Running the Islamic state

by **samirisaoui** Tue Jan 07, 2014 3:46 am

If there is a decisive text (not carrying the possibility of interpretation) coming from the Qur’an or authentic Hadith, then it is established law for Muslims and no one has a right to suggest otherwise. God says:
“It is not for a believer man or woman, when God and His messenger have decided a matter that they should have any decision in that matter” (Quran 33:36).
Other than that it is incumbent on the Imam to make consultation with his top scholars and governors. The first thing to consider in his decision making is whether or not he is a scholar of Islamic Jurisprudence (Fiqh). If he is a scholar then he is not obliged to act on any of the opinions he encounters in his consultation. In this case he is supposed to exert his efforts to produce proof from the Islamic texts and to prove the benefit his decision has in it for the people. Almighty God says:
“and whoever does not judge by what God has revealed, then those are the Disbelievers” (Quran 5:44).

If the Leader is not a scholar per se then he will not be able to exert his efforts to reach a correct decision. Therefore, it becomes obligatory to take one of the opinions provided by the scholars he consulted. He should consider from among the opinions provided, which ruling will be most beneficial and prevent any hardships facing the masses. He should consult others in the crucial issues only. For example the declaration of war, a peace treaty, or policies that have major implications for the nation. However ordinary issues can be organized through the general framework of rules and regulations for the state.
The general framework of government held by the Islamic government in the first generations of Muslims was surprisingly similar to the modern system. The Caliph would first choose governors and judges and post them in different territories. He would send yearly delegations to check on their leadership and governing abilities. If they made a mistake he would reprimand them and advise them and if they persisted he would replace them. If the people differed with the governor, he would personally come and judge between them. If the people had the proof then the Caliph would remove that governor or judge then he would send another in their place. It even happened that the Caliph publicly had a governor lashed for drinking alcohol

http://www.the-faith.com