ISLAMIC CONSTITUTIONAL LAW

• Unity and Muhasabah (accountability) are two important

elements which are considered to be of paramount
importance in the administration of an Islamic polity.
• The Ummah cannot live in peace and harmony without a
state of unity. On the other hand, the state is bound to fail in
its administration if there is no proper sense of
accountability on its part.
• ‘Tawhid’ in general means monotheism – belief in oneness of God ie Allah.
• Tawhid is derived from the Arabic verb ‘Wahhada’ which means to unite, unity or
consolidate. Literally it means ‘unification’, ‘asserting oneness’.
• The cornerstone in Islam is the unity of God. Allah’s unity teaches us the
message that we should not divide humans into sections and sects. Quran says
that the division of people in the races and clans is only for their introduction or
to know each other. The best one out of them is the man of piety.
• Authority – Surah Al-Hujurat 49:13: “O mankind! We created you from a single
(pair) of a male and a female, and made you into nations and tribes, that ye may
know each other (not that ye may despise (each other). Verily the most
honoured of you in the sight of Allah is (he who is) the most righteous of you.
And Allah has full knowledge and is well acquainted (with all things).”
• The unity of all humans is the ultimate aim of the teaching of Islam
• Islam as a religion and a political order has clearly addressed the
importance of unity and muhasabah in the Qur’an and Sunnah.
• The significance of unity entails the duty towards fellow men which
springs from his belief in Unity of God (Tawhid).
• Authorities:
i. Surah Ali-Imran 3:103: “And hold fast, all together, by the rope of Allah,
and be not divided among yourselves; and remember with gratitude
Allah’s favour on you, for you were enemies and He united your hearts,
so that by His grace you become brothers”.
ii. Surah Al-Zalzalah 99:6-9: “On that Day will men proceed in groups,
sorted out, to be shown their Deeds. Then shall anyone who has done
an atom’s weight of good, see it! And anyone who has done an atom’s
weight of evil, shall see it”.
• The Prophet is also reported to have addressed the importance of unity
and muhasabah in the Ummah
• Authorities:
i. Hadith: “Unity is mercy, while disunity is punishment.”
ii. Hadith: “It behoves any sane person to have four periods of time and
one of the four periods is, a period in which he engages in self-
criticism.”
• All in all, unity and muhasabah need not be treated lightly while
addressing the position of the Ummah in an Islamic polity. It was through
unity that Islam succeeded in transforming the polytheistic, multi-tribal
society of Arabia into a united mono-tribal society. Again, this newly
established Islamic State made it clear that it was accountable to Allah
and as well as to the citizens of the newly established state be it Muslims
or non-Muslims
1. The unity of people makes an invincible strong nation. This is the reason
Islam lays great stress on the importance of unity. Allah has made unity
an obligation for all Muslims, irrespective of their opinions.
• Surah Ali-Imran 3:105 : “Be not like those who are divided amongst
themselves and fall into disputations after receiving clear signs: for
them is a dreadful penalty.”
2. Unity teaches peace, equality and paternity. The absence of unity brings
and breeds disruption, devastation and disputes. Islam is a religion that
tolerates other religions and orders its followers to respect and protect
all humans. Islam ordains protection of non-Muslims simply to show the
respect for the principles of religion and humanity. Hence, the unity of
all humans is the ultimate aim of the teachings of Islam.
• It is important to establish unity of leadership in an Islamic polity. This is
due to the fact that God addresses human beings as His representative or
vicegerents on earth providing them with all the necessary skills,
principles and tools to lead their lives and also to lead others towards
realising their fullest potential.
• Thus, the basis of the unity is the recognition and acceptance of God’s
sovereignty
• Unity of leadership is a strength in governance of an Islamic state and as
well as spreading the religion. Without unity of leadership, the Ummah is
bound to be divided and the end result would be chaos in form of
disruption, devastation and disputes.
• Authorities:
i. Hadith: “Each of you is a shepherd, and all of you are responsible for
your flocks.”
ii. Hadith: “When three persons go on a journey, let them put one of their
member in command.”
• As a leader of an Islamic polity, it becomes vital that the state must
affirms the Unity of Allah (God) and His indivisible sovereignty over the
universe. For example, Allah is the Creator, the Master, the Sustainer of
all that exists. Everything operates according to His plan including the
unity of leadership.
• Hence, the Ummah as a whole is expected to be fully behind their leader
and pay allegiance to him provided the way he leads the state does not
contradict with the teachings of the Shari‛ah.
• The term ulul-amri is used in the Quran to show the leader who holds the
authority over Muslim community.
• According to al-Maududi, ulu al-amri is a term of wide connotation. It
includes all those leaders of the Muslim society who control and administer
its affairs, may they be leaders of thought or literature, religious divines,
political leaders, administrators, judges, commanders or chief of social,
cultural, tribal, municipal or local organisations.
• Thus whoever be in charge of any facet of the affairs of Muslims, deserves to
be obeyed and followed in his own sphere. Hence, it is a right of the Head of
an Islamic State or polity to command total obedience from the masses or
the Ummah as a whole.
• However, Muslims are bound to obey Allah and His Messenger individually
and as community, and this obedience must be given priority to every other
obedience.
• Surah An-Nisa 4:59: “O you who believe! Obey Allah, and obey His
Messenger and those from among yourselves who hold authority…”
• Hadith: “A Muslim must listen to and obey the ruler whether he approves of
what is ordered or abhors it, provided he is not ordered to commit sin”
• Hadith: “Even if an ugly and deformed slave is elected as your ruler and he
conducts your affairs in accordance with the teachings of the Book and the
Sunnah, you must listen to and obey him.”
• Hadith: “Your worst rulers are those you hate and who hate you and those
whom you curse and who curse you.” Asked the Companions: “O, the
Prophet of God! If such is the situation, then should we not rise in revolt
against them?” Replied the Holy Prophet: “No! Not as long as they establish
prayer among you.”
• Hadith: “Even if a defaced slave is made your Amir, listen to him and obey
him as long as he leads you in accordance with the Book of God.”
• Hadith: “Obedience is obligatory on every Muslim, whether he likes the
command or not, unless he is ordered to commit sin- in which case the
obligation lapses automatically.”
1. The Head of State or the government does not deserve
allegiance if it is running the affairs of the state in violation
of Qur’an and Sunnah.
2. The Head of State would not be obeyed if he deviates from
justice, the goal of the ummah. According to al-Mawardi, if
the Head of State or Khalifah has followed the Qur’an and
Sunnah, the people must follow and support him. On the
other hand, if he becomes unjust, then the people has all
the right to disobey and remove him
• Surah Al-Kahfi 18:28 : “And obey not a person whose heart We have permitted
to become unmindful of Our remembrance, one who is following the dictates
of his own desires and his case is that in which due limits are transgressed.”
• Surah As-Shu’ara 26:151-152: “Obey not those who overstep the limits (We
have set) and create trouble on the earth, and have no tendency to reform
themselves.”
• Hadith: “There is no disobedience for those who disobey Allah.”
• Hadith: “There is no obedience to the Creature if it involves disobedience to
the Creator.”
• Hadith: “Whoever followed me followed Allah and whoever disobeyed me
disobeyed Allah.”
• Hadith: “There will come leaders after me who disobey the Qur’an and Allah.
Those who help them are not of the Muslims, but if someone opposes them,
he or she is of the Prophet’s people.”
• Muhasabah literally means reckoning, settling the accounts and self-
interrogation
• Muhasabah (self-criticism) is that a believer always reviews whatever he
says and does every day or even every hour, good or bad, right or wrong.
He also thanks God for the good he has done and tries to erase his sins
and deviations by asking God to forgive him and amends his errors and
sins by repentance and remorse.
• Muhasabah is the very important and serious attempt of a believer to
assert himself in his loyalty to God.
• In the context of leadership, Muhasabah connotes the accountability of a
leader to Allah because as a Head of an Islamic polity he is a trustee of
Allah and thus accountable as to how he uses the power given to him. His
accountability is both to Allah and the Ummah.
• Surah Al-Hajj 22:41: “(They are) those who, if We establish them in
the land, establish regular prayer and give regular charity, enjoin
the right and forbid wrong: with Allah rests the end (and decision)
of (all) affairs.”
• Hadith: “By Him in whose hands is my soul, you must enjoin the
Ma’aruf (virtue) and forbid the Munkar (evil), otherwise Allah will
be about to send His punishment upon you. And then if you pray
to Him (to ask Him), he would not answer you.”
• Muhasabah can be individual and collective in nature.
• The concept of individual responsibility is very simple. It means that each
and every individual- man or woman, king or slave, rich or poor, black or
white- is personally responsible for all his or her actions and accountable
for them to his or her Sovereign on the Day of Judgment.
• Authority – Surah Abasa 80:34-37: “That Day shall a man flee from his
own brother, and from his mother and his father, and from his wife and
children. Each of them , that Day, will have enough concern (of his own)
to make him indifferent to the others.”
• Surah Al-Isra 17:7: “If you did well, you did well for yourselves; if you did
evil (you did it) against yourselves.”
• On the other hand, collective responsibility would imply that these
duties (as Khalifah) of Allah on earth are entrusted to the whole of
humanity collectively and not to any single person or group of
persons belonging to any particular group, family or class of any
particular geographical area.
• In simple words, the burden of the responsibility of vicegerency
falls on all and all are responsible for its successful operation and
function
1. Muhasabah to God
2. Muhasabah to the Ummah
3. Individual and collective
4. Muhasabah in all circumstances
5. Muhasabah as a form of check and balance
• In an Islamic polity, power/authority emanates not from the
consent of the governed, not as a ‘prerogative’ of the ruler, but
from Allah. It is a trust of Allah in the hands of human being for
the enforcing and upholding the Divine Law of Nature in human
government.
• As a leader or the one in charge of an Islamic polity, he must view
his position as that of a trustee. He would have to answer on the
Day of Judgment to God as to how he used the power i.e.
whether it was for the benefit of entire human race or for his own
interests.
• Being a leader of an Islamic polity, the sense of accountability is
not only limited to God. As a leader, the accountability or
muhasabah extend to the Ummah as well. This is a right of all
citizens of the State whether Muslim or non-Muslims.
• Authority – Umar spoke to the Muslims of Madina: “O people,
remain conscious of God, forgive me my faults and help me in my
task. Assist me in enforcing what is good and forbidding what is
evil. Advise me regarding the obligations that have been imposed
upon me by God”
• As a vicegerent or khilafah of Allah on earth every individual is
personally responsible for his or her actions and accountable for
them to his or her Sovereign on the Day of Judgment.
• On the other hand, collectively the burden of the responsibility of
vicegerency falls on all and all are responsible for its successful
operation and function.
• It should therefore be conducted, fulfilled and carried out with the
joint participation, mutual consultation and close cooperation of
all the people concerned.
• Hadith: “Each of you is a shepherd, and all of you are responsible
for your flocks.”
• Muhasabah must be practiced even if the end result is
unfavourable. Islam described the importance of accounting the
tyrant ruler even if it lead to death.
• Authority – Hadith: “The master of martyrs is Hamza bin Abdul-
Muttalib and a man who stood to an oppressor ruler where he
ordered him and forbade him so he (the ruler) killed him.”
• Hence, the ordinary Muslims within the polity will fear none but
Allah. This will give them the strength to confront the leader and
strongly account him when necessary.
• Self criticism will help the leader of an Islamic polity to ask himself
whether he is doing the right thing or not.
• Authority :
i. Caliph Umar is reported to have said: “Criticise and appraise
yourselves before you are criticised and appraised on the Day of
Judgment, and weigh out your deeds, before they are weighed
out for you.”
ii. Umar used to whip his foot at night and say to himself: “Tell me,
what have you done today?”
• Unity and Muhasabah are considered as strength in every
organised society. Unity and Muhasabah of the people makes an
invincible strong nation. The Ummah cannot live in peace and
harmony without a state of unity followed by Muhasabah.
• Being a leader of an Islamic polity, these two important concepts
should not be treated lightly if we were to talk of equality, justice
and fairness in an Islamic State. For example, the unity of all
humans is the ultimate aim of the teachings of Islam. One must
also note that the absence of unity brings and breeds disruption,
devastation and disputes.
• However, for the Ummah to enjoy this unity, there must always be
sense of accountability to Allah and the Ummah as well.