Tag: family

  • The Nation-State and Social Order in the Perspective of Islam

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    I. The Family: First Level of Social Organization

    Human association has had a long history in which three institutions had struggled to dominate. The first is the family, which has blood and heredity for bases. The characteristics it engenders in humans are innate and immutable. Indeed, they are constitutive of the relationship. Certainly family-living engenders in humans other characteristics which are acquired through association. These, however, are not necessary. Members born to one family may successfully be brought up as members of another; but the innate characteristics remain unchanged. The family was declared by God an intrinsic order of creation. “O Humankind, revere your Lord Who created you of a single soul and created of it its spouse…It is of God’s providing that He created of yourselves spouses in whom to find quiescence, and established between you love and compassion…that He generated from you and your spouses your children and grandchildren.” Qur’an 4:1; 16:72; 30:21 Parents, their children and grandchildren, and the love and compassion relation between them, constitute an immutable pattern of God in creation. This is the family in its nuclear and extended forms spanning three generations. Islam not only acknowledges it but has girded it with law. Unlike any other social system, the law of Islam articulated the relations of all members of the extended family in order to insure proper functioning of all of them. Marriage and divorce, legitimacy and dependency, earnings and support, inheritance, and the members’ mutual rights and duties have been detailed by the shari’ah. Matters which are not dealt with by any law, hardly ever considered by custom, or spoken of in public (e.g., the sex relations between the spouses) – let alone the more common affairs of everyday living – have also been defined by Islamic law in terms of rights obligations. Justice and equity are as much involved here as in any other human transaction. Delinquency may be established with precision, and dealt with effectively. On top of all the laws, stands the divine commandment that mutual love and compassion, kindness and gentleness, and what is usually normative (al ma’ruf – Qur’an 2:180, 228, etc.) should govern all intra-family relations.

    The extent of the extended family is three generations inclusive of all members. Although Islamic law left open the possibility to include members of other generations as need and the particulars of the case dictate, it assumed that those are included who can effectively eat from one kitchen and live in one estate. It assumed that through their shared living, which is possible for three generations but extremely difficult for more, the feelings of love, compassion and ma’ruf proper to the relation could be effectively maintained. The extended family is therefore the area where immutable factors constitute the sufficient reason for human association and where promoting these factors and using them as criteria of desirability or ethicality is legitimate and indeed commendable. It is not ethically improper to love one’s spouse, one’s children, one’s brothers and sisters, one’s grandparents and grandchildren, one’s uncles, aunts, nephews and nieces because they are the relatives. To love them for their wisdom or piety or achievement is worthy but additional. Indeed, it is not ethically improper to define the effective association to promote their welfare, to the exclusion of all other humans is ethically desirable.

    II. The Tribe or Nation: Second Level of Social Organization

    The second institution to dominate human association is the ethnic community or unit; and its pursuit is ethnocentrism.

    A. The Ethnocentric Claim

    Ethnocentrism is the view that man is definable in terms of the ethnic entity to which he belongs; that the good of the ethnic entity is the ultimate criterion of good and evil; and that humans ought to be guided in their conduct on earth by ethnic realities and values as principles. The ethnic entity is the tribe or nation. Its existence is necessary and justifiable by virtue of the biological, geographic, psychic, historical and political facts on which it rests.

    1. The Biological Base

    The biological basis consists of qualities which physical anthropologists study – the color of the skin, the shape of facial and skull bones, the form of eyes, nose and mouth, bodily build, and other innate physical characteristics inseparable from the person. These, every humans gets neither by decision nor achievement. They are simply given by God at birth. Whether they are of this or that variety is neither the work nor the decision of the creature, but of the Creator. It is He Who determines them for all humans. But they belong to the first level of social organization, viz., the family. They are not true of all members of the tribe or nation, though they are necessarily of them outside the family. However, the farther one moves from the family, the more diffuse these characteristics become and the less predictable. Only racists would claim such innate characteristics to belong necessarily to all members of the group – the tribe or nation – which they call “the race”. But their claim is false.

    2. The Geographical Base

    Humans, it is affirmed, live not nowhere, but somewhere, within a definable territory. The tribe/nation lives on land endowed with its own topography, location, aridity or fertility, its flora and fauna, its mountains and forests, its rivers and deserts, its lakes and seas. Tribes or nations differ from one another territorially. Their lands are separated from each other by physical boundaries (rivers, mountains and seas) or by imaginary political lines created by man (barbed wire fences, walls, etc.).

    True as this may be, human belonging to a territory is not necessary. Human history has known many massive migrations of peoples from one territory to another. Modern technology, transportation and communication are making it more and more possible for humans to change territories at will. There is no necessity to one’s continuing to live in the village, city or province of one’s birth. The fact that a person was born, or resides, in a given territory does not define him; nor does it determine his worth as a human. The enlandisement of man is a debasement of him; for it defines or evaluates the person in terms of an accident of birth or history; and commits the reductionist fallacy by doing so in terms of that which must needs to be evaluated rather than provide the criterion of evaluation. Just as humans are not definable, and far less subject of evaluation, by what they eat or put on, they are no more so by the real estate the occupy or the street address they occupy. It is far more becoming to define humans by the highest principles they acknowledge and by which they order their lives – namely, by their ideology or religion.

    3. The Psychological Base

    The tribe/nations is equally claimed to rest on a common psyche shared by all the members. This consists of psychic qualities such as language and dialect, habits of mind and perception, taste and sense of beauty, customs and mores, sense of humor and levels of concern and responsiveness. These shared characteristics, it is claimed, constitute “national character,” a “national ego or psyche,” distinguishing one tribe/nation from another and justifying its distinction from all others. The essence and value of a person are functions of his instantiation of national character, of his concretization of the national ego.

    Language, dialect, and customs, as well as the sense of humor and beauty, may well be shared by members of a tribe/nation. Their sharing, however, is not innate, but acquired. It is the result of many years of acculturation and socialization, of formation by the group, which may succeed in making the person an instance of the homogeneous group, and may not succeed. “National character” therefore is not so much as a reality as it is a generalization. It is a hypothesis based upon a percentage, a certain frequency of occurrence. It is not necessary. Moreover, it is not an intrinsic good, but an instrumental one, deriving its value from the deeds of morality to which it prepares the individual, if at all. It is neither universal nor necessary. Moreover, its presence proves no more than its instantiation in the person, leaving that person’s moral worth or unworth utterly untouched, a perfect “specimen” of its embodiment maybe compared to a bow ready for the arrow. But nobody mistakes the bow for the hunter, or confuses their different values.

    4. The Historical Base

    The experiences which befall humans accumulate, and confirm one another. Eventually, they build up a tradition. Tradition constitutes a fiduciary framework which affects the members of a tribe/nation, and determines their perception of their past, present and future as well as their conduct. It generates in them a feeling of continuity with previous generations, of belonging to one another’s contemporaries, and a capacity to bear events and forge a future continuous with the past. Tradition is essential for the tribe or nation and indeed, constitutive. It not only distinguishes the nations from one another, but indicates their individual and comparative worth. It may well then provide the criterion of worth and unworth for persons inasmuch as their belonging to this or that tradition makes them members of this or that tribe or nation and predetermines their conduct.

    History, and the tradition it builds, are perhaps the most important elements justifying the tribe or nation. Certainly, history is one of the factors which cause the group to emerge as a separate entity by its disciplining, instructing and homogenizing effect. But it is not the only agent. Nor does it determine conduct with necessity. A critical view of one’s history and tradition is not only possible but necessary for any significant human advance. Otherwise, life becomes too repetitious to be interesting. Moreover, great revolutions would be inconceivable; and so would massive conversion to a new faith. Where history is the criterion the present and future can be only a replica or taqlid. Where history and tradition are material to be judged by the tribe’s or nation’s absolute and a priori principles, the present and future can become the occasion for its transformation into something different and worthier, new and greater. Even a total abnegation of history cannot be ruled out merely on the ground that it is history. For it may be desirable – nay, ethically necessary – to turn one’s back to history and turn a new page, as those who turned to Islam or Christianity did during the last twenty centuries, or those who turned their backs to the “old world” and sailed for the “new” did in the last four. In all these cases, far from justifying anything, history and its tradition were the materials crying for justification which they never obtained from within themselves.

    5. The Political Base

    Finally, it is claimed that a tribe/nation rests ultimately on the will of its people to be a tribe or nation, autonomous and separate from all others. Their identification of themselves as different and their desire to perpetuate and institutionalize this differentiation constitute the necessary accreditation. This general will is equally the source and base of sovereignty which is the power of the group to determine its present and future in accordance with the consensus of its members, and to impose such determination in case of absence of such consensus.

    Like the psychological base, the general will and sovereignty are instruments, not ends. Their values are preparatory only, and hence derivative from those of the ends to which they lead and which they are manipulated to serve. By themselves, they do not justify anything, not even their own existence. For that can be as much a cause of ultimate good as ultimate evil.

    B. The Islamic Position

    1. Descriptive vs. Normative

    It follows from the foregoing that all the elements on which the tribe or nation is based are not necessary, though they may be universal. They could be otherwise than they are. To alter them is indeed possible, not only in childhood where alteration would be most effective and permanent; but also in adulthood where deliberate decision, resoluteness and perseverance could change them just as perfectly. A person’s membership in the tribe or nation does entitle him to love, honor, assistance and protection by fellow tribesmen on the basis that charity begins at home or, as Islamic jurisprudence has formulated it, “the nearer is more entitled to your good deed (al ma’ruf) than the farther.” But this principle is not absolute. It is limited by the nature of the content of the claim. By virtue of belonging to the tribe, for instance, the tribesman is no more entitled to one’s charity than the distant neighbor whose need for that charity is greater; nor for one’s protection if the distant neighbor stands in greater need for that protection. However, the near neighbor is indeed entitled to a minimum-survival, safety of body and property, freedom from disease, and education. He is entitled to these necessities of existence with priority. But he is entitled to one more than these necessities until the distant neighbor has achieved same. In no case does the need of the near neighbor entitle him to pursue these necessities at the cost of any other human, near to distant. That would be theft. Colonialism is precisely that; viz., to exploit coercively for the benefit of one’s fellow tribesmen the resources of the distant neighbor, or other tribesmen. If done without coercion, it is trade which may bring advantage or disadvantage to one or both partners. But with coercion, it becomes criminal, worthy of forced restoration of the robbed wealth as well as grave punishment.

    Being a realistic religion bent upon the promotion of human welfare, Islam did not deny that humans are born into their tribes and/or nations; or that they become socialized into them by historical accident. This much of the claim of the advocates of particularism or ethnocentrism is not denied. Had Islam denied it, it would have had to wage an impossible battle against the hundreds of ethnic group it had penetrated, a war in which it or the other party would have had to be annihilated. In fact, Islam never waged such a war. It tolerated the existence of ethnic characteristics as God-given as long as they remained in place. Once they interfered with the purposes of the shari’ah, then they were curbed by the very people they characterized, as those people developed the higher loyalty to Islam and its vision. Language is the most important element of ethnicity. Its relation to Islam is a true index of Islam’s position toward ethnicity as a whole. It is a commonplace fact that the native languages of the Muslim World not only survived, but were developed and became richer through the advent of Islam. Indeed Islam lifted many of those languages from the primitive level, to that of ordered structure, literacy, and endowment with a great legacy of literature. The legacies which developed in Persian, Turkish, Urdu, Malay, Hausa, and Sawahili are of world significance as well as inconceivable without the influence of Islam.

    2. The Positive Good of the Tribe or Nation

    Human acculturation and socialization through the tribe or nation of one’s birth was ordained by the Creator. However, the purpose of the wider association differs. “O Humankind,” the Qur’an affirms, “We have created you all of a single pair, and we have constituted you into tribes and nations that you may know one another. The nobler among you is the more righteous” (Qur’an 49:13). The purpose of belonging to this or that tribe or nation is identification. That this man is English and that one is Japanese, that one is black and the other is white, that one speaks Persian and the other Arabia, that one resides in Moscow and the other in Chicago -– all these are aids in identifying the person. They do not tell us anything about the person’s worth as a human. That is why God explicitly added to His Qur’anic declaration the conclusion that the criterion of comparative worth among humans is righteousness. This addition is meant to deny that belonging to this or that tribe or nation constitutes any criterion of worth.

    Under a variant interpretation, the word lita’arafu (that you may know/identify one another) of the Qur’anic verse quoted earlier maybe taken to mean “that you may cooperate with one another in doing al ma’ruf or the good deed.” In this case, ethnicity becomes a good which serves as a base for al ma’ruf. Undoubtedly, the development of an ethnic language and its endowment with a literary tradition is ma’ruf, a commendable achievement. The same maybe said of other elements of ethnicity; music, dress, food, architecture, village or urban planning, social custom.

    All these positive aspects of ethnicity Islam acknowledges under the “ummah,” as theoretical category, and all their values are subsumed under the “ummah” as axiological category. This particular meaning of the ummah (the ummah in this or that region of the world) contrasts with the universal ummah which is the first object of the world-state of Islam. To each, Islam and its law have assigned its proper place. The nearest Western term which covers the regional ummah is patriotism. Patriotism is the love, compassion and responsibility one feels toward his neighbors, his fellow tribesmen, his region of the globe. Islam appreciates these feelings. Indeed, it provides laws for the actualization of these objectives. Service to tribe or nation, it holds, defence of the regional ummah when aggressed upon from within (gangsterism, rebellion, breakup of public order) or from without (invasion, subversion) are duties under Islamic law. Their neglect or violation is punishable in this world and the next. Thus Islam outdoes Western patriotism by making the ethnic group’s service and defense a civic as ell religious duty. Islam doubles the motivation for compliance with patriotic requirements, by adding the punishment and reward of the other world to those of this world.

    3. Patriotism vs. Ethnocentrism/Nationalism

    Patriotism however, is radically different from nationalism, or ethnocentrism. The latter go far beyond patriotism as we have defined it. First, nationalism or ethnocentrism assumes the existence of characteristics in the group which biology knows to exist only in the family among people related in blood through a very few generations. This is the blunder of racism, which asserts the presence of biological qualities in the group to justify the separatism of its members from, and their superiority over, humanity. The “master race” and the “chosen people” theories with which this century made us all too familiar, are examples of biology-based racism, the one defining membership in terms of descendence from mother, the other in terms of descendence from mother and father as well as eyes and hair color and cephalic index.

    Second, ethnocentrism/nationalism considers all acquired group characteristics as necessary as the innate family characteristics, and treats them as such. For it does not differentiate between the necessities of biology and history. Its vision is so committed to the group that it read into group history an absolutely necessary march which could not have been but as it was and is. Through mythologization, it creates gods out of the group’s past and prostrates itself in worship at their feet. The accidents of history are fused with biological qualities assumed to exist in the group to form a mystical block with which the group is identified and its destiny charted.

    Thirdly, nationalism/ethnocentrism assigns to the hypostasized biological-historical characteristics of the group universal value. In its axiological hierarchy, the values of other groups find only inferior, secondary position. The very existence of other groups is assigned instrumental status and value in relation to those of the nationalist/ethnocentrist group. The nationalist good is the highest. It must be pursued uberhaupt; i.e., it must be the ultimate and of all other pursuits, and as such, all other pursuits are to become subservient to it. This is the axiological foundation which justified in the eye of the nationalist/ethnocentrist, his violation of all other groups, which indeed regards such violation not only permissible where it is instrumental to the nationalist good, but even obligatory when the two run in opposite directions. The nationalist/ethnocentrist group is egotistic, preferring its own good to that of humanity.

    Promotive as it is of patriotism, Islam has no countenance for nationalist/ ethnocentrism. It condemns it for its falsity, its pretense, and its truncated, reductionist axiology. Islam regards it as violating the most basic intuitions and values of humanity, as well as the highest commandments of God. Indeed, Islam regards nationalist/ethnocentrism as a threat to divine transcendence. For under nationalist/ethnocentrism, humans are not the equal creatures of God who compete for merit with Him. They are unequal creatures and their inequality is not a consequence of their effort, but a function of their creatureliness. Furthermore, as preferred or chosen creatures, possessing higher values in their beings (i.e., ontologically), they stand to God in different relation that other creatures do. A god that suffers himself to stand in such different relations to his human creatures is not the transcendent God of Islam, but a prejudiced weakling, dominated by an irrational, arbitrary passion for his preferred stock. No wonder that nationalist/ethnocentrism conceives of Him as “the God of Promise,” i.e., as straightjacketed by his own promise given to his chosen, to which he is bound regardless of the chosen’s conduct. The God of Islam is indeed the “God of the Covenant.” But the covenant of God is an open covenant which all humankind are invited to enter. It is a free, open, two-way highway in which man serves God in loyalty to Him and God disburses His rewards according to personal merit. Nationalist/ethnocentrism reduces the God of the covenant to the God of the Promise and thus ruins His transcendence.

    4. Nationalism/Ethnocentrism in History

    Nationalist/ethnocentrism dominated life in Arabia before Islam, and was called “asabiyyat al jahiliyah.” It raised the tribe above humanity, focussed all poetry and feeling upon the tribe’s glory, and demanded exertion of all effort in pursuit of the tribe’s welfare. In the process, it justify raiding of the other tribe, robbery of its wealth, and slaughter of its innocent members for no crime but the fact to their belonging to another tribe. In order to eradicate this evil, Islam abolished the tribe as form of human association, and built the ummah on trans-tribal, humanity-wide foundations. It was to an Arab audience that the Prophet Muhammad (SAAS) addressed the following admonitions on his last pilgrimage to Makkah, and hence the holiest occasion: “Listen to me well, O People, God created you all descendants of Adam, and Adam he created of earth. No Arab has any priority over a non-Arab, no white over a black and no non-Arab over an Arab, or black over a white – except in righteousness.”

    Later in Islamic history (first century of the Abbasi caliphate, from about 150/ 775), the same evil showed its head again, this time under the name “shu’biyyah” (factionalism). But the ummah combated it successfully and eradicated it.For a detailed account, see Ahmad Amin, Duha al Islam (Cairo: Maktabat al Nahdat al Misriyah, 1956), Vol. I, pp.57ff. In modern times, it has risen again among Muslims in the aftermath of colonialism under the name “qawmiyyah” or nationalism. Fortunately, qawmiyyah has not penetrated to the Muslim masses, who remain aware of but one identity – the Islamic – from the Atlantic to the Pacific. Qawmiyyah was adopted by a Westernized upper crust of Muslim society which had been trained by the colonialists to hold the reins of power after their departure and to perpetuate the fragmentation of the world-ummah into mutually conflicting factions. Like the shu’ubiyyah of early Muslim history, modern qawmiyyah is devoid of thought, but it is far more dangerous. It seeks to attach itself to Islamic civilization to which it has yet contributed nothing. As shu’ubiyyah was the camouflage of zandaqah (pretense of Islam shown by non-Muslims), qawmiyyah is the pretence of anti-Arab or anti-Islamic forces in the Muslim world seeking the division of the ummah into ethnic/linguistic/geographic units which Islam never recognized. Qawmiyyah is the committed enemy of the universal brotherhood of Islam, of world-unity under the aegis of Islam. Undoubtedly, the opposition of qawmiyyah to the world—ummah will be the “battle of the century”For an account of its literature, see this author’s On Arabism (Amsterdam: Djambatan, 1961), pp. 121ff..

    Nationalism/ethnocentrism is built upon a relativist axiology. The scale of values as well as the higher values in the hierarchy are regarded as normative only for the group. The others may be its objects, or instruments, never its ultimate purpose which must be the group itself. That is why the God of nationalism/ethnocentrism may reach humankind, not in love or compassion but in revenge and vindication for the ethnic group. Equally, just as ethnocentric religion is hardly ever missionary, seeking deliberately to contain itself within the group and absolving humankind from equal obligation under the commandments of God, nationalism seeks to shut itself from humanity by setting for itself a temple, or holy ground, out of a piece of real estate it cuts off from the earth, and girds itself against humankind by restrictive citizenship and immigration laws. Little does nationalism/ ethnocentrism know that any sub-group within the group has more title to separatism and exclusivism than the group itself of which it is part. For the more restrictive and smaller the sub-group, the more accurate its description of itself, and the stronger the ‘asabiyyah (cohesive bond) among its members. Little does nationalism/ethnocentrism realize that by its own logic, it dooms itself to infinite fragmentation into ever smaller sub-groups, a fate it escapes only by contradicting itself, by denying its own logic. But, founding itself upon feeling, it takes refuge in the arbitrary judgment of ineffable experience. Little does it realize how perilously close it stands to the dogmatism of the Catholic Church, opposition to which gave nationalism ethnocentrism its birth certificate.

    The nation-state is a phenomenon of European history. It arose as an expression of nationalism/ethnocentrism. Its origins are to be found in the Reformation. Having bused the peoples under its care, the Roman Catholic Church became the object of resentment by many. Its justification of its tyranny and abuse by declaring its practices consistent with its ideal of the universal oikumene (community) make the ideal itself hateful along with the practices. Thus, rebellion against the Church of Rome was at once rebellion against “aliens” who exploited the people, extorted their wealth and spent it on the beautification of alien lands (Italy). Rallying around the prince and against the Church of Rome was “national liberation” from that yoke. Thus the nationalist movements of Europe began.

    Later, when seventeenth-century rationalism and the Enlightenment, in their combat of the dogmatism of the Roman Catholic Church, projected against the old ideal of the universal community but as the necessary consequence of rationalism, the mind of Europe was revulsed. In its second rebellion against universalism (whether religious, rationalist or secular) Europe flung itself violently toward ethnocentrism. The new movement was known as Romanticism. It developed an epistemology of feeling and experience on which to base its religion (Schleiermacher), and ethics (Fichte, Nietzsche); and it relegated rationalism and empiricism to the sciences of nature alone. Group self-assertion became the order of the day in Europe. Inter-group conflict was mitigated only by the rivalry of European nations to invade and colonize Africa, Asia, Oceania and Latin America. Even so, wars between the European nations never ceased with one ethnic group claiming superiority over its neighbors, its colonies and the whole world. The Muslim world received the brunt of Europe’s colonialist expansion. The terrible mess in which the whole world finds itself today is the direct consequence of European nationalism/ethnocentrism. Indeed the world is groaning from it. Its contagion however is spreading to the Third World, just as the colonialists had planned in the hope of keeping its peoples divided against themselves.

    III. The Universal Brotherhood under the Law: The World-Ummah

    The third institution to dominate human association is the universal community. It was first established in history in the Akkadian, and later in the Babylonian, state in Mesopotamia. Although these states never extended beyond the Tigris-Euphrates valley and/or geographic Syria, they were thought by their rules and citizens to cover “the four directions of the world.” Every Arab migration into Mesopotamia and/or the Fertile Crescent (Akkadian, Amorite, Aramean) tended to repudiate the city states in favor of one which included the whole region which was the extent of their knowledge of the world. The peoples of the most distant areas were regarded as de jure citizens of the Semitic universal state, as witness the code of Hammurabi; whereas the Egyptians, the Greek and the Romans never looked upon the citizen of the distant lands except as strange aliens and subject people to be colonized.

    The ideal of the universal community was equally taught by Jesus, son of Mary, as the antidote to Jewish ethnocentrism. The same teaching was promoted by his followers who took the new religion outside of the Jewish community and proselytized the world. The ideal remained active in the Roman Catholic Church for almost a millenium and a half; but its history has been made turbulent by two factors militating against it. The first was the commonplace human failure to live by the high ideal. The second, unique to Christianity, was her condemnation of all political life as fallen, necessarily sinful and salvation.

    Islam was the ideal’s greatest affirmation; and the Islamic State, its greatest embodiment. Islam offers the universal community as base of human association, instead of the nation, people or ethnic group. This is not the ummah of the Muslims, or Muslims community, which is only a segment of the constituency of the Islamic State. In the first written constitution, which was given by the Prophet to the New Islamic State in Madinah, the ummah of Muslims was one community, and the ummah of Jews was another. Later, the ummah(s) of Christians, Zoroastrians, Hindus and Buddhists joined the Islamic State. The Islamic State itself was an ummah of a different order, an expanding world-ummah designed eventually to include humanity as its citizens. The communities which constitute the world-ummah were to co-exist in peace. Each ummah is to order the lives of its members according to its own religion. It is to have its own institutions and its own laws, as well as the power to activate the former and implement the latter. The Islamic State guarantees these prerogatives in its shari’ah, or God-given law and constitution. Within the world-ummah, everyone should be free to convince and be convinced of the truth. The divine commandment, “No coercion in religion” (Qur’an 2:256) is to govern the relations of Muslims and non-Muslims alike.

    The world-ummah of Islam was a radical and new political ideal then, as it is today; for the need for it continues persistently. It is a pluralistic universal society in which all humans are members by virtue of their religious affiliation. Its pluralism is based not on courtesies or arrangements and treaties which can be denied or revoked at the whim of politicians, but on laws which no earthly authority can change or revoke. Moreover, it is not a pluralism in the matters which do not count, such as one finds today in London or New York. It is a pluralism of law – an idea of which the West has not yet even conceived. Beside the shari’ah, whose laws govern the lives of Muslim citizens and are administered in Muslim courts, the Islamic State has the Torahic, Christian, Zorastrian, Hindu and Buddhist laws which govern the lives of their adherents and are administered by Rabbinic, Christian, Zoroastrian, Hindu and Buddhist courts. Where the jurisdiction of these courts overlaps, as when the cases presented to them involve adherents of many faiths, the courts reconcile their verdicts together for the good of the adherents and the world-ummah of which they are the constituents. Only in matters of war and peace affecting the world-ummah as a whole is the Islamic State exclusively the judge.

    The Islamic State is hence a world-state, with an army on the ready to repel aggression as well as to prevent war between one ummah and another. It is a pax islamica in which a person is identified according to what he cherishes best, his religion, ideology and law, not his tribal membership. It is a United Nations with teeth so as to preserve the peace, and with respect and concern for the spiritual identify of the members. It is the expression of Islamic humanism.

    The raison d’etre of the ummah – with its government and institutions – is not merely to curb the evil tendencies of man. To restrict the origin and purpose of political organization to the task of protecting the individual from the bellum omnium contra omnes, the presupposition of liberal political thinking in the West, debases the state and truncates it. Even if true, such prejudgments against it reduce the state’s value to that of a preliminary condition. Underlying this thinking is the doctrinal position of Christian dogma, namely, that man is fallen, essentially vitiated by “original sin”, and hence hopelessly embroiled in a predicament from which he can never extricate himself. Such a view is the presupposition of Christian soteriology. It has no place in Islam where man is held to be innocent, created in the best of forms, higher than the angels, and commissioned (mukallaf) with a task of cosmic significance, namely, to do God’s will on earth, to realize the absolute in this space and time. To this end, God has made the whole of creation subservient to man, and created him capable of free action. The causal system of creation which is sustained and ordered by God was broken open only for human action to intervene and effectively to change the course of events and transform creation into the pattern God has commanded and revealed. This is the meaning of man’s khilafah, or vicegerency of God; of his carrying the amanah, or divine trust in space-time.

    Evidently, if man is to pursue this end and actualize it, he needs the state. Being an ethic of works rather than an ethic of faith or intention, the ethic of Islam requires and presupposes the ordered society. For only three will man be able to fulfill the commandments of God. These, being all social, or ummatic in character, society, its institutions and the whole web of societal relation in which man stands are necessary. The state is not merely a policeman; though it does fulfill this function when and where necessary. Rather, the state is the focus of ummatic activity. It is the leader and mover which mobilizes and organizes human energies; which leads the ordered energies of the ummah effectively toward the goal. That history has known some men bent upon mischief, some rulers who have fallen to corruption and tyranny, constitute no attack upon the state and no argument against its desirability and legitimacy. The onward march of humanity toward the khilafah-goal is the only legitimate criterion of worth. It justifies the state and all its institutions. But it also lays the greatest burden of responsibility upon it –- the responsibility of fulfilling or not fulfilling the diving imperative, as well as that of Ultimate Judgment where every person, ruler or ruled, will get exactly what he or she has earned, blest or unblest.

    From Chapter 7: “The Nation State And Social Order In The Perspective of Islam” in Isma’il Raji al Faruqi (ed.), “Trialogue of the Abrahamic Faiths”, Amana Publications, 4th edition (1995)

  • Islam and Human Rights

    Reading Time: 25 minutesHuman rights

    Over a billion humans in the world today are Muslims. As Muslims, they believe in human rights. But their bill of human rights is not one composed by a committee of scholars or leaders, resolved and promulgated by a government, a parliament, or a representative assembly. What humans compose can only be tentative; and what they resolve can only be temporary. With their partial knowledge and passing interests, humans are known always to contend with one another, to agree and disagree and to keep on changing. Human rights cannot be subject to such vicissitudes. Hence, Muslims believe in a bill of human rights which is eternal whose author is Allah — subhanahu wa ta’ala (SWT). Theirs is a bill which was taught by all the prophets and which is crystallized in the Holy Qur’an, the revelation which came to the Prophet Muhammad, salla Allahu ‘alayhi wa sallam (SAAS). Islam’s bill of human rights was promulgated by God for all places and times. The Islamic bill of human rights is the oldest, as well as the most perfect and greatest. The Muslims of the world rejoice that humanity has in this century come to acknowledge the greater part of Islam’s Bill of human rights and pray that Allah (SWT) may guide humankind to recognize these rights and actualize them in their lives.

    The Islamic bill of human rights is a system of axiolgical principles or values. The deontological applications of them, or the duties and ought’s deriving therefrom, have been elaborated in the shari’ah — the law of Islam. Hence, Islam’s human rights are not merely ethical desiderata, or ideals of administrative policy, which cannot be invoked in legal processes. They have the full force of established law, and they have been known both to the literate and illiterate Livnat poran a whole millennium before the age of printing. Equally, except in a few cases, the letter of the prescriptive elaborations of human rights in Islam is not sacrosanct and hence absolutely unalterable. The qualities of eternity and immutability belong to the principles behind the prescriptive elaboration, not to their figurization , i.e. to the legal form given them by translation of the purposes of the law into legislative prescriptions. Eternity and absoluteness, belong in the main, to the axiological postulates. With the exception of these postulates and directions, all deontological elaborations, whether legal or methodological, and other prescriptive particularizations of the shari’ah are ever-open to reinterpretation by humans. This openness is dictated by the ever-changing conditions and situations of human life which demand in turn a readiness on the part of the law to meet them in pursuit of its eternal objectives. The shari’ah is divine and eternal therefore, not in its letter, but in its spirit.

    The letter of the law is honoured precisely because of its derivation from that which is divine and eternal. To enable itself to move with time and to accommodate changing human conditions, the shari’ah established the science of usul al fiqh. This science recognized from the earliest time that the shari’ah has other sources, besides the texts of the Holy Qur’an and Sunnah, which guarantee dynamism and creativity. To this purpose, usul al fiqh established a methodology of logical deduction and analogical extrapolation from the data revelata, as well as criteria for an empirical discovery of the common welfare of the people which it declared an equally valid source of law. For the overwhelming majority of Muslims (the adherents of the Hanafi, Maliki and Ja’fari schools or madhahib of law) to establish critically — i.e. empirically — the requisites of public welfare and to subsume them, either through istihsan (juristic preference) or maslahah (juristic consideration of the commonweal), under the Maqasid al Shari’ah (the general purpose of the law), is the pinnacle of juristic wisdom and Islamic piety.

    We are therefore dealing with neither a fossilized law whose form or letter is immutable; nor with a flux of precepts which change with every situation. Rather, Islam’s human rights are anchored in eternal principles or values whose applications may develop following human situations, but only with critical guarantees for the permanence of those principles and values.

    As values, Islam’s human rights arrange themselves in clusters and are best discerned as such; for a recognition of each value becomes at once a recognition of its relatives, as well as of its order of rank within the cluster and in the realm of values as a whole. There are nine such clusters.

    I. Values Associated with Birth

    All humans are born innocent.The Prophet (SAAS) said: Every human is born innocent (‘ala al-fitrah). His parents make him adhere to one religious tradition or other (i.e., man’s historical religiocultural personality is acquired and not necessary).

    1) There is neither original sin nor fall; neither vicarious guilt, nor vicarious merit; neither predestination to be saved, nor to be condemned.The Qur’an reported Adam’s sin; but it affirmed that his sin was his own; that he repented and was forgiven. (Qur’an 2:36-37).

    The Qur’an also affirms that no soul will get any more or any less than it has earned (Qur’an 3:25); that no person is responsible for the guilt of another, or may intercede on another’s behalf (Qur’an 2:48): that guilt is not transferable (Qur’an 6:164); that no atom’s weight of good or evil will be lost in the final reckoning on the Day of judgement (Qur’an 99:7-8). Allah who created everything perfect (Qur’an 32:7); “We created man in the best of forms” (Qur’an 95:4) God then perfected man, breathed into him of His own spirit. God gave man his hearing, his sight and heart, as faculties of cognition and knowledge (Qur’an 32:9)

    2) On the contrary, all humans are created in the best of forms and perfect; i.e., endowed with faculties which enable them to recognise their Creator and their creaturely status, to discern good and evil, to acknowledge their own human rights and obligations.“Turn yourselves to the primordial religion, as a hanif; to the natural religion innate and absolutely the same in all humans. That is the only true and worth religion” (Qur’an 30:30). Add to these verses the ubiquitous admonition to reason, to consider, to think, to judge, to compare and contrast, to seek the truth, to choose the right guidance.

    3) They are created absolutely equal. Their physical characteristics as well as those which pertain to the geography or sociography of their birth and are no more than aids for personal identification.“O People! We created you all of a single pair of male and female; and We have constituted you into tribes and nations that you may identify one another. The worthier in the eye of God is the more righteous.” (Qur’an 49:13).

    4) There can therefore be no division of human castes, destined at birth for one kind of living or another, as Hinduism claims; or into classes destined at birth for one kind of function or another, as Marxism claims; nor predestination to salvation or damnation as Calvin taught; nor, finally, ontological election to a “chosen” status different from all humans, as Judaism claims. A human’s personal worth or unworth can never be a function of that person’s birth. To be born is to have the right to be, to live as long as God alone permits. No one may be deprived of life except for legitimate cause, and none may take away his own life.“Unless in retaliation for the killing of another person or in punishment for spreading evil, whoever kills a person has killed the whole of humanity; and whoever gives life to a person has done so to the whole of humanity.” (Qur’an 5:32)

    5) Equally, to be born is to be endowed with God’s amanah or trust to actualize the divine patterns, i.e., to realize the absolute in this space-time.“We (God) offered Our trust to heaven and earth and mountains. They all rejected it, in fear of its burden. But man accepted and carried it.” (Qur’an 33:72)

    6) This is the meaning of khilafah or vicegerency of God.“And when thy Lord said to the angels, I plan to establish a vicegerent for Myself on earth, the angels asked, Would you establish on earth a creature that sheds blood and spreads evil while we constantly glorify and adore You? God said: I have designed a plan [for humanity on earth] which you do not know.” (Qur’an 2:30).

    7) As well as the ground of cosmic status, the station higher than that of the angels, which belongs to all humans by virtue of birth.“And We commanded the angels to prostrate themselves before Adam, and they did.” (Qur’an 2:34); “We have ennobled and cherished humankind, enabled them to traverse land and sea, provided them with all good things, and granted them priority over many other creatures.” (Qur’an 17:70).

    8) No human may be deprived of the right to fulfill the amanah and khilafah, to the full extent of one’s power.

    II. Values Associated with Childhood

    All humans are entitled to have parents, descendents from whom gives them their names and identities.Islamic law condemns adultery in the strongest terms; but it is most considerate to the children of adulterous unions, whom it regards as innocent of their parents’ crime. It prescribes their acquisition of the father’s name, if known, as legitimate and rightful in all cases. “(Allah) did not make your adopted sons (truly) your sons. That is only your empty claim, whereas Allah says the truth and guides to it. Give them the names of their real parents; that is more just in Allah’s judgement. And if their parents are utterly unknown, then regard them as your clients, but always as your brothers in religion.” (Qur’an 33:4-5).

    9) No foundling may remain a foundling but must be rehabilitated into his natural family.In the case of children devoid of parents or relatives to assume these duties, the shari’ah imposes these duties upon the Islamic state and regards the chief of state or khalifah personally responsible for the welfare and Islamic upbringing of such children. All children are entitled to love and care on the part of their parents or guardians as well as to acculturation and socialization, to guidance and discipline, to redress and punishment where necessary.

    10) All humans are entitled to a free education which fully develops their potentialities and prepares them for their khilafah.The Prophet (SAAS) decreed that the pursuit of knowledge is a duty for every Muslim man and woman.

    11) They are entitled to training in the vocation best adapted to their capacities so as to produce in their productive years more than they cost or consume from conception to burial. Unless they do so they would not have increased the total quantitative and qualitative good of creation, of history, which is the criterion of their moral worth.

    III. Values Associated with Adulthood

    A. Rationalism. The truth is, and it is knowable by humans. It is one; just as God is One.“Rather, it is Allah indeed that is the Truth” (Qur’an 22:6). “And proclaim, O Muhammad, the truth has come and is now manifest. Falsehood has been confuted; for it deserves to be so.” (Qur’an 17:81).

    12) It is knowable by any of the twin avenues of reason and revelation, since the object of both is one and the same, namely, the will of God which is knowable as the divine patterns of creation, in the realms of nature, of the psyche, of society, of ethical religious and aesthetic consciousness.“Heaven and earth are full of patterns of Allah for the believers to grasp. In the creation of man as well as in that of every creature Allah has created, there are patterns to be perceived by those who are convinced.” (Qur’an 45:3-4). “We shall present to them our patterns in the horizons as well as within themselves (in their consciousness) until they realize that this is indeed the truth.” (Qur’an 41:53).

    13) No contradiction between reason and revelation is ultimate.

    14) Wherever contradiction occurs, it is our understanding of either the data of revelation, or the data of nature, that is at fault, necessitating re-examination. All humans are entitled know the truth; and no censorship or restriction may be imposed by anyone.

    15) All humans are hence entitled to inquire, to search, to learn and to teach one another. Human society is a school on grand scale where everyone is student and teacher at the same time.Say, O Muhammad: My Lord Who knows all things, challenges with the truth. Say, the truth has now become manifest. The opposite of truth has nothing to stand upon and is devoid of effect or power. Say, if I fall into error, it is my deed, my personal responsibility (Qur’an 34: 48-50). Ideological or thoroughgoing skepticism is the inseparable twin of cynicism. It is false, and a defiance of God.

    16) No one may promote it to destroy the tradition of human knowledge and wisdom, though questions may always be asked to increase that legacy.“Truth and wisdom have become manifest. They are different from falsehood and straying.” (Qur’an 2:256). The Prophet (SAAS) said: “Whomsoever God wishes to bless, He causes him to acquire knowledge.” No one may prevent anybody from appropriating it or contributing to its growth.

    B. Life and World Affirmation. God has created life and the world for good purpose.“Does man think that he has been created in vain?” (Qur’an 75:36). Life must therefore be lived and the world developed. Instincts ought to be satisfied and happiness sought and achieved. Talents, faculties and potentialities, ought to be realized and the result must be the building and growth of culture and civilization.“The righteous are those who examine and ponder over the creation of heaven and earth and exclaim in conclusion: O God You have not created all this in vain.” (Qur’an 3:191).

    17) Fulfillment of self as well as of creation is indeed a divine purpose established that humans, in their pursuit of it, do the good deeds which actualize the moral values, i.e., the higher part of the divine will. Conversely, no human may destroy life and the world, or subvert culture or civilization. Cynicism is a denial of the divine purpose of creation and action based upon it is a defiance of the Creator Himself (SWT).

    C. Freedom. The liberty to know and to think (mind), to judge and to choose (heart), to act or not to act (arm), belongs universally and necessarily to all humans.“There shall be no coercion in religion.” (Qur’an 2: 256) “Whoever wishes to believe, let him do so; and whoever wishes to disbelieve, let him do so likewise.” (Qur’an 18:29). Coercion in any form, except as imposed by law, is a civil and religious offense, punishable in this world as well as in the next.

    D. Egalitarianism.

    18) As creatures of God, all humans are absolutely equal in their relation to Him, to His providence and justice, His love and mercy as well as to His judgement in this world and in the next.Supra, note 4. On his last pilgrimage, the Prophet (SAAS) said in his sermon at ‘Arafat: All of you issue from Adam, and Adam issued from dust. No Arab has any priority over a non-Arab, no black over a white, and no non-Arab over an Arab and no white over a black — except in righteousness.

    19) Their equal creatureliness is the corollary of His unity and transcendence. Differentiation among them is legitimate only when it is based upon individual effort and merit.Supra, note 4. To everyone a place will be assigned corresponding to the merit of his deeds (Qur’an 6:83). The Prophet (SAAS) said: “Were Fatimah, daughter of Muhammad himself, to commit theft, I would impose upon her God’s sanction of having her hand cut off.”

    20) On the other hand, racism, chosenness, or any discrimination on the basis of religion, race, colour, language, ethnicity, descendence geography or history, is evil prohibited by God and a threat to His unity and transcendence.

    E. Ummatism. Belonging to an ummah or society is a fact of nature and a divine pattern. All humans are members of one ummah or another.

    21) While no human may turn his back to, and dissociate himself from society as such, each is free to associate with, or dissociate from any group or ummah. To this end, humans are free to communicate and assemble with one another, to build such institutions as would promote and express such association. “Let there be of you an ummah calling to the good deed, enjoining the acts of righteousness and prohibiting those of evil. Felicitous is such an ummah.” (Qur’an 3:104).

    F. Responsibility. Except minors and the legally-declared insane, all humans are mukallafun; i.e., responsible before God and the law, each within his/her sphere of influence. Both men and women are responsible for the welfare of their dependents, relatives, and neighbors, according to the prescriptions of the shari’ah if they are Muslims, and to millah law if otherwise.The Prophet (SAAS) said: Everyone of you is a shepherd, responsible for his flock.

    22) They are responsible for their contracts and covenants;“Fulfill your covenants perfectly; for to covenant is to commit oneself responsibly.” (Qur’an 17:34). “Felicitous are those believers who keep their promises and fulfill what they have committed themselves to do.” (Qur’an 70:32).

    23) for fulfillment of established customs.Supra, note 21. “Take the side of forgiveness and enjoin that which is right” (Qur’an 7:199).

    24) All duties incumbent upon the collectivity of Muslims become personal duties incumbent upon every adult individually, wherever and whenever the collectivity fails to carry them out.The shari’ah distinguishes the fard ‘ayn (personal duty) from the fard kifayah (collective duty). But it prescribes the automatic transformation of any collective duty unto a personal one wherever and whenever the collective has failed to fulfill that duty.

    25) It is both the right and the duty of every member of the ummah, of every citizen of the Islamic state, to bring court action against any violation of the shari’ah; and it is the duty of society to support such an initiative and protect its author.

    G. Universalism. Humans were created to form an open society, where action is meant to actualize the divine patterns.“And if those whom you call to Allah turn away from this cause, Allah will exchange them for another people who will be otherwise.” (Qur’an 47:38). This is an open competition which any human may enter without conditions.

    26) Any person or group may join this society, fulfill its functions, rise in hierarchy or achieve in its arena all that personal qualification, self-exertion and effort make possible.

    27) Righteous achievement of the individual person is the only basis of merit. All humans have the right to reside wherever they choose, to change their residences at will.“No man may receive credit except for what he himself had wrought. His accomplishments must indeed be shown, and he must be rewarded accordingly.” (Qur’an 53:39-41).

    28) Equally, they are entitled to transport their wealth and goods wherever they wish, to join or secede from the ummah of their birth.“Is not Allah’s earth wide enough to accommodate all?” (Qur’an 4:97) “And the earth has He spread out for living creatures.” (Qur’an 55:10) “Allah has made the earth subservient to you, O humankind, strike out then into the world and seek of Allah’s bounty.” (Qur’an 67:15). Muslims may not secede from their ummah and continue to reside in the Islamic state.This principle of the shari’ah if often misunderstood to imply discrimination between Muslims and non-Muslims. That non-Muslims may change their religion and join the Muslim ummah, and Muslims may not to convert to other religions and join their respective ummah, is alleged to constitute such illegitimate discrimination. The fact, however, is otherwise. The shari’ah holds all humans free to choose their religious affiliations, to enter into and exit from any religious denominations, including Islam. What it condemns is exit from political affiliation with the ummah or the Islamic state while continuing to reside within its territory. Since affiliation to the religion of Islam is ipso facto affiliation to the Islamic state and the ummah it is not conceivable to exit from the one without exiting from the other. Exit from the religion is a religious matter in which personal freedom is guaranteed for all. But exit from the ummah is at once an exit from citizenship, or loyalty to, the Islamic state. No state can or does tolerate anybody’s self-exoneration from loyalty to itself while continuing to affirm one’s citizenship or residence in that state. Such loyalty is a conditio sine qua non on residence or citizenship. That is why Islamic law has treated exit from Islam as tantamount to exit from state, and therefore necessitating either physical separation from the territory of the Islamic state or prosecution as if it were treason. Naturally, the Muslim who converts to another religion, secedes from the ummah and exits from the Islamic state is not only safe because the jurisdiction of Islamic law does not reach him; neither the ummah nor the Islamic state has any claim against him.

    IV. Values Associated with Economic Activity

    29) All wealth belongs to Allah (SWT) who made everything in creation subservient to man.“Do you not know that to Allah alone dominion of heaven and earth?” (Qur’an 2:107); “Do you not see that Allah has made subservient to you everything in heaven and earth and showered His blessings upon you?” (Qur’an 31:20)

    30) If they have acquired it legally, humans are the trustees and stewards of it, entitled to its usufruct and enjoyment without limits. No property may be expropriated without legitimate cause and equitable compensation. No one may prevent another from drawing benefit from God’s bounty in any amount.“So strike out into the earth and seek the bounty of God therein.” (Qur’an 62:10); “There are no restrictions on the bounty of your Lord.” (Qur’an 17:20) The Prophet (SAAS) said: “Whoever appropriates something of the earth without due title, will be thrown on the Day of Judgement into the seventh lowest level.”

    31) Property may be owned privately, corporately or publicly. It may not be destroyed or abused. Likewise, no one may make a misrepresentation in business transactions or cheat, steal, or rob another of his/her wealth.“Woe to the fraudulent! Who exact full measure when they receive but cheat when it is their turn to give.” (Qur’an 83:1-3); “Whether male or female, the hand of the thieves shall be cut off in retribution from Allah for their misdeed.” (Qur’an 5:38) The Prophet (SAAS) said: “Whoever deals with fraudulence is not a Muslim.”

    32) None may hoard or monopolize any commodity for the purpose of “cornering the market” and raising prices artificially.“As to those who pile up their wealth of gold and silver, who do not spend it in the cause of God, warn them of sure and dire punishment.” (Qur’an 9:34); The Prophet said: “Every monopolist is a sinner.”

    33) None may lend more on interest, or share the profits without sharing the risks.“Allah has made trade or buying and selling legitimate; but He has prohibited the collection of interest” (Qur’an 2:275); “Those who collect interest are like those possessed by Satan” (ibid). The benefits accruing from public property should devolve to all citizens according to their needs.

    34) All humans are entitled to employment, and all employment should earn enough to support the workers and their dependents throughout life, according to a clearly defined and agreeable minimum standard of living.“Felicitous are those who recognize a right to the destitute and the deprived to a share in their wealth” (Qur’an 70: 24-25). The Prophet (SAAS) said: “Give the employee his wages before his sweat has had time to dry…God honors the believer who practices a profession.” In another hadith the Prophet (SAAS) reported that Allah (SWT), will prosecute mercilessly anyone who cheats a worker out of his wages.

    35) Equal works should earn equal pay in all cases. All humans are entitled to their savings and their private properties. They may give their wealth as gifts or pass it to their descendants according to the inheritance laws of their ummah.“The inheritance should be divided after satisfaction of a debt due and the fulfillment of a willed gift” (Qur’an 4:11).

    36) The orphans, the poor and the destitute are entitled to the assistance of society in such measure as would guarantee the minimum standard of living.

    V. Values Associated with Political Activity

    Islam regards decision-making as a process determined by the principle of shura, or participation of ruler and ruled together. Participation in the political life of the ummah or world state of Islam, is not only a basic human right, but a religious duty.

    37) This participation Islam directs, should express itself in the selection and appointment of the rulerThe Prophet (SAAS) said: “Those who die without having participated in the election of one caliph or political officer pass away as non-Muslim.”, in obedience to and monitoring of the ruler’s exercise of power, in giving the ruler the benefit of warning and advice and in impeaching and/or removing the ruler from office in case of failure.Upon his election to the caliphate, Abu Bakr (Radiya Allahu ‘Anh [RAA] May God bless him) said: “If I govern well, you should help me. If I govern badly, you should correct me….It is your duty to obey me only so long as I obey God and His Prophet. Were I to disobey them, you owe me no more obedience” (Ibn Ishaq, Sirat al- Nabiyy (SAAS) edited by M. M. D. Abdul Hamid, Cairo: M. Subayh, 1383/1963, Vol. IV, p. 1075. Allah (SWT) described the felicitous believers as those who conduct their affairs in consultation among themselves (Qur’an 42:38).

    38) Ruler and government are expected to fulfill the shari’ah and actualize the vision of Islam.

    39) These are not only “official” duties of the ruler and members of the administration, but personal religious and civil duties incumbent upon all individuals in case the ruler and government fail to realize them.Ibid. While Islam abhors any discrimination between the citizens of the Islamic state in public service based on anything but personal competence and merit, its ethic forbids the Muslim to seek public office, expecting public servants to be sought and elected or appointed by their fellows. Self-nomination and promotion are condemned.“Do not therefore nominate or praise yourselves.” (Qur’an 53:32).

    40) Islam regards political office as a sacred trust placed in the candidate most capable of fulfilling the ideal of Islam relevant to that office. Islam regards a human as entitled to live under the Pax Islamica — the jurisdiction of the Islamic state — if they so wish, regardless of whether or not they are Muslims; and to exit therefrom, otherwise.This was one of the distinctive features of the constitution of the Islamic state, the first written statement constitution in history. It was dictated by the Prophet Muhammad (SAAS) in 622 A.C. on the very first day of the Hijrah, or his arrival to Madinah in that year, and on account of which that day was declared the beginning of the Islamic era. The constitution decreed as legitimate and indeed constitutive of the Islamic state, the Jewish ummah, with its religion and institutions and laws. Later, the same principle was applied to the Christians by the Prophet himself (SAAS), and following in his footsteps, the Muslims later applied it to Zoroastrians, Hindus, Buddhists and adherents of all other religions who had either lived in the Islamic state or entered therewith into a covenant of peace! This was responsible for the creation of a novel system of organization, the first pluralistic society — wherein several religious communities live in peace under the aegis of a professedly ideological (Islamic) state. Moreover, this Islamic pluralism is not one of a few constitutionally guaranteed basic human rights, but a legitimization of all the laws — religious, social, political, cultural, economic, criminal, procedural — governing any non-Muslim society which opts for the Pax Islamica, the world-order of Islam. Thus, the non-Muslim citizens of the Islamic state may order their lives as their religious and cultural traditions; and their own courts of law are backed by the Islamic state, for the enforcement of their own laws.

    “In their possession is the Torah wherein is the law of God” (Qur’an 5:43); “As to the People of the Evangel [the Christians], let them rule themselves by what God has revealed therein.” (Qur’an 42:38). In the former case, they have to abide by the laws or institutions of their millah, or faith-community.Islam stands for the closest solidarity and mutual security of humans with one another (see Qur’an 90:12-18). Condemning the others, the Qur’an affirmed: “They did not prohibit one another from committing their evil deeds. Accursed indeed was their conduct” (Qur’an 5:79). The shari’ah is not satisfied to recommend neighborly love in a general matter, but has established a number of duties which a person must observe toward the neighbour: and it declared failure and neglect to observe them subject to sanction.

    41) Islamic law will not apply to them unless they themselves request such application. No human may be arrested or interned except under the laws of his millah or under criminal laws of the shari’ah; and none may be subject to harassment or invasion of privacy by government officers.See this author’s “The Rights of Non-Muslims under Islam: Social and Cultural Aspects”, Journal of the Institute of Muslim Minority Affairs, Vol. I, No. 1 (Summer, 1979), pp. 90-102. No ruler or government may command the citizens anything that violates the shari’ah. Wherever this happens, the government loses its right to be obeyed, and to oppose it becomes the duty of the citizens. Wherever there is departure from the shari’ah, no obedience is due.

    VI. Values Associated with Social Activity

    42) All humans are entitled to marry and raise a family; to exercise control over their children and to acculturate them into their own traditions. The family in its extended form is the basic unit constitutive of society.“It is indeed Allah’s pattern that He has created of yourselves spouses in whom to find quiescence; that He established between you the pattern of mutual love and compassion. Such are the patterns of Allah that those capable of reasoning may ponder over and consider” (Qur’an 30:21). The Prophet (SAAS) commanded Muslims to marry and procreate. Willed celibacy is condemned in Islam, as is monkery (Qur’an 57:27). Its formation, constitution, and the rights and duties of its members toward one another are all defined and girded by the shari’ah. All may choose and associate with their friends; and may assemble for any purpose without permission. All humans are entitled to have their public morals protected by the state and their moral/religious sensitivities safeguard against offence by any person or agency. All humans are entitled to the protection of their persons and properties by their neighbors, against any damage, and all have the duty to stop their neighbors’ aggression against any other’s person or property.

    43) All humans have the right to identify with the ummah whose ideology represents their personal convictions, to lead their lives in ways which they determine as most consonant with that ideology, to express that ideology in theoretical, actional or esthetic form, and to order their life and leisure as the ideology dictates. They are entitled to build and maintain such social and cultural institutions as their culture and its creative development demand.

    44) They are entitled to help and support one another if they suffer injustice, and to prevent same before its occurrence whether themselves or others. Men and women are full legal persons and equal in all matters affecting their lives.The shari’ah was first in human history to recognize woman as a legal person, fully endowed to perform all legal functions. This was the consequence of Islam’s rehabilitation of woman, its denial of the Christian myth of Eve as temptress and source of evil, as cause of original sin and of the fall of humankind, and its affirmation of equal rights and duties as belonging to her. “Allah will not lose count of a single deed whether committed by man or woman. For men and women are equally members of one another (of society)” (Qur’an 3:195).

    45) Both sexes are entitled to the names and identities given to them at birth, to equal education and full exercise of all religious, cultural, moral, social, economic, and political rights and duties under the law. In matters of support and inheritance, and in some cases of legal witness, Muslim men and women are not equal.In order to guarantee woman’s dignity and gird her person against abuse, Islam prescribed that woman is always entitled to the support of her father, guardian, husband or nearest male relative, regardless of her wealth. Islam thus exonerated all women from having to earn their livelihood and be subject to the degradation usually accompanying a woman in want. Nonetheless, woman is free to work and add to her personal income if she wishes and has the requisite talent and competence. Somewhat to balance this favourable position in the economic life of society, Islam assigned to the male heir double the share of the female. The charge commonly levelled against Islam as unfair to women usually omits from consideration men’s obligation to support all their women relatives and concentrates on the half-share in her parents’ inheritance assigned her. In fact, Islam is biased in favor of woman and seeks her protection and welfare at all times. Another charge against Islam refers to the refusal of the shari’ah court to consider woman’s witness as equal to a man’s; but this too is a misunderstanding. Being intended for the millions rather than the exception, and assuming the patriarchal family as the basic social unit, the shari’ah regarded a woman’s witness as the full equal of man’s in cases of legitimacy, descendence and family relations – the area with which most women are indeed familiar – but only half of man’s witness in cases of civil, administration, and criminal laws, with which she is usually not knowledgeable.

    VII. Values Associated with Judicial Activity

    46) All humans are equal before the law; the rulers and the ruled, the rich and the poor, the black and the white, the Muslim and non-Muslim. All humans have the right to arbitrate their disputes among themselves or have them adjudicated by the courts under the shari’ah.“If you dispute with one another on any matter, refer it to Allah and His Prophet for adjudication” (Qur’an 4:59); “O Muhammad, Adjudicate their disputes by that which Allah has revealed, and do not follow their desires” (Qur’an 4:49). See also Qur’anic quotations at end of fn. 41 supra.

    47) If they are Muslims, under their millah-law otherwise. They have the right and the duty to defend one another before a court, to give witness, to enjoin the good, to prohibit and prevent evil.The ethic deterring Muslim conduct in this regard is based firstly upon the Qur’anic verse:

    “Let there be of you an ummah which calls to the good, which enjoins the acts of righteousness, prohibits the acts of injustice and evil. Such are the felicitous” (Qur’an 3:104). Secondly Muslim commandment towards the neighbor is determined by the Prophet’s commandment: “Whoever witnesses an injustice or evil, let him redress it with his own hand. If he cannot, let him do so with his tongue. And if he cannot, with his heart; but that is the weakest faith.”

    48) The best witness is one given before it is asked for. No human may be tried in absentia or without hearing of defence. “Conjecture is no substitute for true knowledge” (Qur’an 53:28); “Do not spy on one another; nor talk evil about another in his absence” (Qur’an 49:12). The Prophet (SAAS) said: “If the evil you tell about your neighbor in his absence is true, you have committed a sin. If it is false, a double sin.” He further said: “Whoever is sued in court for a right violated must be heard.”

    49) No one may be commanded or coerced to counter the shari’ah.Supra, fn. 38.

    50) Every human is presumed innocent and treated as such until proven guilty in a court of law.“These are the sanctions of God. Never go beyond them” (Qur’an 2:229). The Prophet (SAAS) commanded: “Avoid applying the sanctions of the law wherever there is any degree of doubt.” No person may be indicted except under the shari’ah, which pluralistically includes the millah-laws; and none may be condemned or punished beyond its prescriptions.

    51) No one may be held responsible for the crime committed by another except in the case of a minor or a person under guardianship.In such cases, the responsibility of the guardian is to compensate the victim for the damage or loss of sustained. Otherwise, no one is responsible but for his/her own action. Allah (SWT) proclaimed: “Every person is responsible but for what he had wrought” (Qur’an 52:21).

    52) And no one may be tortured or put under duress to give witness or information under any circumstances.“Even a little suspicion is a crime” (Qur’an 49:12); “To harm the Believers, whether man or woman, by ascribing to them what they have not done, is to commit a grave and perfidious crime” (Qur’an 33:58). All matters flowing out of coercion, cheating or spying are null and void, and inadmissible as part of any legal process.

    VIII. Values Associated with International Activity

    53) All humans, whether Muslim or non-Muslim, citizen or non-citizen resident or non-resident of the Islamic state, individuals or groups, are entitled to enter into a covenant of peace, mutual security and friendly relation with the Islamic state. Any human may plead any case in its shari’ah courts, seek and obtain permission to reside, to work and trade in peace and security within the Islamic state.
    This is perhaps the greatest breakthrough in international relations ever achieved, namely, that any individual or group — not only sovereign nations — are entitled to enter into the international arena as full legitimate contenders, defendants or participants. They can conclude covenants or treaties and be responsible for their fulfillment. Since its inception in 622, the Islamic state opened itself to anyone or any group desiring to enter into a legitimate relation with it for any purpose, and empowered all its courts-of-law to deal with any dispute arising out of such agreements. Like any other legal person, the Islamic state regarded itself as neither too shy to invite and enter into such relations, nor too proud to plead in any first-instance court if its agreement was violated. Indeed, under the shari’ah the court-of-law is a public institution which any human may enter and use to bring about equity and justice to any person or interest under the jurisdiction of the Islamic state. Non-citizen transient residents may even challenge the action of the chief of state.

    54) In case the non-citizen, non-resident is a Muslim, the shari’ah would apply to him/her in all its provisions; in case of the non-Muslim, the laws of his/her millah will apply. In no case may such a person be treated differently from the citizens.

    55) Every human being is entitled to hear the message of Islam without exception; and it is the duty of the ummah to present it.Calling humans to God is a permanent personal duty for every Muslim man and woman. Allah ta’ala commanded (Qur’an 16:125) See next footnote. No one may prevent the message from being heard.The Islamic state has the duty to remove such obstacles or “iron curtains” by any means at its disposal.This was the cause of all the wars of conquest which took place in the first century of Muslim history. The state sent missionaries to present Islam to the ruler and the ruled. Where they were well-received — regardless of whether or not their efforts led to any conversions, the relation between their nation and the Islamic state remained good, and that national entered into the “house of peace” with its political, social, economic and religious structures intact. Where the missionaries were killed, the state was forced to mobilize and march against the offenders.

    “Those who rise to redress an injustice perpetrated against them, and achieve victory, are not blameworthy for what they do in course of their action” (Qur’an 42:41); “Felicitous are those who, when We establish their dominions on earth, uphold the salat, pay the zakat, enjoin the good deeds and prohibit the evil” (Qur’an 22:41); “Call unto the path of your Lord with wisdom and goodly counsel. Argue with them with the more comely arguments” (Qur’an 16:125); “Say: O People of the Book! Come now to a noble principle common to both of us, that we worship none but God; that we associate naught with Him; and that we take not one another as lords beside God” (Qur’an 3:64).

    56) Besides this, the preservation of freedom to hear the word of God, to consider and to judge according to one’s best conscience, no cause justifies recourse of force except in the repulsion of an actual aggressor. No group or people or nation may ridicule another or deride its faith and tradition. A fortioti, no group, people or nation may aggress upon another. Inter-group disputes may be solved only through arbitration or judicial procedure in a court of law. The Islamic state and all nations ought to support the victims of aggression and to redress the injustices committed, even if this requires the taking up of arms against the aggressor nation.“If any two factions among the believers quarrel together, reconcile them. If one transgresses the terms of peace, then fight ye all against the transgressor till he complies. When he does, reconcile them again in justice and fairness” (Qur’an 49:9).

    57) All persecuted humans (not those running away from justice) have the right to take refuge in the Islamic state. And the Islamic state is duty-bound to extend its protection to them.“And if any polytheist asks for your protection, grant it to him that he may hear the word of God. Then escort him safely to his refuge” (Qur’an 9:6).

    IX. Values Associated with Death

    58) All humans are entitled to medical care throughout life and to special care in their old age. If they have no young dependents to care for them, society is obliged to do so in a way which safeguards their mental and social health as well as their personal dignity. Humans are all entitled to free and proper burial according to their millah laws.The Prophet (SAAS) commanded: “When your neighbour dies, it is your duty to prepare his remains for burial and do so well to their Creator who will judge them according to their deeds.”

    Conclusion

    59) The human rights and obligations which Islam recognizes constitute a humanism in which man is not the measure of all the thing as Protagoras had thought. God or His will is indeed such a measure. Islam rejects the tragic Promethean view in which man defies God, steals the fire from Him, and ends like the Greek and German gods in eternal doom. It equally rejects the Christian view in which man is fallen and helpless, hopeless except for a God messiah to pull him out of his tragic predicament. But it commends Christianity and its adherent for their humility, their love and concern for humanity. It equally rejects the Hindu Upanishadic and Buddhist Theravadic view that life and existence are an aberration of the Absolute or an evil to be surmounted by withdrawal and meditative processes. Finally Islam rejects all ethnocentrist views of humanity and the world, especially that of Judaism. But it commends Judaism and its adherents for their tenacity in upholding the absolute unity and transcendence of God.

    Islam acknowledges man to be the vicegerent of God, fully endowed, free and responsible to realize his cosmic function, and thereby to deserve his eternal bliss or doom. Moreover, Islam’s humanism under God is not a mere philosophy, a system of values advocated by culture alone. Islam’s humanism under God is law known to all, backed by sanctions and the authority of the Islamic state, and promulgated equally for its citizens as well as others, whether Muslim or non-Muslim.

  • Role of the Family in the Spread of Islam

    Reading Time: 17 minutesThe family, is indeed, the best tool for Islamic Da’wah in the West. There is no institution, there is no mechanism that I know of, that can convey Islam as well as the living example of an Islamic family in the West. The Islamic family, if it is rightly Islamic, is the very ideal to which Western people today aspire. In other words, the reality of Western people today stands diametrically opposite; if they can say that they can stand at the bottom of human, social and ethical development, because of what we see happening around us in their midst, the Islamic family with its ideals, with its norms and standards, stands at the opposite highest, and therefore, there can be no better way of convincing Western man, the non-Muslim man or woman, of the value of Islam, of the greatness of Islam, than to invite them to visit a Muslim family. But then, the Muslim family must be a good one. In other words, it must be truly Islamic and it must live up to the standards expected of an Islamic family. And now as to the dialectic of this relationship.

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