Posted by Concluded on 17/10/2004, 16:35:42, in reply to "Muslim self-rule is the answer " According to Jerry Fresia: The check upon the executive branch by the legislative branch is not like the check by the other branches upon the legislative. It is not distrust or an indictment of the virtue and wisdom of a class of poor people. It is a simple distrust of the government or public power and a belief that private or what we today would call corporate power or business is virtuous. Clearly, fear of the ability of common people to work their way through the legislature was far greater than the potential tyranny of the President. To the contrary, under an Islamic form of governance it is the right of the common people to censure the head of the State and all other officials. It is an important function of the Shura to ensure that the ruler conforms to the Quran. The nation must remain conscious that it has to obey its creator, not the whims and fancies of men in top positions. The essential dictum being that there is no loyalty unto the created which involves disloyalty unto the Creator". (Bukhari) It is natural to think that divine sovereignty and the necessity of obedience to the Prophet leaves no room for freedom and human legislation in an Islamic State. In fact, Islam does not totally exclude human legislation. It only limits its scope and guides it on right lines."[13] In an Islamic State, a priestly class exercising unchecked domination and enforcing laws of its own making in the name of God is satanic rather than Divine. The government built up by Islam is not ruled by any particular religious class but by the whole community of Muslims including the rank and file. The entire Muslim population runs the state in accordance with the Book of God and the practice of His Prophet.[14] The New York Times (Nov 14, 2003) was pleased to announce that there is no reference to Shariah in the new Afghan constitution. We must remember that Muslim governments were de-Islamised, when Muslims were deprived of the Shariah under colonial rule. As a result, Muslims were exposed to absolutism for the first time because the Shariah provided an absolute limitation on government. That is why in Islamic history, despite deviations from the basic principles and transformation into monarchies, one does not find as much oppressive governments as we witness today under the democracy of Musharraf and Mubarak. The reason is that governments were limited. Moreover, the judiciary remained very powerful. It could evoke the Shariah directly to check government. The post-independence governments became very absolute. Even the so-called democracies have actually become democracy of the elite or the junta in service of the powers that keep them alive. Just like the democracy of the French Revolution, these are a democracies of one class of people, who discuss the issues amongst them and, although there are formal elections, the people are actually not represented in any sense. They are completely left out. Regimes survival is linked to the service they provide in furthering US interests. A state based on the principles of Islam can never be a threat to non-Muslims or interests of non-Islamic states. Islam persistently demands its followers to observe the principles of morality at all cost in all walks of life and the administration at the top is not exempt. Hence, it lays down an unalterable policy for the State to base its politics on justice, truth, and honesty. It is not prepared, under any circumstances whatsoever, to tolerate fraud, falsehood and injustice for the sake of any political, administrative or national expediency as we witness in the words and deeds of the most established democracies of the world. Instead of wasting innocent lives on both sides of the divide and instead of wasting trillions of dollars of the tax-payers money, this is the time to assist Muslims in transition to self-rule. This is the only answer to avoiding further bloodshed and continued chaos and destruction. In a situation in which victims neither have power nor a clear idea, the next big question is from where to begin. The first step in this regards is ceasing external support to illegitimate rulers and other opportunists both at Mulla and moderate extreme who fool the West in the first place. This also is not possible untill the seemingly empowered Western public gets aware and use their real empowerment to help the rest of the humanity begin a genuine process towards their self rule rather than inciting a war within and imposing wars from outside to no avail in the final analysis. NOTES [1] Perhaps Jesus was only demanding that State taxes be paid with official currency. [2] A selection of the enormous volume of works includes: Alfred von Kremer, Geschichte der herrschenden Ideen im Islam, Leipzig 1868; Ed. K. Ferdinand und M. Mozaffari, Islam: State and Society, London 1988; Bernard Lewis, The political Language of Islam, Chicago 1988; J.P. Vatikiotis, Islam and the State, London 1987; Axel Kohler, Islam Leitbilder der Wirtschafts und Gesellschaftsordnung, Cologne 1981. [3] Gustav von Grunebaum, Der Islam im Mittelalter, Munich 1963. [4] Tilman Nagel, Staat und Glaubensgemeinschaft im Islam, 2 Volumes, Munich 1981. [5] And I have not created the jinn and the men except that they should serve Me (AI-Quran 51.56) Islam fixes two responsibilities upon man: individual and collective ones. Concerning individual responsibility, he is responsible far his own self , thus Allah, the Mast High, addresses him: "Nay! man is evidence against himself. Though he puts forth his excuses." Al Qur'an (75:14-15). [6] "Whoever does not judge by that which Allah has revealed, they are disbelievers" (Al-Quran 5:44) [7] Al-Mawardi The Ordinances of Government (Al-Ahkam al-Sultaniyya). Trans. by Dr. W. Wahba. 1996, pp. 3; also see Ibn Khaldun, The Muqaddimah: An Introduction to History, Princton University Press, 1967, p. 190,191. [8] Unlike Christianity and Judaism, Islam is not merely a religion, but Deen, which means a way of life which on has to follow on every single step during his life as a Muslim. [9] Sayyid Mawdudi, Islamic Political theory, p.30. [10] Ibid. [11] The issue of judicial review was not settled until Marbury v. Madison in 1803. [12] Quoted by Jerry Fresia in Toward an American Revolution, South End Press, Boston, 1988. [13] Sayyid Mawdudi. "Islamic Law and Constitution" translated by Khurshid Ahmad,1980, p.74. [14] Sayyid Mawdudi. Political Theory of Islam. Extracted 12/27/03 from ICSSA
The point is that as the national government was purposely made inefficient, it would leave private power or the power of business or corporate elites untouched. As Charles Beard points out, None of the powers conferred by the Constitution on Congress permits a direct attack on property. Thus Madison argued in Federalist No. 51, The constant aim is to divide and arrange the several offices in such a manner as that each may be a check on the other - that the private interest of every individual may be a sentinel over the public rights.[12]
Abid Ullah Jans latest book, The End of Democracy, is just released in Canada
" Whosoever does not judge by that which Allah has revealed, such are oppressors" [Al-Quran 5:45)
" Whosoever does not judge by that which Allah has revealed, such are transgressors" (Al-Quran 5:47).
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