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In any society, there exists a system of laws and regulations that
organizes the society and governs its various aspects. This setup
necessitates a political system, which is that institution charged
with the responsibility of implementing the law and applying the
system upon the society. As a result, in any society, there will be
rulers/leaders, or those with power and authority. If this power and
authority is unchecked or left to itself, it will ultimately lead to
abuse of this power and authority, which will result in a series of
consequences. Therefore, a necessary ingredient of any system is
what is called 'Checks and balances', or those elements which
establish a safeguard against abuses and excesses of power by those
who wield authority in the society.
The type of checks and balances will vary from one society to
another. The Islamic System has many checks and balances that, when
implemented, will ensure a smooth implementation of Islam while
simultaneously preventing the abuses of power and corruption from
taking root in the society. Following is a brief description of the
various checks and balances in the Islamic system:
Perhaps the greatest check and balance is the Taqwa of the
individual. Islam is much more than just a collection of rituals or
an abstract set of ideas; rather, Islam is a comprehensive way of
life that is rooted in a powerful set of concepts emerging from a
clear doctrine based on conclusive proofs. As a result, the Islamic
concepts are firmly rooted in the Muslim mentality, and this pushes
the Muslims to strive towards the Pleasure of Allah by obeying the
Commands of Allah while avoiding the Haram as a bare minimum. This
combination of hope for the Pleasure of Allah and fear of His
Punishment is known as Taqwa. The Taqwa of the individual is what
motivates the Muslims to strive towards higher and higher levels of
obedience to Allah and excellence in behavior and conduct, so much
so that many Muslims are motivated to strive far beyond the bare
minimum. With the complete and total implementation of the Islamic
System, this concept of Taqwa will not only manifest in the
individuals, but will be promoted and encouraged by the society at
all levels and its institutions, which in turn will enhance this
concept among the individuals.
Another important check and balance is the implementation of the
Islamic system itself. The Islamic system, when applied fully, will
create a set of norms and values that will raise the society to a
very high level of conduct. At the same time, the educational system
will not only work to promote these norms and values, but will
foster the Islamic concepts among the people and will encourage
thinking and creativity to the highest degree. This will create an
educated and aware populace with a very high standard of behavior
and conduct, and hence a very low tolerance for any corruption or
abuse. In this context, there will be very little room for anyone
with power to abuse his authority.
In addition, the nature of the Islamic text is another check and
balance, and this check and balance manifests in two aspects. First,
Islam clearly establishes that sovereignty belongs to Allah (swt),
and hence sovereignty belongs to what Allah revealed, which is the
text of the Qur'an and the Sunnah. Thus, the legislative sources in
Islam are protected from being altered, revised, or tampered with in
any manner, and any law, rule, opinion, action, or policy must refer
back to the Islamic sources of legislation. Secondly, the method by
which the Islamic legislative sources are understood is a
well-defined process composed of rules and parameters. This process
is not a 'secret' that is reserved to a few holy men, nor is it an
open-book that is open to any and all opinions. For example, every
rule derived from the text must have a valid evidence, and every
understanding must be compatible with the Islamic Aqeedah and cannot
contradict other conclusive texts, nor can it contradict the rules
and parameters of Arabic language and grammar. Whether one is
referring to ijtihad (deriving rulings from the text), tafseer
(understanding the Qur'an), or the science of hadith, all of these
fields are well-defined, and this safeguards the society from anyone
who would say or do anything 'in the name of Islam' and get
away with it.
Islam also has two other features that play a role in the overall
checks and balance system. The first aspect is related to the notion
that sovereignty belongs to Allah (swt). As a result, the only
unconditional obedience is to Allah and His Messenger, or the Qur'an
and the Sunnah. Beyond that, all other types of obedience are
conditional, and the conditions are set by the sovereign Shariah. In
order for the Khalifah to be selected, he must fulfill certain
essential conditions, among them that he be independent and sane. If
the Khalifah loses his sanity or becomes under the influence of an
outside entity, then he is dismissed immediately. Also, the Khalifah
does not assume power automatically, but rather he is selected by
the Muslims through a Bay'ah, which is a contract between the
Khalifah and the Muslims in which the Muslims will pledge full
obedience, IF AND ONLY IF he applies Islam. The most apparent
characteristics concerning himself in relation to his behaviour in
his capacity as a ruler are piety, kindness towards his citizens and
a strong personality i.e. his mentality must be one of ruling and
his behaviour that of a ruler. If he is weak and does not have the
mentality of a ruler nor his behaviour then he is not allowed to be
in a position of a ruler, not even over only two people.
It is reported in Sahih Muslim upon the authority of Abu Zarr that
the Messenger Muhammad (SAW) said: O Abu
Zarr! you are a weak person (in relation to ruling) and I like for
you what I like for myself, do not be in charge over two people or
even a guardian over an orphan.
Muslim also reported in his Sahih that Abu Zarr narrated: I asked
the Messenger of Allah (SAW): Oh Messenger of Allah! appoint me in a
position of responsibility, make me an 'Aamil (i.e. a state job
like a ruler or a collector of Zakat). He (SAW) tapped my shoulder
and said: Oh, Abu Zarr! you are weak and
this is a trust and a responsibility and in the hereafter there will
be humiliation (if you fail to fulfil the duty) and you will be
sorry except for those who earn the responsibility and fulfil their
duties.
If the Khalifah applies
non-Islamic legislation, then he loses his legitimacy and must be
removed , even if by force. Therefore, the Khalifah is bound in the
sense that he can only apply Islam, and therefore, he can be held
accountable before the Shariah. Secondly, because Islam creates
among its adherents a concern for the affairs of the society, the
political mentality is deeply ingrained among the Muslims, which
pushes the Muslims to always be aware of the affairs of the society
and be concerned about how Islam is being applied. In this context,
questioning the rulers, and holding the rulers accountable are
long-standing Islamic traditions that are encouraged by Islam and
even obligatory in some cases.
Other checks and balances that Islam includes are:
1). The political parties in Islam, which will function as a
watchdog against the State and the rulers, and will work within the
masses to maintain their level of awareness, and will serve as a
bridge between the people and the State.
2). The Court of Mazalim(unjust acts), which settles disputes between the
citizens and the State and its officials, and has the power to
discipline and/or remove any official, including the Khalifah. The
judges of the Mazalim court are selected by the Chief Judge, who is
selected by the Khalifah. However, once selected, they cannot be
removed, and the process of selecting, disciplining, and removing
judges in this court is strictly an internal affair that is handled
exclusively by the court. Thus, the Mazalim is essentially insulated
from any outside influence.
3). The Majlis As-Shura, composed of the representatives and opinion
leaders of the Muslims, which will serve as a forum for the Muslims
to voice their grievances and hold the rulers accountable.
4). The presence of Ulama (scholars and intellectuals) among the
Muslims, who will serve as opinion leaders among the masses. This
check and balance cannot be overlooked since Islam places a very
high rank among the scholars, which has caused them to have a very
high level of respect that continues to this day. Noteworthy to
mention is that, while the names of most of the Khulafah that ruled
the Muslims remain largely unknown by many Muslims, the names of the
prominent scholars are very well known.
In summary, the application of Islam includes the application of the
system of checks and balances. When the checks and balances are
applied correctly, then this will act as a safeguard that will
ensure that the State and all of its respective branches (the
Khalifah, governors, etc.) perform their task in the best possible
manner while eliminating the negative consequences of power and
authority, such as corruption, abuse of power, and extravagance. At
the very least, it would dispel the popularly-held notion among many
that Islam is an authoritarian system where the Khalifah acts as a
dictator who rules the society in a totalitarian manner.
Comments
When we say political parties we do not refer to parties which
work in cahoots with resort owners, elite gangsters and colonial
missionary
agencies.
Balances and checks can be applied only when the society has adopted
a viewpoint or idea (Islam,capitalism,communism).The Balances and checks
ensures that the viewpoint is completely adhered and protected from
other intellectual attacks.
Besides, the mere implementation of systems and laws does not lead
to revival. Revival occurs rather by establishing the rule on the
basis of the reviving idea. What is meant by establishing the rule
upon the idea is to make the Ummah perceive the idea with which we
aim to revive her and make her shape her life according to it and
proceed in the realm of life upon its basis; only then the rule can
be established through the Ummah on the basis of this idea and
revival will inevitably occur.
Revival is in essence to gather the Ummah around the idea and making
her proceed in her life on the basis of this idea, then to establish
the rule according to this idea. When Europe achieved her revival,
it was on the basis of the idea of separating the Deen from the
state and the idea of freedoms; and so did America. It is the
Islamic idea, brought by Mohammed (saw) from Allah (swt), that
generated revival for those who embraced it and established the rule
upon its basis. This serves as a proof about the fact that what
causes revival is the establishment of the rule on the basis of an
idea. On the other hand, proof of the fact that establishing the
rule upon a host of systems and laws does not generate revival is
what Mustafa Kamal Attaturk did. He adopted the Western laws and
systems(called 'constitutional reforms') and set about implementing them. He effectively managed to
implement them but he did not generate a revival, for Turkey never
revived but on the contrary declined even further. Turkey today is
one of the most declined countries. While Lenin, who came about the
same time as Mustafa Kamal, did manage to revive Russia in a
formidable manner when he established the rule on the basis of the
communist idea.
Starting the revival with constitutional reforms is like putting the
cart before the horse.Many unthinking people have jumped into the
bandwagon just for the sake of taking part in 'academic'
pleasure.These people, instead of demonstrating the inherent
structural flaws of the capitalist ideology has started to debate
whether 'this capitalist law is better than capitalist law'.What is
needed at this juncture is a honest appraisal of the capitalist
system. Our intellectual discussions should not proceed on a basis
thrown by the kuffar.
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