Human Rights in Islam - Part Two

What is the Islamic Political System?

Any system comprises two parts: (the principles) and the forms or procedures. Islam sets the necessary comprehensive principles for social organizations (associations, private organizations) and political organizations (public organizations). However, it did not make any specific form binding on them and left that to Muslims of different ages and areas to choose what suits their reality and circumstances.

The efficient, detailed forms and procedures are usually a result of the interaction between the principles and reality. The degree of interaction varies according to the different aspects of life, and in the political arena, it is greater than in the others.

In other words, Islam does not encourage or discourage the hereditary system or the system that depends primarily on election if the government submits to the Will of Allah represented by the Holy Quran and the Prophetic traditions. Islam encourages organizations, to assign a leader for any group even of two members, which is demonstrated in its rituals; and encourages unity. “Hold fast all together by the rope of Allah and be not divided among yourselves.” (Holy Quran 3:103)

Islam also encourages positive cooperation between people in general. “Help each other in righteousness and pity. But do not help one another in sin and rancor.” (Holy Quran 5:2)

It also encourages people to cooperate in the fields of mutual interests. The best example of this is the treaty signed by the Muslims the Jews and the polytheists in Medina at the time of Prophet Muhammad (PBUH). Concerning the content or the principles, there are many similarities but there are major differences between the Islamic system and the other systems.

Firstly, the Christian religious hierarchy, in the Middle Ages, was a human system, which was well organized in a system of high sacredness. The highest religious authority used to monopolize the power of legislation and the power to interpret the Bible. In other words, the border was not clear between the authority of the Bible and the authority of the religious body. The church is a place of worship and authority, while the mosque is only a place of worship and sometimes a learning center.

In the Islamic system, the distinction between the authority of the Holy Quran and the Prophetic traditions, on the one hand, and the authority of the Islamic scholars on the other hand is crystal clear. This fact is true even though the role of religious scholars is evident in interpreting the two sacred sources of Islamic teachings. In this system, the scholars are completely independent persons; they do not belong to any tightly organized official body.

Therefore, any qualified person can make his interpretations based on his knowledge of the Arabic language and the other tools of interpretation that may differ slightly from one school of thought to another. Furthermore, Islam leaves plenty of room for non-religious scholars to play their role in working out the procedural laws.

Secondly, a complete secular system puts the whole authority of legislation in the hands of the majority, which could be a true one or a manufactured one. Religion is reduced to some beliefs and worship rituals. In the Islamic system, beliefs, rituals, and the law are but one harmonious unit guided, directly or indirectly, by the Divine Will, represented by the Holy Quran and the Prophetic traditions. The religious scholars only participate, at least, by supervision in running the system, along with the other experts specialized in other fields required to operate the system efficiently.

In addition to that, criticism or legal protest is not only permitted but it is a duty that cannot be relinquished by the whole community, while in democracy, freedom of speech is only a right that can be abandoned. Consultation (opinion participation) is a right for any qualified person, one way or another, not limited by gender, age, or race.

In the democratic system, usually those of influence are the ones who initiate decisions, formulate them, and write them. The influence is supposed to be generated from qualification. This is so because the nature of the system makes it more susceptible to being controlled by behind-the-screen forces, such as the power of money or the power acquired by illegal means.

The role of the majority is usually confined to voting on a ready-made version regardless of their experience and qualifications and whether the voters represent most of the voting population or not. However, Islam praises many principles sponsored by the democratic systems, such as the freedom of expressing opinions, ideas, and feelings, if they do not violate Islamic moral values or transgress others’ rights.

For without a good or sufficient diagnosis of the reality we fail to deal with the reality efficiently. Islam also appreciates the means that have been developed by the democratic system that enhance and encourage a wide range of consultation, before making decisions or setting rules such as legal elections and open forums of public affairs.

The secular system depends primarily on the principle of struggle and bargaining between the forces that have something to bargain with and have the experience to bargain. The winner is the most powerful and the most experienced in bargaining.

Under the banner of this system, self-interests will win even at the expense of the people’s interests with the majority’s consent, because of the absence of independent supervision except the humans, whose opinions could be manufactured or easily misled by resorting to some legal or illegal means.

In the Islamic system, the political system is a secondary means to secure happiness in this world and the Hereafter. Supervision is not limited to human supervision for the real watcher is God Almighty who cannot be deceived. Accountability, in the Islamic system, is also not confined to this world or before people only.

In this world, a criminal could be proven not guilty and escape the punishment, but God knows the fact and the criminal will not escape His punishment. Not only that, but human supervision is supported by the Divine Law, and it is not limited to the human skill of persuasion and bargaining.

What about Citizenship and Religious Multiplicity?

Islam has experienced multiplicity in its first political unit in Medina. It was a confederation that was composed of different races (tribes of the Medinite supporters, tribes of the Meccan immigrants, and the Jews) and adherents of different religions (Islam, Judaism, and polytheism).

Islam certainly takes care of the rights of individuals and groups, whether they are a majority or a minority, and it balances them in a way that secures each what it observes. Islam takes care of all people, whether they belong to the majority or the minority, but each group according to its respective importance. In decision-making, it grants the majority a special weight in public affairs, where multiplicity is not possible, and standardization is indispensable. This is so because the majority’s rights outweigh the minority’s rights.

The term ‘dhimmi’ which was used by the Muslim states is only a part of the term ‘minority’ today. The term ‘dhimmi’ is based on the difference of religion only while the term minority is based on race, language religion, and so on.

However, in individual affairs, such as belief and worship, and in civil rights, Islam grants the minority its appropriate rights within the boundaries of the constitutional principles.

It is noteworthy that among the duties of the non-Muslim citizens is paying what was called ‘jizyah’ for the benefit of the community that he belonged to and enjoyed its services. As for the Muslim citizen, he must pay zakat from his wealth to the needy and the community.

Today’s taxes of different sorts include both what was called ‘jizyah’ and the ‘zakat’ or part of it. The jizyah is imposed only on those who are fighters, but children, women, and the insane are exempted according to all Islamic jurists. Many Muslim scholars exempted the poor, old men, the blind, those who are chronically ill, clergymen, and farmers who do not usually fight.

Although Islam acknowledges the special rights of the majority, it emphasizes the rights of the minority. Prophet Muhammad (PBUH) said: “Whoever causes injustice to a non-Muslim citizen or resident or disdains him or overburdens him or takes from him things without his consent, I shall be the defendant of the mistreated.” (Sunan Abu Dawood)

It is because of this principle, which was implemented by the Muslim rulers in general that Christianity and Judaism not only survived but also flourished in the Middle East throughout the Muslim reins.

India is another example where Muslims governed for about seven centuries but never compelled anyone to embrace Islam. No wonder most of the Indians retained their Hindu religion. It is also true that the Muslim armies have never reached the Far East such as Indonesia and Malaysia but the majority of these nations became Muslims.

Conclusion

Islam provides comprehensive principles for social and political organization but leaves specific forms flexible for adaptation to different times and places. It emphasizes unity, cooperation, and leadership, drawing inspiration from the Quran and Prophet Muhammad's teachings. Unlike the Christian hierarchy, Islam distinctly separates religious authority from political power, granting religious scholars independent interpretation while allowing non-religious experts to contribute. 

While rejecting the secular system's reliance on majority rule and power struggles, Islam incorporates democratic principles like consultation and freedom of speech within Islamic values. It prioritizes justice, accountability, and the rights of both majority and minority groups, as exemplified by the diverse society of Medina. Although the concept of 'dhimmi' differed from modern 'minority,' Islam protected the rights of non-Muslims, as evidenced by the flourishing of Christianity and Judaism under Muslim rule in various regions.