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Law - Nation




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Lesson 80
State (1)

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Main Points

·   Muslims are one nation striving for unity, cooperation and solidarity.

·   Propagation of Islam and raising its word high is the prime message of the Islamic nation.

·   Public morality, that is, enjoining right and prohibiting wrong is an individual obligation on Muslim rulers and a communal one on the rest of the nation.

·   Changing the wrong by hand is a duty on the rulers, a duty on every Muslim at his home and in any task he assumes. Changing evil actions by words and the heart, is a duty on both rulers and people.[1]

·        The basis of all rulings in Islamic law is in the Qur’an and Sunnah, or agreed upon by Muslim scholars. Otherwise, the nation can make laws according to the general aims of Shari`ah and public interest as long as they do not contradict any text or judgment of Shari`ah.

·      Rulers must be from the best-qualified Muslims, and chosen by majority consent of the Muslims and given free pledge of allegiance.

·       Shura (consultation) is a basic principle that should be sought by the ruler in government in a way that does not contradict an express text in Qur’an or Sunnah.

·     Justice is the basis of governing the Muslim society. Elements of justice are: the sovereignty of Shari`ah over everybody without discrimination, personal punishment applied to the perpetrator only, and no law is executed retrogressively.


Evidence of Qur'an and Sunnah

The unity of the Muslim nation:

Allah says:

]إِنَّ هَذِهِ أُمَّتُكُمْ أُمَّةً وَاحِدَةً وَأَنَا رَبُّكُمْ فَاعْبُدُونِ[
(الأنبياء: 92)

This means: “Truly! This, your Ummah [Shari`ah or religion (Islamic Monotheism)] is one religion, and I am your Lord, therefore worship Me (Alone).” (21, Al-Anbiya’: 92)

Allah says:

]وَإِنَّ هَذِهِ أُمَّتُكُمْ أُمَّةً وَاحِدَةً وَأَنَا رَبُّكُمْ فَاتَّقُونِ[
(المؤمنون: 52)

This means: “And verily! This your religion (of Islamic Monotheism) is one religion, and I am your Lord, so keep your duty to Me.”
 (23, Al-Mu’minun: 52)

Allah says:

]وَاعْتَصِمُواْ بِحَبْلِ اللّهِ جَمِيعًا وَلاَ تَفَرَّقُواْ وَاذْكُرُواْ نِعْمَةَ اللّهِ عَلَيْكُمْ إِذْ كُنتُمْ أَعْدَاء فَأَلَّفَ بَيْنَ قُلُوبِكُمْ فَأَصْبَحْتُم بِنِعْمَتِهِ إِخْوَانًا وَكُنتُمْ عَلَىَ شَفَا حُفْرَةٍ مِّنَ النَّارِ فَأَنقَذَكُم مِّنْهَا كَذَلِكَ يُبَيِّنُ اللّهُ لَكُمْ آيَاتِهِ لَعَلَّكُمْ تَهْتَدُونَ. وَلْتَكُن مِّنكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ وَأُوْلَـئِكَ هُمُ الْمُفْلِحُونَ. وَلاَ تَكُونُواْ كَالَّذِينَ تَفَرَّقُواْ وَاخْتَلَفُواْ مِن بَعْدِ مَا جَاءهُمُ الْبَيِّنَاتُ وَأُوْلَـئِكَ لَهُمْ عَذَابٌ عَظِيمٌ[ (آل عمران: 103 105)

This means: “And hold fast, all of you together, to the Rope of Allah (i.e. this Qur’an), and be not divided among yourselves, and remember Allah’s Favor on you, for you were enemies one to another but He joined your hearts together, so that, by His Grace, you became brethren (in Islamic Faith), and you were on the brink of a pit of Fire, and He saved you from it. Thus Allah makes His Ayat (proofs, evidences, verses, lessons, signs, revelations, etc.,) clear to you, that you may be guided. Let there arise out of you a group of people inviting to all that is good (Islam), enjoining Al-Ma’ruf (i.e. Islamic Monotheism and all that Islam orders one to do) and forbidding Al-Munkar (polytheism and disbelief and all that Islam has forbidden). And it is they who are the successful. And be not as those who divided and differed among themselves after the clear proofs had come to them. It is they for whom there is an awful torment.
(3, Al-`Imran: 103 - 105)

The Prophet of Allah (peace be upon him) said:

“Muslims are equal with respect to blood. The lowest of them is entitled to give protection on behalf of them, and the one residing far away may give protection on behalf of them. They are like one hand over against all those who are outside the community.” (Reported by An-Nasa’i)

The role of the Muslim nation:

Allah says:

]كُنتُمْ خَيْرَ أُمَّةٍ أُخْرِجَتْ لِلنَّاسِ تَأْمُرُونَ بِالْمَعْرُوفِ وَتَنْهَوْنَ عَنِ الْمُنكَرِ وَتُؤْمِنُونَ بِاللّه[
(آل عمران: 110)

This means: “You [true believers in Islamic Monotheism, and real followers of Prophet Muhammad SAW and his Sunnah (legal ways, etc.)] are the best of peoples ever raised up for mankind; you enjoin Al-Ma'ruf (i.e. Islamic Monotheism and all that Islam has ordained) and forbid Al-Munkar (polytheism, disbelief and all that Islam has forbidden), and you believe in Allah.” (3, Al-`Imran: 110)

Allah says:

]وَكَذَلِكَ جَعَلْنَاكُمْ أُمَّةً وَسَطًا لِّتَكُونُواْ شُهَدَاء عَلَى النَّاسِ وَيَكُونَ الرَّسُولُ عَلَيْكُمْ شَهِيدًا[ (البقرة: 143)

This means: “Thus We have made you (true Muslims - real believers of Islamic Monotheism, true followers of Prophet Muhammad (peace be upon him) and his Sunnah (legal ways)) a just (and the best) nation, that you be witnesses over mankind and the Messenger (Muhammad (peace be upon him)) be a witness over you.” (2, Al-Baqarah: 143)

Allah’s Messenger (peace be upon him) said:

“The one who sees something detestable, let him change it with his hand, if he can not, then with his tongue and even if he is not able, then with his heart, and that is the weakest form of faith.” (Reported by Muslim)

The legislation of the Muslim nation:

Allah says:

]وَأَنِ احْكُم بَيْنَهُم بِمَآ أَنزَلَ اللّهُ وَلاَ تَتَّبِعْ أَهْوَاءهُمْ وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَا أَنزَلَ اللّهُ إِلَيْكَ فَإِن تَوَلَّوْاْ فَاعْلَمْ أَنَّمَا يُرِيدُ اللّهُ أَن يُصِيبَهُم بِبَعْضِ ذُنُوبِهِمْ وَإِنَّ كَثِيرًا مِّنَ النَّاسِ لَفَاسِقُونَ. أَفَحُكْم الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللّهِ حُكْمًا لِّقَوْمٍ يُوقِنُون[
(المائدة: 49 - 50)

This means: “And so judge (you O Muhammad SAW) between them by what Allah has revealed and follow not their vain desires, but beware of them lest they turn you (O Muhammad SAW) far away from some of that which Allah has sent down to you. And if they turn away, then know that Allah's Will is to punish them for some sins of theirs. And truly, most of men are Fasiqun (rebellious and disobedient to Allah). Do they then seek the judgement of (the Days of) Ignorance? And who is better in judgement than Allah for a people who have firm Faith.” (5, Al-Ma’idah: 49 - 50)

Allah says:

]أَلَمْ تَرَ إِلَى الَّذِينَ يَزْعُمُونَ أَنَّهُمْ آمَنُواْ بِمَا أُنزِلَ إِلَيْكَ وَمَا أُنزِلَ مِن قَبْلِكَ يُرِيدُونَ أَن يَتَحَاكَمُواْ إِلَى الطَّاغُوتِ وَقَدْ أُمِرُواْ أَن يَكْفُرُواْ بِهِ وَيُرِيدُ الشَّيْطَانُ أَن يُضِلَّهُم ضَلاَلاً بَعِيدًا. وَإِذَا قِيلَ لَهُمْ تَعَالَوْاْ إِلَى مَا أَنزَلَ اللّهُ وَإِلَى الرَّسُولِ رَأَيْتَ الْمُنَافِقِينَ يَصُدُّونَ عَنك صُدُودًا[
(النساء: 60 - 61)

This means: “Have you seen those (hyprocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement (in their disputes) to the Taghut (false judges, etc.) while they have been ordered to reject them. But Shaytan (Satan) wishes to lead them far astray. And when it is said to them: "Come to what Allah has sent down and to the Messenger (Muhammad SAW)," you (Muhammad SAW) see the hypocrites turn away from you (Muhammad SAW) with aversion. (4, An-Nisa’: 60 - 61)

The Prophet (peace be upon him) said:

“I have left among you the Book of Allah and my Sunnah, and if you hold fast to them, you would never go astray.”
(Reported by Al-Hakim)

 Ruling Muslims:

`Abdur-Rahman Ibn Samurah narrated that the Prophet told him:

“Do not seek to be a ruler, because if you are given authority for it, then you will be held responsible for it, but if you are given it without asking for it, then you will be helped in it (by Allah).” (Reported by Al-Bukhari and Muslim)

The Messenger of Allah (peace be upon him) said:

“You will be greedy for getting a position of authority, but remember that it will be a cause of humiliation and regret on the Day of Resurrection.
(Reported by Al-Bukhari)

He (peace be upon him) also said:

“There will be three types of people whom Allah will neither speak to them on the Day of Resurrection nor will purify them from sins, and they will have a painful punishment: The first is a man possessed superfluous water (more than he needs) on a way and he withholds it from the travelers. The second is a man who gives a pledge of allegiance to an Imam (ruler) and gives it only for worldly benefits, if the Imam gives him what he wants, he abides by his pledge, otherwise he does not fulfill his pledge. The third is a man who sells something to another man after the `Asr prayer and swears by Allah (a false oath) that he has been offered so much for it whereupon the buyer believes him and buys it although in fact, the seller has not been offered such a price.” (Reported by Al-Bukhari and Muslim)

He (peace be upon him) also said:

“Swear allegiance to me that you will not associate anything with Allah, that you will not commit adultery, that you will not steal, that you will not take any life which is forbidden by Allah to take but with (legal) justification; and whoever among you fulfils it, his reward is with Allah and he who commits any such thing and is punished for it, that will be all atonement for it and if anyone commits anything and Allah conceals (his faults), his matter rests with Allah; He may forgive if He likes, and He may punish him if He likes.” (Reported by Al-Bukhari)


Allah says:

]وَالَّذِينَ اسْتَجَابُوا لِرَبِّهِمْ وَأَقَامُوا الصَّلاةَ وَأَمْرُهُمْ شُورَى بَيْنَهُمْ وَمِمَّا رَزَقْنَاهُمْ يُنفِقُون[ (الشورى: 38)

This means: “And those who answer the Call of their Lord [i.e. to believe that He is the only One Lord (Allah), and to worship none but Him Alone], and perform As-Salah (Iqamat-as-Salah), and who (conduct) their affairs by mutual consultation, and who spend of what We have bestowed on them.” (42, Ash-Shura: 38)

Allah says:

]فَبِمَا رَحْمَةٍ مِّنَ اللّهِ لِنتَ لَهُمْ وَلَوْ كُنتَ فَظًّا غَلِيظَ الْقَلْبِ لاَنفَضُّواْ مِنْ حَوْلِك فَاعْفُ عَنْهُمْ وَاسْتَغْفِرْ لَهُمْ وَشَاوِرْهُمْ فِي الأَمْرِ فَإِذَا عَزَمْتَ فَتَوَكَّلْ عَلَى اللّهِ إِنَّ اللّهَ يُحِبُّ الْمُتَوَكِّلِينَ[ (آل عمران: 159)

This means: “And by the Mercy of Allah, you dealt with them gently. And had you been severe and harsh­hearted, they would have broken away from about you; so pass over (their faults), and ask (Allah's) Forgiveness for them; and consult them in the affairs. Then when you have taken a decision, put your trust in Allah, certainly, Allah loves those who put their trust (in Him).” (3, Al-`Imran: 159)


Allah says:

] إِنَّ اللّهَ يَأْمُرُكُمْ أَن تُؤدُّواْ الأَمَانَاتِ إِلَى أَهْلِهَا وَإِذَا حَكَمْتُم بَيْنَ النَّاسِ أَن تَحْكُمُواْ بِالْعَدْلِ[ (النساء: 58)

This means: “Verily! Allah commands that you should render back the trusts to those, to whom they are due; and that when you judge between men, you judge with justice.” (4, An-Nisa’: 58)

 Allah’s Messenger (peace be upon him) said:

“Verily, I am a human being, and the claimants bring to me (the dispute) and perhaps some of them are more eloquent than others. I judge them to be on the right, and thus decide in their favor. So that whom I, by my judgment, (give the undue share) out of the right of a Muslim, I thus give him a part of Fire.”
(Reported by Al-Bukhari and Muslim)

He (peace be upon him) also said:

“O people, those who have gone before you were destroyed because if anyone of high rank committed theft amongst them, they would spare him. If anyone of low rank committed theft, they would inflict the prescribed penalty upon him. By Allah, if Fatimah, the daughter of Muhammad, were to steal, I would have her hand cut off.” (Reported by Al-Bukhari and Muslim)

Personal punishment should be applied to the perpetrator only:

Allah says:

]وَلاَ تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَى[
(الزمر: 7)

This means: “No bearer of burdens shall bear the burden of another.”
 (39, Az-Zumar: 7)

Allah says:

]وَلاَ تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَى[
(الأنعام: 164)

This means: “No bearer of burdens shall bear the burden of another.”  (6, Al-An`am: 164)

Allah says:

]وَلاَ تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَى[
(فاطر: 18)

This means: “And no bearer of burdens shall bear another's burden.” (35, Fatir: 18)

Allah says:

]أَلا تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَى[ (النجم: 38)

This means: “That no burdened person (with sins) shall bear the burden (sins) of another.” (53, An-Najm: 38)

Legislation can not be applied retrogressively:

Allah says:                                          

]وَمَا كُنَّا مُعَذِّبِينَ حَتَّى نَبْعَثَ رَسُولاً[
(الإسراء: 15)

This means: “And We never punish until We have sent a Messenger (to give warning).” (17, Al-Isra’: 15)