
skills, and to maintain the righteousness [common good] of government.
(Yajurveda, Chapter XX, Verse 43)
Through these and similar verses, a King has been advised to preserve the common good by
acting in a moral and virtuous way.
Mahabharata7
In Mahabharata, After the Great War, King Yudhishthira approaches his wounded grandfather,
asks him to give a discourse on the concept of common good, duties and morality of a king, his
officials, and the public. Bhishma, the grandfather, thus answers:
7
The word Mahabharata means Great king Bharata. Mahabharata is one of the outstanding sacred writings of
Hinduism. According to the Hindu tradition, the wise man Vyasa dictated the Mahabharata to Ganesh, the god of
wisdom. Actually Mahabharata is a collection of writings by several authors who lived at various times, parts of it
may be more than 2,500 years old. The Mahabharata was written in Sanskrit, a language of ancient India.

The eternal duties of kings are to make their subjects happy, to observe truth, and to act
sincerely.
(Shanti Parva, Chapter LVIII, Verse 11)

A King guided by conducting righteously (Vyavaharen Shuddham) and devoting his life
in the service of his subjects acquires fame and immortality both here and hereafter.
(Shanti Parva, Chapter LXXXV, Verse 2)

The main purpose of a King is to protect Dharma and to bolster righteousness, and to be
free from indolence and desires. One should know that a King is the defender of all
(Lokasya Rakshita).
(Shanti Parva, Chapter XC, Verse 3)
These and various other verses contain advice for a righteous King.
Manusmriti
8
Among the all Hindu Smrities, Manusmriti is considered the most important and comprehensive
codification of Hindu laws. It includes not only the precepts for the moral duties of all persons,
but also the special rules regarding the conducts of Kings, officials, and administration of justice.
The following two verses illustrate the basic thinking to symbolise duties for the King, his
ministers and other officials:

Brahma has created the King to be the protector of the Verna and public order [common
good] so that they discharge their several duties according to their Dharma and rank.
(Manusmriti, Book VII, Verse 35)
8
The Manusmriti (Sanskrit), translated Smriti of Manu is regarded as an important work of Hindu law and ancient
society, written 2000 B.C. in India. It is one of the eighteen smiritis of the Dharmasastra; and is a part of the smriti
literature. It contains laws, rules and codes of conduct to be applied by individuals, communities and nations.

Thus conducting himself (and) ever intent on (discharging) his [prescribed] royal duties,
a King shall order all his officials (to work) for the good of his subjects.
(Manusmriti, Book IX, Verse 324)
Through these and various other verses, moral tone has been set for the conduct of a King, and
ruling mechanism of the kingdom. The illustrations given above denote a high moral tone
assigned to those who govern and act as stewards of governance.
9
10
Kautilya's Arthasastra
Kautilya perceived the idea that the state was created by divine and not human action. Except
this concession to the sacred, Kautilya limited himself to the nature of reason. Although the
book written by Kautilya (Prime Minister of King Chandragupta, 321 BC-296 BC) is not
considered a part of Dharma Shastras (scriptures), nevertheless, it is the greatest Hindu treatise
on the art of government and administration, the duties of Kings, ministers, officials, and the art
of diplomacy. For example, a King is expected to behave in a most righteous manner:

In the happiness of his subjects lies his happiness; in their welfare his welfare; whatever
pleases him (personally) he shall not consider as good, but whatever makes his subjects
happy, he shall consider good.
(Arthasastra, Book I, Chapter XIX, 39)

The king should look to the bodily comforts of his servants by providing such
emoluments as can infuse in them the spirit of enthusiasm to work. He should not violate
the course of righteousness and wealth... Thus, the King shall not only maintain his
servants, but also increase their subsistence and wages in consideration of their learning
and work.
(Arthasastra, Book V, Chapter III, 247, 249)
9
(‘The Crooked’; also called Vishnu-Gupta and Chanakya), Prime Minister of the Maurya emperor of Chandragupta
(321- 296 B.C.) and reputed author of Arthasastra.
10
Arthasastra is the Hindu ‘science of polity’. The most famous textbook of the subject is the Kautilya Arthasastra,
of which a manuscript was found in 1909. The colophon ascribes the work to vishnugupta or Kautilya, also known
as Chanakya, prime minister of the Maurya emperor Chandragupta.
Principles of Ruling Identified by Kautilya
L.N. Sharma and Susmita Sharma have chosen ten principles of ruling from Kautilya's
Arthasastra (Sharma and Sharma,1998:261) . In an age of monarchy and legitimised ascriptive
inequality, Kautilya alone called the king a servant of the state who would harbour "no personal
likes"; it would be rather the likes of the servants that would be followed by him.
King Must Merge His Individuality with Duties
The first principle of ruling is that the ruler should surrender his individuality in the interest of
his duties. Kautilya's concept reverberates in Max Weber's concept of rational authority
exemplified by a depersonalised bureaucracy.
A Properly Guided Administration
The second principle is that in order to ensure people's welfare, there must be a properly guided
administration. Proper guidance excludes commitment to an individual, his family or his whims
and impulse.
Avoiding Extremes Without Missing the Goal
The third principle is that rulers must avoid the extremes (as Buddha preached) but not miss the
goal. Kautily sees benefit in State regulation, particularly in areas of people's welfare rather than
unbridled market mechanism.
Disciplined Life with a Code of Conduct for King and Ministers
The fourth is that a ruler is to be subjected to a rigorously disciplined life and an elaborate code
of conduct. This will also apply to the mantries (minsters), and other 18 chief officials of the
state because their code of conduct and behaviour would become model for others to follow as
prescribed in the Gita.
Fixed Salaries and Allowances to the King and Public Servants
The fifth principle is that salaries and allowances of all public servants including the top, should
be fixed and reasonable. The King's salary was fixed and he was not entitled to draw a penny
more than that, said Kautilya.
Law and Order Chief Duty of king Theft losses to be Made Good from King's Salary
The sixth principle, suggested by Kautilya, is that the King gets salary for rendering services to
the people and his duty was to maintain law and order, that is to protect life and liberty. The
King will have to pay from his own pocket if he is found guilty of failure of duty on this score.
Wisdom and communication skill
The seventh principle is the one that lays great stress on Lekhaks (writing) as for writers who
enjoyed the status of amatyas (members of king’s office), who were the highest in order. They
were selected with great care, because they have to possess the ability to draft writs, royal order,
circulars and communiques.
Carrying Out Preventive Measures Against Corrupt Officials
The eighth principle of ruling is the carrying out of preventative and punitive measures to punish
corrupt government servants, judges and jailors. Kautilya had no good opinion about financial
integrity of officials and hence, wanted close control and supervision over them.
Replacement of Ministers by Good Ones by the King
Ninthly, Kautilya stands for Prime Ministerial government (as an extension of parliamentary
government) with a monarch at the top. But Kautilya observes that the King must replace
ministers by good ones.
Emulation of Administrative Qualities
Tenthly, certain administrative qualities worth emulation in modern-day administration are
emphasised by Kautilya. Some of them are uniformity in administrative practice; competent
ministers; and the king possessing qualities of leadership, intellect, energy, good moral conduct
and physical prowess.
The understanding of ruling mechanism in Hinduism is not based on some specific source of
scriptures; rather it has been perceived and developed over the period by writing of different
religious literatures and practices of Hindu rulers.
The Ruling System in Islam
Linguistically, the ruling (al-Hukm) means the judgement, and the ruler (Al-Hakim) is the
executor of the rulings. In technical (itstilahi) terms, the ruling (Al hukm), the dominion (Al
mulk) and the authority (as sultan) have the same meaning. It is the body that executes the rules ,
it could also be said that it is the governing body (Imara) which the Shar’a (Divine Law) has
made an obligation on Muslims to establish (Zalloom,1996:3). The duty of Imarah is to avert
injustice and to settle disputes which may arise. In other words the ruling means the
guardianship, as revealed by Allah. He says:
“Obey Allah and obey the Messenger and those of you in authority...” [4:59]
Therefore to rule is to actively look after the people’s affairs.
Since Islam, as an ideology, covers the state, the society and life as a whole, the ruling becomes
part of it, which Muslims are commanded to perform by establishing the state and implementing
this ruling i.e. to govern by the Islamic laws. A host of verses have been revealed in the Holy
Qur’an confirming the obligation of ruling by what Allah has revealed.
Allah says: “So judge between them by that which Allah has revealed
and follow not their desires away from the truth that has come to you..”
[5:48]
“Whosoever does not judge by that which Allah has revealed, such are
oppressors” [5:45]
This is in addition to many other verses dealing with ruling as an authority and power. Other
verses have also been revealed providing details with respect to the different areas of ruling;
some regarding military, legislation, political, criminal, social and civil legislation as well as
others.
He also says: “If you come on them in the war, deal with them so as to strike
fear in those who are behind them, that they may remember. If you fear
treachery from any group throw back (their covenant) to them (so as to be)
on equal terms….” [8:57-58]
He also says: “And if they incline to peace, incline you also to it, and trust in
Allah” [8:61]
He also says: “ O you who believe fulfill the contracts (undertakings)..”
[5:1]
Therefore, we find that the broad lines of the civil, military, criminal, political and social
legislation evident in hundreds of verses, in addition to the numerous sound Ahadith11 of the
Messenger of Allah (saw), which have all been revealed to be implemented and executed. They
11
Ahadith consists of all authentic reports of the acts, utterances and silent approval of the Prophet. These are
mostly recorded in the six authentic collections which are termed as Shahih (authentic)Ahadith. These Ahadith are
one of the principle sources of Shariah or Islamic rulings.
have effectively been implemented in the lifetime of the Messenger of Allah (saw), the period of
the khulafa’a rashideen12, as well as during the ruling of the Khulafa’a who came after them.
The System of Ruling in Islam is the Khilafah
Historically, the only form Islamic polity assumed after the death of the Prophet (Saw) is the
Khilafah system. The Muslim thinkers (e.g. Al-Mawardi, Ibn Taymiyah, Ibn Khaldun, AlBaghdadi, Al-Ghazali and others13) therefore developed an elaborate doctrine concerning the
origin of the idea of the Khilafah, the qualification of Khaleefah, the nature and mode of election
and the purpose of government. On the question of the necessity of Imamate or Khilafat, the
majority of thinkers including the Shiah, the Khawarji and most of the Mutazilah believe that the
Imamah is compulsory because of the functions assigned to it by the revealed law
(Mothen,1996:95).
The Khilafah is the general leadership over all the Muslims, in the whole world, whose
responsibility is to implement the laws of Islam, and to convey the Islamic Message to the whole
world. It is also known as the Imama, so Imama and Khilafah are the same. It is the shape which
the divine laws determine as Islamic state. Many Sahih Ahadith have been narrated using these
two words, with the same meaning.
The Principles of Ruling
The ruling system is built upon two main principles which are (Zalloom,1996:12):-
12

Sovereignty is for Shar’a, not for the Ummah.

Authority is for the people.
Four rulers who ruled after the death of the Prophet (Saw). The tenure of these four rulers are termed as the golden
age of Islamic ruling. These four rulers are : Hazrat Abu Bakar (Ra), Hazrat Umar (Ra), Hazrat Usman (Ra) and
Harat Ali (Ra).
13
Even though the Islamic thinkers have a consensus about the necessity of Khilafat, they however disagree as to
the reason for its necessity. Ibn Khaldun argues that there is a natural propensity inherent in man which drives him
to cooperate with his fellow creatures for common well-being and happiness. This common welfare cannot be
attained without a social order and the latter requires some authority to direct it.
Sovereignty is for Shar’a
As for the first principle, the verdict regarding this sovereignty is that it belongs to the Shar’a
and not to the Ummah. The will of the individual is not controlled by himself as he pleases but
by the commands and prohibitions of Allah . Similarly, the Ummah, is not controlled by her own
free will where she acts as she pleases but is rather subjected to the commands and prohibitions
of Allah . The evidence about this is reflected in Allah’s saying:
“O you who believe, Obey Allah, Obey His Messenger and those in authority from amongst you
and if you differ then refer it to Allah and His Messenger if you believe in Allah and the Last
Day.” [4:59]
The authority belongs to the Ummah14
The principle that the authority belongs to the Ummah is taken from the Shari’ah rule which
states that the appointment of the Khaleefah is the right of the Ummah and that the Khaleefah
can only take up his post and exercise his authority by taking a Bai’ah. The evidence for this has
been clearly demonstrated in many Ahadith. Muslim narrated from ‘Ubadah Ibnus-Samit, he
said:
“We gave Bai’ah to the Messenger of Allah (saw) to hear and to obey in ease and hardship.”
Thus, the Bai’ah is given by the Muslims to the Khaleefah and not by the Khaleefah to the
Muslims. They are the ones who give him the pledge of allegiance (Bai’ah), i.e. they appoint him
as a ruler over them. The Khulafa’a’a Rashideen took their Bai’ah from the Ummah; they only
became Khulafa’a once the Bai’ah was given to them by the Ummah.
14
Ummah is a unique concept having no equivalent term in the Western languages. The deciding basis for Ummah
is neither race, language, history or any combination of them, nor is it determined by geographical considerations.
Ummah transcends race, language and geography. It is a universal order enclosing the entire collectivity of Muslims
inhabiting the globe, united by the bond of comprehensive ideology of Islam.
The fact that it is the Muslims who appoint the Khaleefah by giving him the Bai’ah according to
the Book of Allah and the Sunnah of His Messenger, and that the Khaleefah only assumes power
by this Bai’ah, clearly indicates that the authority belongs to the Ummah who gives it to whoever
she wishes.
The Structure of the State
The state is founded on seven pillars (Zalloom,1996:15):

The Khaleefah

Assistants of the Khaleefah

The Ameer of Jihad

The Governors (Walis)

The Judiciary

The Administrative Departments

The Council of the Ummah
Evidence of this structure is reflected in the actions of the Messenger of Allah (saw) since this
was the form in which he set up the structure of the State.
The Khaleefah
The Khaleefah is the man who represents the Ummah in the ruling and authority and in the
implementation of the rules of a Shar’a (Divine Laws). Islam has decreed that the ruling and
authority belong to the Ummah. It is she who appoints someone who runs that on her behalf, and
Allah has made it obligatory upon the Ummah to execute all of the rules of Shar’a.
Since the Khaleefah is appointed by the Muslims, this makes him a representative of the Ummah
in terms of ruling and authority and as well in the implementation of the rules of Shar’a.
Therefore, he does not become a Khaleefah unless the Ummah had given him the pledge of
allegiance (Bai’ah). As for his title, it could be the Khaleefah, or the Imam or the Ameer of the
believers.
Assistants of the Khaleefah (Al-Mu’awinun)
The assistants are the Wazirs (ministers) whom the Khaleefah appoints to assist him in
discharging the burdens and responsibilities of the Khilafah. The assistants whom the Khaleefah
appoints to help him in carrying the burden of the Khilafah are of two types: the delegated
assistants and the executive assistants.
Ameer of Jihad
Jihad is the method defined by Islam to convey the Message of Islam to the world. Conveying
the Islamic Da’wa (teaching) is considered the main function of the Islamic state after
implementing the rules of Islam internally. Therefore, the rules of Jihad include the rules of war,
peace, cease-fire and treaties. They also include foreign relations with other states and entities, as
well as the rules of the army, its preparation, training and choosing its commanders.
The directorate of the Ameer of Jihad consists of four departments, which are:

Foreign Affairs Department

War Department

Internal Security Department

Industrial Affairs Department
The Governors (Walis)
The Wali (governor) is the person whom the Khaleefah appoints as ruler and Ameer over a
Wilayah (province) of the Khilafah State.The territories which the Islamic State rules over would
be divided into provinces and each province would be known as Wilayah. The Wilayah would in
turn be divided into districts and each district would be known as I'mala.
Judiciary
The, judiciary is independent of the executive and is to adjudicate in strict accordance with the
Shari’ah. The judiciary must be separated from and independent of the executive so that it may
not be influenced by the executive in the discharge of its duties (Mawdudi: 334). The functions
would include the three areas of judiciary reflected in the Ahadith and actions of the Messenger
of Allah . These are:

settling disputes between people,

preventing whatever may harm the right of the community and

the settling of the disputes between the citizens and the rulers, or between the citizens and
the civil servants within their duties.
The Administrative System
This structure consists of administrations, departments and directorates. The purpose of
establishing these administrations, departments and directorates is to manage the State's affairs
and to discharge the people’s interests. The management of the administration is known as
Diwan. Several Diwan were set up during the rule of khulafa’a rashideen according to necessity
and depending on the need for them in running the people's interests. Diwan for the armed forces
were introduced for registration and grant purposes, and others were introduced to record the
fees and claims of all transactions. Another Diwan was introduced for the 'Amils and Walis to
record each appointment and each removal and other Diwan was used in the treasury (Bait-ulMal) to record revenues and expenses and so on. The introduction of a Diwan was according to
the need for it, and its style varied over the years due to the difference in styles and means.
With regards to the responsibility of such civil servants, they are hired employees and at the
same time citizens.
The Council of the Ummah (Parliament)
Shura or consultation is a right of all the Muslims which the Khaleefah should fulfil. They are
entitled to be consulted and the Khaleefah should refer to them and consult them. Allah says:
" And do consult them in the matter, and if you decide (on an action/on an opinion) put your
trust in Allah" [Al-’Imran: 159]
The Messenger of Allah (SAW) used to refer to people and consult with them. As well as having
the right to be consulted by the Khaleefah, the Muslims should also hold the rulers accountable
for their actions and conduct. Allah has commanded the Muslims to hold the rulers accountable
and He strongly directed them to be firm with them if they violated the rights of the citizens, if
they neglected their duties towards them, if they ignored any of their affairs, disagreed with the
ahkam (rules) of Islam or governed with other than what Allah brought down.
Membership of the Council of the Ummah
The members of the Ummah's Council are elected and not appointed. The membership to the
Council of the Ummah has to be for a specific period. Any person who holds the citizenship of
the State, if he/she were mature and sane, has the right to be a member of the Council of the
Ummah and the right to elect the members of the Council, whether the person was a man or a
woman, a Muslim or non-Muslim. Moreover, the woman has the right to delegate somebody in
voicing the opinion, and for somebody to delegate her, because she has the right to voice her
opinion, so she can choose her representative over it. It is also because the representation
(Wakala) does not necessitate manhood, thus she has the right to represent others.
The Quran and Sunnah, though they did not elaborate a constitutional theory, gave an outline of
a political scheme which can be realized under different circumstance. This Islamic polity is
neither territory-bound nor restricted by racial or other considerations. It dismisses the notions of
nationalism, popular sovereignty, and radical separation of power. Instead, Islam advocates
universalism, the supremacy of Shariah and the fusion or limited separation of powers.
The principles, values and structural features outlined in our above discussion make it clear that
Islamic polity cannot be categorized as either parliamentary or presidential democracies. The
superficial affinities in terms of election, consultation and the rule of law notwithstanding, the
Islamic way of life is irreconcilable with the Western democratic philosophy. Shariah is not the
same as the man-made law, ijtihad (new interpretation of laws) does not mean complete freedom
of independent action, and shura is not compatible with a liberal democratic structure of
authority.
Comparison between the Hindu and Islamic system of ruling:
The Hindu and Islamic political thoughts view morality as a basis of the ruling system. These
ruling mechanisms viewed that the individual life of the ruler was equally important as his
political life and the quality of his ruling is shaped by his personal values. In addition, both
these ruling systems were not in favor of nation states. Nor did they encourage the participation
of women in politics and state affairs. Due to their emphasis on protecting the collective interest,
these two ruling mechanisms did not restrict state interference in the economy so that the
individual’s economic activity does not harm the greater society.
The difference between the Hindu and the Islamic system of ruling is apparent even though both
models are based on theology. Although the Hindu system is based upon the concept of Dharma
(righteousness), no strong emphasis is placed upon this concept in relation to politics and state.
Therefore this system does not necessarily act as a barrier in establishing a secular society and
state. On the other hand since Islam is considered as an ideology, it is not possible to separate
this system from state and society. The individual, the society and the state have to run
according to the ruling system prescribed by religious scriptures. Therefore the Islamic system
of ruling is viewed as a political model, which is contradictory to secularism.
Despite their differences, both the Hindu and the Islamic system place great emphasis on
building and maintaining a society based upon ensuring the collective interest. Both models
maintain that in order to secure the collective interest, it is may be necessary to restrict individual
freedoms or sacrifice the interest of the individual. A comparison between these two models is
shown in a matrix in the following table.
Table:1--Comparison between the Hindu and Islamic system of ruling
Common Indicators
1. Concept of
Authority
2. Separation of
politics from
religion
3. Moral issues in
governance
4. Foundation of
ruling
5. The form of the
government
6. Individual freedom
Hindu system
Islamic system
Authority as ritual in
support of the cosmic order
Authority as the
representation of sovereign
power of god
Extreme separation of
status and power of
religion and politics
No separation of status and
power of religion and
politics
Put emphasis for ensuring
Governance is a moral
endeavor and the state must morality both at personal
and state level
be a moral state.
The foundation of ruling is
Dharma (righteousness)
The basis of ruling is
Koran and Sunnah
Mostly the ruler is selected The ruler and the
representative council
from capable and learned
group of upper caste people (shura council) must be
elected
Individual rights can be
sacrificed in the name of
societal interest
Individual and collective
rights both are dealt by the
state. The society is more
collective in nature.
A long and complex history of ruling both under Hindu kings and Muslim rulers made an impact
on the overall governance mechanism of South Asia. Prior to Muslim rule, the Hindu system of
government existed in this region. Islamic ruling concepts arrived in South Asia during the
Sultanate and the Mughal period although an Islamic state did not exist here nor was it a part of
an Islamic state. The Muslim ruling in South Asia for hundreds of years made different
institutions especially in the area of judiciary, tax collection, maintaining law and order which
continued even in British colonial period and even in many cases after the end of colonialism in
different names and forms. Colonial ruling by British brought the idea of nation state and
European model of democratic secular politics in this region. The influence of religion in politics
started to increase during the last part of twentieth century and it is becoming more dominant in
twenty first century. The lack of understanding about the ruling models/mechanisms in Hinduism
and Islam has created an academic bottleneck among the scholars to explain and analyze the rise
of religion based politics in this part of the world. The ground political reality pointing towards
the argument that religion based politics may be disliked but cannot be ignored anymore.
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