Friday, May 23, 2008

Democracy And Rights In Islam

Peace of God and His mercy to you.

The talk about democracy in the media and between common people is very vague. The term is used to generally refer to elections and rights. But, what is the origin of democracy and what does it mean? And what are rights?

Does Islam Allow Democracy?
Democracy as a name looks very nice and seems beneficial. Democracy in the West is a system. Shari'a is a system. The difference is that in democracy people are free to do what they want while Shari'a is a system of guidance. And with guidance there are rules:
Democracy is a Greek word composed of two words "Demos" (people) "Kratos" (rule). It means the government run by the people of the country. It is a Western system that emerged in the wake of the tyranny practised by the monarchs with the support of church. So, the people staged a revolution against this system and called rule by the public. Therefore, democracy is contrary to Islam because Islam insists on the fact that Allah alone has the right of legislation while democracy means that the public has the right of legislation. Allah Says (interpretation of meaning): {… and He makes none to share in His Decision and His Rule."}[18: 26].

Allah also Says (interpretation of meaning): {… The command (or the judgement) is for none but Allâh. He has commanded that you worship none but Him (i.e. His Monotheism), …}[12: 40]. The Almighty also declares: {Do they then seek the judgement of (the Days of) Ignorance? And who is better in judgement than Allâh for a people who have firm Faith.}[5: 50]. There are many other verses that prove the same fact.

If it is said that there is no difference between democracy and the Islamic advisory system the response will be that the basic difference is that in Islamic system the advise is taken only in the incidents where there is no clear ruling of Shariah while democracy means that the public may cancel anything: well-established facts, rulings of Shariah, etc. In democracy the public is the highest authority to act as it wills.

Moreover, the members of an advisory board have certain characteristics while there is no difference between people in the democracy system; everyone is entitled to give his opinion.

Here, some people raised the following question "Why we should not take the merits of democracy and modify them to suit Islam and make it an Islamic democracy". We say that such claims are not correct and any benefit democracy could offer our religion possesses it perfectly and in a higher degree. However, if any democracy changes to suit Islam then it no longer will be a democracy, but a new system.

For more details in this subject, please read the book "The reality of democracy" written by Ahmad Shakir. Source: IslamWeb

So, is Islam oppressing the people? What is the purpose of Islam? Why Allah guided the people of Moses, Jesus, Mohammad and other Prophets? Why is there religions? Is the religion spiritual or life-guiding or both?

Islam is a religion that well guided its followers in many issues of life, such as marriages, divorces, trades, crimes, etc. No person can give a fair decision or system to control an issue. No collective group of people can give the best rule to an issue. The Creator, nevertheless, can. He created the people and knows the best for them:
Lo! ye are those who argue about that whereof ye have some knowledge: Why then argue ye concerning that whereof ye have no knowledge? Allah knoweth. Ye know not. (66) Al Imran 3:66

What Is The Islamic State Form Of Government?
This is a broad topic. It can be summarized as:
In general, nomination of a ruler in Islam is based on al-Shura (mutual consultation). Allah Says (interpretation of meaning): {…, and who (conduct) their affairs by mutual consultation, …} [42: 38]. He also Says: {…, and consult them in the affairs. …} [3: 159].

So, ahl-al-Hal wal 'Aqd (Influential people, those in power as representatives of the people) meet and consult and then nominate a ruler whom they think is qualified to the position of Khilafah (Caliphate). After that, they pledge allegiance to him and urge the Muslim Ummah to pay homage to him. So, he becomes entitled to manage all affairs, inner and outer, provided that he sticks to Shari'a and never violates its rulings.

Since most affairs of al-Siyasah al-Shar'iyah are subject to Ijtihad (independent judgment that is controlled by Shari'a in general), the ruler can compare between what is good and bad for the Muslim public, and then, choose what is better and more beneficial for the Ummah.

Here, we state that forming a government is subject to the principle of "To choose what is better and more beneficial for the Ummah". Thus, the Muslim ruler can form the government and choose the best people to be ministers. At the same time, the ruler may deputize ahl-al-Hal wal-'Aqd (The Islamic parliament) to form the government. In fact, there are many choices. Source: IslamWeb

Does Parliament Have Similar Characteristic With Shura?
The difference between governing the issues of the country in Islam and in other systems is:
  • Islam gives the governing authority to the experts.
  • Other non-Islamic systems give the governing authority to people elected whether they are experts or not.
Shura is the Islamic system of choosing the right people by the right people:
Al-Shura (Mutual consultation) is a pillar of ruling and governing in Islam. So, all decisions that are made by the state should be through Shura; decisions relative to war, peace, duties towards other countries, establishment of Hudud and amassing armies. In addition, organizing all the affairs of the state should all be made following the consultation of the responsible people of the Muslim community.

Muslims nowadays however do not apply this principle in their lives because of the wide gap existing between those times where the right application of Islam and the present influence of the culture of their enemies.

The Shura that was practised during the rule of the four Caliphs is different from a democratically elected Parliament. First, in Shura no one has the right to go beyond the texts that are in the Qur'an and the Sunnah or legislate something that does not conform to them.

The modern Parliaments make their own texts and have the right to pass legislation.

Second, in Shura only the scholars and experts are asked to give their opinions over a given issue while in Parliaments anyone who is elected has the right to participate in passing laws. In those procedures there is no difference between the opinion of a scholar and that of an ignorant person, or the opinion of an expert to that of a novice in the matter.

In Parliaments heads (votes) are counted but not weighed while in Shura they are weighed according to their knowledge and savoir-faire. This is the right logic.

No matter how many inexperienced people you put together, they won't be able to give the same valuable opinion as an expert and a scholar in the field.

There are many other differences between the Shura and the modern Parliaments. But it is sufficient that Shura is the way Allah has chosen for His servants. He is the one who knows His servants and creatures and what is good to them Allah Says (interpretation of meaning): {Should not He Who has created know? And He is the Most Kind and Courteous (to His slaves) All-Aware (of everything).} [67: 14]. Source: IslamWeb

So, the Parliament system is based on votes. What is important in this system is the quantity not the quality of the decisions. This can be very harmful since the decisions always affect different groups. In the other hand, Shura is a system that seeks justice for the most.

What Is The Political Side Of Islam?
In Islam, the rights of the Ummah (the Muslim community) as well as the rights of the non-Muslims living with Muslims are ensured to be fairly secured. The most important thing in Islam that deals with the life of the community is justice:
First, Muslim jurists are fully aware of the importance of politics in Islamic Shari'a so, they compiled many books dealing with this subject and this subject is discussed extensively in Fiqh books. Some books are as follows:
a) al-Siyasah al-Shar'iyah, written by Ibn Taymiyah.
b) al-Ahkam al-Sultaniyah, written by al-Mawardi.
c) al-Ahkam al-Sultaniyah, written by Abu Ya'la.
d) al-Turuq al-Hukmiyah Fi al-Siyasit al-Shariyah, written by Ibn al-Qayyim.
e) Giyath al-Umam, written by al-Juwany.

Second, politics in Islam is not isolated from faith and good character.

Third, Islamic politics assures the rights of individuals and society as well; it maintains the rights of both of them as long as there is no contradiction between them. In the case of contradiction between the right of the individual and that of the society, the general benefit will be preferred to the private one and the one who suffers damages will get compensation for that. Imam Shatibi said in his book 'al-Mufaqaat', 'the priority is given to public interest' .

Fourth, the system of ownership in Islam is very moderate. On one hand it approves the ownership of an individual with certain conditions. This is contrary to socialism. On the other hand it approves common property. This is contrary to capitalism.

Fifth, Islamic politics relies on the ways of consultation in opposition to 'dictatorship'. It also sets the basics for consultation, i.e. consultation would be limited only to the people concerned unlike democracy that takes the opinion of every person even from the rabble.

Sixth, Islamic politics emphasizes establishing the Caliphate; for Muslims that is the highest authority in the Muslim Ummah. The Prophet (Sallallahu Alaihi wa Sallam) was not buried after his death till Abu Bakr (Radiya Allahu Anhu) was made the Caliph of the Muslims. For more details, please read the book "Dirassat wa Buhooth Fi al-Fiker al-Islam", written by Dr. Fathi al-Darini. Source: IslamWeb

Since these topics are very specialized to be answered by an inexpert Muslim like me, you can always ask expert Muslim scholars about matters you do not know if you searched and did not find any answers for them. I recommend the fatwa (Q&A) service provided by the Islam Web Network. You can find this service here.