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.

A Response To "A Democratic Islam?"

Peace of God and His mercy to you.

I was searching on the Internet about Israel and how barbaric it is (I wanted to see how different people see Israel). I found this article, A Democratic Islam?, and I commented on it. Here is my comment which I hope it will be published for the truth to be known:

I really do not understand the word "democratic". So. I looked up democracy and found it means:

the political orientation of those who favor government by the people or by their elected representatives.

So, it means choosing a person as a ruler or a person responsible for others. As a Muslim living in a Muslim country, I believe Islam is democratic. Islam allows the people to choose who they see fit to be a ruler. For example, Prophet Muhammad grouped the people and told them about Islam. If they accepted it, they followed it. If they did not accept it, they were allowed to stay with the Muslims peacefully but paying Al Jizaya. Before the Prophet died, he asked Abu Bakr and his companions to choose a Caliph who would guide the people. It says in the Quran:

"And those who answer the call of their Lord and establish worship, and whose affairs are a matter of counsel, and who spend of what We have bestowed on them, (38) Ash Shura 42:38"

So, democracy is listening to the people. It is insured in Islam!

Now, I hear people say Muslims are not democratic in terms of freedom. Freedom is allowed. But, over freedom which hurts the person or/and harms people is not allowed. People need to be controlled for their protection and for the protection of others. Let me give the example of drinking alcohol. It is forbidden in Islam because it is harmful to the health of the person, drunkards hurt themselves and the people around them, drunkards cause car accidents, ..etc. The freedom of expression is an important issue which is not controlled internationally, I mean people think it is absolute. If it is absolute, many use it to harm people, races and groups. There were cases in my country were people used the Internet to badmouth people and say bad things to drive others to do the same thing. This is wrong. This is not expressing. This is verbal attacking. There were other similar cases in other countries. People just do not look more into why these people are arrested, or they just accept that verbal attacking is related to the right of expression. I have the right to express myself here, right? I am expressing myself, but I did not attack anyone or anything verbally. Allah forbade it. The Messenger of Allah (PBUH) said:

"A true believer is not involved in taunting, or frequently cursing (others) or in indecency or abusing.''

What is also democratic? Women rights or rights in general. These rights are secured in Islam. But, with control. And reasons. These are logical reasons. People mix absolute freedom with rights. There are no infinite rights. Do I have the right to cut my arm? What will it benefit me? If I have given the right to adultery, will it benefit me? I am practicing my right of worship, travel, partying, shopping, choosing my husband, deciding to work or not, when to sleep, when to play,... etc. I do not see myself different than a Western girl except in:

(1) I do not engage in relationships outside of wedlock: just wrong. Get married. Marriage to have children and to have my right of pleasure.
(2) I am decent in my clothes outside my home: decency is something good. Christian nuns are decent. Why Muslim girls are always attacked? I am not oppressed. How come my veil oppress me? I do not know.

Also, the rights of non-Muslims are secured in my country. They are allowed to live, to shop, to pray, to travel, access treatment, etc. Allah says:

"Allah forbids you not, with regard to those who fight you not for (your) Faith nor drive you out of your homes, from dealing kindly and justly with them: for Allah loveth those who are just. (8) Al Mumtahina 60:8"

And I want to clarify things: there is no classes among people on Muslims lands. I do not know what second-class citizenship is. All people have the same rights on the land, unlike what we hear of the problem of illegal immigrants in the West. Those who enter our land as described "visa and etc." have similar rights as the land owners have: access to water, electricity, treatment, education, etc. Maybe you are meaning free things? Nothing is free in this world. Illegal immigrants are not tortured. They are given food and water, and they are taken back to their countries freely.

And for the topic of jihad. Jihad is struggling, not imposing Islam on people or killing. Jihad is what happening in Palestine: Palestinians struggling to defend their lands and themselves. Jihad is in many types in Islam: struggle against temptations, struggle in doing work and in learning, and struggle in spreading Islam. Muhammad started spreading Islam among the people around him not by sword, but by wisdom. The first woman to enter Islam was Khadija who liked the behavior of Muhammad in trade and she married him. Jihad in Islam is to fight those who fight us and who start hostilities against us. It is forbidden in Islam to start the hostility:

"Fight in the way of Allah against those who fight against you, but begin not hostilities. Lo! Allah loveth not aggressors. (190) The Cow 2:190"

The problem is with the people who do not understand Islam. Did not you know that many non-Muslims did not know about Islam except its name until the 9/11 attacks?

Do you know that Osama Bin Laden was not a Muslim scholar and that he was a rich business man?

In Islam, those who spread fear among the people through weapons, killing, and kidnapping are asked to repent. If they refuse they must be killed. Al Qaida is causing people to hate Islam and fight it. Allah said about those people who frighten people:

"The only reward of those who make war upon Allah and His messenger and strive after corruption in the land will be that they will be killed or crucified, or have their hands and feet on alternate sides cut off, or will be expelled out of the land. Such will be their degradation in the world, and in the Hereafter theirs will be an awful doom; (33) Save those who repent before ye overpower them. For know that Allah is Forgiving, Merciful. (34) The Table 5:33-34"

Anyways, back to democracy or elections. I agree that elections are important. And that choosing a person is not by counting a number of papers put in boxes. The Muslim leader must be fair in everything. People must select a fair leader.

We cannot speak about Hamas here. Hamas is a strong group and is elected to protect the Palestinians. Palestine is not a country, sadly. It is not given the right to have relationships with other countries. How could a ruler control the country or help the people if poverty is imposed on them?!

And if you talk about elections, it means votes. If the people chose the ruler, they had their right. It is the turn of the ruler to be fair. There are many Muslim countries I can say they are democratic.

In conclusion, elections do not go against Islam. Islam is not against elections. Elections were practiced in the time of Muhammad, after and before his time. Of course, these elections were not papers thrown in a box! It was Shura (discussing who is fit, or what is fit, and then coming to an agreement about it). And there is a whole chapter in Quran named Shura.

I do not know where this idea came from that Islam is against *elections*.