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PART III: ISLAMIC INSTITUTION
LESSON 13
POLITIC: THE CONCEPT OF RULE AND ADMINISTRATION IN ISLAM
1.0 Introduction
In the name of Allah, Most Gracious, Most Merciful.
Religion and politics are one and the same in Islam. They are intertwined. We already know that
Islam is a complete system of life and politics is very much a part of our collective life. Besides
ibadah, Islam also teaches us how to run a state, form a government, elect councilors and
members of parliament, make treaties and conduct business and commerce. Bear in mind that
Islamic ruling system is not the same as the ruling system we have in the non-islamic countries.
Thus, in this topic, we will discuss the ruling and administration in Islam and will look at how they
were carried out at the time of Rasulullah SAW and the caliphates after him.
2.0 Learning Outcomes
By the end of lesson, the students should able to:
2.1 Explain the meaning and concept of rule in Islam
2.2 Elaborate the administration during the Prophet’s SAW and Khulafa’ al-Rashyidins’ time
2.3 Explain the principles of ruling in Islam
2.4 Explain the functions of ruling institution in Islam (Shura, Hisbah)
3.0 List of Topics
3.1 The Concept and Principle of Ruling and Administration
3.2 The Ruling and Leadership of Rasulullah SAW and Khulafa’ al-Rashidin
3.2.1
Justice
3.2.2
Equality
3.2.3
Freedom
3.2.4
Transparency
3.3 The Ruling and Administration Institution (Khilafah and Imamah)
3.4 Syura and Hisbah
4.0 Terminologies
4.1 Hisbah: An institution for evaluating performance of government
4.2 Sahabah: Friends/companions of Rasulullah SAW
4.3 Civilian: People who live in a town or city
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5.0 Topics
5.1 The Concept and Principle of Ruling and Administration
5.1.1
Presentation
In Islam, Allah is the source of all powers and laws. It is Allah who knows what is
good and what is bad for His servants. His say is final. Man is the vicegerent, the agent
or the representative of Allah SWT on earth (2:30, 6:165). Allah is the sovereign and man
is His representative. Man should do as Allah commands him to do. The Islamic political
system makes the ruler and the government responsible firstly to Allah and then to the
people. The ruler and the ruled are the Khalifah of Allah and the ruler shall have to work
for the welfare of the people according to the Qur’an and Sunnah. A ruler is a servant of
the people of Islam. Both the ruler and the ruled will appear before Allah swt and account
for their actions on the day of judgement. The responsibility of the ruler is heavier than
the ruled. Any ordinary citizen of an Islamic state has the right to ask any question on any
matter to the ruler and the government.
Based on the above explanation, we can outline the principles of ruling and
administration in Islam as follow (Ghulam Sarwar):
a) Sovereignty of Allah SWT
Sovereignty means the source of power. In Islam, Allah is the source of all
powers and laws (3:154, 12:40, 25:2, 67:1). All human beings cannot change His
laws. According to Islam, the laws are unchangeable by any parliament or any
government which claims itself to be Islamic (5:44, 2:229). Whatever the leaders or
the government must be an act of submission to the Will of Allah SWT and for the
sake of seeking Allah’s SWT blessing.
b) Khilafah of Mankind (Vicegerency of man).
Man is the vicegerent, the agent or the representative of Allah SWT on earth
(2:30, 6:165). Allah is the sovereign and man is His representative. Man should do as
Allah commands him to do. But he has a choice to either obey or disobey Allah and,
because of this freedom of choice, he will be tested on the day of judgement. In the
political sense, Khilafah means that human beings should implement the will of Allah
on earth as His deputy or agent. As Allah’s agents, human beings will carry out the
will of Allah swt on His behalf as a trust (Amanah). Khilafah is a trust. An agent is
always expected to behave as his master wants him to behave (10:14).
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c) Enjoining Ma’ruf (Good) and Forbidding Mungkar (Evil)
The ruler or the government must uphold this principle. All actions, objectives, goals,
plans, executions of the government must be directed towards achieving good and
righteousness and securing the interest of its citizen. Enjoining good must be
promoted to the people and at the same time, any elements of evils that oppose
Allah SWT be it within the government itself or among the people, they must be
prevented. In fact, the objective of administration is to abolish any forms of sin that
exists.
d) Legislation by Shura (Consultation)
Islam teaches us to run a government, to make legislation and decisions by the
process of Shura. Shura means "to take decisions by consultation and participation"
(3:159, 42:38). This is an important part of the Islamic political system. There is no
scope for despotism in Islam. The Qur’an and the Sunnah will be the basis of
legislation in Islam.
e) Accountability of government
The Islamic political system makes the ruler and the government responsible
firstly to Allah and then to the people. The rular and the government are elected by
the people to exercise ‘powers on their behalf. We must remember here that both the
ruler and the ruled are the Khalifah of Allah and the ruler shall have to work for the
welfare of the people according to the Qur’an and Sunnah. Both the ruler and the
ruled will appear before Allah SWT and accountable for their actions on the day of
judgement. The responsibility of the ruler is heavier than the ruled. Any ordinary
citizen of an Islamic state has the right to ask any question on any matter to the ruler
and the government.
f)
Independence of judiciary
In the Islamic political system, the Judiciary is independent of the Executive. The
head of the state or any government minister could be called to the court if
necessary. They would be treated no differently from other citizens. The Qur’an has
many injunctions about justice. One of the main functions of the Islamic state is to
ensure justice to all citizens (4:58, 4:135, 5:8). The ruler and the government has no
right to interfere in the system of justice.
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g) Equality before law
The Islamic political system ensures equality for all citizens before the law. It
does not recognize any discrimination on the basis of language, colour, territory, sex
or descent. Islam recognises the preference of one over the other only on the basis
of Taqwa (piety or fear of God). One who fears Allah swt most is the noblest in Islam
(4:58, 4:135, 5:8).
5.1.2
Activities
Find out Quranic verses and their meanings of the following:
(2:30) (6:165) (3:154) (12:40) (25:2) (67:1) (5:44) (2:229) (10:14). (3:159) (42:38) (3:159)
(42:38) (4:58) (4:135) (5:8) (4:58) (4:135) (5:8).
5.2. The Ruling and Leadership of Rasulullah SAW and Khulafa’ al-Rashidin
5.2.1
Presentation
It is undeniable by Muslims and even non-Muslims that Rasulullah SAW was the
great leader recorded in the history of human. In a hadith narrated in Bukhari and
Muslim, Abdullah bin Mas'ud said, that the Prophet SAW said,
"the best century is my
century and the one after it" and in some narrations "the first century and the
second and the third." After the Sahabah period were the Tab'ieen and then the
Tabi' Tabi'een. All scholars of Islam said that the century of the Tabi'een was the end
of 150 Hijri, and the 220 Hijri was the end of the century of the
Tabi' Tabi'een. We find
that Imam Abu Hanifa and Imam Malik and Imam Shafi'i and Imam Hanbali were living in
that period of time. Imam Abu Hanifa was born in 80 H. and Imam Malik 95 H., and Imam
Shafi'i was born around 150 H. and Imam Ahmad bin Hanbal was born in 160 H., so we
see that all these great scholars came in the time which the Prophet described as
"the
best time".
The
hadith above does not mean to confine the best ummah to those three
centuries only but as an example to be followed by the generations that come after those
centuries. This is because they had experienced a lot of hardship that challenged their
iman but they remained steadfast with it. In fact, they were able to fulfill the commands of
Allah SWT in all aspects of life including the aspect of ruling and administration instead of
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facing hardships and difficulties. The principles of justice, equality, freedom and
transparency were truly upheld during those centuries.
a) Justice
Rasulullah SAW obviously had shown the best example of the upholding and
implementation of justice in his leadership. For example, Rasulullah SAW ordered
companions
(sahabah) the cutting of hand of thief. The sahabah felt that was too
heavy to be implemented. Then, Rasulullah SAW said:
“Even if Fatimah steals,
her hand will be cut off”. Another event was when a woman from Bani Makhzum
was caught committing theft and she was brought to Rasulullah SAW. His
sahabah
requested Rasulullah SAW to free her because the woman was well-respected in the
society but Rasulullah SAW ordered
sahabah to cut off her hand because Islamic
law did not recognize the title or status of the person in society.
The upholding of justice was also demonstrated in the period of
Khulafa’ al-
Rashidin. It is very understand as Raululah SAW had acknowledged that the period
after him was the best period of Muslim ummah. For example, Abu Bakr al-Siddiq r.a.
At the time he was just appointed as the first caliph, some Arab tribes
(banu)
gathered in a place near to Madinah and requested Abu Bakr to exclude them from
paying alms-giving
(zakah) to Madinah. If their request was not granted, they would
not obey the Islamic State of madinah. Some
request but he rejected steadfastly as
Muslims were able to pay
sahabah advised him to grant the
zakah was an obligation of all Muslims. If other
zakah, why such exemption should be given those Arab
clans? Abu Bakr even had launched war to those who refused to pay
the war had witnessed the death of many huffaz among the
zakah in which
sahabah.
b) Equality
Rasulullah SAW treated the citizens equally, be it Muslim or non-Muslims without
looking at their skin colour, status in the society, title, wealth or family background.
For example, Rasulullah SAW appointed Zaid bin Harithah who was previously his
servant as his deputy and Amr (a blind sahabah). Both of them were from nonfamous tribes.
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The same thing that was practised by
Khulafa’ al-Rasyidin. Khalifah Umar al-
Khattab, for example, had taken appropriate action by punishing Mu’awiyah bin Abi
Sufyan, Amr bin al-As and Abu Hurairah even though the were governor and official
at that time.
c) Freedom
The distribution of tasks and jobs among sahabah proved that Rasulullah SAW
never stopped them from involving in the affairs of administration and governance of
the state. It was actually a training ground for sahabah to govern the affairs of the
state after his death later. Among the tasks given to
like Sa’d bin Ubadah and Sa’d bin Mu’adh; and
sahabah were deputy (‫)نائب‬
messenger (‫ )رسول‬like ‘Amr bin
Umayyah al-Damri.
Rasulullah SAW also gave freedom to
sahabah and others the freedom to
express opinion. This can be seen through the practice of
Shura (mutual
consultation) in which the sahabah had wide opportunity and space to voice out
their opinions freely. Opinions that received majority vote will be taken as a decision
even though the opinions against the Prophet’s SAW opinion. One of the events
where
shura was practiced was decision to be made before the Battle of Uhud.
Rasulullah SAW had conducted a
shura with his companions to come to decision
whether Muslims should defense Madinah from inside or to fight the Quraish armies
outside Madinah. The companions who had participated in the Battle of Badr
suggested to defense Madinah from inside while the youngest among the
companions (who did not participate in the Battle of Badr) stressed on fighting the
enemy outside Madinah and majority of the companions agreed with the suggestion.
Then, Rasulullah SAW made the decision to fight the enemy outside Madinah. On
the other side of the freedom to voice out opinions, it also showed that there was the
freedom of having different opinions among the companions and it was
acknowledged by Rasulullah SAW.
The tradition of Rasulullah SAW was continued by
Khulafa’ al-Rashidin. Umar
al-Khattab for example, gave freedom to Syrian to maintain the tax system which was
practiced during the rule of Byzantium as well as to people of Iraq who were under
the rule of Sasan before Islam came to Iraq. Under the rule of Sasan, two types of
taxes implemented i.e head tax and land tax. The head tax was imposed on every
individual whether farmers or civilian but depended on affordability of each individual
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while the land tax was depended on the width of land and the produce of the land.
The rate of the land tax was fixed.
d) Transparency
The distribution of tasks to govern the state of Madinah proved that Rasulullah
SAW had practiced transparency in his administration. The tasks were distributed to
the companions regardless of their status, skin colour, family background and so
forth. The main consideration was the ability and capability of the companions to
carry out the trust
(amanah) entrusted by Rasulullah SAW. The distribution of tasks
and the involvement of the companions in the administration showed that Rasulullah
SAW did not rule and govern the state according to his will only. Many companions
were appointed to the post in the government. Among them were:
a) Deputy
: Zaid bin Harithah, Abu Salamah bin ‘Abd al-Asad, Amr
Bin Umm Maktum
b) Mufti
: Abu Bakr al-Siddiq r.a, Umar al-Khattab r.a, Uthman bin ‘Affan
r.a, Ali Bin Abi Talib k.w
c) Katib
: Shurahbil Bin Hasanah al-Kindi
d) Muqri’
: Abd Allah bin Mas’ud, Ubay bin Ka’ab, Mu’adh bin Jabal
During the time of the Caliph Umar al-Khattab r.a, the creation of ‘Al-Diwan’ in 20 H
proved the transparency in his administration was upheld by him. Al-Diwan was a
record book where names of armies and their families were recorded as well as the
amount of payment that they should receive from the state’s revenue. By having this
record, no one would question about the payment because it was paid based on the
record in A-Diwan. Besides that, the Muslims were also given chance to report about
government’ officers misconduct and Umar al-Khattab r.a himself would investigate
the report.
5.2.2
Activities
Give another example of events during the Prophet’s SAW and Khulafa’ al-Rashidin’s
time that can show the practice of the following:
a) Justice
b) Equality
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c) Freedom
d) Transparency
5.3 The Ruling and Administration Institution (Khilafah and Imamah)
5.3.1
Presentation
The term caliphate (from the Arabic ‫ خالفة‬or khilāfa) refers to the first system of
governance established in Islam. The most common translation for the word which
appears in the Quran is vicegerency (or caretaker). Individual who carries out the
roles and functions of khilafah is called khalifah. Under this system, rulers are bound
by a set of laws which they cannot break at a whim, and the people have the right to
appoint their leader through their local leaders and should the leaders divert from
their obligations as vicegerents, the people have the right to remove them.
This can be observed from the first caliph Abu Bakr's inaugural speech: "O
People! I have been put in authority over you and I am not the best of you. So if I do the right
thing then help me and if I do wrong then put me straight. Truthfulness is a sacred trust and
lying is a betrayal. The weak amongst you is strong in my sight. I will surely try to remove his
pain and suffering. And the strong amongst you is weak to me, I will – God willing – realise
the right from him fully. When obscene things spread among any nation, calamities generally
continued to descend upon them. As long as I obey Allah and His messenger, you should obey
me, and if I do not obey Allah and His messenger, then obedience to me is not incumbent
upon you”
Khilafah represents the political authority and unity of the Muslim Ummah
(nation). It is a comprehensive leadership in all matters related to religion and wordly
affairs. It was initially led by Prophet Muhammad's SAW companions known as the
'Rashidun Caliphate (Rightly Guided Caliphate)' as a continuation of the political
authority that was formed by the Prophet SAW. It represented the political and
theological unity of the Muslim Ummah, and was the world's first major welfare state.
A "caliphate" is also a state which implements such a government.
Al-Imamah literally means 'to lead '; al-imam means 'the leader'. In Islamic
terminology al-imamah (Imamate) means 'universal authority in all religious and
secular affairs, in succession to the Prophet'. Al-Imam means 'the man who, in
succession to the Prophet, has the right to the absolute command of the Muslims in
all religious and secular affairs '. In succession to the Prophet, it denotes the
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difference between a prophet and an Imam. The Imam enjoys this authority not
directly, but as the successor of the Prophet.
The word al-khilafah means 'to succeed' and al-khalifah means 'the successor'.
In Islamic terminology al-khilafah and al-khalifah practically signify the same
meanings as al-ima'mah and al-ima'm repectively.
5.3.2
Activities
In your opinion, are khilafah and imamah the same?
5.4 Shura and Hisbah
5.4.1
Presentation
a) Shura
Shura means “consultation, meeting, discussion, negotiations”. In the context of
administration, shura refers to getting others’ opinion on matters related to public interest.
It means, a ruler does not take his opinion only in certain affairs but also seeking others’
opinions on those affairs. However, no all matters can be decided through shura such as
matters that have been clearly explained by Al-Quran and it becomes a ruling (hukm) in
Islamic law. Decisions which are based on shura is closer to the truth compared to
decisions made by one person only. Islam orders us to practise shura in our life whether
the order is compulsory or recommendable; it depends on individual’s understanding
about the following verse. However, no one denies the benefit of having shura. On the
injunction of shura, Allah SWT said:
“And their matters must be decided through meeting or mushawarah among them”
(Surah al-Shura, verse 38)
Islam emphasizes that any matters involving the ummah must be decided in shura. The
objective of it is to get one consensus and agreement (‫ )وحدة الفكر‬in everything that relates
to the interest of the ummah.
In the history of Islam, shura was practised since the time of Rasulullah SAW and
was continued by Khulafa’ al-Rashidin. However, there was a slight different in the form
of implementation during the period of Khulafa’ al-Rashidin. At the time of Abu Bakr alSiddiq r.a, no specific body was created to conduct shura. Shura was conducted openly
in public area. However, during Umar al-Khattab’s r.a time, he had created a specific
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body to act as “Shura Council” with specific members among renounced companions to
conduct shura.
There several guidelines of which the conduct of Shura shall be based on. The
guidelines are (Islamic Studies Manual, OUM, 2009):
a) Decision of Shura must be based on Al-Quran and al-Sunnah of Rasulullah
SAW.
b) Shura must be conducted in a proper manner in which no raising of voice
while expressing or opposing an opinion as stated in Surah al-Nahl, verse
125)
c) All decisions made must firstly be in the interest of the public rather than
individual
d) Respect and appreciate the opinions and views of each members
b) Hisbah
Hisbah means “checking, calculating or evaluating”. In administration, it means
“to evaluate how successful a plan, an act or progress of a project” (Islamic Studies
Manual, OUM, 2009). It is a form of muhasabah on the execution of plans, policies or an
evaluation of act of government. In the context of Islamic administration, hisbah acts as a
mechanism of evaluating whether a government is governed according to the Will of
Allah SWT or not.
At the time of Rasulullah SAW, no formal institution of hisbah was formed but
Rasulullah SAW did appoint his companions to the evaluating tasks. For example, Sa’id
bin Al-’As bin Umayyah to supervise and evaluate the business and trade activities in
Makkah and Umar al-Khattab r.a in Madinah. At the time of Umar al-Khattab, he himself
do the task by going to markets. The same thing with Uthman bin ‘Affan r.a and ‘Ali bin
Abi Talib. The institution of hisbah was formally formed at the time of Bani Umayyah and
Abbasiyyah caliphate.
There are also several principles on implementing hisbah. They are (Islamic
Studies Manual, OUM, 2009):
a) Hisbah is used for the purpose of detecting the competency and
effectiveness of the service provided by the government as well as to further
improve the quality of services and not for other purposes such as to dig out
weaknesses of someone and disclose the weaknesses to the public.
b) To detect and identify all weaknesses and problems and then find new
strategies to attain success
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c) Give opportunity to the public to give opinions, comments and take
necessary actions if their opinions are appropriate and closer to the truth
d) Take necessary actions to prevent any misconduct that will affect the
management and administration of the nation.
5.4.2
Activities
a) Give an example which is different from the examples given in the presentation
above the practice of Shura at the time of Rasulullah SAW, Khulafa’ al-Rashidin and
in the modern time today.
b) Give an example of the practice of hisbah in your country.
6.0 Lesson Summary
Islamic ruling and administration has its own concept and principles. The foundations of it had
been outlined by Rasulullah SAW and was continued by Khulafa’ al-Rashidin. Those
principles should be practiced in today’s administration and governance. Even though, the
principles were implemented in the past 1400, they are still relevant today as those principles
are based on the Will of Allah SWT.
7.0 Self Assessment
7.1 In political administration the concept of hisbah needs to be applied in order to
_________.
A
B
C
D
put priority to the leader
get consensus through opinion
seek conformity from the public
control and re-check the administration.
Answer: B
7.2 In political administration, the concept of Shura needs to be applied in order to ____
A
B
C
D
put priority to the leaders
get consensus through opinions
seek conformity from the public
control and re-check the administration
Answer: A
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7.3 The ruling and administration require the following:
I.
II.
III.
IV.
A.
B.
C.
D.
Ruler
Country
Rules & regulations
Book
I
I and II
I, II and III
I, II and IV
Answer: C
7.4 The following statements are wrong about khilafah in EXCEPT _____
I.
II.
III.
IV.
A.
B.
C.
D.
Khilafah is a comprehensive leadership in matters related to religion
Khilafah is similar to imamah
Khilafah refers to territories that are ruled by a khalifah
The one who carries out the functions of khilafah is called khalifah
I and II
I and IV
II and IV
All of the above
Answer: C
7.5 Which of the following are true about Shura?
I.
II.
III.
IV.
A.
B.
C.
D.
It was implemented since the time of Rasulullah SAW
All matters shall be decided through the process of shura whether the
matters have been clarified by the revelation or not
Accusing, blaming and quarrel are allowed in the process of shura
The priority of decision must be given to the interest of the ummah
I and III
I and IV
II and IV
All of the above
Answer: B
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