LECTURE THREE State and Islam

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 CONTEMPORARY STATE
State is the organization that issues and enforces binding rules for the
people within a territory and it is characterized by these four element;

Territory

people

Sovereignty and

Government
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Symbols of statehood:

Almost every state calls itself a ‘state’ and emphasises its

uniqueness by having a national anthem, a flag, a coat of
arms, a national currency, a national capital and a head of
state. States are acknowledged by other states as ‘states’,
and they exchange ambassadors.
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 TERRITORY
Territory can be said as terrain or geographical area. A state entails
a territory that it considers to be its own. This area can be as huge
as Russia, Canada, China, United States or India, as small as The
Netherlands or Switzerland, or even as tiny as Slovenia and
Tuvalu.
It can be an island or a continent (or, in the case of Australia,
both), and its borders may have been undisputed and secure for
centuries or constantly challenged. To the territory of a state
belongs the air space above it as well as its coastal waters. Less
precisely, we commonly use the term ‘country’.
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COUNTRIES WITH BORDER
DISPUTES

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 PEOPLE
State entails a people, that is, persons living together or
group of persons whose common consciousness and
identity makes them a collective entity. Here, too,
numbers are irrelevant (think of China, India, the Palau
Islands and Iceland).
To be a people, the individuals concerned must have
something in common, but exactly what they must share
to be called ‘a people’ – language, religion, a common
history, a culture – is a highly contested matter.
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 WORLD POPULATION
World population wasCOUNTRIES
estimated 7.6 billion in 2017. the top ten populous
countries are as here in the table below:

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TEN LEAST POPULATED
COUNTRIES

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 SOVEREIGNTY
A state is sovereign, that is, it holds the highest power and, in
principle, can act with complete freedom and independence: it has
sovereignty.

Simply, sovereignty can be said as the highest power that gives the
state freedom of action within its own territory. In other words,
Sovereignty is a claim to ultimate authority and power.
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POWER AND SOVEREIGNTY
Sovereignty means that a state is independent and not under
the authority of another state or ‘community’. Here, we
must distinguish between power and sovereignty: the USA
and Mauretania are equal as sovereign states, though the
USA is vastly more powerful. States are also sovereign in
principle, as we noted above.
This does not necessarily mean that they are free to do
whatever they want, because all sorts of factors may limit
their powers – other states, the global economy, even the
weather.
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Moreover, states may voluntarily limit their power by
signing international agreements, although if they are
sovereign states they may also decide to revoke these
agreements if circumstances change.

Power is the ability to make other people do what they do

not want to do. Power is the ability to apply force.

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 SOVEREIGNTY ENTAILS
RESPONSIBILITY
Each individual State has the responsibility to protect its
populations from genocide, war crimes, ethnic cleansing
and crimes against humanity. This responsibility entails
the prevention of such crimes, including their incitement,
through appropriate and necessary means. We accept that
responsibility and will act in accordance with it.
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 GOVERNMENT
Weber points to the fact that some actor or institution must
monopolize the legitimate use of physical force if the state is to
avoid the danger of anarchy and lawlessness. Usually, we call
this actor or institution the government of a state.

A government has a monopoly of the legitimate use of physical

force within a state. Securing internal and external sovereignty
of the state are major tasks of any government. 13
 CONCEPT OF THE STATE
Traditional Concept of the State:
The ancient Greeks were the first people in the world history
who had systematically thought about the nature and the
purpose of state which they called Polis or city state.
Their concept of state was ethical; they believed that it existed
to realize goodness.
As Aristotle said: the state came into being to make life
possible, it continues to exist to make it good.
According to the Greeks the city was, the state was ethical
society, its aim was to make man’s life good and perfect.
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The good life could be attained by education and equal and full
participation in all activities of the state by the citizens.
The ancient Greeks did not believe in the present-day dichotomy of
the individual versus state.
For them, the individual was an integral part of the state which
existed for the development of the self or personality of each citizen.
And this could be achieved by full participation and integration with
the state.
Some moral principles or virtues which the Greeks upheld were
justice, moderation (sophrosyne), pursuit of truth, honesty, duty to
the state, patriotism, etc.
Justice was a supreme political virtue.
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 CONCEPT OF STATE BY PLATO
Plato (427-347 B.C) was one of the greatest political
philosophers of ancient Greece and also all times.
His concept of state was deeply ethical. He believed that
knowledge was the supreme virtue and consisted in doing the
things for which an individual is by nature fit.
According to him, the state exists to attain the ideas of good
or virtue, which is possible only when it is based on the
principle of justice.
 According to him, the state like an individual, has three
virtues: Knowledge of the good, courage, and appetite or
desire. 16
They lie in three parts of human body; appetite in belly,
courage in chest or heart and knowledge of good in head.
Similarly, the state consisted of three classes, namely, the
artisans, the soldiers or defenders of the state and the
philosophic rulers.
Each of these classes has its own virtue. For example, the
artisan class possessed the virtue of appetite, the soldier or
defender class possessed the virtue courage and the
philosophic rulers possessed the supreme virtue of
knowledge of the good.

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Modern Concept of the State:
Modern concept of state is absolutely different from that of the
ancient times and medieval Europe. Briefly, it is secular, national
and legal.
Secularism:
By secular concept of the state is meant that the state is separate
from religion. It means in other words, that the state has nothing to
do with religion, while religion, i.e church is not to interfere in
matters of politics and state.
A secular state is not necessarily an irreligious state, but it believes
that religion is a private affair of the individual, in which it cannot
and should not interfere at all.
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In this respect, modern state is different from the Greek
concept which was ethical and from the Medieval
concept, which was deeply religious.
Secularism is a modern concept which first came into
being in the West during the early years of the twentieth
century, when politics was separated form religion in
almost all the Western countries.
Secularist ideas were first expressed by the thinkers and
philosophers of the Age of Englightenment in France
during the eighteenth century. They asserted that church
and state should be separated from each other.
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Nationalism:

Modern State is an national state. what is a nation? A nation is

a people united by the bonds of common language, religion,
culture or race and common historical experience, aspiring to
establish or maintain their separate and independent state.

In other words, a nation state means a people who are

conscious of their separate and independent national identity
under their separate and indepedent state.
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As such, a nation-state has two component elements:
Objectives:
Objective factors are common geography or territory,
common language, religion, culture and common historical
experience of national liberation struggles past and present.
Subjectives:
Subjective elements are the psychological factors of
national feelings and consciousness.
As matter of fact, the psychological factors of nationhood
are more important than the objective ones.
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Legalism:

Modern State is based upon law. Law means a general rule of

external conduct, passed and enforced by the state.

Law is an instrument of social control to prevent conflict,

violence, and crimes in society over such matters as property, life
and limb, honour and individual or group interests.

But law cannot exist without the coercive authority of the state
and its administrative and judicial systems.
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 THEORIES OF THE NATURE/ORIGIN OF THE STATE

For the moment, it is enough to note that political scientists,

historians and philosophers have presented a the following very
large and diverse array of theoretical approaches to the state and its
origin:

Constitutional

Ethical and moral

Conflict, Pluralist and other theories. 23

Constitutional theory:

According to these theories, the state is established by some agreement

or social contract between citizens and rulers that defines the major
functions and tasks of the state and the powers of its rulers.

Ethical and moral theory:

The starting point of these theories is how we can organize society so

that individuals can live together as peacefully and satisfactorily as
possible.
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Pluralist approaches:

Like conflict approaches, pluralist theories see the state as the main instrument for
the regulation of conflict and the reconciliation of competing interests. But rather
than arguing that the state is the instrument of the ruling class, pluralists see it as a
kind of referee that uses its legitimate authority (force if necessary) to make sure
that the interests of all groups are treated reasonably fairly.

Feminist theory of the state:

Feminists argue that the state has been used by men to control women, and that it
should now become the battle ground for women’s liberation. 25
Religious theory:
A variant of such views is the religious theories that argue
that the state should establish the rule of God on earth, or
else ensure that the state conducts its affairs according to
God’s intentions and rules.
Conflict approaches:
These theories stress the conflicting nature of interests and
values in society and see the state as a device to exercise
the power necessary to regulate these conflicts.
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 STATE DEVELOPMENT
Stein Rokkan discerned four stages in the development of
the modern state.

State formation

Nation building

Mass democracies

Welfare states. 27
State formation: penetration

In the first phase, elites took the initiative for the unification of a given
territory, usually the elites of major urban centers who consolidated their
control over peripheral and rural areas.

Nation building: (standardisation) During the second phase of nation building

the main concerns were cultural issues of a common language, religious
differences and compulsory education. The aim was to create feelings of a
common identity and a sense of allegiance to the political system among the
often disparate populations of the new states. 28
Mass democracies: equalisation

Although the nation-state is now the ‘property’ of its citizenry it was elites,

not masses, who originally created and ruled it. In the third phase the masses

conquered the right to participate in governmental decision making, and

hence democratic states (or democracies) were created.

Welfare states: Democracies that accept responsibility for the well-being of

their citizens, particularly by redistributing resources and providing services

for the young, old, sick, disabled and unemployed. 29

 ISLAMIC CONCEPT OF THE STATE

Islam is a complete code of life. It means that it takes a

comprehensive view of life and covers all its aspects and
phases. Nothing in human life and behavior is outside or
beyond Islam.
Unlike Christianity which declares separation of religion
from politics and church from the State, Islam does not
believe in the separation of religious from political life.
Hence, there is no secularism in Islam. In other words, Islam
takes an integrative part view of human life, which it declares
to be a preparation for the life Hereafter:
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The like in this world is meant for preparing for the
eternal life of the next world, which is everlasting.

The concept of the state in Islam Should therefore be

understood on the basis of this integrative principle of
Islam.
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 (1) SOVEREIGNTY OF ALLAH
Sovereignty of Allah is the fundamental principle of the Islamic concept
of state. The Holy Qur’an says “ To Him belong the dominion of the
heavens and of the earth. It is He who gives life and death, and he has
full knowledge of all things.”

Again: “ He is the First and the Last, the Evident and the immanent and
he has full knowledge of all things.” Again: “ The command is for none
but Allah.” and again: “ Allah has the power over all things.”
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In short, sovereignty is Islam does and can belong only to
Allah and none can claim to be sovereign. Allah is
sovereign, because He is omnipotent. Omniscient, Omni
competent and Omnipresent.
The principle of Allah’s sovereignty does not recognize
the possibility of dictatorship, absolute monarchy or
autocracy in an Islamic State.
It is because the basic allegiance of the Muslims is to God
and His law to which even the head of the state is
subservient.

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 (2) KHILAFAT
The Holy Quran proclaims the vicegerency of man. It says “ And when
thy Lord said unto the angles: Lo! I am about to place a vicegerency
(Khalifa) in the earth.”

It says further: “ Say, O Allah! Owner of Sovereignty! Thou givest

sovereignty unto whom thou wilt and withdrawest sovereignty from
whom thou wilt. Thou exaltest whom thou wilt and thou abasest whom
you wilt. In Thy hand is the good. Lo! Thou art able to do all things.”
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The institution of Khalifat or Caliphate came into being
after the demise of the Holy Prophet (Peace and Blessings
be on Him).
The Khalifat was also known as Imam, for he combined
both political and religious duties of leadership of the
Muslim community both in matters of the state as well as
of religion.
In practice also, the institution of Caliphate had a very
long history. It had existed from 632, when Hazrat Abu
Bakar became the first Caliph in the history of Islam,
down to 1924, when the Caliphate was formally abolished
by modern Turkey under Kemal Ataturk.
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 (3) GOVERNMENT BY CONSULTATION

Mutual consultation among the Muslims is a commandment of the

Holy Qur’an and an injuction of the Sunnah of the Holy Prophet
(P.b.u.h).
The Quran says in Surah 42 “When the said to put their trust in God,
when they are regarded as shuners of evil, when they are said to be
brave defenders of their rights they are praised for taking each other’s
counsel in time of need.”
It further says that “Not only that but apostle, while he is enjoined to
trust only in God when he has made up his mind, is also advised to
consult even those who are his enemies at heart.” (Surah 3:159)
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Is was also the practice of the Holy Prophet (p.b.u.h) who
consulted his companions in all matters of the state.

The institution of Majlis e Shoora was developed by the

Khulafa-e-Rashideen afterwards. This institution is the
foundation of democratic government in Islam.

(4) Obedience of the Awulal Amr or the Ruler:

The Quran Injuction calls upon the Muslims to obey the Awulal
Amr or the supreme commander among them.
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 (5) EQUALITY OF MANKIND
The fundamental doctrine of Islam is equality of mankind. It is
implied in the basis of Islamic teaching of Towhid or belief in
the unity of God. As Allama Iqbal puts it, “the essence of the
Towhid as working idea is equality, solidarity and freedom.”.

Accordingly, in Islamic polity there is no distinction or

discrimination of man and man on the ground of race, colour,
language, possession or country.
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 (6) ORDER GOOD AND PUNISH
WRONG
Islam enjoins the state to maintain morality. It asks the ruler to order
good and punish wrong: amr al-maruf wa’l nahi-an-al munkar.

The Quran also requires the Muslims to enjoin upon each to do good
and prevent others from committing wrong. These Quranic verses
are very significant in as much as they declare that the chief
objectives of the Islamic states is to be the enforcement of the duties
on the Muslims.
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 (7) PAYMENT OF ZAKAT

Collection of Zakat is one of the essential functions of the

Islamic State. It is also the primary duty of the Muslims,
who are enjoined to pay it as dutifully as they perform
five time prayers.

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 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
2. He must maintain law and order in the country
3. He must dispense justice and settle all cases in accordance with the
Shariah.
4. He should enforce the criminal code of the Quran, so that people might
live within the hudud of Allah. 41
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
Jihad against those who oppose Islam and bring the non-Muslims unto
the fold of Dar ul Islam
7. it is the duty of the Imam to collect Zakat and Kharaj, as required by
the injunctions of the Shariah.
8. he should pay allowances from the Bayt ul Mal to those who are
entitled to them and must not pay them before and after the duty time.

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9. he should appoint honest and sincere men to the
principle offices of the state and to the treasury (Bayt-ul
Mal) in order to ensure good and effective administration

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.

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 ELECTION OF THE CALIPH (IMAM)

Following the historical precedents of the Khulafa-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 eyesight, etc;

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4. integrity of physical organs

5. Wisdom

6. bravery and is capable of waging jihad against infidels

and

7. Qurayshite descent. He must belong to Banu Quraysh,

the tribe of Prophet (p.b.u.h)
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 MODE OF ELECTION
The Imam is appointed in one of the two ways;

1. he may be elected by the electoral college which

consists of the persons who are present in the capital

2. 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. 46
 DUTIES ON PEOPLE
If an Imam fulfils all the ten duties enumerated above, the
people must do the following duties;

I. They must obey him and

II. They should render him help in the defence and

security of the state.
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At the End

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