| |
| Join Our Newsletter |
 Please Select sub-criteria |  |
|
|
|
|
| |
|
|
| |
| |
| |
Let us now take a brief look at the Caliphate system.
The Caliphate
The subject of the Caliphate - the Anglicised version of the Arabic word 'Khilafah' - has been addressed in numerous, detailed works throughout Islamic history and by some of the most eminent jurists. Amongst such writings are those that detail only aspects, such as Mohammed al-Shaybani's works on international relations (Kitab as-Siyar), Qadi Abu Yusuf's works on taxation (Kitab al-Kharaj), and Imaam Abu Ubayd al-Qaasim bin Salaam's works on state funds (al-Amwaal), through to more comprehensive works that address the system as a whole, such as Imam Mawardi's treatise on Islamic rule (al-Ahkam al-Sultaniyyah) and works by Imam Aamidi (al-Imamah). The twentieth century's most elaborate works on the Caliphate are arguably those by Taqi ud-Din an-Nabhani (d. 1977), in his Nidham al-Hukm fil Islam (the Ruling System in Islam)5 and Shaksiyyah Islamiyyah volume 2 (the Islamic Personality),6 who also went on to publish a draft constitution for an Islamic state, with detailed explanations of each article, in his book Nidham al-Islam (the System of Islam)7 in the 1950s. His writings provide extensive insight into the conceptual configuration of Islamic political ideas and details of the Caliphate's organs together with their practical workings, but which also detail comparisons with other forms of ruling including western liberal models.
The Islamic political system can at best be summarised in often only rather crude form in short essays, but that does not detract from the need for a brief overview of its key features and areas of important distinction from the western political model. The overview of the Islamic political system presented here summarises key aspects of an-Nabhani's work.
An Overview
The highest executive post in the Caliphate is that of the Caliph (Khalifa), who appoints ministers (muwain or wazir) with general powers to assist in ruling, governors for various regions and administrative assistants. The Caliphate system is characterised by an independent judiciary, representative consultation, the rule of law and citizenship regardless of ethnicity, gender or creed.
Authority, sovereignty & representative government
The subject of representation has historically featured considerably in the evolution of western political discourse. In justifying government and the right for some to rule over others, the social contract theorists argued individuals could not assume a position over others in a ruling capacity without prior voluntary consent from those they govern, although exactly how consent is determined practically is an area of extensive disagreement. The proponents and originators of this approach in western political theory, Hobbes, Locke and Rousseau, derived their theories principally from perspectives on the State of Nature, a theoretical state used to understand man before the advent of government and law. These theorists disagreed over the reality of life in the State of Nature and subsequently over the principle aims of government, whether it should be the protection of property (Locke), the resolution of civil disputes (Hobbes) or the provision of liberty (Rousseau) or a combination. All agree, however, that government cannot claim legitimacy unless it can demonstrate that it has the voluntary consent of the people. The works of these theorists provide the most prevalent justification for the state and the right for some to rule over others in western political discourse.
The Islamic approach to governance does not rest on a theoretical analysis of man in a state without government and his subsequent relationships with power following the onset of a body politic. The Caliphate, and the legitimacy of the Caliph at its head is based on representation; the principle, "the authority lies with the Ummah", is a cornerstone of the Islamic ruling system. The Shariah places the original authority of managing the affairs of the people in the hands of the people themselves, but requires them to appoint a head of state to do so on their behalf and so the head of state is legitimate only through popular consent. The process of direct elections or an election by a representative assembly consisting of individuals elected to their respective positions can be utilised to evaluate popular consent. Men and women over the age of fifteen are granted the right to vote and the process can be supported with the use of any complimentary technologies, whether internet, mobile or postal voting, provided their merit in improving efficiency is proven. Once elected, the head of state is bound to an agreement with the people through the bayah contract. It stipulates a number of conditions for his leadership of the state, including the condition that he manages the affairs of the people on their behalf, to do so exclusively according to the Islamic sources of legislation, and the non-violation of the criterion of leadership. Authority is at no point transferred to the head of state through the bayah contract and remains permanently with the people. Thus, if the head of state violates any of the terms of the bayah contract, the people can demand, through the independent judiciary, he vacate his post, a point expanded on later.
However, the discussion on representation in western political theory rests on a secular framework and its logic consequently extends to the function of lawmaking. That is to say, it regards the function of lawmaking the right of the people, whether exercised through representative or direct democracy, or on an approach structured around one of these. In Islamic political thought, however, there is a distinction between authority and sovereignty, between sources of law and the reality of the state as a representative body. Authority permanently rests with the people who exercise it through electing a head of state, but law originates exclusively from the sources of Shariah. Therefore, while the Caliphate is a representative body, it is not rule by the demos.
Accountability and the rule of law
Following closely from the discussion of authority in Islamic political discourse, is the ability to ensure the head of state will not violate the terms of the bayah to which he is contracted by the people; in short, architecture for effective accountability (muhasabah). The Islamic political system enshrines mechanisms for binding the Caliph to his agreement and protecting citizens from state violations and oppression (dhulm), and provides direct and transparent channels for accounting the executive, any state official, policy, conduct, administration and all other facets of governance.
The issue of accountability features very prominently in the Shariah; ruling is regarded as a form of guardianship (riayah) and a trust (amanah), and the causing of oppression (dhulm) by the head of state a grave crime - the corpus of Islamic texts refers to each of these in an unequivocally serious manner. Accountability lays firstly in the general right - and sometimes obligation when the excess is flagrant - of every citizen to take the state to task, secondly in institutions that guarantee the process of accountability continuously takes place, and thirdly in a general requirement for political parties.
The principle institution dedicated to the task of accounting the state is a special component of the state's independent judiciary: the 'Court of Unjust Acts' (Makhamat al-Mudhalim). It is presided over by only the most eminent and qualified judges in the state and granted extensive powers by the Shariah. It has the power to remove any official of state regardless of their role or rank, including, most importantly, the head of state if he persists in pursuing a path that lies outside of the terms of the bayah. Citizens who have a complaint against the state register it with the Court, which has wide-ranging powers of investigation that extend to all organs of the state's machinery. Importantly however, the Court does not rely on a plaintiff to register a complaint before problems are investigated because it is tasked with the permanent and continuous responsibility of scrutinising state conduct. In addition to the Court of the Unjust Acts, the 'People's Assembly' (Majlis al-Ummah) is another important institution that forms part of the Caliphate's accountability architecture. It is a representative assembly whose members are elected directly by citizens and can be from any ethnicity, creed or gender. The assembly provides extensive consultation (shura) on issues of state and public policy but, importantly, it has the power to scrutinise practically all matters related to the state; it can oblige the Caliph in key areas such as in the removal of state officials, regional budgetary control and matters of public interest through consultation; and can scrutinise every cannon issued by the Caliph and, in some cases, reject them once again binding the Caliph.
| |
| |
| |
| |
< 1 2 3 4 > Last »
Page 2 of 5 pages
| |
|
|
