Good Governance in Islam

Good Governance in Islam

Definition of good governance (United Nations)............................................................................2
Eight components of good governance......................................................................................2
1. Transparency.......................................................................................................................2
2. Rule of law...........................................................................................................................3
Equality before Law....................................................................................................................3
Non-Muslims..............................................................................................................................3
Rulers Not Above the Law..........................................................................................................3
Equality of Human Beings...........................................................................................................3
The Right to Justice.....................................................................................................................4
3. Participatory........................................................................................................................4
4. Consensus Oriented.............................................................................................................4
Hadiths (Traditions)....................................................................................................................4
Quran..........................................................................................................................................4
5. Equitable and inclusive........................................................................................................5
Inclusiveness...............................................................................................................................5
Equitable and inclusive...............................................................................................................5
7. Responsiveness....................................................................................................................6
Islamic principles for good governance..........................................................................................6
Good governance model in Islam/Quran........................................................................................6
Characteristics of Rasidhun Caliphate(Molana Moududi)..............................................................6
Caliphate as an institution (Imam Abu Yousaf)...............................................................................7
Duties of caliph...............................................................................................................................7
The Caliph.......................................................................................................................................7
Electoral Caliphate..........................................................................................................................7
Election of the caliphs.................................................................................................................7
The Shura........................................................................................................................................8
Central Government and its Departments (Rashidun, Omayyad, Abbasid)....................................8
Departments of Islamic State:....................................................................................................8
Provincial Administration...........................................................................................................9
Judiciary......................................................................................................................................9
 Police..........................................................................................................................................9
Revenue Administration.............................................................................................................9
Difference between Caliphate and Dictatorship.............................................................................9
Speeches of the caliphs................................................................................................................10
Inaugural Speech of Hazrat Abu Bakr.......................................................................................10
Islamic Humanitarian Law.............................................................................................................10
Letters of Hazrat Umar.................................................................................................................10
Hazrat Umar (RA) addressed his order to Abu Ubaida as follows:................................................11
The Treaty of Umar (may Allah be pleased with him)...................................................................11

Definition of good governance (United Nations)

The concept of "governance" is not new. It is as old as human civilization. Simply put
"governance" means: the process of decision-making and the process by which decisions are
implemented (or not implemented).

Eight components of good governance

1. Rule of Law* Fair, impartial, full protection.
2. Transparency* rules should be clear; access.
3. Responsiveness* respond to timely manner. ...
4. Consensus Oriented
5. Equity and Inclusiveness
6. Effectiveness and Efficiency
7. Accountability
8. Participation

1. Transparency
Believers! Whenever you contract a debt from one another  for a known term, commit it to
writing. Let a scribe write it down between you justly, and the scribe may not refuse to write it down
according to what Allah has taught him; so let him write, and let the debtor dictate; and let him fear
Allah, his Lord, and curtail no part of it. If the debtor be feebleminded, weak, or incapable of
dictating, let his guardian dictate equitably, and call upon two of your men as witnesses; but if two
men are not there, then let there be one man and two women as witnesses from among those
acceptable to you  so that if one of the two women should fail to remember, the other might remind
her. Let not the witnesses refuse when they are summoned (to give evidence). Do not show
slackness in writing down the transaction, whether small or large, along with the term of its
payment. That is fairest in the sight of Allah; it is best for testimony and is more likely to exclude all
doubts. If it be a matter of buying and selling on the spot, it is not blameworthy if you do not write it
down; but do take witnesses when you settle commercial transactions with one another. And the
scribe or the witness may be done no harm.  It will be sinful if you do so. Beware of the wrath of
Allah. He teaches you the Right Way and has full knowledge of everything. (2:282)
 And if you are on a journey and do not find a scribe to write the document then resort to
taking pledges in hand. (2:283)

• Right to Information Section 19A of CoP, 1973

• CPEC
• Transparency International

2. Rule of law
Equality before Law

ۡ‫صلِح ُۡوا بَ ۡي َن اَ َخ َو ۡي ُكمۡ‌ َواتَّقُ ۡوا هّٰللا َ لَ َعلَّ ُكم‬

ۡ َ ‫اِنَّ َما ۡال ُم ۡؤ ِمنُ ۡو َن اِ ۡخ َوةٌ فَا‬
﴾۱۰﴿ ‫تُ ۡر َح ُم ۡو َن‬
"The believers are brothers (to each other)" (49:10).

"If they (disbelievers) repent and keep up prayer and pay the poor-due, they are your
brothers in faith" (9:11).

"The life and blood of Muslims are equally precious" (Abu Dawud; Ibn Majjah).

In another hadith he has said: "The protection given by all Muslims is equal. Even an
ordinary man of them can grant protection to any man" (al-Bukhari; Muslim; Abu Dawud).

Non-Muslims
Caliph 'Ali in these words: "They have accepted our protection only because their lives may
be like our lives and their properties like our properties" (Abu Dawud)

Crime of Pharaoh in: "He had divided his people into different classes," ... "And he
suppressed one group of them (at the cost of others)" (28:4)

Rulers Not Above the Law

• Holy Prophet (PBUH) at battle of Badr
• Lady of quraish with the charge of theft
• Hazrat Umar and distribution of stat resources

Equality of Human Beings

‫ َل‬Vِ‫ٰۤياَيُّهَا النَّاسُ اِنَّا َخلَ ۡق ٰن ُكمۡ ِّم ۡن َذ َك ٍر َّواُ ۡن ٰثى َو َج َع ۡل ٰن ُكمۡ ُشع ُۡوبًا َّوقَبَٓا ِٕٕٮ‬
﴾۱۳﴿ ‫لِتَ َعا َرفُ ۡوا‌ؕ اِ َّن اَ ۡك َر َم ُكمۡ ِع ۡن َد هّٰللا ِ اَ ۡت ٰقٮ ُكمۡ‌ؕ اِ َّن هّٰللا َ َعلِ ۡي ٌم َخبِ ۡي ٌر‬
"And we set you up as nations and tribes so that you may be able to recognize each other"

"Indeed, the noblest among you before God are the most heedful of you" (49:13).
 Prophet in one of his sayings thus: "No Arab has any superiority over a non-Arab, nor does a
non-Arab have any superiority over an Arab. Nor does a white man have any superiority over a black
man, or the black man any superiority over the white man. You are all the children of Adam, and
Adam was created from clay" (al-Bayhaqi and al-Bazzaz).

The Right to Justice

"Do not let your hatred of a people incite you to aggression" (5:2)

"And do not let ill-will towards any folk incite you so that you swerve from dealing justly. Be
just; that is nearest to heedfulness" (5:8).

Quran again says: "You who believe stand steadfast before God as witness for (truth and)
fairplay" (4:135).

3. Participatory
﴾۳۸﴿ ۡ‫ َواَمۡ ُرهُمۡ ُش ۡو ٰرى بَ ۡينَهُم‬
And whose affair is [determined by] consultation among themselves

﴾۱۵۹﴿‫او ۡرهُمۡ فِ ۡى ااۡل َمۡ ِۚ‌ر‬

ِ ‫َو َش‬
And consult them in the matter.

4. Consensus Oriented
Hadiths (Traditions)
My followers will never agree upon what is wrong

It is incumbent upon you to follow the most numerous body

The hand of the God is with the group

Whoever separates himself (form the main body) will go astray

Quran
And We sent not before you except men to whom We revealed [Our message]. So ask the
people of the message if you do not know. (16:43)

And consult with them, upon the conduct of the affairs and when those are resolved, then
put the trust in Allah

And whole fast all of you the cable of God (deen) and do not separate
 Those who turn away from the right path and do not follow the way of believers are infidels

5. Equitable and inclusive

Equity

This means that the principle of equality contained in the individual communities are equal
in rights, responsibilities and public duties that will be enjoyed by all without discrimination of race,
origin, or belief.

O mankind, your Lord is one and your father is one. You all descended from Aadam, and
Aadam was created from earth. He is most honored among you in the sight of God who is most
upright. No Arab is superior to a non-Arab, no colored person to a white person, or a white person to
a colored person except by Taqwa (piety) (At-Tirmithi).

‫ َل‬Vِ‫ٰۤياَيُّهَا النَّاسُ اِنَّا َخلَ ۡق ٰن ُكمۡ ِّم ۡن َذ َك ٍر َّواُ ۡن ٰثى َو َج َع ۡل ٰن ُكمۡ ُشع ُۡوبًا َّوقَبَٓا ِٕٕٮ‬
﴾۱۳﴿ ‫لِتَ َعا َرفُ ۡوا‌ؕ اِ َّن اَ ۡك َر َم ُكمۡ ِع ۡن َد هّٰللا ِ اَ ۡت ٰقٮ ُكمۡ‌ؕ اِ َّن هّٰللا َ َعلِ ۡي ٌم َخبِ ۡي ٌر‬
"And we set you up as nations and tribes so that you may be able to recognize each other"

"Indeed, the noblest among you before God are the most heedful of you" (49:13).

Inclusiveness
(Same references as in Consultation’s heading)

• Institution of Public Exchequer (Bait ul Mal)

• Quota system
• NFC award

Equitable and inclusive

(1) All men are created by One and the Same Eternal God, the Supreme Lord of all.
(2) All mankind belong to the human race and share equally in the common parentage of
Aadam (Adam) and Eve (Hawa).
(3) Allah is Just and Kind to all His creatures. He is not partial to any race, age or religion.
The whole Universe is His Dominion and all people are His creatures.
(4) All people are born equal, in the sense that no one brings any possession with him; and
they die equal in the sense that they take back nothing of their worldly belongings.
(5) Allah judges every person on the basis of his own merits and according to his own
deeds.
(6) Allah has discussed on man, a title of honor and dignity.

7. Responsiveness
Good governance requires that institutions and processes try to serve all stakeholders
within a reasonable timeframe. (Look for the responsibilities of the civil servants)
 All of you are guardians and are responsible for your wards. The ruler is a guardian and the
man is a guardian of his family; the lady is guardian and responsible for her husband’s house and his
offspring; and so all of you are guardians and responsible for your wards.

Islamic principles for good governance

• Rules of Law (As-Shura)
• Khilafah
• Islam as a Welfare State
• Appointment of State Officials
• Al-amr bil maruf wa nahi an al-munkar

Good governance model in Islam/Quran

1. Good Governance Model of Hazrat Zulqarnain RA (defensive policy against Yajooj
Majooj, Rule of one man)
2. Good Governance Model of Hazrat Mosa AS (emancipation of the nation from
slavery, two nation theory, Delegating Authority aron/harron A.S., freedom of
expression koh e toor incident)
3. Good Governance Model of Taloot AS (he liberated Bani Israel from the Poor
Governance and oppression of Jaloot. )
4. Good Governance Model of Dawood AS (This example in the Holy Quran signifies
that the leader of an Islamic state needs to be effective in decision making and
impartial in providing justice,)
5. Good Governance Model of Hazrat Salaman AS (“And remember Dawood and
Suleman, when they gave judgement in the matter of the field into which the sheep
of certain people had strayed by night: we did witness their judgement. To Solomon
we inspired the right understanding of the matter: to each of them we gave
judgement and knowledge. (Quran: 21/78-79)) Construction of Jewish Temple
6. Good Governance Model of Hazrat Joseph AS (Social security was ensured,
Economic crisis averted by good governance and planning)

Governance under pious Caliphs

Characteristics of Rasidhun Caliphate(Molana Moududi)
1. Electoral caliphate
2. Shurawi Governance
3. Bayt ul Mal (Public Treasury) a matter of trust
4. Responsible Governance
5. Supremacy of sharia
6. A government free from ethnicities and prejudices
7. Nourishing freedom as value

Caliphate as an institution (Imam Abu Yousaf)

1. Concept of government
 2. Spirit of democracy
3. Duties of caliph
4. Bait ul mal
5. Rules of taxation
6. Land reforms
7. End of cruelty
8. Personal freedom
9. Judiciary
10. Jail reforms

Duties of caliph
1. Rule of Allah
2. Rights given to the people
3. Way of rightly guided caliphs
4. Amar bil maroof wa nahe anil munkir
5. Listen to the complaints of public and give relief
6. Equality before law

The Caliph
• Supreme head of the state
• Election of the caliphs
o Accidental Nature of Caliphate of hazrat Abu Bakr
o The nominative nature of the elctin of hazrat Omer Farooq
o The Parliamentary/ Shura Nature of the election of hazrat Usman
o The general Bait and the seeds of dissention of Hazrat Ali bin Abi
Talib’s Election
• Powers and Authoriy: determined by religious and temporal functions
• Religious Functions:
• Other Duties; collection of revenues, construction of canals, issuing new
coins
• Chief Justice of Early Islam
• Commander in Chief of the Armed Forces of Islam

Electoral Caliphate
Election of the caliphs
 Accidental Nature of Caliphate of hazrat Abu Bakr
 The nominative nature of the elctin of hazrat Omer Farooq
 The Parliamentary/ Shura Nature of the election of hazrat Usman
 The general Bait and the seeds of dissention of Hazrat Ali bin Abi Talib’s Election

“Imara comes into being when it is the outcome of mutal consulation, and kingship is
obtained by force” Abu Musa Al Ashari

“There is no caliphate without consultation.” Hazart Umar

 “Any person who gives his pledge to another person without the Muslims' consent, he as
well as the nominee, who receives his pledge will qualify himself for execution.” Hazart Umar

“Giving oath in secret to me will be incorrect. This should have the people’s assent.” Hazart
Ali

The Shura
Composition: Consultative body; it combined executive and legislative functions

Functions: Consult them in affairs (of moment). (3:159)

Ad hoc nature: “Who obey their Lord, attend to their prayers and conduct their affairs with
mutual consultation”. (42:38)

Central Government and its Departments (Rashidun, Omayyad, Abbasid)

Departments of Islamic State:
1. Diwan-ul-Kharaj (the Board of Revenue)

The Central Board of Revenue administered the entire finances of the empire. It also
imposed and collected taxes and disbursed revenue.

2. Diwan-ul-Jund (the Military Board)

Diwan of Omer; Hisham (Ommyed Ruler) reformed it and paid only to those who
participated in battle.

3. Diwan-ul-Khatm (the Board of Signet)

A kind of state chancellery, was instituted by Mu'awiyah. It used to make and preserve a
copy of each official document before sealing and despatching the original to its destination. Thus in
the course of time a state archive developed in Damascus by the Umayyads under Abd al-Malik. This
department survived till the middle of the Abbasid period.

4. Diwan-ul-Mustaghallast
5. Diwan-ul-Barid (the Board of Posts)
6. Diwan-ul-Rasail (the Board of Correspondence)

A regular Board of Correspondence was established under the Umayyads. It issued state
missives and circulars to the Central and Provincial Officers. It coordinated the work of all Boards
and dealt with all correspondence as the chief secretariat.

7. Diwan-ul-Hisbah

Central Government and its Departments (Rashidun, Omayyad, Abbasid)

Secretaries/Ministers

Provincial Administration
1. ‘Wali’ Title of provincial governor
 2. Officers beside governors were; The Treasury Officer (Sahib-i-BAitul-Mal); The
Revenue Collector (Sahib-e-Kharaj); the chief police officer (Sahib-ahadath); The
Judge (Al-Qazi)
3. District Administration; officer called Amir

Judiciary
 Equlaity before law
 Independence of judiciary
 Qazi completely free of executive administration

You who believe! show integrity for the sake of Allah, bearing witness with justice. Do not let
hatred for a people incite you into not being just. Be just. That is closer to taqwa. Fear [and respect]
Allah. Allah is aware of what you do. (Surat al-Maida, 8)

Police
Hazrat Umar R.A set up prisons

ii. Verily, Allah enjoins justice, and the doing of good to others; and giving like kindred; and
forbids indecency and manifest evil and transgression. (Ch.16:V.91)

Revenue Administration
Sources of revenue; Jizya, Zakat, Khiraj, Ushr, Booty, Tax on non-Muslim merchants as they
did not pay Zakat

Bait-ul-mal: Public Ex chequer:

As far as public money is concerned, I do not consider anything right except for three
matter: take it with genuine reason, give it justifiably to others, and safeguard it against
misuse (Hazrat Umar)

Hazrat Ali left 700 darhams as his legacy

Difference between Caliphate and Dictatorship

 Change in selection procedure of caliph
 Change in lifestyles of the caliph
 Status of the bait ul mal changed
 Elimination of freedom of speech
 Elimination from rule of law
 Elimination of parliamentary form of government
 Emergence of tribal conflicts
 End of superiority of law

Speeches of the Caliphs

Inaugural Speech of Hazrat Abu Bakr
“O people, I have been appointed over you, though I am not the best among you. If I do
well, then help me; and if I act wrongly, then correct me. Truthfulness is synonymous with fulfilling
the trust, and lying is equivalent to treachery. The weak among you is deemed strong by me, until I
return to them that which is rightfully theirs, insha Allah. And the strong among you is deemed weak
by me, until I take from them what is rightfully (someone else’s), insha Allah. No group of people
abandons military/armed struggle in the path of Allah, except that Allah makes them suffer
humiliation. And evil / mischief does not become widespread among a people, except that Allah
inflicts them with widespread calamity. Obey me so long as I obey Allah and His Messenger. And if I
disobey Allah and His Messenger, then I have no right to your obedience. Stand up now to pray, may
Allah have mercy on you” [Al-Bidaayah wan-Nihaayah (6/305,306)]

1. The right of citizens to scrutinize their leader & to hold him accountable
2. Truthfulness should be the basis of all dealings between a leader and his people
3. Establishing the principles of Justice and Equality
4. Virtue of military expeditions / armed resistance
5. War against wickedness and shameful acts
6. Sources of legislation & a declaration that the leader is not above the law

Islamic Humanitarian Law

Hazrat Abu Bakr al-Siddiq

In a famous decree, Abu Bakr al-Siddiq, the first Caliph, told his military commander:

“Stop, O people, that I may give you ten rules for guidance on the battlefield. Do not
commit treachery or deviate from the right path.

You must not mutilate dead bodies;

Do not kill a woman, a child, or an aged man;

Do not cut down fruitful trees; do not destroy inhabited areas;

Do not slaughter any of the enemies’ sheep, cow or camel except for food; do not burn date
palms, nor inundate them;

Do not embezzle (e.g. no misappropriation of booty or spoils of war) nor be guilty of

cowardliness…You are likely to pass by people who have devoted their lives to monastic services;
leave them alone."

Letters of Hazrat Umar

On the appointment of a governor he would instruct him:

You must not ride on horseback, nor eat white bread, nor wear fine clothes, nor set up a
door between you and people

I have not appointed you over the people of Muhammad that you may drag them by the
hair and beat them, but in order that you may lead them in prayer, and judge between them with
justice, and distribute the public money among them with equity. I have not you made them their
master. Do no flog the Arabs lest you humiliate them and do not keep them on long Foreign Service
lest you tempt them to sedition and do not neglect them lest you render them desperate
 Hazrat Umar (RA) addressed his order to Abu Ubaida as
follows:
“I urge upon you the fear of Allah Who lives eternally while everything else perishes, Who
has guided us away from wrong doing and taken us out of darkness into light. I appoint you
Commander of the army instead of Khalid bin Waleed. So take charge from him as is your duty.

“Send not the Muslims to their destruction for the sake of plunder; and place not the
Muslims in a camp without reconnoitring it and knowing what is there.

“Send not expeditions except in properly organized units. And beware of taking any steps
which may lead to the annihilation of the Muslims.

Allah has tried me with you, and tried you with me. Guard against the temptations of this
world lest they destroy you as they have destroyed others before you; and you have seen how they
fell.”

The Treaty of Umar (may Allah be pleased with him)

“In the name of God, the Merciful, the Compassionate. This is the assurance of safety which
the servant of God, Umar, the Commander of the Faithful, has given to the people of Jerusalem. He
has given them an assurance of safety for themselves for their property, their churches, their
crosses, the sick and healthy of the city and for all the rituals which belong to their religion. Their
churches will not be inhabited by Muslims and will not be destroyed. Neither they, nor the land on
which they stand, nor their cross, nor their property will be damaged. They will not be forcibly
converted. No Jew will live with them in Jerusalem.

The people of Jerusalem must pay the taxes like the people of other cities and must expel
the Byzantines and the robbers. Those of the people of Jerusalem who want to leave with the
Byzantines, take their property and abandon their churches and crosses will be safe until they reach
their place of refuge. The villagers may remain in the city if they wish but must pay taxes like the
citizens. Those who wish may go with the Byzantines and those who wish may return to their
families. Nothing is to be taken from them before their harvest is reaped.

If they pay their taxes according to their obligations, then the conditions laid out in this
letter are under the covenant of God, are the responsibility of His Prophet, of the caliphs and of the
faithful.

Letter of Ali R.A to Malik al-Ashtar, Governor of Egypt

Principles of Just Governance in Islam

Be it known to you, O, Malik, that I am sending you as Governor to a country which in the
past has experienced both just and unjust rule. Men will scrutinise your actions with a searching eye,
even as you used to scrutinise the actions of those before you, and speak of you even as you did
speak of them. The fact is that the public speak well of only those who do good. It is they who
furnish the proof of your actions. Hence the richest treasure that you may covet would be the
treasure of good deeds. Keep your desires under control and deny yourself that which you have
been prohibited from, for, by such abstinence alone, you will be able to distinguish between what is
good to them and what is not.

Develop in your heart the feeling of love for your people and let it be the source of
kindliness and blessing to them. Do not behave with them like a barbarian, and do not appropriate
to yourself that which belongs to them. Remember that the citizens of the state are of two
categories. They are either your brethren in religion or your brethren in kind. Forgive them even as
you would like God to forgive you.

Do not say: “I am your overlord and dictator, and that you should, therefore, bow to my
commands”, as that will corrupt your heart, weaken your faith in religion and create disorder in the
state.

Let your mind respect through your actions the rights of God and the rights of man, and
likewise, persuade your companions and relations to do likewise. For, otherwise, you will be doing
injustice to yourself and injustice to humanity.

Maintain justice in administration and impose it on your own self and seek the consent of
the people, for, the discontent of the masses sterilises the contentment of the privileged few and
the discontent of the few loses itself in the contentment of the many. Remember the privileged few
will not rally round you in moments of difficulty: they will try to side-track justice, they will ask for
more than what they deserve and will show no gratitude for favours done to them.

Never take counsel of a miser, for he will vitiate your magnanimity and frighten you of
poverty. Keep close to you the upright, and the God fearing.