Rule of Law and the Problem of Absolute/Dictatorial Rulers Among Muslim States

Abstract

Rule of law is the systematization of law to accommodate equality and justice for all. As a result, it gives no room for dictatorial or absolutist system of leadership. This is syllogistic with Islamic perspectives on Dictatorial rule in Muslim state. This assignment paper therefore examines the Islamic perspectives of rule of law and its take on absolute/dictatorial rule among Muslim states. It discussed Islamic perspective on leadership and dictatorship among Muslim states and highlighted the problems of dictatorial rule among Muslim state and concluded that absolute/dictatorial rule is frowned against in Islam and this has been clearly stated in the Holy Quran.

Introduction

Rule of law has often been conceptualized as the ideology, practice, mechanism, institution, process or perhaps, norm that provides that all citizens, regardless of their status or rank, are equal before the law and hence, maintains non-arbitrariness in government administration as well as avoids the use of power arbitrarily. This idea has been associated with politics and legal understanding since the 4th century before the common era. Arbitrariness is a common major feature of absolutist and dictatorial system of government and thus, a major quality of absolutist and dictatorial rulers. Dictatorial governments are those which the authority at the top of the power chain has the capability to do whatever he wishes without being controlled by or obedient to the law. More generally however the concept of rule of law has been conceived as the establishment of a system which regulates to the making, enforcement and execution of laws as well as management of relationships among legal rules such that every individual even highly placed officials are not above the law. There are limitations on rulers’ power as well.

In essence, the idea surrounding the rule of law concept is that of equality before the law which stipulates that no individual under the umbrella of the legality shall be given any privileges without such privileges being extended to everyone. Also, no persons get to be untouchable within the confines of the law.  However, to ensure the reality of this in practice requisite legal apparatus must be put in place to see that the law is being enacted in the society, examine the peculiarities and content of law and compel officials to do by the law. More importantly, it holds that law its general form must be accessible, clear and known by all. To this end, the legal system must be set up to ensure that people are aware of and guided by the law rather than been demanded to cognitively or behaviorally obey the law. In other words, the law needs to be comparatively firm and must consist of determinate channels that can be consulted by people before taking actions. More so, established legal obligations should not be retroactive. Also, the law should be made consistent internally and provisions for legal ways to resolve possible contradictions that could arise should be put in place.

Various attempts have been made by jurists and political philosophers overtime to formulate a universally applicable and systematic framework of the rule of law but to no avail. This because the interpretation of exercise of power differs across different time as locations or communities. Hence, the idea surrounding the concept of rule of law is making sure that the law makes for the channeling and constrain of the exercise of public power in a way that is beneficial to all. To this end, this paper therefore examines rule of law and the problem of absolute/dictatorial rulers among Muslim states.

Islamic perspectives on Leadership

Leadership as a quality by which a person influences others to accomplish an objective and directs the organization in a way that makes it more cohesive and coherent. It is a process by which the leader seeks the voluntary participation of followers in an effort to reach organizational objectives (Mousavi, 2008). Leadership is a great quality of human nature. Every organization or group of people’s needs a good leader in order to gain their desired success. As a social being each and every man has to lead his life through a mutual relationship with others. He is completely unable to do something alone. Thus, the necessity of co-operation brings out the idea of leadership in our society. Nowadays, the concept of leadership becomes very influential in financial, political and social arena. From the smaller institutions like family, every organizations and even the world body at large need good leader for the perfection of post-modern civilization.

Islam does not leave this issue unturned. For the upliftment of human culture and society it clearly discusses the idea, concept and nature of leadership. Islam gives detailed principles, guideline and direction in this context. Islam, the complete code of life, declares leadership as a trust (Amanah), and gives a detailed description about it. According to the Islamic view, leadership is a sacred position that can solve the problems of humanity and guide them to the eternal betterment of here and hereafter. It is a person or a group of people who guide and lead the followers, the humanity from the brink of destruction to the way of Allah. Giving preference on human welfare Islam exposes leadership as a psychological contract between a leader and his followers that he will try his best to guide them, to protect them and to treat them fairly and with justice. Hence, the focus of leadership in Islam is on doing good.

Leadership is an important element to achieve success and to establish peace and happiness in society. Islam always tries to make sure the rule of the best on every sphere of life, individual or social. For this, it elaborately declares the qualities and pre-conditions needed for an ideal leader. Islamic Shariah composed of the authoritative source of Al Qur’an and the Sunnah, along with the Islamic Fiqh has given the direction. The attributes of the righteous caliphs also help us to determine the required qualities to select a leader for the Muslim Ummah. Under a scientific examination throughout these sources Muslim scholars have find out some essential qualities for an Islamic leader. (Monjur, 2015).

Hadrat Ali, the fourth Khalifah, in discussing the qualities of a leader said:

"O People! You know that it is not fitting that one who is greedy and parsimonious should attain rule and authority over the honour, lives and incomes of the Muslims, and the laws and ordinances enforced among them, and also leadership of them. Furthermore, he should not be ignorant and unaware of the law, lest in his ignorance he misleads the people. He must not be unjust and harsh, causing people to cease all traffic and dealings with him because of his oppressiveness. Nor must he fear states, so that he seeks the friendship of some and treats others with enmity. He must refrain from accepting bribes when he sits in judgement, so that the rights of men are trampled underfoot and the claimant does not receive his due. He must not leave the Sunnah of the Prophet and the law in abeyance, so that the community falls into misguidance and peril." (See, Nahjul, 1981)

In Holy Quran, Allah Almighty says:

“And We made them leaders, guiding by Our command; and We inspired them to do good works, and to observe the prayer, and to give out charity. They were devoted servants to Us”         - Quran, 21:73.

From the above verse of Holy Quran, we concluded that it is Allah Almighty who appoints the leader. It is not selected by anyone, nor given in a will, nor established by the committee. The role of the leader is also summarized, to guide and establish the Islamic society. The main aspects of leadership are Knowledge and Power as mentioned in Holy Quran:

“Have you not considered the assembly of the Children of Israel after [the time of] Moses when they said to a prophet of theirs, “Send to us a king, and we will fight in the way of Allah?" He said, “Would you perhaps refrain from fighting if fighting was prescribed for you?” They said, “And why should we not fight in the cause of Allah when we have been driven out from our homes and from our children?” But when fighting was prescribed for them, they turned away, except for a few of them. And Allah is Knowing of the wrongdoers. And their prophet said to them, “Indeed, Allah has sent to you Saul as a king.” They said, “How can he have kingship over us while we are more worthy of kingship than him and he has not been given any measure of wealth?” He said, “Indeed, Allah has chosen him over you and has increased him abundantly in knowledge and stature. And Allah gives His sovereignty to whom He wills. And Allah is all-Encompassing [in favor] and Knowing.”          Quran, 2:246-247.

From the above verse of Holy Quran, we came to know that Knowledge guides the leader to the right path he is able to assimilate the situation wisely due to his knowledge and then after penetrating the situation he should have the power to take decision accordingly. If he does not have power than he is unable to implement his decisions that’s why he should have both power and knowledge. Power specifies the psychological decision and physical power. Besides knowledge and power justice, patience sound judgments are also important attributes which should be possessed by the leader.

Islamic perspectives on Dictatorship in a Muslim State

Dictatorship is a type of government in which a person or a group of people is assigned absolute sovereignty. It has also been perceived to imply a person’s imposition of his own opinions without paying heed to other people’s advice, suggestions or views (Mat, 2010). This meaning has severally been represented by several words in the holy Quran. Dictatorship, absolutism and so on are notable with political systems which are characterized by rulers’ imposition of their decisions on people. Such systems are characterized with unilateral political decisions made with no respect for or consideration of public opinion, disregard for masses’ demands (Nwankwo and Udeobasi, 2017). It is also characterized with no limitation to power of ruling person and hence, such a person is considered to be a representation of the law and that of sovereignty. In other words, such a political system is run in line with the ruler’s will and can best be described as a lawless system. Islam frowns against dictatorship. Several references have been made to this prohibition in the holy Quran about absolute rulers and dictatorial political rulers whom prophets have fought especially the autocratic rule of pharaoh among others.

In the qur’anic revelation about prophet Musa, when Allah (SWT) ordained him as a prophet, his first instruction was to warn Pharaoh of Egypt and his establishments who was not only a tyrannical ruler, a big obstacle to the progress of human culture but also that of religion, Islam (see. Suratul Ash-Shu’ara, 10-12). Pharaoh in this qur’anic chapter symbolizes a dictatorial and tyrannical ruler who created an atmosphere of terror, murder and plundered the society and exploits people, particularly the Israelites, as though they are his slaves.

It has often been observed that dictators and tyrants are usually psychologically inclined to always be fearful about continuation of their rule especially given the fact that they lack popular base and legitimacy. To this end, they therefore, make every effort to repress people through austerity and muffling free speech. Other teaching in the Holy Quran that reverberates opposition against dictatorial and absolutist leadership in Islam are discussed as below.

First, it has been made clear in the holy Quran that prophets have been sent to establish justice on Earth. This can be seen Quran 57:25, which stated thus;

 “Certainly, We sent our Messengers with clear proofs and We [also] sent down with them the Code [of Shari’at – Law and Justice] and the Balance [ the practice of the prophet and right use of the Book of God] so that people might conduct themselves with equity and justice.”

Similarly, this notion was also echoed in the story of prophet Da’ud as seen in the except below;

“’O David! Verily We have made you the ruler in this land. So rule among the people according to [the tenant of] justice, and do not follow their vain desires…” (Quran 38:26).

Allah (SWT) commanded prophet Da’ud to do justice in his judgement among people.

Secondly, it was also stipulated that a leader should consult with his followers to help him better lead them. This is seen in Suratul Al-Imran as seen below;

“…pardon them, and ask protection for them, and consult them in matters [of administration], and when you are determined [after due consultation], put your trust in Allah…” (Quran 3:159).

“And those who respond to their Lord and observe Prayer and whose affairs are [decided] mutual consultation, and who go on spending [in Our cause] out of what We have provided for them,” (Quran 42:38).

In the above excerpt, Allah (SWT) advised Prophet Mohammad (SAW) to consult with Muslims and make use from their experiences and intellects.

Thirdly, Islam teaches and encourages the spirit of egalitarianism, otherwise known as social equality. This is echoed in Quran 49:13 as seen below;

“O mankind! We have created you out of a male and a female, and We have made you tribes and sub-tribes that you may recognize [and do good to] one another. Surely the most honourable of you in the sight of Allah is he Who guards against evil the most…” (Quran 49:13).

In the above excerpt, Allah (SWT) in the Holy Quran upholds that no human being has superiority over another as they are created the equally.

Fourth, Allah (SWT) in the Holy Quran warns against aiding and perpetrating injustice as seen in Quran 2:279 quoted; “Neither do injustice, nor accept it”.

Furthermore, almost all the prophets mentioned in the holy Quran were at one point or the other instructed to fight against dictatorship, injustice and repression. This was in fact significance has much emphasis were put on this mission of prophets. For example, prophet Musa was instructed to stand against Pharaoh’s dictatorship and tyrannical treatment of the Israelites. Prophet Da’ud stood against Goliath’s dictatorship and tyranny among others. Prophet Muhammed fought against oppression of Muslims in Mecca among others. Prophet Isa stood against dictatorship of the Pharisees and Sadducees in Nazareth. In the Qur’an, dictatorship and repression are introduced as the most important obstacle on the way of guiding human beings hence prophets were assigned to oppose it.

Eradicating Dictatorship in a Muslim State

The following are stipulated methods proposed in the Quran in fighting, curbing and eradicating Dictatorial rule in a Muslims states.

Ø  Public awareness

In today’s society, the role played by public opinion in steering decision-making by government is of great significance. Same can be said of its role in organizational establishment as well as social and political movements and their development. A society is more dignified when the social awareness of its people is high and vice versa. Even in the holy Quran special attention was paid to public awareness and sensitization as echoed in the excerpt below, Quran ______ in which Allah (SWT) inclined Prophet Mohammad (PBUH) towards guiding people to the right path; the truth:

“Call to the path of your lord with wisdom and fine admonition. Dispute with them in the best manner” (Chapter Nahl: 125).

Prophet Musa was also commanded by Allah (SWT) to reawaken the people of Israel and guide as well as work towards facilitating social changes in their way of life. This is echoed in Quran 4:44.

“Verily, it is We Who revealed Torah wherein there was guidance and light. According to it the Prophets, who submitted themselves (to Us), did judge for those who judaised and (so also did) the teachers of Divine knowledge, and those learned (in the Law); (they did it) because they were required to preserve some of the Scripture of Allâh and (because) they stood guardians over it. Hence hold not people in awe but stand in awe of Me and do not barter away My Messages for a trifling gain. And he who does not judge according to that (law) which Allâh has revealed, it is these who are the real disbelievers.”

To this end, it outlined a suitable system needed to meet their spiritual and material needs. He tried to guide people toward a prosperous life in the light of monotheism by explaining human proclivities. Hence, people should be aware of their basic rights in order to get rid of dictatorship. Prophet Musa explained basic principles of his mission and showed obstacles on the way of the progress of the society in order to establish an optimal political and social system. During his fight with Pharaoh, Prophet Musa informed his people of his corruption and informed them about the outcomes of resistance. More so, when the Children of Israel settled in the sacred land, Prophet Musa reminded them of bounties of God and called on them to fight tyrants who ruled the sacred land.

Ø  Ordering good and prohibiting vice

Ignoring the principle of ordering good and prohibiting vice can lead to collapse of an Islamic society. Hence, to prevent dictatorship people need to be constantly encouraged and guided towards perpetrating good deeds in order to purify person and society and at the same time, cherish unity among people. At this juncture, it is worthy to make reference to the story of prophet Musa who confronted Pharaoh, ordering him to do good in his observance of necessary conditions of being a ruler. When Prophet Musa and his brother, Aaron were commanded by Allah (SWT) they were instructed to first approach Pharaoh with leniency as seen in Quran 20:43-44 as seen below.

“Go to Pharaoh, both of you, for he has transgressed all limits (v. 43), But speak to him a gentle speech, maybe he will pay heed and fear (consequences)”

Prophet Musa and his brother, thereon called on Pharaoh to believe in God using an understandable language and showed him needed proof. In fact, after Pharaoh and his people refused to be convinced, he went on to showed them miracles. This indicates that Prophet Musa at first tried his best to save Pharaoh from dictatorship.

Conclusion and Recommendations

From the foregoing, it can be deduced that although dictatorship in recent times has become notable with many government across world countries. It is however frowned at in Islam as both the Quran and prophetic teachings forbade it. Rather, it enjoins people to emulate the good leadership qualities that has been encouraged in the encouraged in the Holy Quran, in prophetic teachings and in the leadership examples of the Islamic leaders, Khalifas, who assumed of the state after the prophet demise. However, it should bo noted that the treatment of this subject matter in this paper is not exhaustive as it focuses more on the Quranic teachings on dictatorship and leadership. Hence, it is recommended that further research or discussions of the subject matter to explore other Islamic jurisprudence’s perspectives on dictatorship in Muslim state. Allah Knows best.

References

Encyclopaedia Britannica (2019, August, 27). Rule of law. Encyclopedia Britannica, Inc. Accessed: May 06, 2020.

Ismail Mat (2010). Islamic leadership: Concepts and perspective. Retrieved from: http://bridgingleadership.aim.edu/_download/5III.B.Plenary1.IslamicLeadershipConceptsandPerspectives-Dr.IsmailBinMat(Slides).ppt., d.25.09.2010

Monjur, M. (2015). Concept of Leadership and the Quality of a good leader in Islam.

Nahjul Balagha, p.50, quoted in Imam Khomeini (1981). Islam and revolution: Writings and declarations of Imam Khomeini; edited and annotated by Hamid Algar, Mizan Press, Berkeley, CA, US. 1981. p.67

Nwankwo I. U. and Udeobasi, O. C. (2017). Path to good governance in Nigeria: Challenges and prospects. International Journal of Advanced Research and Publications.  Vol. 1(6). ISSN: 2456-9992.

Seyyed Mehdi Mousavi (2008, June 17). Quran, autocracy and dictatorship. Iran Review Official Website. Retrieved from: http://www.iranreview.org/cms/classificationList.aspx?classification=be0ed17d-9f8c-4bd5-b25d-d7a1be41112d