ISLAMIC POLITICAL SYSTEM:

There is no separation between religion and politics in Islam.The
political system of Islam is based on three principles: TAWHID (unity of God),
RISALAT (prophethood), and KHILAFAT (vicegerency). TAWHID means that only God
is the Creator, Sustainer, and Master of the universe and all that exists in it,
organic and inorganic. The sovereignty of this kingdom is vested in Him. He
also has the right to command or forbid, and His commandments are the law.

The medium through which we receive the law of God is known as RISALAT.
We have received two things from this source: The Quran, and the authoritative
interpretation and exemplification of the Quran by the Prophet in his capacity
as the representative of God. The Prophet [Muhammad peace and blessings of Allah
be upon him] has also, in accordance with the intention of Quran, given a model
for the Islamic way of life by himself implementing the law and providing
necessary details where required. The combination of these two elements is
called the SHARI'AH.

KHILAFAT means "representation". Man [i.e. human beings], according to
Islam, is the representative of God on earth, His vicegerent. That is to say,
by virtue of the powers delegated to him by God, he is required to exercise
his God-given authority in this world within the limits prescribed by God.

Every person in an Islamic political order enjoys the rights and powers
of the caliphate of God, and in this respect all individuals are equal. No one
can deprive anyone of his rights and powers. The agency for running the affairs
of the state will be established in accordance with the will of individuals,
and the authority of the state will only be an extension of the powers of the
individuals delegated to it. Their opinion will be decisive in the formation of
the government, which will be run with their advice and in accordance with their
wishes. Whoever gains their confidence will carry out the duties of the caliph-
ate on their behalf, and when he loses that confidence he will have to relinqu-
ish his office. In this respect, the political system in Islam is as perfect a
democracy as ever can be.

Western democracy is based on the concept of popular sovereignty, an
Islamic political order rests on the principle of POPULAR KHILAFAT. In western
democracy the people are sovereign, but in Islam sovereignty is vested in God
and the people are his caliphs or representatives. In the former the people
make their own laws; in the latter they have to follow and obey the laws
(Shari'ah) given by God through His Prophet. In one the government undertakes
to fulfill the will of the people; in the other the government and the people
alike have to do the will of God. Western democracy is a kind of absolute
authority which exercises its powers in a free and uncontrolled manner, whereas
Islamic democracy is subservient to the Divine Law and exercises its authority
in accordance WITH THE INJUNCTIONS OF GOD AND WITHIN THE LIMITS PRESCRIBED BY
HIM [for the benefit and welfare of the entire society].
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1.LEGISLATIVE SYSTEM:

The responsibility for the administration of the Government in an Islamic state is entrusted to an Amir (leader) who may be likened to the President or the Prime Minister in a Western democratic state. All adult men and women who accept the fundamentals of the constitution are entitled to vote in the election for the leader.

The basic qualifications for the election of an Amir are that he should command the confidence of the largest number of people in respect of his knowledge and grasp of the spirit of Islam; he should possess the Islamic attribute of fear of Allah; he should be endowed with the quality of statesmanship. In short, he should be both able and virtuous.

A Shura (consultative council), elected by the people, will assist and guide the Amir. It is obligatory for the Amir to administer the country with the advice of his Shura. The Amir can retain office only so long as he enjoys the confidence of the people, and must resign when he loses this confidence. Every citizen has the right to criticise the Amir and his Government, and all responsible means for the expression of public opinion should be available.

Legislation in an Islamic state should be within the limits prescribed by the Shari‘ah. The injunctions of Allah and His Prophet are to be accepted and obeyed and no legislative body can alter or modify them or make any new laws which are contrary to their spirit. The duty of ascertaining the real intent of those commandments which are open to more than one interpretation should devolve on people possessing a specialised knowledge of the law of Shari‘ah. Hence, such matters may have to be referred to a sub-committee of the Shã r~ comprising men learned in Islamic law. Great scope would still be available for legislation on questions not covered by any specific injunctions of the Shari‘ah, and the advisory council or legislature is free to legislate in regard to these matters.

In Islam the judiciary is not placed under the control of the executive. It derives its authority directly from the Shari‘ah and is answerable to Allah. The judges will obviously be appointed by the Government but, once appointed, will have to administer justice impartially according to the law of Allah. All the organs and functionaries of the Government should come within their jurisdiction: even the highest executive authority of the Government will be liable to be called upon to appear in a court of law as a plaintiff or defendant. Rulers and ruled are subject to the same law and there can be no discrimination on the basis of position, power or privilege. Islam stands for equality and scrupulously adheres to this principle in the social, economic and political realms alike. 

2. JUDICIAL SYSTEM:

Man is a social being by nature. He cannot live perpetually on his own, completely independent of others. People are interdependent. Consequently, friction arise between them when their personal interests come into conflict with each other, or when what they perceive as their individual rights infringe upon those of others. Conflicts between them inevitably break out. In some cases, one party to the conflict might be strong and aggressive while the other is weak and condescending, incapable of defending his rights.

Because of this, it becomes necessary for there to be a way to prevent people from oppressing one another, to ensure that the weaker members of society receive justice, and to determine right from wrong when issues get complicated or uncertain. This can only be realized through a judge that has the power to give legal verdicts in cases of dispute.

For this reason, we find that the existence of a judge is considered by Islamic law and the laws of all the other revealed religions to be both a religious obligation and a necessity of human life. Allah says:

We have sent Messengers with clear proofs, and sent down with them the Scripture and the Balance that mankind can establish justice. 

Islam - the religion that Allah wants for mankind from the time that He sent Muhammad (may he peace and blessings of Allah be upon him) until the Day of Judgment - shows great concern for the judicial system and those appointed to carry out its responsibilities. Islam prescribes for it many legal injunctions. How else could it be, when Islam is the religion of mercy, equality, and justice? It is the religion that comes to free people from worshipping Creation and bring them to the worship of Allah. It is the religion that comes to remove people from oppression and iniquity and bring them to the highest degree of justice and freedom.

Defining the Judicial System and its Legal basis

The judicial system in Islam is a system for deciding between people in litigation with the aim of settling their disputes in accordance with the injunctions of the Divine Law, injunctions that are taken from the Qur’ân and Sunnah.

All of the Messengers of Allah (may the peace and blessings of Allah be upon them) acted as judges. Allah says:

And remember David and Solomon, when they gave judgment concerning the field when people’s sheep had browsed therein at night, and We were witness to their judgment. And We made Solomon to understand the case. And to each of them We gave good judgment and knowledge. 

Allah also says:

O David, verily we have placed you as a vicegerent on Earth, so judge between people in truth, and do not follow your desires for it will mislead you from the path of Allah. Verily, those who stray from the path of Allah have a severe punishment because they forgot the day of reck**ing. 

Prophet Muhammad (peace be upon him), who came with the final and eternal Message, was ordered by Allah to pass judgment in disputes just as he was ordered to spread the word of Allah and call people to Islam. This is mentioned in the Qur’ân in a number of places. Allah says, for instance:

- So judge (O Muhammad) between them by what Allah has revealed and do not follow their vain desires, but beware of them lest they turn you away from some of what Allah has sent down to you.

- And if you judge (O Muhammad), judge between them with justice. Verily, Allah loves those who act justly.

-But no, by your Lord, they shall have no faith until they make you (O Muhammad) judge in all their disputes and find in themselves no resistance against your decisions and accept them with full submission. 

The Sunnah also provides for the legal basis of the Islamic judicial system. It is related by `Amr b. al-`As (may Allah be pleased with him) that the Prophet (peace be upon him) said: “If a judge gives a judgment using his best judgment and is correct, then he receives a double reward (from Allah). If he uses his best judgment but makes a mistake, then he receives a single reward.”

Allah’s Messenger (peace be upon him) said: “You should not wish to be like other people, except in two cases: a man who Allah has given wealth and he spends it on Truth and another who Allah has granted wisdom and he gives verdicts on its basis and teaches others.”

Many scholars have related to us that there is consensus among Muslims on the legal status of the judicial system in Islam. Ibn Qudâmah says: “The Muslims are unanimously agreed that a judicial system must be established for the people.”

A judicial system is a necessity for the prosperity and development of nations. It is needed to secure human happiness, protect the rights of the oppressed, and restrain the oppressor. It is the way to resolve disputes and ensure human rights. It facilitates enjoining what is right, forbidding what is wrong, and curbing immoral behavior. In this way, a just social order can be enjoyed by all sectors of society, and every individual can feel secure in his life, property, honor, and liberty. In this environment, nations can progress, civilization can be achieved, and people are free to pursue what will better them both spiritually and materially.

Oppression is an unfortunate human characteristic. If people were completely just, judges would never work and would have no purpose.

IS IT A CONDITION FOR THE IMAM TO BE FROM QURAYSH?

BY MUFTI MUHAMMAD TAQI USMANI

Translated by Zameelur Rahman

‘Abdullah ibn Maslamah ibn Qa’nab and Qutaybah ibn Sa’d narrated to us, they said: al-Mughirah (al-Khizami) narrated to us.

Zuhayr ibn Harb and ‘Amr al-Naqid narrated to us, they said: Sufyan ibn ‘Uyaynah narrated to us.

Both of them [al-Khizami and ibn 'Uyaynah narrated] from ibn al-Zinad: from al-A’raj: from Abu Hurayrah, he said: Allah’s Messenger (Allah bless him and grant him peace) said; and in the narration of Zuhayr: the Prophet (Allah bless him and grant him peace) conveyed; and ‘Amr said: narrating:

“People are subservient to Quraysh in this matter: the Muslims among them [being subservient] to the Muslims among them, and the disbelievers among them [being subservient] to the disbelievers among them.” (Sahih Muslim)

His statement “from Abu Hurayrah”: this hadith was transmitted by al-Bukhari in the beginning [chapters] of Kitab al-Manaqib (no. 3495) and it was also transmitted by Ahmad in his Musnad (2:243, 261, 395, 433).

His statement “People are subservient to Quraysh in this matter”: the ‘ulama adduced this as proof that Qurayshi [lineage] is a condition for the Imam, to the extent that some of them claimed ijma’ (consensus) on this. Hence, al-Nawawi (Allah have mercy on him) said, “These hadiths and those similar to them are clear proof that the caliphate is specific to Quraysh and its contraction is not permissible for any beside them, and on this ijma’convened in the time of the Companions and also after them. So whoever disagrees in this [matter] amongst the heretics (ahl al-bid’ah), or alludes to a disagreement from other than them, he is confuted by the ijma’ of the Companions and the Successors, and those after them by the authentic hadiths.”

The weak servant (Allah pardon him) says:

Relating ijma’ on this matter calls for a re-evaluation, since the opposite of this was narrated from a number of Muslim scholars. The ‘ulama of Usul al-Fiqh (Legal Theory) andKalam (Dialectical Theology) regard this condition to be from the conditions that are disputed. Here are some of the disagreements that have been transmitted in this regard:

(1) Hafiz [Ibn Hajar al-'Asqalani] said in al-Fath (13:119), “In order to convey ijma’, it is necessary to interpret what has been transmitted from ‘Umar (Allah be pleased with him) on this, as Ahmad transmitted from ‘Umar with a chain whose narrators are trustworthy that he said, ‘If my appointed time [of death] reached me and Abu ‘Ubaydah were living, I would appoint him as caliph.’” He then narrated the hadith which includes [the statement], “‘And if my appointed time reaches me and Abu ‘Ubaydah is dead I would appoint Mu’adh ibn Jabal as caliph’ to the end of the hadith. Mu’adh ibn Jabal (Allah be pleased with him) is an Ansari with no [familial] connection to Quraysh.” This is a very strong proof that ‘Umar (Allah be pleased with him) did not believe Qurayshi [lineage] is a condition for the caliphate. As for what al-Hafiz followed this up with, by his statement, “And it is possible one may argue: probably the ijma’ on the conditionality of the caliph being Qurayshi occurred after ‘Umar or ‘Umar’s judgement changed,” it is as you see.

(2) All of the ‘ulama have related the statement of Dirar ibn ‘Amr al-Ghatafani[1], “There is no distinction at all between one being Qurayshi or an Ethiopian slave, and neither of them have any advantage and merit over the other,” as [mentioned] in Sharh al-Ashbah wa ‘l-Naza’ir by al-Hamawi (2:267). What was said about this by one of the ‘ulama that “the Muslims did not consider this opinion after the establishment of the hadith ‘the Imams are from Quraysh’ and its practice by the Muslims century after century and by consideration of this, ijma’ convened before a dispute occurred,” Hafiz [ibn Hajar] refuted this by his statement, “I say: practice of the view of Dirar [occurred] before those who undertook the caliphate from Kharijites against the Umayyads, like al-Qatri, existed … Likewise, non-Kharijites were called Amir al-Mu’minin from those who stood against al-Hajjaj, like ibn al-Ash’ath, then the caliphate was used [as a title] for all who stood in a region from the regions in whatever time, so the caliphate was designated [for an individual] while [he was] not from Quraysh, like Banu ‘Abbad and others in Andalusia, and like ‘Abd al-Mu’min and his descendents in all of the West [African] lands. They resembled the Kharijites in this, although they did not profess their opinions, nor adopt their views, rather they were from the Ahl al-Sunnah and called to it.” See Fath al-Bari, Kitab al-Ahkam (13:118, 119)

(3) The most enlightened teacher of our teachers [Anwar Shah al-Kashmiri] (Allah have mercy on him) said, “Yes, in Mawahib al-Rahman [it is mentioned] that it [i.e. Qurayshi lineage] is not a condition according to our Imam (i.e. Abu Hanifa (Allah have mercy on him)). Moreover, I do not know whether this is a narration from him or not?” See Fayd al-Bari (4:498). If this is authentic, it would appear the non-conditionality [of Qurayshi lineage] is a narration from Abu Hanifah.

(4) Ibn Khaldun transmitted in the Muqaddimah (p. 169, chapter 26) that one of those who said being Qurayshi is not a condition is Qadi Abu Bakr al-Baqillani (Allah Most High have mercy on him), but I saw in his book Tamhid al-Awa’il (p. 471-3) that he supports the view of the conditionality of being Qurayshi.

(5) Imam al-Haramayn al-Juwayni (Allah have mercy on him) said in his book Al-Irshad, “[One] of the conditions of imamate according to our [Shafi'i] scholars is that the imam[must] be Qurayshi, since Allah’s Messenger (Allah bless him and grant him peace) said, ‘The imams are from Quraysh’ and he said ‘Put Quraysh ahead and do not go ahead of it’. This is something that some people had disagreements about, and there is [legitimate] scope in it for this [other] interpretation.” See Kitab al-Irshad fi Usul al-I’tiqad by al-Juwayni (p. 427)

Imam al-Haramayn’s (Allah have mercy on him) reservation on this issue also becomes clear from his statement in his book Ghiyath al-Umam fi al-Tiyath al-Zulam (p. 82, published in Qatar) where he says, “The reason for this [i.e. the conditionality of Qurayshi lineage] is that knowledge is claimed by every extremist zealot, and when the splendour of kingship combines with little knowledge, no one can attribute to the king absence of knowledge; but lineage is something that one cannot have claim to, so those who are not related [to Quraysh] will not claim imamate. Thus, this is the reason for affirming the conditionality of lineage. We do not rationalise the need to establish a lineage for the imamate, but Allah specified this high position and lofty rank to the members of the Prophetic household. That is from the grace of Allah, He gives it to whomever He wills.”

(6) Some contemporaries have transmitted from Shaykh al-Islam Ibn Taymiyyah (Allah Most High have mercy on him) that he professed [the view] of the non-conditionality of Qurayshi [lineage] for the caliph. See the footnotes of Dr. ‘Abd al-Azim al-Dib on Ghiyath al-Umam by al-Juwayni p. 82. However, I did not find this in its most likely locations inFatawa Ibn Taymiyyah. And Allah knows best.

(7) ‘Allamah ‘Abd al-Qahir al-Baghdadi said in his book Usul al-Din (p. 275), “Al-Ka’bi believed that the Qurayshi is more deserving of it than the one who is suited to it from the non-Qurayshi, but if they fear a civil war, its contraction is permissible for a non-[Qurayshi].” Thus, it appears Qurayshi [lineage] is not a necessary condition according to al-Ka’bi and is only a condition of preference (awlawiyyah). However ‘Allamah al-Baghdadi did not identify this al-Ka’bi and he is probably Abu l-Qasim al-Ka’bi from the leaders of the Mu’tazilah to whom the sect al-Ka’biyyah is affiliated, so if he is the one meant [here] his statement does not violate consensus because of his corrupt beliefs [which is so severe] that some of the ‘ulama anathematised him [kaffarahu], as [mentioned] in al-Ansab by al-Sam’ani (11:123).

(8) ‘Allamah Ibn Khaldun spoke in his Muqaddimah about this condition in a lengthy discussion and he opined that the conditionality of Qurayshi [lineage] for the caliph is a ruling justified by a rationale and this [rationale] is superior group feeling (al-’asabiyya al-ghaliba). He said in the 26th chapter of his Muqaddimah (p. 170): “Once it is established that Qurayshi [lineage] as a condition [of the imamate] was intended to remove dissension with the help of [Qurayshi] group feeling and superiority, and [if] we know that the Lawgiver does not make special laws for any one generation, period, or nation, we [also] know that [Qurayshi lineage] is due only to competence. Thus, we have linked it up with [the condition of competence] and have established the underlying cause ['illa] included in the purpose behind Qurayshi [lineage], which is the existence of group feeling. Therefore, we consider it a condition for the person in charge of the affairs of the Muslims that he belong to people who possess a strong group feeling, superior to that of their contemporaries, so that they can force the others to follow them and the whole thing can be united for effective protection.”[2]

(9) Al-Ubbi said, “Al Amidi said: as for the conditions that are disputed, they are six: First, Qurayshi [lineage] and in regards to this is what was set forth beforehand. Al-Amidi said: and the like of this is for the imam. If it were not for ijma’, there would be scope for reconsideration and rethinking this condition, because the hadiths are solitary reports (akhbar ahad) and do not supply certitude, while they do accept reinterpretation.”

As for the hadith of the chapter, and the hadith, “The imams are from Quraysh”, it is understood by those who do not make Qurayshi [lineage] a condition as a declarative statement (khabar) and not a condition for contracting the caliphate, just as in his (Allah bless him and grant him peace) statement, “This matter will remain in Quraysh, so long as two of them remain” (the compiler [Imam Muslim] transmitted it, as is to come, and al-Bukhari in [Kitab] al-Ahkam [on the authority] of Ibn ‘Umar (Allah be pleased with him)); [also] as is to come in the hadith of Jabir ibn Samurah, “The religion will continue upright until the Hour has been established, or you have [been ruled] over by twelve Caliphs, all of them from Quraysh”; [also] as in the hadith of Abu Musa (Allah be pleased with him), “Verily this matter [of rule] shall [remain] in Quraysh so long as when they are asked for mercy, they show mercy, when they rule, they are just, and when they distribute, they are equitable, so whoever from them does not do this, then upon him is the curse of Allah, the angels and all of humankind, and compulsory acts and voluntary acts will not be accepted from him” (Ahmad, al-Bazzar and al-Tabrani narrated and the narrators of Ahmad are trustworthy as [mentioned] in Majma’ al-Zawa’id (5:193)); and as in the hadith of Abu Mas’ud al-Ansari, he said Allah’s Messenger (Allah bless him and grant him peace) said to Quraysh, “Verily this matter [of rule] shall [remain] among you and you shall remain in charge of it, until you innovate actions [that deprives you of Allah's support], and when you do this, Allah shall impose upon you the worst of His creation which will tear you apart just as a stick is torn apart.”  (Ahmad and al-Tabrani narrated it and the narrators of Ahmad are the narrators of Sahih except al-Qasim ibn Muhammad ibn ‘Abd al-Rahman ibn al-Harith who is trustworthy as [mentioned] in Majma’ al-Zawa’id); and also it was narrated in the hadith of Anas (Allah be pleased with him) in marfu’ form, “The imams are from Quraysh so long as they do three [things]: when they are asked for mercy, they show mercy; when they make a treaty, they keep [it]; and when they rule, they are just” (Al-Bazzar transmitted it in his Musnad as [mentioned] in Kashf al-Astar by al-Haythami (2:228)).

They adduce as proof His statement (Most High), “O mankind! Lo! We have created you male and female, and have made you nations and tribes that ye may know one another” (Qur’an 49:13), since it is clear in negating superiority on the basis of lineage; and his (Allah bless him and grant him peace) statement, “There is no superiority of an Arab over a non-Arab.” They also adduce as proof what is to come from the compiler in Bab Ta’at al-Umara from Umm al-Husayn (Allah be pleased with her) in marfu’ form: “If a maimed slave is appointed a commander over you ([the narrator said:] I think she said “a black slave”) who leads you according to the Book of Allah, then listen to him and obey,” because this proves the permissibility of an Ethiopian slave being a commander (amir). However, this proof is weak because, firstly, it is possible that the meaning of it is the commander of an army, not the caliph, as was interpreted as such by al-Nawawi and others; and, secondly, it is possible that the servant mentioned therein is related to Quraysh, because the freed-slaves of a people are from them, as interpreted as such by others; and, thirdly, it is possible that the meaning of it is a man who contracted the caliphate by his domination, not by the selection of the Ahl al-Hall wa ‘l-’Aqd (lit. those who untie and tie i.e. the leading scholars of the law), and the discussion [here] is about the criteria for selection, not domination.

Moreover, all of this is when one who is qualified for caliphate from Quraysh is present. As for when one who combines the qualities required is not found, then there is no dispute in the permissibility of contracting the caliphate for a non-Qurayshi, and I would think it is the same when the people have forsaken their lineages and it is not certain [whether] a man is from Quraysh or not. Furthermore, these conditions are only considered when the caliphate is contracted by the Ahl al-Hall wa ‘l-’Aqd. However, when a Muslim man becomes dominant and becomes imam by his dominance, then he assumes the rules of imamate even if these conditions are absent in him, and his regulations are executed and his appointments are sound, and following his judgement is permissible, as was clarified by the fuqaha (jurists). See for example Sharh al-Ashbah wa l-Nazair by al-Hamawi (2:267)

(Takmilah Fath al-Mulhim, vol. 3, pp. 231-234)

_____________________________

1. He was a follower of the Mu’tazilite Wasil ibn ‘Ata’ and then separated from him, forming his own group called “Dirarah”. He died in the year 200 H/815 AD. For more on them, seeAl-Milal wa l-Nihal by al-Shahrastani (1:120-1) [↩]
2. This translation was extracted with slight modifications from Franz Rosenthal’s translation of Ibn Khaldun’s Muqaddimah [↩]

POLITICAL SYSTEM OF ISLAM

Political aspects of Islam are derived from the Qur'an, the Sunna (the sayings and living habits of Muhammad), Muslim history, and elements of political movements outside Islam.

Traditional political concepts in Islam include leadership by elected or selected successors to the Prophet known as Caliphs, (Imamate for Shia); the importance of following Islamic law or Sharia; the duty of rulers to seek Shura or consultation from their subjects; and the importance of rebuking unjust rulers.^[1]

A significant change in the Islamic world was the abolition of the Ottoman caliphate in 1924.^[2] In the 19th and 20th century, common Islmic political theme has been resistance to Western imperialism and enforcement of Sharia through democratic or militant struggle. The defeat of Arab armies in the Six Day War, the end of Cold War and collapse of the Soviet Union with the end of communism as a viable alternative has increased the appeal of Islamic movements such as Islamism, Islamic fundamentalism and Islamic democracy, especially in the context of popular dissatisfaction with secularist ruling regimes in the Muslim world.

Introduction

Origins of Islam as a political movement are to be found in the life and times of Islam's prophet Muhammad and his successors. In 622 CE, in recognition of his claims to prophethood, Muhammad was invited to rule the city of Medina. At the time the local Arab tribes of Aus and Khazraj dominated the city, and were in constant conflict. Medinans saw in Muhammad an impartial outsider who could resolve the conflict. Muhammad and his followers thus moved to Medina, where Muhammad drafted theMedina Charter. This document made Muhammad the ruler, and recognized him as the Prophet of Allah. The laws Muhammad established during his rule, based on the revelations of the Quran and doing of Muhammad, are considered by Muslims to beSharia or Islamic law, which Islamic movements seek to establish in the present day. Muhammad gained a widespread following and an army, and his rule expanded first to the city of Mecca and then spread through the Arabian peninsula through a combination of diplomacy and military conquest.

Today many Islamist or Islamic democratic parties exist in almost every democracywith a Muslim majority. Many militant Islamic groups are also working in different parts of world. The controversial term Islamic fundamentalism has also been coined by some non-Muslims to describe the political and religious philosophies of some militant Islamic groups. Both of these terms (Islamic democracy and Islamic fundamentalism) lump together a large variety of groups with varying histories, ideologies and contexts.

Islamic State of Medina

The Constitution of Medina was drafted by the Islamic prophet Muhammad. It constituted a formal agreement between Muhammad and all of the significant tribes and families of Yathrib (later known as Medina), including Muslims, Jews, Christians^[3] andPagans.^[4][5] This constitution formed the basis of the first Islamic state. The document was drawn up with the explicit concern of bringing to an end the bitter inter tribal fighting between the clans of the Aws (Aus) and Khazraj within Medina. To this effect it instituted a number of rights and responsibilities for the Muslim, Jewish, Christian and Pagan communities of Medina bringing them within the fold of one community—the Ummah.^[6]

The precise dating of the Constitution of Medina remains debated but generally scholars agree it was written shortly after the Hijra(622).^[7] It effectively established the first Islamic state. The Constitution established: the security of the community, religious freedoms, the role of Medina as a haram or sacred place (barring all violence and weapons), the security of women, stable tribal relations within Medina, a tax system for supporting the community in time of conflict, parameters for exogenous political alliances, a system for granting protection of individuals, a judicial system for resolving disputes, and also regulated the paying of blood money(the payment between families or tribes for the slaying of an individual in lieu of lex talionis).

Early Caliphate and political ideals

After death of Muhammad, his community needed to appoint a new leader, giving rise to the title Caliph, meaning "successor". Thus the subsequent Islamic empires were known as Caliphates. Alongside the growth of the Umayyad empire, the major political development within Islam in this period was the sectarian split between Sunni and Shi'ite Muslims; this had its roots in a dispute over the succession of the Caliphate. Sunni Muslims believed the caliphate was elective, and any Muslim might serve as one. Shi'ites, on the other hand, believed the caliphate should be hereditary in the line of the Prophet, and thus all the caliphs, with the exception of Ali, were usurpers.^[8] However, the Sunni sect emerged as triumphant in most of the Muslim world, and thus most modern Islamic political movements (with the exception of Iran) are founded in Sunni thought.

Muhammad's closest companions, the four "rightly guided" Caliphs who succeeded him, continued to expand the state to encompass Jerusalem, Ctesiphon, and Damascus, and sending armies as far as the Sindh.^[9] The Islamic empire stretched from Al-Andalus (Muslim Spain) to Punjab under the reign of the Umayyad dynasty. The conquering Arab armies took the system of Sharialaws and courts to their new military camps and cities, and built mosques for Friday jam'at (community prayers) as well asMadrasahs to educate local Muslim youth. These institutions resulted in the development of a class of ulema (classical Islamic scholars) who could serve as qadis (Sharia-court judges), imams of mosques and madrasah teachers. These classical scholars - who lived and earned their livelihoods in the expansionist Islamic empire - gave legal and religious sanction to militarist interpretations of jihad. The political terminology of the Islamic state was all the product of this period. Thus, medieval legal terms such as khalifa, sharia, fiqh, maddhab, jizya, and dhimmi all remain part of modern Islamic vocabulary.

Since the scholarly and legal traditions of the ulema were well-established by the time of the Abbasids, the later Middle Eastern empires and kingdoms (including the Ayyubid, Seljuk, Fatimid, Mamluk and Mongol) had little impact on modern Islamist political ideals.

An important Islamic concept concerning the structure of ruling is shura, or consultation with people regarding their affairs, which is the duty of rulers mentioned in two verses in the Quran, 3:153, and 42:36.^[10]

One type of ruler not part of the Islamic ideal was the king, which was disparaged in Quran's mentions of the Pharaoh, "the prototype of the unjust and tyrannical ruler" (18:70, 79) and elsewhere. (28:34)^[11]

Election or appointment

The concepts of liberalism and democratic participation were already present in the medieval Islamic world.^[12][13][14] Rashidun Caliphate was an early example of a democratic state but the development of democracy in the Islamic world eventually came to a halt following to the Sunni–Shia split.^[15]

Al-Mawardi, a Muslim jurist of the Shafii school, has written that the caliph should be Qurayshi. Abu Bakr Al-Baqillani, an Ashari Islamic scholar and Maliki lawyer, wrote that the leader of the Muslims simply should be from the majority. Abu Hanifa an-Nu‘man, the founder of the Sunni Hanafi school of fiqh, also wrote that the leader must come from the majority.^[16] Western scholar of Islam,Fred Donner,^[17] argues that the standard Arabian practice during the early Caliphates was for the prominent men of a kinship group, or tribe, to gather after a leader's death and elect a leader from amongst themselves, although there was no specified procedure for this shura, or consultative assembly. Candidates were usually from the same lineage as the deceased leader but they were not necessarily his sons. Capable men who would lead well were preferred over an ineffectual direct heir, as there was no basis in the majority Sunni view that the head of state or governor should be chosen based on lineage alone.

Majlis ash-Shura

Deliberations of the Caliphates, most notably Rashidun Caliphate were not democratic in the modern sense rather, decision-making power lay with a council of notable and trusted companions of Mohammad and representatives of different tribes (most of them selected or elected within their tribes).^[18] (see also: Shura).

Traditional Sunni Islamic lawyers agree that shura, loosely translated as 'consultation of the people', is a function of the caliphate. The Majlis ash-Shura advise the caliph. The importance of this is premised by the following verses of the Quran:

“...those who answer the call of their Lord and establish the prayer, and who conduct their affairs by Shura. [are loved by God]”^[42:38]

“...consult them (the people) in their affairs. Then when you have taken a decision (from them), put your trust in Allah”^[3:159]

The majlis is also the means to elect a new caliph. Al-Mawardi has written that members of the majlis should satisfy three conditions: they must be just, they must have enough knowledge to distinguish a good caliph from a bad one, and must have sufficient wisdom and judgment to select the best caliph. Al-Mawardi also said in emergencies when there is no caliphate and no majlis, the people themselves should create a majlis, select a list of candidates for caliph, then the majlis should select from the list of candidates.^[16] Some modern interpretations of the role of the Majlis ash-Shura include those by Islamist author Sayyid Qutb and by Taqiuddin al-Nabhani, the founder of a transnational political movement devoted to the revival of the Caliphate. In an analysis of the shura chapter of the Quran, Qutb argued Islam requires only that the ruler consult with at least some of the ruled (usually the elite), within the general context of God-made laws that the ruler must execute. Taqiuddin al-Nabhani, writes that Shura is important and part of "the ruling structure" of the Islamic caliphate, "but not one of its pillars," and may be neglected without the Caliphate's rule becoming un-Islamic. However, These interpretations of Shura (by Qutb and al-Nabhani) are not universally accepted andIslamic democrats consider Shura to be an integral part and important pillar of Islamic political system.

Non-Muslims may serve as members of majlis (council) of Shura, but they can not become candidates for position of head ofIslamic state.

Separation of powers

Unlike Christianity, Islam does not separate religion from state, and many Muslims argue it is apolitical Islam not political Islam that requires explanation and that is an historical fluke of the "shortlived heyday of secular Arab nationalism between 1945 and 1970."^[19]

In the early Islamic Caliphate, the head of state, the Caliph, had a position based on the notion of a successor to Muhammad's political authority, who, according to Sunnis, were ideally elected by the people or their representatives,^[20] as was the case for the election of Abu Bakar, Uthman and Ali as Caliph. After the Rashidun Caliphs, later Caliphates during the Islamic Golden Age had a much lesser degree of democratic participation, but since "no one was superior to anyone else except on the basis of piety and virtue" in Islam, and following the example of Muhammad, later Islamic rulers often held public consultations with the people in their affairs.^[21]

The legislative power of the Caliph (or later, the Sultan) was always restricted by the scholarly class, the Ulema, a group regarded as the guardians of the law. Since the law came from the legal scholars, this prevented the Caliph from dictating legal results. Laws were decided based on the Ijma (consensus) of the Ummah (community), which was most often represented by the legal scholars.^[22] In order to qualify as a legal scholar, it was required that they obtain a doctorate known as the ijazat attadris wa 'l-ifttd("license to teach and issue legal opinions") from a Madrasah.^[23] In many ways, classical Islamic law functioned like aconstitutional law.^[22]

Practically, for hundreds of years after Rashidun Caliphate and until the twentieth century, Islamic states followed a system of government based on the coexistence of sultan and ulama following the rules of the sharia. This system resembled to some extent some Western governments in possessing an unwritten constitution (like the United Kingdom), and possessing separate, countervailing branches of government (like the United States) — which provided Separation of powers in governance. While the United States (and some other systems of government) has three branches of government — executive, legislative and judicial — Islamic monarchies had two — the sultan and ulama.^[24]

According to Olivier Roy this "defacto separation between political power" of sultans and emirs and religious power of the caliph was "created and institutionalized ... as early as the end of the first century of the hegira." The sovereign's religious function was to defend the Muslim community against its enemies, institute the sharia, ensure the public good (maslaha). The state was instrument to enable Muslims to live as good Muslims and Muslims were to obey the sultan if he did so. The legitimacy of the ruler was "symbolized by the right to coin money and to have the Friday prayer (Jumu'ah khutba) said in his name."^[25]

Accountability

Sunni Islamic lawyers have commented on when it is permissible to disobey, impeach or remove rulers in the Caliphate. This is usually when the rulers are not meeting public responsibilities obliged upon them under Islam. Al-Mawardi said that if the rulers meet their Islamic responsibilities to the public, the people must obey their laws, but if they become either unjust or severely ineffective then the Caliph or ruler must be impeached via the Majlis ash-Shura. Similarly Al-Baghdadi believed that if the rulers do not uphold justice, the ummah via the majlis should give warning to them, and if unheeded then the Caliph can be impeached. Al-Juwayni argued that Islam is the goal of the ummah, so any ruler that deviates from this goal must be impeached. Al-Ghazali believed that oppression by a caliph is enough for impeachment. Rather than just relying on impeachment, Ibn Hajar al-Asqalaniobliged rebellion upon the people if the caliph began to act with no regard for Islamic law. Ibn Hajar al-Asqalani said that to ignore such a situation is haraam, and those who cannot revolt inside the caliphate should launch a struggle from outside. Al-Asqalani used two ayahs from the Qur'an to justify this:

“...And they (the sinners on qiyama) will say, 'Our Lord! We obeyed our leaders and our chiefs, and they misled us from the right path. Our Lord! Give them (the leaders) double the punishment you give us and curse them with a very great curse'...”^[33:67–68]

Islamic lawyers commented that when the rulers refuse to step down via successful impeachment through the Majlis, becoming dictators through the support of a corrupt army, if the majority agree they have the option to launch a revolution against them. Many noted that this option is only exercised after factoring in the potential cost of life.^[16]

Rule of law

The following hadith establishes the principle of rule of law in relation to nepotism and accountability^[26]

Narrated ‘Aisha: The people of Quraish worried about the lady from Bani Makhzum who had committed theft. They asked, "Who will intercede for her with Allah's Apostle?" Some said, "No one dare to do so except Usama bin Zaid the beloved one to Allah's Apostle." When Usama spoke about that to Allah's Apostle Allah's Apostle said: "Do you try to intercede for somebody in a case connected with Allah’s Prescribed Punishments?" Then he got up and delivered a sermon saying, "What destroyed the nations preceding you, was that if a noble amongst them stole, they would forgive him, and if a poor person amongst them stole, they would inflict Allah's Legal punishment on him. By Allah, ifFatima, the daughter of Muhammad (my daughter) stole, I would cut off her hand."

Various Islamic lawyers do however place multiple conditions, and stipulations e.g. the poor cannot be penalised for stealing out of poverty, before executing such a law, making it very difficult to reach such a stage. It is well known during a time of drought in theRashidun caliphate period, capital punishments were suspended until the effects of the drought passed.

Islamic jurists later formulated the concept of the rule of law, the equal subjection of all classes to the ordinary law of the land, where no person is above the law and where officials and private citizens are under a duty to obey the same law. A Qadi (Islamic judge) was also not allowed to discriminate on the grounds of religion, race, colour, kinship or prejudice. There were also a number of cases where Caliphs had to appear before judges as they prepared to take their verdict.^[27]

According to Noah Feldman, a law professor at Harvard University, the legal scholars and jurists who once upheld the rule of lawwere replaced by a law governed by the state due to the codification of Sharia by the Ottoman Empire in the early 19th century:^[22]

How the scholars lost their exalted status as keepers of the law is a complex story, but it can be summed up in the adage that partial reforms are sometimes worse than none at all. In the early 19th century, the Ottoman empire responded to military setbacks with an internal reform movement. The most important reform was the attempt to codify Shariah. This Westernizing process, foreign to the Islamic legal tradition, sought to transform Shariah from a body of doctrines and principles to be discovered by the human efforts of the scholars into a set of rules that could be looked up in a book.

Once the law existed in codified form, however, the law itself was able to replace the scholars as the source of authority. Codification took from the scholars their all-important claim to have the final say over the content of the law and transferred that power to the state.

Shi'a tradition

In Shia Islam three attitudes towards rulers predominated — political cooperation with the ruler, political activism challenging the ruler, and aloofness from politics — with "writings of Shi'i ulama through the ages" showing "elements of all three of these attitudes."^[28])

Qur'an

According to scholar Moojan Momen, "One of the key statements in the Qur'an around which much of the exegesis" on the issue of what Islamic doctrine says about who is in charge is based on the verse

`O believers! Obey God and obey the Apostle and those who have been given authority [uulaa al-amr] among you`(Qur'an 4:59).

For Sunnis, uulaa al-amr are the rulers (Caliphs and kings) but for Shi'is this expression refers to the Imams."^[29]

According to scholar Bernard Lewis, this Qur'anic verse has been

elaborated in a number of sayings attributed to Muhammad. But there are also sayings that put strict limits on the duty of obedience. Two dicta attributed to the Prophet and universally accepted as authentic are indicative. One says, "there is no obedience in sin"; in other words, if the ruler orders something contrary to the divine law, not only is there no duty of obedience, but there is a duty of disobedience. This is more than the right of revolution that appears in Western political thought. It is a duty of revolution, or at least of disobedience and opposition to authority. The other pronouncement, "do not obey a creature against his creator," again clearly limits the authority of the ruler, whatever form of ruler that may be.^[30]

However, Ibn Taymiyyah—an important scholar of the Hanbali school —- says in Tafseer for this verse "there is no obedience in sin"; that people should ignore the order of the ruler if it would disobey the divine law and shouldn't use this as excuse for revolution because it will spell Muslims bloods.

Modern era

Reaction to European colonialism

In the 19th century European encroachment on the Muslim world came with the retreat of the Ottoman Empire, the arrival of the French in Algeria (1830), the disappearance of the Moghul Empire in India (1857), the Russian incursions into the Caucasus (1857) and Central Asia.

The first Muslim reaction to European encroachment was of "peasant and religious", not urban origin. "Charismatic leaders", generally members of the ulama or leaders of religious orders, launched the call for jihad and formed tribal coalitions. Sharia in defiance of local common law was imposed to unify tribes. Examples include Abd al-Qadir in Algeria, the Mahdi in Sudan, Shamil in the Caucasus, the Senussi in Libya and in Chad, Mullah-i Lang in Afghanistan, the Akhund of Swat in India, and later, Abd al-Karim in Morocco. All these movements eventually failed "despite spectacular victories such as the destruction of the British army in Afghanistan in 1842 and the taking of Kharoum in 1885."^[31]

The second Muslim reaction to European encroachment later in the century and early 20th century was not violent resistance but the adoption of some Western political, social, cultural and technological ways. Members of the urban elite, particularly in Egypt,Iran, and Turkey advocated and practiced "Westernization".^[22]

The failure of the attempts at political westernization, according to some, was exemplified by the Tanzimat reorganization of the Ottoman rulers. Sharia was codified into law (which was called the Mecelle) and an elected legislature was established to make law. These steps took away the Ulama's role of "discovering" the law and the formerly powerful scholar class weakened and withered into religious functionaries, while the legislature was suspended less than a year after its inauguration and never recovered to replaced the Ulama as a separate "branch" of government providing Separation of powers.^[22] The "paradigm of the executive as a force unchecked by either the sharia of the scholars or the popular authority of an elected legislature became the dominant paradigm in most of the Sunni Muslim world in the twentieth century."^[32]

Modern political ideal of the Islamic state

In addition to the legitimacy given by medieval scholarly opinion, nostalgia for the days of successful Islamic empire simmered under later Western colonialism. This nostalgia played a major role in the Islamist political ideal of Islamic state, a state in which Islamic law is preeminent.^[33] The Islamist political program is generally to be accomplished by re-shaping the governments of existing Muslim nation-states; but the means of doing this varies greatly across movements and circumstances. Many democratic Islamistmovements, such as the Jamaat-e-Islami and Muslim Brotherhood have found that they can use the democratic process to their advantage, and so focus on votes and coalition-building with other political parties. Radical movements such as Taliban and al-Qaeda embrace militant Islamic ideology.

20th and 21st century

Following World War I and the dissolution of the Ottoman Empire, and the subsequent dissolution of the Caliphate by Mustafa Kemal Atatürk (founder of Turkey), many Muslims perceived that the political power of their religion was in retreat. There was also concern that Western ideas and influence were spreading throughout Muslim societies. This led to considerable resentment of the influence of the European powers. The Muslim Brotherhood was created in Egypt as a movement to resist and harry the British.

During the 1960s, the predominant ideology within the Arab world was pan-Arabism which deemphasized religion and emphasized the creation of socialist, secular states based on Arab nationalism rather than Islam. However, governments based on Arab nationalism have found themselves facing economic stagnation and disorder. Increasingly, the borders of these states were seen as artificial colonial creations - which they were, having literally been drawn on a map by European colonial powers.

Contemporary movements

Some common political currents in Islam include

• Traditionalism, which accepts traditional commentaries on the Quran and Sunna and "takes as its basic principle imitation (taqlid), that is, refusal to innovate", and follows one of the four legal schools or Madh'hab (Shaf'i, Maliki, Hanafi, Hanbali) and, may include Sufism. An example of Sufi traditionalism is the Barelvi school in Pakistan.^[34]
• Fundamentalist reformism, which "criticizes the tradition, the commentaries, popular religious practices (maraboutism, the cult of saints)", deviations, and superstitions; it aims to return to the founding texts. This reformism generally developed in response to an external threat (the influence of Hinduism on Islam, for example). 18th-century examples are Shah Wali Allah in India andMuhammad ibn Abd-al-Wahhab (who founded Wahhabism) in the Arabian Peninsula.^[35] Salafism is a modern example.
• Islamism or political Islam, embracing a return to the sharia or Islamic principles, but adopting Western terminology such asrevolution, ideology, politics and democracy and taking a more liberal attitude towards issues like Jihad and women's rights.^[36]Contemporary examples include the Jamaat-e-Islami, Muslim Brotherhood, Iranian Islamic Revolution, Masyumi party, United Malays National Organisation, Pan-Malaysian Islamic Party and Justice and Development Party (Turkey).
• Liberal movements within Islam generally define themselves in opposition to Islamic political movements, but often embrace many of its anti-imperialist and Islam inspired liberal reformist elements.

Sunni and Shia differences

According to scholar Vali Nasr, political tendencies of Sunni and Shia Islamic ideology differ, with Sunni Islamic revivalism "in Pakistan and much of the Arab world" being "far from politically revolutionary", while Shia political Islam is strongly influenced byRuhollah Khomeini and his talk of the oppression of the poor and class war. Sunni revivalism "is rooted in conservative religious impulses and the bazaars, mixing mercantile interests with religious values." ... Khomeini's version of Islamism engaged the poor and spoke of class war.

This Cleavage between fundamentalism as revivalism and fundamentalism as revolution was deep and for a long while coincided closely with the sectarian divide between the Sunnis - the Muslim world's traditional `haves`, concerned more with conservative religiosity - and the Shia - the longtime outsiders,` more drawn to radical dreaming and scheming."^[37]

Graham Fuller has also noted that he found "no mainstream Islamist organization (with the exception of [shia] Iran) with radical social views or a revolutionary approach to the social order apart from the imposition of legal justice."^[38]

References

1. Jump up^ Abu Hamid al-Ghazali quoted in Mortimer, Edward, Faith and Power: The Politics of Islam, Vintage Books, 1982, p.37
2. Jump up^ Feldman, Noah, Fall and Rise of the Islamic State, Princeton University Press, 2008, p.2
3. Jump up^ R. B. Serjeant, "Sunnah Jāmi'ah, pacts with the Yathrib Jews, and the Tahrīm of Yathrib: analysis and translation of the documents comprised in the so-called 'Constitution of Medina'", Bulletin of the School of Oriental and African Studies(1978), 41: 1-42, Cambridge University Press.
4. Jump up^ See:
   • Reuven Firestone, Jihād: the origin of holy war in Islam(1999) p. 118;
   • "Muhammad", Encyclopedia of Islam Online
5. Jump up^ Watt. Muhammad at Medina and R. B. Serjeant "The Constitution of Medina." Islamic Quarterly 8 (1964) p.4.
6. Jump up^ Ibid, Serjeant, page 4.
7. Jump up^ Watt. Muhammad at Medina. pp. 227-228 Watt argues that the initial agreement was shortly after the hijra and the document was amended at a later date specifically after the battle of Badr (AH [anno hijra] 2, = AD 624). Serjeant argues that the constitution is in fact 8 different treaties which can be dated according to events as they transpired in Medina with the first treaty being written shortly after Muhammad's arrival. R. B. Serjeant. "The Sunnah Jâmi'ah, Pacts with the Yathrib Jews, and the Tahrîm of Yathrib: Analysis and Translation of the Documents Comprised in the so called 'Constitution of Medina'." in The Life of Muhammad: The Formation of the Classical Islamic World: Volume iv. Ed. Uri Rubin. Brookfield: Ashgate, 1998, p. 151 and see same article in BSOAS 41 (1978): 18 ff. See also Caetani. Annali dell’Islam, Volume I. Milano: Hoepli, 1905, p. 393. Julius Wellhausen. Skizzen und Vorabeiten, IV, Berlin: Reimer, 1889, p 82f who argue that the document is a single treaty agreed upon shortly after the hijra. Wellhausen argues that it belongs to the first year of Muhammad’s residence in Medina, before the battle of Badr in 2/624. Wellhausen bases this judgement on three considerations; first Muhammad is very diffident about his own position, he accepts the Pagan tribes within the Umma, and maintains the Jewish clans as clients of the Ansars see Wellhausen, Excursus, p. 158. Even Moshe Gil a skeptic of Islamic history argues that it was written within 5 months of Muhammad's arrival in Medina. Moshe Gil. "The Constitution of Medina: A Reconsideration." Israel Oriental Studies 4 (1974): p. 45.
8. Jump up^ Lewis, Bernard, The Middle East : a Brief History of the last 2000 Years, Touchstone, (1995), p.139
9. Jump up^ [1]^{[dead link]}
10. Jump up^ Lewis, The Middle East, (1995), p.143
11. Jump up^ Lewis, The Middle East, (1995), p.141
12. Jump up^ Judge Weeramantry, Christopher G. (1997), Justice Without Frontiers, Brill Publishers, pp. 134–5, ISBN 90-411-0241-8
13. Jump up^ Sullivan, Antony T. (January–February 1997), "Istanbul Conference Traces Islamic Roots of Western Law, Society",Washington Report on Middle East Affairs: 36, retrieved 2008-02-29
14. Jump up^ Lenn Evan Goodman (2003), Islamic Humanism, p. 155,Oxford University Press, ISBN 0-19-513580-6.
15. Jump up^ al-Hibri, Azizah Y. (1998-1999), "Islamic and American Constitutional Law: Borrowing Possibilities or a History of Borrowing", University of Pennsylvania Journal of Constitutional Law 1 (3): 492–527 [507–25]
16. ^ Jump up to:^a b c Process of Choosing the Leader (Caliph) of the Muslims: The Muslim Khilafa: by Gharm Allah Al-Ghamdy
17. Jump up^ The Early Islamic Conquests (1981)
18. Jump up^ Sohaib N. Sultan, Forming an Islamic Democracy
19. Jump up^ Understanding Islamism^{[dead link]} Middle East/North Africa Report N°37 2 March 2005
20. Jump up^ Encyclopedia of Islam and the Muslim World (2004), vol. 1, p. 116-123.
21. Jump up^ Judge Weeramantry, Christopher G. (1997), Justice Without Frontiers, Brill Publishers, p. 135, ISBN 90-411-0241-8
22. ^ Jump up to:^{a b c d e} Noah Feldman (March 16, 2008). "Why Shariah?".New York Times. Retrieved 2008-10-05.
23. Jump up^ Makdisi, George (April–June 1989), "Scholasticism and Humanism in Classical Islam and the Christian West",Journal of the American Oriental Society 109 (2): 175–182 [175–77], doi:10.2307/604423
24. Jump up^ Feldman, Noah, Fall and Rise of the Islamic State, Princeton University Press, 2008, p.6
25. Jump up^ Roy, Olivier, The Failure of Political Islam by Olivier Roy, translated by Carol Volk, Harvard University Press, 1994, p.14-15
26. Jump up^ Sahih Bukhari, Volume 4, Book 56, Number 681
27. Jump up^ (Weeramantry 1997, pp. 132 & 135)
28. Jump up^ Momen, Moojan, Introduction to Shi'i Islam, Yale University Press, 1985 p.194
29. Jump up^ Momen, Moojan, Introduction to Shi'i Islam, Yale University Press, 1985 p.192
30. Jump up^ Freedom and Justice in the Middle East
31. Jump up^ Roy, Olivier, The Failure of Political Islam by Olivier Roy, translated by Carol Volk, Harvard University Press, 1994, p.32
32. Jump up^ Feldman, Noah, Fall and Rise of the Islamic State, Princeton University Press, 2008, p.79
33. Jump up^ Benhenda, M., Liberal Democracy and Political Islam: the Search for Common Ground, SSRN 1475928
34. Jump up^ Roy, Failure of Political Islam, (1994) p.30-31
35. Jump up^ Roy, Failure of Political Islam, (1994) p.31
36. Jump up^ Roy, Failure of Political Islam. (1994) p.35-7
37. Jump up^ Shia Revival : How conflicts within Islam will shape the futureby Vali Nasr, Norton, 2006, p.148-9
38. Jump up^ Fuller, Graham E., The Future of Political Islam, Palgrave MacMillan, (2003), p.26