Compare the Characteristics of Islamic Constitution

With a Secular Constitution

The Islamic Constitution contains of norms and regulations extracted from the sources of law such as the al-Quran, Hadith, Ijmak and Ijtihad. Obviously, there are various contradictions of characteristics between the Islamic Constitution and secular constitution.

The first characteristic of Islamic Constitution is the sovereignty only to God. It regulates the relationship between the individual and the Creator in context of human life. The constitution must base on faith in God and His attributes. A state shall become Islamic only if it recognizes political and legal sovereignty of God and follows His command. Thus, only God can give command and gain the title to sovereignty. This can be referred to Surah Yusuf 12:40 which states – “He has commanded that you worship not except Him. That is the correct religion, but most of the people do not know”, in Surah al-Furqan 25:2 which states – “He to whom belongs the dominion of the heavens and the earth and who has not taken a son and has not had a partner in dominion and has created each thing and determines its destiny” and in Surag al-A’raf 7:54 which states – “Unquestionably, His is the creation and the command; blessed is Allah , Lord of the worlds”. The characteristic has seen to be implemented in Bangladesh Constitution where its constitution fulfill this principle as it has pledge that the high ideals of absolute trust and faith in Allah alone.

In contrast, a secular constitution did not emphasize the relationship between a man and the Creator besides it tends to separate religion from politics. It also upholds the idea that sovereignty not to God. According to secular view, Islamic constitution is undemocratic as it rejects popular sovereignty and upholds sovereignty to God.

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Secondly, it upholds the characteristics that divine revelation as the supreme law of the land. The primary sources of the constitution shall be the Quran and Sunnah. The injunction of divine revelation must be implemented to those who have the capacity and the state must be regarded as the enforcer of the revelations. As a divine revelation, no authorities shall take precedent over it. This characteristic can be referred to Surah al-A’raf 7:3 which states – “what has been revealed to you from your Lord and do not follow other than Him” and a hadith which states- “there is no obedience to creature if it involves disobedience to the Creator”. This characteristic has been implemented in the Saudi and Iran Constitutions where the governments derives power and makes law based on Quran and Sunnah.

In contrast, the secular constitution is not based on Divine law and usually not in line with divine law. Moreover, powers originate from the consent of the governed and prerogative of the rulers. For example, the government is expected to listen to the voice of people and it makes it accountable to the people not to God.

Thirdly, the injunction of divine revelation is not subject to change. The obedience to Allah and His divine revelation is an absolute command thus nothing shall replace it as it is fixed command derived from a set of stable and unchanging principles derived from Quran and Sunnah. The text of Quran and Sunnah are the most carefully, accurately recorded and preserved to show stability in the principles but it is flexible in application. Most principles are general without details application to allow jurist to apply it throughout years. As referred to Surah al-Ahzab 33:36 which states – “It is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should have any choice about their affair. And whoever disobeys Allah and His Messenger has certainly strayed into clear error”, Surah al-Nisa’ 4:58 which states - “Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice. Excellent is that which Allah instructs you. Indeed, Allah is ever Hearing and seeing” and a hadith which states – “a Muslim must listen to and obey to rulers provided he is not order to commit sin.”

In contrast, secular constitution is not stable in principle and not flexible in application .Thus it is difficult for jurist to be creative and independent in interpretation.

Forth, the authority should be entrusted in the hands of those who are qualified. In Islam authority is regarded as a sacred trust and should be run in accordance with the divine law, for benefit of the public. Therefore, authority in Islam is given to qualified and competent person who may regulate the affairs of the state smoothly and properly. As referred in Surah al-Nisa’ 4:58 which states – “Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice”, a hadith which states – “your best leaders are those whom you love and who love you and for whom you pray and who pray for you, while your worst leaders are those whom you hate and who hate you and whom you curse Nelfi Amiera MizanMultimedia University

and who curse you” and another hadith which states – “by God, we do not assign the affairs of our government to anyone who aspires for it or is greedy in respect of it”.

In contrast, a secular constitution which adopted the modern democracy, elect authority base on who is capable to cast vote thus, simultaneously capable to be candidate for any office of the government regardless of his character and competency. The candidates and the voters equally enjoy the qualification of being elected as there are no additional qualifications or reservations. This is open to possibility that the appointed person is unqualified and incompetent person.

Lastly, the purpose of Islamic State is to enjoin the virtue and forbid evil. The Islamic constitution enjoins the principles, aims, objects and duties of the Islamic state that is to establish the systems of Salat and Zakat, to propagate and establish those things which are considered to be ‘virtues’ by God and His Messenger, and to eradicate those things which have been declared to be ‘vice’ by them. An Islamic Constitution must declare the above mentioned objective. As stated in Surah Al- Haj 22:41 - “(Muslims are) those who, if We give them power in the land, establish the systems of Salat (worship) and Zakat (poor-due) and enjoin virtue and forbid evil.”

In contrast, under a secular constitution, the purpose of state stressed on the concept of ‘public interest’ which has two features, first it is strict and worldly character and second it serves the political life of the government.

1. Prophet be the best example and interpreter of Divine revelation Prophet is the messenger of Allah thus the state must follow his tradition No authorities’ such as executive, legislative or judiciary shall legislate contrary

to sunnah. Surah al-Nisa’ 4:80 Surah al-Hashr 59:7 Hadith: whoever followed me, followed God

2. Vicegerency belongs to all Muslims not a particular… All Muslim citizen shall be regarded as a vicegerency, the authority vested by

Allah which is sacred. The position of state is not sovereign but vicegerent Based on popular vicegerency

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Not limited to person, class or clan Not hereditary Saudi: Not Islamic State as it applies kingship Surah An-Nur 24:55

3. Concept of popular vicegerency in form of mutual consultation Popular vicegerency forms basis of democracy Popular vicererency is applied through mutual consultation Government can only be formed or collective affairs can only be executed with

the consent of all Muslim community of the states and not only a particular individual

Islam does not fix the modes of consultation and is left to the discretion of Muslim either by consultative body, direct consultation or representatives.

Surah as-Shura 42:38 Hadith: man who gives a counsel to his brother knowing well that it is not right,

does most surely betray his trust

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