Islamiat

[faisalmemon]

Accountability in Islam

By Sidrah Unis

ISLAM is a multifaceted religion where awareness of Divine rights has been given on the one hand and a functional network of an Islamic state has been laid down on the other. It not only expounds a comprehensive system for effective management of state affairs, but has also conceptualized accountability of the state authorities in order to keep the holders of power under effective check.

The very essence of an Islamic state is that sovereignty belongs to God: “Blessed is He in Whose hand is the Sovereignty, and He is Possessor of power over all things”. (67:01). The sovereignty exercised by the rulers in an Islamic state is a sacred trust bestowed on them by God: “Then We appointed you viceroys in the land after them that We might see how you behave”. (10: 14). The rulers on earth are to practise and implement the commands of Allah which have been laid down in the Quran, thus the Book of Guidance serves as a workable constitution for running an Islamic state: “And this Quran is not such as could be forged by those besides Allah, but it is a confirmation of that which was before it and a clear exposition of that which is decreed for mankind, there is no doubt in it, from the Lord of the worlds”. (10: 37).

The primary focus of an Islamic state is the promotion and endorsement of the religion (Islam). At the same time it is concerned and operates to provide safety and protection to those who come under its governance. It looks after the welfare of the people and also creates a sound social fabric where a healthy intellectual, economic, and family life of individuals is developed, encouraged, and safeguarded.

As all the affairs of an Islamic state must be transacted by counsel, the ruler of the state is also appointed through consultation: “And those who respond to their Lord and keep up prayer, and whose affairs are (decided) by counsel among themselves ...” (42: 38). The most important example is the appointment of Caliph Abu Bakr, the first of the Pious Caliphs, by conducting ijma or mutual consultation. And once appointed, the ruler is to manage all affairs by consulting those around him. And those who give advice are required to do so conscientiously and judiciously, or refrain from giving the same. The public is also under an obligation to give sincere and beneficial advice to the ruler. It is important to note that obedience to a ruler is contingent on his imposition and enforcement of Islamic principles. Where a ruler deviates from the right path, he is no longer entitled to obedience by people. In other words, if a government fulfils the requirements imposed by the Quran and the Sunnah, its claim to the allegiance of people becomes absolute. The Prophet (PBUH) said: “A Muslim has to listen to and obey (the order of his ruler), whether he likes it or not, as long as his orders do not involve disobedience (to Allah). But if an act of disobedience (to Allah) is imposed, one should not listen to it or obey it”.

From the above-mentioned principles it follows that people are duty bound to supervise the activities of the government, to give their consent to right actions, and to withdraw it whenever the government deviates from the right path. It also becomes evident that the accountability of the ruler of an Islamic state is twofold: (1) he is answerable to God, as power bestowed on him by God is a sacred trust; and (2) to people who are his subjects.

The rules and precedents set by the Prophet (PBUH), in accordance with the teachings of the Quran, regarding accountability of government, were also observed and further elaborated by his successors. People would openly question the Pious Caliphs about the various actions and measures taken by them. The Caliphs, considering themselves answerable to people, would then explain their conduct in question. There are even instances where upon valid objection by certain people the Caliphs withdrew their orders and instructions. Unlike the western legal systems, in Islam, there is no room for the authorities to be immune from the law. Even the head of an Islamic state may be challenged, in both official and private capacity, in the court.

Where the ruler is the custodian of public property and their interests, the judge is the custodian of the law and responsible for implementing the same. The office of judge is independent of all executive control and he can exercise his authority without any form of interference from influential quarters. He decides all disputes in the light of the Quran and the Sunnah: “So judge between them by that which Allah has revealed ....” (5: 49).

Further, a judge is required to be impartial and decide on the merits of the case uninfluenced by external strains be they of kith and kin, caste or creed, the status of the parties, or monetary benefits: “O you who believe! Be maintainers of justice, bearers of witness for Allah, even though it be against yourselves or (your) parents or (your) near relatives, whether (the case be of) a rich man or a poor man ...” (4: 135)

The following statement of the Prophet (PBUH), which he made while deciding the case of a noble woman who had committed theft illustrates the same: “Verily those who were before you were destroyed because when a noble man from among them committed theft, they passed no sentence on him. By Allah, had Fatima, the daughter of Muhammad, committed theft, I would have cut off her hand”.

It is given in the Quran: “Surely We have revealed the Book to thee with truth that thou may judge between people by means of what Allah has taught thee. And be not one pleading the cause of the dishonest”. (4: 105). It is agreed that the occasion of the revelation of this verse was a dispute between a Jew and a Muslim, in which the Prophet (PBUH) decided against the Muslim. The Muslim, supported by his tribe, had falsely accused the Jew of theft. At a time when help was sorely needed for the defence of Islam, a verdict against a man supported by his tribe meant a loss of alliance with that tribe. But such considerations carried no weight with the Prophet (PBUH) who cleared the Jew of all the charges.

Thus, the verse lays down that justice is above all other considerations. The Prophet (PBUH) once said: “Judges are of three types, one of whom will go to Paradise and two to Hell. The one who will go to Paradise is a man who knows what is right and gives judgment accordingly; but a man who knows what is right and acts tyrannically in his judgement will go to Hell; and a man who gives judgement for people when he is ignorant will go to Hell”.

The Quran and the Sunnah define the main responsibilities of a judge. The Pious Caliphs issued detailed instructions about the qualification, appointment, and conduct of judges. Letters written by Caliph Ali to his governors regarding the administration of justice in their territories thoroughly explain who should be a judge and what should be the conduct of a judge. Caliph Umar’s case is an example of how unsuitable judicial behaviour must be dealt with. He once had a lawsuit against a Jew. When both parties went before the judge, the latter rose in his seat out of deference to Umar who looked upon the act as an unpardonable judicial weakness.

Thus, in an Islamic state all state-organs are subject to the law and are accountable for their actions. The Creator, well aware of the weaknesses of mortals, has laid down effective checks to be imposed on those who exercise power.

I only need prayers.
Best regards
Faisal Ahmed.