Heritage

Islam is the true religion of Allah, revealed through His messengers to humanity. It carried the message of freedom and justice to mankind, as Allah Almighty states:

{We have already sent Our messengers with clear proofs and sent down with them the Book and the balance that the people may maintain ˹their affairs˺ in justice.} [Al-Hadid 57:25]

When religious authorities in Europe distorted the true message of Jesus (peace be upon him), the Holy Qur'an was revealed to lift from humanity the grievances and shackles invented by clergy in the name of religion. Describing the Prophet Muhammad (pbuh) and his mission, Allah Almighty says:

{Those who follow the Messenger, the unlettered prophet, whom they find written in what they have of the Torah and the Gospel, who enjoins upon them what is right and forbids them what is wrong and makes lawful for them the good things and prohibits for them the evil and relieves them of their burden and the shackles which were upon them.} [Al-A'raf 7:157]

Therefore, European allegations against Islam lack any truthful foundation. It suffices to recall what a Muslim soldier told Rustam, the commander of the Persian army:

"Allah has sent us to bring forth whoever He wills from the servitude of creation to the worship of the Lord of creation, and from the injustice of worldly religions to the justice of Islam."

Islamic Safeguards for Rights and Freedoms

In man-made constitutional systems, constitutional guarantees protect individual and collective rights. However, because human beings author these constitutions, rulers retain the ability to suspend, amend, or interpret them in ways that consolidate executive power and privileges.

In contrast, Islamic safeguards are characterized by distinct fundamental features:

1. Divine Source and Inviolability

The rights granted to individuals, majorities, and minorities stem directly from the Holy Qur'an and the Sunnah of the Prophet (pbuh). Consequently, neither rulers nor populations possess the authority to revoke or alter them. Anyone who deems it permissible to void divine law exposes themselves to open disbelief (kufr bawah). As Allah Almighty states:

{It is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should have ˹any˺ choice in their affair.} [Al-Ahzab 33:36]

Hence, when a regional governor during the Caliphate of Umar ibn Abd al-Aziz sought to diminish the rights of Christian citizens, the Caliph reminded him: "We are followers, not innovators." In other words, no ruler has the authority to infringe upon a right explicitly granted in the Qur'an or Sunnah.

2. Self-Executing Rights

Most rights outlined in secular constitutions require secondary legislation and executive regulations before implementation—mechanisms easily manipulated by governments. By contrast, the rights established in the Qur'an and Sunnah are self-executing and do not depend on statutory laws or executive discretion. Consequently, rulers have no leeway to distort or compromise these fundamental rights.

3. Institutionalized Public Oversight

The Islamic system establishes robust popular oversight guarded by the Muslim community to challenge abuses of power by rulers or individuals. Allah Almighty commands:

{And let there arise out of you a band of people inviting to all that is good, enjoining what is right, and forbidding what is wrong.} [Ali 'Imran 3:104]

Furthermore, Prophet Muhammad (pbuh) warned, as recorded in Sahih Muslim:

"If people see an oppressor and do not restrain his hands, Allah will soon encompass them all with His punishment."

4. Accountability Through the Shura Council

The Shura (consultative) council—formed through free selection as commanded by the Prophet (pbuh)—serves as a primary pillar in safeguarding liberties. This body holds the authority to choose, hold accountable, and depose a ruler. Addressing seventy representatives of the Ansar, the Prophet (pbuh) instructed:

"Bring forth to me twelve leaders from among you who will be responsible for their people."

(Recorded in Fath al-Bari)

This form of oversight historically bound even autocratic leaders to respect rights and liberties. Even toward the end of the Ottoman Era, Sultan Selim I—known for his sternness—ordered the arrest of 150 warehouse keepers accused of negligence. The Grand Mufti, Alaeddin Al-Jamali, entered the Sultan's court and declared in front of ministers: "Islam does not grant you the right to punish these men." The Sultan retorted: "This is an interference in governance and lies outside the realm of religious scholars." The Mufti firmly responded: "No, we are addressing your religious duty and the rights of the subjects, which falls squarely within my role." The Mufti continued to refute the Sultan's arguments until the Sultan pardoned the detainees (The Principle of Legality in the Islamic System, Dr. Abdul Jalil Muhammad Ali, p. 263).

5. Separation of Powers

The structural separation between the legislative, executive, and judicial branches constitutes a constitutional cornerstone of the Islamic system. This principle is reflected in the Qur'anic verse:

{We have already sent Our messengers with clear proofs and sent down with them the Book and the balance that the people may maintain ˹their affairs˺ in justice. And We sent down iron, wherein is great military might...} [Al-Hadid 57:25]

• The Legislative Authority is represented by the Book (the Qur'an) and the Sunnah, which establish the principles of balance and justice:

{And He raised the heaven and imposed the balance, that you not transgress within the balance.} [Ar-Rahman 55:7-8]

• The Executive Authority is symbolized by "iron." As Ibn Taymiyyah explained, those who defy the legislative framework are held accountable through the executive enforcement of the law.

6. Judicial Safeguards and the Ombudsman Court (Wilayat al-Mazalim)

The judiciary in the Islamic system is a chief pillar for upholding legality. Recognizing its paramount importance, the Abbasid Caliph Harun al-Rashid established the office of Qadi al-Quda (Chief Justice), appointing the eminent jurist Abu Yusuf to lead, guide, and hold judges accountable.

Additionally, the Islamic legal architecture established Wilayat al-Mazalim (The Court of Grievances or Ombudsman). First practiced by the Prophet (pbuh) and continued by the Rightly Guided Caliphs, this specialized tribunal does not require a victim to formally file a complaint. It holds the ex-officio mandate to initiate investigations independently, recognizing that victims of state oppression may fear the wrath of powerful tyrants.

Wilayat al-Mazalim specifically addresses executive tyranny and official overreach, treating rulers and high-ranking government officials on equal footing with ordinary citizens—a level of legal accountability distinct from historical Western systems.

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Originally published in Mugtama Magazine, Issue No. 1349 (Tuesday, May 11, 1999)