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Social Welfare System

Solutions: Reformation of Governance System

Justice is an absolute standard for the conduct of human relations while democracy (vis-a-vis shuracracy) is a formalism by which decisions are made. In modern times, Western societies have had more success in establishing a degree of domestic justice within a democratic formalism than have Muslim societies. Assertions that this is because Islam is inherently unjust or undemocratic are fallacious.

Muslims face special challenges, firstly, democracy is a contentious term with conflicting definitions and perceptions. Although attracted to the concept of elected leadership, the Muslim world has had insufficient familiarity with its nuances and insufficient experience with its practice. We may compare the turns and upheavals faced by the British in the centuries it took to establish their democracy with the difficult and painful progress of Iran in establishing an Islamic republican government. We may also compare the obstacles faced by the Americans in moving from the Declaration of Independence to the Constitution with the constitutional issues facing the Iraqis today.

Muslims have preferred to take a personal rather than corporate approach to social issues. While this has certain advantages over the Western approach, it has had the undesirable consequence that Muslims have paid insufficient attention to questions of sound institutional governance. The only serious modern corporate institution in the Muslim world has been the state, but because it has been unconstrained by sound institutional governance, the state has been neither just nor consultative. Sound governance must incorporate shurah and ijma` while respecting justice as both a means and a goal. The Quran says :

• "And if you rule between people then rule with justice" [Surah al-Mai'dah:42]

The term governance deals with the processes and systems by which an organization or society operates. Frequently a government is established to administer these processes and systems. The word derives from Latin origins that suggest the notion of 'steering'. This sense of 'steering' a society can be contrasted with the traditional 'top-down' approach of governments 'driving' society or the distinction between 'power to' in contrast to governments 'power over'.

Governance has been defined as

• 'the exercise of political authority and the use of institutional resources to manage society's problems and affairs'

and encompasses the use of institutions, structures of authority and even collaboration to allocate resources and coordinate or control activity in society or the economy.

Some suggest that there should be a clear distinction between the concepts of governance and politics. Politics involves processes by which a group of people with initially divergent opinions or interests reach collective decisions generally regarded as binding on the group, and enforced as common policy. Governance, on the other hand, conveys the administrative and process-oriented elements of governing rather than its antagonistic ones. Such an argument continues to assume the possibility of the traditional separation between 'politics' and 'administration'. This distinction is sometimes questioned in contemporary governance practice and theory, under the premise that both 'governance' and 'politics' involve aspects of power.

In general terms governance occurs in three broad ways:

• Through top-down methods that primarily involve governments and the state bureaucracy
• The use of market mechanisms where market principles of competition are employed to allocate resources while operating under government regulation and
• Through networks involving public-private partnerships (PPP) or with the collaboration of community organisations.

Global governance refers to a system-wide structure that both allows and constrains the behaviour of actors in interdependent relationships in the absence of an overarching political authority. The global international system offers the best example of this.

The Islamic socio-political system is based on its specific worldview that although sovereigny lies with God delegated authority lies with the people, whereby the whole system of state ideally from its inception to the selection of the head of the state and all those in positions power as well as its dealings must be conducted by shura, whether it is carried out directly or indirectly through selected or elected representatives. The Quran states : -

• "Their affairs are decided by consultations between them" (Al Shura, 42:38).

Thus the practice of shura was the mechanism followed at all levels in the selection of political leadership by prophet Muhammad (pbuh) and his followers.  It was the Islamic community that selected the first four rightly guided khulafa, although the method of selection and the process of approval differed.  The essential principle was consent and confidence of the community and the accountability of those selected before the community.  Even afterwards when the heredity rule crept in that violated this community right, a façade of bayaa, or community's acceptance of rulers was still maintained. 

The system based on islamic values and principles should be equally accessible to all and equally applicable on members of the society from the lowest to the highest, without any distinction or discrimination.  The Prophet (s) was asked to declare that:

• "I have been commanded to maintain justice between you" (Al Shura, 42:15)
• "The nations before you were destroyed because they would punish the lower class criminals according to the law but would let go those from the higher class." 

These quotations show an overriding concern for justice in all its dimensions: legal, political, social, economic and international. Also, all the personal, civil, political, social, cultural and economic rights of an individual are guaranteed under Islamic law. All people have equal rights and each and everyone is equally responsible before the law.

It is the obligation of the rulers and leadership to ensure that each member of the society particularly the weak, is given his due rights, and furthermore, the rulers are not provided with any arbitrary power.  A body of laws alone is not sufficient for a society to be reformed. In order for law to ensure the reform and happiness of man, there must be an executive power and an executor.  In the past, there has been lack of uniformity, unanimity and consistency in order to establish proper government and remove corrupt leadership. We need righteous and proper organs of government to improve the lives of ordinary people to ensure socio-economic justice, peace and equality.

Government which conforms to Islamic values does not correspond to any of the existing forms of government. For example, it is not a tyranny, where the head of state can deal arbitrarily with the property and lives of the people, making use of them as he wills, putting to death anyone he wishes, and enriching anyone he wishes by granting landed estates and distributing the property and holdings of the people. The prophet Muhammad (pbuh) and the other rightly guided muslim leaders (caliphs) did not have such powers. Government which conforms to Islamic values is neither tyrannical nor absolute, neither monarchial nor imperial, but constitutional. It is not constitutional in the current sense of the word, i.e., based on the approval of laws in accordance with the opinion of the majority. It is constitutional in the sense that the rulers are subject to a certain set of conditions in governing and administering the country, conditions that are set forth in the Qur’an and the Sunnah, a body of laws that have been accepted by the Muslims and recognized by them as worthy of obedience. This consent and acceptance facilitates the task of government and makes it truly belong to the people. In contrast, in a republic or a constitutional monarchy, most of those claiming to be representatives of the majority of people approve anything they wish as law and then impose it on the entire population. In Islam, government has the sense of adherence to law; it is law alone that rules over society, for both the leadership and the people without distinction or favour.       

If this mode of conduct had been preserved, and government had retained its Islamic form throughout history, there would have been no monarchy and no empire, no usurpation of the lives and property of the people, no oppression and plunder, no encroachment on the public treasury, no vice and abomination. Most forms of corruption originate with the ruling class, the tyrannical ruling family and the libertines that associate with them.  It is our duty to work toward the establishment of a just government by presenting Islam accurately and acquaint people with its worldview, doctrines, principles, ordinances, and socio-economic system. We must preserve in our efforts even though they may not yield their result until the next generation, for our service is devoted to the cause of human happiness.

The Muslim world will be able to live in security, tranquility and preserve their faith and morals only when they enjoy the protection of a government based on justice and law, a government whose form, administrative system, and laws have been laid down by Islam, and it is only such a system which will alleviate poverty permanently, promote scientific, technological and industrial advancements, and improve the socio-economic infrastructure of nations.

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