"Islam Observes a Fair Policy "

Abdullwahaab Khallaaf

An article from the book entitled "The Sharia` Policy in Constitutional, Foreign, and Financial Affairs"

 

Fair policy of any nation is managing all its affairs, inner and outer, through laws and regulations which maintain people`s security, justice, achieve what`s more beneficial for them, pave the road for their prosperity, and regulate their relationships with others.

 

As Islam observes this policy, its principles fit to be foundations for fair systems, and achieve all that is beneficial to people at any time, or place.

 

A proof of this lies in two aspects:

 

The first:

The Book of Allah is the first principle and the general source of Islam. This Book hasn`t addressed the details of minor issues, rather, it contained the fixed principles and the overall rules upon which the administering of the state`s general affairs is based. These principles and rules fit for every time and place.

As regards the details which vary amongst nations based on time and situation, they weren`t mentioned in the Noble Quran, so as for each nation to choose what is more beneficial for it.  

 

 If we take a close look at the system of governance in Islam, we will see that the Quran hasn`t specified a system for the form of the government, or regulating its authority, or choosing Ahl-Al-Hal Wa-A`qd [The Islamic Parliament]. Rather, it sufficed with stating the fixed pillars upon which the systems of every just government must rely, and are observed by all nations; therefore, it stipulated justice as shown in the meaning of the following verse (What means): "God doth command you to render back your Trusts to those to whom they are due; And when ye judge between man and man, that ye judge with justice." [An-Nisa`/58]. The Quran has also stipulated Al-Shura (mutual consultation) it states (What means): "and consult them in affairs (of moment)" [Al-Imran/159}. Moreover, it stipulated equality Says (What means): "The Believers are but a single Brotherhood." [Al-Hujurat/10]. It hasn`t mentioned other pillars pertaining to these detailed systems in order for the rulers to draw up their systems, form their governments and councils in line with what is more beneficial for their nation, provided that they do so within the limits of justice and consultation.

 

As regards criminal law, the Quran has determined specific penalties for five categories of criminals: Those who wage war against Allah and His Messenger and strive with might and main for mischief through the land, those who slay people unjustly, those who slander chaste women, men and women guilty of adultery or fornication, and men and women guilty of theft.

However, the Quran hasn`t determined penalties for other crimes such as felonies, offences, contraventions, and they were left to the assessment of the rulers who make sure that the set penalties preserve security, deter criminals, and make an example out of them. This is because such assessments vary according to environment, nation and time.

As a result, the Quran has paved the way to the rulers to determine penalties that suit the situation of their nation and serve justice. Allah, The Exalted, has guided people to a general principle agreed upon by all nations, and that is penalty should suit crime. He Says (what means): "And if you retaliate, retaliate with the like of what you have been made to suffer; and yet if you endure patiently, verily that is better for the patient." [An-Nahil/126] in addition, The Most Exalted Says (What means): "whoever commits aggression against you, then commit aggression against him in the manner that he committed against you." [Al-Baqarah/194].

With regard to transactions/sales, the Quran has sufficed by allowing what serves exchanging needs and warding off necessities; therefore, it legalized sale, Ijarah (Hiring), mortgage and similar transactions. It stipulated that they must be based on mutual agreement. Allah, The Exalted, Says (What means): "O you who believe, consume not your goods between you wrongly, except it be trading through mutual agreement." [An-Nissa`/29]. However, the detailed rulings of the minor aspects of these transactions are left to the ruler of each nation, to be specified in detail on basis of mutual agreement.

It has also sufficed with forbidding transactions that lead to dispute and enmity; therefore, it has forbidden Riba (usury) and gambling to ward off harm and eliminate causes of enmity. However, it didn`t tackle the minor rulings pertaining to these transactions, so as for every nation to tailor them in accordance with its situation.

As far as the financial system is concerned, the Quran has imposed taxes on the wealthy and others, to be disbursed in eight channels with the aim of covering public benefits and helping the needy. The organization and disbursement of these resources are to be conducted in line with what`s more beneficial for each nation.

Regarding foreign policy, the Quran has summarized the relation of Muslims with others in the following verse, which Says (What means): "God forbids you not, with regard to those who fight you not for (your) Faith nor drive you out of your homes, from dealing kindly and justly with them: for God loveth those who are just.

God only forbids you, with regard to those who fight you for (your) Faith, and drive you out of your homes, and support (others) in driving you out, from turning to them (for friendship and protection). It is such as turn to them (in these circumstances), that do wrong.” [Al-Mumtahanah/8-9].

The Noble Quran hasn`t stated the details of the minor aspects pertaining to public affairs. Not because it couldn`t or failed to do so, but for a great wisdom, and that is allowing every nation to particularize its systems in line with its situation and best interest, provided that this is done within the pillars set in the Quran. Issuing laws that consider the best interest of all people and achieve reconciliation is an example of perfection, not deficiency.

 

The second one:

Through many of its rulings, wisdoms, and verses, Islam has made clear that its objective is to achieve people`s best interest, spare them harm, establish justice amongst them and hinder their aggression against each other. This is reflected in the following verses (What means): "In the Law of Equality there is (saving of) Life   to you, o ye men of understanding; that ye may restrain yourselves." [Al-Baqarah/179] and the verse states (What means): "Satan’s plan is (but) to excite enmity and hatred between you, with intoxicants and gambling, and hinder you from the remembrance of Allah, and from prayer: will ye not then abstain?" [Al-Mai`dah/91]. This is also reflected in the Hadith: "What do you think if Allah withholds the fruits (causes it not to ripen), why would any one of you take his brother's wealth?" [Moslim].

In fact, acts of worship themselves were imposed along with the kind of reform expected out of them. Allah, The Almighty, Says about the wisdom behind prayer (What means): "for Prayer restrains from shameful and unjust deeds." [Al-Ankaboot/45]. About fasting, He Says (What means): "O ye who believe! Fasting is prescribed to you as it was prescribed to those before you, that ye may (learn) self-restraint." [Al-Baqarah/183]. About Zakat, He Says (What means): "Of their goods, take alms, that so thou mightest purify and sanctify them; and pray on their behalf. Verily thy prayers are a source of security for them: And God is One Who heareth and knoweth." [At-Tawbah/103]. About Hajj, He Says (What means}: "That they may witness the benefits (provided) for them, and celebrate the name of God, through the Days appointed, over the cattle which He has provided for them (for sacrifice): then eat ye thereof and feed the distressed ones in want." [Al-Hajj/28} This idea is represented in the following verses (What means): "God intends every facility for you; He does not want to put to difficulties." [Al-Baqarah/185], in addition, The Almighty Says (What means): "He has chosen you, and has imposed no difficulties on you in religion." [Al-Hajj/78]. It is also manifested in the Prophet`s Hadith: "There is no injury nor return of injury." [Moslim].

Consequently, if Islam aims to achieve reform, establish justice, facilitate for people and impose no difficulty on them, then it is entitled to observe every just policy. Its principles and overall rules contain everything that a reformer desires as it addresses every affair of the state`s. And Allah Knows Best.