Good Governance Between the Objectives of Sharia and the Obligations of Reality

By Dr. Wasfi Ashour Abu Zeid May 21, 2024 64

 

 

Allah Almighty created His creation and predisposed them towards certain matters, among which is that human life inevitably requires a system to govern and guide it. This is evident in animals, as the jungle has its ruler, the lion, flocks of birds in the sky have a leader they follow, and the world of ants has a known system and arrangements.

If this is established and understood as necessary in the lives of creatures, then what about human life? And what about it within the framework of the Islamic system; belief and law, ethics and governance, and a constitution for life that extends its authority over everything?!Top of Form

Allah Sent Prophets to Establish His Rule on Earth, Leaving People Free to Choose Their Beliefs Without Compulsion

The Noble Quran was revealed, and the Prophetic Sunnah elucidated the features of human interaction, which we cannot conceive without a system that manages people's lives, establishes their interests, governs their affairs, and protects them from harm. Hence, Ibn Aqeel defined politics as follows: “Politics is whatever action brings people closer to righteousness and further from corruption, even if it was not laid down by the Prophet, peace be upon him, nor was it revealed through revelation.” (1)

Emphasizing the necessity of "governance" despite being instinctual

Despite the fact that the religious texts do not often emphasize what sound reasoning and human nature dictate, scholars have affirmed the obligation to establish governance or appoint a ruler. Al-Mawardi said: "Imamate is established for the preservation of religion and the management of worldly affairs. Its appointment for those capable of fulfilling it in the nation is obligatory by consensus, even if the deaf ones (ignorant) disagree... Is the caliphate obligatory by Sharia or by reason? There is a difference regarding its obligation: is it obligatory by reason or by Sharia? Some said: it is obligatory by reason due to the inclination of the rational to submit to a leader who prevents them from conflict, and resolves disputes among them. Without rulers, they would be in chaos and disorder." (2)

All this talk is aimed at casting doubt on whether heavenly revelation descended for governance and sovereignty. In our modern era, this was vehemently rejected by Ali Abdel-Razek and others, so it was necessary to clarify and provide evidence for it.

The Prophets Came with Governance and Sovereignty by Divine Law

The prophets were sent by Allah to establish His rule on earth, to enforce the authority He revealed to them upon creation, leaving people to their beliefs without coercion to adopt or believe in anything. This is not exclusive to David and Solomon alone. Allah said to David: ‘O David, indeed We have made you a successor upon the earth, so judge between the people in truth and do not follow [your own] desire, as it will lead you astray from the way of Allah.’ Indeed, those who go astray from the way of Allah will have a severe punishment for having forgotten the Day of Account.” (Quran, 38:26). And about Solomon, it was said: “And Solomon inherited David. He said, ‘O people, we have been taught the language of birds, and we have been given from all things. Indeed, this is evident bounty.’” (Quran, 27:16), meaning he inherited him in governance and knowledge.

The Muslim Ummah Enjoyed 'Good Governance' for Decades from the Time of Prophethood and the Rightly Guided Caliphate Until 40 AH

The contemplation of the lives of the prophets, as mentioned in the Quran, reveals that they all had a common role in governance. For instance, in the Torah, Allah said: "Indeed, We revealed the Torah, containing guidance and light, by which the prophets, who submitted themselves to Allah, made judgments for Jews. So too did the rabbis and scholars judge according to Allah’s Book, with which they were entrusted and of which they were made keepers. So do not fear the people; fear Me! Nor trade my revelations for a fleeting gain. And those who do not judge by what Allah has revealed are ˹truly˺ the disbelievers." (Quran, 5:44). This continued until Muhammad (peace be upon him), whom Allah commanded to judge among the people by what was revealed to him.

From this is the saying of Allah: "We have revealed to you (O Prophet) this Book with the truth, as a confirmation of previous Scriptures and a supreme authority on them. So judge between them by what Allah has revealed, and do not follow their desires over the truth that has come to you." (Quran, 5:48), and His saying: "And judge between them (O Prophet) by what Allah has revealed, and do not follow their desires. And beware, so they do not lure you away from some of what Allah has revealed to you." (Quran, 5:49), and His saying, exalted is He: "They eagerly listen to falsehood and consume forbidden gain.1 So if they come to you (O Prophet), either judge between them or turn away from them. If you turn away from them, they cannot harm you whatsoever. But if you judge between them, then do so with justice. Surely Allah loves those who are just." (Quran, 5:42). There are many verses in this regard.

The Good Governance in Our History

The Muslim Ummah enjoyed 'good governance' for decades, from the time of prophethood and the rightly guided caliphate until the year 40 AH. After that, we cannot describe the governance as 'good' because one of its pillars was lost, which is 'consultation (Shura),' which disappeared with the hereditary transfer of power. This is what the Prophet Muhammad, peace be upon him, described when he said, as narrated by Hudhaifah ibn al-Yaman:

‘We were sitting in the mosque with the Messenger of Allah, peace be upon him, and Bashir was narrating. Then Abu Tha'labah al-Khushani came and said, 'O Bashir ibn Sa'ad, do you narrate the hadith of the Messenger of Allah, peace be upon him, concerning rulers?' Hudhaifah said, 'I narrate his sermons.' So Abu Tha'labah sat down, and Hudhaifah said, 'The Messenger of Allah, peace be upon him, said: "Prophethood will remain among you as long as Allah wills. He will then lift it when He wishes to lift it. Then there will be Caliphate on the Prophetic method, and it will remain as long as Allah wills. He will then lift it when He wishes to lift it. Then there will be biting monarchy, and it will remain as long as Allah wills. He will then lift it when He wishes to lift it. Then there will be oppressive monarchy, and it will remain as long as Allah wills. He will then lift it when He wishes to lift it. Then there will be Caliphate on the Prophetic method." Then he kept silent.’ (3)

With the Weakness of the Ottoman Caliphate, the Colonizer Succeeded in Substituting Western Laws for Islamic Sharia

And today, we are on the verge of the end of coercive rule after the end of oppressive monarchy. This confirms that 'good governance' is a concept synonymous with 'according to the Prophetic method.' The Prophetic method, characterized by goodness, is based on the free choice of the subjects, especially after the Prophet, peace be upon him. It is founded on realizing the interests of the people by safeguarding religion and governing worldly affairs, as al-Mawardi stated.Top of Form

The Colonial Invasion

With the weakening of the Ottoman Caliphate - which today marks its fall a hundred years ago - the colonizer managed to occupy our lands, alter, and replace, and transformed concepts and distorted them. They changed the Islamic identity by substituting Western laws for Islamic Sharia, and Western languages for the Arabic language. They moulded the Islamic world into the mould of the Western world, which is based on centralization and conflict, seeking to impose its model on the world and exclude other models. This is unlike Islam, which, when governing, provides a platform for everyone, respects everyone, and guarantees everyone's right to worship and live under the values and ethics of the Islamic state.

As a result of this change and substitution, and the alignment of not a few who call themselves 'intellectuals', and the empowerment of systems for them in cultural and media institutions, there has been a change in the beliefs and culture of Muslims. This has also tempted intellectuals who are supposed to be rational and upright, yet they found themselves riding this wave; showcasing their culture and enlightenment, and claiming - allegedly - to adopt an enlightened, moderate, and conscious Islam, which negatively impacted the shaping of the Muslim mind. This resulted in a cultural appropriation, a Western intellectual formation, and a pouring of these patterns of thought and intellect into the mould of the Western model!

The Objectives Achieved by the Islamic Political System Revolve Around Safeguarding Religion and Targeting Governance of Worldly Affairs

Among these concepts that have been subjected to distortion and change is everything related to 'Islamic governance' and the 'Islamic political system.' It is claimed that there is no political system in Islam, nor an Islamic governance system, especially after the collapse or abolition of the Islamic Caliphate. Anyone who advocates for Islamic governance or believes that Islam encompasses Islamic systems, including 'the system of governance in Islam' or 'the Islamic political system,' has become subject to suspicion, ridicule, and described as backward, ignorant, and reactionary!

The Duty Towards Good Governance

In the face of this Western distortion and Orientalist assault on our Islamic concepts and legal terminologies, especially as 'authoritarian rule' is on the verge of departure, we have no choice but to refute this invasion, expose its fallacies, clarify its deviations, and highlight the authentic features of the Islamic political system. Indeed, it is a system that differs significantly from other systems throughout history. This is evidenced by the fact that this system governed and had a successful experience that lasted for 40 years, and what followed was similar to it, until the issue of hereditary succession alone. Therefore, we are not speaking from thin air or from lofty towers, but rather from a doctrinal perspective and based on a practical experience that embodied all the values of truth, justice, goodness, and beauty!

The objectives achieved by the Islamic political system, or the system of governance in Islam, cannot be disputed by anyone, as they revolve around safeguarding religion and targeting worldly affairs. When we say 'religion,' it is from Allah Almighty, who knows His creation and is kind to His servants. And when we say 'worldly affairs politics,' it is a policy that achieves the objectives of Sharia and protects the interests of people.

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(1) "Al-Turuq al-Hukmiyya fi al-Siyasa al-Shar'iyya" by Ibn al-Qayyim: Volume 12, Dar al-Bayan.

(2) "Al-Ahkam al-Sultaniyya" by Al-Mawardi: Volume 15, Dar al-Hadith, Cairo.

(3) This hadith is narrated by Ahmad (18406) with the exact wording attributed to him. It is also narrated by Al-Tayalisi (439) and Al-Bazzar (2796). Shu'ayb al-Arna'ut stated: Its chain of narration is Hasan (Good).

Read the Article in Arabic

Last modified on Sunday, 02 June 2024 17:06