Suggested Modern Islamic System

Question:-

What do Muslims think about the controversy surrounding the legalisation of adoption for homosexuals and other legislation such as those that allow the spread of gambling? Will this not encourage greed and stimulate crime and further moral degradation? There has also been an increase in the laws that allow imprisonment without trial or even charges and much police and political intervention in the lives of ordinary people, including spying.

Comment:-

Personally I think Britain where this new law is to be implemented against all objections, as some other Western nations, are becoming more and more dictatorial and it is becoming increasing impossible for people to live according to their conscience or religious beliefs.

Neither real human welfare nor human diversity is being taken into consideration. We see, that there is really no Democracy and the Laws are created and passed by a small number of people on the basis of whim and expediency. It is generally financial and economic considerations, the influence of pressure groups which represent the interests of those who have the wealth and power and control the Industries and Business that drive policies. The political masters, of course, generally have shares in these companies and corporations.

People are forced into the streets to demonstrate against their governments and even their local councils that are supposed to represent them. There are people who are loosing their hard earned pension at the end of their working lives. There are people thrown out of work because the owners of the factories are taking their business abroad without consideration for the workers who have no rights. A great portion of the population is in debt to money lenders and many are losing their homes or in financial trouble because of gambling, lies, tempting terms with hidden stings in small print and pressure from banks to lend money freely and from increasing scams and swindles. Not much is done about any of this. People do not really have any control over policies that affect them and those in control are constantly lying, prevaricating, spinning and manipulating. It is time that alternative modes of government with real Democracy are introduced particularly as public disillusionment and apathy with the present system is demonstrated with the decline of the number of voters.

Surveys show that the number of Muslims, at least in Britain, who favour the introduction of Shariah Law and a federal organisation of communities is increasing. The reason for this appears to be that the social and cultural conditions surrounding them militate against a clean Islamic life and there are intensifying attacks against Muslims verbally and ideologically as on these Islamic websites, politically and economically as well as through Law and Militarily against Muslim countries.

Critic:-

Is there anywhere a full statement as to what these Muslims favour when they say they favour the introduction of Shariah Law?

Comment:-

The survey was done on behalf of the BBC and reported by them.

Muslims know that Shariah means Islamic Law based on the principles found in the Quran and Hadith, even if they do not know all the details.

Though it was stagnant for some time, this law is formulated by Scholars who specialise in it, in the light of the requirements of existing conditions. There is no justification for supposing that the right to interpret and apply the Quran has been abolished.

Critic:-

Is there anywhere a full statement as to what a government going by the name of "a federal organization of communities" would actually look like?

Comment:-

Muslims know that under Islamic Law non-Muslim communities existed that were governed by their own laws. In the past in places where Islam dominated the minority communities were under Muslim protection and they paid a tax for this privilege.

But these days where a mixture of races, cultures and religions has taken place and people are more interdependent a federal type organisation is more appropriate. The details need to be worked out when people apply their minds to it.

Critic:-

It is all well and good to be in favour of ideas with positive-sounding names and it probably makes one feel happy. But it does not get anything done. In order to get something done one needs concrete suggestions.

Comment:-

Nothing gets done when people simply close their minds with a negative attitudes or bury their heads in the sand, or distract their minds with trivialities.

Perhaps things should be left to drift to ever greater conflicts and mutual confrontation that mutually provokes to extremism until chaos and blood shed becomes intolerable and causes people hopefully to wake up and make efforts.

Or perhaps things should be left to the development of increasing dictatorship and tyranny as a cure for the conflicts that diversity produces. That is exactly why dictators such as Sadam Hussain arose.

Or perhaps we should allow the brain washing techniques to continue improving so that governments can control people through propaganda, public relation methods, dirty political tricks, spinning, manipulation, suppression and invention of information, producing mass hysteria and illusion and creating a race of robots controlled by those who have acquired power and are themselves robots.

On the other hand one could campaign for and gradually establish a form of government that recognises diversity and objective values.

A suggested political system based on Islamic principles could be something as follows:-

The Quran is the Criterion (3:3, 8:29, 25:1)) and according to itself, it is a reminder to Creation (81:27) and a Guidance (2:38, 97, 120, 185, 3:138 etc.),Islam is the Religion of Truth (9:29,33, 61:9) and we are required to follow nothing of which we have no knowledge (17:36). This implies that not only do we have to accept the insights and values that we obtain from a study of the Quran but also by research. We are told:-

"O you who believe! Obey Allah, and obey the Messenger and those in authority amongst you; and if you dispute (quarrel or argue) about anything, refer it to Allah and the Messenger, if you (in truth) believe in Allah and the Last Day; that is better and fairer in the end." 4:59

The third authority mentioned in this verse can be regarded as referring to such experts, particularly as the Quran constantly uses the phrase those "who have knowledge" (2:230, 6:98, 22:54, 27:52) or those "who have understanding" (2:179, 197, 269, 3:7, 190, 7:32 etc).

But apart from such experts they ought also to consult each other and correct each other's errors, stimulate and reinforce each other.

"Hold fast, all together, to the cable of Allah, and do not separate (divide or part in sects); but remember the favours of Allah towards you, when you were enemies and He made friendship between your heart, and on the morrow you became brothers, by His grace. You were on the edge of an abyss of fire, but He rescued you there from. Thus does Allah show to you His revelations; perchance you may be guided; And that there may spring from you a nation who invite to goodness, and bid right conduct, and forbid what is wrong (or indecent); these are the successful." 3:103-104

"So whatever thing you are given, that is only a provision of the life of this world, and that which is with Allah is better and more lasting for those who believe and put their trust in their Lord. And those who shun the great sins and indecencies, and whenever they are angry they forgive. And those who respond to their Lord and establish prayer, and whose conduct their affairs by MUTUAL CONSULTATION, and who spend out of what We have given them; And those who, when great wrong afflicts them, defend themselves. And the recompense of evil is punishment like it, but whoever forgives and amends, he shall have his reward from Allah; surely He does not love the unjust. And whoever defends himself after he has been wronged (or been oppressed), for such there is no blame against them. The blame is only against those who oppress men and revolt (insolently exceed all bounds) in the earth unjustly; these shall have a painful punishment. And whoever is patient and forgiving, these most surely are actions of courage and resolution." 42:36-43

We should then expect that in a Political system based on Islam there is an Institution or Department of Law or Law Society consisting of wholly independent experts on Islamic Law that carries out research, discusses, agrees upon and recommends various laws and their implementation. The purpose of these Laws is to facilitate the Islamic requirement for human welfare and spiritual development but appropriate for the conditions of life that come into existence. These deal not only with punishment and reward for actions, but also with organisation and the general culture including education and the family where motives as well as knowledge and awareness are considered. In general Islam requires a minimum of Laws (2:286, 4:28, 5:6, 5:101, 7:157) though these are normally interpreted in a more general sense with flexibility and should refer to the spirit rather than the letter. Everything is allowed that is not expressly forbidden (5:87) and no one is guilty until proved to be so. False accusations are punished (4:112).

The Judges are chosen from the Law Society by the Assemblies for certain periods. The accused are tried before the Judges using evidence gathering by members of an Institute of Detectives and Investigators that are independent of the Police. The Judges can require further investigation. Their judgement together with all evidence should be sent to the Law Society for examination and confirmation before conviction and punishment. The Police, like the Military consists of a set of professional experts but mainly of citizens who are expected to do National Service for a periodically in rotation. This should ensure that the Police and Military remain part of the community and not a separate group that can be used by ruthless power seekers for their own ends against the community or other nations. It should instil community spirit and responsibility.

The autonomy of the person is to be respected, but he has rights as well as responsibilities and privileges and these are interdependent. Justice refers to equitable relationship between these. That is, the consequences should be equivalent to the actions and should be treated proportional to their similarities and dissimilarities. Injustice means oppression, the flouting of the principles of Justice. The aim of the Law is the welfare and development of the people and this involves the individual, physically, mentally and spiritually as well as the Society and the physical environment on which we depend, including the creatures in it. This is defined as the Good and means that Morality is to be upheld. Islamic Law does not allow manufacture or commerce in what is harmful or any unjust transactions or agreements.

As suggested before, the Political system should consist of Local Assemblies to which all members of the relevant communities have the right of membership. They are concerned with overseeing and regulating all affairs that concern them.

These Assemblies select leaders according to agreed criteria and send them or representatives to higher Assemblies which are similarly organised and also send representatives to still higher or Central Assemblies. They also appoint members to carry out various responsibilities. All these are accountable to the Assembly. There is a three way flow of information, upward and downwards between the lower and higher Assemblies and sideways between the Assemblies at the same level. The officers, representatives or leaders can be removed at any time or even prosecuted for failing to fulfil the responsibilities they have been given. Any group of citizens will have the right to question those who are responsible in any institution, formulate proposals to be discussed or send representatives to be heard at Assemblies at all levels. And the Assemblies can order any citizen to attend the various committees for questioning or consultation or appoint them as Consultants.

Different communities can negotiate through their representatives to establish relationships, rules of interactions, arrive at common principles, or to accommodate differences. These rules are binding on both and are enforced by the greater common Assembly. The members of each community are responsible and accountable to the laws of their own community and to that of the others with whom they interact.

The affairs of a community are normally divided into specialities and run by Institutions. These institutions are run by experts on objective principles as far as possible - that is, on research and knowledge. All institutions, business, industrial, commercial, educational, medical, social, cultural, scientific, legal, information gathering, police, policy making, management etc. that affect the members will be responsible to these Assemblies and members of these institutions are also members of the Assembly and of each other. The Assemblies can create new institutions and appoint people to run them.

As the central theme of Islam is Tawhid, Unity, there is no separation in Islam between the religious and the secular or between various departments or compartments of life. Man is a Unity in which all parts interact and are inter-dependent. The same is true of a Society. There should then be no separation between the religious, the political, the economic and the cultural. Though each can have its own organisation or Society, they should interact and be coordinated. This will happen when members of each are also members of others and Industrial Companies or Government Departments require experts from several fields who can also report back to their Societies Each Institution has its own Assembly. In general, the members of the Institutions, though different functions and ranks are recognised, will all be shareholders, have rights to a voice in the Assembly, and will be accountable and held responsible for their actions.

Though privacy is respected, there can be no secrecy in matters that affect the Public. All industrial, commercial or political organisations must be open to the scrutiny of appointed members of the Assembly. All members of all Institutions can send information to the Assembly. All officers, representatives, or leaders can be questioned by the Assembly at any time. Nor can secrecy or collusion with secrecy be permitted where crime or injury is concerned or by anyone, including doctors , teachers, social workers and other officials about affairs between husband and wives and parents and children as this erodes social stability. It is necessary for the welfare of the Society on which the welfare of individuals largely depends that the mutual rights and duties of the spouses and parents and children should be defined and protected and that the outside interference in families be reduced to the minimum. Disputes within the family are best settled through the extended family. Islam expects that confidentiality is respected and that Muslims do not invade each others privacy without permission, gossip, backbite and defame but conceal each others less serious misdemeanours and weaknesses, though advice and help to amend should be given.

Reporters and Journalists that have the responsibility of gathering information will need special qualification through training to ensure that they all able to gather and transmit information accurately and can be prosecuted for propagating mere gossip and trivialities or deliberate falsification, spinning, suppression or bias in not making reasonable efforts to obtain all relevant available information. The news gathering and distributing Institutions, as others, will be run by the members who will be held responsible for their actions. A Department of Information, to which reporters and journalists will belong, will be responsible to gather information from all aspects parts of the community to all which they have the right of access, and for distributing this to the general public, the assemblies and the organisations that it may concern.

Connected with the above considerations are propaganda, advertisement, publicity and public relation devices, modes of persuasion, creating temptation, greed and addictions, manipulation of opinion and behaviour through deception, taking advantage of the weaknesses and disadvantage of others and subtle psychological methods. Much Political and commercial activity falls into this category. These flout the requirement for knowledge, intelligent choices and self-determination and need to be banned and prosecuted as criminal acts. They also produce much waste as junk mail and waste resources by creating greed and unnecessary A Directory of goods, services and facilities could be produced and distributed like Telephone Directories. This can be produced by an Institute that also investigates and tests goods, determines uses and requirements, and advises customers as well as industry.

There is also the question of Patents. Property rights in knowledge and its restriction is incompatible with Islam. However, the efforts made to acquire, enhance, distribute and transmit knowledge is a duty, and rewards for doing so are legitimate. It should be possible to make the results of research generally available while rewarding the discoverers suitably from a government budget or giving inventors the right to charge a percentage of the price for each item sold.

Another modern problem that needs to be dealt with is that of spying on the public, personal information kept by commercial companies and governments and the use of identity cards. There are some advantages and some disadvantages. Disadvantages are connected with Dictatorships and the power of commercial companies and governments to control citizens and even falsify information. But a centralised centre of information has good uses for statistical studies. Identity cards could be used to catch criminals and to be used as Telephone numbers, drivers licenses, bank cards, medical information in case of accidents, and admission to various organisations. Each citizen must have the right of access to this information about himself and rectify it where required. Others will need legal justification to access such information. They will require a license stating their identity and purpose which will be recorded and permission from the subjects.

The Leader of the nation, in whom the people invest their Vicegerency can be elected by the people from a set of candidates chosen by the Central Assembly. His role is mainly to supervise and ensure that all affairs are run equitable and efficiently using expert advisors. The whole system can be thought of as having four levels:- The Central Assembly which co-ordinates all affairs can be thought of as a circle surrounded by smaller circles consisting of the various Societies for Law and Ethics, Science, Arts, Education, Economic Affairs, Political Affairs, and Civics. The members of these are also members of the Central Assembly and of each other. These direct another layer of activity consisting of the Industries, Agriculture, Commerce, Finance, Transport, Communication, Hospitals, Educational Establishments, Research Institutions, Courts, Police, Military, Town and Country Planning etc. The whole is embedded in and part of the community or nation that is a network of inter-connected families.

A more detailed description of the system can be found in "The Alternative Way" Book 8. Also see Books 7 and 6.

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