Islamic Government

All the revealed Major Religions of the world viz Islam, Christianity
and Judaism have in their Scriptures very clear Instructions to Rule
and Govern by the Laws revealed by Allah. Those who disobey are
Kafiroon.

QURAN: [SURAH AL-MAEDA-No.5] ‘’Verily, We did send down the Taurât (Torah)
[to Mûsa (Moses)], therein was guidance and light, by which the Prophets, who
submitted themselves to Allâh's Will, judged for the Jews. And the rabbis and
the priests [too judged for the Jews by the Taurât (Torah) after those Prophets]
for to them was entrusted the protection of Allâh's Book, and they were witnesses
thereto. Therefore fear not men but fear Me (O Jews) and sell not My Verses for a
miserable price. And whosoever does not judge by what Allâh has revealed,
such are the Kâfirûn (i.e. disbelievers - of a lesser degree as they do not act on
Allâh's Laws[]). (44) And We ordained therein for them: "Life for life[], eye for
eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal." But
if anyone remits the retaliation by way of charity, it shall be for him an expiation.
And whosoever does not judge by that which Allâh has revealed, such are the
Zâlimûn (polytheists and wrong¬doers - of a lesser degree). (45) And in their
footsteps, We sent 'Īsā (Jesus), son of Maryam (Mary)[], confirming the Taurât
(Torah) that had come before him, and We gave him the Injeel (Gospel), in which
was guidance and light and confirmation of the Taurât (Torah) that had come
before it, a guidance and an admonition for Al-Muttaqûn (the pious - see V.2:2).
(46) Let the people of the Injeel (Gospel) judge by what Allâh has revealed
therein. And whosoever does not judge by what Allâh has revealed (then) such
(people) are the Fâsiqûn (the rebellious i.e. disobedient (of a lesser degree) to
Allâh. (47) And We have sent down to you (O Muhammad SAW) the Book (this
Qur'ân) in truth, confirming the Scripture that came before it and Muhaymin
(trustworthy in highness and a witness) over it (old Scriptures)[]. So judge
among them by what Allâh has revealed, and follow not their vain desires,
diverging away from the truth that has come to you. To each among you, We
have prescribed a law and a clear way. If Allâh had willed, He would have made
you one nation, but that (He) may test you in what He has given you; so compete
in good deeds. The return of you (all) is to Allâh; then He will inform you about
that in which you used to differ (48) And so judge (you O Muhammad SAW)
among them by what Allâh has revealed and follow not their vain desires, but
beware of them lest they turn you (O Muhammad SAW) far away from some of
that which Allâh has sent down to you. And if they turn away, then know that
Allâh's Will is to punish them for some sins of theirs. And truly, most of men
are Fâsiqûn (rebellious and disobedient to Allâh). (49) Do they then seek the
judgement of (the days of) Ignorance?[] And who is better in judgement than
Allâh for a people who have firm Faith. (50)

Please consider the following verse:

5:44 We did send down the Torah containing guidance and a light. By it the Prophets who always
sincerely submitted to Allah (allatheena aslamoo), judged the Jews. And the rabbis and the priests
judged according to Allah’s Scripture as they were commanded to observe. For to them was
entrusted the protection of Allah’s Book, and they were witnesses to it. So, fear not people, but
fear Me and do not trade away My Revelations for petty gains. Whoever does not judge and rule
according to what Allah has Revealed, such are the disbelievers (Kafiroon).

In the above verse, two categories of people are mentioned:

1. allatheena aslamoo [i.e. Those who submit (to Allah) or those who are Muslims]. They
judge or rule according to what Allah has revealed
2. Kaafiroon. These are those who do not judge according to what Allah has revealed

From the verse 5:44 given above, it becomes clear that those who judge or rule according to what
Allah has revealed are Muslims and those who do not judge or rule according to what Allah has
revealed are Kafiroon.

All the Prophets of Bani Israel (including Moses) were Muslims or Submitters (to Allah) and used
to rule, judge and decide matters of their public according to the Divine Revelation (At-Taurat or
Torah) [5:44]. Following their footsteps, Jesus, son of Maryam also used to rule, judge and decide
matters of his public according to Injeel, the Book revealed to him [5:46-47]. Then came the last of
the prophets of Allah, Muhammad (s.a.) and Al-Quran was the Book that was revealed to him. The
Quran is the last of the Divine Revelation and is the Watcher over the old Scriptures and guards
the Truth in them. Like all the previous prophets, Muhammad (a.s.) was also commanded by Allah
to rule, judge or decide matters according to what was revealed to him [5:48], and so he did.

Those who do not rule, judge or decide matters according to what Allah has revealed are Kafiroon
(5:44), Zalimoon (5:45) and Fasiqoon (5:47), according to the Quran.

In the verses 5:44, 5:45 and 5:47, the word ‘yahkum’ has been used from which the word
hakoomat is. In the light of the verse 5:44, an Islamic hakoomat (or government) can be
defined as the one that rules according to the Quran, the last of the Books revealed by
Allah.

Today, there is no single Government in the whole world which rules, judges or decides matters
solely according to what Allah has revealed. All Governments are of Kafiroon, Zalimoon or
Fasiqoon. There is no Islamic Government that exists on the face of earth today.

The Quran, Constitutionalism and the Rule of Law

Tracing the genealogy of constitutionalism, Mads Qvortrup*, in his book 'The Political Philosophy
of Jean-Jacques Rousseau', writes that "the law given to Moses by the Lord was the birth of
constitutionalism....The power of the king, or ruler, was restricted by a higher law....Unlike their
contemporary colleagues in Babylon or Egypt, the Jewish kings were restricted in their action by
the law as laid down by God....The king's role was to apply the law - he was a judge rather than a
law-giver....Political theorists and practitioners, until Marsilius of Padua, held it undisputed that the
law was given by God... and that the ruler could not, and should not, change the law but merely
apply it...

[ The modern day anti-religious plan to take over the power to make Law and thus disregard Allah’s Law : The work of
Marsilius of Padua in the fourteenth century was a turning point. [Marsilius was of the view that] The ruler should
legislate - not merely adjudicate.’’]
The Quran says in Chapter 5 verse 44:

It was We who revealed the law (to Moses): therein was guidance and light. By its standard have
been judged the Jews, by the prophets who bowed (as in Islam) to Allah's will, by the rabbis and
the doctors of law: for to them was entrusted the protection of Allah's book, and they were
witnesses thereto: therefore fear not men, but fear me, and sell not my signs for a miserable price.
If any do fail to judge by (the light of) what Allah hath revealed, they are (no better than)
Unbelievers.

Al-Qur'an, 005.044 (Al-Maeda [The Table, The Table Spread])

According to 5:44 given above, Jews were judged by the Prophets of their times according to the
book of Allah (At-Taura). Hence there was a rule of law and the law was in At-Taura (the
Testament).

The Quran further says in Chapter 5 verse 46-47:

And in their footsteps We sent Jesus the son of Mary, confirming the Law that had come before

him: We sent him the Gospel: therein was guidance and light, and confirmation of the Law that
 had come before him: a guidance and an admonition to those who fear Allah.

Let the people of the Gospel judge by what Allah hath revealed therein. If any do fail to judge by

(the light of) what Allah hath revealed, they are (no better than) those who rebel.

Al-Qur'an, 005.046-47 (Al-Maeda [The Table, The Table Spread])

According to 5:46-47 given above, the people of the Gospel would also judge according to the Law
revealed by Allah to Jesus the son of Mary.

The Quran further says in Chapter 5 verse 48:

To thee We sent the Scripture in truth, confirming the scripture that came before it, and guarding it

in safety: so judge between them by what Allah hath revealed, and follow not their vain desires,

diverging from the Truth that hath come to thee. To each among you have we prescribed a law

and an open way. If Allah had so willed, He would have made you a single people, but (His plan

is) to test you in what He hath given you: so strive as in a race in all virtues. The goal of you all is

to Allah; it is He that will show you the truth of the matters in which ye dispute;

Al-Qur'an, 005.048 (Al-Maeda [The Table, The Table Spread])

Aaccording to 5:48 given above, the last Messenger of Allah, Muhammad (pbuh), was also
commanded by Allah to judge according to (the Law) which was revealed to him.

All the above given verses say that be it Moses (pbuh), Jesus (pbuh) or Muhammad (pbuh), all
were to judge their people according to the Divine Laws revealed to them.
The emphasis on the rule of the (Divine) law is clear from the following:

...If any do fail to judge by (the light of) what Allah hath revealed, they are (no better than)
Unbelievers.[5:44]

... And if any fail to judge by (the light of) what Allah hath revealed, they are (No better than)

wrong-doers.[5:45]

...If any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) those
who rebel. [5:47]