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Monday, 9 October 2017

State and Majority Will of the People (2)




In this part we would see how strong state and non-state institutions may be developed in a Muslim society generally and in Pakistan particularly. In part (1) we have seen that all state and non-state institutions in  Islam have to be in line with  implicit will of the majority Muslims.  No state or non-state institution has right to dictate/ rule the other state or non-state institutions in violation of  majority will of the Muslims, and majority will regarding any state or non-state institution would be determined through whether or not creation of such state or non-state institution was approved by the implicit will of the majority Muslims.  A government- which is only one state institution among many other state or non-state institutions- cannot rule/dictate other state or non-state institutions, in violation of majority implicit will of the Muslims; if government dictates/rules other state or non-state institutions in violation of majority implicit will, such rule would be called ‘Dictatorship’.  If a government acts in violation of majority implicit will of the Muslims, such government would cease to represent the Islamic state and the Islamic state would stand transferred from such government’s hands to hands of majority Muslims because an Islam state is the second name of majority will of the Muslims. In other words, if we want to establish an Islamic state, we would have to ensure that the government – which is itself a state institution- should not dictate/rule other state or non-state institutions in violation of majority implicit will of the Muslims; and if we want to keep the government away from such violation of majority will of the Muslims, we would have to establish strong state and non-state institutions.

We have seen in part (1) that majority will which approves creation of state or non-state institutions is actually implicit majority will of the Muslims/ people. Even if an institution is created by explicit will of the people, each and every individual of a nation does not participate in creation of whole institution. For instance, every single voter may vote for electing a single member of an assembly, but every voter cannot elect every member of the assembly. However all voters, if they approve election of all members of the assembly, may grant their implicit consent for creation of such assembly. In the same way, it is majority Muslims’/peoples’ implicit will which approves creation of all state and non-state institutions though every individual of the approving majority has not participated in the creation of those state or non-state institutions.  In other words, majority will of the people/ Muslims is actually majority implicit will of the Muslims/ people. It may also be appreciated implicit will of the people/ Muslims does not necessarily mean that implicit will is in line with true aspirations of the people/Muslims. I mean it is quite possible that people/Muslims are giving implicit approval for something but that something is not fully in conformity with aspirations of the approving people. For instance we vote for a candidate whom we do not like fully.

There is no second opinion that state or non-state institutions survive on the peoples’ active support. In order to enable state or non-state institutions to avail active and fully peoples’ support, such institutions should be in conformity with the peoples’ aspiration so that people/Muslims may protect such institutions from dictatorship of the government, or if state, in case of the government’s violation of majority will of the people, is shifted into hands of the majority people/ Muslims, the people/ Muslims should be willing to restore the state in its original form (and such a process is more likely to be peaceful); otherwise, people may proceed to rebuild the state according to their aspirations, instead of  restoring it  in its original form, and such a process is more likely to be violent. In short, strong institutions in a state or society can be developed only if such institutions are in conformity with aspirations of the people.

In case of Muslim states, state institutions, though are based on implicit majority will of the people, are not according to religious aspirations of the people. In order to make state or non-state institutions strong ones in an Islamic state/society, such institutions have to be in conformity with religious aspirations of the Muslims.

In the following lines we would discuss how strong state and non-state institutions may be established in a Muslim society generally and in Pakistan particularly.

In economic field the greatest challenge faced by Muslim societies is how to get rid of interest and establish an interest free economy. Amazingly Allah has Himself given a solution of the problem. The following verse tells how interest free economy may be developed. Allah say:
 “Allah diminishes interest and gives increase to charities/ ‘sadaqat’. And Allah does not like every sinning disbeliever” (Al-baqra-276).
This verse tells us that Allah takes away His blessings from ‘interest’ and adds His blessings to ‘sadaqat’; it means interest system can be destroyed by adopting system of ‘sadaqat’ (this interpretation has been taken from Prof. Ahmad Rafique Akhtar and I agree with it).
Therefore the best way to get rid of interest based economy is to establish ‘sadaqat’/ charities based economic system. For the purpose, the government may establish a ‘sadaqat’ bank which should extend interest free loans to the needy people. The sources of funds of the ‘sadaqat’ bank should be peoples’ sadaqat deposited with the bank along-with the government’s contributions. But the problem is people do not trust governments; they would not deposit their sadaqat/ charities with such a bank which is a state institution. This problem may be solved by making the bank a public private partnership.
 Already in the article https://secondriseofislam.blogspot.com/2013/04/institutionalization-of-positive-social.html we have seen that the best performing state institution may be constructed by combining the state institution with a non-state institution. This process is what we call in modern terminology as public private partnership. In the same article we have also seen that state institutions are always vested with legal powers and non-state institutions are those which are not vested with legal powers. One way of making partnership between state and non-state institutions is to vest the non-state institution with duties to oversee the working of the state institution along with providing required input; but confining the legal powers of decision-making to the state institution only. Another form of partnership between state and non-state institution may be to vest the non-state institution with the functional decision making (relating to functions of the institution) whereas leaving the legal powers with the state institution. 

In order to mitigate peoples’ distrust in a state institution, the proposed ‘sadaqat bank’ may be made a public private partnership leaving all functional decision making with the private directors, and leaving legal powers with the official director only to the extent of maintaining accounts according to official parameters and making recovery with the consent of the private directors. The private directors of the bank may be drawn from top philanthropists having work experience in the relevant field. What is more important is the ‘sadaqat bank’ should work more like a social welfare organization and lesser as a state institution. Once established and start working successfully, such bank would have no dearth of funds.
People would like to deposit not only their ‘sadaqat’ but also their zakah funds with this bank and such zakah funds may be disbursed to the specified classes but  for the specified purposes i.e. income generating purposes. The main focus of ‘sadaqat bank’ should be elimination of interest from the economy; for the purpose, the main target of the bank should be to set up petty, small and medium businesses through lending interest free loans. It may be appreciated that, though beneficiaries of zakah are specified, the beneficiaries may be bound to consume the loan funds for income generating purposes/ businesses.

One of the categories for which zakah funds may be utilized is 'fee sabilillah'. For this category of zakah utilization, beneficiaries are not essentially specified; for instance if I fix a tube-well 'fee sabilillah' for people to drink water, the water may be used by the poor as well as the rich people. That means in this case beneficiaries are not specified. Under this 'fee sabilillah' category of utilization of zakah funds, we may disburse zakah funds for elimination of interest- elimination of interest is very much 'sabilillah'. In other words we may utilize zakah funds for elimination of interest by setting up petty, small and medium businesses through lending interest free loans to the poor as well as not poor people.  I think there is no harm in disbursing zakah funds through loans; because Quran and Hadith do not bind to transfer ownership of zakah money to the beneficiary ( particularly we cannot transfer ownership to the beneficiaries in many cases of utilization of zakah funds for 'sabilillah') though ownership may also be transferred in cases where we can do it; but transfer of ownership is not compulsory. However ownership of contributor would be ceased, after he has deposited his sadaqah/zakah with the proposed 'Sadaqah Bank'. The beneficiary of sadaqat other than zakah are not specified; such funds also may be loaned to set up small and medium businesses or to small and medium businesses  already established (continued).









Saturday, 7 October 2017

State and Majority Will of the People (1)



  
We have seen in the article https://secondriseofislam.blogspot.com/2017/09/decision-making-and-qattal-by-islamic.html that decision making by an Islamic state has to be made on the basis of majority will of the people. The principle of majority has been given sanctity in Islam (if decision reached at is not contradictory to Quran and Hadith). But what is to be noted is that people’s participation is a must to constitute a majority; majority cannot be formulated without participation of all (at least majority) people in the process. In other words, a majority emerged without participation of at least majority people in the process would not be a majority given sanctity in Islam. It means in order to avail blessings attached with the majority (of  Muslims), Muslims are obliged to formulate majority by taking part in the process of decision-making, directly or indirectly, through the political system. In other words, decision-making is a sacred trust given to Muslims which have to dispense with this trust by constituting majority in the process of decision-making. Islam makes it compulsory for the Muslims to take part in the process of decision-making through formulating majority under the political system.

 In the same articles, we have also seen that majority will of the people has to be operated on the basis of Quran and Hadith. It means Muslims may opt for one of the solutions presented on the basis of Quran and Hadith; but Muslims are not allowed to opt for a solution which is contradictory to Quran and Hadith.  If issue cannot be resolved on the basis of  knowledge of Quran and Hadith (due to any reasons), the matter would be referred to men of piety and knowledge. It may be appreciated it would be the majority Muslims who would implement the decision rectified by the  men of piety and knowledge (who would be majority of men of piety and knowledge); the  men of piety and knowledge themselves, if they are in minority or lack support of majority people, cannot implement the decision on their own, violating the will of majority people. The implementation of decisions in an Islamic state is responsibility of majority Muslims through the state. Quran says:
“[And they are] those who, if We give them authority in the land, establish prayer and give zakah and enjoin what is right and forbid what is wrong. And to Allah belongs the outcome of [all] matters” al-hajj-41).

The words " if We give them authority in the land" means this verse is about a state. This verse explains two things clearly. Firstly, it makes it clear that one of the basic duties of an Islamic state is to establish such society which is based on enjoining the right and forbidding from the wrong so that a society based on principles of equity and justice may be established. In other words- social, legal, economic, educational, political systems- in short all systems in Islamic state have to be based on principles of equity and justice. For this purpose the state is advised to constitute a special group of people; in modern age such a group of people may be called institutions. “And let there be [arising] from you a group inviting to [all that is] good, enjoining what is right and forbidding what is wrong, and those will be the successful” (al-imran-104). Secondly, this verse makes clear that Islamic state is to be run by majority Muslim people. The addressee of this verse are Muslim people/ nation collectively; it means at least majority Muslim people/ nation would control the state.

In short, it would be responsibility of the state to implement the decisions aiming at establishment of a society based on principles of equity and justice, and it would be majority Muslims who would control a state. In other words, an Islamic state is what is majority will of the Muslims.
 There is difference between a state, a government, and majority will of the Muslims. State is collection of many state institutions; government is only one state’s institution. If government acts according to majority will of the Muslims, it would be considered as representing the Islamic state; if government does not represent majority will of the Muslims, the state would be shifted from the government’s hands into the hands of majority Muslims, because an  Islamic state is what is majority will of the Muslims. But it may be appreciated majority will of the Muslims operates through the state institutions as well as non-state institutions. In other words, majority will of the Muslims is what is operated through the state institutions as well as through non-state institutions (state institutions are those which are vested with legal powers; non-state institutions are not vested with legal powers). In other words,  the determinants of majority will of the Muslims are not only state institutions but also all non-state social organizations like family institution, teaching institutions, ‘masajid and madaras’, think tanks, community organizations, social welfare organizations, commercial and trade organizations, , professional organizations, workers organizations, political organizations, in short all kinds of non-state social organizations. A government would be considered as representing the Islamic state, if it acts according to the majority will of the Muslims determined through all state institutions and non-state social institutions because a state is what is majority will of the Muslims; otherwise government would be no more considered as representing the Islamic state and the state would be shifted from the government’s hands to the majority Muslims’ hands- it means legal powers of the state would be transferred to the majority Muslims.  

A state is collection of many state institutions. Some institutions are elected and some are non-elected. Elected state institutions are based on explicit will of the Muslims; whereas non-elected state institutions are based on implicit will of the Muslims. Similarly non-state institutions are based on explicit will of the Muslims, if they are elected institutions, and they are based on implicit will of the Muslims, if they are non-elected institutions.But it may be appreciated state or non-state institutions-whether they have been created through explicit will or implicit will of the people- have to be approved by the Majority implicit will of  the people/ Muslims. The  majority will which approves creation of state or non-state institutions is actually implicit majority will of the Muslims/ people. Even if an institution is created by explicit will of the people, each and every individual of a nation does not participate in creation of whole institution. For instance, every single voter may vote for electing a single member of an assembly, but every voter cannot elect every member of the assembly. However all voters, if they approve election of all members of the assembly, may grant their implicit consent for creation of such assembly. In the same way, it is majority Muslims’/peoples’ implicit will which approves creation of all state and non-state institutions though every individual of the approving majority has not participated in the creation of those state or non-state institutions. In other words, majority will of the people/ Muslims is actually majority implicit will of the Muslims/ people.
Non-elected state institutions, which are created through implicit will, have to perform the functions assigned to them through the Majority implicit will of the Muslims; Majority implicit will would be determined through whether or not creation of such non-elected state institutions was approved by implicit will of the majority Muslims. Once approved by the implicit will of majority Muslims, the non-elected state institutions are not to be dictated by any other state institutions, not to be dictated even by the political government- which is itself only a state institution- because foundation of these non-elected state institutions is the same majority implicit will of the Muslims, which is the foundation of other elected or non-elected state institutions. But it does not mean a non-elected state institution cannot be made answerable to any other institution; it may be made answerable to a specified institution in a specified manner, if it violates the laws under which such non-elected state institution is to work. Implicit will of majority Muslims/people is actually functioning of an institution according to law as approved by the implicit will of majority people/ Muslims.
Political government, being only one elected state institution among all other  state and non-state institutions, is not authorized to dictate/ rule other state or non-state institutions, in violation of majority implicit will of the Muslims; the rightful role of the political government is to oversee and ensure that all state and non-state institutions are performing their functions according to the laws. In other words, a government’s job is to ensure that all state and non-state institutions are performing according to majority implicit will of the Muslims.  A government, in order to be rightful representative of the Islamic state, has to act in line with majority implicit will of the Muslims. If political government acts in violation of majority implicit will of the Muslims, it would be no more rightful representative of the Islamic state; and the state-along with its legal authority- would stand transferred to the majority Muslims.

In Islam there is no room for dictatorship.  Dictatorship is a situation where a state institution or a non-state group or institution takes over the state and starts ruling/dictating the other state or non-state institutions, in violation of majority implicit will of the Muslims. It means a dictatorship is not necessarily a military rule; a political government- which is a state institution among all other state and non-state institutions- can also establish its dictatorship by dictating/ ruling other state and non-state institutions, in violation of majority implicit will of the people.
A government's role is actually to divide the state's powers among the state institutions; it means there are many states within a state. A government's duty is to ensure that division of state powers among the state institutions is not violated; if government violates such division of state's powers by dictating/ ruling other state institutions,  it would be called government's dictatorship. Such dictatorships in states including Muslim states are, in fact, a tool in the hands of international establishment which controls such states through such dictatorships. If state institutions and non-state institutions are powerful, they would resist dictatorship successfully and foil nefarious designs of international establishment whose agenda is to exploit the world’s resources in their favor by hook or by crook (continued).




Saturday, 30 September 2017

Nature of ‘Wahe Ghair Matlu’



                 

                       

We have already seen in the article  https://secondriseofislam.blogspot.com/2011/09/wahi-and-intuition.html    that wahi revealed to a ‘Rasool’ and revealed to a ‘nabi’ (a.s) are different not only in the form  but also in the medium through which these ‘wahi’ are revealed. ‘Wahi’ to a Rasool is initiated through Hazrat Gabriel (as) or directly by Allah. When ‘wahi’ is revealed to a Rasool through Hazrat Gabriel (a.s), it is revealed  in the form of Book,  and in the form of Allah's Words [it is the basic identity of a Rasool that he is given Book/'saheefa'(ale-Imran-184)]. When ‘wahi’ to a Rasool is revealed directly from Allah without any Angel, it is revealed in the form of Allah's Idea translated into words by the Rasool himself.

‘Wahi’ to a 'Nabi' is initiated always through Hazrat Gabrael and in the form of Allah's Idea translated into words by Hazrat Gabrael (e.g. Hadith e Qudsi) or by the 'Nabi' himself (Hadith e Nabi). A Nabi may also be given a portion of a Book to be revealed completely to a Rasool, but this partial Book revealed to a Nabi is  not in the form of Allah's Words; rather it is revealed in the form of Allah's Idea translated into words by Gabrael or by Nabi himself (al-Imran-81).

In the article https://secondriseofislam.blogspot.com/2013/02/types-of-wahi-and-sunnah.html we have seen that, in case of prophet who is Rasool and Nabi combined, the ‘Rasool’ receives complete Book through Gabriel (as) in the form of Allah’s words, and being Nabi receives, in respect of the Book he receives, Allah’s Ideas/ ‘wahi’ which is translated by Gabriel (e.g. Hadith e Qudsi) or the Nabi (as) himself (e.g. Hadith e Nabi). Such a 'wahi' received as a Nabi by a 'Rasool' and 'Nabi' combined and translated by Rasool himself has been called as 'words of Rasool' (al-haqah-40); and such a 'wahi' translated by 'Gabriel' has been called as words of Gabriel (al-takwir-19). Such ‘wahi’ received as a Nabi by a ‘Rasool’ and ‘Nabi’ combined OR received by 'Rasool' directly from Allah without mediation of Gabriel is called Sunnah/Hadith of that ‘Rasool’/Nabi. In other words, Sunnah/Hadith of a ‘Rasool’/Nabi is Allah’s ideas/ ‘wahi’ regarding the Book revealed to him; Sunnah/Hadith is the interpretation of Allah’s words/ Book revealed to a Rasool; such interpretation is done either by the 'Rasool' himself or by Gabriel and is based on 'wahi' sent by Allah.

In the article https://secondriseofislam.blogspot.com/2016/09/following-allah-and-following-rasool.html we have seen that there is difference between  obeying (ata,at) and following (itba,a). Obeying is related to commandment; whereas following is related to every act/saying whether commanded to obey or not. We are under obligation to obey Allah but we are not under obligation to follow Allah. The reason is simple; we do not have capability to follow Allah. However we are to obey Allah through following Allah’s ‘Wahi’. But we are  to follow our Nabi ; it means we are  to follow our Nabi () in all his acts/sayings/qualities- whether we have been commanded to or not to obey such acts/sayings/qualities of our Nabi () -except those which have been explicitly prohibited to be followed.

In the article https://secondriseofislam.blogspot.com/2016/12/nabuwwat-and-its-functions-in-light-of.html we have seen that      the basic function of nabuwwat is always to interpret Kalam ullah i.e. revealed Book.  This interpretation of Kalamullah is done by the respective nabi in the light of wahi. The followers of respective nabi are bound to understand Kalamullah/Book as it has been interpreted by the nabi (a.s). That is why a nabi’s interpretations of a revealed Book  are part of Deen; these interpretations are made in the form of ahadith. In other words, believing in nabuwwat of our nabi s.a.w.w means ahadith are part of Deen.

In the article https://secondriseofislam.blogspot.com/2017/07/why-hadith-is-essential.html we have seen that Quran tells us what we should do and what we should avoid, but Hadith tell us how people can practice/ act upon what they are supposed to do and what they are supposed to avoid according to Quran. You know when people start acting upon a scripture there may be thousands of variations/ differences as to how scripture should be acted upon. Hadith is a MODEL of ways and means we must go for to act upon Quran in all times to come. This Model is based on people's acts/omissions to follow Quran as well as our Nabi's acts/omissions/sayings; the people acted/ omitted to act in their lives, and our Nabi declared such acts/omissions as right or wrong in the light of Quran and wahi ghair-matlu.

In the light of the foregoing, we can say that ‘Wahi e Ghair Matlu’ which is basis of sayings/ acts of our Nabi may be divided into following categories.

The first category of ‘Wahi Ghair Matlu’ is through which Quranic verses are interpreted by Gabriel a.s. and such interpretations are communicated verbatim by our Nabi to the people;  
The second category is that through which our Nabi  is dictated to undertake certain act or make a statement and our Nabi  acts accordingly;
The third category of ‘wahi e ghair matlu’ is that our Nabi  makes a statement or takes an action in the light of permissions/ prohibitions revealed to our Nabi regarding a statement/act to be done by our Nabi or by the people around our Nabi ﷺ .  It may be appreciated that such category of wahi revealed for a situation needs not to be revealed every time such situation arises; one time wahi revealed for a situation is enough for every time such situation occurs. For instance, regarding ‘qattal’, permissions/ prohibitions once revealed were to be applied every time ‘qattal’ was to be undertaken. Keeping with such permissions/ prohibitions, people are free to undertake ‘qattal’ in whatever manner they like to.
The fourth category of ‘wahi e ghair matlu’ is that through which our Nabi  and people were made free to act according to their situation or choice. The choices exercised by our Nabi or people in such cases are according to Deen and wahi e ghair matlu.

Another type of sayings/acts of our Nabi are those which are apparent words of Quran; such sayings/acts of our Nabi are according to apparent Quranic wahi/Words; they are not ‘wahi e ghair matlu’. ‘Wahi ghair matlu’ are only our Nabi’s such sayings/acts which are according to hidden meanings of Quran.

It may be appreciated that our Nabi’s all sayings/ acts are to be followed by the people (except which have been specifically prohibited for people to be followed); in the situations in which people are to exercise their choice according to their situation/ liking, people actually follow our Nabi  because it is our Nabi’s  act to allow through ‘wahi ghair matlu’ such choice.