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Madinat al-Muslimeen Islamic Message Board
| Participation of Islamists in a non-Islamic Govt |
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| Barr |
| 09/25/02 at 20:38:57 |
| [color=blue]THE PARTICIPATION OF ISLAMISTS IN A NON-ISLAMIC GOVERNMENT BY Rachid Ghannouchi [/color] This paper attempts to answer the question related to the position of Islam regarding the participation of its followers in establishing or administering a non-Islamic regime. Prior to attempting to provide an answer to this question certain facts need to be underlined: First : the fact that a concept for an Islamic government does exist, and that it is the religious duty of Muslims, both individuals and groups, to work for the establishment of such a government. Second : the fact that such an Islamic government, in the circumstances under discussion, is non-existent, and that had it been in existence, a Muslim would have no option but to support it and work for the reformation of such elements of corruption as might exist within it. Third : the fact that the present circumstances do not seem to favour the establishment of an Islamic government. So much effort has been exerted in order to establish such a government, and despite their failure so far, it is the duty of all Muslims to continue the effort and cooperate in order to fulfil Allah's commandment and establish justice on earth. The Holy Qur'an says: "O you who believe! stand out firmly for Allah, as witnesses to fair dealing, and let not the hatred of others towards you make you swerve to wrong and depart from justice. Be just, that is next to piety, and fear Allah. For Allah is well-acquainted with all that you do." (5:8) In the same chapter, verse 49 reads: "Judge between them by what Allah has revealed, and follow not their vain desires", while verse 44 reads: "Those who do not judge by what Allah has revealed, they are unbelievers." Exceptional circumstances: The scope of this discussion does not apply to the normal situation when the Muslim community can establish the system of its intellectual, political, economic, international and other relations on the basis of Islam and in conformity with its faith and cultural heritage - the heritage which continues to be deep-rooted in the hearts and souls of Muslims despite the attempts of Western colonial occupation to undermine its fundamental principles. The discussion here focuses on the exceptional situation when the community of believers is unable to accomplish its goal of establishing the Islamic government directly. In this case the community is faced with tough options. Realism and flexibility are among the most important features of Islamic methodology. These features explain the fact that this religion is an eternal way of life that is suitable for all times and all places. Furthermore, the lives of human communities, including the community of Muslims, are in continuous dynamism just like the life of an individual human being. Fluctuations between health and sickness, victory and defeat, success and failure, progress and slipping back, strength and weakness are only natural. Therefore, it is imperative that a religion which came for the purpose of improving the life of all humans wherever and whenever they exist should have the capacity to respond to all emerging situations and forms of development through which the Muslim communities may pass. And in doing so, such a religion would have to draw the main straight lines as well as the bending ones; that is it would not just be content with drawing the lines for the absolute fundamentals during normal circumstances, but would also define the rules and mechanisms which ought to be followed and observed during exceptional extra-ordinary circumstances. In this way the believers remain in close contact with the fundamentals of the Shari'ah (the revealed or canonical law of Islam) in the situations of both strength and weakness. The Fiqh (jurisprudence) of requirements and necessities: The Muslims' heritage of jurisprudence is the greatest and richest legal or canonical heritage ever possessed by any single community, so much so that the Muslims can justifiably be called the community of jurisprudence. The greatness of this jurisprudence stems from the fact that it is founded upon major legislative foundations known as 'ilm al-usul (the science of fundamentals), which is a great Islamic science. This science was studied thoroughly and developed over the years by highly talented and authoritative scholars. The apex of this development was reached by Al-Andalusi Ash-Shatibi whose studies and thoughts were complementary to those of his predecessor Imam Ash-Shafi'i. The learned scholars who dedicated their lives to this important realm of knowledge believed in the greatness of Islam; they thoroughly studied the revelation (Qur'an), the Sunnah (traditions of the Prophet) and the heritage of jurisprudence. They also took into consideration the various practical experiences and applications of jurisprudence throughout the centuries together with the sum of knowledge acquired by man during their own time. Through this collection of the sources of knowledge, and in the light of their understanding of the purposes and objectives of Islam, they formulated a set of fundamentals for legislation whose ultimate goal is to serve the interests of man - the very essence of the message of Islam. Ash-Shatibi says: "From our exploration of the Shari'ah, we have concluded that it was only set up to serve the interests of man. This is a conclusion which no one can dispute, including Ar-Razi himself. Canon laws were made for only one purpose and that is to serve the interests of humans in this life and in the hereafter. Allah says in the Qur'an: "We sent you not but as a mercy for all creatures" (21:107); "Allah does not wish to place you in difficulty, but to purify you, and to complete His favour to you" (5:6); "In the Law of Equality there is (saving of) life to you" . (2:179) {11} In his book AI-Muwafaqat, Ash-Shatibi details the types of requirements which Messengers were sent to fulfil in the lives of humans. He categorised them into 'essential requirements' without which life would be ruined; these requirements include the protection of faith, of life, of progeny, of wealth and of the mind. Then he spoke of the 'special requirements' without which man would be in distress and hardship. They include the requirement to enjoy lawful and good things in life. Finally, he spoke of 'ameliorative requirements' whose absence would not seriously undermine life. These include the various manners related for instance to eating and drinking etc. The fulfilment of such requirements is aimed at improving the quality of life. {2} The general inclination in contemporary Islamic political thought is to adopt Ash-Shatibi's concept of the purposes of religion, namely that religion was revealed only to fulfil and protect the, needs and interests of mankind in this life and in the hereafter, as a general framework for tackling new problems in the Muslim society. Within the framework of this general perspective or purpose of the Shari'ah, the details of religion find their appropriate place as branches of the fundamentals. Within the same perspective, all new problems in the lives not only of Muslims but of all humanity, can find proper solutions that guarantee the fulfilment of their requirements. In this way evils can be averted without any need for violating the provisions of Allah's divine law, since this law already includes general principles from which new deductions can be made whenever life progresses or changes. Some of these principles apply to standard situations and normal circumstances, while others deal with exceptional situations and extraordinary circumstances. An example to the latter is the principle of 'necessities eliminate prohibitions' (necessity knows no law). This principle is a Qur'anic principle. Allah says: "But if one is forced by necessity, without wilful disobedience nor transgressing due limits, then is he guiltless." (2:173) Similar to this are the principles of balancing between the better and the worse and opting for that which seems to best serve the general interest of the people, and the principle of outcomes or consequences according to which acts are judged on the basis of what they lead to. The decisive criterion in all cases is the fulfilment of the needs of humans and serving their best interests. {3} Power-sharing in a non-Islamic government: The general rule in judging the acts of humans is that all actions are permissible unless a prohibition is specified. The prohibition in this case is derived from the commandment to implement the law of Allah and not to resort to adopting laws other than His. It is therefore a must for all Muslims to do what they can in order to obey Allah's commandment and establish His governance. But what if the Muslims are unable to do so? The rule is that we are obliged to do only that which we can: "No soul shall have a burden laid on it greater than it can bear." (2:233) The Islamic government is one in which: 1. Supreme legislative authority is for the Shari'ah, that is the revealed law of Islam, which transcends all laws. Within this context, it is the responsibility of scholars to deduce detailed laws and regulations to be used as guidelines by judges. The head of the Islamic state is the leader of the executive body entrusted with the responsibility of implementing such laws and regulations. 2. Political power belongs to the community (ummah), which should adopt a form of shura, which is a system of mandatory consultation. If this kind of government is possible, it is then the duty of the believers to spare no effort in establishing it. However, if this is not possible, what must the community do? On the basis of the general fundamentals of Islam and its purposes of accomplishing the needs and serving the interest of the public (and these include the protection of faith, souls, wealth and the prevention of evils), it is incumbent upon the community of the faithful to avoid passivism and isolationism. Every Muslim has a responsibility toward the task of establishing the Islamic government. If such a task is not possible, then Muslims must endeavour to accomplish whatever can be accomplished. Power-sharing in a Muslim or a non-Muslim environment becomes a necessity in order to lay the foundations of the social order. This power-sharing may not necessarily be based on Islamic Shari'ah law. However, it must be based on an important foundation of the Islamic government, namely Shura, or the authority of the ummah (community), so as to prevent the evils of dictatorship, foreign domination, or local anarchy. Such a process of power-sharing may also aim to achieve a national or a humanistic interest such as independence, development, social solidarity, civil liberties, human rights, political pluralism, independence of the judiciary, freedom of the press, or liberty for mosques and Islamic activities. Can any Muslim community afford to hesitate in participating in the establishment of a secular democratic system if it is unable to establish an Islamic democratic one? The answer is no. It is the religious duty of the Muslims, as individuals and as communities, to contribute to the efforts to establish such a system. In this way, the Muslims would seek the establishment of the government of rationale due to their inability to establish the government of Shara' -- as Ibn Khaldoun put it. {4} Documented Cases: Several events can be quoted from the Qur'an, the Sunnah an Islamic history to prove that Muslims, as individuals or as communities, are permitted to participate in establishing or administering non-Islamic governments in order to achieve good and avoid evil. In one chapter of the Qur'an we are told the story of Yusuf (Joseph) who was thrown into the well by his brothers and was then rescued, to end up in the Pharaoh's palace in Egypt where he was subjected to trial and seduction. It is worth noting that this young man, who was imprisoned and mistreated, seized the moment when it was right and expressed readiness to take charge of the most important office in the Pharaoh's government, believing it was his duty to rescue many nations that were threatened by famine and drought. He did not wait for the Egyptian people to renounce paganism and embrace his Unitarian religion so as to form the foundation for an Islamic government. What that young man had in mind was the fact that religion has come to serve the people and fulfil their essential needs. Yusuf had the conviction that rescuing the people from starvation and consequently from annihilation, could not wait. He saw that he was able to help, and he did help. Through his effective participation in administering the affairs of the people he performed his other responsibility of calling for Islam and admonishing the people to reform their lives and renounce evils. The detailed narration of the story of Yusuf in the Qur'an is a clear testimony that his approach is commendable. What happened with Yusuf can happen to Muslims anywhere and at any time. In similar circumstances, Muslims have no option but to participate politically in establishing and administering non-Islamic governments in order to serve the interests of the ummah (community) and prevent evils. Failing to do so will lead to undermining these interests and to allowing evils to spread and dominate society. The second example is that of the Negus (the Emperor of Ethiopia) who lived during the early years of Islam. The Prophet advised some of his companions who were being severely persecuted to migrate to Abyssinia describing the Negus as "the King in whose country none is wronged." The presence of the small Muslim community in Abyssinia resulted in the Negus embracing Islam, although he did not effect any amendments to his government in the direction of implementing the Shari'ah, as such an attempt could have threatened his kingship and endangered the lives of his guests. The story of that noble king has been documented in Islamic history and continues to be narrated to this day. The Prophet instructed his followers to perform a prayer for the King's soul when the news of his death reached them. Commenting on this, Ibn Taymiyah said, "We know definitely that he could not implement the law of the Qur'an in his community because his people would not have permitted him to. Despite that, the Negus and all those who are similar to him found their way to the pleasure of Allah in eternity although they could not abide by the laws of Islam, and could only rule using that which could be implemented in the given circumstances. {5} The third example is that of hilf al-fudul, that is the pact or alliance of al-fudul. It was an agreement among several pre-islamic Arab tribes to support the wronged, maintain close relations with relatives and take good care of them. The Prophet did witness the signing of the alliance prior to his prophethood, and said afterwards that if he were to be invited to a similar alliance in Islam he would have accepted without reservation. He further stressed that any good and noble contract made in jahiliyah (the pre-Islamic era) is automatically endorsed by Islam. {6} It is thus concluded that the community of believers may participate in an alliance aimed at preventing injustice and oppression, at serving the interests of mankind, at protecting human rights, at recognising the authority of the people and at rotating power-holding through a system of elections. The faithful can pursue all these noble objectives even with those who do not share the same faith or ideology. The fourth example is that of Omar ibn Abdul-Aziz. This Ommiad Caliph, whose rulership did not exceed two years, is considered by historians and scholars to be the fifth guided Caliph because of his piety and justice, although more than half a century separated him from the last of the four guided Caliphs. Although he was a king who inherited kingship, he was unhappy with the monarchy, and in principle did not approve of it. However, he could not alter the system and was unable to restore the right of the ummah in a consultative style government due to the accumulation of corruption over the years. Nonetheless, he managed to significantly reform many bad practices, and restored justice and fairness. By accepting the monarchy, which he did not approve of, he was able to do many good things, and no one said he was wrong or misguided in his actions. Contemporary Considerations: An Islamic government is based on a number of values which if accomplished in their totality, would result in a perfect or near-perfect system. But it may not be possible for all such values to be implemented, and therefore some must suffice in certain circumstances in order for a just government to exist. A just government, even if not Islamic, is considered very close to the Islamic one, because justice is the most important feature of an Islamic government, and it has been said that justice is the law of Allah. Ibn 'Aqil defined As-Siyasah Ash-Shar'iyah (Islamic administrative policy) as the actions which bring the people closer to good and distance them from evil, even if such actions were not advocated by the Prophet or revealed from the Heavens. He further explained that describing these actions using the phrase "those that conform with the Islamic law (shar')" in order to imply that such actions should not contradict the Shar', is justified. However, if one means by such a phrase that such actions must specifically be mentioned in the Qur'an or the Sunnah (traditions of the Prophet), then this is wrong and can be taken to imply that the companions of the Prophet themselves went wrong. After all they initiated many new policies and took numerous measures in order to fulfil the needs of the society in response to new developments or changing circumstances. {7} In contemporary times, numerous examples can be cited to show that Islamic individuals and groups have entered into alliances in order to prevent evil or in order to serve the community within a non-Islamic framework. This is happening despite the fact that many scholars still insist that such measures should not be pursued. {8} With due respect, these scholars make life difficult for the Muslims unnecessarily. Their opinions impose restrictions on a policy which is definitely permissible and lawful, and which is intended to equip the Muslims with the ability to react positively in situations that can be very difficult indeed. To cite only a few examples of such situations: First: About one third of the Muslims in the world are minorities in the countries they live in, that is to say they have no hope in the foreseeable future of governing their countries in an Islamic way. Many of these Muslim minorities face threats of exile or annihilation due to ethnic cleansing and other pressures. What options does Islamic jurisprudence have for them? Some people have been suggesting that such minorities should emigrate to countries that have Muslim majorities. If this was possible, and it is normally impossible, what good will it do them? Or is such a suggestion another plot against the Muslims in order to drive them out of their homes? There are those who advise Muslim minorities to isolate themselves and wait, but this too contradicts the very essence of the Islamic message which encourages the faithful to be positive, active and involved. The best option for such minorities is to enter into alliances with secular democratic groups. They can then work towards the establishment of a secular democratic government which will respect human rights, ensuring security and freedom of expression and belief - essential requirements of mankind that Islam has come to fulfil. The accomplishment of such important values in any society will immediately transform it, in the Islamic conception, from darul-harb, a land of hostility and war against Islam, to a land of peace and tranquillity. Al-Imam An-Nawawi defines the land of hostility (darul-harb) as the country in which the faithful cannot practice their religious duties freely, and consequently emigrating from it becomes an imperative duty.{9} True democracies are not like this; they guarantee the freedom of worship and belief. Second: There are many Islamic communities or movements that exist in countries that have Muslim majorities but which happen to be ruled by dictatorships claiming to be Islamic or by dictatorships hostile to Islam. Such Islamic movements may not be able to reform the regime or change it alone. Does the shari'ah (Islamic Law) object to cooperation and alliance between these movements and secular parties that also work and struggle to topple the dictatorships and establish secular democracies that would respect humans and guarantee their liberties? No, not at all. Third: Similarly, the Islamic groups which exist in Muslim majority countries governed by dictatorships may be able to attract majority support from the public and establish an Islamic government. However, such a transition may incite hostility towards them from within their own country or from other countries, rendering the newly-formed Islamic government susceptible to oppression or other forms of pressures that may end with its collapse. Is there any reason why, such groups cannot agree or coordinate with secular groups in order to isolate the existing oppressive power and establish a secular democracy postponing the long-term objective of establishing an Islamic government until circumstances permit? Certainly, there is nothing against that. It should be emphasised that the choice in this case is not between an Islamic government and a non-Islamic one, but between dictatorship and democracy. Fourth: The Islamic groups which exist in countries colonised by foreign powers. Is there any reason why they should not form a united front with the secular groups in order to confront the common enemy in favour of a national alternative, in which the Muslims would have a better life than under the colonial authority? Certainly, there is nothing to prevent them from doing so. Conclusion: If the establishment of the Islamic government is the short or long-term goal of every Islamic group in order to implement Allah's commandments, the shari'ah (Islamic Law) does take into consideration the possibility that such a goal may not be easily accomplished, and therefore an alternative is provided. Under exceptional circumstances, Islamic groups may forge alliances with non-Islamic groups in order to establish a pluralistic government system in which power is held by the majority party. Such an alliance may also exist for the purpose of deterring aggression or getting rid of a dictatorship. In all cases, the alliance must not include provisions that would in any way undermine Islam, or impose restrictions on those who work for Islam and who seek to establish its system in the land. {10} These arguments are based on the principle of supporting that which brings good and suppressing that which produces evil,the rule that what an imperative duty is essentially dependent on is imperative in itself, - the rule of consequences or outcomes, the principle of necessity. What is most important is that a Muslim must remain positive and actively engaged in the effort to implement the revealed laws of Allah, whether partially or in their totality, depending on circumstances and resources. The essence of Allah's laws, for which all divine messages were sent, is the establishment of justice for mankind. "We sent aforetime our Messengers with clear signs and sent down with them the Book and the Balance (of right and wrong), that men may stand forth in justice." (57:25) It should however be emphasised that the problem facing the concept of power-sharing does not lie in the difficulty of convincing the Islamists to accept democracy, pluralism and power-sharing. The current general trend in Islamic circles is to adopt power-sharing--even in a secular style government -- as a means for achieving mutual goals such as national solidarity, respect for human rights, civil liberties, cultural, social and economic development, and the deterrence of external threats. The real problem lies in convincing the 'other', that is the ruling regimes, of the principle of 'the people's sovereignty' and of the right of Islamists -- just like other political groups -- to form political parties, engage in political activities and compete for power or share in power through democratic means. The punishment of the Islamic victors in the Tunisian and Algerian elections-- which have regrettably been taking place with the consent of Western democracies and the support of local 'secular theological elites' {11} that are allied with the oppressive regimes in both countries - provides a decisive evidence that the root of the problem in the Muslim world lies in the hegemony of despotism. Our main task now is to combat despotism in favour of a genuine and true transition to democracy. [Translated from Arabic by Azzam Tamimi] Notes: [1], {2} and {3} : Abu Ishaq Ash-Shatibi, Al-Muwafaqat 2/6-8 {4}: Ibn Khaldoun, Al-Muqaddimah {5}: Ibn Taymiyah, Al-Fatawa 19/218-219 {6}: Sahih Muslim & Abu Dawud {7}: Abn Qayim AI-Jawziyah, At-Turuq AI-Hikmiyah p.13 {8}: Maudoodi, The Islamic Government, Dr. M. Abu Faris, Tahrim Al-Musharakah Fil-Hukumah {9}: Imam An-Nawawi, The Forty Traditions {10}: Dr. Salah As-Sawi, Political Pluralism in Islam p. 142 {11}: Dr. Bashir Nafi', Article in Al-Hayat No. 10984 of 9 March 93 |
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| 09/25/02 at 20:39:24 |
| Barr |
Madinat al-Muslimeen Islamic Message Board |