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Islamic Governance

Islamic governance is a complex concept that has multiple meanings. Islamic governance may refer to the theological fundamentals of Islam as appeared in the holy Qur'an, and taught and practiced by Prophet Muhammad between 610 A.D. and 632 A.D. It may also refer to the form of governance employed during the days of Muhammad's four immediate successors, Abou-Bakr, Omar, Uthman, and Ali—known as al-Khulafaa Al-Rashedeen. Islamic governance may also refer to the several models of governance practiced since then by various Islamic dynasties. In the twenty-first century, Islamic nation-states are governed by different models and varying adherence to the original scripts of the Qur'an. Therefore, it is important to distinguish among theological teachings of Islam, seventh- to twentieth-century Islam, and twenty-first-century Islamic governance.

Foundations: Governance in the Qur'an, the Hadith, and the Sunna

There are three theological foundations for Islamic governance: the Qur'an, the Hadith, and the Sunna. The holy Qur'an was revealed to Prophet Muhammad in the seventh century. It is prescribed as the supreme law of the land. However, when the Qur'an is not specific on a certain issue, Muslims may get guidance from Hadith and Sunna. Hadith refers to the teachings of the prophet. Sunna refers to the actions of Prophet Muhammad during his life. All three sources combine to form Islamic law, referred to as Shari'a.

Islamic governance has two theological principles: Baiyaa and Shura. Baiyaa is the approval of leaders by the Umma (populus), and Shura is consultation with citizens that is mandatory in Islam. Of consultation, the Qur'an (verse 42:36 39) calls for faith, avoid sin, forgive, prayer, and sensible leadership. Shura cannot result in an amendment to the Qur'an, Hadith, or Sunna. Rather, it is a deliberation of worldly matters and religious matters not directly addressed in the three theological sources. Although democracy is absolute in its deliberation even of the constitution, Shura rests on Shari'a, which is the supreme law of the land and which is nonnegotiable.

On Baiyaa, the Qur'an was specific on the formation of a social contract between the people and those who are most fit to lead them—“ulu al amr.” This principle (verse 4:59) states that all matters of disagreement among men should be referred to God and the Apostle. Baiyaa is the Islamic principle guiding the approval of new and existing leaders, but Shura ensures that actions of leaders continue to be based on consultation. In this vein, Islamic democracy is participatory and not only representative.

Islamic Governance in History

The first and third successors of Prophet Muhammad were selected by the vote of the majority of the companions. The second caliph was selected by the will and testament of the first caliph. The fourth caliph was selected by allegiance of people. Baiyaa (public endorsement) of the leaders and Shura (consultation) were characteristics of the rule of Prophet Muhammad's four immediate successors.

In later decades, the process of Baiyaa became institutionalized as a second step in a two-step process. In the first step, a leader is selected by a group of scholars (ahl al-hal wa'l aqd). In the second stage, that leader is endorsed through Baiyaa. Scholars emerged easily when Islamic communities were small. However, with the growth of Islamic society, it became increasingly harder for a group of scholars to emerge. Later rulers copied the precedent of selecting the second successor of the prophet, and decided to choose their own successors through what became known as Istikhlaf. Although Baiyaa was a condition of Istikhlaf, later Islamic dynasties and empires—the Ummawis, the Abbasyds, and the Ottomans—paid less attention to Baiyaa. Istikhlaf without Baiyaa easily transformed rulers to sovereign monarchs who paid attention to the needs of their citizens, but made little effort to ensure that Baiyaa and Shura were being implemented.

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