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Accountability without Western Democracy 05
  
       
   Accountability without Democracy

It is a prominent view that accountability and true 'people authority' cannot be established without the democratic framework. Democracy espouses secularism, which presupposes that there is at least a formal separation of religion and state. It is widely believed that religion does not allow accountability and western history bears testimony to this from the era of the Church's dominance.

In western secular democracies we find that the processes by which the community is involved in their political determinations do not necessarily reflect 'people power'. It is assumed that the government sometimes has to take 'unpopular' decisions as people of authority. If the power of democracy is in accounting its government every 4-5 years, electing or removing her from power by the ballot box, one could argue that is too little and too late. Democratic governments exhibit symptoms of authoritarianism, especially when it comes to issues of national security or foreign policy. Having courts of justice where a case can be brought against the authority is not unique to democracy as we saw earlier in the case of the Islamic court of the Mazaalim, which has the jurisdiction to remove the ruler if he oversteps the boundaries of Shari'ah.

Also, political parties that proscribe to a secular creed are not necessarily the only 'guardian angels' who can ensure accountability of their authorities. Political parties who proscribe to an Islamic creed regardless of their numbers are also fully capable of performing this honourable function of accounting the ruler. Indeed, this is pivotal in the Islamic political system to ensure an authority that is accountable.

Conclusion

To argue that the call to Islamic political authority would constitute suffocation of the right to account authority and the abrogation of 'people power' does not carry weight if reference is made to the Islamic sources and the practices of the Prophet and his Companions. All political systems tend towards authoritarianism, as they need to regulate the societies they govern - that is natural. The authoritarian regimes that Muslims face in their lands today are not the legacy of their Islamic past but the bitter aftertaste of the post-colonialism era. Most of these authoritarian regimes are, by their nature, despotic and repressive and rely on the goodwill of their historic masters to maintain the status quo.

The Divine is beyond accounting but He does not extend that status to the humans in authority trying to understand and implement the Divine Will.

The ability to hold the political authority to account in Islam is linked intricately to the independence of the judiciary from the state. Also, if political parties neglect the duty of 'commanding the right and forbidding the wrong' in modern political terms, this can lead to authoritarianism. The Muslims can examine their own rich legal history, rather than refer to others with conflicting values, to find ways to establish authorities that are accountable.

Reference
  1. Graham E. Fuller, "The Future of Political Islam, New York, Palgrave Macmillan 2003, p 201


  2. Foucalt M, Power/Knowledge, Pantheon Books, New York, 1980


  3. Joseph Raz, "The Authority of Law", Oxford, Oxford University Press 1979, pp 3-4


  4. supra note 2


  5. Mohammed M. Pickthall, "The Glorious Qur'an- Text and explanatory translation," Chicago, Iqra' International Education Foundation (No publication date), Chapter 4 verse 59 (C4:V59) [hereinafter The Qur'an]


  6. Khaled Abou El Fadl, "Speaking in God's Name", Oxford, Oneworld publications 2001, page 18


  7. R B Friedman, "On the concept of Authority in Political Philosophy", Authority, Ed. Joseph Raz. Oxford, Basil Blackwell, 1990.pp 56-91


  8. supra note 7 p 83


  9. supra note 7 p 67


  10. Supra note 5, p 20


  11. Michels, Robert. Political Parties: A sociological study of the Oligarchical Tendencies of Modern Democracy. New York:The Free Press, 1962


  12. Muhammad Baqir As-Sadr "Our Philosophy", translated by Shams C. Inati, London,The Muhammadi Trust in association with KPI Ltd, 1987. pp 239-260


  13. The Qur'an 12:40


  14. Eltigani Abdelgadir Hamid, "The Qur'an and Politics", p 15


  15. Supra note 14, pp 15-16


  16. Supra note 14, p 17


  17. Mahdi Zahraa, "Characteristic features of Islamic Law: Perceptions and Misconceptions." Arab Law Quarterly,Vol. 15, No. 2, (2000), pp 168-196


  18. The Holy Qur'an 4:80


  19. Salim Fredericks & Ahmer Feroze, "From Darkness into Light", London, Al-Khilafah Publications, 2000, pp 32-42.


  20. Zakaria Bashier, "Hijra: Story and Significance", Leicester,The Islamic Foundation, 1987, pp 101-103


  21. Zakaria Bashier, "The Makkan crucible", Leicester,The Islamic foundation, 1991, pp 191-194


  22. W. Montgomery Watt, "Islamic Political Thought", Edinburgh, University Press, 1968, pp 20-30


  23. Antony Black, "The History of Islamic Political Thought", Edinburgh, Edinburgh University Press, 2001, pp 39-40


  24. Ira M. Lapidus, "A History of Islamic Societies", Cambridge, Cambridge University Press, 1988, pp 54-56.


  25. Wilferd Madelung, "The Succession to Muhammad: A study of the early Caliphate", Cambridge, Cambridge University Press, 1997, pp 28-31.


  26. W. Montgomery Watt, "Islamic political Thought", Edinburgh, Edinburgh University Press, 1968, p 35


  27. Shibli Nu'mani, "Al-Farooq: the life of Omar the Great",Translated by Zafar Ali Khan, New Delhi, Idara Isha'at-e-Diniyat Ltd, 1996, p 379.


  28. Supra note 32, p38-39


  29. Patricia Crone & Martin Hinds "God's Caliph", Cambridge, Cambridge University Press, 2003, pp 24-59


  30. Taqiuddin an-Nabhani, "The ruling System in Islam", 5th Ed, London, Khilafah Publications,1996, p 49.


  31. Wael B. hallaq, "A History of Islamic Legal Theories", pp 15-21


  32. Supra note 30, p 93


  33. Wael B Hallaq, " A history of Islamic Legal Theories", Cambridge, Cambridge University Press, 1997, pp 14-21


  34. Sami Zubaida, "Law and Power in the Islamic World", London, I.B.Tauris & Co. Ltd, 2003, pp 78-79.


  35. Spinoza,Theologico-Political Treatise, translated from Latin by R.H.M. Elwes, New York, Dover Publications. 1951. p 69


  36. Ahmad S. Moussalli, "The Islamic Quest for Democracy, Pluralism, and Human Rights", Gainseville, University Press of Florida, 2001, p 30, See also;Taqiuddin an-Nabhani, "The Ruling System in Islam",5th Edition, London, Khilafah Publications, 1996, p 45.


  37. " O you who believe, Obey Allah, Obey His Messenger and those in authority from amongst you and if you differ then refer it to Allah and His Messenger if you believe in Allah and the Last Day",The Qur'an 4:59.


  38. Sami Zubaida, "Law and Power in the Islamic World", London, .I.B.Tauris & Co. 2003, pp 51-56


  39. also see, Samih Atef El-Zein, "Islam and Human Ideology", translated by Elsayed M.H. Omran,, London and New York, Kegan Paul International, 1996, p 282.

  40. Michael Cook, "Commanding the Right and Forbidding the Wrong in Islamic Thought", Cambridge, Cambridge University Press, 2000, p 13


  41. The Qur'an, see also Q3:110, Q3:114, Q7:157, Q9:71, Q9:112, Q22:41, Q31:17.


  42. Supra note 45, p 39


  43. Taqiuddin an-Nabhani, "The Ruling System in Islam",5th Edition, London, Khilafah Publications, 1996, p 289.


  
       
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