Ismael - Apr-Jun 2013 (English)

Page 33

is not possible in the short time available. So I shall mention just one very significant and important principle. In Surah Rahman (chapter 55, verse 10) of the Holy Quran, God Almighty says: “And weigh all things with justice and fall not short of the measure.” That is, God has set up the measure and balance so that order and harmony pervade and govern the entire universe. It is the right of every creation of God that its order and balance should not be disturbed at any cost. We are enjoined to weigh all things with justice and not to fall short of the measure. Thus justice – the very principle and basis of all rights – is in inexorably joined with measure, balance and order of the universe. The fabric of rights surrounds the entire universe and is bound up with God created order, harmony and measure of the universe; violate rights in one area and you not only violate rights in other areas but also disturb the balance and order of the universe. As there is an all comprehensive harmony in the whole universe, man, the crown and the object of creation is enjoined to maintain a just balance in everything and treat with equity and justice his fellow beings giving everyone his due and to avoid extremes and discharge his duties to his creator and his creations. Thus, the Islamic view of human rights is pivoted on the overall view of justice, harmony and order in the universe. This is the prime foundation on which the entire edifice of human rights is built in Islam. In the running of political affairs, God’s sovereignty is expressed in two ways: 1. The Law (shariah) as derived from

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April - June 2013

the Holy Quran, the conduct of the Holy Prophet of Islam and also from the established traditions attributed to him by early Muslims are supreme. They bear essential guidelines for legislation and no democratically elected government can interfere with the express Will of God. 2. No legislative process would be valid in contradiction of the aforesaid principle. Unfortunately, however, there is no unanimity among the scholars of various sects of Islam as to what are the clear cut Laws (shariah). On this, all the scholars are agreed that legislation is the prerogative of God and that He has expressed His Will through the Quranic revelation to the Holy Founder of Islam. Regarding the manner in which Muslim governments should be run, the popular idea is that in the day to day administrative matters, affairs and measures, the government, as representatives of the people, becomes instrumental in the expression of God’s Will. As sovereignty belongs to the people by way of delegated power, therefore, such a system is democratic. This is the rigid view of the so-called orthodoxy who would come to an understanding with the modern democratic tendencies of the Muslim populace only on the condition that the mullah be granted the ultimate right to judge the validity of democratic decisions on the basis of shariah. If accepted, this demand would be tantamount to placing ultimate legislative authority not in the hands of God but in the hands of the orthodox or some other school of clergy. When you consider the awesome power


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