Islamic government and its Legality and Legitimacy Islamic Political Thought (BSS474) Josef Kraus Výsledek obrázku pro caliphate Islamic Government nHighly personalized government ¡Caliph (ruler) is important, malik (king) nNo national state – caliphate governs in secular and religious matters nDifference from Christianity – no supremacy of religion to politics, it is connected (historically based) nIslamic government – good or bad ¡Bad for corruption, abuse of power (malik, or jabbar – despot) ¡Good ruled by caliph n n Výsledek obrázku pro ottoman sultan Investiture Contest Historical Legitimacy nLegitimacy – Umayya dynasty by ¡Legacy of Uthman (Ali was not proper caliph) ¡Based or religious tradition (God chose Uthman) ¡Umayya ruler the best man, no people‘s interference ¡Successor established without people ¡Caliph is representative of God on Earth, living law. Importance of morality –> can justify illegitimate power seizure ¡Overthrowing of Umayya dynasty legitimate, because it transferred caliphate to kingdom (mulk) n n Výsledek obrázku pro umayyad Islamic Government = monarchy? nWhy Islamic government should be a monarchy? ¡No collective government, no semi-autonomous governance, not even division of ummah to independent authorities ¡The threat of civil war or competition of rulers ¡But (!) some sort of conciliar government with delegation of power is possible (Abu Bakr strong in religion, weak physically) ¡Historically (Umayyas and Abbasis delegated power) nStrong support of absolutism from conservative Sunnis ¡Government is delegated by God, not people‘s business ¡ nIs the ruler above law and its source,or under and part of it? Functions of Islamic Government nObeying religious traditions nExecution of law nDeclaring of armed jihad nOrdering good and forbidding wrong ¡Not part of a legitimacy of ruler, but clergy ¡Public should not enforce good and bad, it is upon state authority nCollection of legal taxes ¡Sunni – even bad ruler ¡Shia – only legitimate ruler with authority of Imam nProvision of security nInfrastructure, healthcare, educational system… development Functions of Islamic Government nHuge disputation about governmental duties and authority nThe necessity of Islamic government ¡Establishment of religious authority is rational necessity ¡Ruler is chosen by elites or designated by testament ¡Ruler combined political and religious function, has legislative power (beyond Quran and Sunnah), and judiciary power ¡Ruler is successor of Prophet, has duty to implement Islam to society ¡Ruler has authority over whole dar al-Islam ¡If ruler fulfil all conditions, umma has to obey and support him n Výsledek obrázku pro allah Principles of Islamic Government nAccording to Quran, a huge space for interpretation nThe sovereignty of Allah ¡No oppression of people ¡God is source of legitimacy, ruled by Quran and Sunnah ¡Ruler is servant of people ¡ nCaliph of the mankind ¡Caliph implements the will of God to society as his representative, people have to obey ¡ nDual responsibility of government ¡Allah knows what is good and bad, ruler should obey that ¡Ruler is mainly responsible to God, then to people ¡ ¡ n Principles of Islamic Government nPlus additional three principles ¡Justice – according to Islamic law, nGod supports just state even it is not Islamic, nruler has to be just and resist corruption and tyranny, nso as judges, government representatives… ¡Equality – among people towards God (muslim / non-muslim, Arabic / non-Arabic) ¡Consultation (shura) – Abu Abdallah Qurtubi (Maliki): „If ruler doesn‘t consult with scholars, it is necessary to topple him.“ nSome say shura is recommended, not mandatory The Necessity of Islamic Government nLegitimacy based on divine rule, or reason, or both. nPeople are always bounded by state authority (fair or not) nIslam (in contrary to Christianity) was established to create a state and government ¡Created by Muhammad, followed by right caliphs nIbn Khaldun – Caliphate connected to religion and prophecy, not to kingdom. But caliph is not a representative of God nAl-Mawardi – qualifications of ideal caliph ¡Justice or moral probity, knowledge and ability to exercise ijtihad, the soundness of the senses, physical soundness, prudence, bravery, decent of Prophet‘s tribe – Quraysh. ¡In case of morality or knowledge he can consult with scholars ¡ Seizure of Power in Islamic Government nHistorically difficult to elect or to delegate ruler, in reality every seizure of power can be legitimate (Sunni) nPower heredity based on example of Abu Bakr who named Umar as his successor (then selected by a shura) nCaliph‘s rule unlimited by time (until his death) nUnlimited and unshared power of caliph (can nominate advisors, ministers, judges etc.) n n Výsledek obrázku pro islam war history Legislative Functions of Government nTwo types of legislation: ¡Divine set by God (Quran, Sunnah) ¡Human developed by ijtihad nAfter the death of Muhammad and Rightly Guided Caliphs legislative power in hands of religious scholars nExecution by caliphs, governors etc. nStagnation of legislative process in a history ¡Following ancestors ¡Growing gap between caliph and scholars n Judicial Functions of Government nOriginally in hands of a caliph, but due to growing of an IS impossible nUmar delegated power to local judges in provinces nDecisions based on Sharia or local traditional law nCreation of hisbah institution (morality/religious police) ¡Enjoying good, forbidding wrongdoing – protection of society against violation of Islamic principles ¡Hisbah and its official muhtasib maintain public order and prevent immorality ¡Obligation of a state to ensure its citizens behave according to the code (sharia) and doctrine (hisbah) n Local Administration of Governance nLocal provinces ruled by governors nInstitute of ministry (wizara) administrated by minister (wazir) nMongolian invasion to Middle East ended unite caliphate nDisintegration to regional sultanates with different rules, different law and with separation of religion and politics Související obrázek Old and Modern Theory of Caliphate nOld theory (OT) – authoritative (totalitarian), no space for democracy X Modern theory (MT) nOT – Caliph from Quraysh tribe (Da‘esh and Baghdadi) MT – not necessary nOT – women do not participate on caliphate MT – women are legitimate part of political society nOT – dar al-Islam each area with Muslim majority, disrespect to state borders, caliphate is legitimate to enter and rule MT – respect to current borderlines, can be more caliphates in one time (not like OT - Da‘esh and Taliban competition) n Old and Modern Theory of Caliphate nLeadership and authority ¡OT – absolute power of caliph, centralized power, ijtihad ¡NT – lower authority of caliph, limited by shura nField of state authority ¡OT – not only public, but also private space is subject to the law and state authority – totalitarian attitude ¡NT – caliphate can‘t interfere into private life, only to public society nDirection of state authority ¡OT – caliph on the top, delegates and controls power below, direct nomination, shura is not mandatory, public interest = interest of caliph and his advisors ¡NT – both ways of power – institutions formed by people, administrative system opened for anybody Political Legitimacy Sunni X Shi‘a nWhy one group of people rule over the other? nSunnis – accent on sharia, security and justice (at least one makes legitimacy for government) ¡-> no real advanced methodology of establishing and development of governance, ¡mainly based on historical events, ¡any way of seizing power is legitimate (even by force) ¡Lowering claims on rulers morality and knowledge ¡Protest against caliph means protest against security ¡Need to respect caliph even if he is not just Political Legitimacy Sunni X Shi‘a nShi‘as – deed of ruler and the seizure of power matters ¡Accent of justice instead of security ¡Possible to protests in case of injustice ¡During Mahdi‘s occultation his representative (faqih) should rule ¡Power seizure by a force is not legitimate ¡Legitimacy from both God and the people ¡This theory valid since the beginning, not developed during time Výsledek obrázku pro shia occultation Islamic State according to Shi‘as nGroups don‘t believe in IS ¡Rejectionists – IS is not possible, can be ruled only by Imam, state should be secular, liberalism, socialism etc. can be accepted. (Mahmoud Halabi…) ¡ ¡Separationists – State shouldn‘t be affected by religion, Islam is important for society, no connection to politics, ruler should not rule from religious position, state should be secular, but respecting Islam (Mohsen Kadivar, Mehdi Bazargan…) ¡ ¡Neutralists – Clergy should be neutral to any kind of state, but can co-exist with it, no political ambitions of clergy, politics away from religion (ayatollah Hossein Vahid Khorasani) Islamic State according to Shi‘as nGroups do believe in IS – obligatory for mankind to continue Imam‘s tradition of rule, ruler can‘t be perfect, but should be the best man available ¡Father and son theory – government protecting citizens, no space for Islamic democracy, only Islamic governance, totalitarian attitude, elections upon caliph's will (ayt. Mesbah-Yazdi, ayt. Mohammad Momen…) n ¡ Výsledek obrázku pro mesbah-yazdi Výsledek obrázku pro mohammad momen Islamic State according to Shi‘as ¡Waqf theory – government is given to people with religious obligations, faqih monitors the government, whether govern according to divine rule and Imam‘s tradition, but interferes only in specific situations (ayt. Montazeri, ayt. Sistani…) ¡ ¡ ¡ ¡ ¡Judicial theory – faqih as a judge who is asked by people to make decision = legitimacy from people and God, if people doesn‘t respect the ruler, no authority from him upon them (ayt. Khomeini) n ¡ Výsledek obrázku pro ayatollah montazeri Výsledek obrázku pro ayatollah sistani Thank you for your attention! n n n n ¡ ¡Time for Q&A Výsledek obrázku pro muslim question