Since the creation of mankind, they have sought to establish systems that allow for the management of societies and the organization of relationships between people. Primitive tribal, clan, and feudal systems emerged, followed by more advanced systems such as imperial, monarchical, and republican systems. These systems may approach or avoid justice and achieve it for their citizens. Consequently, there has been recent research into a system that achieves justice, equality, and prosperity for its citizens under the name of "Good Governance," a contemporary term that emerged in the late twentieth century due to the shortcomings of governmental administrations in most countries and their failure to confront corruption and achieve development. Since then, it has been adopted in the literature and documents of the United Nations and international organizations, becoming one of the common international concepts.
Definitions of Good governance vary, but they generally agree that it refers to a system of governance based on free choice, subject to legal accountability, and working to safeguard the interests of its citizens without racial or religious discrimination, aiming to achieve their economic well-being.
Despite the novelty of the concept, it has roots in Islamic historical experience. Muslims referred to the era of the Four Rightly Guided Caliphs as the "Good Caliphate," where "Goodness" in language conveys meanings of uprightness, guidance, truthfulness, and correctness, contrasting with misguidance or error. It is based on definitive texts from the Quran and Sunnah, as well as historical experience that translated these definitive texts, and theoretical frameworks and principles developed by jurists to regulate the relationship between the ruler and the subjects.
Whichever State Achieves Righteous is Legitimate Regardless of Whether it is Imperial, Monarchical, or Emirati Top of Form
The theories of jurists constitute a valid resource that can be utilized to regulate the relationship between rulers and the ruled in every era, under certain conditions, including: a profound understanding of the texts of the jurists and their intentions in accordance with the requirements of their time, a precise understanding of the demands of contemporary reality, and an attempt to bridge the gap between traditional texts and modern knowledge for the development of the structure of Islamic political theory.
In general, the jurists have elaborated on the nature of the governance system that brings people closer to righteous and further from corruption. It is important to note that they discussed the essence of governance and did not stop at its superficial aspects. They considered any state, regardless of its form; whether it was imperial, monarchical, or an emirate, legitimate if it achieves righteous. Additionally, they delved into the components upon which this good governance is based, mentioning many factors such as:
- Free Choice of the Ruler and Limitation of His Powers:
This principle has been affirmed practically through the selection process of the Four Rightly Guided Caliphs. The theoretical determination of this principle can be found in the discussions formulated by jurists in books of political jurisprudence under the category of "Imamate," describing it as a "contract" involving two parties. Contracts are only valid with mutual consent, and the Imamate is based on free choice. The Caliph or ruler, according to the contract, is not infallible, nor is he recipient of revelation. He does not have the right to monopolize the interpretation of the Quran and Sunnah; rather, he and all scholars are equal in this regard. They only differ in the clarity of intellect and accuracy in judgment. Moreover, obedience to him is not absolute; he is obeyed as long as he follows the evidence and adheres to the path of the Quran and Sunnah. If he deviates from them in his actions, it becomes obligatory to remove him, as Imam Muhammad Abduh stated.
Since the caliphate represents the authority of the lawgiver, or as Al-Mawardi defined it, "Imamate is a matter of succession to prophethood in safeguarding religion and managing worldly affairs," it is essential to consider the prophetic political practices based on the principle of consultation (Shura). How many times did the Prophet consult his companions in matters of war and politics? How many times did he change his opinion in favour of a suggestion made by one of his companions, seeing it as beneficial for the community? Therefore, jurists concluded that it is crucial for the Imam (ruler) to consult in all matters where there is no explicit text from Allah and His Messenger, nor a valid consensus to be relied upon, especially in the implementation of textual injunctions, as these may vary depending on time and place.
The Islamic Sharia has defined the principles of good governance in free choice, justice, consultation, freedom, and accountabilityTop of Form
In this sense, he is not an absolute ruler, but rather constrained by the Quran, Sunnah, and consultation, which are established by Quranic text and prophetic practice. Some scholars of the early generations even argued that the Prophet, peace be upon him, was not in need of consultation, and if it were not for the divine will making it a legal principle, Allah would not have commanded it. It should be noted in this context that the Messenger, peace be upon him, did not establish an institutional framework for practicing consultation but rather left general guidelines and principles. This is due to the variation in systems across different eras and circumstances of the Ummah, making it impossible to establish a framework suitable for all times and conditions. Otherwise, interests would be neglected, and people would be constrained in managing their social affairs.
It is the central value in Islam, and Allah Almighty has urged His servants to establish justice among themselves. Allah says: "Indeed, Allah commands justice, grace, as well as generosity to close relatives. He forbids indecency, wickedness, and aggression. He instructs you so perhaps you will be mindful." (Surah An-Nahl, 16:90). Based on this, jurists who have delved into the rulings of caliphate concluded that there is a "House of Justice," which is the Islamic state where the Imam is appointed to establish justice among people. This is one of his most important duties. Opposite to it is the "House of Injustice and Oppression," where governance is not according to what Allah has revealed, meaning without justice.
Justice is manifested in judiciary and arbitration, the distribution of public wealth, provision of public services, and equal opportunities without discrimination. Without justice, there is oppression, as Ibn Khaldun stated, "Oppression leads to the destruction of civilizations." One of the essential aspects of justice is equality before the law without discrimination between Muslims and non-Muslims. Shariah has affirmed the principle of equality between litigants before the judiciary regardless of their religion, and there are numerous examples of this in the jurisprudential and judicial literature.
It is also an Islamic value and a necessity of human existence and social interaction. Derivatives of freedom are mentioned several times in the Quran, such as freedom and liberation. The Quran provides an example illustrating the importance of freedom and its impact on human choice, as Allah says: "Allah presents an example: a slave [who is] owned and unable to do a thing and he to whom We have provided from Us good provision, so he spends from it secretly and publicly. Can they be equal? Praise to Allah! But most of them do not know." (Surah An-Nahl, 16:75). Freedom is the basis for accountability, as there is no accountability without freedom. Many obligations are lifted in a state of slavery and coercion. Islam has guaranteed all freedoms, including political freedom, which encompasses freedom of expression, criticizing the ruler, and calling for his accountability and removal if he errs. By emphasizing freedom, Islam undermines the pillars of political tyranny.
In conclusion, Islamic Sharia has laid down the principles of a righteous good governance and defined them in terms of free choice for the ruler, justice, consultation, freedom, accountability, transparency, and more. These principles align with contemporary efforts to build what is termed as good governance.Top of Form
-------------------------------------------------------------
Read the Article in Arabic
