Effective Governance From A Comparative Perspective - Caliph Umar Bin Al-Khattab

See discussions, stats, and author profiles for this publication at: https://www.researchgate.
net/publication/320944948
EFFECTIVE GOVERNANCE FROM A COMPARATIVE PERSPECTIVE AND ITS PRACTICE

IN THE ERA OF CALIFHATEÙMARCALIFHATEÙMAR IBN AL-KHATTAB (634-644)
EFFECTIVE GOVERNANCE FROM A COMPARATIVE PER...
Article · May 2010
CITATIONS READS
0 24
2 authors, including:
Sharifah Hayaati Syed Ismail

University of Malaya
39 PUBLICATIONS 45 CITATIONS
SEE PROFILE
Some of the authors of this publication are also working on these related projects:
Social inclusiveness (SI) in policy making: how does it matter in non-profit Organisation View project
Religious Input for Work family Balance View project
All content following this page was uploaded by Sharifah Hayaati Syed Ismail on 09 November 2017.
The user has requested enhancement of the downloaded file.

Journal of Development Studies
Fo
rP
ee
rR
EFFECTIVE GOVERNANCE FROM A COMPARATIVE

PERSPECTIVE AND ITS PRACTICE IN THE ERA OF
ev
CALIFHATE ÙMAR IBN AL-KHATTAB (634-644)

ie
Journal: Journal of Development Studies
Manuscript ID: Draft

w
Manuscript Type: Original Manuscripts
Economic development < Economics, Democracy < Government,

On
State Policy, & Ideologies, Middle East < Geographical Area, Civil
Keywords: Society < Government, State Policy, & Ideologies, Governance <
Government, State Policy, & Ideologies, Government <
Government, State Policy, & Ideologies
ly
URL: http://mc.manuscriptcentral.com/fjds
Page 1 of 30 Journal of Development Studies
1
2
3
4
5
6
7
8 EFFECTIVE GOVERNANCE FROM A COMPARATIVE PERSPECTIVE AND ITS PRACTICE
9 IN THE ERA OF CALIFHATE ÙMAR IBN AL-KHATTAB (634-644)
10
11
12
13 Sharifah Hayaati Syed Ismail al-Qudsy (Ph.D, Associate Professor) sashsiaq@um.edu.my
14
Fo
15 & Asmak Ab Rahman (Ph.D) asmak@um.edu.my
16
17
18
rP
19 Academy of Islamic Studies,
20
21
University of Malaya,
22
ee
23
24
50603 Kuala Lumpur,
25
26 MALAYSIA
rR
27
28
29
30
ev
31
32
33
34
ie
35
36
37
w
38
39
40
On
41
42
43
44
45
ly
46
47
48
49
50
51
52
53
54
55
56
57
58 1
59
60
Journal of Development Studies Page 2 of 30
1
2
3
Abstract
4
5
6
7
8
9 Purpose – To date, the growth of the governmental or ruling process has been developed
10
through the concept of governance, effective governance, good governance, democratic
11
12 governance or also known by many political scientists as participatory governance. The period
13 of growth can be evaluated by the evolution of management theories, which in the 1970s focused
14
on the management of quantity, evolving in the 1980s where the focus was more on the
Fo
15
16 management of quality. In the 1990s the idea of governance came into the usage of government,
17 the public and private sectors. The concept of governance is the process of decision making by
18
which decisions are implemented, how power is exercised and how citizens have their say. In
rP
19
20 fact, it is the intervention of institutional, political or cooperative mechanisms, which are
21 themselves regulated and controlled by representatives with the aim of allocating scarce
22
resources, solving shared problems, coordinating and controlling social and economic activity.
ee
23
24 The purpose of this paper is to explore and comprehend the theory of effective governance in
25 modern and Islamic perspective. Effective governance can lead to government excellence but
26
rR
27 excellent government is not necessary producing effective governance. Embedded in both

28 effective governance and government excellence is the theory of al-siasah al-shariyyah .This
29
paper analyzes the key element of this theory in the reign of caliph Umar ibn al-Khattab.
30
ev
31
32
33
34 Design/methodology/approach – The authors examine the key element of effective governance
ie
35 from an Islamic perspective through an explanatory case analysis of the reign of Umar ibn al-
36
37 Khattab. It is hypothesized that the teaching of effective governance can be understood from the
w
38 al-siasah al-shariyyah and shariah framework. The al-siasah al-syariyyah sets few values in
39 governing the state.
40
On
41
42
43
44 Findings – The concept of effective governance emerged and became known as a policy
45 formulation with its implementation through synergistic participation by various sectors
ly
46
47
including administrative, political and economic, focusing on several characteristics comprising
48 efficiency, honest, equitable, transparent and accountable in order to obtain a higher quality of
49 governance. It is thus consistent with the concept of al-siasah al-shar‘iyyah, founded by Muslim
50
51 scholars even though it is more general. The major concern of this concept is to safeguard and
52 recognize the lawful benefit for the citizen (maslahah àmmah) through a pattern of
53 management. This concept is practised by caliph Umar al-Khattab through his reign. It is shown
54
55 that the concept of al siyasah al-sharìyyah can be discussed and developed in more specific
56 focus and approach so that it will be more relevant and applicable to current needs and situation.
57
58 2
59
60
1
2
3
4
5
6
7
8 Keywords: Islam, effective governance, Islamic governance system, caliphate Umar ibn al-
9
10 Khattab.
11
12
13
14
Fo
15
16
17
18
rP
19
20
21 INTRODUCTION
22
ee
23
24
25
With a focus on government reformation and reinvention in policies and approaches towards
26
rR
27
28 better ruling, the notion of “governance”, “good governance”, “effective governance” or to
29
30 some researchers they pronounced the idea as `humane governance’ and `participatory
ev
31
32
33
governance’ has become increasingly crucial in today’s government debate and practice. Even
34
ie
35 though the governance concept is not new, it is as old as human civilization, but its terminology
36
37 became popular and fashionable and is part of the global interest in the 1990s.1
w
38
39
40
Conceptually, governance has brought a new dimension to the administration and policy
On
41
42
43 studies and planning for countries globally. Seemingly, it became one of the important
44
45
ly
strategies, processes, methods and mechanisms in governing countries and achieving public
46
47
48 demand and interest. Nonetheless, the idea of governance is still debatable widely due to various
49
50 definitions and understanding about the term. For example, in various places, good governance
51
52 has been associated with democracy and good civil rights, with transparency, with the rule of
53
54
55 1
56 Thomas G.Weiss (2005) ,“Governance, good governance and global governance :conceptual and actual
57 challenges” in Rorden Wilkinson (ed), The Global Governance Reader, p.69
58 3
59
60
1
2
3
law, and with efficient public services. Typically, it is defined as synonymously with
4
5
6 `government’.2 Even, in many descriptions it is a broader notion than government. Governance
7
8 involves interaction between formal institutions publicly and privately and those of civil society.
9
10
11
But there is no governance without government. Governance, however, is not to be judged
12
13 merely on outcomes but also on the processes and relationships that produce them.
14
Fo
15
16 Thus, this article tries to investigate the concept of governance and effective governance
17
18
comprehensively from the aspect of processes and relationships between the governed and the
rP
19
20
21 governors, relationships that have in-built mechanisms for public participation. In addition, it
22
ee
23 will also explore on how this concept is best explained in an Islamic political science theory.
24
25
26 Whether it is a debatable subject amongst Muslim political scientist and whether there is a
rR
27
28 certain model that can be adopted in the current practice from the Islamic history and civilisation.
29
30 This article is suggesting the theory of al-siyasah al-sharìyyah, to be best represent the idea of
ev
31
32
33 Islamic governance. However, this writing is a new effort on enhancing and refreshing existing
34
ie
35 theory for the benefit of current discussion and implementation with a strong conscious that it
36
37
w
will not however, goes

38
39
40 against the basic rules and principles of Islam. In this respect, the practice of governing under the
On
41
42 ruling of caliphate ‘Umar Ibn al-Khattab will also be explored to complete the theoretical
43
44
45
framework as well as giving better picture on how it was exercised. This government is chosen
ly
46
47 because it was proven and accredited by many Muslim scholars as one of a good practice for
48
49 innovation and reform model during the Muslim leadership history. 3
50
51
52
53 2
54 Ibid
3
55 Al-Buraey, Muhammad A. (1988), Administrative Development: An Islamic Perspective, London: Kegan Paul
56 International, p.16.
57
58 4
59
60
1
2
3
4
5
6
7 THE CONCEPT OF EFFECTIVE GOVERNANCE: A CONTEMPORARY
8
9 PERSPECTIVE
10
11
12 The need to promote better government services particularly in the era of globalization
13
14
became one of the major factors to adopt the concept of effective governance. At the same time,
Fo
15
16
17 the process and mechanism of governance is also used to correct malpractices and red tape that
18
rP
19 hinder the achievement of good and effective government. Many academics employ this word to
20
21
22 connote a complex set of structures and processes, both in public and private administration,
ee
23
24 while more popular writers tend to use it synonymously with the word `government’.4 The New
25
26
Webster’s international Dictionary defines the term as: àct, manner, office or power of
rR
27
28
29 governing; government’, `state of being governed’, or `method of government or regulation’.5
30
ev
31 Goran Hyden has argued that it refers mainly to running government and other public and private
32
33
34
agencies with social purposes.6 The Commission on Global Governance defines `governance’ as
ie
35
36 `the sum of the many ways individuals and institutions, public and private, manage their
37
w
38 common affairs. It is a continuing process through which conflicting or diverse interests may be
39
40
accommodated and co-operative action may be taken’. It includes formal institutions and
On
41
42
43 regimes empowered to enforce compliance, as well as informal arrangements that people and
44
45 institutions either have agreed to or perceive to be in their interest.7 With some of these
ly
46
47
48 definitions as an introductory literature, the writer will explore `the what’ of this concept both
49
50 from modern and Islamic perspectives and understandings. The reason for this exploration is to
51
52 4
53 Ibid.
5
54 The New Webster’s International Dictionary, p.34
6
55 Goran Hyden (1992). `Governance and the study of politics’, in Goran Hyden & Michael Bratton (eds),
56 Governance and Politics in Africa, Boulder, CO : Lynne Rienner, pp1-2
7
57 Commission on Global Governance (1995). Our Global Neighbourhood, Oxford: Oxford University Press,p.2
58 5
59
60
1
2
3
develop the concept of effective governance from the Islamic perspective which had not yet been
4
5
6 exposed and discussed by academician in this field.
7
8
9
10
11
12 (A) What is governance?
13
14
Fo
15
16
17 Broad definitions of governance are often discussed and have brought various meanings and
18
rP
19 perspectives such as that given by the United Nations Development Programme (UNDP), which
20
21
is an organization that promotes and advocates change and connecting countries to knowledge,
22
ee
23
24 experience and resources to help people build a better life. According to the UNDP, governance
25
26 refers “to the exercise of political, economic and administrative authority to manage a nation's
rR
27
28
29
affairs. It is the complex mechanisms, processes and institutions through which citizens and
30
groups articulate their interests, exercise their legal rights and obligations, and mediate their
ev
31
32
33 differences”. 8
34
ie
35
36
From another perspective, the Asian Development Bank (ADB) has defined governance
37
w
38
39 through its contribution towards the economic sector. “Governance is the manner in which
40
On
41 power is exercise in the management of a country’s social and economic resources for
42
43
44 development. Governance means the way those with power use that power”.9 Furthermore, John
45
ly
46 Graham, Bruce Amos and Tim Plumptre have explained the governance concept as:
47
48
49 ... The art of steering societies and organizations. Governance is the interactions among
50 structures, processes and traditions that determine how power and responsibilities are
51
52 8
53 Sakiko Fukada-Parr & Richard Ponzio, “Governance: Past, Present, Future Setting the Governance Agenda for
54 the Millennium Declaration, UNDP.org/governance, 29 September 2007, p. 4.
9
55 Asian Development Bank: Policy Papers, http://www.adb.org/Documents/Policies/PCP/PCP-R-Paper.pdf,
56 27 September 2007, p. 7.
57
58 6
59
60
1
2
3
exercised, how decisions are taken, and how citizens or other stakeholders have their say.
4
5 Fundamentally, it is about power, relationships and accountability: who has influence, who
6 decides, and how decision-makers are held accountable. The concept may usefully be
7 applied in different contexts – global, national, and institutional and community.10
8
9
10
11
Meanwhile, the Organization of Economic Co-operation and Development (OECD) denote the
12
13 concept of governance as the use of political authority and exercise of control in a society in
14
Fo
15 relation to the management of its resources for social and economic development. This broad
16
17
18 definition encompasses the role of public authorities in establishing the environment in which
rP
19
20 economic operators function and in determining the distribution of benefits as well as the nature
21
22 of the relationship between the ruler and the ruled.11 The studies done by a few scholars such as
ee
23
24
25 Acemoglu, Johnson, and Robinson12 ;Rodrik, Subramanian, and Trebbi13 find that
26
rR
27 nontransparent, unaccountable, and restricted governance is detrimental to development and

28
29
welfare, while the opposite tendency is advantageous.
30
ev
31
32
33
34 Several other definitions on governance from various international organizations are
ie
35
36
37 presented here to give more understanding. They are as follows;
w
38
39
40 1. World Bank. Governance is defined as the manner in which power is exercised in the
On
41
42 management of a country’s economic and social resources. The World Bank has identified three
43
44
45
distinct aspects of governance: (1) the form of political regime; (2) the process by which
ly
46
47
48 10
49 The Institute on Governance (2002), “Governance Principles for Protected Areas in The 21st Century”, (Paper
50 work discussed organized at Park Canada, 22 April 2002), http://www.iog.ca/publications/PA_governance.pdf,
51 18 November 2007.
52 11
The Organization of Economic Co-operation and Development , www.oecd.org/dac, 26 November 2008.
53 12
Acemoglu, Daron, Simon Johnson, and James A. Robinson. 2001. “The Colonial Origins of Comparative
54
Development: An Empirical Investigation.” American Economic Review 91 (5): 1369–1401
55 13
56 Rodrik, Dani, Arvind Subramanian, and Francesco Trebbi. 2004. “Institutions Rule: The Primacy of Institutions
57 ver Geography and Integration in Economic Development.” Journal of Economic Growth 9 (2): 131–165.
58 7
59
60
1
2
3
authority is exercised in the management of a country’s economic and social resources for
4
5
6 development; and (3) the capacity of governments to design, formulate and implement policies
7
8 and discharge functions.14
9
10
11 2. Institute of Governance Ottawa. Governance comprises the institutions, processes and
12
13
14 conventions in a society which determine how power is exercised, how important decisions
Fo
15
16 affecting society are made and how various interests are accorded a place in such decisions.15
17
18
rP
19 3. International institute of administrative Sciences. Governance refers to the process whereby
20
21
22 elements in society wield power and authority. And influence and enact policies and decisions
ee
23
24 concerning public life, and economic and social development. Governance is a broader notion
25
26
than government. Governance involves interaction between these formal institutions and those of
rR
27
28
29 civil society.16
30
ev
31
32 4. Tokyo Institute of Technology. The concept of governance refers to the complex set of values,
33
34 norms, processes and institutions by which society manages its development and resolves
ie
35
36
37 conflict, formally and informally. It involves the state, but also the civil society (economic and
w
38
39 social actors, community-based institutions and unstructured groups, the media, etc) at the local,
40
On
41
42
national, regional and global levels.17
43
44
45 Based on above definitions, governance is perceived to be an alternative to government,
ly
46
47 to control by the state. It has multiple meanings but most of those meanings cluster around what
48
49
might be called a `post-political’ search for effective regulation and accountability. Most of the
50
51
52
53 14
54 Thomas G.Weiss, op.cit., p.69
15
55 http://infoweb.magi.com/igvn
16
56 http://www.britcoun.org/governance/ukpgov.html
17
57 http://www.soc.titech.ac.jp/uem/governance.html
58 8
59
60
1
2
3
usages of governance signal a situation which poses a real threat to the conventional forms of
4
5
6 democratic government. 18 Governance is used by some of the alternative policy bodies in the
7
8 advanced countries and by NGOs acting in the developing world as a new potential for
9
10
11
organization through `civil society’.19The concept also relates to the growth of new public
12
13 management strategies since the early 1980s. In another usage, it also relates to the new practices
14
Fo
15 of coordinating activities through networks, partnerships and deliberative forums that have
16
17
18 grown up on the ruins of the more centralized and hierarchical corporatist representation of the
rP
19
20 period up to the 1970s. It embraces a diverse range of actors: labor unions, trade associations,
21
22 firms, NGOs, local authority representatives, social entrepreneurs and community groups.20
ee
23
24
25
26 The emerging notion of governance in political, economic and social arenas showed a
rR
27
28 dramatic shift in government practice compared to the phenomenon in the 1960s and earlier
29
30 period. Political and economical landscapes of the country are under local as well as an
ev
31
32
33 international serious public scrutiny. Internationally, good and effective governance can be a
34
ie
35 condition to pursued bilateral and multilateral relations and financial assistance. Thus,
36
37
w
governance is a multiparty and multifocal process and directions. It is therefore more complex
38
39
40 process in practice, interactive in decision-making and need a continuous effort from those
On
41
42 parties. Paradoxically, the bottom line is: there is no short-cut to accomplish effective
43
44
45
governance in a country. Indeed, the actual achievement will also be varied from one country to
ly
46
47 another.
48
49
50
51
52
53 18
54 Paul Hirst (2000). “Democracy and governance” in Jon Pierre (ed.) Debating Governance, New York: Oxford
55 University Press, p.2
19
56 ibid
20
57 ibid.
58 9
59
60
1
2
3
(B) What is Effective Governance?21
4
5
6
7 Governance however, can be good or bad, effective or ineffective based on the
8
9 characteristic or quality values associated and imbedded in governing practice.Value is one of
10
11 the important elements of governance’s management of a country. This simple explanation is in
12
13
14 accordance with that promoted by the UNDP.
Fo
15
16
17 This organisation has outlined nine characteristics for effective governance. The nine
18
rP
19 important indicators are:
20
21
22
1. Participation
ee
23
24
25 2. Rule of Law
26
rR
27 3. Transparency
28
29 4. Responsiveness
30
ev
31
5. Consensus Orientation
32
33
34 6. Equality
ie
35
36 7. Effectiveness and Efficiency
37
w
38 8. Accountability
39
40 9. Strategic Vision22
On
41
42
43
However, other list of attributes to accomplish the desired effective governance is as follows:23
44
45 1. Universal protection of human rights
ly
46
47 2. Non-discriminatory laws
48
49 3. Efficient
50
51
52 21
53 Effective governance in this writing is not different from other similar terms associated with governance such as
54 democratic, good and participatory governance.
22
55 Governance for sustainable human development :A UNDP Policy Document
56 http://www.pogar.org/publications/other/undp/governance/undppolicydoc97-e.pdf, 29 September 2007.
23
57 Thomas G.Weiss, op.cit., p.74
58 10
59
60
1
2
3
4. Impartial and rapid judicial processes
4
5
6 5. Devolution of resources and decision making to local levels from the capital
7
8
9
10 In other writing, the author underlined four characteristics of effective governance as
11
follows:24
12
13
14 1. Management of government affairs within the rule of law
Fo
15
16 2. Clean
17
18 3. Efficient
rP
19
20 4. Trustworthy
21
22
ee
23
24
25 Other writing listed eight criteria stand out as follows:25
26
rR
27 1. Legitimacy
28
29 2. Freedom of association and participation
30
ev
31
3. Freedom of the media
32
33
34 4. Fair and established legal frameworks that are enforced impartially
ie
35
36 5. Bureaucratic accountability and transparency
37
w
38 6. Freely available information

39
40 7. Effective and efficient public sector management
On
41
42
43
8. Cooperation between governments and civil society organisations.
44
45 While Gary Smith in his writing, cited from the Australian Foreign Minister set out the
ly
46
47 dimension of effective governance as:26
48
49
50
51
52 24
53 Mohd.Zawawi B.Mohd Nordin, 2004 Èffective Governance and the Rule of Law’, Mohd Yaakub Hj Johari (eds)
54 Principles And Practices of Good Governance:The Way Forward For Sabah, Institute For Development Studies:
55 Sabah. p.11
25
56 Source Book on Governance-http://www.resdal.org/Archivo/d0000092.htm, 3March 2009
57
58 11
59
60
1
2
3
1. The effective management of a country’s resources in a manner that is open,
4
5
6 transparent, accountable, equitable and responsive to people’s need;
7
8
9 2. The rule of law;
10
11
12 3. Transparency, accountability and effectiveness of public sector management; and
13
14
Fo
15
16
4. An active civil society.
17
18
From the above mentioned criteria of effective governance, it shows that most of the
rP
19
20
21 writings give anonymous dimensions with major focus on effective and efficient management of
22
ee
23
public sector, cooperation between government, private sectors and civil society and bureaucratic
24
25
26 accountability and transparency. In contrary, “poor” or “ineffective governance” can be operated
rR
27
28 by one country if personalisation of power, lack of human rights, practice corruption and
29
30
unaccountable government is in practice. It is also common in many country reports on the
ev
31
32
33 practice of bad governance that make the notion on promoting the good and effective governance
34
ie
35 practice is said as too ideal and impossible.27

36
37
w
38
39
40
On
41
42 (C) The Concept of Effective Governance in Islam
43
44
45 The concept of effective governance in Islam can be best described with the most popular
ly
46
47 concept for governing state in Islam, which is al-siasah al-shar’iyyah. The word siasah literally
48
49
50 derived from an Arabic language-sasa, meaning to arrange, to manage, to rule and politics. The
51
52
53 26
54 Gary Smith, (2002) `Governance and Civil Society in Global and Regional Settings’, Charles Samford (etc), Asia
55 Pacific Governance. From Crisis to Reform. Cashgate Publishing Limited:England.p.243
27
56 Report on: “Good governance” and Democracy: Competing or Complementary Models of Global Political
57 Legitimacy. Held at: Merton College, Oxford University, 10th-11th March 2006.
58 12
59
60
1
2
3
basic purpose for siasah is aimed at arranging, managing and using political wisdom to achieve
4
5
6 certain objectives.28
7
8
9 Conceptually, according to Ibnu Qayyim al-Jawziyah, al-siasah al-shar’iyyah is an act of
10
11 giving human benefits and avoiding them from any destruction even if the action is not
12
13
14 specifically mentioned by Prophet Muhammad (p.b.u.h) and revealed by Allah the AlMighty.29
Fo
15
16 While Ahmad Fathi Bahansi states that al-siasah al-shar’iyyah is the management of Muslim
17
18
benefits in accordance to an Islamic law (shariah).30 According to 'Abdul Wahab Khallaf, it
rP
19
20
21 means to administer general matters for an Islamic state including to promote benefits and
22
protect pupil from any harmful in line with the Islamic law. 31
ee
23
24
25
26
In a more general definition, al-Maqrizi defines it as to carry out good purposes. This
rR
27
28
29 definition gives meaning to rule for a specific aim to care for people, living and system. He also
30
ev
31 divide al-siasah into two categories namely “fair or good governance” that must also follow the
32
33
34
rule of syariah known as al-siasah al-sharìyyah and the second category which is an opposite to
ie
35
36 al-siasah al-sharìyyah known as “bad or unfair governance”, or al-siasah al-zalimah.32In the
37
w
38 other hand, according to Fathi Uthman, al-siasah al-syar’iyyah is a term referring to the practice
39
40
of administration and constitutional law, the authority of government, including the caliph
On
41
42
43 (ruler), ahlul-halli wa al-Aqdi (consultative member), right of the individual, public interest
44
45 (maslahah ammah) and others.33 In this respect, all of these are closely related definitions and
ly
46
47
48 indicate that one of the main focus of al-siasah al-sharìyyah is managing government
49
50 28
51 Ibnu Manzur (1968), Lisan al- ‘Arab, Jilid 6, Beirut: Darul al-Sadr, p. 108.
29
52 Ibnu Qayyim al-Jawziah (1961), al-Turuq al-Hukumiyyah fi al-Siyasah, Cairo: Mu’assah al-‘Arabiyah, p. 16.
30
53 ’Ahmad Fathi Bahansi (1965), al-Siyasah al-Jinayah fi al-Syari‘at al-Islam, Mesir: Maktab Darul al-‘Umdah,
54 p. 25.
31
55 Abdul Wahhab Khallaf (1984), Siasah al-Syar’iyyah, Vol 2, Beirut: Muassasah al-Risalah, p. 17.
32
56 Al- Maqrizi (t.t), Hutat al- Maqrizi, Chapter 2, Beirut: Dar Sadr, p. 220.
33
57 Fathi Uthman (1979), Usul al-Fikr al-Siasi al-Islami, Vol 1, Beirut: Muassasah al-Risalah, p. 25.
58 13
59
60
1
2
3
institutions and state resources for the interest and benefit of the public in line with the rules of
4
5
6 shariah.
7
8
9 In understanding Islamic administration or management as a sub-concept and practice to
10
11 al-siyasah, Al Buraey states that the Holy Quran used the term yudabbiru in several places. It
12
13
14 gives general meaning to order, lead, operate, manage, plan, steer, arrange both for economic
Fo
15
16 plan and perform business. According to him, Islamic administration essentially operates
17
18
through understanding of government and people or what the modern political science termed as
rP
19
20
21 democracy.34 Therefore the basic cooperation between the ruler, the administrator and the citizen
22
ee
23 is inseparable in governing well country. Indeed, the major aim of al-siasah al-sharìyyah is also
24
25
26 to attain al-falah (felicity) and to avoid destruction (al-fasad) as emphasize in one of the shariah
rR
27
28 methodologies `to promote benefit and abstain destruction’- ‫ ا ودرء ا‬.
29
30 In the Holy Quran Allah The AlMighty stressed that:
ev
31
32
33
34 ‫ن‬
َ ْ
ُ ِْ ُ ‫ ُه ُ ا‬
َ ِ َ‫! ا ُ َْ َوأُو‬
ِ"َ ‫ن‬
َ ْ#َ ْ َ$‫ف َو‬
ِ ْ‫ن 'ِ َ ْ& ُو‬
َ ‫َ) ُ(ُو‬$‫*ْ َو‬+
َ ‫ ا‬,
َ ِ‫ن إ‬
َ ُ"ْ$َ /ٌ (0 ‫( ُْ ُأ‬1 ْ!ُ 2َ ْ ‫َو‬
ie
35 “And let there be such a group among you, that they may call towards goodness and
36 command what is just and forbid evil. And the very same attained to their goals”. (Ali-
37
w
38 Imran (3):104).
39
40
On
41
42 With the intertwining and unchangeable aim of al-siasah al-sharìyyah and shariah itself,
43
44
45 any new incoming idea or concept proven to promote towards achieving this aim is encouraged.
ly
46
47 Not to get confuse between al-siasah al-sharìyyah and shariah, the writer shall firstly give some
48
49 basic explanation about the shariah term before further discussion.
50
51
52
53
54
55 34
56 Al-Buraey, Muhammad A. (1988), Administrative Development: An Islamic Perspective, London: Kegan Paul
57 International, p.6.
58 14
59
60
1
2
3
(E) SHARIAH & AL-SIASAH AL-SHARÌYYAH AS THE SOURCE AND
4
5
6 FRAMEWORK OF EFFECTIVE GOVERNANCE
7
8
9 For one to fully comprehend the nature of Islamic practice in general, the term shariah
10
11 must first be understood clearly. Shariah is an Arabic word literally means `way’ or `path to the
12
13
14 water source’. It is a system of a Divine law; and a way of belief and practice.35 Shariah is
Fo
15
16 Divine in nature as it came from Allah the Al-Mighty and His Messenger Prophet Muhammad
17
18
(p.b.u.h) as the major rules provider. Thus, all Muslim actions must be followed the basic Islamic
rP
19
20
21 rules and guidelines underlined in the Holy Quran, Sunnah , al-ijma’ (consensus and unanimity
22
ee
23 of Muslim jurist scholars) and al-qiyas (analogy from the essence of Divine principles). Indeed,
24
25
26 to prevent any outdated and irrelevant in any of the Muslim practices, Shariah in itself contains
rR
27
28 general principles and broad outlines; it leaves the details of the subject practices to the
29
30 discretion of Muslims. On the other hand, it is independent and allowing individual to work
ev
31
32
33 according to his intellectual, conscience and faith.36 Five major objectives of Shariah known as
34
ie
35 maqasid al-shariah are;

36
37
w
38 1. Protecting religion
39
40 2. Protecting Life
On
41
42 3. Protecting intellectual
43
44 4. Protecting offspring
45
ly
46
5. Protecting property
47
48
49
50
51
52
53
54
55 35
56 Fathi Uthman, ibid.,p.15
36
57 Fathi Uthman, ibid., p.26
58 15
59
60
1
2
3
Shariah is also a set of standard for Muslim work system. With Shariah we can
4
5
6 determine whether the understanding and practice are complying with the standard or not.
7
8 Moreover, as a standard it allows people to distinguish right from wrong, moral from immoral,
9
10
11
ethical and unethical. In fact, this standard is not merely a theory but also a practice that can be
12
13 traced in the history of early practice of Muslim state especially in the period of Prophet
14
Fo
15 Muhammad and the four Pious Caliphs, with special emphasis on Umar reign. Indeed, Luther
16
17
18 Gulick and James Pollock, both prominent scholars in contemporary public administration,
rP
19
20 concluded, in 1962 report on `The Organisation of Governmental Administration of the United
21
22 Arab Republic (Egypt), that Islamic culture during the era of caliph Umar is one of the best
ee
23
24
25 bases for a strong and successful government and efficient bureaucracy in modern times.37
26
rR
27
28 Guidelines and rules pertaining to governance from the source of the Holy Quran can be
29
30 referred to several verses such as (4:58, 59),(5:2),(21:105), (22:40,41), (24:55) and (57:25).
ev
31
32
33 While some rule of conduct mentioned by Prophet Muhammad (p.b.u.h) can be read as follows:
34
ie
35
36 `Behold! Each one of you is a guardian, and each one of you will be asked about his
37 subjects. A leader is a guardian over the people and he will be asked about his subjects’
w
38 38
39
40 `Whosoever of you sees an evil action, let him change it with his hand, and if he is not
On
41
42
able to do so, then with his tongue; and if he is not able to do so, then with his heart-and
43 that is the weakest of faith’.(ref)
44
45
ly
46
47
48 If the concept of effective governance cannot be separated with various set of good values,
49
50 we can see that in Islam, every human practice must be compliant with good values. Without
51
52
53
54 37
Abdul Malek A.Al-Sayed,(1982) Social Ethics of Islam, New York: Vantage Press, Inc.p.14
55 38
56 Al-Bukhari, Sahih Bukhari (1986). Vol 13, no. 7138.
57
58 16
59
60
1
2
3
good values, such practices no matter how heavy they are, not countable as a good deed in the
4
5
6 Eye of The Al-Mighty. This good value known as Akhlaq and is part of the Shariah and therefore
7
8 is also part and parcel of the practice of al-siasah al-sharìyyah. Indeed with Akhlaq, not only
9
10
11
that the practice of governance meets its standard but will also gain reward from Allah the Al-
12
13 Mighty. Reward can be given in various forms depending on Allah’s will. Among the rewards
14
Fo
15 are blessing of life, blessing of possessions such as age, health, family, job position and property
16
17
18 and the most priceless is Paradise. 39 This can be read in Allah’s verse:
rP
19
20
21
22 ‫ِ*ًا‬45َ ‫ن‬
َ َُ6
ْ $ُ 7
َ ‫ َو‬/َ 08
َ ‫ن ا‬
َ ُ9
ُ ْ$َ
َ ِ َْ‫)ُو‬:َ ٌ!(ِ ْ;(ُ َ ‫ َو ُه‬,َ<5ْ ‫@ (ِ! َذ َآ ٍ َأوْ ُأ‬
ِ
َ ِ
0 ‫! ا‬
َ (ِ ْAَ &ْ $َ !َ(‫َو‬
ee
23
24 “And whoever does good deeds, whether male or female, and he (or she) is a believer
25
26 — these will enter the Garden, and they will not be dealt with a whit unjustly.” [al Nisa’
rR
27 (4): 124]
28
29
30
ev
31
32 On the contrary, bad or unfair governance in Islam is not judge based on the public
33
34
ie
35 complaint or non compliance with the specified indicators per se but also when it is not
36
37 compliance with the standard of Shariah and principles of al-siyasah al-sharìyyah. It is
w
38
39
40
therefore considered as sinful. In Islam, there will be no such thing as one `lives up to one’s
On
41
42 own deeply held values’ because it has its standards and principles to be followed. In fact one
43
44 must check one’s progress not only against one’s own ideals but against the ideals and
45
ly
46
47 behavior of the ethical community and Islamic teaching. Only by this way, an ethical culture
48
49 can be formed and formulated in governing. Allah Said to the effect;
50
51
52
53
54
55
56 39
57 ’Ahmad Ibrahim ’Abu Sin (1981), Idarah Fi al-Islam, Makkah Mukarramah: Darul Khariji, p. 142.
58 17
59
60
1
2
3
7
َ Bَ 0‫ن ا‬
0 ‫ض ِإ‬
ِ ْ‫ر‬D
َ ‫ ا‬Eِ: ‫َ َد‬Fَ ‫ ا‬Gِ Hْ Iَ 7
َ ‫ َو‬
َ *ْ َ‫ ِإ‬Bُ 0‫! ا‬
َFَJ
ْ ‫ِ! َآَ َأ‬FJ
ْ ‫*َ َوَأ‬5ْ K ‫! ا‬
َ (ِ
َ Hَ *ِ5َ L
َ Iَ 7
َ ‫ َ َة َو‬9
ِ N‫ا َر ا‬0‫ ا‬Bُ 0‫ك ا‬
َ َIP َ*ِ: Gِ 2َ 'ْ ‫وَا‬
4
5
6 !
َ $ِF
ِ ْ ُ ‫ ا‬
K
ِ $ُ
7
8
9 `But seek, with the (wealth) which God has bestowed on thee, the Home of the Hereafter, not
10 forget thy portion in this world: but do thou good, as God has been to thee, and seek not
11 (occasions for) mischief in’. [Surah al-Qasas: 77]
12
13
14
Fo
15
16
17 Some examples of Akhlaq that can be referred in the Quran from several verses are as
18
rP
19 below;
20
21
22 • Honesty and integrity in all dealings (16:92)
ee
23
24
• The Administration of justice (4:58,42) (6:153) (42:15)
25
26
Loyalty (4:59)
rR
27
•
28
29 • The principle of personal responsibility (6:164)
30
• Cooperation and its limit (5:2) (76:24)
ev
31
32
33
34
ie
35 Three features of early Islamic governance are; First, Islamic governance assimilated some
36
37 foreign systems with its own concept. For example, in Syria and Egypt, the Arabs adopted
w
38
39
40 Roman system and in Persia, the Persian government system. Second, Islamic governance
On
41
42 dominated by religious and moral spirit with `Fear to Allah the Al-Mighty’ is the central focus.
43
44 Third, Islamic governance encouraged Muslim to practice ijtihad and respected Muslim
45
ly
46
47 opinions and experience if they are not contradict to Shariah.40
48
49
50 In order to achieve effective governance via al- siasah al-sharìyyah several fundamental
51 principles can be outlined as below:
52
53
54
55
56 40
57 Al-Buraey, opcit., p.233
58 18
59
60
1
2
3
1. Al-Iman (Faith and hold sovereignty to Allah and His Messenger (p.b.u.h)
4
5
6 2. Al-Amanah (Accountability)
7
8 3. Al-Akhlaq (Good morale value)
9
10 4. Al-Shura (Mutual Consultation)
11
12 5. Al-Hisbah (Prevention and forbidding wrongdoing)
13
14
Fo
15
16
17 For the purpose of this writing, only the principle and practice of al-amanah and al-Shura
18
rP
19 centred on public interest and concern is discussed. It must be noted that there are many opinions
20
21
on the principles underlined by different scholars including Al-Mawardi, al-Farabi, Ibn
22
ee
23
24 Taimiyyah and Ibn Khaldun. However, besides the differences the main objective of al-siasah
25
26 al-sharìyyah which is to feed the purpose of better ruling and bringing social benefit to the
rR
27
28
29 public is undisputable. This concept is flexible in nature whereby it must always comply not only
30
with the guidelines from the Quran and Sunnah (the prophet tradition) but also relevant to the
ev
31
32
33 needs of the society as the circumstances of the age and place require as long as the needs are not
34
ie
35
36 against with the Islamic law or shariah. According to A.Maududi41 ;
37
w
38
39 The shariah has given us broad framework of administrative law-exactly in the same way
40 as it has given the fundamentals of constitutional law and has left it to the discretion of
On
41 the Muslims to build up the details in accordance with the demands of the age or country
42
in which they live-subject, of course, of the limits prescribed by the shariah.
43
44
45
ly
46
47 In practising the concept and principles of al-siasah al-syarìyyah in the context of
48
49 what is contemporary known as effective governance, Caliphate Umar ibn al-Khattab
50
51
proved succeed in His ten years leadership. His governance is categorized by
52
53
54
55
56 41
57 A.Maududi, (1969:53-54):
58 19
59
60
1
2
3
innovation, reform and highly accountable.42 To illustrate, many Islamic writings wrote
4
5
6 that during his leadership, Umar once said he was afraid that a mule might fall off the
7
8 mountainous roads in Iraq and break its legs, and that God might ask him why he had
9
10
11
not paved the roads in the area. His concern on public interest and safety can be clearly
12
13 understood from the citation below;43
14
Fo
15
16 Ì have appointed over you governors and agents not to beat your bodies or take your
17 monies, but rather to teach you and service you’.
18
rP
19 `Listen, verily I am not sending you as rulers and potentates; rather, I am sending you as
20
21
the leaders of guidance so that men may follow you. Render unto the Muslims their
22 rights; beat them not, lest you humiliate them; praise them not lest you make them
undisciplined. Do not shut your doors against them, lest the strong among them devour
ee
23
24 the weak ones.’
25
26
rR
27
28 In upholding the principle of al-amanah (responsibility and accountability) the caliph said:
29
30
`What I do right, assist me; Where I do wrong correct me’.44 In governing effectively based on
ev
31
32
33 public interest, his ruler ship underlined several conditions in selection and appointment of civil
34
ie
35 servant. They are firstly, must be amongst good characteristics including pious, capable and
36
37
w
38 trustworthy person. Secondly, the one selected will be appointed temporarily for two or three
39
40 months to undergo a testing period before joining the government permanently. A testing period
On
41
42 is to evaluate person behaviour and competency and before appointment is made, caliph Ùmar
43
44
45 usually consulted his advisory council. This institution and practise is known as al-Shura.
ly
46
47 Thirdly, the promoted state officials will be paid in high salary. This high salary policy initiated
48
49
50
51
52
53 42
54 Al-Rawaf,1980:14
43
55 Abdel Hadi, 1970:73
44
56 Abi Farraj ‘Abdul Rahman bin ‘Ali bin Muhammad Ibn al-Jawzi (1987), Manaqib amir al-mukminin Umar ibn
57 al-Khattab,Beirut: Dar al-Kutb al-Àlamiyah, p.58
58 20
59
60
1
2
3
to pay for their honesty and ensure no reason for them to take bribery.45This merit-based
4
5
6 recruitment and promotion, career growth policies and incentives are crucial to retain the better
7
8 performers within the civil service. Indeed this was one of the mechanism to curb malpractice
9
10
11
and corruption that undermine effective governance to be practiced. Civil servants need to be
12
13 adequately paid if they are to maintain the probity,professionalism and integrity that should be
14
Fo
15 required of the public service.
16
17
18
rP
19 Caliph ‘Umar often checked on Muslim affairs and obtained information about them
20
21 through an in-person survey. He entered the markets and strived to solve any conflicts that
22
ee
23
24
occurred during his time. He even aspired to explore all the Islamic territories to get a view of
25
26 his people with his own eyes. He also stated that: “If I’m being able to live for a long time, I
rR
27
28 will go and explore all the Islamic territories by myself to view on my people. I know that they
29
30
have various needs that cannot be fulfilled without my presence. Only that the problem did not
ev
31
32
33 reach to me, whether the governor failed to contact me. I go to Syam and stayed there for two
34
ie
35 months. And then I go to Jazirah and been there for two months. And then I go to Egypt, Kufah
36
37
w
38 and Basrah, and each place I stayed for two months. I hope that my effort can be regarded as a
39
40 good effort by Allah”.46
On
41
42
43 At-Tabari narrated that Sayyidina ‘Umar Ibn al-Khattab gave a speech to the public on
44
45
ly
46 one day and said:47

47
48
49 “O my comrades, in the name of Allah, I did not send a representative or a governor to hurt you
50 all. Not also to confiscate your property. But they are sent to you to teach you about Islam and
51 al-Sunnah. Those who do things beside this, please forward the complaints to me. In the name
52
53 45
54 Shibli Nu’mani, 1957,16
46
55 ’Abi Farraj ‘Abdul Rahman bin ‘Ali bin Muhammad Ibnu al-Jawzi (1987) opcit., p. 63.
56 47
57 Ibid.
58 21
59
60
1
2
3
of Allah, I will take serious action to those who deviate from that. Suddenly stand up ‘Amr al-
4
5 ‘As and say ‘O Amirul Mukminin, are you going to take an action to those who carried out
6 nation’s affairs and give out services to the citizen? ‘Yes’ said Sayyidina ‘Umar, “Why not?”
7 Whereas I witnessed Rasulullah also doing so by myself. Then Sayyidina ‘Umar said to ‘Amr al-
8 ‘As “What fears the citizen most are a cruel leader and a brutal king. Then he advises his
9 officers “Remember! Don’t you ever hurt the Muslims. If you do so, it means that you have
10
11
insulted them. Don’t leave your army too far and too long from their families because it can
12 lead to a defamation to them and also don’t you ever obstruct their rights, because this will make
13 them opposed”.
14
Fo
15 To meet the necessity of the public and governing well, caliph Umar also introduced
16
17 the following reformations48:
18
rP
19
20
21
1. Institution of hisbah. It is an institution to maintain law and order in the
22 marketplace. It is headed by an officer known as muhtasib.
ee
23
24 2. A special office for investigating complaints that reaches caliph. A very
25 reliable and trustworthy person is appointed for the post.
26
rR
27 3. A bait al-mal or Treasury House.

28
29
30
ev
31
32 Under caliph‘Umar leadership, he also changed the administrative pattern effectively and
33
34 efficiently. He separated the judicial and executive duties in order to specialize the management
ie
35
36
of both effectively. Special judges (qadi) were appointed to perform the function of judiciary
37
w
38
39 who were distinct and separate from the role of the governor of the province and territories and
40
On
41 qadi’s were placed under the supervision of the caliph.49 Separation of power can give benefit
42
43
44
judicial management and enable the administration of the court to run efficiently. The ideological
45
ly
46 system suggested by ‘Umar was among the best with the separation of power encouraging both
47
48 leaders and the people to use power and authority in the right place.50
49
50
51
52
53 48
54 Ibid, p.336-9
49
55 Ibid., p. 135.
50
56 Irfan Mahmud Ra’ana (1970), Economic System Under Umar The Great, Lahore: Kashmiri Bazar, p. ix.
57
58 22
59
60
1
2
3
Further, strategic planning in economic systems was also introduced, providing the most
4
5
6 benefit to the people, state and in due respect to his responsibility and accountability to Allah.
7
8 Caliph ‘Umar inspired the best economic systems, where economic equality, was set as the goal
9
10
11
to be achieved as well as the principle to be established successfully, emphasizing equity and
12
13 equality, which are based upon the Quranic principles. He introduced a variety of revenue
14
Fo
15 systems for countries which formed the foundation of the land tenure system. The different
16
17
18 systems of land tenure that were prevalent in the Muslim Empire during the caliphate of ‘Umar
rP
19
20 Ibn al-Khattab were:
21
22
ee
23 1) Iqta or Individual ownership system. Iqta’ also called fief. This institution was very
24
25
26 important and had far-reaching effects upon the land system of Arabia, which, due to its
rR
27
28 nomadic life, was not very aware of landed property belonging to one individual. The
29
30 grant of iqta’s conferred proprietary rights on the beneficiaries such that an iqta became
ev
31
32
33 iqta tamlik, a fief conferring the right of property. The owners were thus free to use the
34
ie
35 land in any way they liked.

36
37
w
2) Hima or collective land-ownership system. Hima was a very important institution

38
39
40 prevalent at the time of Umar. It means that the land is owned by one or more tribes.
On
41
42 3) Crown lands and state landlordism. With the conquest of different countries, state
43
44
45
landlordism also flourished. Under this system land belonged to the state and cultivators
ly
46
47 were the tenants of the state. The tenant did not enjoy proprietary rights and the land
48
49 could not be transferred or sold by the occupants.
50
51
52 4) Private Landlordism. This was first practiced by the Prophet who made an agreement
53
54 with the Jews and Khaybar.
55
56
57
58 23
59
60
1
2
3
5) Peasant-proprietorship. In this system the owner tilled the land. This system was
4
5
6 common in Arabia, especially in those parts that were arable and fertile.51
7
8
9 Caliph ‘Umar also introduced land reform following the conquest of agricultural
10
11 countries like Iraq, Iran and Egypt. ‘Umar took a bold step in which he abolished absentee-
12
13
14 landlordism and changed the whole pattern of land ownership in the Islamic Empire. A
Fo
15
16 hadith of the Holy Prophet reported by Aishah reads: 52
17
18
rP
19 #' QJ‫ وه ا‬J7 @F* R‫* ار‬J‫(! أ‬
20
21
22
One who cultivated the untilled land which did not belong to anyone has prior right to it.
ee
23
24
25
26 Caliph ‘Umar recognized the importance of agriculture in a flourishing economy and took
rR
27
28 many steps for its improvement. Irrigation canals were laid out in the conquered lands, and a
29
30
large department was organized for constructing dams, excavating tanks, and for the building
ev
31
32
33 of canals and sluices for the distribution of water.53
34
ie
35
36 Moreover, if the concept of modern or contemporary effective governance concentrating on
37
w
38
transparency, accountability, people’s participation and meeting their interest, in al-siasah al-
39
40
On
41 sharìyyah, the principle of al-shura is best explained those focuses. Al-shura as an Arabic term
42
43 simply means mutual consultation and it is mentioned twice in the Quran as a praiseworthy
44
45
ly
46
47
48
49 51
50 Ibid., p. 1-10.
52
51 Al-Nasa'i, (1991), Al-Nasa'i, Abu cAbd Rahman Ahmad bin Syucayb (1991), Kitab al-Sunan al-Kubra, vol. 3.
52 Beirut : Dar al-Kutub al-cIlmiyyah, p. 404, Abu cUbayd (1988), Kitab al-Amwal, Beirut : Dar al-Fikr, p.. 362, Al-
C
53 Asqalani, Ahmad bin CAli bin Hajar (1997), Fath al-Bari Syarh Sahih al-Bukhari, vol.5. CAmman : Maktabah
54 al-Risalah al-Hadithah, p. 24.
53
55 ’Abi Farraj ‘Abdul Rahman bin ‘Ali bin Muhammad Ibnu al-Jawzi (1987), Manaqib ‘Amirul Mu’minin ‘Umar al-
56 Khattab, Beirut: Darul Kutub,p. 60.
57
58 24
59
60
1
2
3
activity. The two verses are as follow;
4
5
6
7
8
9
10
11
12
13
(al-Shura:38)
14
Fo
15 "Those who listen to their Lord, and establish regular Prayer; who (conduct) their affairs by
16
17 mutual consultation; who spend out of what We bestow on them for Sustenance" [are praised]
18
rP
19
20
21
22
ee
23
24
25
26
rR
27
28
29 (Ali-Ìmran:159)
30
ev
31
32 “It is part of the Mercy of God that you deal gently with them.Were you severe or harsh-
33
34 hearted, they would have broken away from about you: so pass over (their faults), and ask for
ie
35
36 (God’s) forgiveness for them;and consult them in affairs (of moment). Then, when you have
37
w
38
39 taken a decision put your trust in God.For God loves those who put their trust (in Him)”.
40
On
41
42
43
44
This principle demonstrates many important values for governance including transparency,
45
ly
46 accountability, respect, empowerment, freedom of expression, dignity of the human individual

47
48 and cooperation all together in one practice. Besides, it proves that Islamic governance
49
50
51 appreciates and welcomes other parties and entities in its decision making system. Those entities
52
53 kept on expanding and growing with its members consisting of leaders from various tribes,
54
55 whom are proven qualified including ‘Ali Ibn ’Abi Talib, ‘Uthman Ibn al-‘Affan, Talhah,
56
57
58 25
59
60
1
2
3
‘Ubaydillah, al-Zubayr ‘Awwam, Sa‘ad ’Abi Waqqas, and ‘Abdul Rahman Ibn ‘Auf. They were
4
5
6 the meeting members especially when it came to decide upon important matters. Caliph ‘Umar
7
8 gave a message to them, saying “ I find out that all of you are the leaders of your community and
9
10
11
all matters that need to be decide stop upon all of you”.54
12
13
14
Fo
15 This principle and practice also stipulates `rida al awam’, that is popular consent, ìjtihad
16
17
18 jamaì’, that is collective deliberation and `masùliyah jama’iyyah’, that is collective
rP
19
20 responsibility as a prerequisite to the establishment of Islamic effective governance.
21
22
ee
23
24
25
26 Conclusion
rR
27
28 This writing is to regenerating the concept of al-siasah al-sharìyyah in contemporary discussion
29
30 and study. It is shown that the notion of effective or good governance in contemporary
ev
31
32
33
discussion is useful in activating the fundamental of al-siasah al-sharìyyah to be practiced in
34
ie
35 current situation and governance. It is proved from the literature review that the concept of
36
37 effective governance itself is disputable and full of argumentations that the public in particular
w
38
39
40 may not be able to comprehend the terminology or indeed the usage before getting the clear but
On
41
42 yet simple explanation as the writing tried to accomplish. The explanation of the governance is
43
44 crucial for the Muslim to see what solutions that Islamic teaching had provided in its literature
45
ly
46
47 and practice. It is shown in this writing that the concept of al-siasah al-sharìyyah with Shariah
48
49 as a framework and their values and characteristics can be the yardstick to effective governance.
50
51
The flexibility of al-siasah al-sharìyyah in getting new ideas and practice as long as in does not
52
53
54
55 54
56 Ibid., p. 63.
57
58 26
59
60
1
2
3
contradict to the Shariah can bring better living to the people and enable the concept to be
4
5
6 practiced effectively to suit its period, place and population. Several characteristics underlined
7
8 for governance are also in accordance to the rules of moral (akhlaq) in Islam. There will be no
9
10
11
such thing as governance if it is carried out in a bad and immoral manner. This idea is scrutinized
12
13 in Caliphate Umar ibn al-Khattab governing system. His governance concentrated in the practice
14
Fo
15 of accountability (al-Amanah) and responsibility, respect, carefulness and a high regard for his
16
17
18 people. Many reformations and innovations in governing introduced during his period and he is
rP
19
20 well known as a father of reformation. The process in which governance is taken place can also
21
22 be learnt from the practice of al-shura where multiple entities involved in decision-making. As a
ee
23
24
25 result the people gained benefits economically, socially and politically prosperous with the faith
26
rR
27 to God. Umar focuses was on the well being of the people(maslahah ammah) in particular those
28
29
poor and underprivileged people, as this class made a bulk of any community .The idea of
30
ev
31
32 Government to citizen (G2C) that became the major theme to effective governance had long
33
34 been practiced in caliphate Umar’s governance. For example, to ensure that nobody sleeps
ie
35
36
37 hungry in his empire, he used to walk through the streets almost every night to see if there is any
w
38
39 one needy or ill. Hence, he earned the title Al-Farooq (The one who distinguishes between good
40
On
41 and bad) and his house as Darul Adal (house of justice). Also, Omar was the first Caliph to be
42
43
44 called (Amir al-Mu'minin; Commander of the Faithful).It is therefore strongly suggested that this
45
ly
46 concept and practice can be a good guidance in practicing effective governance.

47
48
49
50
51
52
53
54
55
56
57
58 27
59
60
1
2
3
BIBLIOGRAPHY
4
5
6
7 ‘Abdullah bin ‘Abdul Muhsin al-Turky (1998), al-Bidayah wa al-Nihayah, Jilid 13, Hajar: al-
8 Taba‘ah Wa an-Nasyar.
9
10 ‘Abdul Wahhab Khallaf (1984), Siasah al-Syar’iyyah, Vol 2, Beirut: Muassasah al-Risalah.
11
12
13
14 ’Abi al-Hassan ‘Ali B. Muhammad (2000), al-’Ahkam al- Sultaniyyah, Beirut: Dar al-Kutub al-
Fo
15 ‘Ilmiah.
16
17
18
’Abi Farraj ‘Abdul Rahman bin ‘Ali bin Muhammad Ibnu al-Jawzi (1987), Manaqib ‘Amirul
Mu‘minin ‘Umar al-Khattab, Beirut: Darul Kutub.
rP
19
20
21 Abu cUbayd (1988), Kitab al-Amwal, Beirut : Dar al-Fikr.
22
ee
23 Acemoglu, Daron, Simon Johnson, and James A. Robinson. 2001. “The Colonial Origins of
24
25 Comparative
26 Development: An Empirical Investigation.” American Economic Review 91 (5): 1369–1401
rR
27
28 ’Ahmad Fathi Bahansi (1965), al-Siyasah al-Jinayah fi al-Syariat al-Islam, Mesir: Maktab Darul
29 al-‘Umdah.
30
ev
31
32 ’Ahmad Ibrahim Abu Sin (1981), Idarah Fi al-Islam, Makkah Mukarramah: Darul Khariji.
33
34 Al-CAsqalani, Ahmad bin CAli bin Hajar (1997), Fath al-Bari Syarh Sahih al-Bukhari, vol.5.
ie
35 Amman : Maktabah al-Risalah al-Hadithah.

36
37
w
38 Al-Bura’ey, Muhammad A. (1988) Administrative Development: An Islamic Perspective,

39 London: Kegan Paul International.
40
On
41 Al- Maqrizi (t.t), Hutat al- Maqrizi, Chapter 2, Beirut: Dar Sadr.
42
43
44
Al-Nasa'i, (1991), Al-Nasa'i, Abu cAbd Rahman Ahmad bin Syucayb (1991), Kitab al-Sunan al-
45 Kubra, vol. 3. Beirut : Dar al-Kutub al-cIlmiyyah.
ly
46
47
48
49
Adrianna Kezar TI: What is more important to effective governance: Relationships, trust, and
50
51 leadership, or structures and formal processes? SO: New Directions for Higher Education, VL:
52 2004, NO: 127, PG: 35-46, YR: 2004, CP: Copyright © 2004 Wiley Periodicals, Inc., ON: 1536-
53 0741, PN: 0271-0560, AD: University of, Southern California's Higher Education Program, DOI:
54 10.1002/he.154, US: http://dx.doi.org/10.1002/he.
55
56
57
58 28
59
60
1
2
3
Asian Development Bank, Policy Papers: http://www.adb.org/Documents/Policies/PCP/PCP-R-
4
5 Paper.pdf.
6
7 Fathi Uthman (1979), Usul al-Fikr al-Siasi al-Islami, Vol 1, Beirut: Muassasah al-Risalah.
8
9 Ghalib ‘Abdul Kafi al-Qursyi (1990), Awlawiyyat al-Faruq fi al- Idarah wal Qadha’, Beirut:
10
11 Mua’ssasah al-Kutub al-Thaqafiyah.
12
13
14 Governance for sustainable human development A UNDP policy document
Fo
15 http://www.pogar.org/publications/other/undp/governance/undppolicydoc97-e.pdf.
16
17
18
rP
19 Ibnu Manzur (1968), Lisan al- ‘Arab, Jilid 6, Beirut: Darul al-Shadr.
20
21
22 Ibnu Qayyim al-Jawziah (1961), al-Turuq al-Hukumiyyah fi al-Siyasah, Cairo: Mu’assah al-
ee
23
24 ‘Arabiyyah.
25
26
rR
27 Irfan Mahmud Ra’ana (1970), Economic System Under Umar The Great, Lahore: Kashmiri
28 Bazar.
29
30
ev
31
32 M.A Niaz (1987), “Trends and Development in the Tools of Management and Decision Making
33 in Contemporary Period: Appraisal From Islamic Perspective”, Regional Seminar on
34 Islamic Management, 6-10 April 1987, Genting Highland: Pahang.
ie
35
36
37 Masaudul Alam Choudhury (1986), Contribution to Islamic Economic Theory- A Study in Social
w
38 Economics, London: The Macmillan Press LTD.

39
40
On
41 Mohd. Nakhaie Hj. Ahmad (1982), “Siasah Syar‘iyyah Konsep dan Penerapannya”, Muzakkarah
42
43
‘Ulama Malaysia, 17-19 Disember 1982, Kuala Lumpur: Maktab Perguruan Islam.
44
45
ly
46 Muhammad Baqir al-Sadr (1982), Iqtisaduna, Beirut: Dar al-Tarut li al-Matbu‘at.

47
48 Rodrik, Dani, Arvind Subramanian, and Francesco Trebbi. 2004. “Institutions Rule: The Primacy
49
50 of
51 Institutions over Geography and Integration in Economic Development.” Journal of
52 Economic Growth 9 (2): 131–165.
53
54
55
56
57
58 29
59
60
1
2
3
Sakiko Fukada-Parr & Richard Ponzio, “Governance: Past, Present, Future Setting the
4
5 Governance Agenda for the Millennium Declaration, UNDP.org/governance.
6
7
8 Sharifah Hayaati Syed Ismail al-Qudsy (2004), ), Efektif Governan Di Malaysia Menurut
9
10
Perspektif Islam, K.Lumpur: Penerbit Universiti Malaya.
11
12
13 Surtahman Kastin Hasan (1990), Ekonomi Islam, Bangi: Universiti Kebangsaan Malaysia.
14
Fo
15
16
17
The Institute on Governance (2002), “Governance Principles for Protected Areas in The 21st
18 Century”, (Kertas Kerja Perbincangan anjuran Park Canada, 22 April 2002),
rP
19 http://www.iog.ca/publications/PA_governance.pdf
20
21
22
The Commission on Global Governance, http://www.gdrc.org/u-gov/governance-define.html.
ee
23
24
25
26 The Organization of Economic Co-operation and Development , www.oecd.org/dac.
rR
27
28
29
30
The Rightly-Guided Caliphs, http://www.usc.edu/dept/MSA/politics/firstfourcaliphs.html
ev
31
32
33 W. Robert Lovan (2004), Participatory Governance Planning, Conflict Mediation and Public
34 Decision Making in Civil Society, England: Ashgate Publishing Limited.
ie
35
36
37
Zygmunt Bauman (1993), Postmodern Ethics, Oxford: Blackwell Publisher.
w
38
39
40
On
41
42
43
44
45
ly
46
47
48
49
50
51
52
53
54
55
56
57
58 30
59
60
View publication stats

Effective Governance From A Comparative Perspective - Caliph Umar Bin Al-Khattab

Încărcat de

Informații document

Titlu original

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

Effective Governance From A Comparative Perspective - Caliph Umar Bin Al-Khattab

Încărcat de

Drepturi de autor:

Formate disponibile

See discussions, stats, and author proﬁles for this publication at: https://www.researchgate.

EFFECTIVE GOVERNANCE FROM A COMPARATIVE PERSPECTIVE AND ITS PRACTICE

Article · May 2010

Sharifah Hayaati Syed Ismail

Religious Input for Work family Balance View project

The user has requested enhancement of the downloaded ﬁle.

EFFECTIVE GOVERNANCE FROM A COMPARATIVE

CALIFHATE `UMAR IBN AL-KHATTAB (634-644)

Journal: Journal of Development Studies

Manuscript ID: Draft

Manuscript Type: Original Manuscripts

Economic development < Economics, Democracy < Government,

27 excellent government is not necessary producing effective governance. Embedded in both

will not however, goes

27 nontransparent, unaccountable, and restricted governance is detrimental to development and

38 6. Freely available information

35 practice is said as too ideal and impossible.27

35 maqasid al-shariah are;

46 one day and said:47

27 3. A bait al-mal or Treasury House.

35 land in any way they liked.

2) Hima or collective land-ownership system. Hima was a very important institution

46 accountability, respect, empowerment, freedom of expression, dignity of the human individual

46 concept and practice can be a good guidance in practicing effective governance.

35 Amman : Maktabah al-Risalah al-Hadithah.

38 Al-Bura’ey, Muhammad A. (1988) Administrative Development: An Islamic Perspective,

38 Economics, London: The Macmillan Press LTD.

46 Muhammad Baqir al-Sadr (1982), Iqtisaduna, Beirut: Dar al-Tarut li al-Matbu‘at.

View publication stats

S-ar putea să vă placă și