Key Political Concepts in the Qur'an, M AHMED

Tags: Qur, political authority, political theory, community, political science, Islam, sovereignty, political sense, millah, POLITICAL CONCEPTS, qawm, Islamic community, social cohesion, term, ummah, generic sense, medieval Islam, institution, Muslim peoples, Muslim scholars, social contract, Islamic terms, moral universalism, tribal council, term community, Islamic Studies, definition of sovereignty, Muslim society, religious community, supreme power, popular sovereignty, Muslim community, religious communities, modern Arabic, modem terms
Content: Islamic Studies (Islamabad) 10:2 (1971) 2!.J;;$-j*& KEY POLITICAL CONCEPTS IN THE QUR'AN MANZOORUDDTN AHMED An attempt to reconstruct the classical and medieval notions of Muslim Political Theory in the modern age is beset by a number of complex problems of methodological and semantic nature. The foremost difficulty that a modern social scientist encounters in comprehending the key political concepts of classical and medieval Islam arises from the fact that these concepts are unique in so far as they are grounded in the Qur7Znic theological doctrines. Therefore, they are different from the western political theories which are permeated by the Judaic, Christian, Roman and Greek political ideas. These Islamic political concepts had developed in the context of entirely different social, economic, political and historical settings. This creates problems of definition and semantics.1 On the one hand, modem social scientists with their background in the western political terminology are unable to understand the Islamic terms, and on the other, in translating these very terms into the vocabulary of modern political science, they transmute their original meanings. For example, in fact, there is no clear-cut concept of modem state in Islam, but still people speak of Islamic state and in this sense the Islamic terms such as ummah and khilgfah are equated with the modem terms state and government. However, ummah and khilgfah both have their own distinctive meanings2 In view of such difficulties, it is, perhaps, necessary to sort out politically relevant terms of Islam in the light of the basic sources of Muslim political theory, namely, the Qur'iin, the Sunnah and Uadia, the early historical records, and the medieval treatises on Muslim Constitutional Law. In the text of the Qur7Zn,one frequently comes across a number of terms which have either social or political implications, e.g. ummah (community), din (faith), millah (religious community,) &ri8ah © Dr Muhammad Hamidullah Library, IIU, Islamabad.
(divine law), qawm (group or folk), a a ' b (large tribe), khildfah (succession), imdmah (leadership), mulk (kingship,) etc. In the Qur'zn all these terms have been used both in their generic, as well as technical, sense. But in later sources, such as h a d i ~(tradition), tafsrir (exegesis), and fiqh (jurisprudence), these terms are used more precisely in their technical rather than generic sense. At the same time it may not be hard to discover a consistent development in the usage of these terms in the course of the historical evolution of Islam. In this connection one may also find a close correspondence between the growth of Muslim society and the development of technical thought in the classical and medieval Islam. Consequently, these terms should be defined in their proper ideological, historical, and social perspectives.
Jamci'ah The term Jamd'ah does not occur any where in the text of the Qur'gn, although its derivatives such as jamd'an, JamZ are found in many of the Surahs.3 Nowhere do these expressions either denote or connote the idea of society in its modern sociological sense. Even in the pre-Islamic era, these terms were not used in the sense of society. The expressions Jammh'ah and JamZ'afz were, of course, frequently used but not in the specific sense of society . But the term in the sense of society appears very often in the great hadiG collections.4 A few examples are given below: 1. Be with the group (jarnd'ah) and the general public. (Musnad Ahmad) 2. God's hand rests upon the group (jama'ah) and those who split away from the group are condemned to eternal hell. ( ~ b Dn m i d ) . 3. Follow the largest group (Ibn Mzja)
These traditions are cited here as literary evidence of the usage of the term in the technical sense of 'society' during the early period of Islam, and therefore, we are not very much concerned with their historical authenticity. The term JamZ'ah was also used in a rather restricted sense of a majority party during the later Islamic period. In this narrower sense the expression ahl-al-sunnah wa'l-Jamci'ah (followers of the sunnah of the prophet and the dominant majority) was applied to describe the orthodox majority of Muslims in order to distinguish them from the heterodox minority.5 They were described as such because they
constituted the majority and adhered strictly to the sunnah of the prophet and his Companions including the first four truly guided Caliphs. In contrast, the minority groups like the partisans of 'Ali (@'ah) and the seceders a a w c r i j ) opposed to the majoritarian views were ostracized and condemned. It is, therefore, interesting to note that the term jh6ah does not include these latter groups. This exclusive use of the term for the majority group of the Muslims clearly reflects the impacts of the political dynamics of the Muslim community during the later period of the early caliphate. Thus we notice a development in the meaning and usage of the term jamd'ah which can be traced back to its generic sense in the pre-Islamic era.
In the process of defining the term jamHLah,it might be quite useful to explore two important questions. Firstly, how does this term differ in meaning from other similar Qur'Hnic terms such as ummah, millah, qawm, and &a%? Secondly, how do we translate it in the terminology of modern Social Science? Taken in its more generic sense, and keeping in view the earliest usage, jarnHOahrefers to any kind of assembly of human beings. In this broader sense, the term jamii'ah has to be distinguished from ummah, millah, qawm and &ash which are used in the specific sense of certain kinds of groups-political, religious, defensive, and biological. Therefore, we may conclude that jamz'ah is an all-embracing term which includes the concepts of ummah, millah, qawm and da'b, these latter referring only to the specific forms of social groups. But gradually the term Jumd'ah came to be used in a rather sociological sense of society. Ibn Khaldtin, the medieval historian, in developing a general theory of society in Islam frequently refers to the term al-ijtimHi.6 In the modem Arabic usage this term has acquired a clearly sociological sense. Therefore, in the light of the foregoing discussion, it may be now possible to conclude that the word, jamZah and its derivatives have not been used in any technical sense either in the text of the Qur'Bn, or in other sources of classical and medieval Muslim political theory. Therefore, it may be dismissed as of no relevance.
In the modem Arabic language, the term qawm means 'nationality'
while qawmiyyah is the equivalent of 'nationalism'7. Both of these terns
are used strictly in their modem political science senses. The expression
al-qawm al-'Arabiyyah refers to all the peoples the Arab countries ex-
tending from Morocco in North Africa to Iraq in the Near East. The
Arab peoples, it is held constitute a single nationality because they are
bound together by the common ties of Arabic language. The linguistic
foundation of modem Arab nationalism has given rise to Pan-Arabism,
a movement which is directed to achieve a larger political unity of all
Arab nations. However, Pan-Arabism has to be distinguished from Pan-
Islamism. The Pan A.rab movement does not include non-Arab Mus-
lims within the framework of their proposed Arab unity, whereas the
latter covers the larger world of Islam extending from Morocco to In-
The term qawm in the modern sense, however, is not used in the
context of the medieval Islamic usage. The word qawm and its deriva-
tives occur frequently in the text of the Qur'Bn.8 Its roots qcma, qawamu
mean to rise or stand up.9 Therefore, qawm means a people or group of
of men who follow a leader; in this particular sense we find numerous
references in the text of the Qur'InlO which refers to good and bad
peoples as qawm al-sdihin or qawm al-Zdliminll. In the Qur7Bnicverse
5:ii an indirect reference is made to the incident where the Bana Nadir
of Madinah had conspired to kill the prophet, a plot which, thanks to
divine intervention, failed to materialize.12 In another Qur'znic verse
qawm is used exclusively either for a masculine or feminine group. Simi-
larly, in another verse God admonishes the recalcitrant Muslims: "If ye
go not forth, He will afflict you with a painful doom, and will choose ins-
tead of you a folk (qawm) other than you".l3 In view of all these shades
of meanings of the word qawm, it may be concluded that it is used in a
general sense to mean a group of people or folk who assemble for some
specific objectives. Therefore, the term has neither any territorial nor
ethnic referencz. In its Qur71nic sense the term implies at best the idea
of integration of loyalties of a group of followers around a common
leader. Consequently it does not refer to a territorial community bound
together by the common bonds of language, culture, traditions and his-
tory, economy, and politics. Therefore, the term does not connote either
the modern concept of nationality or that of qawmiyyah in the sense of
Both the Qur75nicterms jamii'ah and qawm are in turn to be clearly distinguished from another Qur7'inic term-millah which is used in its unique sense in the text of the Qur'Bn.14 Millah connotes a typically Semitic concept in so far as it refers to a human group which is united by a prophet on the basis of divine guidance. Both concepts of prophecy and divine guidance are characteristic features of all Semitic
religions-Judaism, Christianity, and Islam. Millah, therefore, specifically means a religious community founded by a prophet on the basis of revealed law.
The word millah literally means din (faith) or dari'ah (revealed law).ls The expressions millah, millat-i-IbrZhlm, and millat-i-Abd'i frequently occur in the text of the Qur'gn.16 h all these references, the focal point of integration centres around a prophet with the revealed divine message. But in the text of the Qur'Hn, a clear distinction is made between millall and din. Din also means religion or faith but is used in a wider sense than the word millah. The term din is used both for the religion of a prophet or of God. In this context reference may be made to two expressions which recur frequently in the Qur'an, namely din Allah (religion of God) and millat Ibriihim (religion of Ibrzhim). But the expression millat-al-Allah does not occur anywhere in the text of the Qur'Bn.17 Thus, millah refers invariably to a prophet but din has been used both for a prophet as well as God. This only confirms the narrow and restrictive sense in which the term millah has been used in the text of the Qur'Bn.
Similarly, both terms millah and din are to be distinguished from the expression maahab (plural, ma&Zhib). Maahab literally means path but technically it refers to the traditional sunni schools of Muslim law. They are popularly known as ma&Zhib 'arba'ah, four schools of law namely, Hanafi, Mdiki, Bd$'i, and Hanbali, named after the great Sunni jurists.18 However in the Urdu and Persian Languages m a a h a b is generally used for any religion, such as Christianity, Judaism, or Hinduism. But in Arabic, it is never used in this latter sense, the term millah being employed to denote a religious community.
The term unzmah, somewhat similar in connotation to millah, also occurs frequently in the text of the Qur'zn, but it has a meaning quite distinct from that of Millah. The term has different shades of meanings in the text of the Qur'gn, such as aari'ah (law), tariqah (path), din (faith), generation of a tribe, a guild or species of animals.19 In the SuAhs 2:134,20 and 16:36,21 the word ummah has been used in the ordinary sense of a people. In this specific sense, it is not very much different from the term qawm as discussed above. In the Surah 3:103,22 it is used in the sense of species of animals and birds. In the light of the textual history of the Qur'gn, it may be observed that
ummah is used in all its numerous senses in the early Meccan surghs. This view is quite consistent with the fact that it was only during the Medinese phase that the prophet Muhammad had to grapple with the fundamental problems of community building. Therefore, in these later Medinese verses of the Qur'iin the term has been used to describe the emerging Muslim community.23 The wnmah at Medinah was called ummah wasti (balanced community). or sometimes ummah wihida (integrated community).24 At this stage of community-building at Medinah there was greater emphasis on the principles of unity, cohesion, and moderation as the foundations of the emerging ummah.z Islam was itself the focal point of integration of culture, language, ethics, law and morals of Arabian tribes. Thus the Arabian tribal structure was being transformed into a new kind of social unity based on prophecy, revealed law, and divine guidance.26 It was described as ummah, something quite different from d a ' b (a large tribe) which formed the apex of the tribal structure.
-Sha'b literally means the top of the head.27 Therefore, figura- tively it was to describe the largest kinship group which comprised a large number of tribes. It was also called abu'l-qabri'il (father of tribes). Below da'ab came qabila which literally means face. The qabila was the clan, and many clans together constituted a a a ' b . These clans were subdivided into smaller units figuratively known as f-ila, fakha, bap, and 'amzra signifying the lowcr parts of the body. The lowest kinship unit was the family 'ayala isara28. The basis of the cohesion of the tribal affiliations was kinship alone. Therefore, the tribal structure was a purely biological concept. Thus, it is to be distinguished from the concept of ummah. In the text of the Qur'iin, the plural of the term ga'b' du'iib' occurs in the verse 13:49 in this sense. According to this verse, God A!mighty says: "We have created you from a male and a female, and we made you into tribes and larger tribes so that you may be recognized but only those of you are good before God Almighty who are pious and God knows and hears."29 This verse brought home to the early Arabs that kinship was necessary only for the purpose of identification and it was no longer valid to claim any moral or material superiority on the basis of tribal affiliations. Islam introduced the new principles of piety and excellence in action as the sole criteria for judging the moral quality of human behavior. Thus Islam provided a new foundation for intergrating the
warring tribes into an ummah. But in the process of achieving this objective, Islam did not altogether abolish the kinship basis of social cohesion, it only provided a new direction for conserving the collective energies of the nomadic tribes for higher and nobler purposes.
Ibn-Khaldlln, an eminent social philosopher of Medieval Islam speaks of two kinds of 'asabiyyah (social solidarity or group mind), name!y one based on tribal amiation, and the other on religious f a i t h 3 According to him, the fusion of these twin forces under the impact of Islam had galvanized the latent energies of the Arab tribes so that they were able to found an empire which was to last for a long period of t i m e 3 Translated in modem terminology, it means that national choesion (al- ittihdd al-qawmiy) and ideological unity (cl-ittihdd ali-jikriy) are th,P essential conditions of the Islamic renaissance. However, this approach involves insurmountable problems. On the one hand, it gives rise to the problem of resolving the dichotomy between the exclusive nationalism and the basic moral universalism of the Islamic ideology: on the other, it also creates difficulties in reconciling the conflicting nationalisms of the Arabs, the Turks, the Iranians, and the Indonesians and other Muslim peoples. Therefore, the foremost challenge which all Muslim peoples face today lies in their anxiety to resolve the fundamental contradiction between Islamic universalism and the new forces of nationalism in the Muslim world in the modem age.
In the light of the foregoing analysis, we are now in a position to reconstruct the definitions of these Qur'Inic terms in the modem terminology, and determine their political and social implications. The term jamii'ah in the sense of a group may have social connotations but has no clear-cut political implications. The expression qawm in the sense of people or folk has neither sociological nor political significance in the context of its Qur'iinic usage. But the term ummah has been used both in the sociological as well as political sense in the text of the Qur'iin. It approximates to the modem concept of community.32 According to the modem sociologists, the term community is applied to "a pioneer settlement, a village, a city, a tribe or a nation." According to Mclver, whenever "the members of any groups, small or large, live together in such a way that they share, not this or that particular, but basic conditions of a common life, we call that group a community."33 Three elements are essential in order to constitute a community: a degree of self sufficiency; a sense of social cohesion based on the bonds of community; and a locality reference. During the earlier stages of community-build-
ing at Medinah in the lifetime of the prophet Muhammad, all these elements were present. Gradually we notice that the concept of territoriality gives place to that of universality as the Arab Ummah was transformed into a world ummah with the establishment of an empire covering Arab as well as non-Arab peoples. This also corresponded with the transformation of the local Medinese content of Islam into a world view.
';4hd, 'aqd, and mi&iq
The millah is, thus, a specific form of ummah as defined above in so far as the former is founded on the basis of religious cohesion alone. Therefore, in a strictly political sense, it is quite possible that different religious communities may forge together a new political or social unity without destroying their own religious solidarities. Such a political unify can be created on the basis of a social contract which defines the rights and obligations of the contracting communities. The Charter of Medinah drawn up by the prophet Muhammad was in fact an agreement among the religious communities of Medinah3
The Qur'Bnic terms for a contract are 'ahd,3s 'aqd36 and mitJZq37. The idea of covenant was deep-rooted in the Semitic traditions, and consequently, it has been used in all its various senses such as with reference to a moral covenant of a primordial nature, covenant of a political character, and the idea of legal contract. Interpreted in terms of social contract theory,38 a convenant between a prophet and his followers created a millah, and a covenant between God and His devotees laid the foundation-stone of a moral order (din) among human beings, but a social contract among different religious communities gave birth to the ummah. Therefore, we may conclude that in Qur'Bn, Millah, din and ummah concepts are fundamentally based on the idea of covenant. Similarly, in Islamic jurisprudence, the idea of contract is well founded in matters of marriage, and commercial transactions.
Amanah and Wiliyah
In this connection one may also refer to the Qur'Znic terms-amEnah (trust) and wilzyah (responsibility). These terms have been interpreted to connote political authority in an Islamic state. Therefore, it might be useful to investigate their meanings in the context of the Qur'Hnic usage in order to determine their political implication. The word occurs in the Qur'Iinic verse 33:72: "We offered this trust to skies, earth, and mountains but they refused to undertake it, and were afraid of it but man accepted it, doubtless man is fearless and unaware."39 In this verse, the word
amdnah has been interpreted to mean the responsibility of enforcing the -sharl'ah (divine law). The ummah organized political authority in order to enforce the &ar16ah. Similarly, the term wilciyah has also been interpreted to imply the idea of political authority.40 At this stage, a fundamental question may be raised: who are the custodians of divine law? And what are divine laws? And again what are the procedures of legislation? A whole series of such questions may be posed for further investigation. On a philosophical level, it may involve discussion of the nature of prophecy in Islam. On a juridical level, it may lead to the exploration of relationships between divine laws, natural laws and positive laws in the course of the evolution of Muslim community. In a strictly political sense, it gives rise to the problem: at what point, and in what manner, does the concept of political authority emerge within the everevolving Muslim ummah.
The concepts of amdnah and wildyah seem to be consistent with the idea of covenant. Any convenant requires two parties. The question arises who were these parties? The ummah was founded on the idea of a primordial contract between God and Man.
Man surrendered his will to the will of God, and God in return promised continuous divine guidance to mankind through prophets. Thus Man became the custodian of divine laws which were given to him by the prophets. Another question may also arise: was it the prophet or the ummah itself which held the responsibility of enforcing divine laws? Or how does one demarcate the boundaries between the spheres of collective and individual responsibility41 in the maintenance of divine laws in the community?
Once the moral and psychological foundations of the ummah are laid on the basis of a primordial convenant, the next stage in the development of the ummah leads to the emergence of organized authority. In the formative stage, the prophet Muhammad himself remained the focal point of the ummah as a substitute for organized authority. For this reason people are generally misled to believe that the prophet ruled over the ummah by virtue of a divine ordinance. However, the fact remains that he was not a ruler, and his leadership of the community was simply a part of, or incidental to, his apostolic mission.42 But hi^ primary role was to receive the divine laws, exemplify them by his own behavior, and pass them on to the community as the collective trust of all its members. Therefore, during the life-time of the prophet, the boundary between his apostolic mission and secular leadership remained
vague and undefined. Naturally, therefore, after the death of the prophet, prophecy ceased and there arose no question of the possibility of succession to his apostolic mission. What then is meant by expressions such as khiliifat al-rasnl (successor of the prophet) or khiliifat-al-Allah (vice-gerent of Allah)?
- Khiliifah and Imiimah
The term kJiliifah and its numerous derivative forms occur frequently in the text of the Qur'gn, and in the great hadz'& literature, early historical records, and medieval legal manuals. It is used generally as a synonym of another Qur'gnic expression imiimah. Etymologically khilafah is derived from its root khalafa which means coming after some one.43 Technically it applies to the institution of choosing the successor of the prophet as the head of the Islamic community. The idea of succession inherent in this classical institution contains four important elements: (1) a predecessor; (2) a successor; (3) the object of succession; and finally (4) rights and obligations arising from succession. Tn elaborating the concept of khilifah, all these elements are to be defined.
In the process of examining materials on Caliphate, we generally come across two major expressionsk&Idfat al-Alluh, and k&liifat al-rasill. Two sets of theories can be reconstructed around these expressions. If we accept k&liifat aEAllah44 (vice-gerency of God) as the initial hypothesis for reconstructing a concept of political authority in Islam, then we shall get an altogether different set of answers in relation to the four elements mentioned above. It is Allah Almighty who is the predecessor in so far as the &alifah is the vice-gerent of God. Either the prophet himself or the community should be regarded as the successor. The object of succession would be either prophetic mission, or leadership of the ummah or both. The ultimate responsibility of enforcing the divine laws would vest with the kJalifah. The Islamic political theory based on such series of propositions woud necessarily presume four basic concepts: (1) the ultimate Sovereignty of God; (2) the vice-gerency of mankind on earth; (3) the political authority to be exercised either by the successor of the prophet or by the ummah; and (4) the enforcement of the -shari'ah (divine law) as the ultimate object of the political authority. In exploring Islamic political rationalizations of these concepts, we may find it very difficult to determine the ultimate focus of political authority in the ummah. In other words, it is difficult to say who is the ultimate sovereign of the Islamic ummah in the practical rather than strictly juridical sense. It is true that juridically God will be the ultimate sovereign.
But as He does not descend to the earth to rule Himself, he was wont to
send prophets who received divine laws, enforced them, and organized
the ummuh. Thus if we follow such a line of reasoning we may conclude
that the political authority in the practical sense rested with the prophet.
On the contrary, if we limit the role of the prophet as a messenger of
God, then the real political authority would lie elsewhere, i.e., it would
either rest with the successor of the prophet, or the ummah as a collective
organization, or the dari'ah as a core of divine laws. If we assume that
the authority lay with with the successor of the prophet, then it may
be argued that as the prophet's role was limited and had ceased after
his death, then there could be no successor of the prophet as the ruler of
the community. After dismissing these two propositions, only two other
valid explanations remain: (1) either the political authority rested with the
community as a whole or (2) otherwise it would rest with the dari'ah.
But the latter proposition can easily be dismissed on the ground that the
idea of tbe sovereignty of the -ah
cannot be sustained because it is
always subject to interpretations in the actual processes of legislation,
application and enforcement. Therefore, naturally, authority would
rest with those who are ultimately responsible for legislation, applica-
tion atld enforcement of the divine laws in the ummuh.
However, if we proceed with the hypothesis implied in the expression kJalvat al-Rasal (successor of the prophet), an altogether different set of propositions would follow. The prophet would be the sovereign as the ultimate law-giver; the successor of the prophet would hold political authority by virtue of succession; and finally the kJalifah would have the absolute and sole authority of legislation, application and enforcement of the &ariCah. The second hypothesis immediately leads us to the whole question of legitimacy. The &.?ah theory of Imimah seems to be more consistent in so far as it is well founded in the principles of continuation of divine guidance through infallible Imams and hereditary succession, resulting in the belief that the political as well as religious authority rests with the members of the family of the prophet. On the other hand, the Sunni theory of the k&lCfah categorically rejects these assumptions, and therefore, it is founded in the counter-assumptions which justify majoritarian rule. Although like the s i ' a h sect, the Sunnis also believe in prophecy, yet they do not believe in the idea of the continuation of divine guidance through the infallible ImZms, on the contrary. the Sunni theory emphasizes the contractual basis of the Hiltifah according to which the ummah has the right to choose him. The kJal$ah administers the &i'ah in consultation with the body of chosen repre-
sentatives of the ummah who are called ah1 al-hall w'al-'aqd.45 This body
was earlier known as the ah1 al-shizrd' which consisted of the companions
of the Holy Prophet. They are also described in the Qur'Hn as 'uli'l-amr
(those in authority). The Sunni theory also emphasized the theory of
14 3
ijmd' (majority or unanimous consensus of the ummah through their re-
These two different sets of theories of kJilSfah, namely the concept of a primordial vice-gerency of mankind on the earth and the institution of historical kJilifah, were confused with each other by the early traditionists, historians, and jurists in their endeavour to rationalize and legitimize the classical caliphate. Therefore, in order to reconstruct a theory of political authority in Islam, it would be necessary to sort out facts from fiction, theory from practice, and the ideal from the reality.
al-Dawlah (State)
Any effort to discover the concept of state as understood accord-
ing to modern political science is surely destined to prove futile in the
context of the Qur'Hnic terminology. According to the vocabulary of
modern Arabic, the term dawluh is used for state e.g. al-duwil al-'Arabiyyah
(Arab States).46 But we do not find any Qur'iinic term for state. In the
text of the Qur'iin, the term dawlah occurs but it is not used in the sense
of state, but rather is used figuratively to mean wealth, (although literally
it means something which changes hands in the sense of commodity of
exchange)47. Perhaps it was in this figurative sense that the term came
to be used for political authority which does not remain in one hand.
But the concept of state, according to modem political Science, refers
to an abstract juridical personality comprising the totality of elements
such as a people living within a definite territory, a legally constituted
government, and a supreme power within the society, and independence
from foreign control. Consequently we do not find any such correspond-
ing theory of state in Islam.
Al-siyidah (sovereignty), al-mulk (kingship)
The central concept of modem state system concerns the theory of sovereignty which distinguishes it from any other form of human. groups. The traditionally accepted definition of sovereignty has been given by Austin, according to whom sovereignty of the state resides in 4 a "determinate human superior48." Wherever we find such a determinate human superior, that group can be identified as a state. In modern Arabic terminology, the term al-siyadah derived from sayyid (chief)is used
for sovereignty.49 In the text of the Qur'gn, there are references to the term sayyidso in the sense of a tribal chief but we do not find any reference to siyzdah. We may conclude, then, that the term siyZa7ah is not used in the Qur'snic context at all, and as such had no relevance to Islamic political theory.
However, the term al-mulk occurs frequently in the Qur'zn. Literally it means kingship, sovereignty, ownership or lordship.51 A French orientalist, investigating the origin and development of the concept of almulk in the Qur75n,52observes that the word was perhaps of foreign origin, and was introduced by the tribes migrating from southern Arabia into the Arabic vocabulary of the Central Arabia. The institution of kingship was well established in the settled agricultural communities of southern Arabia. The southern Arabian kingdoms of pre-Islamic era were established under the direct influence of the Sassanid and Abyssinian empires3 The institution of kingship as practiced in Persia was based on the idea of hereditary succession and dynastic rule. The king exercised absolute, indivisible, and inalienable powers. He was not accountable to anyone, nor was he subject to any other power. This is the reason the Persian term for kingship is more specific, PiidiskZh and shZhinshZh in Persian language mean king, and king of kings respectively.54 Similarly, in ancient India, Mah6raja55 was used in the same sense, and samrZt56 was used for king of kings. These expressions imply the idea of a supreme political power which is vested in someone, and which continues in the same dynasty through hereditary succession. Consquently, the concept of kingship connotes a relationship of subordination between the ruler and his subject. The people do not have any rights against the king. Thus, the development of the institutionof kingship can be traced back to the ancient oriental concept, of sacral kingship.
In the text of the Qur7Bnthe word Mulk has been exclusively used for God Almighty. Of course, the word malik in the sense of king has been used with reference to Solomon and David and Tglilt also57. In the latter case, malik means prophet-ruler. With these two exceptions, the words mulk and malik always refer to Allah. Therefore, the terms are used in a unique sense in the Qur'zin. Such a usage is also quite consistent with the concept of deity in Islam which forms the basis of the Islamic political kheology. Allah is the creator, owner, and sustainer ef the universe. In this connection one may also refer to another Qur'Znic expression rzrb~lbiyyah.58 It is an attribute of God, and RZbb is one of the names of Allah. The concept of sovereignty is consistent with all these
attributes of God. Therefore, many Muslim thinkers have postulated that universal sovereignty belongs to no human being because it is the attribute of Allah alone. From this concept they derive the political theory of divine sovereignty. If God is sovereign over the entire universe, He should also be sovereign in the political sense.59
But we should keep in mind clearly the development of the theory of sovereignty in the western political thought in order to reconstruct a political theory of Islam. The term sovereignty and its other equivalents such as supremapotestats and majestas imply the idea of a supremecentral power in a human society. The emergence of such a supreme central power in Europe was occasioned by the growing impact of religious and political movements which militated against the diffused political power of the medieval European, political culture. Two revolutions ultimately brought about the major change in the concept and structure of political authority: (1) the Reformation which paved the way for the separation of the Church and the State: and (ii) THE INDUSTRIAL REVOLUTION transformed the medieval culture into independent integrated and cohesive national cultures. At fist the kings ruled by virtue of the doctrine of divine right, and therefore, exercised absolute political power. The emergence of nationalism as a mass movement shifted the focus of power from the kings to the people, and there followed a long struggle between the people and the kings. In this struggle, the people were successful in asserting their claims to sovereignty on the basis of social contract as the valid explanation of the origin of the civil society. As in the sphere of politics, the idea of popular sovereignty was gaining ground, similarly in law, the idea of nation-state was gradually emerging. These two strands of thought were fused together, and gave birth to the concept of state sovereignty.
During the classical and medieval periods of Muslim history, the Islamic community did not experience such a course of political development, consequently, the concepts of state and sovereignty did not evolve. These western political concepts made their inroads into Muslim thinking during the course of nineteenth and Twentieth Centuries when the Muslim world was exposed to the colonial domination of the European Powers. The medieval political institutions lasted until the Ottoman Caliphate was abolished in 1924, when modem Turkey, under the leadership of Mu~tafaKamd Ataturk, decided for the first time to overthrow the medieval institutions and organize the young republic along European lines, accepting its legal, political, and cultural values as
guidelines for her modernization. In the new constitution of Turkey the Turkish people were declared to be the sovereign, and the sixfold principles of secularism, nationalism, populism, etatism, revolution, and democracy were adopted as the instruments of national reconstruction. This new philosophy was a complete break from the past traditions. We have sufficient historical evidence to prove that in establishing a new political order, the Turkish elites, in the initial stages of the revolution, had attempted to rationalize their approaches of modernization in the Islamic terminology.60
In the light of the above discussion, we may notice that sovereignty in its modern political science sense is the most important attribute of the modem state. The modern territorial state must be independent from any foreign control and free from any limitations from within the com- munity . Such a concept of modern state is not compatible with the Islamic notion of sovereignty as enunciated above. According to Islamic belief, no human being nor any group of human beings can arrogate to itself the claim to absolute, permanent, inalienable, and indivisible sovereignty because Allah Al-mighty is the only sovereign over the entire universe, and has all the attributes of ultimate power. This implies that in an Islamic society the political authority is subject to the divine laws contained in the Qur'iin. The Muslim state is neither free to conduct its foreign relations, nor does ~thave the exclusive right to lay down its domestic policies, as its authority is circumscribed by the Qur'Snic laws. This further implies that the Muslim nations can not claim unrestrained political sovereignty. These deductions naturally follow from the idea that Allah Almighty is the sovereign of the entire universe and therefore, the Muslims, wherever they may be, have subjected themselves to the Sovereign will of Allah. Thus, belief in the Divine Sovereignty cuts at the very root of the traditional western concept of state sovereignty. According to Islamic belief there does not exist any concept which can accurately convey the idea of state. Similarly, the concepts of nationalism, democracy, socialism and capitalism as understood in the western context are completely foreign to Islam. This is the reason that we do not come across expressions and terms in the text of the Qur'Hn which correspond to these modern terms. Thus it may not be wrong to conclude that the terms sovereignty and mulk are not compatible. It may further be concluded that on the basis of these terms no consistent political theory of Islam can be reconstructed.
There is also the expression saltanat which is generally used for kingship and royalty, and the word sul~dnmeans the king.61 These ex-
pressions in this particular sense do not occur anywhere in the text of the Qur'iin. The words such as sulp?in, sultdnin, sultiinan, sulgciniyyah, and salaga occuring in the Qur'Pn generally mean either evidence, proof, or power.62 But the expression sul?dn in the sense of king or monarch came to be employed during the period of the Abbasid caliphate,63 The governors of the outlying provinces asserted their independence from the control of the reigning caliph. Their claim to autonomy, however, did not mean complete independence from the dejure sovereignty of the Caliph, but it implied exercise of defacto authority. Thus there was the concept of the &alrlfah.
Similarly, the Qur'Hnic terms a m , amiirah,64 and wali' al-amr65 carry definite political connotations. In the text, these expressions occur in all their numerous derivative forms. The word ainr is used in the sense of order, command, matter, and thing. Therefore, the term amir came to be applied to the Caliph as the commander of the believers (amir al-marnnin)66 In the Qur'Zn, the word amrun is used in third person plura1.67 Therefore, the Qur'inic expression, "Those among you who are in authority" has been frequently interpreted to imply reference to the rulers, still quite substantial majority of the Muslim jurists consider it a clear reference to the body of 'U1amG7.68 The governors of the provinces were originally called 'amil or 'urnmd,69 but later they came to be known as amiror umra.70 and thus the institution of governorate came to be described as amdrah.
In the Qur'gn, there also occurs the term hukm and its derivatives.71 These terms sometimes connote decision-making. But a closer exarnination of the terms would indicate that they are not used in strictly political sense of government or governors. However, once the word hukkdm (plural of hhkim)72 occurs in the sense of those who judge or rule. Thus the latter uses of these Qur'inic terms as they came in vogue had not much connection with their generic sense. The term hakama also occurs in the Qur'in and means judging.73 In this sense, the word was used even during the pre-Islamic era. In the pre-Islamic era, there was no organized code of laws. Therefore, in any case of dispute, the matters were referred to hakam who used to be an arbitrator rather than a judge. There was no concept of public justice during the pre-Islamic era, as such people used to seek private justice. The priests and kdhins (soothsayers) used to act as arbitrators in cases of disputes.74 Thus the institution of organized judiciary did not exist. The pre-Islamic practice was continued even after the advent of Islam at Medinah. But gradually this institution
of optional arbitration was replaced by organized judiciary. The difference between the two lies in the fact that the decisions of the qZdi are enforced by the ruling authority while in case of hakam, his decision is binding because of the prior agreement of the disputants. The transformation of the early hakam into state appointed judges marked a definite structural change in the political character of the loosely organized government of the early Islamic community.
-ShnrZ is another Qur'iinic term which has been pressed by the con- temporary Muslim scholars to rationalize modem democracy in Islam. -Shnrz means consultation, and it has been enjoinedby the Qur'sn to con- sult each other in conducting all their aEairs.75 The affairs of the community cover a wide range of activities, but at the same time exclude certain areas where there are clear-cut divine guidance in the Qur'iin. Similarly, according to the orthodox beliefs, those areas are also excluded from the sphere of &mi where we have guidance from the practices of the prophet. Similarly, many scholars would further limit the &miin case of the practices of the companions of the prophet, and even the decisions of the early jurist-consults who had codified the &ar16ah. The close associates of the prophet were called ah1 al-&mi, and they were those of the companions whom the prophet had consulted during the battle of Badr. For this reason some Muslim historians speak of them as ah1 al-Badr.76 This institution of &mi as practised during the life-time of the prophet was not an Islamic innovation, but was in fact the continuation of the pre-Islamic tribal institution known as al-nadawa. Alnaduwa was a tribal council which was composed of the elders of the tribe. Important matters of the tribe were decided by mutual consultations in the council. However, the tribal council was not formed on the basis of popular elections naturally because its structure was tribal. The heads of the families were represented as respresentatives of each kinship group. With the advent of Islam, this institution was reorganized on the foundations of Religious affiliations rather than on the principle of kinship. By demolishing the kinship foundation of the tribal structure, Islam brought about a major psychological revolution in the structure of the new community. Now each individual of the community, by virtue of his beliefs, became a full member of the community. The transformation of the tribal communalism into Islamic individualism created conditions for a new kind of popular participation in the deliberations of the Islamic community. The institution of &rii developed in the context of such an Islamic community. However, it seems that the -shnrn could not be organized effectively, and as such remained operative
only for a short period of time. With the re-emergence of tribal group feeling during the period of the Umayyads, therefore, the institution of early &arZ was gradually replaced by autocratic decision-making. However, &arZ provides a key Qur'Bnic concept for reconstmcitng Islamic political theory on the basis of popular participation. Ipi'at77 constitutes another important Qur'iinic expression which has been interpreted by the Muslim constitutional jurists to imply the doctrine of political obligation. The Muslim jurists have greatly emphasized the need for organized authority for preserving the cohesion of the community. According to them in the absence of an organized political authority, the dari'ah can no longer be enforced in the-'ummalr. Therefore, the &ari6ah cannot operate in a state of legal anarchy. Thus the urnmah cannot exist as a legal entity without the &ariCah. In order to maintain effective enforcement of the dari'ah in the umrnah it would be always necessary to have an Imam or &alvaIi. And it is always obligatory on the part of each individual believer to render unflinching obdience to the Iinbm or aalifah. The famous Qur'Snic verse: 'Obey God, Obey the prophet and those among you who are in authority' is78 cited by the jurists as the basis of the theory of ob!igatory obedience of the uminah to the aalifah. According to the exegists of the Qur'iin, the expression' those among you who are in authority' refers clearly to the _Khalifah. However, there are some jurists who do maintain that this part of the verse does not refer to the rulers, but it implies obedience to the decisions of the 'Ulamn' who are the real custodians of the &arPah. A paranoid concern for maintaining political status quo did lead many Muslim jurists to rationalize tyranny and despotism, and denounce any right of the people to take recourse to political resistance against illegitimate exercise of political authority by the caliphs and sultZns.79
For these reasons, the medieval jurists have neglected or deliberately overlooked to develop any theory of popular resistance to the reigniing Caliphs. The chapters dealing with this particular aspect are relatively short, vague, and confused. But a closer investigationof the Qur'gn shows that there did exist a concept of popular resistance against political authority. In fact Islam by itself was a great social, political and economic upheaval against tribalism, organized social injustices, and the idea of the absolute sovereignty of the kings. But in the course of history, great schisms appeared within the Ummoh centering around k&l&falz as a result of which the Muslim political theory developed on sectarian lines. The jurists of majoritarian ahl-sunnah wa'1jain~'ahcame to defend the political status quo, and on the other hand, the minority dissident sections
advocated revolutionary ideologies. The majoritarian doctrines, therefore, discouraged and suppressed revolutionary theories.
At this stage, perhaps, it might be useful to refer briefly to the terms such as al-kliuriij,~fitna,gl fasdd,82 and bagh'y.83 The terms al-fitna, al-fisdd and al-baghy provided materials for developingtheories of political anarchy, civil war, and rebellion. But the term al-Muriij came to be used for legitimate revolt. Therefore, in order to reconstruct Islamic political theory on the Qur'Znic foundations, it is necessary to define all these terms precisely in order to bring out clearly the fine distinctions between the concepts of anarchy, civil war, rebellion and revolt. Thus these concepts can be used as keys to a fresh re-interpretation of the early Muslim history in order to judge what great events would fall within the proper scope of the concept of legitimate revolt, and which other events could be classified as cases of disorder, civil war, and rebellion.
In connection with the discussion of the concepts of political resistance, civil war, disorder, and rebellion one may raise the question as to what is the relationship between these concepts and theory of Jihnd in Islam. If the Qur'Znic term JihEd is taken in its restrictive sense of fighting against the infidels, it has no relevance to the internal political conflicts of the ummah. But in its broader meaning it does include the idea of a collective effort of the community to preserve, promote and propagate Islamic values within the community itself. In this sense, perhaps, al-k&rnj (political resistance) against tyranny, drspotism, and corrupt rulers might be considered as a form of Jihnd.
After having done an extensive investigation of the Qur'gnic terminology, we are now- in a position to judge which of these t~p r m sare of relevance in order to reconstruct a coherent and logical theory of politics in Islam. Since the function of political theory is to explain the origin, nature, scope, and structure of political authority in any human group, in reconstructing an Islamic polltical theory, we are to choose concepts and terms which can directly or indirectly shed light on these different aspects. As Islamic politicd theory is necessarily based on thz fundamental theological doctrines of the Qur'gn, we can, therefore, construct two different sets of theories, namely, (1) political theology of Islam; and (2) political theory of Islam. In the first instance, the focus is on primary theological doctrines of the Qur'Hn such as monotheism, cosmology, eschatalogy, and ethics. However, the Islamic political theory founded in these primary concepts centers around the questions of who governs whom, and how. But unfortunately, Muslim political thinkers have
never distinguished between these two different levels of explanations.
Once we have made a distinction between these two sets of explanations,we
can thrash out two sets of terms, and two sets of concepts based on these
terms. The political theology of Islam is based on terms such as rabb, mrilk, &&ifah, riszlah, &ariCah,qiyiimah, jazz, 'Saza', niir and .jannah. On
the other hand, the Islamic political theory in the strict sense of the term
should be based on the terms of ummah, wilzyah, khalrlfah in historical
sense, amr bi'lma'riif ~vcni ahi 'mi? munkar, &nrd, ijtihdd, and ijmii' and
al-khurtij, al-fitna, al-faiid, al-baghiiy and al-jihdd. Tawhid (belief in the
oneness of God Almighty) is the central concept of Islam. Allah is the
creator (&iiliq), nourisher (rabb), and omnipotent (qiidir), and therefore,
He is the Sovereign over the entire Universe (Mulk). He created Adam
and placed him as the vice-gerent on the earth. The twin forces of &yr
(good) and &arr (evil) were unleashed simultaneously. The prophets
were the carriers of good, and the satan is the preacher of evil among
men. Man in his life on this earth is torn between these two polarities.
If he follows prophets, and does good in this life, he will be judged and
rewarded on the day of judgement when God will exercise his sovereignty,
but if he does evil and follows Iblis (satan), he will be punished and condem-
ned to eternal hell. In other words, Allah is the sovereign over the entire
universe, and mankind constitutes His subject, but He will exercise his
sovereignty on the Day of Judgement, and take account of everyone's
actions, and accordingly will punish or reward human beings according
to their deeds in this life. This is logically consistent if one believes in the
doctrine of Tawahid. Islam is, therefore, an act of faith in the sixfold
cardinal doctrines- tawhid (monotheism), risiilat (prophecy), a1 Qur'iin
(revelation), Yaum al-qiyamah (Judgement), 'a&irah (hereafter), jazz,
(reward) sazz. (punishment), al-niir (hell), and jannah (heaven). Islam
literally means submission to the will of Allah, and it can be achieved only
through imiin (belief) in tllese principles. The imiin (belief) involves two
definite stages of psychological transformation of every individual--(i) re-
jection of all other doctrines of faith, and renunciation of belief in any
other kind of terrestrial, cosmic, or supernatural power; and (ii) submis-
sion to the will of Allah as the only Creator, nourisher, and cherisher of
all that exists. Thus Islam, submission to Allah, raises the individual be-
liever from the lower levels of consciousness (which has been aptly des-
cribed by the Qur'Hn as the state of kufr or moral anarchy) to the higher
planeof Imiin. In this manner imiin provides a new principle of social
intergration. The community which emerges as a result of IslHm (sub-
mission) is described by the Qur'gn as the millah (community of faith).
The prophet becomes the centre of this community as the source of divine guidance. The divine guidance ceases after the death of the prophet. The prophet leaves behind two things: (i) his community: and (ii) the Qur'Hnic precepts for individual and collective conduct of the community.
After the prophet, a new phase begins. The community becomes conscious of its new psychic and social unity, and endeavors to enforce the Qur'iinic precepts in the community. This constitutes the beginning of their political consciousness as they start thinking in terms of organizing political authority. They elect among themselves some one who is competent to enforce the Qur'iinic precepts, and preserve the new social cohesion of the community. The new incumbent of the collective authority of the community is called the kJalifah. He is called so because he comes after the prophet but he is not a successor of the prophet in the legal or religious sense at all. He does not receive any kind of divine guidance nor exercise any of the functions or powers of the prophet. He is simply the nominee of the ummah, and as such is the custodian of the divine precepts in the Qur'iin. Therefore, the religious community is now transformed into a political community. The difference between the two lies in the fact that the religious community is controlled by the prophetic authority, and the latter is governed by the political authority created by the community itself. If one were to accept this thesis, it will be necessary to reject categorically the traditional view that the Caliph of Islam is the - khalifah of Rasnl or &al$ah of Allah. If we were to accept this view necessarily there must be some evidence that the kJalifah was nominated either by the prophet or Allah. But this is not historically established, The historical evidence, is, on the contrary, that the kJalifah was chosen by the community. Even if such a theory could be sustained, it would only corroborate the &'ah theory of the kJalffah, and it would disprove the sunni theory. The &?ah theory emphasizes on the principle of nomination of the kJalifah by the prophet and they believe in the theory of the divine guidance through divinely ordained Imams, but on the other hand, the sunni theory stresses the elective principle.
With the emergence of the political authority in the ummah, the latter attains the status of a political community. In view of this, the cardinal principles of the Islamic political theory may be re-stated as follows: (1) believers constitute a community of faith in Islam; (2) they have a code of moral precepts contained in the Qur'Hn and the examples of the prophet (3) in order to ensure the effective enforcement of dari'ah they organize the political authority by electing a competent man from
among themselves as their leader-the institution of the kJilGfar; (4) the chief cannot exercise absolute or arbitrary powers but he would be bound by the collective decisions through the instrumentality of the &irZ process; and lastly (5) the community has the right to impeach, and remove the ealifalz if he were acting against the interests of the community or were not fulfilling his responsibilities. These five principles, therefore, constitute the crux of a logical Islamic political theory.
In the light of the foregoing discussion, now we are in a position to state that the Qur'Znic terms: ummah, dari'ah, &rid,and &iij do have definite political connotations. Therefore, in the process of reconstruction of a consistent Islamic political theory, it is necessary to investigate these terms in depth in the context of the Qur'zn, the prophetic exemp lifications, and in the light of the developments during the classical and medieval Muslim history. The second logical step in the direction of such a reconstruction will be to examine these concepts in the light of the modern political thought, and finally to adapt them to the requirements of the modern age.
NBTES I. For a comprehensive methodological treatment of semantic problems. see Izutsu, Toshihiko, The Structure of the Ethical T e r m in the Koran. Tokyo, Keio University, 1959 particularly chapters II, III and IV are relevant. 2. Ahmad, Manzooruddin, ~aki'stan. The Emerging Islamic State, (Karachi, Allies Book Corporation, 1966) pp. 17-26. 3. Shah, Rev. Ahmad, Miftrihul Qur'iin. Part, I, Concordance of the Qur'dn, (Benares. E.J. Lazarus & Co., 1906) lists in all thirteen derivatives of jamci'ah which occur in the Qur'an; Jamci'ah meaning two groups occur in the Surahs- 'Imriin-3; 149,160, Infa-8:42, and Shu'arri'-6:61, and Jamri'a occurs in Taha-20:62, Ma'zrij-7:18, Hamza'-104-2, see p. 89, and for the meanings of these terms see the second part of the same work subtitled: A Complete Glossary of the Qurbn, p. 20, see another work by M h i Abdul Fad1Bin Fayyzz 'Ali bin Nawruze' 'Ali bin Hzji 'Al. S M z i , Gharib ACQur'iin f i Luqhdt al-Furqrin, (Hyderabad, Dominion Book Concern, 19471, pp. 64:65: see a more comprehensive work in six volumes by Nu'mani, Muhammad 'Abd-al-Rashid, (Delhi, Jadid Barqi Press, 1945). Vol. II pp. 253-254, according to Nu'mani Jamd'a also means Jami'ah (group) and troop, and he cites the Quranic verses 25:2,27:10,28:15;the most standard work in Arabic is by Isfahani, Raghib, ACMufiaddtu fi Gharib al-Qur'&, edited by Muhammad Sayyid Kilani, h4is;r. 1961. pp. 96-97. 4. The Prophetic traditions concerningjam'ah are numerous, and can be found under chapter heading al-Amdrah in the great hadith collections, see traditions under al' 'aimmatu in Wensick. A.E.. A Handbook of Muhammndan Traditionr. and see its Arabic translation by 'Abdul-Baqi, Muhammad Fuwad, Mrftdh KunCzaCSunnah,
Miy, 1937. p. 4, see also Mishkzt, Vol. 11. Chapter al-amdrah wal-qadci,panicularly traditions numbered: 3482; 3483; a fine theological discussion of these traditions is found in Aad, Abul Kalm, Mmala-i-Khilafat, (Lahore, n.d.), pp. 49-54. 5. Hughes, Dictionary of Islam. (London, W.H. Allen & Co., 1935) see under, S~mnni p. 623; for doctrinal differencesbetween the Slli'ah and Sunni sects, see Chyygan, Ali, Essai sur Listoire Du Droit Public Muslsman, Paris, les Editions DomatMontchrestien, 1934) pp. 44-48, see also Ahmad, Manzooruddin, Pakistan the Emerging Islamic State, pp. 39:41; see also Aghanides, N.P.. Mohamnledan Theories of Finance, (New York, 1916), p. 134. 6. Ibn Khaldiin, Muqaddimah. (Misr, Mustafa Muhammad Press, n.d.). p. 35; see Rosenthal's translation, The Muqaddimah, Vol. 1, (New York, Panthezon Books Inc., 1958). p. 89. 7. Menahem, Man~oor,English-Arabic Dictionary of Political Diplomatic, and Conference Terms, (New York). 8. Shah, Rev. A m a d , Mifrril!al Qnr'rin, Part I. p. 169-170, see its meaning in the part I[, p. 77 the tern is translated into people see, also IsfahHni, RBghib, al-Mufradat, pp. 416-418. 9. IsfahHnT,al-M~rfraddtp,. 416. W). Op. cit., Shah, pp. 'ABd, 139, Thamiid, p. 85, Niih, p. 223. 11. li qwamin ta'qihila, intelligent people, Surah al-Baqrah 2:164; al-qawm al-rilimjn, Surah al-Ana'rim 6: 144: alqawm al-mujrimin, 6:147; qawmun mnsrifan, Surah el-Arocif7:81;qawminkcifirpn. 7:93;al-qawn~a1 kluirircn, 7:99; li qawmin yimunfin, 7203. 12. Surah al-Mri'idah, 5:ll. 13. Si~rahaCTawbah, 9:39. 14. op. cit, Shah, Rev. Ahmad, Part I, p. 202 15. Op. cit, IsfaGni, Eghib, p. 47472. 16. Ibid, p. 471. 17. Ibid., p. 472. 18. Aghanides., N.P., Mohammedan Theoriesof Finance, (New York, 1916) p. 133. 19. Op. cit., Isfabni, RBghib, p. 23 see a perceptive article by Massignon, "L'umma et ses synonymes: notion de'communaute social' en Islam, "Reveue des Etudes islamiques, (Paris, 1941-1946) pp. 151-157; see also another article by Watt, "Ideal Factors in the origin of Islam", The Islamic Quarterly II No. 3 October, 1955).,pp. 161-174. 20. The Qur'in, Surah al-Baqara, 2-134 3. The Qur'Bn, Surah al-Nahal, 16-36 22. The Quw'n, Surah al-An'rim, 6:38 23. Watt, M., Muhammad at Medina, and also see his, Islam and the Integration of Society. 24. The Qur'zn, Surah al-Baqarnh. 2:143 25. The Qur'en, Surah al-Baqarah, 2; 213
26. Ahmad, Manzoorudd:n, Pakistan......Islamic State, p. 20
27. Roberts, Robert, The Social Lows of Islam. (London, Williams and Norgate, Ltd.,
1925, p. 4; an exhaustive discussion concerning the tribal hierarchy may be found in
Tyan, Emile. 1R Califat,. Beyrouth.
28. Zaydzn, Jwji, Umayyads and 'Abb&sids (trans. by D.S. Margoliouth). (Leyden, E.
J. Brill, London, Luzac & Co., 1907), see Introduction, pp. 3 4
29. The Qw'en, Surah al--Hujurcit.49; 13; see also Isfah~nia, l-Mufroddt p. 261. 30. Ibn KhaldEn, (Kosenthal's translation), Muqoddimah Vol. I, pp. 319-230. 31. Ibid., pp. 320-32; see also Rabi', Muhammad Mahmound, Thepolitical Theory of Ibn Khaldun, (Leiden, E.J. Brill, 1979 p. 58, for a more detailed discussion, see Rosenthal, E.I.J., Political Thought in Medieval Islam. (Cambridge, University Press, 1958). pp. 95-97' 32. Op. cit.. Ahmad, Manzooruddin, Pakistan......Islamic State p. 19.
33. Mclver, R.M., Community (London, l928), p. 22. 34. Toqrib aCSirah aCNabawiyah li-Ibn Hishim. (Ed),. al-Shabrwai, Muhammad bin 'Abd al-'AzTz Ismii'il, (Mi~r,1961)., pp. 201-204.
35. Op. cit.. Shah, Ahmad, Miftrihul Qur'rin. part I , 151;Isfah~nlR, Sghib, AI-Mufroddt. p. 35Q. 36. Ibid., p. 145; Isf-i, Riighib, AI-Mufraddl, p. 341.
37. Ibid., p. 211.
38. Ahmad, Ily~s,Social Contract and the Islamic State. Allahabad, Urdu Publishing
House, 1940)., and Khadduri, M. also discusses the theory of contract in his War
and Peace in the Law of Islam, (Baltimore, Johns Hopkins Press, 1955), see his
39. The Qur'a, Surah AI-Ahzrib, 33: 71, for other references please see Shah, Ahmad, [email protected] Qurrin. part I, 37.
40. The Qur'a. Surah AI-Kahaf, 18:44. see Urdu Translation of the Qur'zn with annota- tions by Daryabadi, 'Abd-al-Msjid, Vol. 4, p. 610, footnote No. 64; for a detailed discussion of the concept of wilriya see A w d , Manzooruddin, Pakistan.. .... Islamic State, pp. 29-30.
41. In Muslim Law a distinctioil is made between fa$ ktyiya (collective responsibility) and far$ 'ayn (individual responsibility).
42. For a discussion of this point, see Reziq, Ali 'Abd al, AI-Islam wa Usul aCHukm, pp. 39-80: see discussion of his views in Ahmad, Manzooruddin, Pakistan...... Islamic State, pp. 63-64.
43. Isfahini, Rzghib, ACMyfroddt, p. 156.
44. Ibn Khaldiin, The Muqoddimah, Vol. I, p. 389.
45. Perhaps, for the first time the expression ahlaChall wa'l-'aqd was used by Abul Hasan 'Ali Ash'ari in Kitribul IbrZnah (Hyderabad, Daeccn, 1938). p. 79, it was used in place of the earlier phrase ah1 al-Shira, but it was for Al-M~wardito eleborate the concept in legal terms.
46. Jami'at A1 Duwal al-'Arabiyah, Ma'had al-Diriisat al 'Arabiyah al-'aliya, Wathg'iq
wa Nusus DasPtir a1Bilfd al 'Arabiyah (Cairo, 1955); sec also Menahem, Man?oor, . English-Arabic Dictionary.. ...
47. Isfahihi, Raglib, ACMufraddt, 174175. 48. Ahmad. Manzoorudd'n. Pakistan......Islomic State, p. 25.
49. Op. cit., Jam'iat al-Duwal al-'Arabiyah, sec the preamble of any constitution, see also Menahem, Mansoor. Ehgkrh-Arabic Dictionary.
50. The Qur'an, Sfirah Yfisuf. 12:25.
51. Shah, Rev. Ahmad, Miftdhul Qur'dn Part 1, p. 202,also see for different meaning
and uses in the Qur'an, Id-,
Raghib. ACMufiodrit, pp. 472-473.
52. Ryckrnams. J., L'Imtitutiom Monarchique en Arabia avant 1'I.dam. (Louvaim, 1951). 53. Amold,.T.W., i7x Caliphate, (London, Routledge & Kegan Paul Ltd. 1965). Reissued, see Appendix E, p. 203.
54. It is a Sanskrit word which means the Great Kings. 55. It is also a Sanskrit word which means the king of kings. 56. For Solomon see the Qur'zn, Surah al-Baqarah,2;102;for David see 2;2251;for T~luts, ec 2;247. 57. For detailed discussion see Maudiidi, Abul 'Ala, AI-Mugalahdt arb'dhfi al-Qur'dn. al-ilrih, al-rabb, al-ibddah, aldin.
58. Ahmad. Ilyzs, Sovereignty Islamic and Modern, (Karachi, The Allies Book Corporation, 1965) is, perhaps, the most exhaustive but unsystematic treatment of the subject by a traditionalist political scientist in Pakistan. The author was the Chairman, and professor of Political Science Department of Karachi University. 59. Ahmad. Manzooruddin, Pakistan...... Islamic State, pp. 57-61see also a new Chapter in the new edition of Arnold's The Caliphate cited above by Sylvia G. Haim entitled: "The Abolition of the Caliphate and its Aftermath", pp. 205-218. 60. Op. cit., Arnold, see Appendix D. pp. 202. 61. Shah, Rev. Ahmad, Mifrdhul Qur'rin, p. 123, for meanings in the Qur'ln sec Isfahani. Raghib, AI-Mufraddt. p. 238.
63. Shah, Rev. Ahmad, Miftdhul Qur'rin, pp. 37-38. 64. Walitl-Amr means one who has authority. see its plural form ulil-amr in the Qur'gn, Surah 01-Nisd', 458. 59. 65. Op. cit., pp. 31-32. 66. Shah. Rev. Ahmad, Mi/lahul Quran. p. 38,Surah al-Tawbah, 9:112. 67. A-d, Manzooruddin, Pakistan......Zslomic State, p. 27. 68. Zbid., p. 34,' h i 1 means official, and 'urnmil is the plural.
69. Chaygan, 'Ali, Essai sur L'histoire du Droit Public Musulman, pp. 65-72. 70. Shah, Rev. Ahmad, Miftdhul Qur'dn, p. 95,see Isfahani, Mghib AI-Mufiadt, pp. 126-128. 71. The Qur'an, Surd al-Bagarah,2:198 in the sense of ofticid. It may be noted that it is from this word that the term hdkimiyat is derived in Urdu, and is usad in the sense of ?overeignty in its legal sense.
72. The Qur'an, Surah al Nisti' 4; 35, 58. 73. Tyan, E., Historire de I'organisation j~rdieiaireen poys &Islam. 2 Vo1.s.. see Vol. I. (London, 1943). 74. The Qur'zn, Surd s i r & 42:33, see Isfahiini, Riighib, al-Mufraddt,p. 270. 75. Ibn Qutaibah, AI-Siydsah wa'l-Imdmah, (Mi~ra, l-FutGh al-adabiyah, n.d.), Publi- shed by Mubarnmad Mu~fafaFahmi, p. 41 uses both expressions together as ahlal-&ira wa ahl-al-Bad. 76. The Qur'gn, Surah at-Nirri', 4:80. 77. The Qur'zn, Surah al-NisrS, 459. 78. Isfahani, Rgghib, AI-Mufiraddt.. p. 145-146 see under kharaja. 79. hid., pp. 372-372. 80. Ibid., pp. 379-380. 81. Ibid., pp. 55-56.


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