Principles of the Islamic Political System: The Rights and Obligations of the Ruler

The most important factor in any political system is the relationship between the governing entity and the people. This relationship sets down the rights of the ruler and the people, as well as their responsibilities towards each other.

The Obligations of the Ruler

One of the oldest scholars who addressed the issue of the Islamic political system, ElMawerdy (972-1058 AD), tackled the issue of the rights and obligations of the Muslim ruler in his book AlAhkam AlSultaniya. He began addressing the matter by discussing the ruler’s duties and responsibilities, listing the protection of the religion as the first responsibility of the Muslim ruler. He stated that the ruler must protect the religion from any innovations, using logic and proof to refute falsehood and innovations, and using his rights and the limits Islam imposes on the people to protect Islam and the nation from any harm.

ElMawerdy mentioned that the resolving of conflicts between disputants was the Muslim ruler’s second responsibility. (Of course in modern political system, the judicial authorities are delegated with this responsibility.)

According to ElMawerdy, the ruler is responsible for the protection of the people from harm, the execution of the hudood (the punishments for transgressing the limits Allah has imposed in Islam), the fortification of the borders of the nation, jihad against those who oppose Islam, the collection and distribution of the spoils of war and charity, the appointment of executive officials, and directly engage in the affairs of the nation.

The Andalusian scholar and judge, ibn-AlAzraq(1427-1491 AD), listed 5 duties a ruler is obligated to perform:

1. The protection of the fundamentals of the religion
2. The execution of judgement between disputants
3. The execution of the hudood
4. The punishing and rebuking of those who deserve (to be punished)
5. The caring of ahl aldhimma (non-Muslims who agreed to live peacefully within a Muslim nation under Islamic rule)

Another Andulisian scholar, ibn Radwan alMalaqy (died 1381 AD), stated in his book AlShohob AlLame3a fe AlSiyasa AlNafi3a (The Illuminated Stars of Effective Politics) that there are 10 responsibilities and duties that must be performed by a Muslim ruler. Those 10 responsibilities are directly identitcal to ElMawerdy’s list, and go as follows:

1. The protection of the religion based on the things agreed upon by the scholars.
2. The execution of judgments and verdicts between disputants.
3. The protection of people from harm.
4. The execution of the hudood.
5. The fortification and protection of the frontlines and borders of the nation.
6. Jihad against those who oppose Islam.
7. The collection of the spoils of war and charity.
8. Managing the distribution of wealth.
9. The delegation of authority and the appointment of advisors.
10. The direct engagement in the affairs of the nation.

The late contemporary scholar AbdelAziz Ezzat AlKhayyat, mentioned in his book AlNizam AlSiyasy fe AlIslam (The Political System in Islam) 6 of the 10 ibn Radwan listed. He placed both the collection of the spoils of war and charity and the managent of the distribution of wealth as one item. He also paired the fortification and protection of the frontlines and borders of the nation with jihad against those who oppose Islam. The execution of judgements and verdicts was also joined with the protection of people and the execution of the hudood as one item in his list.

AlKhayyat states in AlNizam AlSiyasy that the scholars of Islam summarized the obligations of the ruler in the following phrase: The guarding of the religion and the management of worldly affairs. (Heraset aldeen wa siyasit elduniya.)

The Rights of the Ruler

After addressing the obligations of the ruler, AlKhayyat addressed the matter of the rights of the ruler. The first of these rights, he mentions, is the obedience of the nation to the ruler except when ordered to sin.  The Quranic verse AlKhayyat refers to with regards to this right is verse 59 of Surat AlNisa, which is translated (Yusuf Ali) as follows:

O ye who believe! Obey Allah, and obey the Messenger, and those charged with authority among you.

AlKhayyat then goes to list what he considers being other rights of the ruler: The right to be advised privately or publicly, The right to be supported and aided, The right to be respected, The right to legislate (so long as it is within the limits of the shariah  and the consensus of the Muslims), The right to know the progress of his delegates, subjects, and workers and hold them accountable, The right to obtain permissible wealth from the national treasury, The right to declare war, and The right to appoint delegates and workers.

AlMawerdy stated that if the ruler fulfills his 10 duties (mentioned earlier), then the people are obligated to obey him and aid him, so long as his status does not change.

AlMawerdy then mentions that in the event that his justice becomes flawed (mainly when he performs actions clearly forbidden in Islam), the nation will no longer be obligated to obey nor aid him. He also mentioned a number of cases in which bodily (physically and mentally) defects may also render a ruler’s status as a ruler void.

About the author

View the Original article