Islamic Government.docx - 1 Islamic Law and Legal Theory(BES 3121 4121 February 26th 2019 What Do You Think \u201cIslamic Government\u201d means Why An

Islamic Government.docx - 1 Islamic Law and Legal...

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1 Islamic Law and Legal Theory (BES 3121 / 4121) February 26 th , 2019 What Do You Think “Islamic Government” means? Why? An Islamic government is defined as any state that is primarily based on the application of Shariah (God’s path). It may be of interest to note that, in the early period of Islam, particularly during the period of the right-guided-Caliph (Abu-Bakr, Umar, Uthman, and Ali), their systems of governments were based on “Siyaasa” and Fiqh (scholars’ interpretation of God’s law). The “Siyaasa” law is a legal uniformity, and it is binding on every citizen, while the “Fiqh” law is regarded as legal pluralism, and it is not binding on every citizen. Therefore, Islamic constitutionalism in modern-day society is not possible. The Holy Qur’an does not concern itself about a particular kind of a state; rather, the Holy Qur’an is concerned about instituting moral, just and ethical conduct as well as moderate society. On that note, a system of government is a good instrument that can be utilized to attain this kind of justice whether the government is democratic, theocratic, monarchic, military system of government or any other system; but the end goal is to have justice, equity, and fairness. The Holy Qur’an by itself does not formulate anything like Islamic State. God Almighty says in the Holy Qur’an , “Allah commands doing justice, doing good deeds to others, and generosity to relatives and He forbids indecency, wickedness, and rebellion: He admonishes you so that you may take heed” (Q16 verse 90). Let us consider some Muslim-majority countries in our society today. In the case of Egypt, when Muhammad Morsi was elected as the president on June 30, 2012, he had a strong affiliation with the Muslim Brotherhood. He proposed to have a template of what constitutes an
2 Islamic state. He had difficulty in formulating what could be a monolithic approach simply because there were differences of opinions, and even the Holy Qur’an acknowledges and articulates this in stating that: “He is the One Who has revealed to you the Book. Some of its verses are decisive - they are the foundation of the Book - while others are allegorical. Those whose hearts are infected with disbelief follow the allegorical part to mislead others and to give it their own interpretation, seeking for its hidden meanings, but no one knows its hidden meanings except Allah. Those who are well grounded in

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