Abstract:
This article elicits some positive and nonnative bases of Islamic governance. It argues that the Islamic state should be a republic since the prophet was "selected" be God and the four rightly-guided caliphs were "elected", thus a case is made for a republican spirit which should be integral to any just state. Also, the article argues that there should be a division of power, not only between government and judiciary, but also, between the government and the religious establishment. Lastly, it concludes with thirteen features deemed essential to the establishment of an Islamic State.To ask a Muslim to address this topic is both strange and typical. It is strange because Muslims claim to follow a religion that provides a scheme for all aspects of life: Islam being both religion and civilization, nobody should have any doubts about the Islamic system of state and government.It is typical because contemporary Muslims do grope for an answer to the question of how to govern Islamically, and are still tom over the issues involved. I would not be a Muslim if I would not seek enlightenment from the sources, i.e., Qur'an and Sunnah, and from Islamic history. But with history the trouble begins. In fact, one can only distinguish three periods of Islamic history from which to draw conclusions:
Machine summary:
"25 Again, one single author made all the difference in changing the Muslim's political paradigm: Muhammad Asad achieved this with his small but crucial book on "The Principles of State and Government in /slam",26 solely based on relevant Qur'anic norms and 70 ahadith.
Like Qutb, Asad insisted that "there has never existed a truly Islamic state after the time of the Prophet and of the Madinah Caliphate" 27, so that "the past thousand years or so of Muslim history can off er us no guidance.
32 By going back to Qur'an and Sunnah only, Asad was able to establish that: ( 1) There is no specific Islamic form of state;33 (2) Foremost duty of an Islamic State is to enforce the shari'aht'" (3) No legislation must run counter the letter or spirit of the shari'ah, (4) Obedience to a properly constituted government, Muslim or not, is a Muslim's religious duty;35 (5) Government subject to consent is a most essential prerequisite of an Islamic State;36 ( 6) Without a certain amount of differentiation between Muslims and non-Muslims there can be no Islamic state;37 (7) The principle of shura (42:38) demands the widest possible suffrage;38 (8) Majority decision is the best method for resolving differences of opinion;39 (9) Decisions of the majlis ash-shura are legally binding on the executiver" (10) It is not unlslamic to form competing political parties41 since differences of opinion within the ummah may be a divine blessing, ( 11) A "presidential" system of government, somewhat akin to that practiced in the United States, would correspond more closely to the requirements of an Islamic polity than a "parliamentary govemment" ;42 and that a (12) Supreme court should act as guardian of the constitution, i.