Vision of a Muslim state

By Prof A. M. Aatif | Published: November 9, 2008

Dr Iqbal throws light on the position and authority of the caliph or sovereign of the Muslims. In his words from a legal standpoint, the caliph does not occupy any privileged position. In theory, he is like other members of the commonwealth. He can be directly sued in an ordinary law court. In his judicial capacity he is open to the criticism of every Muslim.
Allama Iqbal had a clear and vivid approach towards the process of elections. He considers elections as a vital necessity in an Islamic state. In his words: "In theory all Muslims, men and women possess the right of election; there is no property qualification."
Some of the early lawyers seem to have recognised the danger of mass elections as they endeavour to show that the right of election resides in the tribe of the Prophet. The elector has the right to demand deposition of the caliph, or the dismissal of his officials if their conduct is not in accordance with the law of Islam. Forced election is quite illegal."
Ibn Jamma an Egyptian lawyer however holds that forced election is legal in times of political unrest. The opportunity view has no support in the law of Islam; though undoubtedly, it is based on historical facts.
Tartushi a Spanish lawyer probably holds the same view for he says: "Forty years of tyranny are better than one year of anarchy."
Almawardy defines this relation as aqd that means 'binding together', contract in consequence of which the caliph does to do certain duties to define the religion such as to enforce the law of Islam, to levy customs according to the law of Islam, and to pay annual salaries. It is clear that the fundamental principle laid down in the Quran is the principle of election. The details or rather the translation of this principle in to a workable scheme of government is left to be determined by other considerations. Unfortunately, however, the idea of election did not develop on strictly democratic lines and the Muslim conquerors consequently failed to do anything for the political improvement of Asia.
The form of election was certainly maintained in Baghdad and Spain but no regular political institutions could grow to vitalise the people at large.
On the question of relationship between the judiciary and the executive, Dr AIlama Muhammed Iqbal gives his views. In his words: "The chief judge could be appointed by the caliph." According to Abu Hanifa and according to Abu Jefr Tabary: "The chief judge as representative of the law of Islam can depose the caliph. Therefore, he can kill his own creator. The death of the sovereign is not followed by the dismissal of the judges appointed by him."
Allama Iqbal believes in Islam as a political ideal aiming at complete reconstruction and revival of the Muslim community. It is a breathing engine for the masses. In his words: "I now proceed to consider the purely political aspect of the 'Islamic ideal', the ideal of Islam as entertained by a corporate individuality - we know that Islam is something more than a creed, it is also a community, a nation. The membership of Islam as a community is not determined by birth, locality or naturalisation; it consists in the 'identity' of belief. The expression Indian Muhammedan, however convenient it may be is a contradiction in terms; since Islam in its essence is above all conditions of time and space. Nationality with us is a pure idea; it has no geographical basis.
"But in as much as the average man demands a material centre of nationality, the Muslims look for it in the Holy town of Mecca, so that the basis of Muslim nationality combines the real and ideal, the concrete and the abstract when, therefore, it is said that the interests of Islam are superior to those of the Muslims. In other words, it means that the 'interests' of Islam are superior to those of the Muslims and that the 'interests' of the individual as a unit are subordinate to the 'interests' of a community as an external symbol of the Islamic principle. This is the only principle, which limits the liberty of the individual, who is otherwise absolutely free."
The best form of government for such a community would be democracy, the ideal of which is to let man develop all the possibilities in his nature by allowing him as much freedom as practically possible.
Allama Iqbal believes that ethical transformation in a state or society is only due to great personalities and it is the responsibility of a state or a society to prepare such personalities who may furnish the goal of formation of ethical ideal.
Dr Iqbal says: "Education we are told, will work the required transformation. I may say at once that I do not put much faith in education as a means of ethical training. The ethical training of humanity is really the work of great personalities who appear from time to time during the course of human history; Unfortunately, our present social environment. It is not favourable to the birth and growth of such personalities of ethical magnetism. An attempt to discover the lesson for this dearth of personalities among us will easily admit that such personalities are now rare among us."
In today's world, we have pathetically divorced religion from our collective spheres and no sincere effort to introduce the true Islamic spirit in the status of politics seems to be working. The political thinkers and the men of authority need to comprehend the true spirit of political ideal of Islam - a vital necessity to shower down happiness on humanity.

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