By S A Mawdudi
Islam also gives the right to freedom of conscience and conviction to its citizens in an Islamic State. The Holy Quran has laid down the injunction: “There should be no coercion in the matter of faith” (2:256). Though there is no truth and virtue greater than the religion of Truth — Islam, and Muslims are enjoined to invite people to embrace Islam and advance arguments in favour of it, they are not asked to enforce this faith on them. No force will be applied in order to compel them to accept Islam. Whoever accepts it he does so by his own choice. Muslims will welcome such a convert to Islam with open arms and admit him to their community with equal rights and privileges. But if somebody does not accept Islam, Muslims will have to recognize and respect his decision, and no moral, social or political pressure will be put on him to change his mind.
Along with the freedom of conviction and freedom of conscience, Islam has given the right to the individual that his religious sentiments will be given due respect and nothing will be said or done which may encroach upon this right. It has been ordained by God in the Holy Quran: “Do not abuse those they appeal to instead of God” (6:108).
These instructions are not only limited to idols and deities, but they also apply to the leaders or national heroes of the people. If a group of people holds a conviction which according to you is wrong, and holds certain persons in high esteem which according to you is not deserved by them, then it will not be justified in Islam that you use abusive language for them and thus injure their feelings. Islam does not prohibit people from holding debate and discussion on religious matters, but it wants that these discussions should be conducted in decency. “Do not argue with the people of the Book unless it is in the politest manner” (29:46).
This order is not merely limited to the people of the Scriptures, but applies with equal force to those following other faiths.
Islam also recognises the right of the individual that he will not be arrested or imprisoned for the offences of others. The Holy Quran has laid down this principle clearly: “No bearer of burdens shall be made to bear the burden of another” (6:164).
Islam believes in personal responsibility. We ourselves are responsible for our acts, and the consequence of our actions cannot be transferred to someone else. In other words this means that every man is responsible for his actions. If another man has not shared this action then he cannot be held responsible for it, nor can he be arrested. It is a matter of great regret and shame that we are seeing this just and equitable principle which has not been framed by any human being, but by the Creator and Nourisher of the entire universe, being flouted and violated before our eyes. So much so that a man is guilty of a crime or he is a suspect, but his wife being arrested for his crime. Things have gone so far that innocent people are being punished for the crimes of others.
Right to Basic Necessities
Islam has recognised the right of the needy people that help and assistance will be provided for them. Quran says: “And in their wealth there is acknowledged right for the needy and the destitute” (51:19). In this verse, the Quran has not only conferred a right on every man who asks for assistance in the wealth of the Muslims, but has also laid down that if a Muslim comes to know that a certain man is without the basic necessities of life, then irrespective of the fact whether he asks for assistance or not, it is his duty to reach him and give all the help that he can extend. For this purpose Islam has not depended only on the help and charity that is given voluntarily, but has made compulsory charity, zakat as the third pillar of Islam, next only to profession of faith and worship of God through holding regular prayers.
The Prophet has clearly instructed in this respect that: “It will be taken from their rich and given to those in the community in need” (Bukhari and Muslim).
The Islamic State should support those who have nobody to support them. The Prophet has said: “The Head of state is the guardian of him, who has nobody to support him” (Abu Dawud, Tirmidhi).
The word wali which has been used by the Prophet is a very comprehensive word and has a wide range of meanings. If there is an orphan or an aged man, if there is a crippled or unemployed person, if one is invalid or poor and has no one else to support him or help him, then it is the duty and the responsibility of the state to support and assist him. If a dead man has no guardian or heir, then it is the duty of the state to arrange for his proper burial. In short the state has been entrusted with the duty and responsibility of looking after all those who need help and assistance. A truly Islamic State is therefore a truly welfare state which will be the guardian and protector of all those in need. Islam gives its citizens the right to absolute and complete equality in the eyes of the law. As far as the Muslims are concerned, there are clear instructions in the Holy Quran and Hadith that in their rights and obligations they are all equal: “The believers are brothers (to each other)” (49:10). “If they (disbelievers) repent and keep up prayer and pay the poor due, they are your brothers in faith” (9:11).
The Prophet has said: “The life and blood of Muslims are equally precious” (Abu Dawud; Ibn Majjah). In another hadith he has said: “The protection given by all Muslims is equal. Even an ordinary man of them can grant protection to any man” (Bukhari; Muslim; Abu Dawud). In another more detailed Tradition of the Prophet, it has been said that “those who accept the Oneness of God, believe in the Prophet- hood of His Messenger, give up primitive prejudices and join the Muslim community and brotherhood, “then they have the same rights and obligations as other Muslims have” (Bukhari; Nisa’i).
This brotherhood and the uniformity of their rights and obligations is the foundation of equality in Islamic society, in which the rights and obligations of any person are neither greater nor lesser in any way than the rights and obligations of other people. As far as the non-Muslim citizens of the Islamic State are concerned, the rule of Islamic Shariah (law) about them has been very well expressed by the Caliph Ali in these words: “They have accepted our protection only because their lives may be like our lives and their properties like our properties” (Abu Dawud).
In other words, their lives and properties are as sacred as the lives and properties of the Muslims. Discrimination of people into different classes was one of the greatest crimes that, according to the Quran, Pharaoh used to indulge in: “He had divided his people into different classes,” ... “And he suppressed one group of them (at the cost of others)” (28:4).
Rulers Not Above the Law
Islam clearly insists and demands that all officials of the Islamic State, whether he be the head or an ordinary employee, are equal in the eyes of the law. None of them is above the law or can claim immunity. Even an ordinary citizen in Islam has the right to put forward a claim or file a legal complaint against the highest executive of the country. The Caliph ‘Umar said: “I have myself seen the Prophet (peace be upon him) taking revenge against himself (penalising himself for some shortcoming or failing).”
On the occasion of the Battle of Badr, when the Prophet was straightening the rows of the Muslim army he hit the belly of a soldier in an attempt to push him back in line. The soldier complained “O Prophet, you have hurt me with your stick.” The Prophet immediately bared his belly and said: “I am very sorry, you can revenge by doing the same to me.” The soldier came forward and kissed the abdomen of the Prophet and said that this was all that he wanted.
A woman belonging to a high and noble family was arrested in connection with a theft. The case was brought to the Prophet, and it was recommended that she may be spared the punishment of theft. The Prophet replied: “The nations that lived before you were destroyed by God because they punished the common men for their offences and let their dignitaries go unpunished for their crimes; I swear by God who holds my life in His hand that even if Fatimah — the daughter of Prophet Muhammad (PBUH) — has committed this crime then I would have amputated her hand.”
During the caliphate of Umar (may Allah be pleased with him), Muhammad, the son of Amr ibn Al ’As, the Governor of Egypt, whipped an Egyptian. The man went to Madinah and lodged his complaint with the Righteous Caliph Umar, who immediately summoned the Governor and his son. When they appeared before him, the Caliph handed a whip to the Egyptian complainant and asked him to whip the son of the Governor in his presence. After taking his revenge when the Egyptian was about to hand over the whip to ‘Umar, he said to the Egyptian: “Give one stroke of the whip to the Governor as well. His son would certainly have not beaten you were it not for the false pride that he had in his father’s high office.” The plaintiff submitted: “The person who had beaten me, I have already avenged myself on him.”
‘Umar said: “By God, if you had beaten him (the Governor) I would not have checked you from doing so. You have spared him of your own free will.” Then he (Umar) angrily turned to ‘Amr ibn Al ’As and said: “O ‘Amr, when did you start to enslave the people, though they were born free of their mothers?” When the Islamic State was flourishing in its pristine glory and splendour, the common people could equally lodge complaints against the caliph of the time in the court and the caliph had to appear before the qadi to answer the charges. And if the caliph had any complaint against any citizen, he could not use his administrative powers and authority to set the matter right, but had to refer the case to the court of law for proper adjudication. (Concluded)
