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.

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With the rise of Islamist political groups to power in a number of countries across the Middle East and North Africa, it is important to understand the basics of the political ideology behind these groups. In this article, I will touch up on a few principles of the Islamic political system.

The Basis for the Necessity of a Ruler:

Perhaps one of the most famous historical Islamic scholars who wrote on the Islamic political system, El-Mawerdy, he addressed the issue of the need for a ruler. In his famous book, “The Ordinances of Government” (“Al-Ahkam Al-Sultaniya”), he mentions that there are two main categories of reasons for a ruler. The first of these categories is the logical necessity, being that people cannot live in a society without there being a ruler who can protect the people from injustice and anarchy. The second category is related to Islamic teachings. The primary source El-Mawerdy mentions as proof of the religious commandment for there to be a ruler for the people is verse 59 of Surat Al-Nisaa which (translated) reads:

“O ye who believe! Obey Allah, and obey the Messenger, and those charged with authority [Olee elAmr] among you. If ye differ in anything among yourselves, refer it to Allah and His Messenger, if ye do believe in Allah and the Last Day: That is best, and most suitable for final determination.”

Based on this verse, El-Mawerdy states that the Islamic law delegates authority to the ruler, or “Olee elAmr”.

The Bai’ah:

The bai’ah, or the pledge of allegiance, has historically been the true basis upon which the ruler’s authority is seen as legitimate by the people. The bai’ah is taken by “ahl elhal w el’aqd,” influential figures of public authority, upon inaugurating a new ruler. Even when monarchial rulers were present, the heir to the throne was obliged to receive the bai’ah from the people in order to gain legitimacy.

Traits of a Proper Ruler:

A number of Muslim scholars who addressed the issue of the political system and rule of law have addressed the main traits that a ruler must have. El-Mawerdy listed the following 7 factors that a ruler must have:

1. Justice as agreed upon (by the scholars of Islam) [understanding and practicing what is right and forbidding and avoiding that which is prohibited].
2. Knowledge that leads to good judgment and decision-making.
3. Free of defects in his senses of hearing, sight, and his tongue.
4. Free of physical defects or deformities that may hinder movement.
5. Wisdom and proper opinion that aids him in guiding his subjects and managing the people’s interests.
6. Bravery and courage that aid in protecting the interior and fighting the enemy.
7. Proper lineage (a number of scholars have mentioned that the caliph must be from the lineage of Quraish, but we are not currently addressing the concept of the caliphate).

The late contemporary scholar ‘Abd El’Aziz Ezzat ElKhayyat, formed a list of 8 factors which he mentioned in his book “The Political System in Islam” (Al-Nezam AlSiyasy fe El-Islam) :

1. Islam (He must be a Muslim. This factor was probably unquestionable during the time of ElMawerdy, and therefore was not worth mentioning in his time.)
2. Masculinity (Prior to ElMawerdy’s death, no female had taken a position of authority, so this may have been overlooked.)
3. Justice (ElMawerdy’s first factor).
4. Knowledge (ElMawerdy’s second factor).
5. The ability to lead and guide.
6. Senses and body free of deformities and defects.
7. Proper lineage (The Quraish factor).
8. The fitter choice (If any other individual is found to be more fit for the position of a ruler, than he should be chosen).

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