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#21 |
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Thanks for the replies, and sorry for the delay in replying back... ![]() It happens all the time. Men refuse to marry women who look and behave a certain way, so the women change in order to meet their demands; vice versa. Parents and neighbors scold children for behaving improperly. Workers chastise other workers for making lewd comments or for glorifying sin. Friends advise friends. Shaykhs and imams give khutbas about negative things within the society. Responsible media figures confront societal problems. Groups of people get together to work in their communities to solve problems. They're are all sorts of social "laws" that are enforced without the need for a police force. I don't mean that citizens should become vigilantes if that's what you were thinking. |
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#22 |
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Once again, people mistake "democracy" and "republic". Ibn Mikael is describing a Republic with an Islamic Charter.
http://www.wisegeek.com/what-is-the-...-democracy.htm "By definition, a republic is a political unit governed by a charter, while a democracy is a government whose prevailing force is always that of the majority. Perhaps one of the difficulties in defining these two words — democracy and republic — stems from the fact that many people consider them to be synonyms, which they aren’t. They are no more alike than an apple and a banana, and yet they are often used interchangeably. The difference between a republic and a democracy lies in the ultimate source of official power. In the case of a republic, it lies with a charter; in a democracy, power lies with the rule of the majority. Yet they are often lumped together. " As far as democracy goes, I remember listening to a history podcast how Thomas Jefferson himself disdained the notion of creating a democracy (defined in the classical sense) in the United States, believing it would lead to mob rule. So he wanted a Republic, with a written Charter, with officials and rulers chosen by vote. I do believe that Muslims can have proper Sunni Islamic republics with elected government if they're properly set up. The Charter must be carefully made, institutions and separations of powers set up, etc. Finally, whoever said that the voting franchise has to be universal? The USA did not allow blacks and women to vote for a very long time. If you don't want the Shia and the Qadyanis to vote... well there are historical precedents for that... |
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#23 |
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![]() 1) Brother, Islam consists of its OWN RULING SYSTEM. do you believe this? 2) Or do you believe that: 'Islam does NOT have its own ruling system'? In which case Muslims can incorporate various systems which serve whichever purposes. You SEEM to say in your response that Islam does NOT have its own ruling system and therefore Islam and democracy should "coexist", on the necks and backs of the Muslim people no less. I for one consider such a proposition for Muslim people- coexist between Islam and democracy- to be a BETRAYAL of who they are, what they represent, and who they can become. I offer you the benefit of the doubt that your position is based on confusion of some of the ideas- an intended objective of those who champion 'democracy- because I have read your comments here for some time now and you seem like a trustworthy brother. Briefly, here is what I mean by the Islamic ruling system: A)the absolute Sovereignty belongs to Allah B)the authority to rule and implement is for the Muslim Ummah C) Process of Legislation: Ijtihad. The utmost, sincere, earnest, qualified exertion through the examination of the evidences (adillah) to extract a ruling (hukm) = ijtihad (A = the source of legislation absolutely emanates from Allah, which means the Wahy. It is NOT a transient, inexact notion (which is sometimes presented in mottos), rather its a definitive issue (of belief). The legislation from the Divine is the Hukm Sharii: the address of the Legislator regarding the actions of Man. So A = Hukm Sharii. ) _____________ Here is how democracy is practiced IN REALITY (as opposed to some fanciful idea of what we can concoct,as several Muslim countries have attempted to do over the past 60 years): A) Sovereignty resides with "the people". B) Authority to rule resides with "the people". C) The process of legislation: majority vote according to constitutional rules. A = a certain people declare themselves the sole power of a region, and formulate a story about themselves in their "preambles". The Egyptian people claimed to have toiled in Egypt since the dawn of civilization. The Pakistani constitution recognizes Jinnah as the 'founder' of the state and "faithful to the declaration made by the founder..." declares Pakistan a democratic state, thus presenting the sovereignty of the state in the name of Jinnah. B = The rule and power of the state resides with "the people", how ever they choose to define the people. In the case of Egypt, its "Egyptian people" as defined by the nation who's borders are defined UN treaties, as opposed to an "Egyptian people" who existed 500 years ago and who's empire stretched into neighboring countries of Jordan, Sudan, Libya, Arabia, etc., or some other definition of "people". C = As sovereigns, these people devise constitutions which define their processes of legislation which are majority rule, but with variations. Ijtihad is not the process of legislation of a democracy as legislation emanates from the state's constitutionally recognized "sovereign". ___________________ Yes, a people can CHOOSE to vote with various restrictions- ie. according to Shariah-, but this connotes the sovereign resides with the people. This is quite different from the Islamic ruling system. When the issue arose of war against the apostate tribes during the khilafat of Abu Bakr (rah), many sahaba (rahm) encouraged and advised him to relent and negotiate with the tribes. Abu Bakr (rah) rejected this because he understood the Adillah- the guidance from the Revelation in clarity. Refusal to pay zakah is abandoning an obligatory act of ibaadat which places one outside of Islam, which no longer offers protection and security. It could be understood that many of these tribes refused zakat as political power plays to gain more influence in Madinah. For Shia, they claim some tribes refused to pay because they believed Ali (rah) deserved to be khalifah. In both cases, they played political games with the Deen of Islam against the best generation, the most knowledgeable generation. It could be argued that the majority of so called Muslims at that time rebelled against Abu Bakr (rah). In a republic, it would have shifted the power to dissolve the parliement and have reelections. Except, Abu Bakr (rah) adoption, the hukm which he adopted regarding abandoning zakah, was that its riddah. According to a democracy, there would have been grounds for reelection as the majority did not accept Abu Bakr (as they were driven by Shaytan- another intangible factor which cannot be coded into a democacy or republican constitution). Its a matter of perception: Islam guides, or Islam is guided. Which is it? For the Prophet (saaw) and the khulafa rashiduun, Islam guided them as a Way of Life which provided ideological direction. Today, the Muslim world is increasingly under the influence of governments and "religious figures" who preseent Islam and in need of reform, or which is man made, etc. and needs to coexist or be altered to fit some modern idea. |
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#24 |
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[QUOTE=Usama2;632942]
![]() ![]() 1) Brother, Islam consists of its OWN RULING SYSTEM. do you believe this? By this do you mean that Islam has certain legal rulings which Muslims and their leaders are obligated to implement or that Islam advocates a specific governance system such as an absolute monarchy or a constitutional republic? Yes, I believe that there are certain legal rulings which Muslims are obligated to implement. I also believe that rulers have the ability to temporarily suspend certain hudood punishments if enforcing them would be a grave hardship on the community--something which has always been recognized as Islamically permissible (see Caliph Umar suspending the hudood of taking the hand of a thief when there was severe drought). No, I don't believe that an absolute monarchy is inherently more Islamic than a constitutional republic that has a legislative branch that enforces the shariah. 2) Or do you believe that: 'Islam does NOT have its own ruling system'? In which case Muslims can incorporate various systems which serve whichever purposes. Muslims have incorporated various ruling systems throughout history and if you believe otherwise, you're living in a fairly tale land. Sultanates were different from caliphates; caliphates themselves often varied--from an absolute monarch to a constitutional monarch with an active parliament. And nowadays you have countries like Iran and Aceh province in Indonesia, both of which enforce the shariah while operating within the framework of a constitutional republic. From my own knowledge, the only consistent factor in all of them was that they had qadis oversee the judicial system. And Allah ![]() |
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#25 |
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The Sovereignty resides solely with Allah.
Translation of the Holy Quran; 6:57: "...[AL hukmu] The command rests with none but Allah. He declares the truth, and He is the best of judges." 6:62 "Then are men returned unto Allah, their protector, the (only) reality: Is not His the command [al hukmu]? and He is the swiftest in taking account. 12:40 "If not Him, ye worship nothing but names which ye have named,- ye and your fathers,- for which Allah hath sent down no authority: [al hukmu] the command is for none but Allah. He hath commanded that ye worship none but Him: that is the right religion, but most men understand not..." 5:48-50: "And unto thee have We revealed the Scripture with the Truth, confirming whatever Scripture was before it, and a watcher over it. So [fahkum]rule/judge between them by that which Allah hath revealed, and follow not their desires away from the truth which hath come unto thee. For each We have appointed a [shir3aatan] Divine Law and a traced-out way. Had Allah willed He could have made you one community. But that He may try you by that which He hath given you (He hath made you as ye are). So vie one with another in good works. Unto Allah ye will all return, and He will then inform you of that wherein ye differ. (48) So [fahkum] rule/judge between them by that which Allah hath revealed, and follow not their desires, but beware of them lest they seduce thee from some part of that which Allah hath revealed unto thee. And if they turn away, then know that Allah's Will is to smite them for some sin of theirs. Lo! many of mankind are evil-livers. (49) [afhukmi] Is it a judgment of the time of [jahiliyiah](pagan) ignorance that they are seeking? Who is better than Allah for judgment to a people who have certainty (in their belief)? (50) " As one can follow in these ayaat, the word "hukmu" and its derivative plays a key rule regarding sovereignty, legal authority to rule and judgement, and the source of ruling. 'Hukmu' is sovereignty to determine the commands. 'Hukm' is both judge and rule, as in that time, the time of the Prophet (saaw) in particular, the ruler and judge were embodied in one office as well as separated as two different offices ( various sahabi were judges at the same time as the Prophet (saw) was both ruler and judge). Allah (SWT) addresses this by giving examples of the previous peoples, ahlil kitab, and how they manipulated their revelations to suit their circumstances. Like us today, Bani Israel were dominated by the Roman pagan empire and they altered their ways to correspond, or 'coexist'. Its no surprise then, that 5:50 raises the exact issue of which Way should believers follow: the Way which Allah (SWT) has revealed, or the way of Jahiliyah, which can be interpretted as applying to democracy as well. Democracy being a specific system adopted by the pagan Greeks and revived by the Western powers millenia later as part of their Enlightenment from Judeo Christian tyranny. Thus, why do we seek the judgement of jahili systems when the command of Allah is clear? Note Sofian's claim: As regards your second post - good idea, but you're presupposing the Sharia is infallible. We must remember that the Shariah is 'man made' - it consists of fiqh which is merely the opinion of classical jurists in expansionist Abassid Period - it isn't really divine . Either this is an ignorant statement which is simply echoing propaganda, or its a diabolical statement meant to mislead Muslims, for which is condemnation and curses. In either case, it arrogantly and imperiously seeks to undermine the thoughts and sentiments of the Muslim Ummah towards Shariah. Shariah is commonly understood to mean the divine guidance, commands and prohibitions of Allah. The Hukm Sharii is the specific term used by the fuqaha to distinguish between the fiqh and the actual textual evidences. Fiqh is the body of interpretations of Hukm Sharii. Sofian's statement sought to mix Hukm Sharii with fiqh to render them all "manmade". When the common people say "Shariah" in terms of ruling and governance, they MEAN "HUKM SHARII". Anyone who says Hukm Sharii is NOT divine upon knowing what it is, has committed kufr. It is the motivation of enemies of Islam to attack Shariah, as is commonly understood pertaining to ruling. and Allah knows Best. |
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#26 |
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[QUOTE=ibn Mikael;632945]
This is what I was referring to "Islam guides" vs. "Islam is guided". I have neither claimed an absolute monarchy nor a constitutional republic are representative of the Islamic ruling system. Why have you limited yourself to these systems? Yes, various dynasties did different things when it came to ruling. But they are not the source of guidance in Islam. Nor did An Nabi (saw) say we should follow them as he (saaw) said we should follow the khulafaa Rashiduun. Again, peacemeal implementation of Shariah is NOT the example, its the experimentation of various peoples. Why MUST the source of legislation of a state be "the people"? Tell me please, Ibn Michael? Why must a people vote on legislation if Allah (SWT) has already legislated it? If representation is your concern, the Islamic system has that, for women, for nonMuslims as well, in the majlis ash shura. If balance of power is your concern, that was practiced and exemplified by the Prophet (saw) and the khulafa rashiduun, as executive and judiciary branches which included bringing caliph Umar (ra) to trial. If accountability is your concern, there is arguably no state that has been more conscientious about accountability than the Islamic state of the Prophet (saaw) followed by the khulafaa rashiduun. And following their models would be the best option. What is the importance of the "majority" of people? Here are some ayaat which address the people of the earth: Translation of Holy Quran "6:116 Wert thou to follow the (majority)common run of those on earth, they will lead thee away from the way of Allah. They follow nothing but conjecture: they do nothing but guess." 7:179 "Already have We urged unto hell many of the jinn and humankind, having hearts wherewith they understand not, and having eyes wherewith they see not, and having ears wherewith they hear not. These are as the cattle - nay, but they are worse! These are the neglectful. (179) 25:43-44: " Hast thou seen him who chooseth for his god his own lust? Wouldst thou then be guardian over him? (43) Or deemest thou that most of them hear or understand? They are but as the cattle - nay, but they are farther astray " And that's not to mention Allah describing the pure nature of Man being rebellious, weak, ungrateful. And certainly Allah knows best. |
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#27 |
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There is no such concept as "Republic" in Islaam. Neither is there any such concept as "Constitution".
The constitution of an Islamic state is the Quraan and Sunnah. Period In Islaam, a ruler is for life. The idea of "Republic" was invented by Plato, a mushrik Greek philosopher. Turn away from all these Western, Greek, and foreign ideas and stick to Quraan and Sunnah. That is our salvation. |
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#28 |
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There is no such concept as "Republic" in Islaam. Neither is there any such concept as "Constitution". ![]() |
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#29 |
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I forgot you have mastered the concept of Siyas in Islam!! what a joke! |
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#30 |
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![]() Bismillah was salaam |
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#32 |
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Ibn Mikael,
I agree with your most recent post: we must maintain respectable manners and conduct towards each other in order to arrive at understanding. This attacking and counterattacking is futile and destructive. We have to move forward, insha Allah. That said, insha Allah, please if you will address these questions: Why MUST the source of legislation of a state be "the people"? Why must a people vote on legislation if Allah (SWT) has already legislated it? What is the importance of the majority of the people? |
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#33 |
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Ibn Mikael, ![]() 1. Who are you suggesting should legislate on new issues that arise within a country? A benevolent dictatorship? What exactly is your alternative other than the people? Do you believe Allah ![]() 2. As I stated previously, a state could simply adopt a constitution that says no law shall be passed which violates Islamic law (with a clear definition of what is Islamic law). Therefore, if a people try to pass a piece of legislation that contravenes the shariah, the courts could simply strike it down. New issues arise and you can't simply ignore them. Saying "follow the shariah" isn't a real answer, because it assumes that the shariah has specifically addressed the issue before. 3. The majority of the people matters, because if the majority of the people don't like what the government is doing, they'll simply kick out or kill the leaders. You could try ignoring the majority if you're leading, but you aren't gonna be lasting too long--I can guarantee that ![]() |
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#34 |
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![]() Before I reply, are we in agreement that the ruling system of the Prophet (saw) and the khulafa rashidoon is the proper and intellectually superior model for ruling?
Here is a link to a Usulul Fiqh dars regarding Allah (SWT) as al Hakim, the source of legislation, and how the Aql and the Naql (revelation) come together: http://www.youtube.com/watch?v=XBjPx4mnnSc According to the Islamic ruling system, the ruler titled caliph, sultan, amir, or whichever, receives Bayah, allegiance, from the Muslim people to rule by and implement and lead by the Hukm Sharii. The ruler is responsible for adopting rulings on various issues. Abu Bakr (rh) adopted several rulings, such as on divorce, which were practiced by the sahaba and Muslim people. But the ruler is wise to avoid adopting on all issues to allow for jurisprudential interpretation ijtihad. When an issue arises which is new, the ruler is responsible for dealing with it by adopting on the issue, or not adopting on it, depending. The process of doing this is according to Ijithad. He may choose to have a Fiqh committee address it, or have various scholars do so, or choose to do so himself if he is qualified. But it is NOT open to majority vote in the sense that people who have no knowledge of deen, who are enemies of Islam, can decide on the adoption. 2. As I stated previously, a state could simply adopt a constitution that says no law shall be passed which violates Islamic law (with a clear definition of what is Islamic law). Therefore, if a people try to pass a piece of legislation that contravenes the shariah, the courts could simply strike it down. New issues arise and you can't simply ignore them. Saying "follow the shariah" isn't a real answer, because it assumes that the shariah has specifically addressed the issue before. Do you know what is right and wrong simply by observing a matter? People have NO INTRINSIC POWER TO ORIGINATE RIGHT AND WRONG. And yet you wish to grant them power to vote on what is right and wrong. Based on what? Their feelings? Their dreams? Thus, Allah (SWT) said Translation of Quran 3:3 Aforetime, for a guidance to mankind; and hath revealed the Criterion (of right and wrong). Lo! those who disbelieve the revelations of Allah, theirs will be a heavy doom. Allah is Mighty, Able to Requite (the wrong). : If you are speaking of the dynamic between a ruler and the ruled, then the matter of the people's consent is important in some ways, either as legitimatization of the authority of the government, as in a pledge of allegiance. In the Islamic ruling system, the Bayah is the transfer of POWER and authority of the People to the ruler. Whether this happens via a direct general election, or a selection committee, this is the issue of ruling according to Shariah. But majority rule that votes on each and every law breeds chaos and conflict. This was the original idea of democracy for a select few GREEK men who were empowered to decide day to day laws based on their individual interests. It became indirect when these men chose 'representatives' who decided for them. Today, select elite men continue to decide laws in democracies by getting representatives elected by fooling the masses of people to support them. Presidents of the USA are largely deemed as employees who do the bidding of the elite and power who got them elected. The idea of Right, Good, Justice are mere slogans to win majority or popular support. Democracy is a venue for the authoritarianism of a few elite, powerful, and very often wicked men, to determine the affairs of the majority. And Allah knows best. |
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#35 |
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