ISLAM AND STATE

SEQUENCE
State Defined
Elements of State
Historical Perspective
State in Pre-Islamic period
Purpose of Islamic state
State of Madinah and its Political perspective
Structure of government in Islamic state
Islamic State in period of Caliphate
Islamic State and Welfare organizations
Conclusion

STATE
An aggregation of different families and villages organized
for the purpose of providing facilities for the promotion of a
happy and prosperous life.
(Aristotle)
The state is a community of persons, permanently
The state as such is the natural result of human life, which
requires association (ijtima) and organization
(Ibn e- Khaldoon)

g a definite territory, independent of external

control and possessing an organized government
to which great body of inhabitants render habitual
obedience.
(Garner)

STATE- DEFINITION
A society politically organized within a definite territory,
having its own government with coercive power to enforce
obedience and which is free from external control

Groups

of people which have acquired international

recognition as an independent country and which have a
population, a common language and a defined and distinct
territory

ELEMENTS OF STATE

Population:
The state must have population.
Without population we cannot think of state
No state can be imagined without the people, as there must be
some to rule and others to be ruled
Population may be less or more
No number of persons can be fixed as population of the state

ELEMENTS OF STATE

Territory:
People cannot constitute a state, unless they inhabit in a
definite territory.
The people must live on a definite territory
Wandering tribes do not form a state

ELEMENTS OF STATE

Government:
A community of persons alone does not form a state unless it
is organized by an established government
State is nothing without a government
Government is the machinery through which the will of the
state is formulated, expressed and implemented
Government usually consists of three branches

Legislature: The power to make laws

Executive: The power to implement or enforce laws
Judiciary: The power to apply, interpret and adjudicate
(to make an official decision about an issue) laws.

ELEMENTS OF STATE

Sovereignty:
Sovereignty means supreme and final legal authority and
beyond which no further legal power exists.
Sovereignty

distinguishes

associations.
Sovereignty has two aspects
Internal
External

the

state

from

all

other

ELEMENTS OF STATE

Internal sovereignty:
The power of the State in controlling its domestic or
internal affairs without having to rely on external
oroutside help orwithout intervention from outside
forces like other states & international organizations.
The power of the state to decide on it sown.
External sovereignty
means freedom of the state from foreign control
The capacity of the state to relate itself with other
states in pursuing its interests. However, this does not
mean that the state we have an agreement with can
dictate us onwhat we need to do. External sovereignty
means that we have the capacity to decide on how we
need to relate with otherstates.

CONCEPT OF STATE HISTORICAL PERSPECTIVE

Tribal Organization:
Most primitive form, chief of the tribe had to perform variety
of functions
Gradually

became

hereditary

and

assumed

absolute

authority
Strong tribes got hold of weak
Gradually tribal organization expanded to vast area e.g.
Euphrate, Dajla, Sindh, Ganga, Yang etc
Greek City States:
Between 4th or 5th B.C. Historical linkage to present world
Whole region divided, small cities, every city was State.
Mutual

rivalriesconcept
developed

of

vast

territory could

not

STATE IN PRE ISLAMIC PERIOD

The Pre-Islamic Arab Society

Had no state structure.

Predominantly a tribal society which did not know any distinction
between a state and a civil society
No written law, much less a constitution
No governing authority either hereditary or elected
There was a senate called Mala
Senate consisted of tribal chiefs of the tribes in the area

Any decision taken had to be unanimous and the tribal chiefs enforced
the decision in their respective tribes
If a tribal chief dissented, the decision could not be implemented

 Islam is concerned with all aspects of human life and state is

one of the most important aspect of life so it is not possible that
we are deprived of instructions concerning this aspect in
Islamic Sharia Although the Prophet (peace be upon him) did
not appoint or nominate a successor to lead the community,
neither did he give clear instruction as to the formation of a
state, he was, nevertheless, the head a state himself and left
behind, in his capacity both as Messenger of Allah and as
political leader, a legacy of verbal and practical instruction
which the Ulama' have relied upon in expounding the basic
attributes of political authority in Islam. The precedent of the
Rightly-guided Caliphs in state affairs has facilitated further the
elaboration of the same theme.

Purpose of the Islamic State

The Holy Quran clearly states that the aim and purpose of
this state, built on the foundation of Tawhid, Risalat and
Khilafat, is the establishment, maintenance and development
of virtues, and the prevention and eradication of evils. The
constant demand made by Islam is that the principles of
morality must be observed at all costs and in all walks of life.
It is not prepared, under any circumstances, to tolerate fraud,
falsehood and injustice for the sake of political,
administrative or national expediency. . The clear injunctions
(nusus), of the Qur'an and the Sunnah represent the binding
corpus of the Shariah and it is the main duty of state in Islam
to enforce them.

STATE OF MADINA
Migrated from Makkah to Madinah because the Makkans were
not willing to accept his faith and made it difficult for him to
preach his religion

The people of Madinah, on the other hand, accepted him as the

Messenger of Allah, invited him to Madinah

With the help and support from the people of Madinah, he

founded a city-state at Madinah.

STATE OF MADINA
Although he had the last word in political and military affairs,
and as the Messenger of Allah (saws) was not obliged to consult
others

He consulted his Companions in all matters other than those

concerning revelation in accordance with the command
addressed to him in the Quran to the effect that (he should
consult them in affairs and when he had taken a decision, he
should put his trust in Allah) (surah 3: verse 159).

STATE OF MADINA

Prominent Sahaba were consulted in worldly matters so forming a

sort of Majlis e Shura (Parliment).
The Prophet (PBUH), a great spiritual and religious personality,
commanded great respect and set out to establish a just society in
Madinah. First of all he drew up a pact between various tribal and
religious groups known as Mithaq-i-Madina which guaranteed full
autonomy to all tribes and religious groups like the Jews, the
Muslims, and other pagan tribes.
The Mithaq-i-Madina was a sort of preliminary constitution of the
`state of Madinah that went beyond a tribal structure and
transcended the tribal boundaries in matters of common
governance. It also laid down that if Madinah is attacked by an
outside force all will defend it together. Thus for the first time a
concept of common territory, so necessary for a state to operate,
evolved.

STATE OF MADINA
The Prophet, in a way, took a revolutionary step in dissolving
tribal bonds and laying more emphasis on ideological
boundaries on one hand, and territorial boundaries, on the
other. However, the Prophets aim was not to build a political
community but to build a religious community instead.
The Quran lays more emphasis on values, ethics, and morality
than on any political doctrines. The political system had to
evolve over a period of time and in keeping with the needs and
requirements.

Sovereignty in Islamic state

Sovereignty may be defined in a general meaning as under.
The supreme power of authority of an individual or a group
of individuals which is unquestioningly obeyed the bulk of
people in the state.
The basic tenet of Islam is the sovereignty of Allah. Islam
teaches that sovereignty or supreme power belongs to Allah
and Allah alone.

Quran says:
To Allah belongs the sovereignty of the heavens and the
earth. (42: 48)

 Allah Almighty is the Lord of the heavens

and of the earth. He delegates authority for
the administration of peace and justice as a
trust to such men as He wills. Those who
exercise authority form a state, but their
authority is a trust, to be exercised so long
as they dispense justice, and within the
limitation prescribed by Allah Almighty.

Islamic State
Islam advocates only a limited government whose power is
restricted in a variety of ways:

Its powers in respect of legislation are limited by the given

terms of the Shariah.

The Islamic state is also a consultative state by the

requirement of consultation and due regard for the wishes of
the community and the general consensus of Ulama'.
The powers of the head of state are also limited by reference
to khilafah which means that he acts in the capacity of the
trustee of both God Most High and the community of which
he is an employee and representative

Structure of the government in Islamic

state:
A. Executive
The responsibility for the administration of the Government in an
Islamic state is entrusted to an Amir (leader) who may be likened to the
President or the Prime Minister in a Western democratic state. All adult
men and women who accept the fundamentals of the constitution are
entitled to vote in the election for the leader. The head of state is elected
by the community through consultation. nomination. and bay'ah (pledge
of allegiance). Bay'ah is. to all intents and purposes, equivalent to a
vote.

The basic qualifications for the election of an Amir are that

He should command the confidence of the largest number of
people in respect of his knowledge and grasp of the spirit of
Islam;
He should possess the Islamic attribute of fear of Allah;
He should be endowed with the quality of statesmanship.
In short, he should be both able and virtuous.

 A Shura (consultative council), elected by the people, will assist

and guide the Amir.
The Amir can retain office only so long as he enjoys the
confidence of the people, and must resign when he loses this
confidence.
Every citizen has the right to criticize the Amir and his
Government, and all responsible means for the expression of
public opinion should be available.

 B. Legislature:
Legislation in an Islamic state should be within the limits prescribed by
the Shariah.
The injunctions of Allah and His Prophet are to be accepted and obeyed
and no legislative body can alter or modify them or make any new laws
which are contrary to their spirit.
The duty of defining the real meaning of those commandments which
are open to more than one interpretation is given to people possessing
a specialized knowledge of the law of Sharia.

 C. judiciary:
In Islam the judiciary is not placed under the control of the executive.
It derives its authority directly from the Shariah and is answerable to
Allah.
The judges will obviously be appointed by the Government but, once
appointed, will have to administer justice impartially according to the
law of Allah.
All the organs and functionaries of the Government should come
within their jurisdiction: even the highest executive authority of the
Government. Islam stands for equality in the social, economic and
political realms alike.

T H E CONSTITUTION
Neither the Shariah nor the juristic doctrine of Muslim scholars
provides a specific pattern for the constitution of an Islamic state.
The Qur'in being the main source of Shariah, does not embody a
constitution as it does not address constitutional themes on the
devolution and transfer of power and other matters of state. It is a
source whose guidance need to be reflected in the state activity and
legislation. Since there is no consensus on the essential features of
such a state, the matter must, therefore, remain open to initiative and
ijtihad.
Legislation will be carried out as per Islamic commands giving full
benefit to the community as per needs of the hour without
compromising basic principles of legislation

ISLAMIC STATE IN CALIPHATE

Meaning of Khilafah
Khilafat means representation. Man, according to Islam, is the
representative of Allah on earth, His vicegerent. That is to say, by
virtue of the powers delegated to him by Allah, he is required to
exercise his Allah-given authority in this world within the limits
prescribed by Allah.
Take, for example, the case of an estate which someone has been
appointed to administer on your behalf. You will see that four
conditions are invariably met.
First, the real ownership of the estate remains vested in you and
not in the administrator;
second, he administers your property only in accordance with
your instructions;

Third, he exercises his authority within the limits prescribed by you;

and

Fourth, in the administration of the trust he executes your will and not
his own.

These four conditions are so inherent in the concept of

representation that if any representative fails to observe them he will
rightly be blamed for breaking the covenant which was implied in the
concept of representation.

This is exactly what Islam means when it affirms that man is the
vicegerent of Allah on earth. Hence, these four conditions are also
involved in the concept of Khilafat.

ISLAMIC STATE IN CALIPHATE

Appointment of Head, no prescribed mode, During the period of

the four Rightly Guided Caliphs (632 to 661 AD) different modes
were adopted for the appointment of the Head of the State and
in all the cases the appointment was confirmed by the Muslim
community through its consent which was formally obtained by
means of of "bayah".

Islamic State and Welfare organizations

Caliph Umar (RA), in particular, encouraged the establishment of

different departments of Central Secretariat in the form of Diwanson
the Persian model.

In the departments secretaries and clerks were employed in order to

assist the Chief executive authority in managing the affairs of the
state.
The department of moral censorship (Hisbah) was also organized to
enforce the Rights of Allah, the Rights of Human Beings and the
Rights which were common to both Allah and Human Beings.
Qazi Courts
Libraries
Hospitals
Madrassas etc

CONCLUSION
No defined form of Govt
Implementation of Shariah Law
Consultation, a vital factor
Protection of basic human rights
Social security
suitable balance between liberty and equality
system which is based on chain of responsibilities
Enforcement of welfare system though State machinery

QUESTION
S?

THAN
KS