UNIVERSITY OF MAIDUGURI CENTRE FOR DISTANCE LEARNING

Transcription

1 UNIVERSITY OF MAIDUGURI CENTRE FOR DISTANCE LEARNING HIS 309: Islamic Political Thought (2 Units) Course Facilitator: Prof. M. S. Imam 1

2 STUDY GUIDE Course Code/ Title: HIS 309: Islamic Political Thought Credit Units: 2 Timing: 26hrs Total hours of Study per each course material should be twenty Six hours (26hrs) at two hours per week within a given semester. You should plan your time table for study on the basis of two hours per course throughout the week. This will apply to all course materials you have. This implies that each course material will be studied for two hours in a week. Similarly, each study session should be timed at one hour including all the activities under it. Do not rush on your time, utilize them adequately. All activities should be timed from five minutes (5minutes) to ten minutes (10minutes). Observe the time you spent for each activity, whether you may need to add or subtract more minutes for the activity. You should also take note of your speed of completing an activity for the purpose of adjustment. Meanwhile, you should observe the one hour allocated to a study session. Find out whether this time is adequate or not. You may need to add or subtract some minutes depending on your speed. You may also need to allocate separate time for your self-assessment questions out of the remaining minutes from the one hour or the one hour which was not used out of the two hours that can be utilized for your SAQ. You must be careful in utilizing your time. Your success 2

3 depends on good utilization of the time given; because time is money, do not waste it. Reading: When you start reading the study session, you must not read it like a novel. You should start by having a pen and paper for writing the main points in the study session. You must also have dictionary for checking terms and concepts that are not properly explained in the glossary. Before writing the main points you must use pencil to underline those main points in the text. Make the underlining neat and clear so that the book is not spoiled for further usage. Similarly, you should underline any term that you do not understand its meaning and check for their meaning in the glossary. If those meanings in the glossary are not enough for you, you can use your dictionary for further explanations. When you reach the box for activity, read the question(s) twice so that you are sure of what the question ask you to do then you go back to the in-text to locate the answers to the question. You must be brief in answering those activities except when the question requires you to be detailed. In the same way you read the in-text question and in-text answer carefully, making sure you understand them and locate them in the main text. Furthermore before you attempt answering the (SAQ) be sure of what the question wants you to do, then locate the answers in your in-text carefully before you provide the answer. 3

4 Generally, the reading required you to be very careful, paying attention to what you are reading, noting the major points and terms and concepts. But when you are tired, worried and weak do not go into reading, wait until you are relaxed and strong enough before you engage in reading activities. Bold Terms: These are terms that are very important towards comprehending/understanding the in-text read by you. The terms are bolded or made darker in the sentence for you to identify them. When you come across such terms check for the meaning at the back of your book; under the heading glossary. If the meaning is not clear to you, you can use your dictionary to get more clarifications about the term/concept. Do not neglect any of the bold term in your reading because they are essential tools for your understanding of the in-text. Practice Exercises a. Activity: Activity is provided in all the study sessions. Each activity is to remind you of the immediate facts, points and major informations you read in the in-text. In every study session there is one or more activities provided for you to answer them. You must be very careful in answering these activities because they provide you with major facts of the text. You can have a separate note book for the activities which can serve as summary of the texts. Do not forget to timed yourself for each activity you answered. 4

5 b. In-text Questions and Answers: In-text questions and answers are provided for you to remind you of major points or facts. To every question, there is answer. So please note all the questions and their answers, they will help you towards remembering the major points in your reading. c. Self Assessment Question: This part is one of the most essential components of your study. It is meant to test your understanding of what you studied so you must give adequate attention in answering them. The remaining time from the two hours allocated for this study session can be used in answering the self- assessment question. Before you start writing answers to any questions under SAQ, you are expected to write down the major points related to the particular question to be answered. Check those points you have written in the in-text to ascertain that they are correct, after that you can start explaining each point as your answer to the question. When you have completed the explanation of each question, you can now check at the back of your book, compare your answer to the solutions provided by your course writer. Then try to grade your effort sincerely and honestly to see your level of performance. This procedure should be applied to all SAQ activities. Make sure you are not in a hurry to finish but careful to do the right thing. 5

6 e-tutors: The etutors are dedicated online teachers that provide services to students in all their programme of studies. They are expected to be twenty- four hours online to receive and attend to students Academic and Administrative questions which are vital to student s processes of their studies. For each programme, there will be two or more e-tutors for effective attention to student s enquiries. Therefore, you are expected as a student to always contact your e- tutors through their addresses or phone numbers which are there in your student hand book. Do not hesitate or waste time in contacting your e-tutors when in doubt about your learning. You must learn how to operate , because ing will give you opportunity for getting better explanation at no cost. In addition to your e-tutors, you can also contact your course facilitators through their phone numbers and s which are also in your handbook for use. Your course facilitators can also resolve your academic problems. Please utilize them effectively for your studies. Continuous assessment The continuous assessment exercise is limited to 30% of the total marks. The medium of conducting continuous assessment may be through online testing, Tutor Marked test or assignment. You may be required to submit your test or assignment through your . The continuous assessment may be conducted more than once. You must make sure you participate in all C.A processes for without doing your C.A you may not pass your examination, so take note and be up to date. 6

7 Examination All examinations shall be conducted at the University of Maiduguri Centre for Distance Learning. Therefore all students must come to the Centre for a period of one week for their examinations. Your preparation for examination may require you to look for course mates so that you form a group studies. The grouping or Networking studies will facilitate your better understanding of what you studied. Group studies can be formed in villages and township as long as you have partners offering the same programme. Grouping and Social Networking are better approaches to effective studies. Please find your group. You must prepare very well before the examination week. You must engage in comprehensive studies. Revising your previous studies, making brief summaries of all materials you read or from your first summary on activities, in-text questions and answers, as well as on self assessment questions that you provided solutions at first stage of studies. When the examination week commences you can also go through your brief summarizes each day for various the courses to remind you of main points. When coming to examination hall, there are certain materials that are prohibited for you to carry (i.e Bags, Cell phone, and any paper etc). You will be checked before you are allowed to enter the hall. You must also be well behaved throughout your examination period. 7

8 HIS 309 ISLAMIC POLITICAL THOUGHT UNIT: TWO (2) Prof. M.S.IMAM COURSE MATERIAL HISTORY DEPERTMENT CENTER FOR DISTANCE LEARNING UNIVERSITY OF MAIDUGURI 8

9 Objective of the Study At the end of the course model, the student will be able to understand the followings Understand the political principles, concept and meaning of Islamic Political Idea The significance and purpose of Islamic Political thought Study the history of the emergence and development of Caliphate in Islam Study the content, purpose of the constitution of al-madina Understand the community of al-madina under the leadership of the prophet Describe the life of a Muslim Philosopher and his political idea Ibn Khaldun Understand the functions of Shurah in Islamic political idea and government Understand the qualification governing the appointment of a Caliph, his functions and responsibilities Study the political idea of Abu Muhammad Al-Farabi 9

10 HIS 309 ISLAMIC POLITICAL THOUGH General Introduction The Course out line aimed at introducing student to the history and development of Islamic political thought, Muslim philosophers and principle of Islamic state and government. Islam as a religion of both spiritual and temporal is holistic which encompass social, economic and political guidance to human societies. Political principles in Islam exist along side with the religion but the political idea and thought theoretically and practically emerged after the prophet. The student therefore well be availed with some aspects and ideas of leading political thinkers, philosophers and major Islamic political thoughts. Philosophers like Ibin Khaldum, and Al-Fabi are examined to provide some examples as well as method of appointment, qualifications and responsibilities of Muslims leaders or Khalifa. 10

11 Table of Content 1. Concept, Meaning and Significance of Islamic Political Thought 2. Historical Development of Islamic Political Thought 3. The Constitution of Al-Madina and The establishment of the First Islamic Community 4. Political Idea of Ibn Khaldun 5. Shurah Institution in Islamic Political Thought 6. Qualification and Functions of a Khalifa 7. AL-Farabi Political Idea and government 11

12 Session one (1) Topic: Concept, Meaning and Significance of Islamic Political Thought Table of Content 1.1 Introduction 1.2 Learning Outcome I 1.3 In Text 1.4 Concept and Meaning of Islamic Political Thought 1.5 Purpose and Significance of Islamic political Thought 1.6 In-text Question 1.7 In-Text Answer 1.8 Self Assessment Question 1.9 Summary 1.10 Reference 12

13 1.1 Introduction In this course you shall study the concept and meaning of Islamic Political thought which is not separating religion from polities. Also Islamic political principles, significance and purpose will be highlighted. 1.2 Learning outcome At the end of this topic you should be able to understand the political principles, the concept and explanation about the meaning of Islamic political Ideas. The purpose of learning and significance of Islamic political Idea and history could be described. 1.3 Concept and Meaning of Islamic Political Thought In general term, political thought has been part of human civilization in nearly all generations. There was hardly any generation without political problem which called for solutions, and it is obvious that thoughts precede actions. Islam is comprehensive in its approach to human society not separating religion from polities therefore Islamic political thought emerged as an attempt to appraise the character of the caliphate that came after the prophet and explain the basic structure and functions of the Islamic State. Unlike other political ideas Islamic political thought is based on the Divine guidance revelations and traditions of the prophet (S A W). Therefore the basic political ideas and issues governing the relationship between the rulers and the ruled as well as politics and religion have been clearly established in the principle sources of Islam. In Islam there is no one established political system or models, but rather political principles on which basis all other political models were built. These principles are: 1: Sovereignty belongs to Allah and has the supreme command 2: Men are vicegerents of Allah on the earth and for the administration of the State and exercise of power it is the people not one man. 13

14 3: There should be a head of State who decides matter only in consultation with those of Umma who serves Allah truthfully. 4: The state is a trust from Allah and any ruling member of state, like any other person, is answerable to Allah in respect of the right of those under him. 5: The state properties and finance are trust in the hand of a ruler. 6: position of leadership and responsibility must be given to those who are worthy of them and not to those who arrogate power to themselves. 7: The duty of state is to prevent evil and promote good. 8: All human being must be treated equals without any discrimination of race colour and creed or religion except on ground of piety. 9: Every person in the State must obey the ruler Caliph, Amir or Imam except if he is asked to do what is wrong. 10: The law in the Quran is the supreme law. 11: In Islam the law in the Quran is binding on everyone including the ruler. 12: The honour, property and life of any person is sacred. 13: All agreements, contracts national and internationals made by the State must be strictly observed. Islamic political thought should not be separated from these very cores and principles of Islam therefore political thought is to explain and analysis the basis of state organization structures and functions within a given circumstance over the generations. The relationship between the rulers and the ruled, duties and obligations as well as right of both the leaders and the subject. Also Islamic political thought is about issues 14

15 concerning the Caliphate, later. Islamic state and on the character of the Muslim society especially its interactions with external non-islamic influence and changes internal and outside. Again, Islamic political thought also concerned with political authority in the maintenance of the state and the implementation of the Shariah. The relationship of government to temporal affairs and social change. The field of Islamic political thought in recent time is classified in to classical and contemporary. This is to distinguish between the political ideas that originated from the early Caliphate to the first part of the Ottoman Caliphate/Empire. And the temporal is that which emanated with the imposition of colonial rule on the Muslim World which has affected Islamic political ideas and institutions. 1.4 Purpose and Significance of Islamic Political Thought The main focused of classical Islamic political thought is the issues of the legitimacy of the Khulafau AL-Rashidun (The pious Caliphs). The procedures of their selection to authority and the nature of public administration and religion.these issues include the need to establish the qualities required of the leader, the number of qualified people to constitute council or the al ahlul haliwal-aqd (those who matter in the administration of the state) and also how many constitute a legal baia (allegiance) and what constitute ijima (consensus ) are also given consideration in the classical Islamic political thought. The classical period was effective until the middle part of the Abbasid Caliphate when the power of the Caliph eroded and dynastic rule featured prominently by the beginning of the 10 th century A.D when classical political thought has ended and temporal period began. In this time the Caliph become more identified with the temporal authority and executive powers, and previous 15

16 functions of combining spiritual religious and temporal functions were separated and Caliph delegated the spirituals. Gradually in this time the Caliph lost his political powers to semi-independent sultan or Amir, he was only a ceremonial leader and symbol of the spiritual unity of Muslim Ummah. It was this development that made Muslim philosopher, historians and jurist to venture into serious discussion on Islamic political thought and institutions The Significance of Islamic Political Thought The development of Islamic political thought has its importance in the emerging circumstances and expansions of Islam into various civilizations and society. Some of the significance of Islamic political thought as a subject includes: (1) Islamic political thought helps to understand the process through which the contemporary thinkers have formulated the guiding political models of Islamic political system. (2) It is also important because it helps to explain how divine revelations are to be perceived and interpreted for political guidance. (3) It also explains the relationship between religious beliefs and political practice. 1.5 In-text Question 1-Explain the meaning and purpose of Islamic Political Thou 1.6 In-text Answer 1) Islamic Political thought is an attempt to appraise the character of the caliphate that came after the basic structure and functions of the Islamic State. It is also based on divine guidance relation and traditions (Hadith) of the Prophet. The purpose of the study of Islamic political thought is to explain the Issues, 16

17 procedures and process of selection of Islamic leader. Also to explain the nature of public administration and religion 1.7 Activity Timing Time allow 10 minute Meet 3 colleagues to discuss the principles and purposes of Islamic political thought 1.8 Self Assessment Question 1-Identify seven main Islamic Political Principles 2-Explain the main Significance of Islamic political Ideas. 1.9 Summary The topic discusses the concept, purpose and significance of Islamic political thought. Also examines is the principle of Islamic political Idea the sovereignty belong to Allah and also leaders are representative of Allah to exercise power on His behalf and also the purpose and significance of Islamic political Idea, and its importance to help understand the process and explain the Devine Laws Reference 1. Aisha Abdul-Ismail (2011) Islamic Political Thoughts and Institutions Nature and purpose. International Institute of Islamic thought, Nigeria office. 2. Abdul Fattah Ibn Raji (2008) Studies in Islamic political Thought and Ideology Lagos, Nigeria. 3. Abdul, M.O.A(1970) the Classical Caliphate, Islamic publication Lagos, Nigeria 4. Ahmad, M. (ed) (1986) State, political and Islam, American Trust India polities. 5. Asad M. (193 0) The principles of State and Government in Islam, Daral-Andulus. 17

18 Session Two Topic: The Development of Islamic political Thought Table of Content 2.1 Introduction 2.2 Learning Out come 2.3 In Text 2.4 The Development of Islamic Political Thought 2.5 The emergence of the First Caliph and Caliphate 2.6 In-text Question 2.7 In-text Answer 2.8 Self Assessment Question 2.9 Summary 2.10 Reference 18

19 2.1 Introduction In this topic you shall study the history of the emergence and development Caliphate in Islam. The topic examines the process through which the first Caliph was appointed and the other Caliphs that came after him 2.2 Learning Outcome At the end of this study you shall be able to understand how and why there was the need for Caliph in Islam and the process of electing or appointing a leader or caliph in Islam. Also you shall be able to explain the ways and methods by which Caliphs in Islam were made or elected. In text 2.3 The History and Development of Islamic political thought Islamic political thought could be traced back to the time of the prophet Asr AL-Nabawi when the prophet was receiving revelation on any matter affecting the Muslim society and their relations with other groups. The first idea and actions on politics and society considered by the prophet himself was the founding of Madina state and a document called constitution of Madina or charter of Madina was made to regularize the relationship and co-existence between Muslim community and various ethnic and religious groups in Madina. This addressed the political and social problems facing the society at the time. However the political thought in Islam began to develop after the death of the prophet, As a result of his death, there was great confusion among the Muslims as who will succeed the prophet how and in what capacity but they realized the necessity of choosing a leader certainly not a prophet because his successor could not be another prophet since it was made clear in the revelation that the prophet (S A W) is the seal of prophets. The need for a new leader for the community must be urgently addressed, chosen or selected in the circumstance of claim and counter claims between the Ansar helpers people of Madina and muhajirun migrants, each claiming desirability. Umar bn AL-Khatab decided the matter by paying allegiance to 19

20 Abubakar a very close friend and companions of the prophet, Umar grasp his hand as was the tradition and custom among people of Arabia that whenever there was a pact or agreement concluded, and the action of Umar was followed by other close companions of the prophet first and then the rest of the people. By this allegiance Abubakar become the successor or Khalifatu Rasulu Allah, the caliph of the messenger of Allah. It was in this way the Caliphate was first founded as an Islamic political institution which continued to survive for centuries.the appointment of the caliph and the institution of the caliphate is a fundamental political concept in Islam. 2.4 The emergence of the first Caliph and the Caliphate in Islam. The selection of Abubakar brought an issue concerning criteria and qualification of a person to be a caliph. Incedently the first caliph was a Quraysh tribe the same of that of the prophet. This becomes a principle to orthodox that the caliph had to be a member of the prophet s tribe. Again, the first person to elect Abubakar was also from Quraysh and close associates of the prophet. Thus, it become the privilege of the leading figures in the community who had the right to elect and to constitute the men who release and bind, (Ahlul Hali Wal Aqad), and the rest of the people to rectify that decision. Abubakar, the first Caliph was concerned with the issue of succession before his death he nominated Umar and advises the Muslim community to rectify his appointment. Also Umar before his death very much aware of the political problem of electing a successor, he constituted six men committee all of them from Quraysh to elect among themselves one as Caliph. The committee eventually selected Uthman as the successor of the Umar. But the decision of the shura council was met with opposition and sayyad Ali was part of the opposition group. Therefore, the period of Uthman was less peaceful and after his assassination Ali become the Caliph. It was from this time that the Caliphate 20

21 began to experience political and leadership problem at the time when Islamic territory expanded to include different civilizations and culture and therefore the position of the caliph came under critical assessment as to his legitimacy. Political authority in political ideas and theory. public relations and welfare become subjects of examination The periods of the four rightly guided Caliphs is regarded as the effective period of Islamic classical political thought. This came to an ends by the middle part of the Abbasid Caliphate as a result of loss of power of Caliph and by the extension decline of the Caliphate. The decline was made clear in the near separation of spiritual religious duties from temporal power of the Caliph. Caliph began to delegate spiritual duties to other people since 10 th centaury A.D therefore the Caliph gradually lost his political powers to Sultan or Amir by becoming only a symbol of spiritual unity and ceremonial leader of the Muslim Ummah. These developments made Islamic scholars, philosophers and Jurist to give serious attention on the political ideas and political institutions of Islam. Also the powers of caliph, functions and election of the Khulafa or Imamah are considered important in the analysis of Islamic political thought and institution. 2.5 In-text Question Q1-When and how Islamic political thought was first made more practical 2.6 In-text Answer 1-The first practical political condition made clear during the time the prophet was in Madina where the prophet established a political community which was guided by a constitution under the leadership of the prophet as both political and religious leader. 2.7Activity Timing Time allow 10 minutes The 21

22 Meet 3 colleagues to discuss the history of the emergences of Caliphate after the prophet 2.8 Self Assessment Question 1- Explain the process by which the first Caliph emerged 2- Examine the origin of Shura council as a method of appointing a Muslim leader or Caliph. 2.9 Summary The topic examines the history and the development of Islamic political thought which began to be an issue of discussion after the death of the prophet. With the death of the prophet, Muslims established the political institution of the Caliphate to guide and direct the affairs of Muslims. The development began with the appointment of Abubakar then Umar and other Caliphs followed. The caliph came through different methods which later constituted the process of political appointment of an Islamic leader Reference 1. Abul-M.O.A (1970) The Classical Caliphate: Islamic Institution, Islamic publication, Lagos, Nigeria. 2. Abdul Fattah Ibn Raji (2008) Studies in Islamic Political Thought and Ideology, Nigeria 3. Aisha Abdul-Ismail and S. Shehu (ed) (2011) Islamic political Thought and Institutions, International Institute of Islamic thought Nigeria office. 4. Ahmad M. e.d, (1986) State politics and Islam, American Trust Indiana polis. 22

23 Session Three Topic: The Constitution of Al-Madina Table of Content 3.1 Introduction 3.2 Learning out come IN Text 3.3 The Constitution of Al-Madina 3.4 Nature of the Constitution 3.5 The Position of the Prophet 3.6 In-text question 3.7 In-text Answer 3.8 Activity Timing 3.9 Self Assessment question 3.10 Summary 3.11 Reference 23

24 3.1 Introduction In this topic you shall study the constitution of al-madin, its nature, purpose and content. Also the position of the prophet as religious and political or community leader of Madina 3.2 Learning out come At the end of this study you shall be able to describe the constitution of al- Madina and the formation of the community of al-madina which comprised different tribal groups and religions in Madina. Also you shall be able to understand the emergence of the prophet not only as religious leader but also political head of the various groups in Madina. 3.3 The constitution of al-madinah In order to organize relations between the inhabitants of Madina; the Aus, Khazraj, emigrants, and Jews and the prophet, the prophet proclaimed the document (al-sahifah), which has become known later as the Constitution of al- Madina. This document is authentic and very important for understanding the early period of Islam in the view of historians and scholars The prophet proclaimed this document in the first year of the emigration, and possibly after the establishment of the Brotherhood bond, because the historians mention it in the course of their writings about the brotherhood. This date is not accepted by all writers, because Ibn Hisham the first to record it does not mention its exact date. So, some writers consider it was written before the battle of Badr, while others feel, that it was written afterwards, when the position of the prophet had become strong. According to some writers the document is divided into eight distinct documents because there is a mention that Abu Jafar al-sadiq had a document, Short than the constitution of al-madina, consisting of about thirty clauses, probably documents A and B. But the document of Abu Jafar al-sadiq, did not reach us and all our knowledge about it was that it was shorter than the constitution of al-madina and it contained some rules about; al-adab wa al-sunanh wa ahkam al-halal wa l haram. Therefore it is difficult to determine if there was a connection between these two documents or not. And if there was the extent of this connection. The Apostle of God contracted an alliance (hilf between Quraish and the Anser in my house. He linked this tradition with the remark of Ibn al- 24

25 Athir that the prophet made two hilfs in the house of Anas. And interpreted it to mean that the two hilfs were documents A and B. This inference is open to criticism. Documents A and B which organise the relations between the emigrants and the adherents were written in the first year A.H., the other documents most of whose clauses organise the relations between Muslims and Jews were written later. Relationship between Muslims and Jews were good in the first year of the emigration. So it was logical to make a confederation with the prophet. The document mentioned the Jewish tribes as allied to the Madinan tribes. Historian mentioned that Banu Qaynuqa broke the pact between them and the prophet after the battle of Badr. There is no any historical evidence that the document was in fact eight documents. Therefore the document is the single one transmitted to us. 3.4 The Nature of the Constitution of Al-Madina Some writers regard the Constitution of al-madina as a treaty made between the emigrants, the one adherent and the Jews to regulate relations between them. Careful examination leads us to believe that the conditions of a treaty did not exist, because there is no reference to the writer of the Constitution nor to the signatures of the contracting parties as were to be seen in the prophet s other treaties. It is assumed that the name of the writer and the signatures of the contracting parties might be lost for some reasons. But the text of the Constitution does not help us to accept such an assumption, because it begins with this statement, This is a writing from Muhammad the prophet between the believers and Muslims of Quraysh and Yathrib and those who follow them and are attached to them and who crusade (jahadu) along with them. It is clear from the text that the prophet Muhammad alone promulgated this writing, kitab, as a Constitution for the Islamic state in its embryonic stage to organise the relations between the different elements of al-madina. This did not prevent the prophet from holding preparatory negotiations with the Madinan groups and gaining their acceptance before the publication of the Constitution of al-madina. The contents of the constitution of al-madina: 25

26 The subjects which the Constitution deals could be divided into the follwing main headings: 1-The Community: The Constitution regards all the believers and Muslims from Quraysh and Yathrib and those who followed them as a single community, ummah; this community was not confined to Muslims only, but was also extended to include the Madinan pagans and the Jews. Basically, this community was established on the basis of religion in contrast with the tribe community which was based in actual or alleged kinship. The Muslims formed the nucleus of the community, and provided its leadership. The constitution laid down several rules for organising relations between the believers as follows: a) The community of believers was to be based on solidarity; therefore, it was the duty of all the believers not to leave any Muslim taken prisoner unaided, but to help him by b) Paying ransom, fida, or blood-money, aql, for him c) the Muslims were to be considered equal, so anyone of them could give protection, jiwar, to a foreigner, and it was the duty of all Muslims to respect this action d) No Muslim was to be permitted an alliance with the client, maula, of another Muslim without his permission e) If anyone killed a Muslim he would be punished by killing, unless the guardian agreed to take a ransom f) All the believers must co-operate to carry out punishments against the guilty, even though he was the son of one of them. By this rule the custom of the blood-feud within the community was abolished g) The believers must apply the principle of solidarity in war and peace in all cases 2-The position of the tribes: The constitution recognised the tribes, as administrative units under the overall leadership of the prophet Muhammad. Therefore the constitution regarded the emigrants as one tribe alongside the other tribes of Madina. The 26

27 duties of the tribes according to the constitution were to preserve solidarity among their own members, as they were, and to pay, collectively, ransom or blood-money for their prisoners. 3-The position of the Jews: The constitution regarded each of the Jewish tribes at Madina as a community in itself and additionally as making a community, ummah, along with the believers under these principles: a) The constitution recognised the religious freedom of the Jews b) No one was permitted to commit an act of aggression against the Jews and their allies. c) If any Jews were to attack or commit any crime against another person within the community, then the responsibility was his alone. d) The Jews were to share with believers the duty of defending al-madina, and they were to support the Muslims against their enemy. e) The Jews were not to make any alliance with the Quraysh or to protect its trade or that of its allies f) The Jews must not enter or take part in any war without the permission of the prophet Muhammad. g) Any serious disputes should be arbitrated by Muhammad the Prophet h) The position of the allies of the Jews was to be like that of the Jews themselves in respect to the above rights and obligations. 3.5 The Position of the Prophet a) The constitution defined the position of the prophet as follows: b) The prophet hood of the prophet Muhammad was recognised by the constitutional text; and his city, al-madina, was regarded as a sacred place, (haram). 27

28 c) The prophet was recognised as supreme judge of appeal for settling disputes among the population of Medina in accordance with the instructions of God. d) Implicitly, the constitution gave the prophet the right of making the final decision in matters of war and peace. 3.6 In-text Question Q1-Exermine the main factors for the development of the constitution of al- Madina Q2- Discuss the content of the constitution of al-madina 3.7 In-text Answer Q1-The prophet migrated to Madina as a result of the opposition of the people of Mecca against his message and when he came to Madina he found different tribes and religions. For Muslims both migrant and the Ansar to live with other tribes in peace the prophet established the community of Madina which consisted of Muslims, Jews and Christian as well as Aus and Khazraj tribes. In order to live in harmony and peace the prophet in his first year of migration to Madina he made the document the constitution of Al-Madina. Q2- Generally it is accepted that the constitution of Al- Madina is document provided by the prophet alone but not a treaty or an agreement. It is a document made to regulate the relations between the various groups in Madina and the believe in different religion so as to live together in peace and also establish an Islamic State or Political arrangement which was not only based on religion, or tribes but also social and economic relations among the groups 3.8 Activity Timing Time allow 15 minutes Meet 4 colleagues to discuss the constitution of al-madina 28

29 3.9 Summary The topic discusses the emergence and formation of the constitution of al- Madina which provided the based for the formation of community al-madina and first Islamic state. The constitution describes the relations between the various groups in Madina and also recognised the position of the prophet not only as religious leader but also a political head who brought the tribal consideration in the Arabia in many Issues to an end. 3.9 Self Assessment question Q1-Explain the position of the prophet under the constitution of Al-Madina Q2-Exermine the major aspects that constitute the constitution of Al- Madin 3.10 Reference 1. Hashim,Y,Al-Mallah (2011) The Governmental system of the prophet Muhammad: A comprehensive Study in Constitutional Law, Dar al- Kolob al-illmaniyyah. 2. Asad M. (1930) The principles of State and Government in Islam, Dar al- Andalus 3. EL-Awa M.S (1980) T he political System of Islamic State, America Trust. U.S.A 4. Abdul M.O.A (1970) The Classical Caliphate, Islamic Publication, Lagos Nigeria 29

30 Session Four Topic: Political Idea of Ibn Khaldum AD Table of Content 1.1 Introduction 1.2 Learning out come 1.3 In Text 1.4 Ibn Khaldun History AD 1.5 Ibn Khaldum Political Idea 1.6 In-text question 1.7 In-text Answer 1.8 Activity Timing 1.9 Summary 1.10 Self Assessment question 1.11 Reference 30

31 4.1 Introduction In this topic you shall study the history of a prominent Muslim historian and philosopher, Ibn Khaldum. Also you shall study his views on the basis of Islamic state and his division of politics in to Siyasah Madaniyya, Siyasa Diniyya and Siyasa Aqaliya 4.2 Learning out come At the end of this study you shall be able to describe the life of a Muslim philosopher and also understand his political Ideas and necessity for state as Ibn Khaldun perceived it. In Text 4.3 History of Ibn Khaldum ( ) AD He was born in Tunis to a family which claimed descent from south Arabia. His father was in the service of the Hafsid rulers. Tunis at the time of Ibn Khalduns birth was a centre of intellectual ferments as a result of the congregation of scholars from al-andalus. They were fleeing persecution from the advancing Christian forces of king Pedro of Castile. At the age of 20, Ibn Khaldun joined the service of Sultan Abu lshaq of Tunis as a secretary end continued until 1362 when he went to al-andalus to serve king Abdallah. In 1364, he led a diplomatic mission to King Pedro which led to a treaty between the two. After that he returned to Tunis, when he be came prime minister. In 1382, he left for Egypt; where he became the Mufti of Malik School of Tunis This position he held and last several years and died in This eventful career prepared Ibn Khaldun for his work as a practical scholar. It was during his time in Egypt what he set to write Kitab al-ibar. Unfortunately, he only managed to finish the Introduction or Muqaddimah before his death. The Muqaddimah covers virtually every field of knowledge. It is only with its political aspect that we are here concerned. Asabiyyah Ibn Khaldun was the first to recognise the importance of group feelings in politics. This force in what he calls asabiyyah. It is variously translated as nationalism, spirit de corps, tribalism and so on. To him asabiyya is the driving force behind all state creation exercise. It may be rooted in blood 31

32 relationships and family loyalty, or a clan or tribal solidarity, or in religions brotherhood. The force of asabiyyah enables the group to conquer others and establish their rule. The group will operate under a leader who is capable of giving them justice and of leading them to victory. The group will follow and obey the rule so long of he also remains loyal to them and gives the justice victory. After some three generations lasting about 120 years, the rulers can be come alienated from the people as a result of competition. Their asabiyya will, them be weakened and they will became open to defeat by the those asabiyya is strong. Is it possible for a ruling group to rise above their tribal asabiyya and establish a broader base of support, and, therefore, a broader asabiyya, Ibn Khaldun said that this was what the Umayyad and the Abbasids did. They came to power on the basic of tribal asabiyya, but later around turned themselves into Caliphs, thus wining a wider religion basin of support. How can the concept of asabiyya be used to explain modern political movement? The Necessity for the State Ibn Khaldun follows the arguments of al-farabi concerning the need for the state. This to him religions revelation is not a necessity for the formation or the flourishing of the state. What was needed for a state to be formed and Flourish is a restrainers. Further, or he disagrees with al-mawaradi and al- Farabi abaut the significance of the Bay a. he believes that conquest is the basic of society, and that only when people are conquered do they pay allegiance. Even among a group it is the leader who is able to assure victory who get bye a. Therefore, the most important basis for the establishment of rule is force. Other things are merely brought in to legitimise and justify it. 4.4 Ibn Khaldum Political Ideas Type of Government Once a state is established by force with the help of asabiyya, it has to be governed. There are three types of government that can emerge, only in practical one is (a) Siyasah Madaniyya This is the ideal state of the philosopher. Ibn Khaldun understands this to 32

33 mean a state in which there is no need for law enforcement. Every one knows what is right and they do it. They also know what wrong is, and they accord it. Every one living, in harmony with any one else. He dismisses this as more theory. Ibn Khaldun must have no respect for the philosophers if he thought this was all what they advocated for. (b) Siyasah Diniyya This state is one government by religion law or Shariah. It is the ideal theocratic State which al-farabi called Madinatul Fadila. With Ibn Khaldun, this state is governed excitedly by divine law, Which has already been revealed through the prophet. The task of the ruler is to enforce the laws which have been revealed for the guidance of the community in this world and for their benefit in the here after. The laws that given the state are religious laws or Crowning Diniyya, and breaking them constitute both a crime and a sin. They are easy to implement in a community of serious believers because people know that, by obeying them, they are obeying God, and not only the ruler. Similarly, breaking them would inter punishment not only here, but also in the here after. Even though it is the best type of government Ibn Khaldun finds several problems with the siyasa diniyya. Firtly, it does not last very long. After the time of the prophet and his immediate successors, the force of religion ends to decline among the people and material need intrudes into their lives. Force is increasingly needed to keep people in line, secondly, different interpretations of the law emerged. The prophet could always settle doctrinal disputes while he was around, and respect for his companions would keep doctrinal unity. With time, how ever, doctrinal differences cannot be reconciled. Ruler resent forcing in order to maintain doctrinal unity. Thirdly, after the time of the prophet, and his companions, Qawanin Diniyya can no longer cover all new developments and situations, and so very soon the laws become devoiced from reality. New law made to cover new situations do not have religions force, and have to be enforced. (c) Siyasa Aqliyya This is the state whose laws are arrived at entirely from human reason. It is the rough equivalent of Al-Farabis Madinah Jahiliyya, and the modern several state. Ibn Khaldun has shown that this state can be successful and lasting. Since it laws are refered to it with changing circumstances, however, he dismissed it because it lacks provision for moral and spiritual guidance. Its laws are obeyed 33

34 only for fear of punishment, and its leaders are respected only as long as the asabiyya which establishes them lasts. All their laws are political or Qawanin Siyasiyya To Ibn Khaldun, the most practical state is one which is based on religion, but which allows for the making of political laws in order to make up for the problems which he has observed in the Siyasa Diniyya. The government has a duty to preserve itself and so make laws to that effect. Laws should also be made to enforce uniformity of destine and to meet new circumstances. These will therefore, be both Qawanin Diniyya and Qawanin Siyasiyya. This makes Ibn Khaldun a controversial philosopher. Several among Muslims cite him to justify a separation from politicise Islamist who see him as essentially supporting the Islamic state, allowing for some minor administrative laws to regulate community life. There are some extremists that see him as an apostate for saying that the Siyasah Diniyyah has some short comings. 4.5 In-text question Q1- Examine the history of Ibn Khaldun and his view on 4.6 In-text Answer Q1-Ibn Khaldun was born in Tunis in the year 1332 AD. His family believed to have migrated to Tunis from South Arabia. He joined the service of the Sultan Abu Ishaq of Tunis at the age of 20 and remained in this service until 1362 when he went to Andulus to serve the king Abu Abdallah. He was a diplomat as he in 1364 led a delegation and signed a treaty between the two kings he was also in Egypt where he was made a Mufti. His famous book is Mugaddama Ibn Khaldun. Ibn Khaldun recognised the importance of Asabiyya or group feeling in polities which some writers translated as nationalism or Asabiyya that enable people to conquer others because of their loyalty to the group and eventually establish their rule or kingdom. 4.7Activity Timing 34

35 Time allow 10 minutes Meet your 2 colleagues to discuss the political idea of Khaldun 4.8 Summary The topic examines the history of Ibn Khaldun, his early life experience in the service of rulers like that of Andalus and of Egypt, His Idea on the force of Asabiyya in the establishment of state and the types of government which Ibn Khaldun identified are also discussed in this topic. 4.9 Self Assessment question Q1-Explain the different types of government identified by Ibn Khaldun Q2- Discuss Siyasah Madaniyya and Siyassah Diniyya in the views of Ibn Khaldun 4.10 Reference 1. 1-Al-Mawardi A. Muhammad B. Habib (1960) Al -Ahkam al- Sutaniyyah wa al-wilayat al-diniyyah Egypt Bual, F. (T rans (20 04) Ibn Khaldun s science of Human culture, New Delhi 3. 3-Ahmad M. (ed) (1986) State, politics and Islam, American Trust, Indians Ibn Khaldum, Abdul Rahman, Mugaddamat Ibn Khaldun 4 vol. Cairo

36 Session Five Topic: Shura Institution in Islamic Political Thought Table of Content 5.1 Introduction 5.2 Learning out Come IN Text 5.3 Concept of Shura 5.4 The Function of Shura Institution in Islamic Political Thought 5.5 In-text Question 5.6 In-text Answer 5.7 Activity Timing 5.8 Summary 5.9 Self Assessment Question 5.10 Reference 36

37 5.1 Introduction In this topic the student shall study the concept of Shurah in Islam and its functions in the political and administration of Islamic State. The topic discusses the relevance of Shura in the establishment and sustenance of Islamic government. 5.2 Learning out Come At the end of this Study the student shall be able to understand the meaning of Shurah both literary and technical meaning of Shurah in Islamic Political thought Also the student will be able to describe the major functions of Shura institution in the running and establishment of Islamic State. 5.3 Concept of Shura Shura is an Arabic word derived from the root word shawara to consult, advise and suggest. Shura or consultation is an important aspect of Islamic political system, and that is whatever matter people seem to be important, there must be consultation. The word is made clear in both Quran and Sunnah of the prophet in the need of people to participate in governing them. Allah asked the prophet in the Quran to consult his companions. Therefore matter of fundamental public importance are best left to the people collectively to decide after consultation among, them and their decision must be based and guided by the teaching of the prophet. This suggests that Islamic political idea is flexible and recognized the intelligence of people to analyze and discuses matters in accordence with the guidance of the Quran and Sunnah, before taking any decision. In recognition of human ability of the prophet once told his companion that you know best your earthly affairs. Shura institution constitutes an important factor in Islamic political system. Shura institution provides opportunity for Muslim to participate in the process of decision making which produces effective and good policy that meets the democratic expectation of the majority of the people. Shura is a general principle in Islamic political system 37

38 and its application is mandatory on matters of great importance to the public. The shura institution provides procedures whereby Muslim comes together and deliberant upon any important matter of concern to them and arrives at the right conclusion. The concept of shura has three symbolic meanings. The first is the symbol of election. After the death of the prophet the first generation solved the succession crisis by elections giving a good example to the Muslim community. They used two stages (1) consultation, nomination and selection by the representative of the Ummah and the second symbol is the confirmation by the public through general acclamation or baia. It is only when baia took place and that the leader accepts then he is said to have legitimately acceded to the position of leadership. In this way the leading representative of the people choose a leader and the people ratified the selection. Islam accepts the concept of shura or election but does not give details of the methods therefore the community is free to determine and designed the method of election. eg. Direct or indirect or any other method provided that it is based on free and fair and justice. The process and method must be for the best interest of the Muslim society. It is part of the process of shura or election that the leaders must be chosen from among the best qualified citizens on the basis of their own merit and competence. Again, the general public has the responsibility to elect and trust person in the interest of the society. A guiding principle of election is that whoever entrust a man to a better man than his trustee, he has betrayed the trust of Allah and his messenger and the Muslims. 5.4 The Function of Shurah Institution in Islamic Political Thought Shura in Islamic political thought is a very important institution through which Islamic political institution can effectively be established. Shura is rested 38