Author: Muhammad Dawood Yusufi Eshaqzahi
Islam and Democracy (Part 17)
Sovereignty from the Perspective of Islam
From the perspective of international law, the sovereignty of a state lies at the core of its identity. The concept of sovereignty in Islam has presented difficulties for researchers, particularly since the Ottoman Empire began its relations with Europe and the Ottoman Caliphate was compared with the Holy Roman Empire. The terminology associated with the Holy Roman Empire was used as a standard measure in this context, and researchers employed it as a framework for examining Islamic institutions. Although certain problems arose during the reign of Sultan Abdul Hamid II, it cannot be categorically claimed that his rule, or the Ottoman Caliphate as a whole, represented an Islamic caliphate without allowing for any criticism or qualification.
In any case, applying terminology derived from one context to the study of another context has caused confusion regarding the similarities and differences between these two institutions, namely the Church and the Ottoman Caliphate. It has been claimed that the caliph was both a pope and an emperor; however, this comparison is misleading. Moreover, the system of governance of the Ottoman Caliphate cannot be regarded as the only form or model of government that Muslims were, or are, obliged to follow.
Leopold Weiss, while examining this phenomenon, states: “The use of non-Islamic terminology for Islamic concepts and institutions is highly misleading.” The ideology of Islam has its own particular social orientation, which differs in many respects from that of the modern West. It can therefore be properly interpreted only within its own context and through its own terminology.
Without exception, any departure from this principle makes the Islamic Shariah’s position on many of the critical issues of our time unclear. Islamic Shariah declares that sovereignty belongs to Allah; He is the Creator and the Lawgiver. The characteristics of this sovereignty can best be identified and defined through a study of the Holy Qur’an. For example, there are verses in which Allah is referred to through terms expressing one or more aspects of His sovereignty, as demonstrated in the following statements:
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“He directs the affair from heaven to the earth.” [1]
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“Blessed is He in whose hand is the dominion, and He is over all things competent.” [2]
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We also find the following command:
“Say, ‘O Allah, Owner of sovereignty, You give sovereignty to whom You will and take sovereignty away from whom You will. You honor whom You will and humble whom You will. In Your hand is all good. Indeed, You are over all things competent.’” [3]
Sovereignty Belongs to Allah
In fact, these verses, like several other verses of the Qur’an, have a direct bearing on political aspects. They refer to sovereignty as the ultimate legal and governing authority over the universe, life, and humanity.
In this discussion, the term “government” means “authority,” while a “ruler” refers to the person who possesses authority and seeks to establish order and discipline within society. The Qur’anic verses support this understanding and state: «إِنِ الْحُكْمُ إِلَّا لِلَّهِ أَمَرَ أَلَّا تَعْبُدُوا إِلَّا إِيَّاهُ ذَلِكَ الدِّينُ الْقَيِّمُ وَلَٰكِنَّ أَكْثَرَ النَّاسِ لَا يَعْلَمُونَ
Translation: “Judgment and authority belong to none but Allah. He has commanded that you worship none but Him. That is the upright religion, but most people do not know.” [4]
The expression “إِنِ الْحُكْمُ” in this verse refers to government and authority. This is evident from the fact that the verse subsequently speaks about legislative commands and prohibitions, saying, “أَمَرَ أَلَّا تَعْبُدُوا إِلَّا إِيَّاهُ”—”He has commanded that you worship none but Him.” It therefore does not refer to ontological sovereignty, which means the administration and governance of the universe.
Although the term in verse 67 of the same Surah refers to ontological authority and sovereignty, the essence of which is the administration of the universe, there is no reason to restrict the broad term “hukm” exclusively to judgment, adjudication, legislation, or law-making. Rather, “hukm” in this verse has a comprehensive meaning, one aspect of which is judgment and adjudication. Its intended meaning is authority and command in the broadest sense.
This truth—that sovereignty belongs to Allah—can also be inferred from other verses of the Qur’an.
For this reason, Allah commanded certain people to govern among humanity on His behalf and appointed them as His representatives in this matter. Addressing Dawood (AS), he says, «يَا دَاوُودُ إِنَّا جَعَلْنَاكَ خَلِيفَةً فِي الْأَرْضِ فَاحْكُمْ بَيْنَ النَّاسِ بِالْحَقِّ وَلَا تَتَّبِعِ الْهَوَى» Translation: “O Dawood! We have appointed you as a successor on the earth, so judge between people with truth and do not follow your desires.” [5]
Although this verse concerns judgment and adjudication, Dawood’s authority within the judicial sphere stemmed from his broader authority and governance, and therefore it also encompasses government and political authority. This is because, in addition to the fact that a judge cannot effectively enforce a judgment without possessing authority and an effective government, during the time of Dawood (AS), the judicial and executive powers were not separate.
We know that Dawood (AS) possessed a powerful government, as Allah says: «وَقَتَلَ دَاوُودُ جَالُوتَ وَآتَاهُ اللَّهُ الْمُلْكَ وَالْحِكْمَةَ وَعَلَّمَهُ مِمَّا يَشَاءُ وَلَوْلَا دَفْعُ اللَّهِ النَّاسَ بَعْضَهُمْ بِبَعْضٍ لَفَسَدَتِ الْأَرْضُ» Translation: “Dawood killed Goliath, and Allah granted him kingship and wisdom and taught him whatever He willed. Had Allah not repelled some people by means of others, the earth would have surely become corrupted.” [6]
Considering that Dawood (AS) possessed government and power, and given that judicial authority cannot be effective without the support of a strong government and that among the prophets the position of judgment and adjudication was not separate from the authority to execute and enforce decisions, it can be said that Dawood (AS), by virtue of representing Allah, possessed such authority and had the right to govern and exercise command. Had Allah not granted him this position, neither his judgments nor his other commands and directives would have possessed legitimate authority.
The Authority of the Prophet and Those in Authority Comes from Allah
A study of the Qur’anic verses makes it clear that Islam recognizes the authority of the Prophet and the jurisdiction of those in authority (Ulu al-Amr). For this reason, believers are commanded to obey and follow them. Allah says: «يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنْكُمْ» Translation: “O believers! Obey Allah, obey the Messenger, and those in authority among you.” [7]
The command to obey an individual or an authority is meaningful only when that individual or authority legitimately possesses power and governance. Otherwise, requiring obedience would have no valid basis.
Here, the intended meaning of “Ulu al-Amr” is every qualified ruler or person vested with legitimate authority. This matter requires further discussion elsewhere.
This verse and similar verses demonstrate that Allah has recognized the Prophet and those in authority as the legitimate rulers and authorities within the Islamic system. Therefore, He has made obedience to them obligatory.
To be continued…
References:
[1] Al-Sajdah: 5.
[2] Al-Mulk: 1.
[3] Aal ‘Imran: 26.
[4] Yusuf: 40.
[5] Sad: 26.
[6] Al-Baqarah: 251.
[7] Al-Nisa: 59.
