http://www.arabnews.com/?page=5§ion=0&article=116984&d=8&m=12&y=2008&pix=islam.jpg&category=Islam
Friday 5 December 2008 (07 Dhul Hijjah 1429)
Muslim government
Adil Salahi, Arab News
Is it correct that under the Islamic system, the government's remit
applies only to crimes committed against other people, and that it has no
jurisdiction over crimes and sins committed against God? Is it also correct
that the government cannot order that doors be forced open to check if sins or
crimes are being committed in secret, behind closed doors, even though such
actions involve more than one person?(S. Abd Al-Raheem)
From the Islamic perspective, offenses are classified in three
categories. There are offenses purely against God, and offenses against God's
servants, or creatures. The third category is that where the offense violates
the rights of God and creatures. This last type may be subdivided into offenses
where the violated rights are mostly those of God or mostly those of other
creatures. As Islam values people's freedom and ensures their right of choice,
the offenses against God's rights are left to God to deal with. There is no
prescribed punishment for violating such rights. Take for example the case of a
person who does not fast in Ramadan. No one can ask him or her why they are not
fasting, provided that the offense is kept between that person and God. Should
that person eat or drink in public during the fasting hours, then he is
committing an added offense, with the publicity of his offense against God.
This publicity is counted as an offense against God and His servants. The
government can take measures to prevent such publicity. If a person is known
not to fast, the government cannot monitor his behavior at home, or in the
privacy of his workplace, if he has a private office.
What we need to understand is that freedom and the right of choice are
given paramount importance in Islam. God states in the Qur'an that no
compulsion is admissible in matters of religion. (2: 256) Giving instructions
to the Prophet, God says: "Say: The truth (has now come) from your Lord. Let
him who wills, believe in it, and let him who wills, reject it." (18: 29) If
the most essential aspect of faith is left to the individual to choose, can we
imagine compulsion being used to ensure that a person prays or fasts?
It goes without saying that the government in the Islamic system has an
obligation to ensure that everyone's rights are protected. Therefore, it has to
intervene to prevent offenses on other people's rights, or to ensure redress
when such offenses have been committed. In his first speech after being chosen
to succeed the Prophet, Abu Bakr said: "The weak among you are given my support
until I ensure that they get their rights, and the strong among you are given
no power until I ensure that the rights of others are not violated." This sets
a manifesto of Islamic government, ensuring the rights of every individual. A
Muslim government is required to take measures to ensure that offenses are
prevented while the rights of individuals are ensured. There must be a balance
between the two. Sometimes individuals have to forgo some of their rights to
ensure the common good. At other times, rights of individuals are given
priority, even though this may result in a sacrifice by the community. Islam,
for example, does not allow injustice. In order to ensure that justice is done
for everyone in Muslim society, including its non-Muslim members, the community
may have to sacrifice something.
Forcing doors open to check on people is contrary to Islamic principles.
God says in the Quran: "Do not spy on one another." (49: 12)
