Democracy, Bohra future and Islamic guidelines
Posted: Tue Feb 26, 2013 6:26 am
Smoothing the Path to Religious Democracy
The advocates of Islamic democracy usually refer to the shura (consultation) as the most important Islamic teaching that supports and justifies the authority of people in an Islamic government. Rashid al-Ghannouchi (Tunisia, born 1941) writes:
The Islamic government is one in which:
1- Supreme legislative authority is for the Shari’ah, which is the revealed law of Islam, which transcends all laws. Within this context, it is responsibility of scholars to deduce detailed laws and regulations to be used as guidelines by judges. The head of the Islamic state is the leader of the executive body entrusted with the responsibility of implementing such laws and regulations.
2- Political power belongs to the community (ummah), which should adopt a form of ‘shura’ which is a system of mandatory consultation[135].
Thinkers like Sadek Sulaiman (Oman, born 1933) maintain that shura in Islam includes basic elements of democracy. He says:
As a concept and as a principle, shura in Islam does not differ from democracy. Both shura and democracy arise from the central consideration that collective deliberation is more likely to lead to a fair and sound result for the social good than individual preference[136].
The Holy Qur’an explicitly proposes and encourages that public affairs and the governance of the ummah should be based upon shura:
And those who respond to their Lord and keep up prayer, and their rule is to take counsel amongst themselves. (Chapter 42, Verse 38)
And ask pardon for them, and take counsel with them in the affair. (Chapter 3, Verse 159)
The second verse orders the Prophet (pbuh), who receives revelation and enjoys infallible knowledge, to take counsel with believers in management of public affairs. This command shows the fundamental significance of the participation of Muslims in social and political affairs. It is somewhat an exaggeration to suppose that the shura is the functional equivalent of western parliamentary democracy because there are some controversies amongst scholars about the political status of shura. For instance, those who believe in the theory of Caliphate, emphasize that members of the council only have a duty to express their opinion with no right to make political decisions. Accordingly if the Caliph refers to the assembly to take their opinion regarding rulings, which he wants to adopt, their opinion is not binding on him, even if it is a consensus of majority opinion.
What makes shura one of the basic elements of Islamic democracy, it seems, is the fact that shura refers to one of the significant essentials of democracy. Democracy in its long history has had evolutions and alterations, but matters such as public participation, the rule of law and the responsibility and accountability of governors can be recognized as essential to democracy. In conclusion, the assumption that the Islamic political system could be a democratic one, merely implies that Islamic teachings endorse and agree with the essentials of democracy. From this point of view, there is no doubt that the verses of the Holy Qur’an concerning shura along with some transmissions from the prophet and Imams emphasize on the necessity of public participation in political and social affairs. But the question concerning the political role of consultation (shura) in the process of making decisions still remains. Is consultation merely a religious duty of the ruler of the Islamic state, or is he bound by the decisions of those consulted?
The last verse of Surah Aale-Imran verifies the view that shura is not binding upon the ruler, for the Almighty God delegates the final decision, after consultation, to the Prophet (pbuh):
And take counsel with them in the affair, so when you have decided then place your trust in Allah. (Chapter 3, Verse 159)
However, the practice of the Holy Prophet, according to some traditions, testifies that he had implemented and respected the opinion of the believers even when it was against his own views. It is recorded that the Prophet not only consulted with his experienced or close companions, but sometimes he held open meetings in which all Muslims were invited. The consultation that took place about the battle of Badr and Uhud was one such example. In the case of Uhud he gave precedent to the opinion of the majority of Muslims over his own concerning the location of the battlefield and decided to fight outside the city of Madina. He also consulted the people concerning the treatment of prisoners of war following the battles of Badr and al- Khandaq[137].
Clearly, however, the Prophet did not consult the Muslims concerning religious affairs or divine matters. His consultations were restricted to war, peace and ordinary public affairs that were not determined by revelation and were not amongst the situations in which divine order determined must be done. For example, with regard to the treaty of al-Hudaybiyah the Prophet (pbuh) did not submit to the opinion of the majority of his companions who were in disagreement with the covenant, it was not in fact a consultation but a series of complaints made to the messenger regarding the terms of the peace. He rejected their suggestions to break his promises and continued to respect the agreement, which he had made because it was a command of Allah (swt). He told them: “Verily I am the servant of Allah and his messenger. I shall never disobey his order.”
In short, even though the shura in its historical function within the Islamic world does not totally overlap with the modern concept of democracy and the political status of parliament in contemporary representative democracies, it would be appropriate for shaping a limited democratic model for an Islamic state. The Qur’anic emphasis on the status of shura as an essential aspect of the Islamic political system – according to those who interpret the word for amr in both of the two verses relating to shura, as referring to governmental affairs – makes way for defining a determined systematic role for the people’s representatives (members of the shura) within the body of the Islamic state. The above- mentioned verses are silent about how the form and mechanism of shura in an Islamic political system might be, consequently the constitutional approach inclines to determine and stabilize the political status of shura (people’s authority) under the supreme authority of Islam does not confront any religious problem.
The second element, however, often mentioned by advocates of religious democracy as an appropriate approach to an Islamic democratic state is Bay’ah. In the first Chapter, the meaning of ‘Bay’ah’ has already been discussed. Here, the aim is to examine its legal nature, for it is supposed that its political function is the same as the function of an election in democratic systems. It should be noted that Bay’ah in the sense of adherence to a religion (as occurred between the Prophet and his supporters from Madina before Hijrah) or recognition of a pre-established authority by other means (such as the testamentary designation, such as the Bay’ah of people to the second caliph Umar) is irrelevant to our debate. Bay’ah as a means and method of designating a person as a ruler (caliph) among other legitimate methods is held to be the same as democratic election in its legal nature. This political view exclusively belongs to Sunni jurists, because Shi’a political thought, except that of the Zaydis, maintains that the Imamah is acquired by election within the Alid family. The Bay’ah has never been able to play this role, for the Shi’a recognize only one method of designating the Imam. He is appointed through the testament (nass) of one in the legitimate line of descent[138].
This sense of Bay’ah is a supposed contractual agreement between those who elect and he who has been designated as the ruler. As far as democracy is concerned, for at least two reasons, Bay’ah is not simply and solely a democratic election. Firstly, Bay’ah implies binding obedience to the ruler, and since it is a contractual agreement, like commercial agreements such as bao (to sell), the obedience of the elected ruler as a religious duty, would be obligatory. Secondly, this obligatory obedience is life long, whereas the democratic process of appointing a person as ruler is merely temporal with no religious implications.
One of the most important characteristics of a democratic government is its accountability to its people. A democratic state must be accountable and its citizens must have the right to criticize its policies and functions. Advocates of religious democracy maintain that al-amr bi'l-maruf wal nahy'an al- munkar (enjoining good and forbidding evil) is one of the most significant Islamic duties placed upon Muslims and it should render the Islamic state accountable. Many Qur’anic verses emphasize on this fundamental injunction, which if Muslims take seriously would produce a healthy and healthy society that is far removed from tyranny, injustice and dictatorship. Almighty God says in the Holy Qur’an:
And from amongst you there should be a party who invite to good and enjoin what is right and forbid the wrong, and these it is that shall be successful. (Chapter 3, Verse 104)
And (as for) the believing men and believing women, they are guardians of each other, they enjoin good and forbid evil. (Chapter 9, Verse 71)
It is an Islamic duty, incumbent upon all Muslims, to concern themselves with the health and well being of society, to oppose injustice and immorality, and to scrutinize the actions of those who undertake governmental affairs. There exists a mutual responsibility between the rulers and those whom they rule to implement and uphold the Islamic Shari’ah and this provides a clear framework and basis upon which citizens may question the actions and policies of their governors with regards to their socio-religious duties. As the most-noble Messenger (pbuh) in a famous tradition says:
Every one of you is a shepherd (of the community), and all are responsible for their dependants and herd[139].
In order to fulfil this obligation (to monitor governmental functions) there is a requirement for certain conditions to be met, such as the freedom of speech and to criticize as well as access to accurate and objective information. Otherwise, the active participation of people in public-religious duties such as providing constructive feedback and criticisms toward the governors and standing for justice and truth would be impossible. It is obvious that Islam does not concur with individual freedom to the extent prevalent in western culture. However, the preconditions of an Islamic and democratic government that respects the rights of the people and their contribution in socio-political affairs, are outlined by the Qur’an and Sunnah (valid traditions). For example the Qur'an encourages believers to listen to different opinions and to select the best of them:
Therefore give good news to my servant. Those who listen to the word, then follow the best of it; those are whom Allah has guided, and those it is who are men of understanding. (Chapter 39, Verses 17-18)
There are many narrations in historical and religious texts documenting dialogue and debate that occurred between Shi’a Imams and non-Muslim intellectuals in which disbelievers (even atheists) were able to express their ideological views so long as they were voiced as academic opinions and kept within the circles of scholarly debate, rather than attempting to propagate them. In a true Islamic state, it is the right granted to the people that they be kept aware of affairs in society and government.
Imam Ali (pbuh) once explained the mutual rights and duties that exist between an Imam (leader) and the people:
It is your right that I must not hide any secret, except that of war, from you. And that I should not take over matters (without your consultation or awareness) other than those concerning divine laws (hukm)[140].
Aside from the obvious distinction between religious democracy and western liberal democracy, the former holds the same essential advantages as any democratic government. These include the participation of citizens, the distribution of political power by election, political accountability of governors, constitutionalism and political transparency as well as mutual responsibility between the rulers and the ruled. Religious democracy however, is far more desirable for Muslims than any feasible alternative because of the supreme role of the Shari’ah in providing a basis for, and shaping the growth of, the contents of this political system. It is also desired because of the qualities and moral-religious commitments that the governor must have as the leader of Muslim society.
For instance, constitutionalism and accountability in secular, western democracies as Nathan Brown says, has expressed itself most frequently in human authored constitutional texts and rights, whereas religious constitutionalism is defined under the authority of the Shari’ah. Therefore, the religious government is not only accountable with regard to people's rights and needs, but also with regard to the Shari’ah and divine laws. He writes:
Many Muslims have come to believe that the crisis of political accountability can be solved by insisting that Muslim governments rule within the bounds fixed by the Islamic Shari’ah. In essence, this demand renders the Islamic Shari’ah as a kind of constitution. Governments may not cross the boundaries firmly established by the Islamic Shari’ah; rulers are held accountable to God's law[141].
Religious Democracy is Paradoxical
Critics of religious democracy maintain that there is an inherent antagonism between the fundamental aspects of the Islamic creed and the basis of democracy. According to this view, those who subscribe to the idea of religious democracy ignore the true nature of religion and overlook the epistemological foundations of democracy.
The democratic system is based upon pluralism that places emphasis upon freedom instead of regulation, diversity as opposed to homogeneity, and multiplicity rather than unity. According to pluralistic doctrine, no single person, group or school of thought can possess or claim to possess the absolute truth or that it's understanding and opinions are correct and that all others are false.
Truths are distributed amongst humanity, hence, every opinion is but a composition of truth and falsehood, and consequently no opinion has superiority over another, and cannot claim such. People are free to follow and support any opinion they decide upon, whether it be religious or secular, theistic or atheistic, moral or immoral. The unlimited freedom of choice is one of the most important foundations of democracy, a foundation that Islam is opposed to. Hamid Paydar writes:
One of the epistemological foundations of democracy is the obscurity of truth and its distribution amongst all human beings, however, if an ideology or religion should call itself the sample of truth, maintaining that other religions and opinions are manifestations of infidelity, polytheism and misleading, it would not be compatible with democratic government. Islam, according to some verses of the Qur’an introduces itself as a unique right and true religion. Verses such as “This then is Allah, your true lord; and what is there after the truth but error” (10:32) “And whoever desires a religion other than Islam, it should not be accepted from him” (3:85) and the opening verses of Surah Taubah (repentance) are in contradiction to man's freedom of choice[142].
This view emphasizes on the inflexibility of Islamic laws and the absolute authority of the Shari’ah as evidence of incompatibility between Islam and democracy. Obviously the interpretation of democracy stated above does not represent what exists in an ordinary democratic state. It is a particular version of democracy mixed with extreme liberalism, which asserts the absolute neutrality of a liberal democratic state. For this new approach a desirable political system should ignore any conception of good and should not based upon any particular philosophical-religious doctrine of life. As Galston says:
According to this view, the liberal state is desirable not because it promotes a specific way of life but precisely because it alone does not do so. The liberal state is ‘neutra’ amongst different ways of life. It presides benignly over them, intervening only to adjudicate conflict, to prevent any particular way of life tyrannizing over others, and to ensure that all adhere to the principals that constitute society's basic structure[143].
It is not our objective to discuss whether the neutrality of a political system is possible. However, the fact is that no form of political life can be justified without appealing to certain ideas and values concerning society and the individual. Some advocates of liberalism maintain that liberal theorists covertly employ theories concerning goodness. However, their adamant denial of any reference to a basis or foundation reduces the strength of their argument and leaves their theories vulnerable to criticism[144].
Regardless of whether a neutral government is feasible or not, there is no doubt that Islam is in complete disagreement with many underlying values of liberal democracy, including secularism, pluralism and radical individualism. Consequently the above-mentioned theory merely explains the general incompatibility of Islam with liberalism and specifically the new conception of a 'liberal state'. This, nevertheless, does not in any way undermine other versions of limited democracy, including religious democracy.
Usurpation of God's Sovereignty
Some Muslim thinkers who emphasize on Islamic governance argue that democracy is contradictory to Islamic principals because it involves the legislation of laws, and there are may verses of Qur’an that demonstrate that legislation is reserved for Allah (swt).
Indeed judgment (hukm) is only for Allah. (Chapter 6, Verse 57)
And in whatever thing you disagree, the judgment thereof is with Allah. (Chapter 42, Verse 10)
And if you were in dispute in anything amongst yourselves, refer to Allah and His Messenger. (Chapter 4, Verse 59)
In conclusion, Islam holds that sovereignty is with God (Divine law = Shari’ah) and not with the ummah (people), thus the ummah does not possess the right to legislate on any matter. For example, even if all the Muslims were to gather together and agree to permit usury, usury would remain prohibited because it is a decree from Allah and Muslims have no choice in the matter. On the other hand, in democracy sovereignty is with the people, thus they are able to legislate according to their own free will and desires, either directly or indirectly via the representatives they have elected[145].
The Egyptian revivalist scholar, Sayyid Qutb holds that the essential doctrine of liberal democracy, namely the sovereignty of man, is a usurpation of God's sovereignty and a rebellion against His authority, for it subordinates the individual to the will of other individuals instead of God's governance on the earth[146].
Clearly this approach to religious government, in principal, should not ignore the administrative and executive role of the people in an Islamic state, because for them the problem of legislation is fundamental. This approach insists that the believers cannot frame any law for themselves, nor do they have the right to alter or modify God's laws. This assumption has emanated from the idea that it is incumbent upon Muslims to follow Shari’ah and to restrict all actions and principals to this basis. It is not allowed for them to undertake or leave anything except after understanding the rule of Allah regarding it. Furthermore, those who deny any legislative role for the people maintain that the Islamic Shari’ah contains rules for all past events, current problems, all possible incidents and that it encompasses the actions of man completely and comprehensively. Allah says:
And we have sent down to you the book as an exposition of everything, a guidance, a mercy and glad tidings to those who have submitted themselves to Allah. (Chapter 16, Verse 89)
Accordingly, Muslims are allowed to make use of the sciences and thoughts of human beings unless they contradict Islam. However, with regard to laws and legislation it is prohibited for Muslims to devise and obey un-Islamic rules because it is impossible to find a human action that does not have an evidence or a sign that indicates its rule in the Quran. This is due to the general meaning of His saying ‘exposition of everything’[147].
Since the above view is both influential and popular amongst Islamic revivalist movements, it would be both convenient and useful to examine its various aspects. In order to do this, one must first clarify the meaning of “God’s sovereignty”, then the assumption that all legislative authority rests with God and that believers and qualified jurists (fuqaha) cannot frame any laws for Muslim society should be examined. It should also be emphasized that there is a lack of knowledge concerning the Islamic model of democracy, which insists on the sovereignty of God as well as people’s authority in limited aspects of political affairs. The followers of this doctrine focus solely on a comparison between their conception of an Islamic state and a purely democratic (or liberal democratic) model.
By definition, sovereignty is the claim of ultimate political authority, subject to no higher power with regards to the legislation and enforcement of political decisions. In the international system, sovereignty is the claim by the state to independent self-government and the mutual recognition of claims to sovereignty is the basis of international society[148].
Through regarding sovereignty as the basis and foundation of the political power that a government relies upon in order to be able to exercise its power and organize its domestic and international relationships, the idea that sovereignty as a political term has no connection to God has come to being. Therefore those who attribute the quality to God confuse between the religious status of God amongst believers and the political power of a state referred to by the term ‘sovereignty’. Hence many thinkers such as Fazlur-Rahman essentially deny any attempt to translate the supremacy of Allah into political sovereignty.
The term ‘sovereignty’ as a political term is of a relatively recent coining and denotes definite and defined factors in a society to which rightfully belongs coercive force in order to obtain obedience to its will. It is absolutely obvious that God is not sovereign in this sense and that only people can be and are sovereign, since only to them belongs ultimatecoercive force i.e. Only their 'word is law' in the politically ultimate sense[149].
As a matter of fact, every formed state has sovereignty regardless of how its political hegemony and power are established and shaped. So, all political models of government - democratic, dictatorship, guardianship and even a military government established by a coup d’etat - so long as it remains in power and can exercise ultimate political authority, possesses sovereignty. In the Islamic ideology, however, there is no unique origin for the establishment of political sovereignty and thus the fundamentally crucial question in this regard is one of ‘legitimacy’. Which form of political sovereignty is the legitimate one? Amongst political philosophers there are several answers to this significant question. The idea that ‘only people can be and are sovereign’, as Fazl ur-Rahman stated, represents the democratic approach to this question. Certainly, for philosophers who believe in ‘guardianship’ such as Plato, the rule of majority and the consent of the people does not legitimize the political sovereignty of a government.
Therefore, sovereignty as such could be created through a number of means and in different forms, but every political doctrine presents its own specific interpretation of legitimate sovereignty and emphasizes on one factor as an essential element of a legitimate state. In the view of those who support the doctrine of an Islamic state, the legitimacy of a government is strongly tied to the extent of that government's commitment to the Shari’ah as well as Islamic teachings and values. Muslim thinkers construe the phenomena as God's sovereignty because God's will is embodied in his legislations and His will and orders have priority over the will and orders expressed by the rulers of an Islamic government, who are obligated to rule in accordance with divine laws (Shari’ah).
With regards to this interpretation of God's sovereignty with its particular insistence on his supremacy in legislation, the key issue that arises is whether sovereignty prevents the believers from any form of legislation. This important question distinguishes between religious democracy and the above-mentioned doctrine that does not recognize any right for the believers to frame any law for themselves. Religious democracy, as emphasized before, is based firmly upon the belief in the ultimate authority of almighty God, including his legislative sovereignty. But it is essential to recognize that the unquestionable legislative superiority over dimensions of Muslim's life is one issue, and their frequent need for appropriate, fresh and temporal laws to handle new and unusual situations is another. Muslims society, like all other societies, is in need of new laws and regulations in order to adapt its legal system with the frequent alterations in social relationships, namely, new developments in human lifestyle, technological development and cultural– economical changes. Social change in its broad meaning regularly produces many fresh judicial questions, which often cannot be resolved without new legislation.
The conception that Islam is perfect, comprehensive and all- embracing with regards to the needs of human beings, particularly the judicial-legislative necessities that arise, andthat the Islamic legal system consequently includes all rules required for a desirable Islamic way of life, with no need to draft new legislation and laws, can be interpreted in two ways. The first notion incorporates a misinterpretation of the idea that Islam is indeed a perfect religion. This theory asserts that in every case in which mankind is in need of laws, there are appropriate rules that already exist in the Shari’ah that can be automatically applied. Islam contains every law that people require in order to handle their private and public affairs. In conclusion, there remains no legal vacuum to justify the existence of another legislative sovereignty to derive new laws. According to this view, Qur’anic verses such as “And we have sent down to you the book as an exposition of every thing” (16:89) should be interpreted as supporting this view, because the word ‘everything’ embraces all rules we need in the various dimensions of our life, at all times and in every model of social formation. Regarding the Islamic legal system, all judicial demands would be satisfied either by in advance prepared rules or through Ijtihad (fuqaha derive new laws by referring to Islamic sources), which in turn is not legislation. Through ijtihad the faqih recourse to the sources of Shari’ah to declare the position of Islam with regards to new questions and situations, this in its nature is completely separate from legislation. Islamic jurists have no right to legislate, they merely are able to understand and announce to believers what Almighty God has declared.
Small-scale societies have a relatively simple social structure that can be easily regulated by a basic set of rules. However, contemporary society is considerably larger and possesses a vast social structure permeated by many complex interrelationships. In such an environment, every circumstance and aspect of public life requires a flexible legal network, consisting of both fixed and changeable rules, in order to be able to stay in harmony with the demands of a growing and modern society. The existence of ahistorical, non-temporal and fixed laws is a significant characteristic that is common in many comprehensive legal systems, especially in the Islamic legal code, nevertheless, the importance of temporal, changeable rules that every government must legislate according to new economic, social and political situations cannot be ignored. These policies are required to protect the interests of society and to overcome different social difficulties concerning education, taxation, security, exports, immigration and so on. Therefore the adoption of policy is one of the most important functions of a government.
The Shari’ah is perfect, not because we do not need any kind of legislation or because all the rules needed have been previously prepared, rather it is because Islam is the most perfect of all legal systems. It consists of comprehensive and all-inclusive divine laws and Islamic jurisprudence also has specific elements, which render it a dynamic and flexible system that is capable of operating hand-in-hand with changes in society and reality. One of the most significant aspects of this structure is the right of a well-qualified jurist (Wali al-Faqih mujtahid a-adil) to issue rulings and commands. If the Shari’ah has already providing a verdict regarding a specific issue, it is an obligation upon the Islamic state to adopt the ruling of the Shari’ah.
If a situation arises in which the Shari’ah is ambiguous or there exists a difference of opinion concerning the divine law, the opinion and edict of the Wali Amr (who carries the responsibility of rulership in the absence of the infallible Imam) has precedence over all others. In the case where there exists no obligation or prohibition in the Shari’ah, it is permissible for the just faqih to issue a governmental order necessitated by the interest of Islam and Muslims. Since the just faqih has legitimate authority (wilayah) and legislative sovereignty other governors, including those elected by the people such as members of parliament and the president, should be appointed by the just faqih otherwise they would have no legitimate authority to make governmental rules and decisions. For instance Ayatollah Khomeini says:
In the absence of the guardianship of a faqih or divine ruler, the taghut (illegitimate authority) will prevail. If the president is not appointed by a just faqih, he would be illegitimate[150].
In letters appointing the members of the Islamic Revolutionary Council in Iran as well as the first premier, referring to the above points, he writes:
As a person who enjoys the wilayah of the sacred religion, I appoint him...any opposition to this government is tantamount to opposition of Shari’ah[151].
Therefore, being elected by the majority or obtaining public consensus does not automatically grant legislative sovereignty or legitimate religious authority to rule and govern Islamic society. And in cases that governors have been appointed by the just faqih – even elected officials – their authority for making decisions and orders cannot contradict the Shari’ah. Finally, in instances where there is noclear indication from the Shari’ah because the case is totally new, and without previous record, it is the responsibility of the fuqhaha (jurists) to deduce the appropriate rule from Islamic sources.
Benefits of Democracy
There are many advantages that make democracy more desirable than any other feasible alternative political system. Even though to attain all of the potential benefits is beyond the capacity of current democracies, these ideal consequences cannot be overlooked. When properly implemented and regulated, the democratic political system should in theory produce a series of beneficial objectives.
Avoiding tyranny: Democracy reduces the likelihood of a tyrannical or autocratic government obtaining power. However, this does not mean that democracy can totally guarantee the prevention of oppressive or dictatorial rule, or that it is entirely capable of preventing injustice in society. For example, the Nazi party in Germany (1933-1945) obtained power through the manipulation of the democratic and free-electoral systems. Advocates of democracy argue, though, that in the long-term a democratic process is less likely to do harm to the interests of the citizens than a non- democratic one.
Protecting essential rights: Democracy guarantees its citizens a number of fundamental rights that undemocratic systems do not grant. These political rights are all necessary elements of democratic political institutions.
Human development: It is claimed that democracy fosters human development more fully than any practical alternative. This claim is controversial and very difficult to substantiate. The only way to test this assertion is by measuring human development in democratic and non- democratic societies.
Political equality: Only a democratic government can guarantee a high degree of political equality amongst citizens.
Protecting essential personal interests: Democracy assists people in protecting their own fundamental interests. It allows people to shape their life in accordance with their own goals, preferences, values and beliefs[110].
Perhaps the most common justification given for democracy is that it is essential for the protection of the general interests of the persons who are subject to a democratic state.
The advocates of Islamic democracy usually refer to the shura (consultation) as the most important Islamic teaching that supports and justifies the authority of people in an Islamic government. Rashid al-Ghannouchi (Tunisia, born 1941) writes:
The Islamic government is one in which:
1- Supreme legislative authority is for the Shari’ah, which is the revealed law of Islam, which transcends all laws. Within this context, it is responsibility of scholars to deduce detailed laws and regulations to be used as guidelines by judges. The head of the Islamic state is the leader of the executive body entrusted with the responsibility of implementing such laws and regulations.
2- Political power belongs to the community (ummah), which should adopt a form of ‘shura’ which is a system of mandatory consultation[135].
Thinkers like Sadek Sulaiman (Oman, born 1933) maintain that shura in Islam includes basic elements of democracy. He says:
As a concept and as a principle, shura in Islam does not differ from democracy. Both shura and democracy arise from the central consideration that collective deliberation is more likely to lead to a fair and sound result for the social good than individual preference[136].
The Holy Qur’an explicitly proposes and encourages that public affairs and the governance of the ummah should be based upon shura:
And those who respond to their Lord and keep up prayer, and their rule is to take counsel amongst themselves. (Chapter 42, Verse 38)
And ask pardon for them, and take counsel with them in the affair. (Chapter 3, Verse 159)
The second verse orders the Prophet (pbuh), who receives revelation and enjoys infallible knowledge, to take counsel with believers in management of public affairs. This command shows the fundamental significance of the participation of Muslims in social and political affairs. It is somewhat an exaggeration to suppose that the shura is the functional equivalent of western parliamentary democracy because there are some controversies amongst scholars about the political status of shura. For instance, those who believe in the theory of Caliphate, emphasize that members of the council only have a duty to express their opinion with no right to make political decisions. Accordingly if the Caliph refers to the assembly to take their opinion regarding rulings, which he wants to adopt, their opinion is not binding on him, even if it is a consensus of majority opinion.
What makes shura one of the basic elements of Islamic democracy, it seems, is the fact that shura refers to one of the significant essentials of democracy. Democracy in its long history has had evolutions and alterations, but matters such as public participation, the rule of law and the responsibility and accountability of governors can be recognized as essential to democracy. In conclusion, the assumption that the Islamic political system could be a democratic one, merely implies that Islamic teachings endorse and agree with the essentials of democracy. From this point of view, there is no doubt that the verses of the Holy Qur’an concerning shura along with some transmissions from the prophet and Imams emphasize on the necessity of public participation in political and social affairs. But the question concerning the political role of consultation (shura) in the process of making decisions still remains. Is consultation merely a religious duty of the ruler of the Islamic state, or is he bound by the decisions of those consulted?
The last verse of Surah Aale-Imran verifies the view that shura is not binding upon the ruler, for the Almighty God delegates the final decision, after consultation, to the Prophet (pbuh):
And take counsel with them in the affair, so when you have decided then place your trust in Allah. (Chapter 3, Verse 159)
However, the practice of the Holy Prophet, according to some traditions, testifies that he had implemented and respected the opinion of the believers even when it was against his own views. It is recorded that the Prophet not only consulted with his experienced or close companions, but sometimes he held open meetings in which all Muslims were invited. The consultation that took place about the battle of Badr and Uhud was one such example. In the case of Uhud he gave precedent to the opinion of the majority of Muslims over his own concerning the location of the battlefield and decided to fight outside the city of Madina. He also consulted the people concerning the treatment of prisoners of war following the battles of Badr and al- Khandaq[137].
Clearly, however, the Prophet did not consult the Muslims concerning religious affairs or divine matters. His consultations were restricted to war, peace and ordinary public affairs that were not determined by revelation and were not amongst the situations in which divine order determined must be done. For example, with regard to the treaty of al-Hudaybiyah the Prophet (pbuh) did not submit to the opinion of the majority of his companions who were in disagreement with the covenant, it was not in fact a consultation but a series of complaints made to the messenger regarding the terms of the peace. He rejected their suggestions to break his promises and continued to respect the agreement, which he had made because it was a command of Allah (swt). He told them: “Verily I am the servant of Allah and his messenger. I shall never disobey his order.”
In short, even though the shura in its historical function within the Islamic world does not totally overlap with the modern concept of democracy and the political status of parliament in contemporary representative democracies, it would be appropriate for shaping a limited democratic model for an Islamic state. The Qur’anic emphasis on the status of shura as an essential aspect of the Islamic political system – according to those who interpret the word for amr in both of the two verses relating to shura, as referring to governmental affairs – makes way for defining a determined systematic role for the people’s representatives (members of the shura) within the body of the Islamic state. The above- mentioned verses are silent about how the form and mechanism of shura in an Islamic political system might be, consequently the constitutional approach inclines to determine and stabilize the political status of shura (people’s authority) under the supreme authority of Islam does not confront any religious problem.
The second element, however, often mentioned by advocates of religious democracy as an appropriate approach to an Islamic democratic state is Bay’ah. In the first Chapter, the meaning of ‘Bay’ah’ has already been discussed. Here, the aim is to examine its legal nature, for it is supposed that its political function is the same as the function of an election in democratic systems. It should be noted that Bay’ah in the sense of adherence to a religion (as occurred between the Prophet and his supporters from Madina before Hijrah) or recognition of a pre-established authority by other means (such as the testamentary designation, such as the Bay’ah of people to the second caliph Umar) is irrelevant to our debate. Bay’ah as a means and method of designating a person as a ruler (caliph) among other legitimate methods is held to be the same as democratic election in its legal nature. This political view exclusively belongs to Sunni jurists, because Shi’a political thought, except that of the Zaydis, maintains that the Imamah is acquired by election within the Alid family. The Bay’ah has never been able to play this role, for the Shi’a recognize only one method of designating the Imam. He is appointed through the testament (nass) of one in the legitimate line of descent[138].
This sense of Bay’ah is a supposed contractual agreement between those who elect and he who has been designated as the ruler. As far as democracy is concerned, for at least two reasons, Bay’ah is not simply and solely a democratic election. Firstly, Bay’ah implies binding obedience to the ruler, and since it is a contractual agreement, like commercial agreements such as bao (to sell), the obedience of the elected ruler as a religious duty, would be obligatory. Secondly, this obligatory obedience is life long, whereas the democratic process of appointing a person as ruler is merely temporal with no religious implications.
One of the most important characteristics of a democratic government is its accountability to its people. A democratic state must be accountable and its citizens must have the right to criticize its policies and functions. Advocates of religious democracy maintain that al-amr bi'l-maruf wal nahy'an al- munkar (enjoining good and forbidding evil) is one of the most significant Islamic duties placed upon Muslims and it should render the Islamic state accountable. Many Qur’anic verses emphasize on this fundamental injunction, which if Muslims take seriously would produce a healthy and healthy society that is far removed from tyranny, injustice and dictatorship. Almighty God says in the Holy Qur’an:
And from amongst you there should be a party who invite to good and enjoin what is right and forbid the wrong, and these it is that shall be successful. (Chapter 3, Verse 104)
And (as for) the believing men and believing women, they are guardians of each other, they enjoin good and forbid evil. (Chapter 9, Verse 71)
It is an Islamic duty, incumbent upon all Muslims, to concern themselves with the health and well being of society, to oppose injustice and immorality, and to scrutinize the actions of those who undertake governmental affairs. There exists a mutual responsibility between the rulers and those whom they rule to implement and uphold the Islamic Shari’ah and this provides a clear framework and basis upon which citizens may question the actions and policies of their governors with regards to their socio-religious duties. As the most-noble Messenger (pbuh) in a famous tradition says:
Every one of you is a shepherd (of the community), and all are responsible for their dependants and herd[139].
In order to fulfil this obligation (to monitor governmental functions) there is a requirement for certain conditions to be met, such as the freedom of speech and to criticize as well as access to accurate and objective information. Otherwise, the active participation of people in public-religious duties such as providing constructive feedback and criticisms toward the governors and standing for justice and truth would be impossible. It is obvious that Islam does not concur with individual freedom to the extent prevalent in western culture. However, the preconditions of an Islamic and democratic government that respects the rights of the people and their contribution in socio-political affairs, are outlined by the Qur’an and Sunnah (valid traditions). For example the Qur'an encourages believers to listen to different opinions and to select the best of them:
Therefore give good news to my servant. Those who listen to the word, then follow the best of it; those are whom Allah has guided, and those it is who are men of understanding. (Chapter 39, Verses 17-18)
There are many narrations in historical and religious texts documenting dialogue and debate that occurred between Shi’a Imams and non-Muslim intellectuals in which disbelievers (even atheists) were able to express their ideological views so long as they were voiced as academic opinions and kept within the circles of scholarly debate, rather than attempting to propagate them. In a true Islamic state, it is the right granted to the people that they be kept aware of affairs in society and government.
Imam Ali (pbuh) once explained the mutual rights and duties that exist between an Imam (leader) and the people:
It is your right that I must not hide any secret, except that of war, from you. And that I should not take over matters (without your consultation or awareness) other than those concerning divine laws (hukm)[140].
Aside from the obvious distinction between religious democracy and western liberal democracy, the former holds the same essential advantages as any democratic government. These include the participation of citizens, the distribution of political power by election, political accountability of governors, constitutionalism and political transparency as well as mutual responsibility between the rulers and the ruled. Religious democracy however, is far more desirable for Muslims than any feasible alternative because of the supreme role of the Shari’ah in providing a basis for, and shaping the growth of, the contents of this political system. It is also desired because of the qualities and moral-religious commitments that the governor must have as the leader of Muslim society.
For instance, constitutionalism and accountability in secular, western democracies as Nathan Brown says, has expressed itself most frequently in human authored constitutional texts and rights, whereas religious constitutionalism is defined under the authority of the Shari’ah. Therefore, the religious government is not only accountable with regard to people's rights and needs, but also with regard to the Shari’ah and divine laws. He writes:
Many Muslims have come to believe that the crisis of political accountability can be solved by insisting that Muslim governments rule within the bounds fixed by the Islamic Shari’ah. In essence, this demand renders the Islamic Shari’ah as a kind of constitution. Governments may not cross the boundaries firmly established by the Islamic Shari’ah; rulers are held accountable to God's law[141].
Religious Democracy is Paradoxical
Critics of religious democracy maintain that there is an inherent antagonism between the fundamental aspects of the Islamic creed and the basis of democracy. According to this view, those who subscribe to the idea of religious democracy ignore the true nature of religion and overlook the epistemological foundations of democracy.
The democratic system is based upon pluralism that places emphasis upon freedom instead of regulation, diversity as opposed to homogeneity, and multiplicity rather than unity. According to pluralistic doctrine, no single person, group or school of thought can possess or claim to possess the absolute truth or that it's understanding and opinions are correct and that all others are false.
Truths are distributed amongst humanity, hence, every opinion is but a composition of truth and falsehood, and consequently no opinion has superiority over another, and cannot claim such. People are free to follow and support any opinion they decide upon, whether it be religious or secular, theistic or atheistic, moral or immoral. The unlimited freedom of choice is one of the most important foundations of democracy, a foundation that Islam is opposed to. Hamid Paydar writes:
One of the epistemological foundations of democracy is the obscurity of truth and its distribution amongst all human beings, however, if an ideology or religion should call itself the sample of truth, maintaining that other religions and opinions are manifestations of infidelity, polytheism and misleading, it would not be compatible with democratic government. Islam, according to some verses of the Qur’an introduces itself as a unique right and true religion. Verses such as “This then is Allah, your true lord; and what is there after the truth but error” (10:32) “And whoever desires a religion other than Islam, it should not be accepted from him” (3:85) and the opening verses of Surah Taubah (repentance) are in contradiction to man's freedom of choice[142].
This view emphasizes on the inflexibility of Islamic laws and the absolute authority of the Shari’ah as evidence of incompatibility between Islam and democracy. Obviously the interpretation of democracy stated above does not represent what exists in an ordinary democratic state. It is a particular version of democracy mixed with extreme liberalism, which asserts the absolute neutrality of a liberal democratic state. For this new approach a desirable political system should ignore any conception of good and should not based upon any particular philosophical-religious doctrine of life. As Galston says:
According to this view, the liberal state is desirable not because it promotes a specific way of life but precisely because it alone does not do so. The liberal state is ‘neutra’ amongst different ways of life. It presides benignly over them, intervening only to adjudicate conflict, to prevent any particular way of life tyrannizing over others, and to ensure that all adhere to the principals that constitute society's basic structure[143].
It is not our objective to discuss whether the neutrality of a political system is possible. However, the fact is that no form of political life can be justified without appealing to certain ideas and values concerning society and the individual. Some advocates of liberalism maintain that liberal theorists covertly employ theories concerning goodness. However, their adamant denial of any reference to a basis or foundation reduces the strength of their argument and leaves their theories vulnerable to criticism[144].
Regardless of whether a neutral government is feasible or not, there is no doubt that Islam is in complete disagreement with many underlying values of liberal democracy, including secularism, pluralism and radical individualism. Consequently the above-mentioned theory merely explains the general incompatibility of Islam with liberalism and specifically the new conception of a 'liberal state'. This, nevertheless, does not in any way undermine other versions of limited democracy, including religious democracy.
Usurpation of God's Sovereignty
Some Muslim thinkers who emphasize on Islamic governance argue that democracy is contradictory to Islamic principals because it involves the legislation of laws, and there are may verses of Qur’an that demonstrate that legislation is reserved for Allah (swt).
Indeed judgment (hukm) is only for Allah. (Chapter 6, Verse 57)
And in whatever thing you disagree, the judgment thereof is with Allah. (Chapter 42, Verse 10)
And if you were in dispute in anything amongst yourselves, refer to Allah and His Messenger. (Chapter 4, Verse 59)
In conclusion, Islam holds that sovereignty is with God (Divine law = Shari’ah) and not with the ummah (people), thus the ummah does not possess the right to legislate on any matter. For example, even if all the Muslims were to gather together and agree to permit usury, usury would remain prohibited because it is a decree from Allah and Muslims have no choice in the matter. On the other hand, in democracy sovereignty is with the people, thus they are able to legislate according to their own free will and desires, either directly or indirectly via the representatives they have elected[145].
The Egyptian revivalist scholar, Sayyid Qutb holds that the essential doctrine of liberal democracy, namely the sovereignty of man, is a usurpation of God's sovereignty and a rebellion against His authority, for it subordinates the individual to the will of other individuals instead of God's governance on the earth[146].
Clearly this approach to religious government, in principal, should not ignore the administrative and executive role of the people in an Islamic state, because for them the problem of legislation is fundamental. This approach insists that the believers cannot frame any law for themselves, nor do they have the right to alter or modify God's laws. This assumption has emanated from the idea that it is incumbent upon Muslims to follow Shari’ah and to restrict all actions and principals to this basis. It is not allowed for them to undertake or leave anything except after understanding the rule of Allah regarding it. Furthermore, those who deny any legislative role for the people maintain that the Islamic Shari’ah contains rules for all past events, current problems, all possible incidents and that it encompasses the actions of man completely and comprehensively. Allah says:
And we have sent down to you the book as an exposition of everything, a guidance, a mercy and glad tidings to those who have submitted themselves to Allah. (Chapter 16, Verse 89)
Accordingly, Muslims are allowed to make use of the sciences and thoughts of human beings unless they contradict Islam. However, with regard to laws and legislation it is prohibited for Muslims to devise and obey un-Islamic rules because it is impossible to find a human action that does not have an evidence or a sign that indicates its rule in the Quran. This is due to the general meaning of His saying ‘exposition of everything’[147].
Since the above view is both influential and popular amongst Islamic revivalist movements, it would be both convenient and useful to examine its various aspects. In order to do this, one must first clarify the meaning of “God’s sovereignty”, then the assumption that all legislative authority rests with God and that believers and qualified jurists (fuqaha) cannot frame any laws for Muslim society should be examined. It should also be emphasized that there is a lack of knowledge concerning the Islamic model of democracy, which insists on the sovereignty of God as well as people’s authority in limited aspects of political affairs. The followers of this doctrine focus solely on a comparison between their conception of an Islamic state and a purely democratic (or liberal democratic) model.
By definition, sovereignty is the claim of ultimate political authority, subject to no higher power with regards to the legislation and enforcement of political decisions. In the international system, sovereignty is the claim by the state to independent self-government and the mutual recognition of claims to sovereignty is the basis of international society[148].
Through regarding sovereignty as the basis and foundation of the political power that a government relies upon in order to be able to exercise its power and organize its domestic and international relationships, the idea that sovereignty as a political term has no connection to God has come to being. Therefore those who attribute the quality to God confuse between the religious status of God amongst believers and the political power of a state referred to by the term ‘sovereignty’. Hence many thinkers such as Fazlur-Rahman essentially deny any attempt to translate the supremacy of Allah into political sovereignty.
The term ‘sovereignty’ as a political term is of a relatively recent coining and denotes definite and defined factors in a society to which rightfully belongs coercive force in order to obtain obedience to its will. It is absolutely obvious that God is not sovereign in this sense and that only people can be and are sovereign, since only to them belongs ultimatecoercive force i.e. Only their 'word is law' in the politically ultimate sense[149].
As a matter of fact, every formed state has sovereignty regardless of how its political hegemony and power are established and shaped. So, all political models of government - democratic, dictatorship, guardianship and even a military government established by a coup d’etat - so long as it remains in power and can exercise ultimate political authority, possesses sovereignty. In the Islamic ideology, however, there is no unique origin for the establishment of political sovereignty and thus the fundamentally crucial question in this regard is one of ‘legitimacy’. Which form of political sovereignty is the legitimate one? Amongst political philosophers there are several answers to this significant question. The idea that ‘only people can be and are sovereign’, as Fazl ur-Rahman stated, represents the democratic approach to this question. Certainly, for philosophers who believe in ‘guardianship’ such as Plato, the rule of majority and the consent of the people does not legitimize the political sovereignty of a government.
Therefore, sovereignty as such could be created through a number of means and in different forms, but every political doctrine presents its own specific interpretation of legitimate sovereignty and emphasizes on one factor as an essential element of a legitimate state. In the view of those who support the doctrine of an Islamic state, the legitimacy of a government is strongly tied to the extent of that government's commitment to the Shari’ah as well as Islamic teachings and values. Muslim thinkers construe the phenomena as God's sovereignty because God's will is embodied in his legislations and His will and orders have priority over the will and orders expressed by the rulers of an Islamic government, who are obligated to rule in accordance with divine laws (Shari’ah).
With regards to this interpretation of God's sovereignty with its particular insistence on his supremacy in legislation, the key issue that arises is whether sovereignty prevents the believers from any form of legislation. This important question distinguishes between religious democracy and the above-mentioned doctrine that does not recognize any right for the believers to frame any law for themselves. Religious democracy, as emphasized before, is based firmly upon the belief in the ultimate authority of almighty God, including his legislative sovereignty. But it is essential to recognize that the unquestionable legislative superiority over dimensions of Muslim's life is one issue, and their frequent need for appropriate, fresh and temporal laws to handle new and unusual situations is another. Muslims society, like all other societies, is in need of new laws and regulations in order to adapt its legal system with the frequent alterations in social relationships, namely, new developments in human lifestyle, technological development and cultural– economical changes. Social change in its broad meaning regularly produces many fresh judicial questions, which often cannot be resolved without new legislation.
The conception that Islam is perfect, comprehensive and all- embracing with regards to the needs of human beings, particularly the judicial-legislative necessities that arise, andthat the Islamic legal system consequently includes all rules required for a desirable Islamic way of life, with no need to draft new legislation and laws, can be interpreted in two ways. The first notion incorporates a misinterpretation of the idea that Islam is indeed a perfect religion. This theory asserts that in every case in which mankind is in need of laws, there are appropriate rules that already exist in the Shari’ah that can be automatically applied. Islam contains every law that people require in order to handle their private and public affairs. In conclusion, there remains no legal vacuum to justify the existence of another legislative sovereignty to derive new laws. According to this view, Qur’anic verses such as “And we have sent down to you the book as an exposition of every thing” (16:89) should be interpreted as supporting this view, because the word ‘everything’ embraces all rules we need in the various dimensions of our life, at all times and in every model of social formation. Regarding the Islamic legal system, all judicial demands would be satisfied either by in advance prepared rules or through Ijtihad (fuqaha derive new laws by referring to Islamic sources), which in turn is not legislation. Through ijtihad the faqih recourse to the sources of Shari’ah to declare the position of Islam with regards to new questions and situations, this in its nature is completely separate from legislation. Islamic jurists have no right to legislate, they merely are able to understand and announce to believers what Almighty God has declared.
Small-scale societies have a relatively simple social structure that can be easily regulated by a basic set of rules. However, contemporary society is considerably larger and possesses a vast social structure permeated by many complex interrelationships. In such an environment, every circumstance and aspect of public life requires a flexible legal network, consisting of both fixed and changeable rules, in order to be able to stay in harmony with the demands of a growing and modern society. The existence of ahistorical, non-temporal and fixed laws is a significant characteristic that is common in many comprehensive legal systems, especially in the Islamic legal code, nevertheless, the importance of temporal, changeable rules that every government must legislate according to new economic, social and political situations cannot be ignored. These policies are required to protect the interests of society and to overcome different social difficulties concerning education, taxation, security, exports, immigration and so on. Therefore the adoption of policy is one of the most important functions of a government.
The Shari’ah is perfect, not because we do not need any kind of legislation or because all the rules needed have been previously prepared, rather it is because Islam is the most perfect of all legal systems. It consists of comprehensive and all-inclusive divine laws and Islamic jurisprudence also has specific elements, which render it a dynamic and flexible system that is capable of operating hand-in-hand with changes in society and reality. One of the most significant aspects of this structure is the right of a well-qualified jurist (Wali al-Faqih mujtahid a-adil) to issue rulings and commands. If the Shari’ah has already providing a verdict regarding a specific issue, it is an obligation upon the Islamic state to adopt the ruling of the Shari’ah.
If a situation arises in which the Shari’ah is ambiguous or there exists a difference of opinion concerning the divine law, the opinion and edict of the Wali Amr (who carries the responsibility of rulership in the absence of the infallible Imam) has precedence over all others. In the case where there exists no obligation or prohibition in the Shari’ah, it is permissible for the just faqih to issue a governmental order necessitated by the interest of Islam and Muslims. Since the just faqih has legitimate authority (wilayah) and legislative sovereignty other governors, including those elected by the people such as members of parliament and the president, should be appointed by the just faqih otherwise they would have no legitimate authority to make governmental rules and decisions. For instance Ayatollah Khomeini says:
In the absence of the guardianship of a faqih or divine ruler, the taghut (illegitimate authority) will prevail. If the president is not appointed by a just faqih, he would be illegitimate[150].
In letters appointing the members of the Islamic Revolutionary Council in Iran as well as the first premier, referring to the above points, he writes:
As a person who enjoys the wilayah of the sacred religion, I appoint him...any opposition to this government is tantamount to opposition of Shari’ah[151].
Therefore, being elected by the majority or obtaining public consensus does not automatically grant legislative sovereignty or legitimate religious authority to rule and govern Islamic society. And in cases that governors have been appointed by the just faqih – even elected officials – their authority for making decisions and orders cannot contradict the Shari’ah. Finally, in instances where there is noclear indication from the Shari’ah because the case is totally new, and without previous record, it is the responsibility of the fuqhaha (jurists) to deduce the appropriate rule from Islamic sources.
Benefits of Democracy
There are many advantages that make democracy more desirable than any other feasible alternative political system. Even though to attain all of the potential benefits is beyond the capacity of current democracies, these ideal consequences cannot be overlooked. When properly implemented and regulated, the democratic political system should in theory produce a series of beneficial objectives.
Avoiding tyranny: Democracy reduces the likelihood of a tyrannical or autocratic government obtaining power. However, this does not mean that democracy can totally guarantee the prevention of oppressive or dictatorial rule, or that it is entirely capable of preventing injustice in society. For example, the Nazi party in Germany (1933-1945) obtained power through the manipulation of the democratic and free-electoral systems. Advocates of democracy argue, though, that in the long-term a democratic process is less likely to do harm to the interests of the citizens than a non- democratic one.
Protecting essential rights: Democracy guarantees its citizens a number of fundamental rights that undemocratic systems do not grant. These political rights are all necessary elements of democratic political institutions.
Human development: It is claimed that democracy fosters human development more fully than any practical alternative. This claim is controversial and very difficult to substantiate. The only way to test this assertion is by measuring human development in democratic and non- democratic societies.
Political equality: Only a democratic government can guarantee a high degree of political equality amongst citizens.
Protecting essential personal interests: Democracy assists people in protecting their own fundamental interests. It allows people to shape their life in accordance with their own goals, preferences, values and beliefs[110].
Perhaps the most common justification given for democracy is that it is essential for the protection of the general interests of the persons who are subject to a democratic state.