Islamic Concept of State. Basic Principles of Islamic State

Introductory Remarks:

Islamic state is a welfare state, in which the relationship of ruler with subjects is threefold; a Wakil (agent) of its subjects in dealings with other states; as a Wali (guardian) or protector of interests and wellbeing of people; as a Shareeq (partner) in thick and thin, happiness and sadness. The legislative powers of an Islamic state are subject to rules embodied in Quran and Sunnah. where the executive head is bound to establish Deen; Although he appoint the judicial head of the state, but one appointed there is complete separation of powers between the two and the head cannot refuse to appear before Qazi, if so required.

Concept of State:

State has four elements

1. Population
2. Territory
3. Government 
4. Sovereignty

Islamic state is a state in which the sovereignty vests in Allah and government is run by the representative in the name of Allah, as a sacred trust, who is fully responsible to people. The objectives of Islamic state include; obedience to Allah's will by all subjects and ruler, equal distribution of wealth, elimination of crimes and promotion of religion, education, economic wellbeing of people, religious freedom and overall development of all Ummah. The government is established with clarity that it is a trust and people are its trustees, where all people will enjoy equal rights irrespective of their religion, creed, wealth, and color, and ruler is answerable to Allah for the administration of affairs of government and appointment of different officials. Hence, 

Concept of State in Muhammedan system is that of a commonwealth of all Muslims living as one community under the guidance and direction of a supreme executive head. 

As Holy Quran says,

"Those who, if We give them power in the land, establish worship and pay poor due and enjoin kindness (the right) and forbid inequity (the wrong). Allah's is the sequel of events"

(Al-Hajj : 41)

Islamic State:

As we mentioned above, Islamic state is a system of government which is based on the principles of Shari'a set by the Holy Prophet ( PBUH ). The sovereignty of Allah and the message delivered by all the prophets AS form the foundation of the whole system and legislation contained in the Holy Quran becomes the basic law of the land. Caliphate is an institution in which a Muslim personality of high profile, rules according to Quran and Sunnah. Khalifa is Arabic word meaning, "one ho replaces someone  who left or dead'" i.e. the successor to Prophet( PBUH ) position as the religious, social, political, administrative and military leader. He is head of the political system, while khalifa (Caliphate) is the political institution or Islamic system of government. The legitimacy of Caliphate depends upon thee bait or pledge of allegiance of the people. The political system of Islamic state is based on fairness, justice, equality and Islamic ideology.

Basic Principles of Islamic State:

The basic principles upon which Islamic State is constituted include, but not limited to the following,

Protection to non-Muslim in their religion, family and social life as there is no compulsion in religion.

1. A contractual relationship exists between the ruler or body of government and the citizens.
2. The basic source of all laws are Quran and Sunnah and no law can be formulated, which is against these two.
3. The right of people are fully protected and the head is responsible for any violations on the part of state. In an Islamic State rights are classified into (a)Rights of Man, (b)Rights of God ,(c) Rights of State.
4. Islamic state establishes its relationship with other states on basis of equality, keeping inn view the betterment and wellbeing of its citizens.There is an elaborated code of conduct of state during war and peace, called 'siyar' or Islamic International Law, which consist of that part of law and customs of the land and treaty obligations, which it must observe in its dealings with other state.
5. The sovereignty, in Islamic state vests in Allah and the head is mere representative or caretaker of the post.
6. Another feature of Islamic state is Shura, which is body consisting of representative of Muslim community, who assemble for the consultation to reach on decision for running the affairs of government. This shura may be khas or aam, depending upon the importance and urgency of matter in hand and nature and qualities of persons taking part in it. Actually, the concept of shura is a symbol of unity, peace, and harmony which finds its roots from Quran and Sunnah.
7. The Islamic state gather its revenue from different sources, collectively termed as revenue sources of an Islamic state, These sources include some traditional ones like Zakat, Khums, Ushars, Khiraj, Jizya, Maal-e-Ghnimat, grooming asserts , Waqf , Sadqa etc. and now a days many modern sources are also recognized which include different taxes in the shape of trade tax, sales tax, registration and stamp duties property and wealth tax, income tax toll tax etc. The public treasury, of which the head of state is trustee is termed as bait-ul-mall which literally means house of property.
8. There is no concept of concentration of wealth in Islamic state.

Constitutional Law of Islamic State:

The constitution is the supreme law of the land, which determines the powers and functions of main organs of the state, their mutual relationship and their relationship with the subjects, and in Islamic state this constitution is the Quran and Sunnah of the Holy Prophet (PBUH) Holy Quran states,

They are those who if we establish them in land, establish the way of life consistent with the Divine laws and provide nourishment to individuals, enjoin the right and forbid the wrong. (Al-Hujj : 41)

Holy Quran further declared the duties of Islamic state as,

"You are the Ummah raised for the good of all mankind, Your responsibility is to enjoin thee right and forbid the wrong."   (Al-Imran: 109)

The principles of constitutional law is further elaborated by Quran as 

"Surely We have sent down to you (O Muhammad PBUH) the Book  in truth, that you might judge between men by that which Allah has shown you; so be not a pleader for the treacherous"

(Al-Nisa : 105)

Concluding Remarks:

The Islamic state is commonwealth of all Muslims living under one ruler, who himself does not have unlimited powers. The head of Islamic state must be Muslim, who has no right of veto, one something is decided by the Shura. It can be impeached by the Shura. Muslim jurists have discussed in details the basic principles and rules regarding establishment of an Islamic state and the functions of its ruler.In modern era , we have different Islamic states having distinct forms of governments.