Constitution of Islamic State by G A Parwez published by idara Tulu-e-islam

8/14/2019 Constitution of Islamic State by G A Parwez published by idara Tulu-e-islam

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QURAN'S CONSTITUTION IN AN ISLAMIC STATE: The Basis of Legislation and Outlines of the Constitution

G.A.PARWEZ

Compiled by Prof. Dr. MlIDZOol'ul-Haque

Idara Tolu-e-Islam (Regd.) 25-B, Gulberg 2, Lahore-S4660 P A K I ST A N


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ALL RIGHTS RESERVED Name ofthe Pamphlet

AuthorCompiled byPublished by

Printed byI'" EditIon

Quran's Constitution in a8 Islamic State:The Basi. of Legislation and Outlines of theConstitution(Lale) Allam. Ghulam Ahmed POIWez (R. A)Prof. Dr. Manzoor-ul-Hoq ...Idan! Tolu..,lslam25B, Gulberg 2. Labore-S4660, PAKISTANPhone (+92) 42 5714546.Email: [email protected]: htlp:llwww.toluislwn.oomO


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CONTENTSContents 3Preface 5PART-IThe Quran's Purpose of State 8PART-IIThe Basis of Legislation in an Islamic State 9Two Concepts ofLife: Ideological OrientationsScope ofHuman IntellectUrges ofBody and PersonalityThe Two-Nation TheoryThe Aim and Purpose ofan Islamic ConstitutionThe Sunnah and the Allied QuestionsThe Quran and the Quranic Arguments forMeeting the Requirements of the TimePoints to be bome in Mind in Framing an Islamic ConstitutionBasic Provisions ofQuranic ConstitutionPeculiar Points for the Quranic ConstitutionPART - III ,Outlines ofQuranie Constitution 31Constitution: Concept and Two Basic PointsSovereigntyArlicle (l)Limitations of the Constituent Assemblyand LegislaturesArticle (2)Final Authority to adjudge what is andwhat is not IslamicArticle (3)Criterion ofNationalityArticle (4)


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PrefaceAfter the event of September II, 200 I, there has been afllllt)' of activity in all phases of the world media to link"Islam with Violence." In this connection, it is veryunfortunate to say that no stone has been left untumed. Toshun this concept of violence linked to Islam, Idara Tolu-eIslam is pleased to present another English pamphlet in theseries of its publications for its readers who do not knowUrdu language. The main purpose of the presentpublication is to bring to the world forum the outlines ofthe Constitution the Holy Quran ensbrines for theamelioration ofhumanity.The issue has been discussed comprehensively and lucidlyin articles, letters to the Muslim members of the constituentassembly, lectures, pamphlets etc. by (Late) AllamaGhulam Ahmad Parwez (R. A.) during his lifetime. Hiswritings on the subject have been vetted and compiled byProf. Dr Manzoor-u1-Haque under the title of "Quran'sConstitution in an Islamic State: The Basis of Legislationand Outlines of the Constitution" for publication. Thispamphlet is expected to go a long way in expounding theright philosophy of an Islamic System of governance andpmvide food for thought for those thoughtful humans whodesire to find a way out ofhumanity's present predicament.Allama Ghulam Ahmad Parwez (R. A), ,a distinguished andoutstanding scholar of Islam, wrote over forty books andhundreds ofarticles covering almost every aspect of hllJlllllllife analyzed in the light of the :ijoly Quran. Quranil:thoughts of Late Allama Parwez had been the topic ofPaPers written for doctorates (ph. Os) in the West, (like'The Authority of the Past' and 'Social Import ofPlIl'lNez'sReligious Thoughts' - . Sheila M ~ D o n o u g h - McGill


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6 University, Canada) and were also the subject of a number

ofcritical studies like "Modem Koran Interpretations 18801960 - Leiden 1968 (1. M. S. Baljon Leiden 1968)", "Islamand Pakistan" Dr. Freeland Abbot, Tuft University USA,"Islam in Modem National State" - E. I. J. Rosenthal,Cambridge University - 1965 - and many others.Prof. Dr. Manzoor-ul-Haque, a student of the Quran and adevotee of the noble mission of delivering its message tohumanity, has no desire for publicity, thanks or rewards, itis for the good mission of Allah (Quran 76: 9). However,the ldam will be failing in its duty if it does not gratefullyacknowledge the marvelous job he has rendered foraccomplishing the task, and if it fails to introduce him to itsreaders. .Dr. Manzoor met Allama Ghulam Ahmad Parwez (R. A) in1955 when he was in Karachi. The meeting revolutionizedhis life and' kindled torch radiating the teachings of theQuran in his heart extinguishing the irrational fire ofemotiohaiism. He remains busy in doing a lot for theprolific dissemination of the teachings of the Holy Quran. and the English rendering of Urdu literature of AllamaParwez (R. A). His work, in this regard can be studied onthe Websites of ldam Toluislam and its various Bazmsspread allover the world.Prof Dr. Manzoor-ul-Haque has a Ph. D in ScienceEducation and Cognitive Psychology and a Master's inEducation with speCialization in Educational andPsychological Testing. He has worked as Director Researchand Publications, Liaison Officer, Professor, and Editor ofa research Journal of Education in the University of Sindh.His research interests include social research, scienceeducation and teachings of the Holy Quran with special'e m p h ~ i s on Quranic permanent values. He is an author of


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7 more than 200 research articles having the impact of theteachings of the Holy Quran, that have been published inthe joumals of international repute inland and abroad both.And more over, he has worke4 in the numerous researchprojects sponsored by World Bank, UNICEF, Federal andProvincial Ministries of Education, Government ofPakistan. He is still working as a research guide andadvisor (at the post-graduate level) AUama Iqbal OpenUniversity, Islamabad; University of Sindh, Jamshoro,Sindh, Pakistan; Bahauddin Zakariya University, Multan;and Islamia University, Bahawalpur. He remained MELABExaminer of the University ofMichigan, English LanguageInstitute, USA.Dr. Manzoor is the recipient of Award of Honours forconducting social and educational research meticulously,and the Chancellor's Gold Medals for accomplishingvarious research works, and for being the most scholarlyinfluencing scholar in the University ofSindh from 1947 to1997.Last but not the least, I, on behalfof the Idara Tolu-e-Islam,also gratefully acknowledge the help and cooperation.ofMr. Maqbool Mahmood Farhat and London Bazm forsponsoring this publication.

Ayaz Hussain AnsariChairmanldara Tolu-e-Islam2SIB, Gulberg 2, LahorePAKISTAN


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PART-ITIlE QURAN'S PURPOSE OF STATE

The people who, ifWe establish them in the land, will:I. Organize a Social Order in which they will followAllah's Laws;2. See to it that all are provided with means ofdevelopment;3. Make and enforce laws consonant with the Quran;4. Repeal laws repugnant to the Quran and5. Advance in all marmers the programme, whichAllah has designed for man's well being.

( A I ~ u r a n , 2 2 : 4 1 ) ,

Let no man suffer from dependence on another man,This is the focal point of the entire Quranic Law.(Iqbal) .Hence Establisbment of Social Order "for followingAllah's Laws, for providing means of development, forrepealing laws repugJiant to the Quran, for advancing theprogramme Allah has designed for not letting man sufferfrom dependence on another man" is the Quran's purpose ofState.


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PART-II

INTRODUCTIONTHE BASIS OF LEGISLATION IN AN ISLAMIC STATE

Wherever he be, the man likes to act as he pleases and havefull freedom of action. Were he by himself, be could do sowith equanimity. In society, however, individual freedomhas to be circumscribed to avoid conflict with the freedomof action of others. Individuals have, therefore, to abide bycertain volwttarily accepted restrictions, the fannulation ofwhich pertains to the sphere of legislative action.This discourse generates two .questions:I. Who should fonnulate these restrictions?2. Will the restrictions once fonnulated apply for alltime to come? Or will they be susceptible to changefrom age to age?The first question falls within the domain of "Constitutionmaking" and the second to "Law making in a ConstitutionalState".I. Two CODeepts of Life: Ideologieal Orientation.The foremost essential, which a people must detennine anddefine in law making, 'is the concept of life. As is theconcePt of life of :I . person, so will be its laws. Broadlyspeaking, two concepts life, which have come down toUIi. through h i s t ( ) r ~ . ';'re prevalent today, and have a direcibearing in law makmi! .


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One concept sees man only as a physical body, endowedsomehow with consciousness, living according to certainchemico-biological laws. With his physical death, man likeother animals, ceases to exist. This concept is known as thematerialistic concept of Iife. Laws or rules of conductframed under this concept are based on expediency andadmit of no permanent or unchangeable values. Changes,abrogations, or amendments in the laws are also governedexclusively by expediency. The Government machinery setup by people subscribing to this concept is called the"Secular" form of government, whether its pattern isdemocratic or dictatorial.There is another concept of life, which is propounded bythe Quran and forms the very basis of the two-nationtheory. Man, according to this Quranic concept, is acombination of a physical body, which is changing,changeable and liable to death, and a 'personality whichdoes not change, but develops lind is capable of selfintegration and becoming immortal. The aim of life,according to the .Quran, is the development of Personalityimbibing the Permanent Values enshrined in the Quran.This human Personality is not static but is potentiallycapable of developing and expanding. Its development can,however, take place only in a social order called the IslamicState. The Islamic State provides the ways and means forthe proper development and progress both of Body andPersonality. Since man is, according to this concept oflife,an integrated composition of permanence and change, lawsgoverning the social order wherein his development takesplace, should also be a combination of perrnanenceandchange. Late Dr. Sir Mohammad Iqbal bas beautifullyelaborated this point in his "Reconstruction of Religious. Thought in Islam"(2nd Edition) published by Institute ofIslamic Culture and Iqbal Academy ~ a k i s t a n , 1989. He


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n says:

"The ultimate spiritual basis of all life, as conceived byIslam, is eternal and reveals itself in variety and change.A society based on such a conception of Reality mustreconcile, in its life, the categories of pennanence andchange. It must possess eternal principles to regulate itscollective life; for the eternal gives us a foothold in theworld of perpetual change. But eternal principles whenthey are understood to exclude all possibilities ofchange, which, according to the Quran, is one of thegreatest "signs" of God, tend to immQbilize what is. essentially mobile in its nature (P. 117)".

II. Scope ofHuman IntellectMan has been endowed with "Intellec," which gives himsuperiority over other animals. Human intellect functions,however, within the limits of Time and Space and is,consequently, capable ofhandling only that aspect ofman'slife which is subject to "change", i.e., the physical aspect ofhuman life. It cannot peep over the boundaries of "change"into the supra physical, or the realm of "permanence" towhich human Personality belongs. In that realm, thingsreveal tbeIDselves to human intellect (to Messengers ofGod) and are not discovered by it. Revelation is Divine,and Divine Guidance alone provides Pennanent Values orunalterable fundamental principles, otherwise known as"Divine Precepts," or the "Way or Practice or AIIa,h" : Lawsor rules devised by human intellect need change with achange in Time and Space; but Permanent Values admit of. _ no.. such change. In the words of the Quran, "There is no .changing in !he Words of.Allah" (10: 64) and "you will find nocbangein the way ofAllah" (33: 62).m. Urges ofBody and PersonalityBody and Persoruility cannot be divided into two mutuallyexclusive compartments, nor can the laws pertaining to the


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12 realms of pennanence and change. A combination of"pennanence and change" can be achieved if in framinglaws, human intellect keeps itself within the boundaries ofeternal values revealed by God. The laws so framed will beapplicable to man as a whole and satisfy the requirementsboth of personality and the physical body of man. It is this'point where comes the question ofTwo-Nation Theory.IV. The Two Nation TheoryIt is. therefore, deemed necessary that the importance ofthis theol)' be reiterated at some length:The Holy Quran tells us:

Mankind were but one community but differed later. (10: 20)Mankind's differences and contentions were nurtured by theconsiderations ofcaste, colour, race, language and territory.To resolve these differences and contentions, God sent HisMessengers froln time to time:

Mankind were one community and Allah sent (unto them)Prophets as bearers of good tidings and as warners, andrevealed therewith the S(:ripture with the truth that it mightjudge between mankind concerning that wherein they differed.(2: 213)

It is apparent that God's Scriptures were meant to removedifferences among mankind. People who accepted the wayof life ordained in the Scripture, transcended allconsiderations of caste, colour, race, language and territory,and became members of one brotherhood (nation): whilethose who rejected the Scripture and persisted in followingtheir old ways, were considered members of II differentnation. According to this criterion mankind were divided .into two distinct groups. Says the Quean:

II is He. Who has created you; and of xou are Some that are


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13 Kqfir (unbelievers) and some that an: Momin


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We are clear of you and ofwhatever ye worship besides God:We ha've rejected you and there has arisen, between us andyou, enmity and hatred forever unless ye believe in God andHim alone. (60:4)

At another place, he said:Whoso followeth me, he verily is of me. And whosodisobeyeth me (is not ofme). (\4;3S)

It was this criterion whereby Lot's wife was adjudged asalien and she was doomed with the unbelievers. (66:10)The Rasoolullah created a nation (Ummat-e-Muslima) onthis very criterion, whereby his own real uncle; Abu Lahab,and Abu Jehl of Makkal:! became aliens whereas Bilal ofAbyssinia, Salman of Persia, and Suhaib of Rome wereabsorbed in the Ummat-i-Muslima. This division of Imanand kufr, in its practical shape, was demonstrated in thebattlefield of Badr, where Huzaifa was on this side, hisfather Utba was on the other side; Abu Bakrwas on thisside. his son on the other side; Ali was on this side and hisbrother, Aqeel, on the other side; Umar was on this side,and his maternal uncle on the other side. And above all, theRasoolullah was on this side and his own real uncle, Abbas,and son-in law, Abu! Aas, on the opposite side. Thisdivision of mankind, which transcended all considerationsof caste, creed, colour, blood, language and coq.ntry, cameabout on the criterion of Iman and Kufr. The binding force,which welded people of different countries and ofmfferentraces into one nation, was the ideology ofIslam. The Qurancalled them Momineen and said, "These were the protectingfriends one of another" (9: 72). Against them, the unbelievers(/(aftrs) were described as protectors one of another (9:73). TheQuran then warned the Momimeen against the machinationsof the unbelievers thus:


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o ye who believe! take not for intimates olber Iban your ownfolk, who could spare no pains to ruin you: !hey love tohamper you. Hatred is revealed by (lbe utterance of) !heirmoulbs, but Ibat which Ibeir breasts hide is greater. We havemade plain for you Ibe revelations if ye will understand.(3:118)If a lucky chance befalls you, it is evil unto !hem, and ifdisaster strikes you Ibey rejoice thereat. But if ye persevereand keep from evil !heir guile will never harm y(>u, (3:120)

It is clear from the above quotations that, according to theQuran, mankind is divided into two groups; Momineen andKafirs, and that the fonner are forbidden from sharing theirState secrets with the latter.To establish AI-Deen (Quranic Social Order) it is necessarythat Momineen should have a State of their own because theQuranic Laws must be backed by power of enforcement.God has promised that Momineen will inherit power ,and aulborityin the land so that they may maintain God's Laws (24:55). God hascommanded the Momineen that !hey should settle !he affairs oftheir State in Ibe light of the Quranic injunctions (5: 48), and one whodoes not do so i. Kafir (5: 44), All laws should be framed after mutualconsultation (42: 38), Unbelievers (kafirs) who do not believe in !heveracity of Ibe Permanent Values revealed in .!he Quran should not beincluded in your councils to give advice in matters of Stale (3: 118).There was no unbeliever in the Shura of either Rasoolullahor of the Khulafa-e-Rashideen. Their Governmentconsisted entirely of Momineen. Unbelievers lived in theState as a minority community under the protection of theGovernment, enjoying, of course, fundamental human'rights, like all believers, but not participating in the affairsof the State,The above facts, figures, and teachings of the Quranexplain the criterion of nationhood and the fonn ofGovernment which the Quean gives,


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16 Today, when Ulema issue a theoretical FalWa (edict) ofkufr against a Muslim, no practical proQf is ever exhibitedof his having been ousted from the fold ofIslam. All that isunderstood by this FalWa (edict) is that the personconcerned will be doomed to Hell on the day of Judgement.In a truly Islamic State, such FalWa (edict) is issued onlyunder Government authority. No Maulvi or Mufti was everauthorized to declare a Momin a Kafir. This was aconstitutional issue to be decided by the Government. Anyperson who was declared by Government.authority as kafirwas disenfranchised. He could neitber vote nor stand forelection; nor h'\lld an appointment as a Governmentfunctionary where he could get access to State secrets.Being outside the fold of Islam he was treated as a memberof non-Muslim minority. The State, however, afforded nonMuslims full protection of life, property. honour and placesof worship. They enjoyed complete fi:eedom in theobservance of their respective religions. In tbe matter of .justice, they were treated at par with Muslims. Theyenjoyed fundamental human rights but could not be takenin confidence in the affairs of the State.This is tbe concept of the two-nation theory, which is tbebasic pillar of Deen on which the structure of the IslamicState has to be built.V. Tbe Aim and Purpose ofan Islamie ConstitutionIslamic Social Order is a harmonious blending ofpermanence and change. I n t e r p r ~ t e d in human life thisprinciple shows (as pointed out in Para III above) thathuman has two distinct types of urges, the urges of Bodyand the urges of Self. While the former change everymoment, the urges of Self remain constant and brook nochange. The Social Order, which Islam gives, satisfies bothtbese urgc


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17 etc., the urges of Self constitute the development of its .latent potentialities. The duty of the Islamic State,according to the Quran is that it should see to it that everyindividual in its charge is provided with the means for thesatisfaction of both the types of his w-ges. A State, whichfails to meet this requirement, ceases to be an Islamic State.That is why, while w r i t i n ~ to the Quaid.iAzam,Muhammad Ali Jinnah, on 28 May 1937, Late Dr. SirAllama Muhammad Iqbal said: "After a long and carefulstudy or Islamic Law, I came to the conclusion that if thisSystem of Law is properly understood and applied, at least theright to subsistence is secured to every body." And the Quaidi.Azam, Muhammad Ali Jinnah, the first Govemor Generalof Pakistan, himself stressed the importance of the truth,when on the 1st JlIly 1948 inauguratiqg the State Bank ofPakistan, he said: "The adoption of Western economic theoryand practice will not help us in achieving our goal of creating ahappy and contended people. We must work our destiny in ourown way, and present to the world an economic system based onthe true Islamic concept of equality of mankind and socialjustice, We will thereby be fulfilling our mission as Muslims andgiving to humanity the message ofpeace which alone can save itand secure the welfare. happiness and prosperity ofmankind."Therefore, according to Allama Iqbai as well as QuaidiAzam, the Constitution should lay down in the clearestterms that the Government shall be responsible forproviding every citizen with the basic needs of life as wellas means of developing his latent potentialities, And that ifthe fulfillment of this responsibility so requires, it willasswne control of all means of production. The SocialOrder. which will ensure these requirements, fonns thesubject matter of Allam G. A. Parwez's book "NIZAM:IRABUBIYAT". The book deals exhaustively with theunderlying principles and the details based on the freelyquoted Quranic verses. A study of'the book is sure to proveilluminating. After givi'l& very serious thought to the


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18 contents of this book, the readers will deem it imperativethat this proposed COl1$titution, shall -in the light of theQuranic Principles -lay down the following threeobjectives as the bounden duty of the State:i) to secure basic necessities of life to each andevery individual of the State,ii) to provide means and opportunities for thefullest development of their latent faculties,iii) to apply these developed faculties for the

good of the whole mankind.But, unfortunately, there are two schools of thought atpresent and gush forth the discussion on "Quran andSunnah" for Constitution making.VI. The Sunnah and the Allied QuestionsThere is one school of thought which holds that whateverhas come down to us in the name of Fiqh or the Traditions,is unalterable and should be enforced as such. This schoolof thought projects a general demand that the Constitutionshould be based on "Quran and Sunnah".A Constitution worth the name has to be clear, definite andunambiguous. The term "Quran and Sunnah" does not,wholly satisfY this essential requirement. "Quran" conveys,no doubt, a definite connotation, namely, a book in Arabicbeginning with the word "Alhamd" and ending with theword "WtlnnlUlS", every word of which is authentic andunalterable. But "Sunnah" conveys no such precise,connotation,If "Sunnab" must be incorporated in the Constitution then itis most essential that the underlying intention should beclearly and categorically expressed stating exactly as towhat is meant by "Sunnah" and in which compilation it isto be found. It will not do just to say- that "Sunnah" meansthe "established way the Prophet lived bis life." It will be


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necessary to explain who "establIshed" it, under whoseauthority and by what method, and where it is laid down.Also whether the "Sunnah" so defined is aeceptahle to theentire Muslim population or to only a section thereof. Anyindifferent use of the term "Sunnah" without acomprehensive explanatory note would be dangerous andopen the way to many serious complications.VII. The QUFIlD and the QUFIlnie Arguments for Meed. dieReq uirements of the TimeThere is, also, another school of thought, which considersthat for meeting the requirements of the present time, wecan formulate our own laws in the light of the permanentand the unalterable principles given by the Quran.Now the fundamentals of Islam are contained in the Quran.And the Quran has fortunately been handed down to us, theMuslims, intact in its original form and pristine purity. Theravages of time and human conflicts have had no effect onits authenticity. The Quran cOntains a complete c:ode forhuman life and may help us, the Muslim community, in allrespects.It is beCliuse the Qunin gives eteroal and immutableprinciples for the guidance of human affairs and that in thelight of the Quranic Principles the rslamic State of everyage is fully competent to frame subsidiary laws to satisfYthe then existing requirements. Hence the Quran'sConstitution is a happy blending of Permanence andChange. The Quran has given permanent and immutableprinciples for all time to come and all places; the Traditionsof the Rasoolullah and his companions and the Fiqh ofthelater jurists contain instructions subsidiary to the QunlnicPrinciples, which are lillble to change with changedconditions and localities.In this way the Constitution of the Quran has, for its basis,


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the permanent and immutable principles and allows theLegislature to continue, modify or replace the subsidiaryinstructions contained in the traditions and Fiqh to suit theexisting requirements.This view is supported abundantly by the Quran. TheQuranic arguments may k sUffi!l1arized below:I. In I s l ~ m obedience is e,sentially and basically due onlyto the Laws of Allah as embodied in the Quran. "Shall I(Rasoolullah) look for a judge other than Allah. He who hasrevealed tv )OU a book defining things clearly"? (6: 115).2. He who does not adjudicate in accordance with the Quran isnot a Muslim (5: 44).3. Obedience to Divine Laws is not a thing belonging tothe individual plane in the sense that one might, of his

own, consult the Quran, interpret it for himself and' actaccording to his individual interpretation. Theobedience has to be disciplined and orderl y under anorganized system, called State in the present dayterminology, controlled by a central authority. the firstcentral authority having been Allah's Rasool.Obedience to the central authority is obedience toAllah. Says ttie Quran: "One who obeys the Rasool obeysAllah" (4: 80), the Rasool adjudging everything according tothe Book (5: 48).4. Barring a few exceptions, the Quran enunciatesgenerally fundamental principles without touchingsubsidiary law. About these principles or the basicprovisions, the Quran says: "The Kalema (Basic Principle)revealed by the Nourisher has been made complete in truthand justice. There is none, who can change His principles (6:116).5. The reason for leaving out subsidiary laws from theQuran has been explained thus: "Ask not for things whichif revealed would inconvenience you and if you ask for themwhile the Quran is being revealed, they will be disclosed to


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;!lyou. . . Before you a people (the Israelites) did ask for themand then disbelieved (and defied) them". (5: 101-2).

6. The question as to how details, which hive deliberatelybeen left undetermined in the Quran, will be formulatedin the light of the Quranic Principles, is answered bythe direction given .in the Quran to Rasoolullab to"consult them (the believers) in the affairs (of the Society)"(3: 158). .7. While he lived. Rasoolullab determined subsidiary lawsin consultation with the Umrnat. The question is as towhat was to be done after his demise. The Qurananswers the question by saying, "Muhammad is but aRasool. There have been several Rasools before him. Willyou tum back on your beels if he dies or is slain?" (3: 143).It follows that the process of framing laws within theframework of the Quranic Principles was not todiscontinue after the death ofRasoolullab but was to goon as before. Therefore, after his demise, the first thingthe companions did was to elect a Successor so that hecould '\:'any on the process of determining subsidiarylaws and enforcing Divine Principles as did Rasoolullabhimself. "One who obeys,the Rasool obeys Allah" nowtook the form of "One who obeys the Rasool's Successorobeys Allah." Rasoolullab himself is' reported to havesaid: "You have to follow my practice and the practice ofmy mature and rightly guided Successors". (Mishkat, chapteron Adherence to Book and Sunnah). The Quran directedRasoohdlab to "consult the believers in determining theaffairs of the people" (3: 158); it guided his successors bysaying "and they determine their affairs by mutualconsultation" (42: 38). "Mutual consultation" within theambit of the etemaJ and inviolable laws given in theQuran is the "way ofthe believers" (4: 115) which shouldnever be given up.

8. There is material available in the record of'fraditions ofRasoolullab and the doings of his companions to showhow subsidiary laws were formulated under the


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22 KhiJafat-e-Rashida. The procedure followed was:(a) Where subsidiary law had not already been framed

it was formulated by mutual consultation.(b) If a subsidiary law OIice enacted needed noamendment or change it was retained intact, just asany constitution government would continue toenforce the laws of its predecessors until the needfor a change arose.(c) Subsidiary enactments, which needed amendmentsin consequence of a change in circwnslances, wereduly modified. Since they were not p r e s c r i ~ initially by Revelation, it was not nec ...ssary thatthey should undergo changes through Revelation.

VIO. Points to be borne in Mind In Framing an IslamicConstitutionHere are a few instances, which must be borne in mind inframing an Islamic Constitution.l. Barring a few exceptions, the Quran concerns itselfgenerally with the Principles and gives no details. Theinreotion is that while the Principles remain inviolable, theIslamic State of the day will determine details thereunder tosuit the requirements of the time. The Quran is very expliciton this point. e.g . Sura V (MAAEDAH) Verses 101-102,wherein it is Slated that details {Jf things, which have notbeen specified in the Quran should not be asked. for becauseif ;hey are revealed they might prove difficult to follow.Stated in simple words. the essence of this point is

That Allah, the Law-giyer, has revealed in theQuran the basic principles governing man'scarporate life and very few detailed instructionsand That the intention underlying His great design is


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23 that the (rov!)IDlllent of every age should itselfframe subsidiary laws within four walls of theDivine Principles.2. In the light of the Quranic Principles. the Rasoolu\lah

was the fustto determine details appropriate to his time.After the Rasoolullah. came his successors. The time lagbetween him and his immediate succession was too short tobring about any substantial change in the prevailingconditions of society. But there are instances on record toprove that his successors modified or reversed his earlierdecisions on the expressed ground that the requirements ofthe later time justified a modification of his decisions. Hereare some of the examples given below.(i) RansomThe Rasoolullah fixed the amount of ransomfor prisoners of war at one Deenaar perhead. Hazrat Omar fixed different amountsfor different countries.(ii) COlU/lleredLandThe Rasoolullah distributed conquered landsamong soldiers. H ~ t ' O m a r disagreed withit and. after Prolonged consideration decidedthat since the coming generations also hadthe right to benefit by the conquered lands,they should not be distributed amongsoldiers but should remain in the charge ofthe State.(iii) MaintenanceAUoHlanceThe Rasoolullah gave the allowance at auniform rate. Hazrat Abu Bakr continued thepractice. But Hazrat Omar decided that the

. ainount of the allowance shall vary with theservices rendered by the recipient.(iv) Taleej-i-QoloobThe Rasoolullah gave financial assistanceout of State funds: Hazrat Omar stopped it


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24 and went so far as to withdraw the landswhich had been given out earlier to' certaintribal chiefs.(v) WineThe Rasoolullah did not specify thepunishment for a drunkard. Hazrat Abu Bakrfixed it at 40 lashes and Hazrat Omarincreased it to 80 lashes.

(vi) Tax on Agricultural ProduceThe Rasoolullah did not prescribe separaterates for individual articles. Hazrat Omar didit.(vii) ZakatThe Rasoolullah did not recover Zakat onhorses for sale and sea produce. HazratOmardid it.(viii) Call to PrayerIn Rasoolullah's time there was only one call(Altum) for Friday prayer. Hazrat Osmanmade it two. .

(ix) People of tire BookThe Quran permits Muslims to marry thefemale folk of the people of the Book. Thepermission was utilized up to the time ofHazrat .osman, but sensing disruption HazratAli suspended it.3. The following are some instances in which the first fourCaliphs have differed from one another:

(i) DivorceHazral Omar decided that if a man on sickbed divorces his wife, she will have a sharein inheritance provided the man dies withinthe period of lddal. Hazrat Osman did awaywith the proviso and allowed the widow ashare automatically.


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25 (ii) It/illllHazrat Om.ar held that the Jddat of a

pregnant woman ended with delivery, butHazrat Ali decided that her Jddat shall beuntil delivery or 4 months and 10 dayswhichever is longer.(iii) InheritJurceHazrat Abu Bakr did not allow a share to thebrothers of the deceased if his grand fatherwas alive. Hazrat Omar gave a .share to th!!brothers.

4. Instances of this kind can be multiplied if those m ~ W ' e s are taken into account, which Hazrat Umar introducedinitially. Their number, according to historians, rangesbetween forty and fifty. This number, however, is not theissue. The real issue is that the rightly guided Successors ofRasoolullah accepted and worked according to the principle. that the decisions taken during the time of Rasoolullahcould be modified, if the changed 'cireumstances sodemand. They extended the principle to the decisions takenamong themselves, and a Successor feIt no hesitation in~ n d i n g the decisions of his predecessor. This processstands to the reason that had the IOUlafat confined tofunction, the process of amending and revising theprovisions of Shariat would have gone on ad infinitum. ButKhilafat soon changed into Kingship wherein the King'sword became supreme and the system of legislationunderwent a marked change. In political matters, the King'swill became the law and the personal matters became theconcern of individual jurists. They brought about Fiqh by

. working on the same old lines of legislation, namelyrationally determining details suited to existing conditionsin the light of the Principles of the Qwan and the tmditions.of the Rasoolullah and his contemporaries. The conclusions. of Fiqh differ .from the earlier decisions'in several respects.


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2 6

In explaining the difference, Imam Abu Hanifa has givenone reason to be that the Rasoolullah arrived at hisdecisions after consultation with his companions. Many atime he accepted the views of the others in preference to hisown. Had Imam Abu Hanifa been present at the time, it is'quite possible that the Rasoolullah might have accepted his

. (Imam Abu Hanifa's) view in preference to all the otherviews expressed before him. That is why in elucidatingShah Waliullah's view, Maulana Ubaidullah Sindhi, arenowned Muslim thinker and reformer, and anacknowledged authority on Shah Wallullah, the reputedIndian Muslim thinker and reformer of the 18 th century,wrote: "It should be understood that the enforcement of thebasic law is preceded by the formulation of introductorysubsidiary laws bearing directly on the prevailing conditions ofthe people concerned." He (Maulana Ubaidullah Sindhi)further said: "The basic law is unchangeable but introductorylaws change with a change in anending circumstances. Theintroductory laws which Rasoolullah and his three immediateSuccessors formulated in consultation with the central council ofadvisers, are termed "Sunnan". The system whereby decisionswere reached by consultation broke down. however, after HawnOthman. The "Sunnah" embraces, according to the HanafiSchool of Thought, the practices of both Rasoolullah and hisrightly guided Successors. a view to which we also subscribe.But the practice of "Sunnah" which the current terminology willcall Bylaws must follow the Quran. 'file basic law isunchangeable: bylaws change with the changing circumstances.The old bylaws undergo changes to suit present requirementsand new ones have to be deduced to satisfy f r e s I L d ~ l o p m e n t s . This process is called Fiqh". (AI Furaqna, Waliullah Number.page 264).5. The considerations set out above lead to the followingconclusions:

(a) Allah has left out from the Quran matters of detailwithout overlooking anything.


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27 (b) The Rasoolullah detennined details but did notcodify. them for the MiHat. No one dare say that

non-codificatiori was accidental. It was deliberatesince the Rasoolullah knew that the details hedetermined "were not to prevail unchanged" for alltime to come .(c) The immediate successors of the Rasoolullah - theKhulafa-e-Rashideen - affected changes in hisdecisions as well as in the decisions of one another.(d) The sponsors of Fiqh carried out amendments in thedecisions orthe Rasoofullah and his companions asis evident from those provisions of Fiqh. which gocontrary to Traditions.(e) It follows, therefore, that the Islamic Government ofevery age has the right to frame its own laws tomeet the current requirements by keeping well

within the four-comers of the Principles given bythe Quran. In fratrllng the laws due attention will bepaid to what has preceded but the precedents willnot be followed ipso facto. They will serve as aguide and will continue undisturbed until a change .becomes necessary.TItis discussion leads to the basic provisions necessary forthe development of the Constitution of the Quran.IX. Basic Provisions of Quranic ConstitutionI. In considering an issue, the Islamic State follows thefollowing procedure:

i. It ascertains ihe principle bearing on the issue,which Allah has given in the Quran. The Qurangives generally the principles, which shouldgive various aspects of life in different agesaccording to ihe reqUirements of any particular. ! ,age.

ii. It visualizes clearly the urges of the Age and the


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28 State.iii. It looks for precedents in the collection ofTraditions (Ahadith) or the books of law (Fiqh)which might correspond. to present conditionsand the relevant Ql.Iran.icPrinciple.iv. If a precedent answers exactly the requirementsof the time, it is adopted straightway.v. If a precedent does not exactly answer the needsof the time it is adopted after suitableamendment.vi. . If a precedent. exact or partial, is not forthcoming, a new course is carved out to meet tlienew situation.

2. The responsibility for providing basic needs of theindividual rests with the State, which should see to itthat a citizen and his dependents are in nocircwnstances left unprovided with baSic needs, e.g.,food, clothing, shelter, medicine, education, etc.3. It is the duty of the State to provide, with passionatesense, adequate facilities for the fullest development ofthe potentialities of each and every individual under itscharge.4. In order to enable the State to fulfil its responsibility in

the above respects, it is necessary that the sources ofsustenance and the .means of production should'beshifted from individual Qwnership to the collectivecontrol of the State.5. In the Islamic State. justice is administered free of cost,that is, in obtaining adjudication rrOm a court of law theapplicant incurs no financial expense. .6. Assigwnent of offices is made solely on the basis ofpersonal qualifications and in complete disregard' offamily and other connections, suitable provision ismade for the withdrawal of assignment, whenneeessary. from all categories, from the Head of the
http:///reader/full/Ql.Iran.ichttp:///reader/full/Ql.Iran.ic


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29 State down to the lowest functionary.

7. Before the law all are equal, including the functionariesof the State, who, however, have the right to move thecourts of law for the protection of their rights. .

8. The Islamic State enforces these provisions 'Within itsterritorial limits with due regard to the best interests ofthe whole ofmankind. .9. The above provisions taken together substantially arethe sine qua non of Islamic Constitution. Disregard ofeven a single provision makes the Constitution unIslamic.10. This is the picture of the full-fledged Islamic State andtinte will be needed to attain it.This paves way to the tone and the pitch of the peculiarpoints for the Quranic Constitution.X. Peculiar Points for the Quranil: Constitution1. The Constitution of the State shall be based on theQuran which is, without exception, accepted by everyMuslim as the final authority in all matters, and ensureshuman dignity for each and every member of the Statewithout any distinction of religion, faith, caste, colour,

creed, or language. The Quran gives the basic principlesof life, which admit of no change and constitutePERMANENT V ALVES. Within four-walls of theseprinciples, the Quran allows the Islamic State to frameits own laws to suit the requirements of the time. Theprinciples remain immutable, but the laws change fromtime to time. This harmonious blending of "permanenceand change" gives Islamic Constitution.2. It shall recognize neither theocracy nor priesthood, butshall place all individuals on equal footing, allowingnone to command the other and charging all to one law.It will encourage the spirit of democracy allowing itfree play within the boundaries lay by the Quran.


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3. It shall ensure free and full development of humanpersonality and see that no one remains unprovidedwilh Ihe basic necessities of life, namely food, clolhing,shelter. education, medicine, etc.4. It shall. provide Ihat all means of production shall beentrusted to Ihe State to ensure equitable distribution.5. It shall direct Ihat 'education for all' shall not only beinformative but capable of so moulding Ihe child that hewill have beauty of character, breadth of vision, respect

for law, sense of personal responsibility, unity ofMil/at, love of humanity and failh in the universal lawsof God a1l in Ihe effect of actions. Such educationalone can save the people from baseness, blackmarketing, exploitation. prostitution and similar othersocial evils.

6. It shall guarantee non Muslims in Ihe State completeprotection of life, honour. property. religion, places ofworship and human rights and absolute justice forfriend and foe alike.

7. It shall direct all' efforts individual as well ascollective towards the higher and nobler goal ofinculcating in man respect for humankind and attajninga unified brolherhood ofman. which will be above race,sex. creed, caste, nationality. colour or language. Thishuman unification, which can be found not in blood orbones but in Ihe mind of man, can be achieved onlythrough the universal social order prescribed by theQuran, which is an absolute guidance for Ihe entirehumanity. .

8. It will prepare Ihe people to defend Rights anywhereand everywhere even at Ihe cost ofone's own life.These are the basis of legislation in an Islamic State, Now

we revert to the domain of Constitution making delineatingthe outlines of Ihe Quranic Constitution.


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PART-IIIOUTLINES OF QURANIC CONSTITUTION

I. Constitution: Concept and Two Basic PointsWithout any razzle-dazzle, the lexical meanings of'Constitution' are(a) "an authoritative enactment",(b) "an establisbed law",(c) "the mode in which a state or society is organized,

especially the manner in which sovereign power isdistributed",(d) "the system or body of fundamental rules and principles

of a nation, state or body politics that determines thepowers and duties of the govermnent and guaranteescertain rights to the people",

(e) "the written instrument embodying these fundamentalrules and constituting the organic law of the land". And(f) "the basic rules governing a social or professionalorganization. "(Gove. P. Babcock: Webster's Third New InternationalDictionary of the Engfish Usage Unabridged, Merriam-Webster Inc. Massachusetts, USA, 1986.)The common denominator in these meanings is the factorthat Constitution is understood to be "the sovereign power","the system or body of fundamental rules and principles ofthe goverrunent that guarantees certain rights to its people."As explained in Pan-I under "The Basis of Legislation inan Islamic State", the Quran gives guidelines forConstitution making. In this connection; the following twobasic points should once again borne in mind:

'i) The Quran lays down basic principles governingman's corporate life and, barring a few exceptions.does not determine details of those principles.


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32 Ummat-e-Muslima of every age has to framesubsidiary laws within the four-walls of thoseprinciples according to the requirements of its age.The intention is that while the fundamentals remaininviolable. the Islamic State of the day should itselfdetermine details to meet particular requirements ofthe time. Thus Islamic society is free to formulatesubsidiary laws in accordance with the prevailingconditions. provided they do not transgress theDivine limits. The subsidiary laws are liable tochange with the changing time.

ii) The Quran determines a clear goal of life for theMillat-e-lslamia, which has to be reached in stages.The Rasoolullah also built up a society gradually.This society then had implicit faith in the goal setbefore it by the Quran. The conduct of the societytoday is different. Though we claim to be Muslims.our faith in Quran is not strong enough to matchwith the faith of the Muslims of the days of theRasoolullah and the Khulafa-e-Rashideen. It isapparent that in spite of professing' faith in theQuran, we belie it by acting contrary to the teachingsof the Book. This retrogression is not of recentformation. Unfortunaiely, it has been handed downto us from centuries. It must, therefore, be clearlyunderstood that we cannot muslimise our longdeteriorated society overnight simply because we areMuslims The task of reformation is stupendouswhich. requires sustained and sincere efforts oversome considerable time. In the presentcircumstances. our leaders should first determine atwhat moral level our society stands today. And then. they should carefully plan to advance on the road ofrenaissance by stages, defining program of work tobe accomplished in each stage; thus enabling theMillat to reach gradually the ultimate goalestablishment ofQuranic Social Order.

Keeping the above two points in mind, we will now bring


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33 into focus the fundamental principles which the Quran laysdown as guidelines for framing an Islamic Constitution andleave the task of working out details thereof, in accordancewith the prevailing conditions, to the Constitution-makingbody.n. SovereigntySovereignty signifies the highest authority in a State whosedecision is considered final and binding on all., T0 defy thisauthority is considered treason. In autocrac) such a u t h o r i t ~ vests in the King, in dictatorship in the Dictator and indemocracy in Parliament, i.e., the elected representatives ofthe people. But according to the Quran, such authorityhelongs to Allah, to the complete exclusion of anyone else(12: 40: 18: 26; 21: 23). God's authority is absolute andcannot he questioned. Every other authority is questionable.The question arises. since we cannot see or talk to God,. how will then His authority he exercised among thepeople? God Himself has answered this question. He says:

(0 Prophet! tell them) Shall I seek other than Allah for judge.when He it is Who hath revealed unto you (this) Scripture,fully explained? (6: 115)Thus the difference between a.n Islamic State and a nonIslamic State is that. in the former the'sovereignty vests intheQuran and in the latter in a single person or group ofpersons. This dissintilarity distinguishes Islam from Kufr,

Those who do not establish a State according to the Bookrevealed by Allah. they are the disbelievers, (5: 44)This is why the Rasoolullah, who established the IslamicState. was commanded:So judge between them by that which Allah revealed. (5: 48',It was this eminent factuality which prompted the Quaid-eAzam. Muhammad Ali Jinnah. the first Governor Generalof Pakistan, to say in answer to a question in Hyderabad


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34 (India) while addressing Usmania University StudentsUmon:

There is a special feature of the Islamic State. which must Uptbe overlooked. There. obedience is due to God. which takespractical shape in the Quranic Principles and Commands. InIslam obedience is due neither to a King. nor to a parliament.nor 10 any individual organization, It is the Quranicp r o v i s J O n s ~ which determine the principles of our freedom anddiscipline in poli,tical and social spheres. In other words.lslamic State. is an agency for enforcmg Quranic principlesand injunctions.

In the light ofwhat has been stated above the first Article inthe Islamic Constitution should be:Article (})Sovereignty shall belong to God i. e.. the supremeauthority shall vest in the Quran. which shall formthe basis of the State and its laws. and nothingrepugnant thereto will be acceptable.

III. Limitations of tbe Constituent Assembly andLegislaturesThe Quran says:Perfected is the word of thy Lord in truth and justice. There isnaughtthat can change His words (6: 116).

Thereti)fe. neither the Head of the State. nor the legislaturecan change or amend the commands. and principles laiddown in the Quran. They can. of course. make subsidiarylaws within the boundary lines of the Divine Principles. Inthis respect the authority of the democratic Islamic Statecannot be absolute and unlimited. The Quran will controlsuch a democracy. Consequently, the second Article of theConstitution should be:

Article (2)The basis of the laws of the State will be the Quran.


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The Legislature will be free to frame laws inaccordance with the prevailing conditions of thecountry provided those laws do not transgress theQuranic Principles. The State shall not enact. anylaw repugnant to the Quran.

IV. Final Authority to adjudge what is and what is notIslamicA question is bound to arise, with reference to Article (2),as to who will decide that a particular enactment does ordoes not accord with the Quranic Principles. We considerthat a high powered Law Commission should be appointedto examine the existing laws and those on the anvil andrecommend. when necessary. amendments therein to bringthem into line with the Principles of the Quran. The finaldecision to detennine as to whether any law does or doesnot accord with the Quran, should. however. rest with theSupreme Court. We, therefore. propose that the next Articleof the new Constitution should be:

Article (3)A Law Commission shall be appointed to examinethe existing laws of the country. and those to beenacted in future, in the light of the Quran anddirected to submit their recommendations toGovernment The final decision as to whether aparticular law or Bill confonns to the Quran will,h o w e v ~ r . rest with the Supreme Court. Anyindividual or public body interested in a particularlaw will be pennined by the Court to plead for his!their point of view on that particular law.

N.B. The existence of priesthood among the Umma is un-Quranic. In a Muslim State, it is for the Governmentinstitutions to decide whether a particular social behaviouris Islamic or not


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V. Criterion ofNatiQnalityThe system of Government of an Islamic State isconsultative. The nation is comprised of the entire Mil/atand its affairs are to be managed by mutual consultation.Says the Quran:(Allah rewards) those who (conduct) their affairs, mutualconsultation. (42: 38)The Rasoolullah was also commanded to:Hold consultations with them in the affairs of the State. (3:158)These injunctions lay down a basic principle ofdeliberationthrough mutual consultation in matters of State. Details ofthis principle have not been given in the QUran because thepractical shape thereof will he different in different agesand different countries. The Umma will determine the formof consultation according to the conditions of its nwn timeand clime.It may be noted that the above principle has beenconditioned by the word hainahum (42: 38). It means that theindividuals of the Umma are to hold counsels amongthemselves to the exclusion of Unbelievers. This is animportant and basic condition relevant to a/-Deen. It is inreality the criterion of nationality in Islam. All Muslimsirrespective of colour. race. language, and country forminto one nation. Their faith is the binding force and not theconsideration of race and country. This is the very ideologyof the countl] for which the Quranic Constitution is to beenacted. Hence it should be made clear in an IslamicConstitution that the next Article of the new Constitutionshould be;

Article (4)Non-Muslims cannot form part of the Muslim


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nation. Therefore. they cannot be taken intoconfidence in the affairs of the State, especially athigher echelons of the administration. They canneither be elected as members of Parliament. norcan they vote in the elections of these members.They can neither hold such posts where they couldget access to Government secrets. They will,however. be afforded all those rights and privileges. detailed in Para XIV on the next pages.It should be noted that a Constitution which does notinclude such a clause. cannot be called an IslamicConstitution. and neither can that country be called Islamicin which such a deficient Constitution is introduced. TheQuran does not allow such a compromise. This is one of thebasic-principles ofDeen.VI. Religious Seds and Political PartiesWe have seen in Para 1 V of Part-ll (T,he Two-NationTbeory) above that the aim of the Book revealed indifferent ages has all along been to remove the differencesamong mankind. Tbe Book means a set of Divine Laws.People of a country can become one nation only when theyall agree to observe one set of laws. In other words.onenesS of a nation de;i)ends on the oneness of the lawsgoverning them. Different groups of a nation observingdifferent sets of laws cannot be welded into one nation.Ummm-e-Muslima can. therefore. be welded into onenation only ifall people comprising it observe one commonset of laws. As all Muslims are enjoined to observe aparticular set of laws (the Quran). the question ofdifferences among them cannot and should' not arise. TheQuran does not differentiate between personal laws andpublic laws; neither is there any concept therein ofdifferentsects following different sets of laws. personal or()therwise. The e",istence of sects in Islam is the very


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negation of the text of the Quran (30:31). There being nodualism of religion and politics in Islam. the existence ofreligious sects as well as political parties is anathema(shirk) according to the Quran. The Quran has called thisdualism as Pharoah's diplomacy (28: 4). Unfortunately theMilia/-e-/slamia has been indoctrinated with the curse ofreligious sectarianism from centuries. We cannot. therefore.gel rid 9f this malady overnight. The political parties.however. can be done away with by law at once. As for thereligious sects. we consider that if:

I . The law of the country is based solely on Ihe Quran.it being applicable to all Muslims alike. sectarianismwill be dissolved automatically:ii. The education system is reformed in such a way thatthe existing un-Islamic dualism of imparting secularand religious instructions separately is abolished andthe students are so educated that. along with thepresent courses of study. Ihey are taught thePermanent Values of life as revealed in the Quran.The awareness of Deen thus aroused willautomatically resolve the sectarian differences.When students come to know of the purpose ofhuman existence as sel before the'm by the Quran.they arc bound to shun factionalism,

In the circumstances. the next article of the ConstitutionshoUld be:

Article (5)i). The laws framed on' the basis of the Quran toadminister the State will be applicable equally to allMuslims of the country:ii). Political parties will be dissolved by law,


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VII. R,elations with other Muslim StatesFrom Quranic point of view. all Muslims inhabiting anypart of the world form part of the Millar-e-Mamia, Theymay form themselves into separate States in differentterritories for administrative purposes. nevertheless theyremain members of one brotherhood-Mil/al-e-Wahida,They may belong to different races. speak differentlanguages and have different names for their countries butthe} cannot be divided into separate nations. 'Mi/lar-eWahida encompasses all Muslims of the world irrespectiveof race. colour. language and country. This concept ofbrotherhood has to determine the relations with otherMuslim States. It is the basic requirement of Islam thatrelations among different Muslim States should be such asare expected among individuals of the same nation.Therefore. the next Article of the Quranic Constitutionshould be:

Article (6)It is the natural result and logical corollary of theconcept of constituting nationhood on the basis of acommon Deen that all Muslims inhabiting differentcountries should be, treated as members of onenation, The relations with other Muslim countriesshould be established on this basic principle of theQuran.

VIII. System of GovernmentWe have expounded above that Muslims allover the world are members of one nation, To avoid disintegration caused , by language. colour. race. localit}'. etc" it is necessary that basic changes should be brought about in the s}'stem of Government. We consider that a unitary pattern Government should be introduced wherein representation of any part of the country on population basis should not be aimed at. Provinces or states should be abolished and the


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whole country as one entity should remain demarcated as atpresent into Commissioneries and Districts. The criterionfor recruitment in servi{;es should be solely personal meritand character. The system .of education should beoverhauled and recast so as to inculcate into tbeminds ofthe students the values of'ljfe as revealed in the Quran; "AllMuslims are brothers i r r e s p e ~ t i v e o f tneir-casle. c ~ e a . .race,colour. language and country." Education of thi pattern willchange the mental horizon of our younger genenltion andthey will shun factional and sectional divisionS. -This wethink is the only solution 10 weld Muslims of all parts of theworld into one nation.IX. Form orGovernmentThe Quran does not dwell on the subject of the form ofGovernment. It leaves to the Umma to shape theirGovernments to suit their requirements. We. however.consider that presidential form of Government is nearer tothe Quranic concept of State. In this system theresponsibility of taking decisions rests on one individualHead of the State-who is answerable 10 the people. InParlia,mentary system. no particular individual is heldresponsible for collective decisions. It may be noted that inan Islamic State. the Head of the State cannot wielddictatorial powers. He cannot behave 'as a dictator becausehe has to exercise his powers within the limitations of theQuranic tenets. The concept of dictatorship is repugnant tothe Quran.Opposition party. in modem political terminology. does notexist in the co!)sultative body (Assembly) of an IslamicState. In Western democracy. the system of political partiesis ngid. Members must cast their votes in accordance withthe dictates of their parties irrespective of "thc call of theirown inner feelings they have developed within the valu\!system they have lived". Members of an Islamic


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+1 Consultative body (Assembly) are not bound by partysystem. There is only one party -Hizbullah. Everyproblem that comes up for consideration in the Assembly isfreely discussed on its merits and the Head of the State Inthe light of that disCussion takes decisions. The-division ofthe lIlltion in ~ or more permanently antagonistic politicalp


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42 Those amongst you are more respectable who obey the Divine

commandments most. (49: 13)Do not obey him whose mind is neglectful of God's laws. whcfollows his own desires for personal gain and who has gonebeyond all bounds. (18: 28)

Thus the conditions of capability and moral excellenceshall be applicable to every one from the Head of the Statedown to the lowest Government servant and otherindividuals connected with any State activity, includingvoters, members.of legislatures or advisory bodies, etc.Therefore, the Constitution should provide:

Article (8)The Head of the State, members of his Consultativebodies (Cabinet,and Legislatures). all officers of theExecutive and Judiciary and other staff andindividuals connected with the working ofGovernment machinery. including local bodies.should necessarily possess the followingqualifications:i), KnO\\ledge of Quranic principles andcommandments;ii), Capabi lity to carry out the duties entrustedto them:iii), Uprightness in private and public affairs:. iv J. Capability to rise above emotions andpersonal gains in public affairs,

IX (b). Educational SystemThe future of a nation depends on proper education. and upbringing of its growing generations, It is one of the basicresponsibilities of the State-not individually of theparents..-to provide right type of education lor the nation'schildren according to their mental c a p a d t ~ and natural

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inclination at every stage of their development. For thecOllfltry based on the Quran's concept of life. the basis of itseducation system will be quite different from the system ofeducation in secular States. In view of this significance. thissubject of education will be dwelt upon with reference toPakistan at some length. to make this point clear.The purpose of the struggle to achieve Pakistan was that thepeople would be able to conduct their lives in accordancewith Quranic concepts. After achieving Pakistan theforemost duty should have been to recast the educationsystem so as to bring it in tune with its ideology.Unfortunately those at the helm of affairs failed to do sowith the result that during the last so many years theschools. colleges, and universities have turned out youth ofthe quality no one can be proud of. Most of them havewayward tendencies and they find no purpose either in theirown lives or in the national existence. The youth is themost vital part of a nation. but their defective education isturning them into '! threateningly unstable factor of thenational life in Pakistan. The survival of the nation dependsupon the reorganization of the educational system. Thefuture of Pakistan demands from the masses and especiallyfrom those at the helm of affairs a new approach to thisproblem.The ideology of Pakistan is based on the Quranicevaluation of the personality and achievements ofRasoolullah. If the edifice of the educational system isbuilt on the basis of this ideology, the youth will find apurpose to live for and die for. They will acquire a vision todeliberate on problems--personal. national orinternational-in the light of the Quranic concepts andvalues. The notion of establishment of "Maktabs" and"Darul-Ulooms'" for religious education and schools andcolleges for secular education.' separately. is highly


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erroneous. The very idea of duality of religious and seculareducation is basically un-Islamic. The theologicalestablishments have served to perpetuate the institution ofpriest-hood. which has no place in a Quranic Social Order.The present system in vogue of teaching Islamiyat in theschools and colleges/universities, whereby one period isaside daily for religious teaching. or the introduction ofIslami}at as a subject for M.A. course, has taken themasses nowhere near the goal. In this system. a studentmay acquire a little more infonnation about religiousmatters. but the final purpose is not achieved. What is thisfinal purpose? Late Dr. Sir Allama Muhammad Iqbal hasexplained it so precisely and yet so comprehensively thus;

The purpose is "to unlock all worldly doors with the keyofDeen (permanent values given in the Quran )".The Islamic education should enable the students to solveevery human problem in the light of the Quranic concepts.They should acquire a clear perception of how the Quranicknowledge becomes the key that unlocks the doors ofhuman problems and unravels all mysteries.of life. To seek. for such knowledge a new approach will have to be made.different from the all-too-familiar and futile teaching ofIslamiyat in the educational institutions. The correctmethod of imparting education is that. whatever thesubjects of their studies-physics or chemistry. biology orphysiology, history or philosophy, economics or politicalscience. etc . - the students should be taught how everybranch of knowledge can be helpful in accomplishing the. great plan which the Quran has set before us as the purposeof human existence. This plan aims at harnessing the forcesand resources of nature and then utilizing them for thebenefit of all mankind in the light of Quranic values. Witheducation of this type. the Pakistani youth wilt\eam tor ~ g u l a t e their individual and collective life in al.',\,rdance.


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with the pennanent values revealed by God in the Quranand regard this behaviour as the highest virtue of,man. Hewill acquire strength and purity of character, which he lacksat present.The basic change in the educational system in Pakistan, asoutlined above, should be brought about without furtherloss of time. So far the higher echelons of the society havewoefully neglected the upbringing of its youth on properlines. The revised curriculum should lay special stress onthe knowledge of the ideology of Pakistan, which in fact isthe ideology of Islam.In the circumstances explained above, one of the articles ofthe new Constitution should be to the following effect:

Article (9)The responsibility of imparting education to thechildren of the nation, from start to finish, will restwith the State and not the parents. The system ofimparting religious and secular edueation separatelywill be abolished and students will be educated inmodem sciences in such a way that they will be ableto discern the guidance, which the Quran offers inrespect of each branch of knowledge.

X. JudiciaryThe axis round which an Islamic State revolves isJUSTICE. "Verily Allah bids to do justice" (16: 90). Thisinjunction admits of no exception; it will be done even tothe enemy. "Let not detestation for a people move you notto be just" (5: 8).Justice has two aspects, social justice and legal justice. Sofar as social justice is concerned, the Quran lays down thefollowing principles:


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i). Every human being, irrespective ofparentage. shall be respected equally withothers;Every citizen shall be provided, with meansand opportunities for development of hispotentialities on the basis of equality;iii). The criterion for public recognition shall bepersonal merit

iv). Persons shaH be assigned to d(> the jobssuited to their talent:vJ. No one shall be deprived of fundamentalhuman rights.Legal justice relates 10 disputes between contesting partiesand crimes and punishment. The ends of justice aresupposed to have been met if the decisions are taken inaccordance with the law in torce. But if the law itself is notbased on justice. the decisions taken in accordancetherewith cannot be called just. The Quranic criterion oflaw being just is that it should be based on the DivinePrinciples. It lias. therefore. been enjoined:

"Guide with the truth and establish justice therewith" (7:181 ).Here truth means "revelation," In Section IV. Article (3).we have suggested that the Supreme Court of the countryshould be the final authority to determine whether or not aparticular law conforms to the Quranic Principles. and thatsuch discretion should not be left to the priesthood whosevery existence is un-Islamic. Therefore. before enforcingany new law. which may not have been correctly framed inaccordance with the Quranic Principles and which mightsubsequently be challenged in the courts of law, it isadvisable that it be first vetted by the Supreme Court. Allaffairs. public or private. are adjudged by the State. It


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47 should. therefore. be the duty vf the State. and not of thepriesthood. to interpret the law.It is the primary responsibility of the State to come to therescue of the oppressed citizen and to redress hisgrievances. In order that every helpless aggrieved personcould seek redress in a court of law. justice should beadministered free of cost.Islamic State is also responsible to protect the life. propertyand honour of every citizen. If any citizen suffers any loss.not through his own negligence. the State shouldcompensate him adequately and punish the culprits.The Quranic Justice also demands that accused personsshould neither be put behind bars. nor put 10 any anguishtill such time the charges against them are proved. Topunish an individual without trial is Injustice. In thiscontext. special peculiarities of an Islamic Societyaccording to the Quran are:

Whosoever followeth My guidance. shall have no fe.r comeupon them. neither shall they grieve. (2 : 38)

Every individual will feel immune from every type ofdanger and dread and peace-loving citi7ns will have noanxiety under any circumstance.Each soul eameth only on its own account. nor doth any ladenbear another's burden. (6 : 165)

No one will be forced to bear the load of another person.Everyone will perform his own duties and will beresponsible for his own actions. No culprit will escapepunishment and no innocent person will suffer agony. Eventhe Head of the State cannot be considered above law.

Wrong not and ye shall not be wJonged. (2:279)


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This is an important principle of the Islamic Social Order.In the light of the foregoing, the Constitution shouldprovide an article to the following effect:

Article 00)Dispensation of Social and Legal Justice will be !hebasic duty of !he State. Social Justice means thatevery citizen will be entitled to claim fundamentalhuman rights (which have been discussed in paraXV) and if anyone is deprived of them, he can seekredress in a court of law free of charge. LegalJustice means !hat all disputes among parties will beadjudged by the State according to law. free of cost.As far as possible the aggrieved persons will becompensated lor their losses.

Xl. Change in Outlook on LifeReformation of a society cannot be brought about throughfear of law alone. The whip no doubt is necessary for thecorrupt people but an abiding reformation of a societycomes about through psychological' change in itsindividuals. resulting from their conviction in the veracityof Permanent Values of life. This faith will urge them torespect the law and they would not grudge if its decisionsgo against them. Says the Quran:

... they will not believe (in Truth) until they make thee Judgeof what is in dispute between them and thereafter feel not theleast vexatious in their hearts over what thou decideth andsubmit with rull submission. (4 : 65)

The sense of respect for law so derived by the people. willbring about a quick reformation of society. As a matter offact the rise and filII of nations depends on such apsychological change in !he people. Says the Quran:


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4.-9 Lo, Aliah changeth not the condition ofa folk until they (first)change that which is in their hearts. (13: II)

To enable such a psychological change to take place in tl1enation, it is imperative that the Constitution should providean article to the folloWing effect:. Article (11)Organization of educational system on the Quranic

concepts to Idndle in our youth an ardent desire tolive their lives in accordaDce with the PermanentValues as revealed by Allah will be the basic dutyofthe State.

XII. Relatiollllbip betweeQ Individuals and StateTIiis relationship has been beautifully expressed in theQuran as a fomi ofmutual contract between God and man: .

God has b!>ught from the believers their lives and what theyhave of material thipgs so that He may give them Jannoh. (9:Ill)God is represented on earth by the Islamic State. Accordingto this contract, becomes the duty of the individual toconsider his life and property as a trust of the Islamic State,w h o ~ responsibility in tum shall be to arrange sustenancefor him so that he is assured of Jannah. i.e., life of peace,plenty and security here in this world as well as in theHereafter, the two co.nditions being interdependent.In Fascist system, the State is considered to be an idol andthe individuals of the society are supposed to be sacrificedon its altar at the personal discretion of a person or a groupof persons.. Whereas in the Quranic System.. the individualsare given the surety of the life ofJannah, where they areneither made dependent on others, !lOr are they ruled byanybody's personal discretion to their peril. In this system


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the obedience is due only to Divine Laws and the IslamicState becomes responsible to provide sustenance for thepeople. Therefore. in an Islamic State there is no Fascistoppression where human liberties are sacrificed on the altarof the, State. In the circumstances. there should 'be anArticle in the Constitution on individual's relationship withthe State to the following effect:

Article (12)No one in the country shall be dependent on or be aserfofanother individual. The law of the land basedon the Quranic concepts will govern everyone andno one shall be allowed to override it. State shallcreate such atmosphere of Adl and Ehsan in thecountry that genuine respect for law will arise fromthe heart of the people and every one will livewithout fear and ftustration.

XIII. According to the Quran, State is not an end in itself; it provides means to an end. The social objectives of an Islamic State are as under: If We give them (those who help God) authority in the land,they will anend to Iqamat-e-SalaaJ (helping people followDivine Law closely) and EitQ..e-ZaIiai (providing them withmeans of development), will bid to do the recognized (by theQuran) and forbid the un-recognized. and do all things as Godwills. (22: 41)

Out of these objectives, only Zelkol, 'being ,relevant to thesubject under discussion, will be discussed. The QW'III1icphrase (Aatu: zakata) is generally translated 'they will payZelkol' and Zelkol is taken to mean that 2 112 per cent of theyearly-accumulated wealth will be paid to the poor. This.isnot the Quranic concept of Zelkot. Firstly, there is nomention anywhere in the Quran of the rate at which Zelkolis to be paid. 'Secondly. it conveys the impression that it is


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not necessary for Muslims to have a State of their own topay Zakat. Now take the exampie of Pakistan. The Muslimsused to pay such Zakat individually in India under Britishrule and the Muslims there, still pay Zakat individuallyunder Hindu rule. But the Quranic connotation of thisphrase is quite different. It enjoins a duty which could beperformed only through an independent Muslim State;rather it is a dutY which has to be performed by the MuslimState itself and not by the people individually. Thirdly, theQuran does not allow wealth to be accumulated byindividuals. Therefore, the question of payment of Zakatdoes not arise

. Zilkat means to grow, to flower, to develop into fruition.The Quranic intention is that when the -Jamat-e-Momineenwill come into power and head a Government, their dutyshaH be to provide Zakat. i.e.. necessary means for thegrowth and development of the individuals of the Society.These means are intended to cover food, clothing, housing,education, medical iud, etc., and also development of theindividuals' personalities. At another place, the Quran hasenjoined:

They shall arrange to provide sustenance. (23: 4)As a matter of fact Allah has taken upon Himself theresponsibility to provide - means of sustenanee forhumankind;

Allah provides sustenance for th"'l' as well as for theiroffspring. ( 6 ~ 1 S 2 ) .The State, which is established in the name of Allah,becomes responsible to fulfil the responsibilitioel. whichAllah has taken upon Himself" to fulfil. Therefore, it is theresponsibility of an Islamic State to arrange for theprovision of basic necessities of lire for the people. It isapparent that no - State can f u l ~ 1 such enomlous


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52 responsibilities until all the sources of production of acountry are under its direct control:If sources of productionremain in private Possession, the State cannot acquit itselfof its tesponsibilities.

"-

Primary so'u!:ce of production is land. Besides producingfood, it also .yields' tninCrals and other raw materials forvarious industrial products, which also form means ofsustenance. Says the Quran:

1'be land belongs to Allah. (7: 10)II provides sustenance for humankind. (5: II)II provides suslenance for the needy folks. (56: 73)Therefore, land's produce should remain open alike for allthe needy on the basis of equality (41: I 0). Land being thecollective property of the entire humankind, none can claimexclusive rights of possession on any part thereof. ItshOuld, therefore. remain in the custody of the State lis aTrust for the benefit ofall the needy alike.So far as the earnings of the individuals are concerned, theQuran has also termed tb,em as Amwal-un-Nas i.e.,collective property of hllllllllWnd. Therefore, earnings ofanyone person cannot be called his personal property. Wehave seen above that a Momin is suppoSed to have pledgedhis life and property to Allah in exchange for a life ofJanrt(l},;

Lo, Allah hath bought from the believers their lives and theirbelongings because the Jannah will be theirs. (I2: I II)They ask thee what they 'oughl to spend. Say, all that, which issurplus {to their requirem01lts). (2: 2(9)

Thus, Momineen's (!arnings are also nQt considered as theirexclusive property. It shall be d ~ e d to be a trust, whichthe State can recall, as and when required.


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It will be seen from the above d i s c u s ~ i o n that, in an IslamicState, neither land nor swplus money with individuals, canbecome personal property. Therefore, the possibility ofindividuals raising properties and hoarding money toexploit others becomes non-existent. The State beingresponsible for the provision of basic necessities of life ofindividuals, the question of determining salaries and wagesof the workers would also not arise. The basic principle ofsuch an economic system would; therefore, be . hefo\lowing Article in the Constitution:

Article (13)Every individual shall be made to work in his job tohis full capacity and capability, necc:ssary means forhis growth, deVelopment and sustenance havingbeen p r o v i d ~ for I!im bytbe State. To enable theState to fulfil this obligation, it is essential that the

" .means of production 9f1hf country should remainunder its direct control.This, in short, is the goal of the Quran's Economic System,which should be included in the Constitution of every.Islamic State. The goal,!)! course, will have to be reachedgradually according to a p r e d e t e J : m i n ~ .practical plan.. .XIV. Position of non-Muslims in the StateIn Para V we .have stated the Quranic view that f 1 D n ~ Muslim citizens of an IsJamk; St4ie ~ be considered asmembers of the Muslim nation. Therefore, they cannotshare witli Muslims the ~ i i I s of an Isianllc State based onthe Quranlc Ideology. They are; ofC()urse, alwh,Ys inVited .to think over this ideology dispassionatdy. If, afterdeliberation and without any . fear of compulsion, they findit aeceptable, well and good; otherwise, they are peifectlyfree to reject it:


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There is no compulsion in Al-Deen. (2: 256)Freedom of thought is a Quranic Pennanent Value, andunconditional right of every individual. None can force hisreligion upon others. Says the Quran:

We have sent down upon you the Book for the guidance of thewhole of mankind with the Truth. Whosoever accepts it as hisguide for a straight march, he accepts il to his own gain andwhosoever goes astray. he does so to his own loss. You(Rasoolullah) are not responsible for their decision and action,nor have you been appointed to compel them to adopt the rightpath. (39: 41)

The door for joining the Muslim nation and working for theMuslim State is wide open for those who would care tocome in:So, whoever so wishes, may take a way to his God. (73.: 19)

I f anyone does not come in, he is free to exercise his choiceand should accept the consequences willingly. Sura-e-Fatirbrings out this point prominently:It is He who made you successors in authority on the earth.So, whosoever disbelieves (does not accept the ideology andthe Conslitution on which that authority is based), he isresponsible for Ihe rejection and should nol grudge anyuntoward consequences. (35:39)

A non-Muslim should not aspire to the gains, which abelief in the ideology confers on the Muslims. By theirrejection, if the non-Muslims have shut the door of goodagainst themselves, they themselves are to blame for it. Thedoor, however, always remains wide open and if the non. Muslims so wish, they will be quite welcome insidewhenever they decide to come in.


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55 Citizens of a Muslim State who cannot persuadethemselves to accept its ideology will not obviously beprepared to participate in giving practical Shape to ,LItideology and, therefore, cannot aspire to be among thosewho run the Government machinery. They have to remainoutside the Government automatically, because they cannever be expected to support and work for an ideologywhich does not find favour with them and which they have,after careful thought, decided to reject.In certain quarters this attitude towards non-Mulims istaken exception of as being opposed to broad-mindedness.They overlook the fact that an organization based on anideology will ~ v e r admit one who is opposed to thatideology. Even in secular democratic Government the partyin power will never take into the Government a member ofthe Opposition. The matter becomes much more serious inthe case of an Islamic State, which is based exclusively onan Ideology. The sole object before an Islamic State beingthe enforcement of Divine Laws, how can it afford to takesuch people in Government. and expect them to advance anideology to which they are opposed? Even if it does takethem somehow, they will be untrue to themselves if theyparticipated in running the Government charged withpropagllling an ideology, which goes counter to their belief.By rejecting the Islamic Ideology. they disqualifythemselves vpluntarily from being a functionary of anIslamic State. Their exclusion from sharing with Muslimsthe reins of Govermnent does not, however. affect theirother rights which have been assured to them by the Quranand which must be honoured in all circumstances. TheState will afford them full protection concerning their life.property. honour and places of 'worship. They will havecOmplete freedom in the observance of their respectivereligions; they will be treated generously (60: 8): they willalways have justice (5: 8). In fact they will, in a way, be


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56 better off than Muslims who will have, so to say. hold thehorns of the cow but share equally with non-Muslims itsmilk. Against an advancing enemy it is the Muslim armieswho will march fOlWatd and face the enemy fuing so thatthe non-Muslims and their places of worship may remainsafe (22:46). In case all these amenities fail to satisfy thenon-Muslims, and

Constitution of Islamic State by G A Parwez published by idara Tulu-e-islam

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Transcript of Constitution of Islamic State by G A Parwez published by idara Tulu-e-islam