Chapter-1 State Affairs
The difference between an Islamic State and a secular state is that in an
Islamic State, affairs are conducted within limits laid down by the Quran.
Nobody has the right to transgress these limits; in other words, the right to
rule belongs to Allah alone. It is said in Surah Yusuf (12:40)
"Remember! The command is for none but Allah"
(18:26) "Nor does He share His
Command with any one whosoever". If the right to rule is bestowed upon any
person or a group of persons, whatever be their name, that shall amount to
ascribing partners with Allah. No one, how highly placed he may be, even as high
as a Messenger of Allahe, has the right to make people subservient to himself.
Surah Aal-e-Imran says: (3:78)
"It is not for any human being unto whom Allah has given the Book and wisdom and
the Divine Message, that he should afterwards have said unto mankind, 'Obey me
instead of Allah'. He should rather say, 'You should be amongst those who are
subservient to Allah by following His Book which you study and teach others'."
Be it clear, that it is the Messenger of Allah who first receives the Book, then
he delivers it to others. That is how the Book of Allah reaches the common man.
The Quran was initially revealed to the 'Nabi'e. Later it became inherited by
Muslim Ummah. It is said in Surah Faatir (35:32)
"Then We have given the Book for inheritance to such of our servants as We
have chosen (It means the Muslim Ummah)". The duty of the Ummah is to establish
an Order according to this Book; thus an Islamic State is an agency that
enforces the divine command. On the contrary, the system of government in which
the right of law-making is exercised by human beings, is a secular regime,
whatever its shape may be. That is the line of demarcation between infidelity
and Islam, Kufar and Islam. Allah ordains: (5:44)
"Those who do not establish a rule according to what Allah has revealed, are
2. THE CODE OF LAWS IN AN ISLAMIC STATE.
i) The code of an Islamic Constitution is the Book of Allah (the Quran).
As stated above, those who do not establish a rule according to the Book of
Allah are infidels (5:44); subservience to any other rule is not right. Surah
A'raaf says: (7:3)
"(O Jamaa'atul Mu'mineen) Follow only that which has been revealed to you by
your Rabb and do not follow any friends and protectors other than Him. (The
subservience to Divine Laws and not of any human being is the real freedom), but
very few keep this reality in mind."
ii) This Book, the Quran, is clear and explicit (5:15)
"Light from Allah has come to you in the form of a perspicuous Book". It
means that the Book is clear and revealing. It is very easy to follow (54:32)
"In reality We have made this Quran very easy for taking guidance". It does
not contain any disputative matter. Allah says: (4:82)
"Do they not reflect upon the Quran Were it from anyone other than Allah,
they would surely have found therein plenty of contradictions". To be free of
any discrepancy is in itself a proof of its having been revealed by Allah. Not
only that it does not contain any controversial matter, it has the capacity to
stand as a judge, in order to decide on controversial matters. The very aim of
revealing Books from Allah was to decide all disagreements amongst human beings.
"And to them (the Rasools) He sent the Book in truth, to judge between people
in matters wherein they differed."
iii) As a code of guidance this book is complete as well as immutable:
"The Laws of thy Rabb do find their fulfilment in truth and justice. None
can change His Laws, for He is the One Who hears and knows every-thing".
iv) In it there are certain laws (the details of) which have been
determined and for others guidance has been provided only in principle. The
determined laws shall be enforced as such. As far as those laws are concerned
where only the principles are given, an Islamic State shall frame details
thereof staying within the parameters of these principles according to the needs
of their time. These principles shall remain immutable but the rules framed
under their guidance shall be liable to change in accordance with the exigencies
of advancing times. This is the expedience, on the basis of which Allah did not
determine the by-laws Himself. If it had so happened, these laws could not
remain consistent with the exigencies of time, and that could render the working
of the way of life prescribed by Him, impracticable. The Book that was intended
to remain a code of guidance for all times and for all men, had to be thus, i.e.
the principles should be immutable and detailed applicatory by-laws changeable
with the change of time. Only this blend of permanence and change could keep the
system permanently practicable through all times. This reality has been
clarified by saying:(5:101-102)
"O you who believe! (what is necessary for the guidance of mankind has been
given through revelation and is prescribed in the Quran). Do not probe into that
which has not been revealed (because if We fix up their details, they shall
become immutable. And when they shall not be able to cope with the needs of
time, you shall be put into difficulty because you shall not be able to
accomplish them). The same shall happen if We disclose such matters during the
descent of revelation. Thus you should particularly keep it in mind; We forgive
all that has happened before. You ought to be careful in future. If you had
forgotten or had fallen into error, there is a scope in the Laws of Allah for
forgiveness of failings in small matters. You are given the warning because
before this a nation (Israelites) had started asking such questions (2:108). As
a result they had put so many limitation and restrictions upon themselves that
it became difficult for them to accomplish them and having been fed up with
these details, they forsook the real 'Deen' itself."
It is apparent that the commandments and laws determined in the Quran shall be
put into practice gradually according to the conditions of the society, and thus
the society shall be brought to the required standard step by step. But it shall
not be allowed that you pick up some injunctions of the Quran according to your
own liking and take these up along with other un-Quranic injunctions and name
the mixture of these two as Islamic Code of Laws", this is also infidelity Kufar.
The Jews also used to behave in that way, on account of which they were warned
as follows: (2:85)
"Do you then believe in a part of the book and reject the rest But what
shall be the recompense for those among you who behave like this, except
disgrace in this life, and on the Day of Judgment they shall be consigned to the
most grievous chastisement".
3. THE ENTIRE UMMAH SHALL TAKE PART IN THE GOVERNMENT.
The duty of an Islamic Rule is: "To enforce what is lawful according to the
Divine Law and prohibit what is unlawful."
It is said in Surah Hajj: (22:41)
"They are those who if we establish them in the land, establish the way of
life consistent with the Divine Laws and provide nourishment to individuals,
enjoin the right and forbid the wrong."
It means that it shall be the duty of the Islamic Rule to enforce by-laws of
what the Quran considers right and forbid what it considers wrong. According to
the Quran it is the duty of the entire Ummah. Allah says: (3:109)
"You are the Ummah raised for the good of all mankind. Your responsibility is to
enjoin the right and forbid the wrong". This very Ummah is the inheritor of the
Book of Allah (35:32)". It means that the law and order of the State (known as
the government) is not limited to a part in it. The machinery that shall put it
into shape has been left by the Quran to the discretion of the Ummah. It may
take any form but its aim shall be that the entire Ummah shall take part in the
working of the state's affairs _ i.e., all Muslims living within the boundaries
of the State. Non-Muslims cannot take part in it because, it is the duty of the
government comprising Muslims only to enforce the Divine Injunctions. How then,
can those people who do not believe in these injunctions take part in its
4. SYSTEM BASED ON CONSULTATION.
The system in which the entire Ummah takes part, is termed by the Quran 'a
system by consultation' (42:38);
It has been ordained by Allah, that "in it, all affairs shall be settled by
consultation." This system shall differ from the western system of democracy in
which the nation or the representatives of a nation possess the comprehensive
powers of law-making; in other words sovereignty belongs to the nation as a
whole but in an Islamic Government the sovereignty belongs to (the Book of)
Allah. Leaving aside the representatives of the people, even the entire nation
has no right either to make laws against it, or bring about a change in it. The
opponents of this system used to ask the Rasoole: "If you could make a change in
the Quran according to our liking we are ready to compromise with you". In
answer to their demand Allah addresses the Rasoole thus: (10:15)
"Say: It is not for me, to change it of my own accord. I follow not but what
is revealed unto me. If I were to disobey my Rabb, even slightly, I am afraid of
the punishment I shall receive according to the Law of Requital". It is apparent
that when even the Rasoole could not make any change in it at his own, how can
anybody else be allowed to do so Now, as far as the system of majority and
minority in a democratic system is concerned, it is apparent that since every
matter shall have to be decided in accordance with the Quranic Injunctions, so
the question of casting the votes does not arise. The concept that the decisions
made by the majority are based on truth is false. The Rasoole is addressed as
"If you were to follow the majority of the people in the land, they would
lead you astray from the path of Allah. They follow nothing but conjecture; they
do nothing but indulge in their own surmises". The criterion to judge between
right and wrong is not based on majority or minority, but on the Book of Allah.
The representatives of the Ummah have got to conduct the State affairs, within
the limits laid down in it. The truth cannot remain subject to the whims and
wishes of the people. (23:71)
"If the truth had been in accord with their desire, truly the heavens and the
earth and all beings therein would have been in confusion". Thus the people
ought to obey the Truth, and Truth is the other name for the Holy Quran.
5. STANDARD FOR THE ASSIGNMENT OF RANKS.
The ranks shall be assigned in the society according to the personal virtues and
the character and conduct of individuals: (46:19)
"And to all ought to be (assigned) degrees according to their deeds." And
the state administration shall be entrusted to those who are fit for it. (4:58)
"Allah commands you to render back your trusts to those who are capable of
achieving the object;" and the person with the best of conduct and character
shall be the head of the state (49:13).
It has been ordained by Allah "Most honoured of you in the sight of Allah is
(he who is) the most observant of the Divine Laws amongst you," and is the best
in their performance. As the state affairs shall be conducted by consultation,
he shall remain in office as long as he enjoys the corroboration of the Ummah.
6. THE STATE ADMINISTRATION.
In order to conduct the affairs of the state, there shall be an administrative
centre and under this centre there shall be legally authorised officers. Because
a system like this was first organised by the Rasoole, thus the term 'Allah and
Rasool' has been used for it in the Quran, which means Divine organisation put
in to practice by the Rasoole. Thus the obedience to 'Allah and the Rasool'
meant the obedience to the Centre of this Divine System. Under command of this
Centre were the officers Ulil Amr authorised to take decision according to the
Law. An appeal against the cases decided by these authorised officers was
permissible, but the decisions made by the Centre used to be final. It is said
in Surah An-Nisa; (4:59)
"O you who believe! Obey the system established by the Rasool in accordance
with the Laws of Allah; and obey the local authorities appointed by this Order.
In cases of disputes with the local authorities an appeal can be made to the
Central Authority. This will constitute evidence that you really believe in
Allah and His Law of Requital (life Hereafter). This is the best and the most
suitable practice _ to obtain, ultimately, a balanced society". The same system
continued after the death of the Rasool and the successive caliphs became the
Central Authority and the obedience to a caliph became synonymous with obedience
to 'Allah and the Rasool'. As and when that system is re-established, the
obedience to its Central Authority shall constitute obedience to 'Allah and His
Rasool'. The entire responsibility of the state affairs shall lie in the Centre,
which shall be subservient to the Quran and answerable to the Ummah.
7. THE DECISIVE WORD.
According to the Quran, obedience belongs to the Divine Laws and an Islamic
Government is an agency to put these laws into action. Thus any decision by the
government which goes against the Quran, its obedience shall not remain
It Is the command of Allah Himself: "Do not obey any such person whose heart
has become neglectful to Our laws, one who follows his own desires and whose
case has gone beyond all bounds". Such could not have happened during the time
of the Rasoole, but there is a possibility of such an occasion arising after
him. Thus it ought to be so arranged that if any one in the society thinks that
such and such a decision made by the government goes against the Quran, he may
be able to get a decision from another authority. Such an authority could only
be the Judiciary. Thus the decision made by the Supreme Court ought to be
considered as final in such cases and none shall be allowed to disobey the
decision. If such an occasion does arise, the decision by the Judiciary shall
have to be accepted as the decision by "Allah and His Rasool" (Centre of the
System) about which the Divine Command is: (33:36)
"It behoves not a believer, man or woman, that when a matter has been decided
by Allah and His Rasool (the final authority of the Divine System) to exercise a
choice in the matter. Anyone who disobeys Allah and His Rasool, has forsaken the
straight path and is clearly on the wrong path."
Often it is said that in such a situation the Sovereign Authority shall rest
with the Judiciary instead of the government or the constituent assembly. But as
has been explained earlier, the final authority actually rests with the Book of
Allah and none else. In disputed matters the judiciary shall only explain what
is the decision of the Quran.
8. PARTY SYSTEM.
According to the Quran the entire Ummah, as compared to the non-Muslims, is one
party. Within the Ummah itself the presence of parties, may it be religious
parties or political parties, is 'shirk' (assigning partners unto Allah). The
Divine Command is: (30:31-32)
"O believers, remember! Be not of those who follow laws other than His and
thus set up peers with Allah i.e. be not of those who create cleavage in their
social order and divide themselves into various sects, where each sect becomes
obsessed with its own view of it and the 'Deen' disappears.:
At another place it is said: (6:160)
"Those who create differences in 'Deen' (the way of life prescribed by Allah)
and divide themselves into sects (O Messenger of Allahe) you have nothing to do
with them. Leave their affair for the Law of Allah to decide, which would tell
them how they acted."
In Surah Aal-e-Imraan it is said: (3:104)
"Be not like those who are divided amongst themselves and fall into
disputations after receiving clear signs from Allah. For them is a dreadful
From these and several other similar verses of the Quran, this reality becomes
apparent that when the Ummah gets divided into parties and sects, neither the
Deen (way of life prescribed by Allah) survives, nor an Islamic State can come
into existence under such circumstances. Deen is another name for the Islamic
State which has one code of guidance (Book of Allah), one Ummah as its upholder,
and one central authority of the state. In this state, the entire Ummah, in the
form of a compact body, revolves around the pivot of the Quran. Look how clearly
the Quran explains this reality when it says: (3:102)
"And hold fast, all together, the rope which Allah stretches out for you and
be not divided among yourselves; and remember with gratitude Allah's favour on
you; you were enemies and He joined your hearts in love, so that by His grace
you became brethren and you were on the brink of the pit of fire, and His Divine
System saved you from it. Thus Allah makes His messages clear to you that you
may be guided."
The greatest crime of Pharaoh, as Allah says in the Quran, was that he had
divided his people into parties. (28:4)
"He broke up his people into sections".
9. RELIGIOUS HIERARCHY.
In an Islamic society the concept of religious hierarchy is unthinkable. In it
the decisions regarding state affairs are called the 'Sharia' laws and their
enforcement shall be the function of the government officials. That is what is
named as to enjoin what is lawful and forbid what is 'unlawful' (as laid down in
the Book of Allah). These injunctions shall comprise the entire aspects of human
life. The differentiation between religion and politics and between Deen and
worldly affairs is an entirely un-Islamic concept; the consideration of public
laws and personal laws as separate from one another is a creation of secular
regimes. The Quranic Laws and Values shall encompass aspects of human life _
whether personal or public. These laws and values shall be taught in the
government educational institutions; and the literature based on them shall be
publicised amongst the people. Thus in an Islamic State there shall be no
separate existence of religious institutions, nor a separate group of 'religious
Ulama'. In Islam there is NO dichotomy of 'Deeni' and 'secular' affairs. Every
single aspect of life is governed by Deen.
10. THE INGREDIENTS OF AN ISLAMIC STATE.
The Book of Allah, the scales of justice and the power of enforcement are the
ingredients, or the three basics, of an Islamic state. If any one of these
basics is missing, it no more remains an Islamic State. The basic object of Deen,
is described in Surah Al-Hadeed as follows: (57:25)
"In order to obtain this objective, Allah arranged His Messengers to be sent
to different people with clear signs (proofs); and every Rasool also brought
with him a code of laws. They established 'social orders' on the basis of this
code so that the deeds of each person could produce the exact results and thus
induce people to remain steadfast on justice and equity. In order to provide
stability to that social order, Almighty Allah, along with the code of laws,
also sent sword (iron) in which there is great strength. And because this
strength is utilised for the maintenance of a system of justice, as well as for
the protection of the oppressed, it becomes useful for mankind instead of being
harmful. This also brings to light as to who are those faithful people who
assist and aid this Divine System which was established by the Messengers of
Allah. Before the successful results had appeared before them in a visible form,
they made all sorts of sacrifices on the basis of this strong belief that a
social order embodying supremacy and strength will most definitely be achieved
by their tireless efforts."
In Surah Al-Noor the aims and objects of an Islamic state (Caliphate) have been
introduced as: (24:55)
"Allah has promised to those among you who profess Eemaan (conviction) and
put in productive efforts that He will, of a surety, grant them inheritance (of
power) in the land, this is Our Immutable Law according to which We had
established the earlier nations as well (28:6); that He will establish in
authority their Deen _ the one which He has chosen for them, so that their rule
shall turn this earth into paradise (39:74); and that He will change their
(state) of fear in which they (lived) to one of security and peace, so as to
enable them to obey only His Laws with satisfaction and that they are not forced
to associate any other laws with His Laws and thus ascribe partners unto Him.
(But listen attentively that such a system shall last only as long as these
people remain steadfast in obedience to Our Laws). Those who, after such a rule
is established, practically keep themselves away from it and put into practice
their self-made laws instead of the Divine Laws, shall leave the highway that
was leading them to the correct destination and they shall be led astray to
other paths and thus shall be deprived of the benefits of a paradisiacal social
order. Such benefits were the result of firm belief and deeds consistent with
the Divine Laws. When belief and the deed consistent with the Divine Laws remain
no more, the benefits shall automatically disappear."
The duty of an Islamic State does not end with the enforcement of laws, but also
it brings about a psychological change in the individuals of the state, so as to
create in them an intense desire to lead a life consistent with the Divine Laws.
This objective can be achieved by the right type of the system of education as
well as by the exemplary character of the leaders in the state. As long as such
a change is not brought about amongst the individuals, there shall be no change
in the society. The Holy Quran says: (13:11)
"Verily never will Allah change the condition of a people, until they bring
about a change within their themselves."
This is an eternal verity stated by the Quran.
11. THE POSITION OF NON MUSLIMS IN AN ISLAMIC STATE.
Since all human beings are equally worthy of respect, the human rights, ipso
facto, shall be equally available to all non-Muslims in an Islamic State. They
shall have complete religious freedom. (2:256)
"There is no compulsion in the matters of Deen (the way of life based on the
Quran)", shall be the basis of the constitution of the lslamic state. Its
universal manifesto shall be: (18:29)
"Pronounce that the truth from the 'Rabb' of you all, has come; then
whosoever wills, let him believe (accept) it; and whosoever will not, let him
reject it". However, since the very purpose of the existence of this state is
the establishment of the Divine System and the enforcement of the Quranic
status, it is apparent that those who do not believe in its ideology i.e. the
non-Muslims, cannot be admitted to participate in the affairs of the state. Thus
the Quran has explicitly advised not to take non-Muslims as your confidants (do
not confide in them).
(3:117) "The division of humans shall be based on faith (Eemaan), instead of
creed, dialect (language) and nationality. Those who believe in the permanent
values given by the Revelation and make the establishment of the Divine System
the goal of their life, are the members of one group; on the other hand those
who reject its value system, form another group. As the communality of ideas and
objectives is the basic condition for unity and concord, it is apparent that a
true relationship can never come into being with those who oppose this ideology.
Thus it is said in Surah (3:117) above "O you who believe! Take not into
intimacy as your confidants those outside your ranks. They will not fail to
leave anything untried to bring about your downfall. They desire it from the
depths of their hearts that you should fall victim to such ineffable afflictions
that break your strength. A reflection of their malice and hatred has already
appeared from their utterances but what their hearts conceal is far worse. We
have explained to you these things in a manifest manner, so that applying your
intellect and judgement, you should guard yourselves (against their intrigues),
if you have wisdom." (3:118)
"Lo! Do not take them as your friends; even if you do it, they will never
befriend you, although you believe in all the Books (yours and theirs). (Such a
stance of yours is exhibited with the sincerity of your hearts, but their plight
is such that:) When they meet you they say, 'We believe (in your ideology)' but
when they leave you, they bite the very tips of their fingers in their rage
against you. Say: "Perish in your rage: Allah knows well (What you do openly
and) what is hidden in your hearts".
The psychological strife withen yourself and your double dealing shall become
the very source of your destruction.:
To explain it further it is said: (3:119)
"(The malice in their hearts is such that) If good befalls you, it grieves
them and if an evil afflicts you, they rejoice at it and if you are patient and
keep your duty, their struggle will not injure you in any way. Surely Allah
encompasses what they do."
What really matters is the ideology (Deen). Even the relatives are not exempt.
Thus it is said: (9:23)
"O you who believe! Comprehend this truth that according to Divine Code the
differentiation between friends and foes shall not be based on heredity and
family relationship but instead on the common concept of life. Thus even if your
fathers and your brothers like infidelity better than belief, you do not take
them as your friends. Look! If after this warning anybody befriends them, he
shall do wrong only to himself. This shall be tantamount to rebellion against
the Divine Laws."
This matter is of such a great importance that it is said: (9:24)
"Say: If your fathers and your sons and your brethren and your wives and your
kinsfolk and the wealth you have acquired, and trade whose dullness you fear,
and dwellings you love, are dearer to you than Allah and His Messenger and
striving in His Way, then wait till Allah brings His Command to pass. And Allah
guides not the transgressing people."
Allah has presented the lifestyle, character and deeds of two exalted persons _
Muhammade and Ibraheemu as the best models. What were those characteristics of
Ibraheem'su disposition which made him worthy of being made the model The Quran
"In order to understand the ranking of the family relationships against the
'Deen' of Allah, you find the best example (that will remove the perplexities of
your hearts and provide them solace) in the conduct of Ibraheem and his
associates, when they announced to their people with whom they shared
blood-relations: we are clear of you and those whom you serve leaving aside
Allah: We reject your erroneous creed and consider it void, and there shall
exist between us and you detestation and hostility for ever, unless you also
believe in Allah and Him alone. (In that case you shall be our brothers in Deen)
There are several verses in the Quran in which it is said that you cannot
confide in non-Muslims. Thus it is clear that not only that they cannot take
part in state affairs, they cannot even be appointed in key posts. But, however,
this does not mean that they shall be deprived of Human Rights; not at all, they
shall get all the justice. The Quran goes so far in this matter that you cannot
find an example of it in any other system. Thus it is said: (5:8)
"Let not the enmity of others towards you make you depart from justice.
Always act justly, that shall bring you closer to that standard of life where
Allah intends to take you. Thus always stay on the highway to justice."
Not only justice, but extension of the best treatment to non-Muslims has been
ordained. It has been explicitly explained in Surah (60) 'Mumtahanah': whereas
Allah forbids you to have relations of affinity with the enemies of Deen. He
does not forbid you to deal with them justly (60:8-9). It goes even so far as to
say that an Islamic State shall protect the places of worship of the
non-Muslims. Thus it is said: (22:40)
"Had Allah not enabled people to defend themselves against one another, then
surely monasteries, churches, synagogues and mosques in (all of) which the name
of Allah is remembered abundantly would have been destroyed."
In addition to providing protection to these places, it is also ordained:
"You revile not those whom they call upon besides Allah, lest they out of
spite revile Allah in their ignorance". This is likely to create disorder and
chaos, therefore you do not treat their revered persons with insults. Such shall
be the position of non-Muslims in an Islamic State.
Being the citizens of an Islamic State, Islamic laws shall be applied to them.
In their personal affairs, they shall be allowed to take their own decisions,
subject to the laws of the Islamic State.
12. INTERNATIONAL RELATIONS.
The Holy Quran aims at removing all differences of mankind and created a
universal brotherhood. Thus it is said: (2:213)
"Mankind was one unified community" and (10:19)
"Then they differed". In these verses it has been explained that to begin
with mankind was a single brotherhood; afterwards they created differences
amongst themselves. (2:213)
"So Allah sent Messengers with glad tidings and warnings and with them He
sent the "Codes of Law", to judge between people in matters wherein they
differed so as to turn them again into one community."
In a particular territory the establishment of an Islamic State serves as a
laboratory to achieve the above objective. In this connection this state shall
co-operate with other nations of the world in matters beneficial for humanity,
but shall not co-operate in matters which bring devastation to humanity: (5:2)
"Co-operate with one another in matters which broaden scopes of betterment
and well-being to humanity and produce consistency with the Divine Laws, and do
not co-operate in matters that become obstructive in the progress of the society
or a means of transgressing the Divine Limits."
In this connection a universal law has been proclaimed: (13:17)
"That which is for the good of mankind at large endures on the earth." This
very principle shall be the basis of the foreign policy of this state. To
eradicate sedition from the face of the earth and to maintain peace in it shall
be one of the aims of this state: (2:60)
"And do not cause the disintegration of your society through spreading
disorder". This is a peremptory injunction which promotes respect for humanity
and becomes justificatory for its existence; because its basic principle is
"We have created all human beings worthy of respect". Because this State is
meant to achieve these high ideals, it is thus mandatory that it should have the
capability of safeguarding its sovereignty. Thus the security of its boundaries
is of utmost importance. And it has been emphatically ordained: (8:60)
"Keep your boundaries well-guarded by reinforced cantonments, equipped with
all the steeds of war, to strike terror into (the hearts of) the enemies of
Allah and your enemies, and others besides them whom you may not know, but whom
Allah does know". It may even sometimes be necessary to wage war against them to
preserve your borders. (since 'War in Islam" is a separate subject, its details
are not discussed at this juncture).
(A) In the maintenance of peace and the protection of human rights,
treaties shall be set up with other nations. The respect for the adherence to
treaties is essential (5:1)
"The fulfilling of obligations". has been emphasised.
(B) If a breach of trust is feared from any nation, the treaty should be
"If you fear breach of trust from any group, throw back (their covenant) to
them (so as to be) on equal footing, for Allah loveth not the treacherous."
If you fear being betrayed on the part of any nation, do not break the covenant
without first informing them; inform them first so that both the parties come to
the same level. If the premature cancellation of the covenant causes them a
loss, it ought to be compensated, so as to come to equality of terms, for the
Divine Law disapproves the breach of commitment. If you do not agree to the
renewal of treaty, that should also be communicated to the other party
beforehand, so that those likely to be affected adversely can make the necessary
alternative arrangements. The same procedure was adopted in dealing with the
opponents after the conquest of Makkah; its details are given in the first four
verses of Surah Taubah (9:1-4) But if the other party breaks the covenant
without reason, war is allowed against them. [see details in (9:12-13)].
(C) If the enemy joins hands with a group which enjoys a treaty (of
peace) with you, the war against them shall be discontinued. The same applies to
those who remain neutral. (4:90).
(D) Against those with whom you have a treaty of mutual alliance, even
the Muslims will not be extended help (8:72).
Detailed injunctions in these matters also relate to wars; therefore only the
pointers have been described at this juncture.
In an Islamic State, the spreading of sedition, (creating dispersion, diminution
of peace and to bring about lawlessness) or mutiny against it, are the most
serious crimes for which the punishment is very severe. Thus it is said: (5:33)
"The result of their tumultuous attitude is that when a system of justice
has been established in the country in which there is peace all round, instead
of living a peaceful life, they continue their subversive activities. This is
tantamount to rebellion against the system based on justice and statute. In such
a case the punishment of those who rebel against the central authority of the
state and strive to create disorder within its boundaries, is their execution or
crucification, or the cutting of hands and feet from opposite sides, or
banishment from this land (or deprivation from general privileges) i.e. any of
those relevant to their crime. This punishment shall be their disgrace in this
life and a heavy punishment is theirs in the Hereafter as well. That is because
one result of this crime is related to the society which it is necessary to
check and the other has its effect on the person of the offender (4:111) which
results in the disintegration of his personality which shall be the cause of his
destruction in the life Hereafter."
But if these people repent before being taken in (retract from their rebellious
course), they shall not be punished. The verse following the one above,
"Except for those who retract from their activities before their being
subdued by you: keep in mind that in that case the Divine Law may spare them
from the punishment and they may not be deprived of the common privileges."
The Holy Quran has described at other places, those who wage a war against the
Islamic System. [See (9:63); (58:5-20)].
(a) Leaving aside actual rebellion against this System by such people,
even to have relations of affinity with them is a crime: (58:22)
"As it is a fact that truth and falsehood are opposite to each other, so how
can it then be possible that people who believe in Allah and in the life
Hereafter, befriend those who resist the Divine System even though they were
their fathers or their sons, or their brothers or their kindred. [(3:117);
(b) To betray the trust of an Islamic Government is also a crime: (8:27)
"Oh you who believe! It is essential for you neither to betray the Divine
System (Allah and His Rasool), nor misappropriate knowingly in discharging the
duties assigned to you. You know what shall be its result."
To advocate the cause of those who betray the trust is also a crime: (4:107);
"So be not amongst those who advocate for the perfidious".
It is also a crime to conspire and to hold secret meetings in order to discuss
unlawful affairs: (58:9)
"O you who
believe! When you hold secret counsel, do it not for iniquity, hostility and
disobedience to the Divine System. Always hold counsels for righteousness and
It is incumbent on an Islamic State to make them a part of their constitution in
an appropriate form.