Lesson 80

The Nation:State (1)

The State:

Muslims are one nation striving for unity, cooperation and solidarity.

Propagation of Islam and raising its word high is the prime message

of the Islamic nation.

Public morality, that is, enjoining right and prohibiting wrong is an individual

obligation on Muslim rulers and a communal one on the rest of the nation.

Changing the wrong:

- by hand is a duty on the rulers, a duty on every Muslim at his home

and in any task he assumes.

Changing the evil

- by words and the heart, is a duty on both rulers and people

The basis of all rulings in Islamic law is in the Qur’an and Sunnah, or agreed upon

by Muslim scholars.

Otherwise, the nation can make laws according to the general aims of Shari`ah and public interest, as long as they do not

contradict any text or judgment of Shari`ah.

Rulers must be from the best-qualified Muslims, and chosen by majority consent of the Muslims and given free pledge of

allegiance.

Shura (consultation) is a basic principle that should be sought by the ruler in government in a way that does not

contradict an express text in Qur’an or Sunnah.

Justice is the basis of governing the Muslim society.

Elements of justice are:

a) the sovereignty of Shari`ah over everybody without discrimination,

b) personal punishment applied to the perpetrator only,

c) no law is executed retroactively.

Evidence from the Qur’an and Sunnah

The unity of the Muslim nation:

Allah says:

ب�ك�م� ﴿ ر� ن�ا� أ و� د�ة و�اح� ة م�

أ� ت�ك�م� م�أ� ذ�ه� ه� إ�ن�

اع�ب�د�ون� ﴾ف� : [92األنبياء]

This means:

“Truly! This, your Ummah is one religion, and I am your Lord, therefore worship Me

(Alone).”

(Al-Anbiya’: 92)

Allah says:

ب�ك�م� ﴿ ر� ن�ا� أ و� د�ة و�اح� ة م�

أ� ت�ك�م� م�أ� ذ�ه� ه� إ�ن� و�

ون� ات�ق� ﴾ف� : [ 52المؤمنون]

This means:

“And verily! This your Ummah is one religion, and I am your Lord, so keep your

duty to Me.” (Al-Mu’minun: 52)

And says:

وا ﴿ اذ�ك�ر� و� وا ق� ر� ت�ف� و�ال� يع ا م� ج� الله� ب�ل� ب�ح� م�وا و�اع�ت�ص�ل�وب�ك�م� ق� ب�ي�ن� أ�ل�ف� ف� أ�ع�د�اء ك�نت�م� �ذ� إ ع�ل�ي�ك�م� الله� ن�ع�م�ت�ن� م8 ة9 ر� ف� ح� ا ف� ش� ع�ل�ى و�ك�نت�م� ان ا و� إ�خ� ت�ه� ب�ن�ع�م� ت�م ب�ح� ص�

أ� ف�الله� ي�ب�ي8ن� ك�ذ�ل�ك� ا ن�ه� م8 ذ�ك�م نق�

أ� ف� الن�ار�ي�د�ع�ون� * Aة م�

أ� نك�م� م8 ل�ت�ك�ن و� ت�د�ون� ت�ه� ل�ع�ل�ك�م� آي�ات�ه� ل�ك�م�نك�ر� ال�م� ع�ن� ون� ي�ن�ه� و� وف� ع�ر� ب�ال�م� ون� ر� م�

ي�أ� و� ي�ر� ال�خ� �ل�ى إون� * ل�ح� ال�م�ف� ه�م� ل�ئ�ك� و�

� أ و�ا م� ب�ع�د� م�ن� وا ت�ل�ف� و�اخ� وا ق� ر� ت�ف� ك�ال�ذ�ين� ت�ك�ون�وا و�ال�

Aع�ظ�يم Aع�ذ�اب م� ل�ه� ل�ئ�ك� و�� أ و� الب�ي8ن�ات� اء�ه�م� ﴾ج�

: عمران] [105-103آل

This means:“And hold fast, all of you together, to the

Rope of Allah (i.e. this Qur’an), and be not divided among yourselves, and remember

Allah’s Favor on you, for you were enemies one to another but He joined your hearts together, so that, by His Grace, you became brethren (in Islamic Faith), and

you were on the brink of a pit of Fire, and He saved you from it. Thus Allah makes

His Ayat (proofs, evidences, verses, lessons, signs, revelations, etc.,) clear to

you, that you may be guided.

Let there arise out of you a group of people inviting to all that is good (Islam), enjoining Al-Ma`ruf (i.e. Islamic Monotheism and all that Islam orders one to do) and forbidding Al-Munkar (polytheism and disbelief and all that Islam has forbidden). And it is they who are the successful. And be not as those who divided and differed among themselves after the clear proofs had come to them. It is they

for whom there is an awful torment. (3, Al-`Imran: 103 - 105)

The Prophet of Allah (SAWS) said:“Muslims are equal with respect to blood.

The lowest of them is entitled to give protection on behalf of them, and the one residing far away may give protection on

behalf of them. They are like one hand over against all those who are outside the

community ”.(Reported by an-Nasa’iyy) 

  The role of the Muslim nation:

Allah says:

ون� ﴿ ر� م�ت�أ� ل�لن�اس� ت� ر�ج� خ�

أ� ة9 م�أ� ي�ر� خ� ك�نت�م�

وف� ع�ر� ب�ال�م�ب�الله� ن�ون� ت�ؤ�م� و� نك�ر� الم� ع�ن� و�ن� ت�ن�ه� ﴾و�

: عمران] [110آل

This means:

“You are the best of peoples ever raised up for mankind; you enjoin Al-ma`ruf (i.e.

Islamic Monotheism and all that Islam has ordained) and forbid Al-Munkar

(polytheism, disbelief and all that Islam has forbidden), and you believe in Allah.”

(Al-`Imran: 110)

Allah says:

ل8ت�ك�ون�وا ﴿ ط ا و�س� ة م�أ� ع�ل�ن�اك�م� ج� ك�ذ�ل�ك� و�

ول� س� الر� ي�ك�ون� و� الن�اس� ع�ل�ى د�اء� ه� ش� يدا ه� ش� ﴾ع�ل�ي�ك�م�

: [143البقرة]

This means: “Thus We have made you a just (and the best) nation, that you be witnesses over

mankind and the Messenger be a witness over you.”

(Al-Baqarah: 143)

  Changing Al-Munkar:

Allah’s Messenger (SAWS) said:“The one who sees something detestable,

let him change it with his hand, if he can not, then with his tongue and

even if he is not able, then with his heart, and that is the weakest form of faith.”

(Reported by Muslim)

The legislation of the Muslim nation:

Allah says:

م� ﴿ اء�ه� و� ه�أ� ت�ت�ب�ع� و�ال� الله� ل� نز�

أ� ا ب�م� م ب�ي�ن�ه� ك�م اح� ن�وأ�

الله� ل� نز�أ� ا م� ب�ع�ض� ع�ن� ت�ن�وك� ي�ف� أ�ن ه�م� ذ�ر� و�اح�

�ل�ي�ك� إيب�ه�م ي�ص� ن

أ� الله� ي�ر�يد� ا ن�م�� أ اع�ل�م� ف� ل�و�ا ت�و� إ�ن ف�

م� ذ�ن�وب�ه� ب�ب�ع�ض�ك�م� * ح� ف�

أ� ون� ق� اس� ل�ف� الن�اس� م8ن� ك�ث�يرا إ�ن� و�ي�ب�غ�ون� ل�ي�ة� اه� الج�

ن�ون� ي�وق� و�م9 ل8ق� ا ك�م ح� الله� م�ن� ن� أ�ح�س� ﴾و�م�ن� : [50-49المائدة]

This means: “And so judge (you O Muhammad SAWS) between them by what Allah has revealed

and follow not their vain desires, but beware of them lest they turn you far away

from some of that which Allah has sent down to you. And if they turn away, then know that Allah's Will is to punish them for some sins of theirs. And truly, most of

men are Fasiqun (rebellious and disobedient to Allah).

Do they then seek the judgement of (the Days of) Ignorance? And who is better in judgement than Allah for a

people who have firm Faith.”

(Al-Ma’idah: 49 - 50)

 Allah says:نز�ل� ﴿

أ� ا ب�م� ن�وا آم� م� ن�ه�� أ ع�م�ون ي�ز� ال�ذ�ين� �ل�ى إ ت�ر� ل�م�

� أ�ل�ي�ك� إ

إ�ل�ى اك�م�وا ي�ت�ح� نأ� ي�ر�يد�ون� ب�ل�ك� ق� م�ن نز�ل�

أ� ا و�م�ي�ر�يد� و� ب�ه� وا ر� ي�ك�ف� ن�

أ� وا ر� م�أ� د� و�ق� الط�اغ�وت�

م� * ل�ه� يل� ق� �ذ�ا إ و� ب�ع�يدا ال�ال ض� م� ل�ه� ي�ض� نأ� ي�ط�ان� الش�

الله� ل� نز�أ� ا م� �ل�ى إ ا ت�ع�ال�و�

ع�نك� دو�ن� ي�ص� ين� ن�اف�ق� الم� ي�ت�� أ ر� ول� س� الر� �ل�ى إ و�

د�ود ا ﴾ص� : [61-60النساء]

This means:

“Have you seen those (hyprocrites) who claim that they believe in that which has

been sent down to you, and that which was sent down before you, and they wish to go

for judgement (in their disputes) to the Taghut (false judges, etc.) while they have

been ordered to reject them.

But Shaytan (Satan) wishes to lead them far astray. And when it is said to them: "Come

to what Allah has sent down and to the Messenger (Muhammad SAWS)," you (Muhammad SAWS) see the hypocrites

turn away from you with aversion. (An-Nisa’: 60 - 61)

The Prophet (SAWS) said:

“I have left among you the Book of Allah and my Sunnah, and if you hold fast to

them, you would never go astray.” (Reported by al-Hakim)

Ruling Muslims:

`Abdur-Rahman Ibn-Samurah (RA) narrated that the Prophet (SAWS) told him:

“Do not seek to be a ruler, because if you are given authority for it, then you will be held

responsible for it, but if you are given it without asking for it, then you will be

helped in it (by Allah).” (Reported by al-Bukhariyy and Muslim)

The Messenger of Allah (SAWS) said:

“You will be greedy for getting a position of authority, but remember that it will be a cause of humiliation and regret on the

Day of Judgment.” (Reported by al-Bukhariyy)

He (SAWS) also said:

“There will be three types of people whom Allah will neither speak to

them on the Day of Resurrection nor will purify them from sins, and they will have a painful punishment: The first is a man possessed superfluous

water (more than he needs) on a way and he withholds it from the

travelers.

The second is a man who gives a pledge of allegiance to an Imam (ruler) and gives it

only for worldly benefits, if the Imam gives him what he wants, he abides by his

pledge, otherwise he does not fulfill his pledge.

The third is a man who sells something to another man after the `Asr prayer and

swears by Allah (a false oath) that he has been offered so much for it whereupon

the buyer believes him and buys it although in fact, the seller has not been

offered such a price.”(Reported by al-Bukhariyy and Muslim)

He (SAWS) also said:

“Swear allegiance to me that you will not associate anything with Allah, that you will not commit adultery, that you will not steal, that you will not take any life which is forbidden by Allah to take but

with (legal) justification;

and whoever among you fulfils it, his reward is with Allah and he who commits any such

thing and is punished for it, that will be all atonement for it and if anyone commits

anything and Allah conceals (his faults), his matter rests with Allah; He may forgive if

He likes, and He may punish him if He likes”.

(Reported by al-Bukhariyy)

  Consultation:

Allah says:

ام�وا ﴿ ق�أ� و� م� ب8ه� ل�ر� اب�وا ت�ج� اس� ال�ذ�ين� و�

ا م� و�م� م� ب�ي�ن�ه� ى ور� ش� ه�م� ر� م�أ� و� الة� الص�

ون� ق� ي�نف� ن�اه�م� ق� ز� ﴾ر� : [38الشورى ]

This means:

“And those who answer the Call of their Lord, and perform As-Salah (Iqamat-as-

Salah), and who (conduct) their affairs by mutual consultation, and who spend of

what We have bestowed on them.”

(Ash-Shura: 38)

Allah also says:

ف�ظا ﴿ ك�نت� ل�و� و� م� ل�ه� ل�نت� الله� م8ن� ة9 م� ح� ر� ا ب�م� ف�اع�ف� ف� ل�ك� و� ح� م�ن� وا ض� ال�نف� ل�ب� الق� غ�ل�يظ�

م� ل�ه� ر� ت�غ�ف� و�اس� م� ع�ن�ه�ت�و�ك�ل� ف� م�ت� ع�ز� إ�ذ�ا ف� ر� م�

األ� ف�ي ه�م� او�ر� و�ش�الله� ع�ل�ى

ك8ل�ين� ت�و� ال�م� ب� ي�ح� الله� ﴾إ�ن� : عمران] [159آل

This means:

“And by the Mercy of Allah, you dealt with them gently. And had you been severe and harsh hearted, they would have broken away from

about you; so pass over (their faults), and ask (Allah's) Forgiveness for them; and consult

them in the affairs. Then when you have taken a decision, put your trust in Allah, certainly,

Allah loves those who put their trust (in Him).”

(Al-`Imran: 159)

 Justice:

Allah says:

إ�ل�ى ﴿ ان�ات� م�األ� ت�ؤ�د�وا أ�ن ك�م� ر� م�

ي�أ� الله� إ�ن�ا ل�ه� ه�

أ�ك�م�وا ت�ح� ن

أ� الن�اس� ب�ي�ن� ت�م ك�م� ح� إ�ذ�ا و�﴾ب�ال�ع�د�ل�

: [58النساء]

This means:

“Verily! Allah commands that you should render back the trusts to those, to whom they are due; and that when you judge between men, you judge with justice.”

(An-Nisa’: 58)

Allah’s Messenger (SAWS) said:“Verily, I am a human being, and the claimants bring to me (the dispute) and

perhaps some of them are more eloquent than others. I judge them to be on the right, and thus decide in their favor.

So that whom I, by my judgment, (give the undue share) out of the right of a Muslim, I thus give him a part of Fire.” (Reported by al-Bukhariyy and Muslim)

 Discrimination is Forbidden:

He (SAWS) also said:“O people, those who have gone before you were

destroyed because if anyone of high rank committed theft amongst them, they would spare him. If anyone of low rank committed

theft, they would inflict the prescribed penalty upon him.

By Allah, if Fatimah, the daughter of Muhammad, were to steal,

I would have her hand cut off.” (Reported by al-Bukhariyy and Muslim)

 Punishment should be applied to the perpetrator only:

Allah says:

ى ﴿ ر� خ�أ� ر� ز� و� Aة از�ر� و� ت�ز�ر� ﴾و�ال�

: الزمر] و 7من وفاطر: ،164األنعام: كذلك: ،18]

This means:

“No bearer of burdens shall bear the burden of another.”

(Az-Zumar: 7, Al-An`am: 164 and Fatir: 18)

And says:

ى ﴿ ر� خ�أ� ر� و�ز� Aة از�ر� و� ت�ز�ر� ال�

﴾أ� : [38النجم]

This means:

“That no burdened person (with sins) shall bear the burden (sins) of another.”

(An-Najm: 38)

Legislation should not be applied retroactively:

Allah says:

﴿ وال س� ر� ن�ب�ع�ث� ت�ى ح� ع�ذ8ب�ين� م� ك�ن�ا ا ﴾و�م� : [15اإلسراء]

This means:

“And We never punish until We have sent a Messenger (to give warning).”

(Al-Isra’: 15)