ASC II ADAMU ALIYU, NIGERIA CUSTOMS SERVICE, EDO/DELTA COMMAND (Aliyu113@gmail) Assalamu Alaikum Prior to launching into defining the good governance, it is important that certain misconceptions are dispelled. The West has hitherto paraded democracy as the only system available to mankind but failed to convince the Muslim world that democracy is the panacea for all its ills. As Mark Welton quite aptly recognises, Democracy... is a high-value term loaded with positive connotations for Americans and Europeans. But the same term, used so indiscriminately by Western politicians, is also widely perceived in the Arab Middle East as a codeword, a guise for Western efforts to re-conquer Arab territories and plunder their natural resources. The Islamic legal and historical sources strongly rebut the suggestion that the rule of law is the sole possession of the West. As Welton elucidates, ...the concept embodied in the term rule of law is in fact a legal and political value shared by both the West and Islam, and if properly refined, can provide a useful framework for more effective discourse and understanding between these two traditions. So what do we commonly understand by the principle of the rule of law? Let us look at Binghams definition. Bingham asserts that under the rule of law all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered in the courts. Islam in principle has no objection to this definition insofar as this definition can manifest within the Islamic legal and political framework. The rule of law necessitates that law is accessible and clear so that citizens of a state are aware of the boundaries of the law, which they must obey. The rule of law also applies to government and guarantees certain basic rights such as presumption of innocence until proven guilty, not to be arbitrarily detained without due process and right to fair trial in an independent court. All the executive and judicial organs of a state must uphold the rule of law because nobody is above the law It is well known that the system of governance in Islam is the Khilafah (caliphate). This system is well rooted both in the Islamic shariah and the history of Islam. It is a system that is quite unlike the Western democratic paradigm. The Prophet Muhammad said, The Prophets ruled over the children of Israel; whenever a prophet died, another prophet succeeded him, but there will be no more prophet after me. There will soon be khulafah and they will number many. Fulfil the bayah [i.e. pledge of allegiance] to them one after another and give them their dues for Allah will verily account them about what He entrusted them with. And if you judge, judge with justice between them. Verily, Allah loves those who act justly. Sovereignty belongs to the laws of Allah, the shariah, not the people. It is the Khalifah who implements the shariah in the lands of Islam. The rule of law is therefore established on the basis of the shariah. Moreover, the Prophet Muhammad pbuh said, A Muslim is obliged to hear and obey whether he likes it or not, except when he is required to do something that is sinful, in which case, there is no obligation to hear or to obey. Unlike democracies where obedience to the law of the land requires coercion by the state, Muslims historically lived by and obeyed the laws of Islam by and large without the need for coercion. This is because respect for and obedience to the laws of Islam is a matter of doctrinal and creedal obligation upon Muslims, which was the reason behind the success of the Khilafah. Thus, when Allah ordains upon Muslims to obey their rightful ruler, there is no option but to observe this command. This principle is well established in Islam from numerous ayat and ahadith. However, it suffices to say that the majority of the classical scholars of Islam are unified on the view that the Khalifah assumes authority by approval and authority of the people. ,...it is necessary for the electors to agree to his Imamate and that once agreed, it comes into effect because Imamate is a contractual agreement and it is not brought into being except by the contracting partner. The first Khalifah of Islam, Abu Bakr (RA), in his inaugural address said, O People, I have been appointed over you, though I am not the best among you. If I do well, then help me. And if I act wrongly, then correct me... If I disobey Allah and His Messenger, then I have no right to your obedience. Umar bin al-Khattab (RA) enunciated the attributes required of a Khalifah, By Allah, O Ibn Abbas, only the strong person without violence, the one who is gentle without being weak, the one who is economical but without being miserly, and the one who is generous without being wasteful is worthy of this affair. Khalifah ought to be person of high calibre, just and energetic and must possess qualities of head and heart.He should have the qualities of refinement, experience, alertness, power of comprehending problems, secrecy, freedom from greed and lust. A careful analysis of principles of administration and qualities of an administrator from Islamic point of view would show that man’s personal character is the key to good governance. A careful analysis of principles of administration and qualities of an administrator from Islamic point of view would show that man’s personal character is the key to good governance. He should be impartial and dispense justice with equity and should be very careful about the back biters, sycophants, corrupt and scandal mongers. He should constantly remain in contact with his staff consult them and should not issue authoritative and arbitrary orders. He should strike against corruption, injustice and evil usages of authority against citizens and take responsibility for any defect in his subordinates and staff. He should not reserve for himself or his relatives any common property in which others have share and stake. He should continuously watch that justice, social equity and honesty prevail in the society and conduct his self as servant of the people and trustee of state and of those below him in command as well as the public in general. He should love his fellow citizen as he loves his self and his family and not behave like ruler. As such, a Khalifah is urged to abound and deal with accountability and punishment, moderation in administration, avoidance of falsehoods, consultation with specialists, on employment policy, supervision and foresight, punctuality, redressal of grievances and complaints, care for subordinates and the people of the State generally, a time schedule for officials, and policies governing revenue and expenditure. Islamic system of justice includes social justice, which means that the Government must manage to meet and fulfil the needs and requirements of all citizens because they have rightful share in State resources and are bonafide citizens of the country. This includes provision of job, means of subsistence and economic justice. This further implies that it is the responsibility of the State to provide food, shelter and clothing to all the citizens of the State. Economic justice is aimed at equitable distribution of means of living and check concentration of wealth in a few hands. Since Islamic system is democratic in nature and is based on Shariah and the Sunnah, there is no place in this system for dictatorial leadership, authoritarian attitude and one man decision-making. This is the principle which forms a constant current in Islamic system of administration. The system is human in nature, content and application. According to Ibn Khaldun, a successful and viable administrative set up is that in which people’s participation is ensured. If the governed feel that they share the administrative process, the society would be stable administration should be such as make people feel that they are equal partners in the process of planning, administration and implementation. Thus public participation is an essential part of Islamic model of administration. Finally, The above discussed evidently illustrates that the Islamic shariah is the only alternative practical system of governance available in this contemporary time because it has put in place all the ingredients necessary for establishing the rule of law, which is much needed in todays turbulent world. History is testament to the fact that Islam had established an enviable civilization under its rule. There is no reason why this cannot return. On the other hand, the tired and baseless suggestion that only democracy is the way forward for Muslims is hardly foolproof. Wassalamu Alaikum. Marks: 50+25+10 = 85% ***
Posted on: Sat, 16 Aug 2014 10:52:46 +0000
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