Decision making and ‘Qattal’ by an Islamic State

                  

We have seen, in many previous articles, salient features of decision making by an Islamic state.

In the series of  articles titled  https://secondriseofislam.blogspot.com/2012/07/islamic-political-system-its-main.html & https://secondriseofislam.blogspot.com/2013/04/islamic-political-system-its-main_30.html we have seen 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.

But 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. 

In the article https://secondriseofislam.blogspot.com/2013/04/islamic-political-system-its-main_30.html we have also seen that Islam has also provided for a second stage of decision making. At the second stage, 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. At this second stage, the inequalities in terms of piety and knowledge found in the Body of Muslims may be made up and resultantly defects and inadequacies found in the decision making of the majority Muslims due to inequalities in terms of piety and knowledge may be rectified.

But it may be appreciated that majority Muslims may reject the solution presented by the men of piety and knowledge, if there are more than one solutions presented by Islam. (If our Nabi s.a.w.w. has reacted differently in two different situations in case of same matter, the state may exercise its choice  in respect of that matter (keeping in view the situation) irrespective of the solution presented by men of knowledge and piety, provided such choice adopted by the state is NOT contradictory to Quran and Hadith ; for details plz see https://secondriseofislam.blogspot.com/2017/09/wahi-islamic-thinking-islam-and-deen.html).   It may be appreciated it would be the majority Muslims who would implement the decision rectified by the men of piety and knowledge; 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 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.

  

Now suppose, state does not implement the decisions rectified by the men of piety and knowledge (except where state is allowed to do so (it may also be appreciated that decisions rectified by men of knowledge and piety means decisions rectified by majority of men of knowledge and piety). In such case, the relevant state authorities would commit Sin ; and minority Muslims, who want to implement such rectified decision, would not incur Sin but they cannot implement such decision on their own violating the state’s orders as in Islamic state implementation of decisions is the responsibility of the majority Muslims through the state apparatus. However such minority Muslims- who want to implement decisions rectified by majority of men of knowledge and piety-  may struggle to amass majority and can take over the state after getting the majority support. But the most appropriate and feasible option, in order to save the state apparatus from committing the Sin, mentioned above,  should be to  institutionalize the opinions of men of knowledge and piety in the form of 'Shura' and to authorize such 'Shura' to restrain the state apparatus/ parliament from doing wrongful acts; in this way the Shura would become a part of state, and  when Shura would become a part of state, it would be considered as representing ' majority will' of the people of the state. But in Islamic states where there is no such 'Shura' , the minority Muslims - who want to implement decisions rectified by majority of men of knowledge and piety- are not authorized to implement such decisions of men of knowledge and piety on their own in disregard to will of majority people manifested through state; however such minority Muslims can amass majority support and enforce such decisions after taking over the state after achieving majority.  However such minority would not incur Sin committed by the state, if they show their displeasure and disapproval to the wrong acts of the state. Our Nabi (saw) states: “ you will find your rulers doing both righteous deeds and wrong deeds. One who will show annoyance over wrong deeds or disapprove such wrong deeds, he will be absolved of the responsibility of such wrong deeds. But one who will be pleased with such wrong deeds and follow them, he will not be absolved of responsibility of such wrong deeds”.  The words used in this hadith are very suggestive; the Muslims who would be pleased with and become a part of wrong deeds of the rulers, would not be absolved of the responsibility of such wrong deeds. Similarly, suppose  the rulers do not take any action and such inaction is a wrong deed, in such case, Muslims who are annoyed over such inaction and disapprove (through their act or saying)  such inaction, cannot be labelled as part of that inaction. But it may be appreciated the Muslims showing annoyance and disapproval cannot undo that inaction, if they are in minority, until such Muslims are able to amass majority and take over the state. 

The foregoing discussion states the general principle of decision making by an Islamic state, and this principle also applies to the decision about ‘qattal’ by an Islamic state. It may be appreciated, the addressee of all Quranic verses, through which ‘qattal’ has been permitted or ordered, are Muslims collectively; nowhere an individual or a certain group has been asked to undertake ‘qattal’. It means the decision about ‘qattal’ is also to be taken by majority Muslims through the state like other decisions to be taken by the state.