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1. Examine influence of Plato on AI-Farabi.

Alfarabi was the first philosopher to attempt to unite political philosophy with Islam. Alfarabi is
important because he was able to recover the classical political tradition of Aristotle and Plato
and place it within the context of Islamic religious principles. Prior to Alfarabi, much of the
Islamic world looked upon the works of philosophical thinkers as futile because of their
inability to relate these ancient works to the most fundamental Islamic principles. Moreover, the
Umayyad and Abassid emphasis on the religious connection with the ruler added to the
distasteful response towards philosophical thinkers who traditionally, did not make that
connection. However, Alfarabi became the first respected philosopher because of his ability to
draw on the philosophical ideas of his predecessors and connect them to the important Muslim
religious doctrine. He drew on Plato’s philosophy of how to set up a political community and
placed it within an Islamic context.

Plato believes that the citizen does not have an active role in politics. Alfarabi’s distinction
amongst classes is taken directly from Plato’s concept of three separate classes: the gold, the
silver, and the bronze. The rulers, or gold class, have supreme knowledge and are the only type
of individual suited for governance: “The man in whom these conditions are fulfilled is worthy
of the office of chief ruler, since he is better than anyone else”. The rulers are born to rule and
are given that ability by the divine. This means that no other citizen can achieve this level
because he is naturally less well-off. Similarly in Alfarabi’s Perfect State, he sets out the rank
and order of each of the classes. However despite the fact that the citizens strive to mirror the
actions of their superiors, they are confined to their natural rank with little or no opportunity
for advancement. Alfarabi’s words clearly imply that although each citizen should strive to
imitate those above them, they are restricted to their natural class with no opportunity for
advancement to another class.

Both Alfarabi’s On The Perfect State and Plato’s The Republic begin with a God as the ultimate
cause of legislation and claim that the citizen must understand the essential beliefs of the divine
in order to be able to contribute to a good political regime. In both, the rulers must attempt to
make accessible to the citizens, the fundamental truths about the divine. Also, both claim that
its citizens must be conducive to virtuous action in their journey to attain ultimate happiness.
Alfarabi sets up a strict sense of order within his ideal state and the preservation of order as
well just like his predecessor, Plato.

2. Describe the importance of AL- Farabis theory of "Modina-Tul-Fazila"


with reference to the ideal state.
It is said that he was influenced by the Greek philosophers namely : Plato and Aristotle. So his
theory is a blend of Plato's idealism and Aristotlic realism. He is often called as Muslim Plato.

Theory :

According to farabi “Madina-tul-Fazila” is to be established on the principles of Greek city


state. Who’s features he defined as following.
Features:

1. It will be a city state.


2. It will have limited territories.
3. It will have limited population.
4. State is a means and not an end.
5. Raes-ul-Awwal as the head of Muslim state.

He explains 12 different attributes of Raes-ul-Awwal :

1. Perfect physical organs.


2. Good retaintive memory.
3. He must have the greater understanding.
4. Must have the ability to visualize what is being said.
5. Love of learning.
6. Good communication with least argument.
7. He must avoid playfulness.
8. He must avoid excessive drinking alchohol and gambling or any other social bads.
9. Must be brave and courageous.
10. Must have lot for truth and hatred for lying.
11. Must not be tyrant and brutal.
12. Must have sufficient wealth.

What if nobody has above qualities ?

If nobody has all these qualities than somebody who has 5–6 above qualities shall be choosen.

If nobody even has 5–6 qualities then?

Even if this is not possible, then lastly, somebody who has been brought up by a man who has
these 12 qualities can be choosen.

Who will choose that person ?

A shura/council consisting of 3–4 people's having aggregate of these 12 qualities can select Raes-


ul-Awwal

Basic functions of Raes-ul-Awwal:

To supervise the working of his sub-ordinates to achieve the happiness of the people.

Classification of states by Al-Farabi

1. The ideal state : It is a state in which the government and it's institutions govern to
provide happiness.
2. Ignorant state: Its a state in which government and it's institutions ignore true
happiness or the goods of it's citizens.
3. Immoral state : Its a state in which government and it's institutions are aware of the
true happiness of it's citizens but they don't work for it.
4. Erring state: Its a state in which the government and it's institutions work against the
happiness of the people.

3. According to Islam all humans are equal. Do you agree? Explain.


Or
9. Islam as an ideology is the most important factor to keep Muslims
united. Discuss.
Yes, it is agreed that all humans are equal. The message of Islam is for the entire human race.
According to Islam, Allah (SWT) is the Creator of the entire world and the Prophet Muhammad
(SAW) is the Messenger of Allah Almighty for the whole mankind. Islam unites the entire
human race under one banner without any kind of discrimination. Islam does not distinguish
between human beings according to their races, gender, color, or their beliefs. Islam looks at
everyone as equal to each other, because at the end we are all the same in front of Allah
Almighty. Humans are all made of mud, all mankind is the lineage of Adam and Adam was
formed out of clay. Islam even does not distinguish between man and woman; all are equal in
front of Allah.

According to Quran, everyone is equal in front of Allah, what really matters and differ humans
from each other is their own actions in life and what they did during their living period on
earth. The Quran urges without commanding, kindness to the slave and recommends their
liberation by purchase or mannerism this is equality in Islam. In the eyes of Allah, all are equal,
except for when it comes to piousness and righteousness. Those who have these two qualities
have a better standing in the court of Allah, other than that they are all the same. Therefore,
thinking that Islam has something to do with racial, cultural or social discrimination is a false
pretense.

There is a Hadith on equality as Prophet Muhammad (SAW) said: “O mankind, your Lord is
One and your father is one. You all descended from Aadam, and Aadam was created from the
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-Tirmidhi)

The color of the skin or the sectarian background of a person is not something that makes a
person inferior of superior, rather it is the level of piety and righteousness of a person that gives
one a higher standing. Thus, if all the humanity at present would forget the hatred produced on
the basis of racial discrimination then the world could surely become a peaceful place with a
bright future that’s why Islam teaches us the to spread the message of equality.

4. Note on Asharites

In the later part of the ninth century, Abul Hasan Ash‟ari (d.936 C.E.) came to dominate the
intellectual scene. He started his career as a Mu‟tazilite, but later recanted from the Mu‟tazila
belief, and propounded theories intended to seek a compromise between the orthodoxy and
Mu‟tazilism. He agreed with the orthodox that the Holy Qur‟ān is eternal and not created. He
modified the doctrine of the Mu‟taz il a‟s regarding the supremacy of reason. He held that the
knowledge of Allah could not be attained through reason alone. He did not agree with the
orthodox that reason and faith both should be pressed into service in explaining and
understanding the dogmas of Islam. Ash‟ari was a prolific writer and he wrote a number of
books explaining his viewpoint.

Asharites believe that everything God does is good. What the commands is good and what He
condemns is evil. This system of values is learnt from the revelations. God cannot be limited by
human mind as intellect is created by Allah himself. God can conflict evil without compensation
as He does what He wants to. They believe one must despise the evil but do not support it. This
world is a test and one needs to do as Allah wants and as he commanded in the revelations. In
addition to this Asharites believe on the concept of bila kaf unlike the mutazilliat that looks at
Quran through rationality. This gives an important understanding of Kalam. This principle is
adopted by the asharities they wanted to relate all the attributes to God unlike mutazallites.
They believed that when God is being discussed one should not question how and the logic
behind it but therefore just accept it. As God is someone who cannot be understood by humans.
He is something completely different from human conceptualization and ultimately beyond
human comprehension.

Both mutazallites and Asharites had powerful advocates. The mutazallites boasted al-Kindi, al-
Firabi, ibn Sina and ibn Rushd among their ranks. In the Asharites, al-Razi, al-Ghazali and ibn
Khaldun stand out prominently. The debate between the Mutazilites and the Asharites spreads
over several centuries reaching a climax with the publication of al-Ghazali’s “The Incoherence
of the Philosophers”, a remarkably articulate defence of the Asharite position, and ibn Rushd’s
“The Incoherence of the Incoherence”, an equally remarkable defence of the mutazallites
philosophy. But in the end, Asharites had an edge over the mutazallites.

5. Critically examine Ghazali as a Political Thinker.


Al-Ghazali’s life was not simple. A perfectly educated man of his era, he took an active part
in the political, religious and spiritual life of the Caliphate. Just like many gifted Muslim
minds, he was incredibly versatile, being an original yet in many ways controversial person. .
An analysis of his works on socio-philosophical and political issues shows that he allowed
himself moderate freedom of thought yet within the framework of the Sunni tradition. Al-
Ghazali faced the problem of the need to strengthen a single Muslim state, which was possible
only through increased political centralization.

As a solid politician who took an active part in the public affairs during the reign of Nizam al-
Mulk, al-Ghazali, apparently, didn’t put much hope for the revival of the caliph’s power and
was sure that the future of a Muslim state is connected with the Sultanate. So it was necessary to
take a fresh look at the political-religious problem of authority and power. History proved the
ineffectiveness of the traditional Sunni dogma of combining authority and power in one
person. Al-Ghazali found yet another aspect of authority and power relation, which became the
cornerstone of his political theory: “religion and power are twins”. He somewhat differently
than his predecessors scrutinized the conceptual nature of a Muslim state. He was no longer
considering the unity of religion and secularism but spoke of the alliance of religion and
secularism with the concept of a “unitary Muslim state” acquiring a broader meaning.

For al-Ghazali politics was a necessary component of religion and morality. It was thought to
be as an art of behavior in accordance with the specific circumstances of an individual’s life,
who should measure own actions with the existing state order. Just as science, politics stood on
“theology”. In many ways his political theory diverges from his predecessors’ doctrines,
however, this divergence is carefully hidden behind the generally accepted terms of the Sunni
theology.

al-Ghazali is more realistic when assessing the role of caliph in strengthening the Islamic state,
bringing up a concern of the relation of the Caliphate and the Sultanate. Carefully analyzing
the foundations of the Islamic political doctrine and the historical practices of the Caliphate, he
came to the idea of the need for an alliance between an imam and a sultan. Considering the
relationship between religion and state, spiritual and secular, he asserted their continuity and
interdependence. The ummah, uniting people on the basis of faith, aims to achieve happiness
in the otherworld. Given that God is the only sovereign a person is obliged to strictly follow
sharia. Politics, kalām, fiqh, and ethics as inextricably interconnected sciences indicate and
determine the ways to achieve happiness. In the end, “political reforms are moral reforms: one
who wants to improve the lives of the others must start with himself.

6. Discuss the AL- Ghazali's theory of Khilafat. Or Short note on Al-


Ghazali
Abu Hamid Muhammad bin Muhammad bin Muhammad bin Ahmad al-Ghazali was born near
Tus in Iran in 1058, where he received his education in Islamic sciences. In 1091, he was
appointed as professor at the newly-founded Nizarnmiyah College at Baghdad by Nizam-ul
Mulk, the Grand Vizier of the Seljuq Sultan, Malik Shah. After four years, al-Ghazali left his job,
because he was assailed by doubt about rationalism, the basis of Greek philosophy, which was
then widespread among Muslim philosophers. He then devoted himself to spiritual thought
and mystical (sufi) exercises. He died in 1111 A.D. He wrote a number of books that depicted
his political ideas.

His Times:

No account of al-Ghazali’s political theory would be complete without keeping in view the
conditions of the Muslim World in his times. Several factors were at work in the Islamic World.
Firstly, the Abbasid Caliphate was in a state of utter decline. A century earlier, in the days of al-
Mawardi, it was still a force. But it had lost all political influence in al-Ghazali’s time. However,
there was one difference. While in al-Mawardi’s days, the Abbasid Caliphs were mere puppets
in the hands of the Shi’ite Buwayhids, their new masters, the Seljuq Sultans, who were Sunnis,
showed ’great respect towards them. Nevertheless, the Caliphate was now only a religio-
spiritual office, without any political influence. Secondly, the Seljuq Sultans were the real rulers
of the eastern regions of the Islamic World. Recognizing their supremacy, al-Ghazali declared
sultanate ^or the sovereign power of the sultan or king as the protector and defender of the
Caliphate, an institution which he considered essential for the unity of the Islamic World.
Thirdly, the challenge of the Shia rulers of Egypt, the Fatimids, was still a threat to the Abbasid
Caliphate. Lastly, a new danger had appeared in the very heartland of Islam i.e., in Palestine
and Syria. It was the incursion of the West European Crusaders or the Christian warriors of the
Cross. They had established the Kingdom of Jerusalem and threatened to advance on to other
Muslim lands. It was in such perilous conditions that al-Ghazali expounded his theory of
caliphate as the defender and champion of the unity of their Islamic World.

His Method;
In his political thought, al-Ghazali sought inspiration from both Islamic and nonIslamic sources,
such as those of ancient Persia. For instance, in one of his books (Nasihat), he made impartial
use of examples attributed to Arab caliphs and Sasanid kings, to Sufi saints and ancient Persian
sages; they (Muslim writers like al-Mawardi and those who came after him) Islamize
Zoroastrian maxims such as ”religion and empire are bothers”; and they assume rightly or
wrongly a substantial identity and continuity between Sasanian and Islamic state institutions”.
This is one reason why we find frequent reference to the Greek, Persian and Indian stories in his
writings, far more than we find in al-Mawardi’s writings. Thus while admonishing the Seljuq
Sultan, he said that “he should hear the sayings of the kings, ponder over their doings, study
their stories as related in books and try to copy their acts of justice and benevolence.”

His Theory of Caliphate:

According to al-Ghazali, the Khilafat is a divine state which “is required not by reason but by
the Shariah or divine law.” He thus denied the philosophers the right to examine the nature of
the Caliphate. He further says that politics exists for ”man’s welfare in this world and bliss in
the next, attainable only if government is rooted in the legal science and completed by the
political science (ulwn Shaiiyo and iilum siyasiya)”.

While the practical affairs of the state are to be left to the sultan or amir or the ruler, the imam or
khalifa should devote himself to religious and spiritual functions, for he is the ”shadow of
Allah” on earth. He should, therefore, be modest, simple and just, for he is a fountain of justice.
Al-Ghazali writes that Shafiq al-Batkhi, a learned ascetic, once said to Harun ar-Rashid, the
great Abbasid Caliph: ”you are a fountain and the other officials, who help you to govern the
world, are the streams which flow from it. If the fountain is clear, there can be no damage from
silt in the channels; if the fountain is turbid, there will be no hope (of maintaining) the channels.
Al-Ghazali adds ”This and a number of other anecdotes from the history of Hjjaj bin Yusuf,
Harun ar-Rashid, Mutahid Billah and other rulers are given to indicate the respect of the
sovereigns for those who excelled in learning and the sciences, and equality between the ruler
and the ruled which was the ideal set up in those days (of early Islam)”.

Al-Ghazali enjoins on the khalifa (imam) that he should confine himself to religious duties in
the strict sense and to concentrate on the study of the Shariah and practise the religious virtues
of piety, humility, charity and campassion, for he was the khalifat Allah. By the way, in this
respect, it was an innovation on the part of al-Ghazali, for the Khulafa-e-Rashideen never
claimed themselves to be khalifat Allah; instead they claimed to be Khalifat ur-Rasul Allah.
Anyhow, al- Ghazali says that the khilafat (caliphate) is necessary because it protects the
Muslim World from internal and external dangers. In fact, ”the good order of religion is
possible only through the good order of the world”, which, in its turn^ is dependent on an
”imam who is obeyed”. And by imam he meant the sultan, as he said a few lines later. Quoting
a Hadith of the Holy Prophet (p.b.u.h), he said further that ”din is the foundation and the sultan
is the guardian.”

Duties of the Imam or Khialifa;

Al-Ghazali has enumerated ten duties of the imam or khalifa. They are as follows:

1. He must have the ability to wage jihad or holy war.


2. He should discharge the duties of government and administration, called kifayo in fiqh or
Islamic jurisprudence, even though indirectly, through the experts and a conscientious vizier.

3. He should have knowledge or ilm for purposes of ijtihad. In this respect, al- Ghazali advises
the imam to consult the ulema or religious experts.

4. He must be pious. Indeed, piety is an important duty, for although a caliph might not have
political power, he must be a religious leader and preceptor of the people.

5. He must do justice (adala), which is, indeed, the highest form of ibada or worship.
Knowledge and application of shanah are the caliph’s sure guides in his august office.
Knowledge and ibada guarantee the good order of religion (nizam al-din)

6. He must study the shanah.

7. He should practise the religious virtues of piety, humility, charity , and compassion as the
Khilafat Allah.

8. He should meet men of calibre and encourage them to speak about the affairs of the state.

9. He should see that his servants, magistrates and other officers perform their duties diligently;
and

10. He should not give himself up to the deceptive feelings of pride.

7. What is “Globalization''? Examine the impacts of globalization on


Muslims.
The term globalization refers to the increasing interconnectedness of nations and peoples
around the world through trade, investment, travel, popular culture, and other forms of
interaction. Many historians have identified globalization as a 20th-century phenomenon
connected to the rise of the Western-dominated international economy. However, extensive
interaction between widespread peoples, as well as travel over vast distances across regions of
the world, has existed for many centuries.

Muslims were victims of the colonial process in almost every sense. It's not just the loss of
control over administration, politics, the economy... These are the more obvious aspects of
colonialization. What is not that obvious -- but is certainly far more insidious and perhaps in the
long run, much more fatal for the colonized -- was the colonization of the mind. This has had a
very profound effect upon people everywhere, and Muslims have reacted to it, partly because
they are much more conscious than other colonized people of their own history and of their
own identity. This is why you'll find that, even in countries like India, where the majority of the
population was Hindu, it was the Muslims who first asserted their will against colonial
dominance in various parts of the British Empire in India.

This is also true of colonized communities in other parts of the world. So I think this whole
question of reasserting identity, discovering oneself, trying to define one's space -- it has become
very, very important to Muslims everywhere. Partly because of historical process, which in the
long run, is perhaps much more powerful than the colonialism of the past, and that's
globalization.

There is the cultural dimension of globalization which Muslims are very conscious of. They feel
that the sort of values and ideas, notions of living which are emanating from the West and
beginning to penetrate their societies, influencing their young in particular -- that these are
harmful; at least some of the more obvious aspects linked to music and dance forms and films
and so on. They see these things as injurious to their own culture and identity. ...

They're also conscious of the fact that the global political system is dominated by the United
States, to a great extent, and some of the other big powers. And somehow there is perhaps
wittingly, perhaps unwittingly, the exclusion of Islam from the global process. And they've also
been reacting to that, I think. ...

There have been I think two major trends. There is a dominant trend which is, to a great extent,
negative. Meaning that Muslims have become very conscious of the fact of dominance and they
have become exclusive. They have become inward looking, in some respects. They have become
very reactive and sometimes very aggressive. While one can understand the historical
circumstance that may have given birth to some of these trends and tendencies, I don't think
there is any justification for this from an Islamic point of view, or from the point of view of the
relations between civilizations.

Now there is a subordinate trend, which unfortunately remains very weak at this point in time.
These are Muslims who say that, in the midst of globalization, you have to reassert the essence
of Islam. And that is its universalism, its inclusiveness, its accommodative attitude, its capacity
to change and to adapt, while retaining the essence of faith. In other words, expressing faith as
something that is truly ecumenical and universal. Now that is a trend which has its adherents in
almost every Muslim country, but it has remained on the margins. ...

10 and 29 Discuss the nature of Islamic Law


Islam is a complete code of life: it covers all aspects of human life and society. Hence Shariah is
a comprehensive and complete scheme of life. As an author puts it, “Islam is a religion of laws
so comprehensive that it has rules for nearly all human activity, personal and interpersonal,
private and public. It sets rules for government, for fighting wars, and settling disputes. It
decrees who are not to marry and what foods not to eat. In other words, there is no area of life
which is not covered by the Divine Law or Shariah.” Islam calls on the Muslims to enter into the
House of Allah wholly, completely and without any reservations, mental or personal. Such an
all embracing deen or faith is for all occasions and for all time. It can answer to new questions
and problems that may arise in the society in course of its evolution and development. This is,
in short, the essence of the Divine Law or Shariah.

The interpretative, and investigative science of the Shariah is called fiqah (or fiqh in Arabic). It is
the scientific method of solving new questions and problems of daily activities of human life on
the basis of and within the limits of the Divine Law.

Characteristics of the Shariah:

The Islamic Law or Shariah possesses a number of special features or characteristics. They are as
follows:

1. Perfection and Comprehensiveness:

The first characteristic of the Shariah is its perfection and comprehensiveness, which
distinguishes it from the Western concept of law. It applies itself to all human activities. As
Allah says in the Quran: ”He is Allah in the heavens and in the earth. He knows both your
secrets and your utterance, and He knows what you earn”. (6:3) The Shariah is an all-inclusive
legislation. It is capable of meeting all changes and all challenges of the Muslim, individual and
collective. It is a perfect code of life, which makes it superior to all man-made codes of law. The
Encyclopedia Biitannica, in its 1967 edition, says’ Under the Shariah ”every act or omission falls
under one of its five categories: what is commanded or positively forbidden by Almighty God.
To the Muslims, therefore, the Shariah includes all that a Westerner would term law-public and
private, national and international-and a great deal which he would not regard as law at all,
such as the details of religious ritual and the ethics of social conduct.”

2. Spiritual Loftiness:

The Shariah embodies spiritual loftiness. This characteristic is not and cannot be ’found in the
secular law of the West. Spiritual loftiness means that the injunctions of the Shariah always aim
at the ’good of the whole Muslim community and for the moral good and salvation of the
individual, for they are ordained by the Divine Supreme Being. The Shariah always keeps the
door open for the eternal betterment of the Muslim community.

3. Stability and Development:

Islamic Law combines the dual features of stability, on the one hand, and development or
change, on the other. This feature makes it at once a stable system of human relations and at the
same time capable of developing under the varied and changing conditions of Muslim life and
society. In other words, it is both rigid and elastic system of law. Its stability is derived from the
Commandments of the Quran and Sunnah, from which it originated and its elastic features
come from its interpretative principles of the ijma, ijtihad, qiyas, and istihsan. They will make it
responsive to the group requirements at various places and in different ages. In short, the
Shariah provides a permanent sacred framework beyond which no Muslim can go. But at the
same time it provides considerable variation within these limits. The late Dr. I.H.Qureshi, the
well-known Pakistani political thinker, has expressed the immutable and the dynamic features
of the Shariah as thus: ”The Shar’ included within its fold three main principles: two immutable
and one mutable. The immutable principles are the Quran and the authentic Hadith of the
Prophet; the latter according to the Muslims is not so much an enlargement as an interpretation
of these principles which has been arrived at by the application of human reason to apply them
to the changing needs of humanity in different conditions. It is wrong, therefore, to say that the
Shar’ is entirely immutable.”

Basic Principles of the Shariah:

The following are the basic principles of the Shariah:

1. Submission and Obedience to God’s Will:

Islam, as its name shows us, is the religion of submission to the Will of Allah and obedience of
His commandments. The Quran expressly declares: ”O ye believers! Obey Allah and obey the
Apostle and those in authority from among you; then if you quarrel about anything, refer it to
Allah and the Apostle, if you believe in Allah and the Day of Judgment; this is the better part
and very good in the end.” (4:59) it means that in respect of obedience, the first priority goes to
the commandments of Allah and next to those of the Holy Prophet (peace be upon him). Only
in the third instance are the rulers to be obeyed, provided their commands remain within the
limits and commandments of Allah and the Apostle.
2. Social Ethics:

Islam is the religion of morality. It enjoins upon the Muslims, amrb’il maiufwa’l nahi al nuinkir,
i.e. command to do what is good (matvf) and punish the wrongdoing. This is the essence of
Islamic social ethics. The Islamic rulers are bound to enforce this divine commandment.

3. Adi w’al Ehsan: .

The Shariah is based on the principles iof adl wal ehsan or justice and public good. These
principles have been repeatedly emphasized in the Quran and in the Hadith of the Holy
Prophet (peace be upon him). In the Quran, the principle of adl or justice is represented by the
rnizan or balance, whose two scales are held equal. Thus justice in, Islam means-to render the
rights of all persons equally and equitably. ”But Islam also enjoins that justice should be
rendered with ehsan or in keeping with the good -and welfare of all people. This principle is the
basis of the juristic principle of istihsan or juristic preference. It is the Islamic principle of equity.
It means that justice should be done in the manner as not to cause or injustice to others.

11. Note on Sources of Islamic law


Sources of the Islamic Law or Shariah:
Fiqah or Islamic Jurisprudence has declared several sources of the Shariah. Dr. Mustafa Ahmed
Zarqa, an Egyptian authority on Islamic Law, has classified them into two kinds, namely
fundamental and Implicative. The fundamental sources are the original sources of Islamic Law,
while the implicative sources are implied in or derived from, the fundamental sources. The
fundamental sources are (i) the Quran; (ii) the Sunah of the Holy Prophet (p.b.u.h.); (iii) Ijma;
and (iv) Ijtihad. The implicative sources are (i) Istisla’h; (ii) Istihsan; and (iii) urf.

We shall now explain each of these sources one by one.

1. The Quran:

The Quran is one of the primary sources of the Islamic Law. It contains many commandments,
injunctions, prescriptions and rules for the behaviour and relations between individuals’ and
groups. Addressing the Holy Prophet (p.b.u.h.), Allah Himself says in the Quran:

”And we have revealed the Scripture unto the only that thou may explain unto them that
wherein they differ, and (as) a guidance and a mercy for a people who believe”. (16:64)
Muhammad Hamidullah, the well-known Muslim scholar, writes, ”The Quran seeks to guide
man in all walks of life, spiritual, temporal individual and collective. It contains directions for
the conduct of the head of state, as well as a simple commoner, of the rich as well as of the poor,
for peace as well as for war, for spiritual culture as for commerce and material well-being.”

Thus we find in the Quran such injunctions:

”These are the limits of Allah (Hadud Allah), so do not go near them” (2:187) (These are the
limits which no one should transgress if he is not to be punished.)
”And the recompense of evil is punishment like it, but whoever forgives and amends, he should
have his reward from Allah, surely He does not love the unjust”. (42:40)

”And not alike are the good and the evil. Repel evil with what is best, when lo! he’between
whom and you was enmity would be as if he were a warm friend”. (41:34 and also 33:96)

”O you who believe! retaliation is prescribed for you in the matter of the slain: the free for the
free, and the slave for the slave, and the female for the female; but if remission is made to any
one by (aggrieved) brother, then prosecution (for the blood money) should be made according
to the usage, the payment should be made to him in a good manner, this is an allowance from
your Lord and a mercy; so whoever exceeds the limits after this, he shall have painful
chastisement.

And there is life for you in (the law of) retaliation, O men of understanding, this you may guard
yourselves.” (2:178, 179 and also 4:92)

These are a very few examples of the Quranic injunctions and prescriptions. It should, however,
be noted that the Quran is not a book of law. It is a book of guidance for the mankind. It is the
first sources of Islamic law, but it does not contain a detailed corpus of legislation. Although
some actions are strictly defined in it, which need no interpretation or translation, the Quran
has, however, drawn in general large boundaries of the Islamic law within which all human
actions can be confined. It offers to the Muslims a frame of reference within which they can
build up the whole body of laws, in accordance with their peculiar conditions and
circumstances. Its prescriptions about such matters as trade and commerce, marriage and
divorce, inheritance, penal law and the like are guides for every contingency of life and society.

2. The Sunnah:

The second and equally important source of the Islamic Law is the Sunnah of the Holy Prophet
(p.b.u.h.) Literally, Sunnah mean the path or the way of life. But in the technical language of the
fiqh, it mean the Sunnah of the Holy Prophet (p.b.u.h.) only, and it is in this sense it is used in
the Shariah. The Sunnah consists of the sayings, deeds, and such words of the Holy Prophet
(p.b.u.h.) which were not the revelations of the Quran. The Sunnah is divided into three kinds:

(i) Al-Sunnah al-Qawliyah or the sayings, statements and utterances of the Holy Prophet
(p.b.u.h.). They are his traditions or a hadith.

(ii) Al-Sunnah al-Filiyah or the deeds and actions of the Holy Prophet (p.b.u.h.) They consist of
his actual performances, which are, therefore, examples for the Muslims to follow.

(iii) Al-Sunnah al-Taqririyah: they are those traditions of the Holy Prophet (p.b.u.h.) which he
neither uttered in words, nor shown by his actions or deeds, but have received his tacit
approval. In other words, they are the deeds which were performed in his lifetime and with his
full knowledge and have thereby become acceptable due to his silence.

The Sunnah deals with such matters as revelation, knowledge, pilgramage/abulation and
cleanliness, prayers, funerals, taxes, trade and commerce, inheritance values and character and
conduct, administration of justice, marriage and divorce, distribution of a wealth, alms and
sadaqat, responsibilities of the administrators, duties, and responsibilities of children towards
their parents, of the orphans, widows, etc. ’ ’’,

We may describe here a brief history of the Sunnah. The sayings and deeds of the Holy Prophet
(p.b.u.h.) were not recorded during his lifetime. The reason was that he had forbidden his
Companions to write or record them, so that they might not be mixed up with the Quranic
revelations. As he said,

”Do not write down my sayings. He who has quoted me in writing in other than Quran should
delete what he had written. But you are free to quote me orally/’ It was only in the third
century Hijra that the work of compiling the Hadiths of the Holy Prophet (p.b.u.h.) began.
Many books of Hadiths were then compiled, including the two Sahihs or authentic
compilations. The first was compiled by Abu ^Abdullah Muhammad bin Ismail al-Bukhari
(809-869), known as Sahih Bukhati and the other by Abdul Husayn Muslim al- Nishapuri (821-
874) popularly known as Sahih Muslim. The work of compilation was undertaken with great
care and effort. S. Mahmassani writes, ”the two compilers travelled to many provinces in their
search for traditions (hadiths) and were meticulous in their investigation of the correctness of
the narrators and the chain of authority. This fact earned their compilations the reputation of
authenticity and reliance on their correctness.” The reason why the compilers took such great
care and concern to collect accurate hadiths was the fact that many false and spurious ahadith
had also got currency during the first two hundred years when they were related orally from
one generation to the other. Various rules were evolved to test the accuracy and authenticity of
the traditions so that to Sift them from the false or fabricated hadiths. As Mahmassani writes,
”They (the compilers or muhadassin) established rules for the sifting of the traditions and
arranged them according to the degree of their authenticity into sahih (authentic) Hasan
(good),gharib (strange), etc.

Muslims believe the Sunnah to be second in important to the Quran. Its rule is to support and
supplement the ordinances and prescriptions of the Quran. Quranic injunctions (nasus) are
prior and are not subject to any alterations, for their obedience is binding on all Muslims.

Secondary Sources:

Upto now we have considered the immutable and unchangeable sources of the Islamic Law. We
shall now consider the more flexible sources. They are ijma, ijtihad, qiyas, istihsan and istisla/i.
Really, they are not sources of the Shariah, but methods of interpreting the two primary
sources, Quran and Sunnah.

Ijma: Ijma means the general agreement or consensus among the Muslim community about any
matter affecting the Muslims in the light of the Quran and Sunnah. It is one of the methods of
the fiqh or Islamic jurisprudence. For instance, the institution of the khilafat (caliphate) was the
result of the consensus or ijma of the early Muslims soon after the death of the Holy Prophet
(p.b.u.h.). Ijma is supported by a saying of the Holy Prophet: ”My um/nat will never be united
on error”, Some of the Islamic jurists orfuqaha are of the opinion that the ijma is the voice of the
ummah through the ulema.
Ijtihad: Literally ijtihad means striving or searching. But in the technical language of the fiqh
and Shariah~~it means the striving to interpret the nusus of the Quran and the Sunnah of the
Holy Prophet (p.b.u.h.) in order to adopt them to the new conditions of the Muslim life and
society, but within the precedents laid down by the earlier Mujtahids, and faqa/ia, especially of
the four schools or mazhabs of the fiqh. Ijtihad is of two kinds: viz. ijtihad mutlaq and ijtihad
muqaiyyid. Ijtihad mutlaq is one in which interpretation of the Quran and Sunnah is
independent of the opinions and judgments of the earlier jurists and their precedents. In Ijtihad
muqaiyyid, the scope of interpretation is within the decisions of opinions of the founding
fuqaha. When ijtihad is a personal opinion of the mujti/u’d, it is known as ra’i.

Qiyas: It is reasoning by analogy. •’

Istihsan: means juristic preference: it means the application of discretion in juristic opinion,
preferring one of the two possibilites which makes for greater public good.

Istishlah means a decison which will serve the public good even though such a decision is not
mentioned in the Quran or Sunnah.

Urf: Urf is the common practice among the Muslim community (Ummah) as their common
habit or a’ada. The ulema of the Arab countries have applied this method in the evolution of
Islamic Law in their countries, e.g., in Egypt, Syria, etc.

12 - Describe the main sources of Islamic political theory.


For many Muslims, politics always has a negative stigma attached to it. The reasons for this
vary from the abuse of political power from those in authority to the misunderstandings
surrounding the nature of politics and the position of Islām towards it. The lack of clarity vis-à-
vis politics and its relationship with Islām requires us to clarify the position of Islām regarding
politics and how this understanding should impact our day to day lives. This is especially true
since we live in an era where many specious arguments are levelled against Islamic political
theory.

The most important text for Islamic political thought is the Qur’an. Between 610 and 632, in
rhyming verses that his companions memo- rized, wrote down, and codified in the decades
after his death, Muhammad recited what Muslims consider to be the eternal word of God. In
the early years of his prophecy, Muhammad espoused primarily cosmological themes such as
the unity (tawhid) of God and the Day of Judgment. After the migration (hijra) to Medina in
622 – year one of the Muslim calendar – Muhammad recited verses about social and political
affairs, including relations between the believers (mu’minun), Jews (yahud), Christians
(nasara), People of the Book (ahl al-kitab), and hypocrites (munafiqun). The Qur’an does not
offer detailed instructions about who or what insti- tutions ought to govern the Muslim
community; instead it articulates concepts, themes, and narratives that are the building blocks
of Islamic political thought. The Qur’an, for instance, states that God appoints Adam, rather
than the angels, as a viceroy (khalifa) in the earth (Qur’an 2: 30) and that God makes David a
viceroy (khalifa) to judge fairly between people (Qur’an 38: 26). From such materials – including
the verse “Obey Allah, the Messenger and those in authority” (Qur’an 4: 59) – Muslims have
debated the origin, nature, and limits of political authority.
The second most important body of work in Islamic political thought is the collected words and
sayings (hadith) of Muhammad. The Islamic declaration of faith (shahada) is: “There is no God
but God, and Muhammad is His Messenger.” Muslims believe that, as God’s Messenger,
Muhammad disclosed the fundamental principles of prayer, economic transactions, family
life, and legal punish- ment. In the early centuries of Islam, scholars such as Bukhari (d. 870)
and Muslim (d. 875) assembled hadith collections that form the basis of Islamic jurisprudence.
One such hadith is the principle of consensus: “God will never bring my community together
on an error, so stay with the collective, for whoever strays from it strays into an error.” Another
is that “after me, there will be caliphs; and after the caliphs, amirs; and after the amirs, kings;
and after the kings, tyrants …” Yet another states: “Those who entrust their affairs to a
woman will never know prosperity!” Regardless of whether these hadith are authentic or
disputed – the subject matter of its own Islamic science – these hadith encap- sulate medieval
Muslim conceptions of right and wrong governance.

A third significant document from the founding period is the Constitution of Medina (sahifat al-
Madina). In an early biography of the Prophet (Sirat Rasul Allah), Ibn Ishaq (704–67) reports
that, shortly after the migra- tion from Mecca to Medina, Muhammad wrote a charter
defining the relationships bet- ween the emigrants (muhajirun) from Mecca, the helpers (ansar)
in Medina, the tribes within Medina (the Khazraj and the Aws), and the Jews. Although early
Muslim jurists did not cite the Constitution as a normative precedent, some recent scholars
argue that the Constitution may lay the foundation for an Islamic theory of public law
committed to the ideal of religious pluralism.

13 - Explain the main features of Islamic political theory in the light of


Quran and Sunnah.
The political system of Islam has been based on three principles, viz., Tawheed (Oneness of
God), Risalat (Prophet hood) and Khilafat (Caliphate). It is difficult to appreciate the different
aspects of the Islamic policy with- out fully understanding these three principles. I will,
therefore, begin with a brief exposition of them. Tawheed (Oneness) means that one God alone
is the Creator, Sustainer and Master of this universe and of all that exists in it organic or
inorganic.

The sovereignty of this kingdom rests only in Him. He alone has the right to command or forbid
Worship and obedience are due to Him alone, none else sharing it in any degree or form. Life,
in all its multifarious forms, our physical organs and faculties, the apparent control which we
have over everything that exists in this universe, and the things themselves none of them has
been created or acquired by us in our own right.

They are the bountiful provisions of god and in bestowing them upon us, no one is as Him.
Hence, it is neither for us to decide the aim and purpose of our existence or to prescribe the
limits in our worldly authority nor is anyone else entitled to make these decisions for us. This
right vest only in God Who has created us endowed us with mental and physical faculties, and
provided all material provisions for our use. This principle of the Oneness of God altogether
negates the concept of the legal and political sovereignty of human begins, individually or
collectively. Nothing can claim sovereignty, be it a human being, a family, a class or group of
people, or even the human race in the world as a whole. God alone is the Sovereign and His
Commandments are the Law of Islam.
The medium through which we receive the Law of God is known as “Risalat” (Prophethood).
We have received two things from this source:

The Book in which God has expounded His Law; and The authoritative interpretation and
exemplification of the Book of God by the Prophet, through his word and deed, in his capacity
as the last messenger of God. The broad principles on which the system of human life should be
based have been stated in the Book of God. Further, the Prophet of God has, in accordance with
the intention of the Divine Book, set up for us a model of the system of life in Islam by
practically implementing the law and providing necessary details where required. The
combination of these two elements, according to Islamic terminology, is called the “Shari’ah”.
There is a specific purpose for man’s existence. This purpose is achieved when man fulfills his
function and is missed when man fads to live up to his designated role. In that case, his life will
be barren and devoid of any original meaning. Total loss and perdition await everyone who
fails to respond to Allah’s call.

This special role relating man to his Creator is subservience to Allah and worship of Him. All
aspects of man’s life are based on this consideration. Thus, the meaning of worship must be
extended to go beyond mere rituals into all activities since Allah does not only call upon us to
perform rituals but His injunctions regulate all aspects of life. The Qur’an develops this theme:

“Behold, thy Lord said to the angels: ’I will create a vicegerent on earth’” (Qur’an 2:30)

It is this Khilafat on earth which encompasses the range of activities of this human being. It
consists in settlement on earth, exploration of its resources and energies, fulfillment of Allah’s
purpose of making full use of its resources and developing life on it. In brief this task requires
the implementation of Allah’s way which is in harmony with the Divine Law governing the
whole universe.

Thus, it becomes clear that the meaning of worship, which is the very purpose of man’s
existence and his primary function, is much more comprehensive than mere rituals. The role of
Khilafat is definitely an integral part of meaning of worship. The truth about worship comes out
in two essential points, namely:

There should be a feeling of absolute certainty and conviction about the meaning of worship of
Allah in one’s heart; a feeling that the only possible relationship which holds is one of creator
and the created and nothing but that.

It is imperative to turn to Allah dedicating to Him every stir of one’s conscience, every
fluttering of the senses, every movement of life. This dedication should be channeled solely to
Him and nobody else. No other feeling should have any room left, except in so far as it is
construed as part of the meaning of worship of Allah. In this way the meaning of worship is
fulfilled. Thus, work becomes one with rituals; rituals one with settlement on earth; settlement
on earth like strive for Allah’s cause; strive in the way of Allah like patience in bearing
calamities contentedly in the knowledge that they are part of Allah’s plan; all these are instances
of worship of Allah.

With this healthy frame of mind, based on the right understanding on man’s role in this
universe, man becomes ready to implement Allah’s teaching, as communicated through the
message of Prophet Muhammad (peace be upon him).
This is exactly what Islam means when it lays down that man is Khalifah (servant) of God on
the earth. The state that is established in accordance with this political theory will have to fulfill
the purpose and intent of God by working on God’s earth within the limits prescribed by Him
and in conformity with His instructions and injunctions.

14 - Describe Islamic concept of justice in the light of Quran and Sunnah.


Or
15 - Discuss Islamic theory of Justice.
Justice according to Quran

In Islam Justice is considered to be the supreme virtue. In Holy Quran Allah Almighty
mentioned about Justice in many times that we are going to discuss below:

Allah Almighty said in Quran: “God commands justice and fair dealing…” (Quran 16:90). From
this verse, we can conclude that Allah commanded us to do justice and fair dealings in all
aspects of life whether it’s small or big matter. In another verse of Quran related to Justice,
Allah Almighty says: “O you, who believe, be upright for God, and (be) bearers of witness with
justice!” (Quran 5:8). Therefore, we can conclude justice is an obligation of Islam and injustice is
forbidden. The place or importance of justice to the Quranic value system is displayed by the
following verse: “We sent Our Messengers with clear signs and sent down with them the Book
and the Measure in order to establish justice among the people…” (Quran 57:25)

The one and only purpose of sending the prophets was to establish Justice in the world and end
injustice. By doing justice means giving everyone his right. But this simple statement covers all
the complexities of life in their endless and ever-changing relations; all the allurement; all the
conflicts and problems. To guide the people, Allah sent down the Prophets with clear signs, the
Book, and the Balance. The Book contains the revelations that spell out what’s fair and unfair or
right and wrong. From Holy Book, we can understand what is right or wrong and what Allah
has commanded us.

In another verse of Holy Quran Allah says: “… Indeed, Allah loves those who act justly.”
(Quran 60:8). From this verse, we can conclude that Quran spells out the distinction between
good and bad through vivid commandants regarding justice. Allah has asked His worshippers
to maintain the system of justice even if the conditions and circumstances are against family and
kinship. Quran narrated it as: “O you who have believed, be persistently standing firm in
justice, witnesses for Allah, even if it be against yourselves or parents and relatives. Whether
one is rich or poor, Allah is more worthy of both….” (Quran 4:135).

While dealing with one’s enemy one is not strong enough to do justice because the hatred
surpasses the sublime feelings of justice. Despite, Quran has asked to fear Allah and establish
justice with an enemy as well. Allah is All-Watchful, observe everything, and will hold a person
accountable for an inch of injustice if happened. In other words, you cannot do injustice even
when you are dealing with the enemy.

The Quran also refers to particular instances and contexts of justice. One such instance is the
requirement of just treatment of orphans. In Holy Quran, Allah Almighty stated that: “And
approach not the property of the orphan except in the fairest way, until he [or she] attains the
age of full strength, and give measurement and weight with justice…” (Quran 6:152)

Justice according to Sunnah of Prophet (SAW)

The Prophet (SAW) asked to be just and kind. He (SAW) always had to deal with people and
their affairs as a supreme judge, reformer, apostle, and leader of Muslims. In conducting Justice
our beloved Prophet (SAW) made no distinction between believers and non-believers, friends
and foes, high and low.

There are so many examples of Justice from the life of Prophet (SAW) from which we can get
inspiration and can do justice in our all aspects of life. Here we will discuss some of them:

A woman of the Makhzoom family with good connections was found guilty of theft. For the
prestige of the Quraish, some prominent people including Usaamah Ibn Zayd, may Allah be
pleased with him, interceded to save her from punishment. The Prophet (SAW) refused to
forgive the crime and expressed displeasure saying: “Many a community ruined itself in the
past as they only punished the poor and ignored the offenses of the exalted. By Allah, if
Muhammad’s (My) daughter Fatimah would have committed theft, her hand would have been
severed.” (Bukhari)

Allah has commanded his messengers to establish justice and spoke to them in affirmative tone
as quoted in Hadith: “O My slaves, I have forbidden injustice for Myself and forbade it also for
you. So avoid being unjust to one another.” (Sahih Muslim)

Allah detests a ruler who has bestowed with supremacy yet is ignorant of justice. Allah will
deprive him of His shade in His territory at the Day of estimation as Hadith narrates: “There are
seven categories of people whom God will shelter under the shade of His throne on the Day
when there will be no shade except this. [One is] the just leader.” (Sahih Muslim)

In another hadith Holy Prophet (SAW) stated that: “People, beware of injustice, for injustice
shall be darkness on the Day of Judgment.”(Musnad Ahmed). So we can say we have to know
about justice and injustice, if we know about it then we can act according to that. Justice has
broad meanings that include unfair dealings, uttering words that can hurt the sentiments and
biased feelings towards fellow being.

Justice is an essential part of Islamic teachings and should be part of every faith messenger. The
foundation of a territory is justice that Allah has loved for His worshipper and commanded His
messenger too. Those who will neglect justice will in the lowest steep of hell and the oppressed
get their due rights.

16 Discuss Al-Mawardi's theory of Khilafat.


Abu’l Hasan Ali ibn Muhammad al-Mawardi (975-1058 A.D/364-450 A.H) was the first political
thinker in the history of Islam. He was a professor of law and jurisprudence at Basra and
Baghadad. He was jurist of the fiqah of Imam Shaafi. He lived at a time when the Abbasid
Caliphate was at the nadir of its fortunes. The Abbasid Caliphs, once the proud rulers of a vast
Caliphate, had been deprived of all political authority by the Buwaihid Emirs. It was only the
support of Sultan Mahmud of Ghazni which enabled them to retain some semblance of spiritual
authority. Al-Mawardi wrote his famous book; Al-Ahkam as-Sultaniyah or Principles of
Government, to defend the Khilafat against its detractors and to restore the authority of the
Abbasid Caliphate to its original position. The theory of the caliphate, as expounded in this
book, became a model for all other Muslim political thinkers and jurist except ibn Khaldun, who
questioned it on some grounds, as we shall describe later on. Bagley says that al-Mawari’s book
is the greatest theoretical exposition of Islamic constitutional law”. In her commentary on Al-
ahkam Darlene R. May says that the book embraces both theoretical and practical aspects of
Muslim political thought and behavior.

According to al-Mawardi, the institution of the caliphate or imamate is based on the following
principle:

1. Sovereignty belongs to Allah, who has laid down laws so that justice, truth and goodness
may be widely known;

2. Authority is vested in the khalifa as the successor of the Holy Prophet (p.b.u.h.);

3. The duty of the khalifa or imam is to enforce the Shariat, to defend the faith against
profanation and the Muslims against their enemies, and to enable them to live according to the
injunctions of the Shariat and thus to attain happiness in this world and the Hereafter. In view
of this duty, al-Mawardi defines Caliphate as the institution” replacing prophecy in the defence
of the faith and the administration of the world. It is demanded by the Shariah, not by reason”.
Ibn Khaldun differed from al-Mawardi on this point.

Election of the Caliph (Imam):

Following the historical precedents of the Khulfa-e-Rashideen (Orthodox Caliphs), al-Mawardi


declared that the caliph or imam will be elected to his office, provided he possesses the
following seven qualifications:

1. He upholds justice under all conditions;

2. He has knowledge of religion and has the interests and policy of the Muslim community at
heart;

3. He possesses all physical senses, such as of eyesight, etc;

4. Integrity of physical organs;

5. Wisdom; •

6. Bravery, and is capable of waging jihad against infidels; and

7. ’ Qurayshite descent, i.e., he must belong to Banu Quraysh, the tribe of the Holy Prophet
(p.b.u.h)

Mode of Election:

The Imam is appointed in one of the two ways;

a) he may be elected by the electoral college, which consists of the persons who are present in
the capital; or
b) he may be nominated by the ruling imam, who may nominate his , son^: father or a relative,
if he is properly qualified for the high office.

Duties and Functions of the Imam:

According to al-Mawardi, the Imam (or Caliph) has to perform the following ten duties or
functions:

1. His first duty is to uphold the Islamic religion and Shariah, as understood and propounded
on the basis of the concepts of the ancient authorities. If anyone makes innovations or become
sceptic in religious matters, the Imam should try to correct him and make him to obey religious
injunctions, lest people might be affected by such heresies. ’-

2. He must dispense justice and settle all cases in accordance with the Shariah. He should thus
curb the strong and encourage the weak to seek his due.

3. He must maintain law and order in the country, so as to encourage economic activities and
enable people to travel freely in the land “without fear.

4. He should enforce the criminal code of the Quran, so that people might live within the hadud
of Allah.

5. He must defend the frontiers of the Islamic State, so that people, Muslims and non-Muslims,
might live in peace and security of their lives and property.

6. The Imam must establish the supremacy of Islam over all other religions and creeds. For this
purpose he must organize and undertake actions against those who oppose Islam.

7. It is the duty of the Imam to collect Zakat and K/iamj, as required by the injunctions of the
Shariah, but without resorting to pressure or extortion.

8. He should pay allowances and stipends from the Bayt ut Mai to those who are entitled to
them and must not pay them before or after the due time. •

9. He should appoint honest and sincere men to the principal offices of the state and to the
treasury (Bayt ul Mai) in order to ensure good and effective administration and to safeguard the
finances of the state.

10. The Imam should keep himself informed of the affairs of his State and he should himself
direct the national policy and protect the interests of the people. However, he could delegate his
responsibilities to others and engross himself in luxury or religious devotion.

Duties of the People:

If an Imam (Caliph) fulfils all the ten duties enumerated above, the people have two duties
towards him:

1. They must obey him, and

2. They should render him help in the defence and security of the state.

Deposition of the Imam:


After enumerating the duties of the Imam, al-Mawardi discusses the conditions in which a
reigning Imam or Caliph can be deposed. The conditions are as follows:

1. If there is a change in his moral status, known as azala in Islamic’ fiqh or jurisprudence. The
moral change is of two kinds:

(a) When an Imam disregards the injunctions of the Shariah and gives himself up to
immoral pleasures. In such a case, a person can neither be elected as Imam or continue
to be one.

(b) If an Imam renounces or distorts the established principles of Islam. In this case too a
person cannot be chosen as Imam or continue to be one. *

(2) An Imam can be removed from his office, if he suffers three kinds of bodily defects:

(a) Loss of physical senses and of mental faculty, such as loss of eyesight. The first
condition is obvious and needs no comment. But the second condition had led to
unfortunate consequences in Islamic History. Quite often, the Muslim kings blinded
those relatives or others who had become contenders to their thrones.

(b) Loss of bodily organs, which not only disfigures the Imam or render him incapable of
performing his normal duties.

(c) Loss of ability to supervise and direct the affairs of the State, e.g., when Imam
becomes a prisoner in the hands of an enemy. However, if a counsellor or assistant of the
Caliph seizes power, but does not depose the Imam, al-Mawardi declared such a
situation legitimate in the Sharia. Thus he defended the Buwayhids’ capture of power.
In case a Caliph becomes a prisoner of war, al- Mawardi lays duty on the Muslim
community to ransom him.

17. Discuss the salient features of khilafat as the main institution of


Islamic Political system.
The political system of Islam is based on three principles: Tawhid (unity of Allah), Risalat
(Prophethood) and Khilafat (vicegerency). The Holy Qur’an clearly states that the aim and
purpose of this state, built on the foundation of Tawhid, Risalat and Khilafat, is the
establishment, maintenance and development of those virtues which the Creator of the universe
wishes human life to be enriched by, and the prevention and eradication of those evils which
are abhorrent to Allah. According to the Arabic lexicon, Khilafat means ‘representation’. Man,
according to Islam, is the representative of Allah on earth, His vicegerent. That is to say, by
virtue of the powers delegated to him by Allah, he is required to exercise his Allah-given
authority in this world within the limits prescribed by Allah.

Take, for example, the case of an estate which someone has been appointed to administer on
your behalf. You will see that four conditions are invariably met. First, the real ownership of the
estate remains vested in you and not in the administrator; second, he administers your property
only in accordance with your instructions; third, he exercises his authority within the limits
prescribed by you; and fourth, in the administration of the trust he executes your will and not
his own. These four conditions are so inherent in the concept of ‘representation’ that if any
representative fails to observe them he will rightly be blamed for breaking the covenant which
was implied in the concept of ‘representation’. This is exactly what Islam means when it affirms
that man is the vicegerent of Allah on earth. Hence, these four conditions are also involved in
the concept of Khilafat.

A state that is established in accordance with this political theory will in fact be a human
caliphate under the sovereignty of Allah and will do Allah’s will by working within the limits
prescribed by Him and in accordance with His instructions and injunctions. The above
explanation of the term Khilafat also makes it abundantly clear that no individual or dynasty or
class can be Khilafah, but that the authority of caliphate is bestowed on any community which
accepts the principles of Tawhid and Risalat. In such a society, each individual shares the Allah-
given caliphate. This is the point where democracy begins in Islam.

Every person in an Islamic society enjoys the rights and powers of the caliphate of Allah and in
this respect all individuals are equal. No one can deprive anyone of his rights and powers. The
agency for running the affairs of the state will be established in accordance with the will of these
individuals, and the authority of the state will only be an extension of the powers of the
individual delegated to it. Their opinion will be decisive in the formation of the Government,
which will be run with their advice and in accordance with their wishes. Whoever gains their
confidence will carry out the duties of the caliphate on their behalf; and when he loses this
confidence he will have to relinquish his office. In this respect the political system in Islam is as
perfect a democracy as ever can be.

What distinguishes Islamic democracy from Western democracy is that while the latter is based
on the concept of popular sovereignty the former rests on the principle of popular Khilafat. In
Western democracy the people are sovereign, in Islam sovereignty is vested in Allah and the
people are His caliphs or representatives. In the former the people make their own laws; in the
latter they have to follow and obey the laws (Shari‘ah) given by Allah through His Prophet. In
one the Government undertakes to fulfil the will of the people; in the other Government and the
people alike have to do the will of Allah. Western democracy is a kind of absolute authority
which exercises its powers in a free and uncontrolled manner, whereas Islamic democracy is
subservient to the Divine Law and exercises its authority in accordance with the injunctions of
Allah and within the limits prescribed by Him.

18. Explain Shah Wali Ullah's theory of "Khilafat" as the main institution
of Islamic political system.
Shah Waliullah Dehlawi was an influential 18th-century Islamic scholar from India who made
significant contributions to Islamic theology, philosophy, jurisprudence, and politics. One of his
foundational theories was the concept of "Khilafat" as the main institution of the Islamic
political system.

According to Shah Waliullah, Khilafat is the system of governance that upholds and
implements the principles of the Islamic faith. This theory is rooted in the foundational belief
that Islam is not merely a religion but a comprehensive way of life encompassing all aspects,
including social, political, and economic spheres.
Shah Waliullah emphasized the establishment of an Islamic state under the leadership of a
Khalifa (Caliph) who would ensure the governance of society based on Islamic principles and
values. The Caliph would serve as the highest authority, responsible for upholding justice,
implementing Sharia law, and making decisions in consultation with scholars and experts in
various fields.

Shah Waliullah believed that the primary objective of the Islamic political system was to
establish a just and equitable society under the guidance of the Quran and Sunnah (teachings
and practices of the Prophet Muhammad). He argued that the Khilafat system, driven by the
principles of Islamic jurisprudence (Fiqh), would ensure the welfare and well-being of the
ummah (Muslim community).

One of the key aspects of Shah Waliullah's theory of Khilafat was the recognition of the
importance of religious scholars in the governance process. He believed that scholars, well-
versed in the teachings of Islam, should play a vital role in advising the Khalifa and guiding the
decision-making process. Their knowledge and expertise would ensure the application of
Islamic principles in governance and prevent deviation from the true spirit of Islam.

Shah Waliullah's theory also emphasizes the overall unity and welfare of the Muslim
community. He believed that the Khilafat system should work towards creating a cohesive
ummah, where Muslims would collectively work together for the betterment of society. This
unity would transcend ethnic, linguistic, and social divisions, fostering harmony and
cooperation among Muslims.

Moreover, Shah Waliullah considered the Khilafat as an important means of countering external
threats, protecting the integrity of the Islamic faith, and preserving the identity of the Muslim
community. He emphasized the need for a strong, centralized authority that would safeguard
the interests of Muslims and defend against foreign encroachments and colonial powers.

In summary, Shah Waliullah's theory of Khilafat establishes the concept of an Islamic political
system based on the principles of justice, equity, and the implementation of Islamic teachings. It
highlights the role of a Khalifa in governing society and emphasizes the significance of religious
scholars in advising the leadership. The theory aims to create a united and prosperous Muslim
community, with the Khilafat system as the main institution responsible for upholding Islamic
values and ensuring the welfare of the ummah.

19. Discuss "Khutbai Hajjatul Wada" as first charter of human rights.


Khutbai Hajjatul Wada, also known as the Farewell Sermon of the Prophet Muhammad
(PBUH), is widely regarded as one of the foundational documents of human rights. Delivered
during the Last Pilgrimage of the Prophet Muhammad in the year 632 AD, this sermon
emphasized principles of equality, justice, and dignity for all individuals, regardless of their
race, ethnicity, or social background.

The sermon was delivered to a vast gathering of Muslims on the plains of Arafat, towards the
end of the Prophet's life. It addressed several important themes, including the rights and
responsibilities of individuals, the importance of racial and gender equality, the prohibition of
oppression and discrimination, and the sanctity of property and personal safety.

One of the significant aspects of this sermon is the emphasis on racial and ethnic equality. The
Prophet stated, "An Arab has no superiority over a non-Arab, nor does a non-Arab have any
superiority over an Arab. Also, a white person has no superiority over a black person, nor does
a black person have any superiority over a white person except by piety and good actions." This
statement clearly rejects any form of racial or ethnic superiority and promotes the idea that all
individuals are equal in the eyes of God.

Moreover, the sermon highlights gender equality. The Prophet explicitly stated, "It is not lawful
for a man to take the property of his brother except that which he gives willingly. Do not
oppress or commit injustice. Remember that every Muslim is a brother to every other Muslim,
and that all Muslims are equal in rights to one another. Men have rights over women, and
women have rights over men." This statement recognizes the rights and responsibilities of both
men and women, emphasizing equality and mutual respect in relationships between the two
genders.

The Khutbai Hajjatul Wada also emphasizes the importance of justice, stating that "Beware of
injustice, for injustice will be darkness on the Day of Judgment." This highlights the need for fair
treatment, equal access to justice, and the rejection of any form of oppression or discrimination.

Furthermore, the sermon emphasizes the sanctity of personal safety and property. The Prophet
stated, "Your lives and properties are forbidden to one another until you meet your Lord on the
Day of Resurrection." This statement emphasizes the inviolability of personal safety and the
prohibition of violence or harm against one another.

In conclusion, Khutbai Hajjatul Wada, the Farewell Sermon of the Prophet Muhammad, holds
immense significance as one of the earliest charters of human rights. It promotes principles of
racial and ethnic equality, gender equality, justice, and the sanctity of personal safety and
property. Its teachings continue to serve as a guiding light for Muslims and non-Muslims alike,
emphasizing the importance of respect, justice, and equality in human society.

20. Short note on Liberty


Liberty, or "Hurriyyah" in Arabic, holds an important place in Muslim political thought. It
refers to the freedom of individuals and communities to exercise their rights and make choices
without undue restrictions or coercion from political or religious authorities. However, the
interpretation and understanding of liberty in Muslim political thought vary among scholars,
reflecting diverse historical, theological, and cultural contexts.

Islamic Theological Perspectives on Liberty: The concept of liberty finds its roots in Islamic
theology. Quranic teachings emphasize human free will, personal responsibility, and
accountability before God. Muslims are encouraged to exercise their freedom by making moral
choices. However, this freedom is limited by the principle of "Tawhid" (monotheism), which
asserts the sovereignty of God and the submission to divine law (Sharia). Liberty, therefore,
should be exercised within the boundaries of moral and ethical teachings.

Historical Context: Muslim political thought has been shaped by various historical experiences,
such as the early Islamic Caliphate, medieval empires, and colonialism. These historical contexts
have influenced the understanding of liberty in Muslim societies. During the early Caliphate,
individual freedom was safeguarded under the principles of consultation (Shura) and consent
(Ijma). However, as Muslim empires expanded, centralized authority often limited individual
liberties, leading to debates about the balance between state power and personal freedom. The
colonial experience further complicated the understanding of liberty, as Muslims struggled
against foreign domination and sought to reconcile Western notions of freedom with Islamic
principles.

Different Perspectives on Liberty: Within Muslim political thought, different strands of


thinking have emerged regarding the scope and limits of liberty. One perspective emphasizes
the importance of political reform, human rights, and individual freedoms. Proponents argue
that individuals should be free to express their opinions, engage in political participation, and
enjoy religious freedoms. They advocate for the separation of powers, the rule of law, and
accountable governance, drawing inspiration from democratic principles while maintaining
compatibility with Sharia.

On the other hand, some scholars argue for limits on personal freedom, primarily to protect
religious and communal values. They contend that individual freedom ought to be exercised
with moral responsibility, as excessive liberty may lead to harm, chaos, and deviation from
religious teachings. This perspective emphasizes the importance of communal harmony, family
values, and social cohesion.

Challenges and Debates: The understanding and application of liberty face challenges and
ongoing debates. One significant challenge is the tension between individual freedom and
maintaining a cohesive Muslim community, especially in diverse societies with varying
interpretations of Islamic teachings. The rise of extremist and conservative ideologies also raises
questions about the limits of personal liberty and its compatibility with the broader goals of
justice, equality, and human rights.

Muslim scholars and intellectuals continue to engage in discussions about how to balance
tradition and modernity, individual rights and communal obligations, and local particularities
and universal principles in defining and implementing liberty within Muslim societies.

In conclusion, liberty encompasses the freedom of individuals and communities to exercise their
rights and make choices within the moral boundaries of Islamic teachings. It is influenced by
Quranic teachings, historical experiences, and ongoing debates within Muslim intellectual
circles. As with any political concept, the interpretation and application of liberty in Muslim
societies continue to evolve, reflecting the diversity of perspectives and contexts in the Muslim
world.

21 Short note on ljtihad


Literally ijtihad means striving or searching. But in the technical language of the fiqh and
Shariah~~it means the striving to interpret the nusus of the Quran and the Sunnah of the Holy
Prophet (p.b.u.h.) in order to adopt them to the new conditions of the Muslim life and society,
but within the precedents laid down by the earlier Mujtahids, and faqa/ia, especially of the four
schools or mazhabs of the fiqh. Ijtihad is of two kinds: viz. ijtihad mutlaq and ijtihad
muqaiyyid. Ijtihad mutlaq is one in which interpretation of the Quran and Sunnah is
independent of the opinions and judgments of the earlier jurists and their precedents. In Ijtihad
muqaiyyid, the scope of interpretation is within the decisions of opinions of the founding
fuqaha. When ijtihad is a personal opinion of the mujti/u’d, it is known as ra’i.

Importance of Ijtihad:
In our brief survey of the evolution of the Shariah above, we have said it was perfected by the
great faqaha from about the ninth to 12 th centuries A.D. It then ceased to develop further owing
to the doctrine of taqlid. Taqlid means to follow the precedents of the great jurists of the past as
the unchallengeable legal authority. It was then declared that the ”doors of the ijtihad are
closed” and therefore further interpretation of the Quran and Sunnah was not permissible.The
result was that the Shariah remained static for about eight hundred years. But from the middle
of the eighteenth century, the doctrine of taqlid began to be questioned first by Shah Wali Ullah
in the post-Mughal India and more so in Ottoman Turkey from the end of the nineteenth
century and lastly in Egypt in the beginning of he twentieth century, and in other Arab lands,
such as by Muhammad Abdu, Rashid Riza and others, and by Sir Syed Ahmad Khan in British
India during the second half of the nineteenth century. Now it is increasingly felt that the doors
of ijtihad should be reopened. But the question is: how?

Two Schools of Mujtahideen:

There are two schools of mujtahideen or interpretators: one of them favours ijtihad muqaiyyid
or limited ijtihad and the other favours ijtihad mutlaq or independent interpretation, not bound
by the opinions of the earlier mujtahideen, especially of the Middle Ages. It is the second school
of ijtihad mutlaq which asserts that the doors of ijtihad are open and innovations in the Islamic
law are possible, provided one remains with the injunctions and ahkam of the Quran and
Sunnah. This school asserts that ijtihad has become important in the modern times due to the
needs of the present time, such as economic, social and political, changes, so that the Muslim
society and peoples may become a powerful force in the modern times.

Shah Wali Ullah (1703-1762), who lived in the last days of the Mughal Empire in India, was the
first Muslim thinker to propound a theory of cautious exercise of ijtihad. He was deeply
perturbed by the decline of the Mughal Rule and by the threat to the Indian Muslims by the rise
of the Marhatta power and was deeply touched by the social, economic, political and military
plight of the Muslims of his times. Though he remained within the limits of Muslim fiqh or
jurisprudence, he yet asserted the need to apply the principle of maslaha or public good to the
problems confronting the Muslim community. Accordingly, he favoured individual judgement
or ra’i but within narrowly circumscribed ijtihad. Consequently, he appealed to the prophetic
tradition (hadith) instead of to following the opinions of the earlier jurists on basis of the
doctrine of taqlid. He thus advocated the flexibility of the ijtihad of the first four centuries of
early Islamic history.

Allama Iqbal and his Ijtihadi legislation:

Allama Muhammad Iqbal, one of the greatest thinkers of modern Islam, asserts that ijtihad can
be undertaken’not only by an individual jurist but also by a legislative assembly. Emphaising
the dynamism and flexibility of Islam, he defended the abolition of the Caliphate (khilafat) by
the Grand National Assembly of modern Turkey as ijtihad. He said, ”Let us now see how the
Grand National Assembly has exercised this power of ijtihad in regard to the institution of the
Caliphate. According to Sunni Law the appointment of an Imam or Khalifa is absolutely
indispensable. The question that arises in this connection is this-Should the Caliphate or
Imamate be vested in a single person? Turkey’s Ijtihad is that according to the spirit of Islam the
Caliphate or Imamate can be vested in a body of persons, an elected Assembly. Personally, I
believe the Turkish view is perfectly sound. It is hardly necessary to argue this point. The
republican form of government is not only thoroughly consistent with the spirit of Islam, but
has also become a necessity in view of the new forces that are set free in the world of Islam”. He
further said that ijmo (consensus) can take the form of ijtihadi legislation. He writes, ”The
transfer of the power of ijtihad (independent judgment) from the individual representative of
the scholars (Ulcma) to a Muslim Legislative Assembly is the only possible from Ijma can take
in modern time.”45 Thus according to him the Shariah will be as defined by a legislature in the
Islamic State.

Maulana Maududi, who also believes in the dynamism and flexibility of Islam, divides the
Shariah in two parts: the immutable Quranic nasus or divine injunctions and the Sunnah, and
the flexible part, consisting of the traditional fiqh. They constitute such parts of the
administrative and constitutional parts of the Shariah whose details are left to the Muslims to
work out ”in accordance with demands of the age or the country in which they live subject, of
course, to the limits prescribed by the Shariah. The immutable parts of the Shariah, he adds
further, ”are such that they can always fulfil the needs of human society in every age and in
every counry, provided, of course, that the entire Islamic scheme of life is in operation.”

Recognizing the importance of the Ijtihad in the modern times, the Shariah Ordinance of 1988 in
Pakistan has entrusted the task of making the laws in the counrty to conform tothe Quran and
Sunnah to the judiciary, especially to the Supreme Shariat Court of Pakistan.

To conclude, the importance of the Ijtihad lies, as Allma Iqbal said, in the dynamic and flexible
spirit of Islam, which jis a complete code of life for all times and climes. Within the limits
imposed by the Quran and Sunnah, Islamic Law can be interpreted by the authoritative opinion
of a mujtahid, who may be either a man trained in Arabic, Quran, Hadith and Fiqah, or is a
legislative assembly, consisting of the representatives of the Muslims or is a judge, trained in
Islamic Law, i.e., in the Quran, Sunnah and Fiqah. This development will bring about a viable
accommodation between the prescriptions and injunctions of Islam, on the one hand, and the
imperatives of modern life and conditions, on the other. It will put an end to nearly eight
centuries of stagnation in the Islamic Law and society.

22. Discuss Allama Iqbal's concept of Millat and compare it with


contemporary theory of nationalism
Allama Iqbal's concept of Millat, also known as the Universal Muslim Community, is a central
theme in his philosophy of Islam. Millat represents the collective identity and unity of Muslims,
regardless of their nationality, ethnicity, or regional affiliation.

According to Iqbal, Millat distinguishes itself from the concept of nationalism, which primarily
focuses on the idea of a nation-state based on geographical and cultural boundaries. Iqbal
argues that Millat is a broader concept that transcends these divisions because it is based on the
principles of Islam and the universal teachings of the Prophet Muhammad.

Iqbal believed that Muslims should unite under the umbrella of Millat, setting aside individual
nationalistic aspirations, as he saw nationalism as a divisive force that could potentially
undermine the strength and unity of the Muslim community. He argued that by identifying as
Muslims first and foremost, individuals could pursue a more global vision that promotes
justice, equality, and humanity.

In contrast to contemporary theories of nationalism, which emphasize state sovereignty,


territorial boundaries, and a shared cultural or ethnic heritage, Iqbal's concept of Millat focuses
on the spiritual and ethical aspects of Islam. He sees the Muslim community as a force for good,
working towards the establishment of a just and inclusive society, rather than being limited to a
specific geographical region or ethnic group.

For Iqbal, Millat is not confined to a particular nation-state or geographical entity; rather, it is a
global entity that encompasses all Muslims in the world. This vision of Millat as a universal
community aligns with the concept of the ummah in Islam, which emphasizes the unity of all
Muslims across borders and cultural differences. It also reinforces the idea of the Muslim
community as a strong, interconnected unit that should prioritize the collective welfare of its
members.

Comparing Iqbal's concept of Millat with contemporary theories of nationalism raises some
interesting points. Nationalism, as understood today, emphasizes the importance of a shared
cultural and historical heritage, a geographic territory, and a distinct national identity. It often
encourages individuals to identify with their country of origin or residence, and promotes the
idea of national self-determination and sovereignty.

On the other hand, Iqbal's concept of Millat encourages Muslims to transcend nationalistic
divisions and see themselves as part of a broader, global Islamic community. It focuses on the
moral and spiritual aspects of Islam, rather than the territorial or ethnic boundaries that define
nationalism. This perspective challenges the primacy of statehood and promotes a more
cosmopolitan outlook, where religious identity takes precedence over nationalistic affiliations.

Iqbal's concept of Millat also suggests the possibility of multiple identities and allegiances. It
acknowledges that individuals can simultaneously belong to a specific nation-state while
maintaining a broader commitment to the principles of Islam and the welfare of the larger
Muslim community. This aligns with contemporary discussions on multiple identities and the
ability to navigate between different communities and affiliations.

In conclusion, Allama Iqbal's concept of Millat represents a unique perspective on unity and
identity within the Muslim community. It diverges from contemporary theories of nationalism
by emphasizing the universal aspects of Islam, transcending local, ethnic, and national
boundaries. By prioritizing the principles of justice, equality, and humanity, the concept of
Millat offers an alternative vision of collective identity that is deeply rooted in the teachings of
Islam.

23. Determine the place of minorities in Islam. Or Note on Rights of


Minorities in Islam
In Islam, the rights of minorities are considered to be essential and integral to the overall social
structure of the Islamic community. Islam emphasizes the importance of a harmonious and
inclusive society, where individuals from different religious, ethnic, and linguistic backgrounds
can coexist and enjoy equal rights. The rights of minorities, as per Islamic teachings, encompass
various aspects including religious freedom, protection from discrimination, and access to
justice. Here are the key rights of minorities in Islam:

Religious Freedom: Islam promotes religious freedom and acknowledges the rights of
individuals to practice their respective faiths without coercion or compulsion. The Quran
explicitly recognizes the diversity of religions among humanity (Quran 49:13) and prohibits the
use of force or coercion in matters of religious belief (Quran 2:256). Islamic teachings stress that
Muslims should respect the religious practices and beliefs of non-Muslim minorities, allowing
them to worship freely and observe their religious rituals.

Equality and Non-Discrimination: Islam emphasizes the principle of equality among all
individuals, irrespective of their religious or ethnic backgrounds. Muslims are enjoined to treat
minorities with fairness, justice, and compassion. The Prophet Muhammad (peace be upon him)
explicitly stated, "He who is unjust to a non-Muslim minority, or curtails their rights, or
burdens them beyond their capacity, or takes from them more than they can bear, or deprives
them of what they have, I will be their accuser on the Day of Judgment" (Abu Dawud). This
hadith highlights the obligation of Muslims to protect the rights and dignity of minorities.

Protection from Harm: Islam provides explicit protection to minorities against harm, violence,
or persecution. Islamic teachings strictly prohibit any form of aggression, oppression, or harm
inflicted on individuals or communities, regardless of their religious or ethnic affiliation. The
Quran states, "Whoever kills a person [unjustly], it is as though he has killed all mankind"
(Quran 5:32). This verse underscores the sanctity of human life and the necessity to respect and
protect minority communities.

Political Participation: Islamic teachings encourage minority representation and involvement in


political processes. Muslims are taught to establish systems of governance that ensure equal
opportunities for all citizens, irrespective of their religious or ethnic background, to participate
in decision-making processes. Islam promotes the idea of consultation, urging leaders to seek
the opinions and perspectives of different communities, including minorities, when making
important decisions.

Social Integration: Islam encourages social cohesion and integration among different religious
and ethnic groups. Muslims are instructed to treat minority communities with kindness,
compassion, and respect, not isolating or marginalizing them. Muhammad (peace be upon him)
emphasized the concept of a united community, where all members support and care for one
another, promoting the wellbeing and unity of society.

Access to Justice: Islam grants minorities the right to seek justice and provides mechanisms to
ensure their grievances are addressed. Islamic law, known as Sharia, outlines principles of
justice and impartiality, regardless of an individual's religious background. Islamic countries
historically established separate legal systems to administer justice for minority communities,
known as "qādī al-ḥ arāb" or courts for non-Muslim minorities.

Overall, Islam emphasizes the respect and protection of minority rights, upholding principles of
equality, justice, and freedom of religion. These rights aim to create an inclusive society where
all citizens can live peacefully, practice their religions freely, and participate equally in political
and social life. It's important to remember that the implementation and interpretation of these
rights might vary in different contexts and throughout history, as societies and cultures evolve.

8. Explain the basic human rights and duties in the light of Islam.
Fundamental Human Rights in Islam
We shall now enumerate the fundamental human rights as guaranteed by Islam. They are
available to all the people, Muslims or non-Muslims, living in the Islamic State. They are as
follows:

1. Right to Life:

Islam ensures the right of every being to life and freedom from injury, except in the right of
retaliation or self-defence. The Quran, in Surah Beni Israel, says thai Allah has forbidden the
killing of any living being. Again Allah says in Sumh alMai’idah, ”Excepting in retaliation or in
preventing violence on earth, whoever kills another man has really killed all men and whoever
saves a life has, indeed saved the life of the whole mankind.”

In Surah an-Nisa, Allah says: ”Do not commit suicide.” Again He says ”Whoever has
knowingly killed a momin (pious Muslim), will be punished with hell-fire for ever.”

2. Right to property:

Islam has guaranteed right to property to all human beings, provided it is earned in a lawful
way. The Quran says: ”Man will get what he has striven for.” It means that one will have what
he has earned by his labour. Moreover, a Muslim cannot possess wealth more than his rightful
needs and he should also pay zakat for what he possesses in excess of his needs. Furthermore,
Islam forbids a man to spend his wealth in evil ways or on what is haram (forbidden) in Islam. ..

3. Right of Inheritance:

Islam recognize the right of inheritance in accordance with the prescriptions of the Quran.

4. Right to personal freedom:

In Islam personal freedom is guaranteed: no one can be punished or imprisoned without


evidence of two and in some cases of four witnesses. The Holy Prophet (p.b.u.h) never
punished a person on mere accusation: it must be supported by evidence.

5. Freedom of Opinion:

Islam lays particular emphasis on freedom of opinion, and criticism. The Quran says, ”When
you say something, say it with justice, even though it may be about your relatives”
(Al-A/wm:l52) Addressing thq, Muslims, the Quran says,’”Your are the best of the ummah,
who are sent to’guide and reform the world; you command what is good and to prevent what is
bad.”(Sum/i Aal-Imran:lW) Again, the Quran says, ’If you favoured anyone or you tried to
conceal truth, then remember that God knows everything.” (3:135)

6. Freedom of Conscience and religion:

The Quran says, ”There is no compulsion in religion”. (Surah al-Baqmh: 256) Again it says,
”Will you compel people to make them momin (a believer in God)”. (Surah Yunus: 99)

Islam also teaches tolerance of other faiths and religions. In Surah AlKafi/un, the Quran
commands : ”For you your religion and for me my religion.” Again it says to the Muslims, ”The
people who worship other than God, do not curse them”. (Surah Al-Ana/n:lQ8)

7. Right to Equality:
Islam declares again and again that all Muslims are equal brothers to each other. The Quran
says, ”All Muslims are brothers.” Again it says, ”Mankind were one community. Allah sent
unto them Prophets as bearers of good tidings and as warners.” (2:213) Moreover, Islam has
also declared men and women as equal in their rights and duties.

duties in the light of Islam:


Along with rights, Islam has laid equal emphasis on the performance of duties. Some of them
are as follows:-

1. Duty of Obedience:

Islam, which is a religion of submission and obedience, commands the Muslims to obey Allah,
the Messenger and the Ameer. The Quran says, ”O, yc who believe, obey Allah and obey the
Messenger and. those of you who arc in authority (amr}\ and if you have a dispute concerning
any matter refer it to Allah and the Messenger if you are (in truth) believers in Allah and the
Last Day. That is better and more seemly in the end.” (4:58)

2. Payment of Zakat

Payment of zakat (tax for aiding and helping the poor) is as compulsory in Islam as offering
prayers. Moreove’r, Islam also emphasizes the payment of alms, charity and sadaqat to the poor
and the needy. It is against concentration of wealth iri the hands of the few wealthy persons.
Instead, it is in favour of constant circulation of wealth among the people, so that there may be a
fair degree of equality in all the necessaries of life and happiness. As we have said above, the
Quran calls upon the Muslims to give away in the name of Allah all that is in excess of their
needs.

”And people ask you that what they should spend in the way of Allah? Say that which is more
than their needs.” (Al-Baqrah: 219) Again the Quran says: ”Warn them of terrible death to the
people who have accumulated gold and silver and have not spent them in the path of Allah,
that the Day will come when this very gold and silver will be made red hot in the fires of Hell
and then their heads and bodies will be burnt with thpm: this is the treasure which they have
collected with which they will have the taste of their wealth.” (Surah al-Tobah: 33-35).

3. Cooperation and Mutual Aid:

Islam commands the Muslims to cooperate with the government of the Islamic State by making
sacrifice of their lives and property, so that it may defend them against their enemies and
promote the interests of the Muslim ummah. The Quran further says, ”Righteousness is not in
that you turn faces to the east and the west; but righteous is he who believes in Allah and the
Last Day and the angels and the Scripture and the prophets; and gives his wealth, for love of
Him, to kinsfolk and to orphans and the needy and the wayfarer and those who ask and to set
slaves free” (2:177)

24. Examine the position of institution of Monarchy in the modem times.


In modern times, the institution of monarchy has evolved significantly in the context of political
thought. Traditionally, monarchy refers to a form of government where the power is vested in a
single individual, typically a king or queen, who inherits the position and holds it for life.
However, with the rise of democracy and the increasing emphasis on individual rights and
popular sovereignty, the position of monarchy has been challenged and redefined.
One perspective is that of constitutional monarchy. In this framework, the monarch's role is
largely ceremonial and symbolic, with limited or no political power. The real power lies in the
hands of elected representatives and the executive branch. This is the case in many modern
constitutional monarchies such as the United Kingdom, Spain, Norway, and Japan. The
monarch's role is often to act as a unifying figurehead, representing the unity and continuity of
the nation.

Another perspective is that of the rise of republicanism. Republicans argue for the abolishment
of monarchy altogether, seeing it as an outdated and undemocratic institution. They advocate
for a system where political power is derived from the people, either directly or through elected
representatives. Republicanism is most commonly associated with democratic systems and the
idea that sovereignty lies with the people, rather than being vested in a monarch.

However, it is important to note that despite the challenges to monarchy, many constitutional
monarchies continue to exist and flourish in modern times. Proponents of monarchy argue that
it serves as a stabilizing force, providing continuity and stability in times of political change.
They argue that the institution represents a connection to history, tradition, and national
identity. Monarchs often act as figureheads that embody national unity and represent their
countries during ceremonial and diplomatic occasions.

Furthermore, some argue that having a ceremonial head of state separate from the political
executive branch can help to prevent the concentration of power and provide a check against
potential abuses of power. The monarch can act as a neutral and impartial arbiter, ensuring that
the government remains accountable and acts in the best interest of the nation.

In conclusion, the position of the institution of monarchy in modern times is complex and
varied. While some advocate for its abolishment in favor of republican systems, others argue for
its continuation, albeit in a ceremonial and symbolic role. The evolution of constitutional
monarchies and the continued existence of monarchies suggest that there is still a place for the
institution in contemporary political thought, albeit with modified powers and roles.

25. Explain the basic principles of Muslim political theory in light of


Quran and Sunnah.
Muslim political theory is rooted in the Quran and Sunnah, which serve as the primary sources
of guidance for Muslims. These sources provide the basic principles that shape the
understanding of politics, governance, and the relationship between the state and individuals.
The following are some key principles of Muslim political theory:

Tawhid (Monotheism): The most fundamental concept of Islam is the belief in the oneness of
God (Tawhid). This principle extends to the political realm, emphasizing that all authority and
power ultimately belong to Allah. It implies that no human being or institution should be
considered above or equal to God, and that all political systems must be based on divine
guidance.

Shura (Consultation): The Quran emphasizes the importance of consultation and mutual
decision-making in political affairs. Muslims are encouraged to seek counsel and deliberate on
matters of public interest, ensuring collective decision-making rather than autocratic leadership.
The concept of shura aims to foster consensus, inclusiveness, and democratic governance within
the limitations set by Islamic principles.
Justice and Equality: The Quran emphasizes justice as a central pillar of Islamic governance.
Muslims are instructed to establish a just social order that upholds the rights of individuals,
regardless of their race, gender, or social status. Equality before the law is a fundamental
principle, and justice must be administered impartially to ensure the well-being and welfare of
society.

Amr bi'l-Ma'ruf wa-nahy 'an al-Munkar (Commanding good and forbidding evil): Muslims
are encouraged to promote and enforce virtuous actions while discouraging and preventing
wrongdoing. This principle emphasizes the responsibility of both the state and individuals to
uphold moral and ethical values, creating an environment conducive to righteous conduct and
societal well-being.

Bay'ah (Pledge of Allegiance): The concept of bay'ah represents a covenant or agreement


between the ruler and the governed. It involves the voluntary pledging of loyalty and
obedience to the rightful Caliph or leader. The legitimacy of the ruler is derived from this
pledge, which establishes a contractual relationship between the ruler and the ruled based on
mutual rights and obligations.

Maqasid al-Shariah (Objectives of Islamic Law): The objectives of Islamic law include the
preservation and promotion of religion, life, intellect, lineage, and property. Muslim political
theory aims to protect and advance these fundamental values. It emphasizes the state's
obligation to safeguard the welfare and rights of the people, including their religious freedom,
security, and access to basic needs.

Subsidiarity: The principle of subsidiarity suggests that power and authority should be
decentralized, with decisions made at the most appropriate and efficient level. It aims to
empower local communities and institutions to handle their own affairs based on their specific
needs while preserving the overall unity of the state. This principle promotes governance that is
closer to the people, enhancing participation and accountability.

It is important to note that interpretations of these principles may vary among different Muslim
scholars and communities. While these principles are foundational, their application may differ
based on historical, cultural, and contextual considerations.

26. Describe the rights of Non-Muslims in Islamic system of government.


The rights of non-Muslims in an Islamic system of government have been a subject of debate
and interpretation throughout history, as different interpretations and practices exist within the
diverse Muslim world. However, certain general principles can provide an understanding of
the rights granted to non-Muslims in an Islamic system.

Protection of Life and Property:

Islam emphasizes the protection of life, property, and honor for all individuals, regardless of
their religious beliefs. In an Islamic state, it is the responsibility of the government to ensure the
safety and security of all its citizens, including non-Muslims.

Freedom of Religion:
Islamic teachings recognize freedom of religion, as the Quran itself states, "There is no
compulsion in religion" (Quran 2:256). This verse, along with others, indicates that individuals
should have the freedom to choose their own faith and practice it without coercion or force.

Equality before the Law:

Under an Islamic system, non-Muslims should be treated equally before the law. Ideally, the
legal system should not discriminate against individuals based on their religious affiliation.
However, implementation of this principle may vary in different societies, as Islamic laws can
differ depending on cultural, historical, and traditional contexts.

Right to Practice Religious Rituals:

Non-Muslims should generally have the right to practice their religious rituals without
interference or harassment. For example, in an Islamic state, Christians may be allowed to build
churches and hold religious ceremonies, while Jews may be allowed to build synagogues and
observe their religious practices.

Personal and Family Laws:

Non-Muslims are usually permitted to follow their own personal and family laws based on
their religious traditions. For instance, non-Muslims may be allowed to marry, divorce, and
inherit according to their own religious norms, as long as these practices do not conflict with the
broader legal principles of the Islamic state.

Participation in Public Life:

Non-Muslims may have the right to participate in the public life of an Islamic state, including
political and administrative positions, sharing their opinions, and engaging in civic activities.
The principle of consultation (shura) in Islam encourages the involvement of diverse
perspectives in decision-making processes.

It is important to note that the implementation of these rights might differ depending on the
specific interpretation of Islamic law and the political climate of each society. Practices may
range from complete religious freedom and equality to instances where non-Muslims face
certain restrictions on expression or activities. However, the fundamental principles of
protection of life, freedom of religion, equality before the law, and the ability to practice rituals
represent the guiding principles for the rights of non-Muslims in an Islamic system of
government.

27. Note on Pact of Uqba (Beat - e - Uqba)


The Pact of Uqba, also known as Bait-e-Uqba, holds great significance in Islamic history. This
pact was a mutual agreement between Prophet Muhammad and the people of Medina, known
as the Ansar, prior to the migration of the Muslims from Mecca to Medina (Hijra) in 622 CE.

Background:

Before the Pact of Uqba, the Prophet Muhammad and his followers faced immense persecution
and torture by the polytheistic Quraysh tribe in Mecca. Seeking a safe haven, the Prophet
received an invitation from the people of Medina, which was then known as Yathrib. The city
was ruled by multiple tribes, including the Jewish, Arab, and others, who were often in conflict
with one another.

Terms of the Pact:

The Pact of Uqba was agreed upon in the house of Abdullah ibn Ubai, the chief of the Khazraj
tribe, and included various terms and conditions that ensured the unity and protection of the
Muslim community in Medina. Some key points of the pact were:

Protection and Unity: The people of Medina, both Muslims and non-Muslims, agreed to protect
Prophet Muhammad and his followers from external aggression and internal conflicts.

Equal Rights and Responsibilities: The Muslims and non-Muslims within Medina were
granted equal rights and responsibilities. They were to share common burdens and benefits,
such as defense, maintenance of peace, and protection of the weak.

Mutual Consultation: The Prophet Muhammad and the leaders of the Ansar would consult one
another on major decisions concerning the welfare of the community.

Religious Freedom: The non-Muslims in Medina were allowed the freedom to practice their
own religions and were not forced to convert to Islam.

Blood Money: The pact established rules for the payment of blood money in cases of murder or
injury, ensuring justice and compensations.

Loyalty and Defection: Both parties agreed not to engage with any external enemy of Medina,
and any participant who defected or betrayed the pact would face consequences.

Significance and Aftermath:

The Pact of Uqba played a crucial role in the establishment of an Islamic state and the
transformation of Medina into the first Muslim community-state. This pact ensured the
protection and unity of the Muslims against the threats and persecutions they faced in Mecca. It
also provided a framework for peaceful coexistence among different religious groups within the
city.

Furthermore, the pact established a system of government based on consultation (Shura), where
the Prophet Muhammad and the leaders of the Ansar worked together to make decisions. This
system became a foundation for subsequent Islamic governance models.

The migration of the Muslims from Mecca to Medina (Hijra) also marked the beginning of the
Islamic lunar calendar and set a significant precedent for the Muslim community, illustrating
the importance of unity and protection in times of hardship.

Overall, the Pact of Uqba was a turning point in Islamic history, fostering the growth of the
early Muslim community, laying the foundation for Islamic governance, and establishing
principles of unity, justice, and religious freedom.

28. Explain the relationship between religion and politics in Islam.


The relationship between religion and politics in Islam is intricate and multifaceted. Islam, as a
comprehensive religious and social system, encompasses both spiritual and temporal aspects of
life. The role of religion in politics has a significant influence on the governance and social
structure of Islamic societies. This relationship can be explored from various perspectives:
historical, conceptual, and practical.

Historical Perspective:
The historical context of Islam's inception and development provides insights into the
relationship between religion and politics. Prophet Muhammad, as the founder of Islam, not
only served as a religious leader but also as the political, social, and military leader of the early
Muslim community in Medina. The establishment of an Islamic state by the Prophet laid the
foundation for the intertwining of religion and politics in Islamic societies.

Conceptual Perspective:
The core concepts in Islam, namely Tawhid (monotheism), Shariah (Islamic law), and Khilafah
(caliphate), contribute to the deep connection between religion and politics within Islam.

Tawhid: Islam is based on the belief in the oneness of God. This divine unity extends to the
integration of religion and politics, as it implies that all aspects of life, including governance,
should be in line with religious principles.

Shariah: Shariah, derived from the Quran and the Hadiths (sayings and actions of the Prophet
Muhammad), provides a comprehensive framework for Islamic law. It covers both personal
matters (such as prayer and fasting) and public affairs (such as governance, judiciary, and
economics). The inclusion of politics in Shariah emphasizes the importance of religious
guidance in the governance of an Islamic state.

Khilafah: The concept of Khilafah, meaning the caliphate, is rooted in Islamic history and
represents the religious and political authority of the Muslim community. The caliphate is
viewed as a religious obligation to implement and maintain the principles of Islam in society.
Historically, it represented the unity of religion and politics, with the caliph serving as both the
religious and political leader.

Practical Perspective:
The practical implementation of the relationship between religion and politics in Islam varies
across different countries and time periods. Some key features to consider include:

Islamic State: In certain periods of history and in some contemporary cases, Islamic states have
been established, wherein religious authorities are involved in the governing structure. These
states usually incorporate Islamic law and principles into their legal systems.

Islamic Law: Many Islamic societies embrace some level of Shariah, either as a source of
inspiration or as a basis for legislation. The degree to which Shariah is implemented varies
across countries, ranging from personal status laws to broader aspects of governance.

Political Islam: The concept of political Islam refers to political movements or parties that seek
to establish Islamic states or advocate for the implementation of Islamic law in the political
sphere. These movements often emerge as a response to social or political challenges faced by
Muslim communities.

It is important to note that the relationship between religion and politics in Islam is not static. It
is shaped by historical context, cultural factors, and interpretations of religious texts. Different
Muslim scholars and societies have diverse perspectives on this relationship, leading to a
variety of political systems and governance structures among Muslim-majority countries.

Overall, the relationship between religion and politics in Islam is deeply interconnected. It
recognizes the role of religious principles in guiding political affairs and shaping societal
structures. However, the specific manifestation of this relationship varies, depending on
historical, societal, and cultural factors.

29. Discuss the nature of the Islamic Shariah and briefly describe its
sources.
Nature of Islamic Shariah
The Islamic Shariah is a set of religious laws and principles that govern the lives of Muslims. It
is derived from the Quran, the holy book of Islam, and the teachings and actions of the Prophet
Muhammad. Shariah covers various aspects of life, including personal morality, family law,
business transactions, criminal justice, and governance. The nature of the Islamic Shariah is
multifaceted and complex. Here are some key aspects to consider:

Divine Origin: Shariah is considered by Muslims as divinely inspired and derived from the
commandments of Allah. It is viewed as a comprehensive and timeless set of principles that
provide guidance on how to live a righteous life. Shariah is therefore considered immutable and
unchangeable, as it is based on the eternal word of God.

Comprehensive and All-Encompassing: Shariah covers various domains of life, including


worship, individual behavior, family matters, economics, and governance. It aims to guide
Muslims in both their personal and communal affairs, providing a holistic framework for living
an Islamic life.

Ethical and Moral Guidance: Shariah places great emphasis on moral and ethical principles. It
encourages Muslims to lead a righteous and virtuous life, promoting concepts such as justice,
fairness, compassion, and humility. Shariah aims to help individuals cultivate a relationship
with God and their fellow human beings, and to strive for personal growth and spiritual
development.

Flexibility and Adaptability: Despite being considered unchangeable in its core principles,
Shariah is adaptable to different times, places, and cultures. Islamic jurists, known as scholars or
jurists, have developed a legal methodology called "Ijtihad," which allows for interpretation and
adaptation of Shariah principles to new contexts.

Diversity of Interpretation: Shariah has multiple schools of thought, each with its own
interpretations and legal traditions. These schools of thought, such as Hanafi, Maliki, Shafi'i,
and Hanbali, have developed over centuries and reflect different regional, cultural, and
historical considerations. This diversity of interpretation provides flexibility within the
framework of Shariah and allows for different approaches to specific legal issues.

Contextual Application: Shariah recognizes the importance of considering the context and
circumstances surrounding any particular situation. It encourages Muslims to understand and
apply its principles in a way that promotes justice, equity, and the common good. The idea of
"Maqasid al-Shariah" (objectives of Shariah) emphasizes the pursuit of societal welfare and
protection of fundamental human rights.
Controversies and Misunderstandings: Shariah has been a topic of controversy and
misunderstanding, particularly in relation to issues such as women's rights, apostasy,
punishments, and religious freedom. Different interpretations and cultural practices have led to
varying understandings of Shariah, sometimes leading to misconceptions and debates both
within and outside the Muslim community.

It's important to note that the diverse nature of the Islamic world means that there are varying
implementations and understandings of Shariah across different regions and communities.

Sources of Islamic Shariah


Islamic law, also known as Shariah, is derived from a mix of sources within the Islamic
tradition. These sources can be broadly categorized into primary and secondary sources.

Primary Sources:
a) The Quran: The Quran is considered the most fundamental and significant source of Islamic
Shariah. Muslims believe it to be the word of God as revealed to the Prophet Muhammad. It
consists of 114 chapters that cover various aspects of life, including moral, legal, social, and
economic principles. The Quran serves as a divine guide and provides general principles that
are open to interpretation.

b) Hadith: Hadith refers to the collections of sayings, actions, and approvals of the Prophet
Muhammad. These sayings and actions offer practical guidance on how to interpret and apply
the Quranic principles in various contexts. Hadith collections often contain thousands of
narrations, and Muslim scholars employ a rigorous methodology to authenticate and classify
them based on their reliability.

Secondary Sources:
a) Ijma (Consensus): Ijma refers to the consensus of Muslim scholars on a particular issue. It is
derived from the collective agreement of scholars from various generations concerning the
interpretation and application of Islamic principles. Ijma serves as a point of reference for
resolving new and emerging issues not explicitly addressed in the Quran or Hadith.

b) Qiyas (Analogical Reasoning): Qiyas involves applying an existing legal ruling to a new
situation by drawing analogies and reasoning from similar cases. Scholars use this method to
deduce new rulings by identifying the underlying principles or objectives of existing rulings
and applying them to new situations. Qiyas must be supported by the Quran, Hadith, or Ijma,
and should not contradict any explicit text.

c) Ijtihad (Personal Reasoning): Ijtihad refers to the independent reasoning and interpretation
of Islamic legal texts by qualified scholars. It allows scholars to derive new rulings or adapt
existing ones based on changing circumstances, societal needs, and advancements in knowledge
and technology. The scope of ijtihad varies depending on the scholar's expertise, as it requires a
deep understanding of the primary sources and legal methodologies.

d) Istihsan (Juristic Preference): Istihsan involves employing juristic preference to choose a


legal ruling that is considered to be in line with the public interest, even if it contradicts the
formal analogical reasoning. This method enables scholars to prioritize the best outcome in
certain cases, especially when strict adherence to Qiyas could result in injustice or harm.
e) Maslaha (Public Interest): Maslaha involves considering the overall welfare and public
interest when deriving legal rulings. It allows flexibility in interpreting the primary sources to
ensure the well-being of individuals and the community. Scholars may consider the broader
benefits and harms involved to harmonize Shariah with contemporary contexts.

These primary and secondary sources provide the foundation for the formulation of Islamic
Shariah. Muslim jurists and scholars engage in extensive dialogue, debate, and interpretation
from these sources to develop a comprehensive understanding of Islamic law and its practical
application in diverse contexts.

30. Identify the place of "Shura” in Islamic system of government and


compare modern parliamentary system.
In the Islamic system of government, "Shura" refers to the concept of consultative decision-
making and governance. It is derived from the Arabic word "Mashura," which means
consultation. Shura plays a significant role in the Islamic political framework and is often
considered a vital principle in decision-making processes.

The concept of Shura has its roots in the Quran, where it is mentioned in several verses that
encourage Muslims to consult and seek counsel from one another. For instance, in Surah Al-
Imran (3:159), it states, "And consult them in the matter. And when you have decided, then rely
upon Allah. Indeed, Allah loves those who rely [upon Him]." This verse highlights the
importance of consultation and seeking counsel before making decisions.

Islamic scholars have interpreted Shura as an institutionalized council or assembly that advises
the ruler or leader in matters of governance. It is believed that the ruler should seek the
opinions and expertise of knowledgeable individuals within their community to ensure fair
governance and avoid authoritarian rule. Shura is not considered a representative body but
rather an advisory council, emphasizing that the ultimate decision-making authority lies with
the ruler.

In a modern parliamentary system, the democratic principle of representation is key. Elected


representatives make decisions on behalf of the people they represent, and power is distributed
among the legislative, executive, and judiciary branches of government. While both Shura and a
parliamentary system involve consultation and decision-making, there are some notable
differences:

Composition: The Shura in an Islamic system often includes experts in Islamic law and
theology alongside elected representatives, whereas a parliamentary system is usually
composed of elected representatives from various political parties.

Representation: In a parliamentary system, representatives are chosen through elections to


represent the interests and opinions of the people. They act as the voice of the constituents in
decision-making. On the other hand, Shura in an Islamic system does not involve direct
representation but rather the consultation of individuals with expertise and knowledge in
various fields.

Decision-making authority: In a parliamentary system, legislative decisions are made by the


elected representatives through debate, voting, and party politics. The majority opinion
prevails, and decision-making power lies with the parliament. In an Islamic system, the
ultimate authority lies with the ruler, who seeks advice and consultation from the Shura council
but is not bound to abide by their recommendations.

Sources of law: In a parliamentary system, laws are formulated and passed through the
legislative process. These laws may be based on a country's constitution, legislation, or
precedent. In an Islamic system, the Quran and the Sunnah (teachings and practices of the
Prophet Muhammad) are considered the primary sources of law.

It is important to note that while Shura is a fundamental principle in Islamic governance, the
interpretation and implementation of this principle can vary across different Muslim-majority
countries. Some Muslim-majority countries have incorporated a parliamentary system within
their governmental framework, combining elements from both systems.

In conclusion, Shura holds a significant place in the Islamic system of government, emphasizing
the importance of consultation and seeking advice in decision-making processes. While having
similarities to a modern parliamentary system, key differences lie in the concept of
representation and the ultimate decision-making authority. Understanding these nuances is
crucial to comprehending the role of Shura in Islamic governance and its comparison to modern
parliamentary systems.

31. What is the significance of "Shura" in Islamic system? How can it be


institutionalized in the modem Islamic state?
Significance of “Shura” in Islamic System
In Islamic system, "Shura" (also spelled Shuraa or Shurah) refers to the principle of consultation
and decision-making based on consensus among Muslims. It holds great significance as it is a
fundamental aspect of governance and decision-making within the Islamic framework.

The concept of Shura is derived from the Quran and the sayings and teachings of Prophet
Muhammad (peace be upon him). The Quranic verse states, "And those who respond to their
lord and establish prayer and whose affair is [determined by] consultation among themselves,
and from what We have provided them, they spend." (Quran 42:38) This verse reflects the
importance of consultation and mutual decision-making among Muslims.

The principle of Shura promotes inclusivity and participation, allowing members of the
community to have a voice and contribute to the decision-making process. It encourages leaders
to seek advice, opinions, and consensus from individuals or representative groups before
making important decisions. This ensures that decisions are made collectively, taking into
account different perspectives and expertise.

Shura is particularly significant in matters of governance, politics, legislation, and policy-


making. It emphasizes the importance of democratic principles, accountability, and justice. It
also helps in preventing autocracy and dictatorial tendencies by promoting consultation and
input from the wider community.

However, it is important to note that the scope and application of Shura may vary across
different Islamic countries and contexts. Some countries have formalized institutions, such as
Shura Councils or Majlis al-Shura, where elected representatives engage in consultation and
decision-making. In other instances, it may be more informal, with leaders seeking advice from
different stakeholders.

Overall, the significance of Shura lies in its promotion of democratic values, inclusivity, and
collective decision-making within the Islamic system.

Institutionalizing “Shura” in the modem Islamic state


In the modern Islamic state, the concept of "Shura" can be institutionalized in various ways to
ensure meaningful citizen participation and decision-making within the framework of Islamic
principles. Here are some key steps that can be taken:

Constitutional Recognition: The principle of Shura can be enshrined in the constitution of the
Islamic state, affirming it as a fundamental value and guiding principle of governance.

Legislative Framework: Laws and regulations can be enacted to establish mechanisms for
Shura participation at different levels of government, including central and local authorities.

Shura Councils: The establishment of Shura councils or assemblies can provide platforms for
representatives of different segments of society to deliberate and advise on matters of public
policy, legislation, and governance. These councils can consist of elected representatives,
religious scholars, experts, and community leaders.

Electoral Reforms: Ensuring fair, transparent, and inclusive elections can promote the
principles of Shura. Introducing measures such as universal suffrage, free and fair campaigning,
and proportional representation can help guarantee diverse voices in decision-making
processes.

Public Consultation: The government can actively engage in public consultations and seek
input from citizens on important issues. This can be done through various means such as town
hall meetings, online platforms, and public surveys.

Independent Judiciary: A strong, independent judiciary is crucial to uphold the principles of


justice and fairness in an Islamic state. The judiciary should have the authority to review and
scrutinize government actions, ensuring they align with Islamic principles and the will of the
citizens.

Combining Islamic Principles and Democratic Values: The institutionalization of Shura


should be done in a way that harmonizes Islamic principles with democratic values, such as
human rights, freedom of speech, and the rule of law. This balance is crucial to ensure that
Shura remains compatible with modern governance principles.

It is important to note that the exact institutionalization of Shura may vary depending on the
legal systems and cultural context of each Islamic state. These steps provide a general guideline
for incorporating Shura as a principle of governance in a modern Islamic state.

32. Explain Shah Wali Ullah's theory of social evolution.


Shah Walliullah says about evolution, “Human society in its beginning was not much different
from animal life but sense and understanding which is present in human beings by nature
completed the stages of evolution by mutual cooperation. Human society has never been still at
one situation but has been dynamic always.” Human evolution has been a stage- wise action
and it is a journey to be completed by stages. With the passage of time, his life goes on
becoming better than before. He has divided life from evolutionary point of view into four
stages because of characteristics and structure of society.

Four Stages of Society


1. First Stage of Society:
This has been called by Shah Walliullah as first evolution in society. This is a preliminary stage
with the following characteristics :

a. Individuals live in small groups and change their residence because of change in
weather.
b. Simple residence, dress and simple way of cooking, utensil, making art living on
fruit, vegetables and hunted animals and grain. They knew the art of
domestication of animals and executing work from these animals.
c. Society is divided into four classes:
i. The wise who suggest for social benefits. A
ii. Wealthy class; owner of cattle sheep, land, etc.
iii. Brave people to defend society from attacks and dacoits.
iv. Cunning people class; desirous of fame, authority and liking business
type activities.
d. Marriage rituals are under collective customs where man’s will is kept in view.
Marriage is to satisfy natural sexual desires and is a source of survival of race.

Second Stage of Society:


Shah Walliullah says that, “The first stage of society is the state of helplessness and a man
wanders to satisfy his desires with more labour but less achievement but at the second stage the
wise class guides him to fulfil the desires with ways and means and principles are made which
get the status of collective and cultural morals and are transferred from generation to
generation.”

These approved morals have been divided into three parts at the second stage by Shah
Walliullah:

i. Guiding principles:

These are such points of the morals which are adopted in daily collective social life like eating,
drinking, dressing and living manners and rituals of festivals.

ii. Mutual cooperation :

It is that of morals where relations between families are established, which are based on respect
from relation principles are set up, principles for training of individual are set up. Customs are
abided by and stability is brought in collective

iii. Mutual exchange :

The individuals of a society transfer their emotions, experience, skills and material things
according to collective principles of life. Different professions came into existence an; mutual
dependence among individuals increases making the desires completion easy.
3. Third Stage of Society :
Shah Walliullah says that, “In the first two stages, there is no intensity of emotions and depth
and mutual cooperation and transfer is just for the sake of completion of desires only but
families and tribes do not get mutual contact.” The third stage brings intensity in mutual
dependence and there is danger of deviation from approved morals and a collective force is
needed and at the stage the dauntless class along with opportunist class set up a political
system that fulfils the following needs:

i. Safety of approved morals :

To settle mutual quarrels, enforces the approved morals through power and reduces such
incidents.

ii. Penalties :

Political system sets up norms and sanctions to check the activities of individuals of a society
from violating approved morals to save others from this to make the life of the society free of
fear and dispersion.

iii. Jehad :

Shah Walliullah has given the policy of Jehad to prevent internal dispersion and disorder and to
check external attackers. The wealth and welfare of a society, incites the external forces to
destroy the collective life of a society, having the aim of getting wealth and occupation over the
country. The political system should prepare the dauntless and brave people of the country. for
Jehad every time.

iv. Achievement of public welfare :

According to Shah Walliullah, “To maintain the collective life in a better condition, the aim of
collective life is determined by the opinion of the wise of the first stage. The political system
maintains the approved morals and provides guidance and training.”

4. Fourth stage of society :


According to Shah Walliullah, “The world is passing through these three stages to reach the
fourth stage of complete society with the following characteristics:

a. Collective life being divided into small classes should attach itself to a larger
political system to save itself from internal disorders.
b. Different political unities should create such conditions through mutual
cooperation and transfer it to avoid conflict with each other.

According to Shah Walliullah, societies will definitely pass these stages through evolution and
the time the society achieves the fourth stage, it will be a complete society which he calls
caliphate.
Shah Wali Ullah argued that the ultimate objective of societal evolution is to establish a just and
ethical society that follows the divine path. He believed that societies should strive to reach and
maintain the second stage, the stage of living by religious law (Shari'ah). He argued that when a
society neglects religious teachings, it deteriorates and eventually collapses.

Shah Wali Ullah's theory of social evolution had a significant impact on Islamic thought,
particularly in the Indian subcontinent. His ideas influenced Muslim reform movements in
subsequent centuries, as scholars sought to apply his principles to revive and reform Muslim
societies. His work emphasized the importance of combining religious teachings with rational
knowledge and the need for individuals and societies to constantly strive for moral
righteousness.

33. Explain the Islamic concept of Sovereignty and compare with western
concept of sovereignty.
The concept of sovereignty holds significant importance in both Islamic and Western political
thought. However, the understanding and application of sovereignty differ in significant ways
between these two systems. To discuss this in detail, let us first examine the Islamic concept of
sovereignty and subsequently compare it with the Western concept.

Islamic Concept of Sovereignty:


In Islamic political thought, the ultimate sovereignty belongs to Allah (God). Islamic teachings
emphasize that Allah is the sole ruler and legislator, and His sovereignty is absolute and
indivisible. Islamic law, known as Sharia, is considered the divine law given by Allah and
covers all aspects of life, including political governance. Muslims are obliged to follow the
commands of Allah as outlined in the Quran and the teachings of the Prophet Muhammad.

Within the Islamic context, the concept of human sovereignty is derivative and refers to the role
of humans as Allah's vicegerents on Earth. Muslims are expected to exercise authority in
accordance with Islamic law and as representatives of Allah's sovereignty. Political power is
seen as a trust (amanah) bestowed by Allah upon rulers, requiring them to act justly, protect the
rights of citizens, and govern in accordance with Sharia principles. The Islamic concept of
sovereignty emphasizes the moral duty and accountability of rulers toward both Allah and the
people.

Western Concept of Sovereignty:


The Western concept of sovereignty emerged during the Renaissance and underwent significant
development in the modern era. In Western political thought, sovereignty is generally
understood as the supreme and absolute authority within a particular territory, exercised by a
recognized political entity such as a government or a state. The Western concept of sovereignty
is primarily secular, maintaining the separation of Church and state.

The principle of popular sovereignty is a cornerstone of Western political theory. It asserts that
the ultimate source of political authority lies with the people, who collectively determine the
form of government and delegate authority to rulers through democratic processes. Western
governments derive their legitimacy from the consent of the governed, and political power is
viewed as a social contract between rulers and citizens.
Comparison between Islamic and Western Concepts:
Source of Sovereignty: In Islam, sovereignty originates from Allah and is viewed as divine
authority. In contrast, Western sovereignty derives its legitimacy from the will and consent of
the people.

Nature of Law: In Islam, sovereignty is inseparable from Sharia, which governs both personal
and public affairs. In the West, sovereignty is connected to the rule of law which reflects secular
legal systems, often characterized by constitutional frameworks.

Scope of Authority: Islamic sovereignty encompasses all aspects of life, including political
governance, social issues, and religious matters. Western sovereignty typically focuses on
political governance and does not extend to matters of religion.

Accountability: According to Islamic teachings, rulers are ultimately accountable to Allah and
must govern justly and in accordance with Islamic principles. In contrast, Western
accountability mechanisms, such as the separation of powers, checks and balances, and the rule
of law, are designed to ensure transparency and accountability to the people.

Individual vs. Collective Rights: The Western concept of sovereignty emphasizes individual
rights and liberties, safeguarded by the state. In Islamic thought, individual rights are respected,
but they are often balanced with collective responsibilities and conformity to Sharia.

It is important to note that these comparisons reflect general tendencies and do not capture the
immense diversity within both Islamic and Western political thought. Additionally, there are
variations in the understanding and implementation of these concepts among different Muslim-
majority countries and Western democracies.

34. Clearly differentiate between the Quranic term "Ummah" and modem
concept of "Nationalism”.
The term "Ummah" originated from the Quran. It is an Arabic word that means "community" or
"nation of believers." In Islamic theology, it refers to the global community of Muslims who
share a common faith and abide by Islamic principles. Nationalism, on the other hand, emerged
in the modern era with the rise of nation-states. It is a political ideology that promotes the
interests and identity of a specific nation or group of people who believe they share a common
heritage, language, or culture. The Quranic term "Ummah" and the modern concept of
"Nationalism" are different in several ways:

Basis of Identity:
Ummah: The concept of Ummah unites Muslims through religious affiliation and faith in Islam.
It supersedes any other identity, such as nationality, ethnicity, or race, emphasizing unity based
on shared beliefs and values.

Nationalism: Nationalism is primarily based on secular identities, such as shared language,


culture, history, or geographical location, which create a sense of belonging and pride within a
specific nation-state. It takes into account factors like ethnicity, language, or common history to
create a sense of national identity.

Inclusivity and Exclusivity:


Ummah: The concept of Ummah is inclusive and encompasses all Muslims, regardless of their
nationality or ethnic background. It transcends geographic boundaries and promotes unity
based on faith.

Nationalism: Nationalism tends to be exclusive, focusing on specific geographical boundaries


and a defined group of people. It often leads to the exclusion of individuals or groups who do
not fit into the defined criteria of national identity.

Political Dimension:
Ummah: The concept of Ummah has a religious and spiritual dimension and is not inherently
tied to political structures or power. It does not advocate for a specific political system or
governance model.

Nationalism: Nationalism often has a strong political dimension, as it seeks to establish and
maintain a separate nation-state with its own political system and governance. It can be used to
mobilize people for political purposes and can influence the formation of policies and laws
within a nation-state.

Loyalty and Allegiance:


Ummah: The loyalty and allegiance of Muslims are primarily towards the global Muslim
community, the Ummah, and the principles of Islam. It encourages solidarity and support for
fellow Muslims, irrespective of their geographical location.

Nationalism: Loyalty and allegiance in nationalism are directed towards the nation-state, its
institutions, and symbols. It prioritizes the interests of a specific nation over others and fosters a
sense of pride and loyalty towards the nation.

Overall, the Quranic term "Ummah" promotes unity among Muslims based on shared faith,
while nationalism emphasizes loyalty and devotion towards a particular nation based on
secular factors like language, culture, and territory.

35. Discuss the theory of "Ummah” in the light of Quran and Sunnah.
The concept of "Ummah" is central to Islam and refers to the collective community of all
Muslims around the world, regardless of their ethnic, cultural, or national backgrounds. It is a
term that encompasses all those who believe in the same principles of Islam and follow the
teachings of the Quran and the Sunnah (the sayings, actions, and approvals of Prophet
Muhammad).

In the light of the Quran, the concept of Ummah is mentioned in various verses that emphasize
the unity and solidarity of Muslims. For example, in Surah Al-Hajj (22:78), it is stated, "And
strive for Allah with the striving due to Him. He has chosen you and has not placed upon you
in the religion any difficulty. [It is] the religion of your father, Abraham. Allah named you
'Muslims' before [in former scriptures] and in this [revelation] that the Messenger may be a
witness over you and you may be witnesses over the people."
This verse highlights that Allah has chosen the Muslims and named them as "Muslims,"
indicating their inclusion in the Ummah. The term "Muslim" itself means "one who submits to
the will of Allah," and by being a part of the Ummah, Muslims are united in their submission to
Allah's commands.

Moreover, Surah Al-Imran (3:103) states, "And hold firmly to the rope of Allah all together and
do not become divided. And remember the favor of Allah upon you - when you were enemies
and He brought your hearts together and you became, by His favor, brothers. And you were on
the edge of a pit of the Fire, and He saved you from it. Thus, Allah does make clear to you His
verses that you may be guided."

In this verse, Allah emphasizes the importance of unity and warns against division among the
Muslims. It highlights the transformation of hearts from enmity to brotherhood, thanks to
Allah's favor. This unity is considered necessary to overcome challenges and promote the
guidance of Allah.

Furthermore, the Prophet Muhammad himself emphasized the concept of Ummah during his
lifetime. He established a sense of brotherhood among the early Muslims of different tribes and
backgrounds, unifying them under the banner of Islam. This brotherhood transcended any
tribal or ethnic loyalties and established the foundation for a strong Ummah.

The Prophet Muhammad said in a famous hadith, "The Muslims in their mutual love, kindness,
and compassion are like the human body where when one of its parts is afflicted, the entire
body feels pain." This hadith illustrates the interconnectedness of Muslims within the Ummah,
where they are supposed to care for one another, support each other, and share in each other's
joys and sorrows.

The Ummah, as a concept, embodies the principles of collective responsibility, support, and
cooperation. It encourages Muslims to work together for the greater good, both within their
communities and on a global level. Muslims are encouraged to support and assist one another,
regardless of their geographic location or cultural background, and to stand against any
oppression or injustice faced by fellow Muslims.

However, it is important to note that the concept of Ummah does not imply complete
uniformity among Muslims. The Ummah is a diverse entity comprising individuals from
various cultures, languages, and traditions. Differences in interpretation of certain matters and
practices are natural and expected, as long as they do not contradict the clear teachings of the
Quran and Sunnah.

In conclusion, the concept of Ummah represents the unity, solidarity, and shared responsibility
among all Muslims. It is based on the teachings of the Quran and Sunnah, emphasizing the
importance of cooperation, support, and love within the Muslim community. The Ummah
serves as a source of strength, guidance, and protection for Muslims, fostering a sense of
brotherhood that transcends geographic, ethnic, and cultural boundaries.

36. Explain the status and role of women in Islam.


In Islam, the status and role of women hold significant importance. While it is important to note
that interpretations and practices may vary across different cultural and geographical contexts,
I'll provide a general overview.
1. Equality and dignity: Islam emphasizes the fundamental equality and dignity of all human
beings, regardless of their gender. The Qur'an states that men and women are created from a
single soul and are equal in their spiritual nature (Qur'an 4:1). Islam recognizes women's rights
to education, work, own property, and participate in public life.

2. Spiritual roles: Women have the same religious responsibilities and accountability as men.
They are encouraged to acquire knowledge, perform acts of worship, engage in prayer, and
contribute to the spiritual development of their communities. Women are also allowed to hold
leadership positions and active roles in religious organizations.

3. Family and marriage: Islam places great emphasis on the family unit and sees marriage as a
partnership based on love, mercy, and mutual respect. While men and women have distinct
roles, they complement each other rather than implying superiority or inferiority. Women have
the right to choose their spouses, inherit, retain their surname, and maintain their financial
independence.

4. Modesty and dress code: Islamic teachings encourage modesty in both men and women.
Women are advised to dress modestly, which typically includes covering their bodies and hair
except in the presence of close family members. The interpretation and practice of modesty vary
across different cultures and traditions.

5. Legal rights and societal protection: Islamic law, known as Shariah, provides various legal
rights and protections for women. These include the right to own and inherit property, pursue
education, engage in business, receive financial support, and seek employment. In cases of
divorce, women have the right to financial support and child custody. However, it's important
to note that women's rights can be influenced by cultural practices and interpretations of
Shariah, which can sometimes lead to inequality and discrimination.

It is crucial to recognize that implementation and understandings of women's rights in Islam


can be influenced by cultural, social, and political factors. There are instances where cultural
practices or patriarchal interpretations have limited women's rights in some communities, but
these do not negate the underlying principles of gender equality and justice within Islamic
teachings.

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