Ethical and Integrity-Inspired leadership : deriving inspiration from Islamic sources for governance and leadership.

Prepared by Yusuf Morales Author's Foreword: The article is a humble attempt of the author in order to try to share some insights into how to look at our issues on governance from an alternative Islamic perspective. The paper therefore, is a look into the discourse of public accountability and the historical and philosophical antecedents during the early ages of Islam. In hope that they would serve as reminders and guidance to us Muslim and non-Muslims in the 14th century Hijrah. This paper may appear to be uncomfortable to some, tumultuous to others, sickening to a few, but hopefully in the end, will be worthwhile and enriching. May it be an opening before us a new vistas in thinking, breaking old barriers and challenging the structures which served as mitigator to the progress of the Ummah in this regard. It is hoped that the other Muslims look at the contextual content of this article and benefit from it.

INTRODUCTION: Islam has always been described as a comprehensive guide for life and even its concept of leadership is derived from foundational sources of Shariah; the Quran and the traditions. The concept of leadership has manifested itself very much early in the history of Islam. Leadership has been explained in detail in the Islamic teachings. In order to have a thorough understanding, you need to the learn Islam and its basics. In Islam, the leaders are bound to perform certain duties and they are not free to act as they do

not wish nor they can submit to the desires of other people in the society. A leader has to act according to the teachings of Allah as the prophet Muhammad (SAW) as shown with his example. In the holy book, Allah said that he has made the prophets the leaders who have to act in light of his commands. A leader must do good deeds, give charity and serve his nation in the right manner. All of these has been elucidated and given proper emphasis in the texts and you will see historical figures of Muslim leaders, time and time again reflect on these principles. Conceptual Models from Textual Sources: The Basic context of all principles in Islamic leadership, Islamic management and governance is that Allah Taala is the primal source of all sovereignty. The Islamic management system is based on its specific world view that all actions of leaders must originate from this principle . The Quran reminds us in an ayah: Is it not His to create and to govern? (Al Araf, 7:54). As such, the sovereignty of the entire universe originates from Allah Taala, likewise, sovereignty over all of humankind rightfully belongs to Allah Taala and no human or nonhuman power could control or decide any of the human affairs. The only difference between humans and others of Allah Taala's creation is as follows: While in all of the universe and even in the autonomous part of human's own body; His sovereignty is established automatically it is the part that is granted autonomy by Allah Taala, where it is not forcibly established. It is rather established by inviting humankind to willingly submit themselves according to the course established by Him in the revealed scriptures. The Qur'an has been very explicit on these injunctions: The Command is for none but Allah. He has commanded you not to surrender to anyone except Him. This is the right way of life, but most men understand not (Yusuf, 12:40). We have sent you the Book in Truth that you (O Prophet) might judge between men, as guided

by Allah (Al Nisa, 4:105). If any fail to judge by (the light of) what Allah has revealed, they are (no better than) unbelievers, .. the wrongdoers .. those who rebel (Al Maidah, 5:44-47). There are basically four conceptual forms of ethical and integrity-inspired models that can be seen from the foundational texts of Islam which are as follows: Wilayah or Khilafatul Ard, Shura, Adliyah, Amr bil Ma'ruf.

Wilayah or Khilafatul Ard (Allah's Vicegerent or caretaker on earth) The position of man in the order of creation is that of Allah's vicegerent (khalifah), or Allah Taala's representative on earth. The nature of this vicegerency (khilafah) described in the Qur'an is as follows: Whatever capacities and abilities humans possess, they are bestowed upon them by Allah Taala, Allah Taala bestowed these gifts on humans so that using them and the will granted them by Allah Taala, and they follow and establish His will in their lives as His representatives and not as autonomous entities. This trusteeship has been entrusted on all those who accept Allah Taala as their Lord and Sovereign. The concept is one of popular vicegerency, shared by all believers alike. This vicegerency also means that limited authority has been delegated to those who run the affairs of the believers. Moreover, this authority is bestowed not on any chosen person, family, tribe, ethnicity, race or group of people but on all believers -- men and women as the Qur'an states this: Allah has promised to those among you who believe and work righteous deeds that He will assuredly make them succeed (those who rule) and grant them vicegerency in the land just as He made those before them succeed others (Al Nur, 24:55).

As such, the two cardinal principles of governance as laid down by the Qur'an are: first, sovereignty belongs to Allah Taala and second, the popular vicegerency belongs to all believers. Thus, legitimacy in the Islamic order comes first and foremost by accepting Allah Taala as the Sovereign and His Law (Shariah) as the supreme law. Second, that the society must be governed by and in accordance with the will of the people. The people or the Ummah are the actual repository of khilafah and those in authority must have the confidence and support of the Muslim population. In this context, Shariah provides a broad framework within which the people under the umbrella of divine guidance participate in developing a civil society and its institutions including various organs of the state.

Shura or Concensus One Must understand that the whole system of governance in the Islamic state from its inception to the selection of the head of the state and all those in positions of power as well as its dealings must be conducted by shura, whether it is carried out directly or indirectly through selected or elected representatives. The Qur'an reminds this as a rule: "Their affairs are decided by consultations between them" (Al Shura, 42:38). Even the Prophet (SAW) although he was the recipient of direct guidance from the supreme Allah, was commanded: "Consult them in affairs (of moment)" (Al Imran, 3:159). Even the second Khalifah Omar (r) admonished: "There is no khilafah without consultation." (Please refer to Kanz al ammal, vol. 5, and Hadith number 2354). Thus, the practice of shura was an important mechanism followed at all levels in the selection of political leadership by Muhammad (SAW) and his followers. It was the Islamic community that

selected the first four rightly guided khulafa, although the method of selection and the process of approval differed. The essential principle was consent and confidence of the community and the accountability of those selected before the community. Even afterwards when the heredity rule crept in that violated this community right, a facade of bay'ah, or community's acceptance of rulers was still maintained. Sayyid Abul Aa'la Mawdudi (r) in his renowned treatise Khilafat wa Malookiat (Caliphate and Kingship) has described that in selecting or electing persons to positions of power the following four criteria must be given due consideration in the light of Qur'anic injunctions: 1. It should be only delegated to those who acknowledge the principles, on which the system of khilafah is based, because it cannot be entrusted to persons who oppose it. 2. It should not be entrusted to tyrants and those who are disobedient to Allah Taala or known sinners but to God-conscious, considerate and righteous believers. 3. It should not be given to the foolish and ignorant but to the knowledgeable, wise and those who understand the state affairs and are capable of running it, mentally and physically. 4. It should be entrusted to the honest such as are worthy of these responsibilities.

Adliyah or Dispensation of Equitable Justice Islamic law based on the Qur'an and Sunnah is equally accessible to all and equally applicable on members of the society from the lowest to the highest, without any distinction or discrimination. The Prophet (SAW) was asked to declare that: "I have been commanded to maintain justice between you" (Al Shura, 42:15). The Prophet (SAW) admonished: "The nations before you were destroyed because they would punish the lower class criminals according to the law but would let go those from

the higher class. Then laying further emphasis, he continued: "I swear by the Authority in whose control is Mohammad's life, if Mohammad's daughter is guilty of stealing, I would cut her hand off" (narrated by Bukhari, Kitab al Hudud, Chapter 11-12). These quotations show an overriding concern for justice in all its dimensions: legal, political, social, economic and international. Also, all the personal, civil, political, social, cultural and economic rights of an individual are guaranteed under Islamic law. All people have equal rights and each and everyone is equally responsible before the law. It is the obligation of the rulers to ensure that each member of the society particularly the weak, is given his due rights. Furthermore, the rulers are not provided with any arbitrary power. Esposito and Voll in their book, Islam and Democracy write: "In the long standing concept of 'oriental despotism,' there is no sense of a separation of powers or structures limiting the power of the ruler. However, such unlimited power was not available to leaders in classical Muslim societies and this situation is visible both in Islamic law of political structures and in actual historical experience." In fact, the entire corpus of the Islamic law has been developed by the Islamic ummah through a rational, popular process in which the learned and the concerned took part by debate and open discussion. It evolved outside the corridors of political power and once established, the ruler was as much subject to it as was the commoner. Esposito and Voll acknowledge: "It was the consensus of those scholars and not the commands and rules of the Caliphs, that provided the basis for formal law. No ruler was recognized as being above the law, and all rulers would be judged by that law."

Al-Amr bil Maruf wa Nahi an al-Munkar or Urging people towards good deeds and avoidance of bad deeds The above term literally means commanding what is right and forbidding what is wrong and encompasses a whole gambit of duties and responsibilities. The Qur'an makes it the mission of the believers: "You are the best of Peoples evolved for humankind, enjoining what is right and forbidding what is wrong and believing in Allah" (Aal Imran, 3:110). It means that every individual of the society has the right, nay the duty, to tell the truth and stand for it, to further all that is good and virtuous and do his utmost to remove the wrongs and vices wherever he finds them. The Prophet (SAW) tells us: "Whoever among you sees a vice (or wrong), he should change it with his hands; if he is not able to do that, then he should check it with his tongue; and if he cannot do that, then he should consider it bad in his heart (and wish for its removal) and this is the sign of weakest in faith" (recorded in Muslim, Tirmidhi, Abu Daud and Ibn Majah). Another famous hadith says; "The best Jihad is to say what is just (or truth) in the face of a tyrant" (Abu Daud, Tirmidhi, Nisai and Ibn Majah). Still another one says; "When people see a tyrant and do not hold his hands, it is not far that Allah Taala sends a common punishment on them" (Abu Daud and Tirmidhi), thus categorically emphasizing its importance. As such, the context of al-amr bil maruf wa nahi an al-munkar entails the freedom of expression and criticism, transparency and accountability and respect for human rights and abiding by the contractual obligations in respect of all people and minorities in particular. It was because of this mission of the ummah that institutions of nasiha (advice), shura (consultation), ikhtilaf (disagreement and difference of opinion), al-amr bil maruf (commanding right and virtue), al-nahi an al-munkar (forbidding wrong and vice) and hisbah (public accountability and transparency) were established systems of the Islamic rule and continued to play their important role in various ways at all times of the

Islamic history. Operationalizing these four pillars of governance from critical examples from Islamic figures. Many critics of Islam have always pointed out that there is a clear disparity in practice of Muslim groups and individuals for condoning or ignoring acts of corruption. There is a need for us Muslim scholars to both affirm that the most effective response to all criticisms is calm, reasoned discourse and active practice of open accountability by Muslim groups and individuals as well as assure that there is an active tradition of leadership based on personal integrity and taqwa. With this we can say that there can be two ways from where we can discuss this topic. This is to assert, with all sense of self-righteousness, the truism that Islam preaches probity and accountability. A typical discourse of this sort would involve citing of passages from the Holy Quran that would equate accountability and correct leadership (Ai'immarah) with piety including citations from the life and works of the holy Prophet (SAW), anecdotes from the lives of the Khulafa al-Rashidin, the Sahaba (Companions), the Tabi'in (Successors) and great pious rulers like Umar ibn Abdul 'Azeez. This would result in a well received lecture or well reviewed article where both the speaker writer would be eloquently praised and the listener or reader would have an immense feeling of inspiration. However, if one would engage in this it would only lead to an exercise best described as the giving in to the audiences' collective egos and whims (if you forgive the term). It states the obvious, avoids the difficult and in no way contributes to the purpose of such a gathering. To say that Islam teaches and advocates good leadership and accountability, and to try to prove it to a Muslim audience, is a useless intellectual exercise. It will only serve the purpose of Tahseel al-haseel (attaining that which is already attained); for

every Muslim surely knows that not just Islam, but every world view or civilization worth its name, preaches accountability and probity. Even Godless systems do so as evidenced by the recent execution in communist China of 14 persons for acts of financial corruption. As such, we cannot say that only Islam has the moral ascendancy over the paradigm of ethics and accountability. However, one may apply a more logical, realistic, less palatable, and certainly more offensive to certain sensibilities. It is an approach which asks a historically valid question which begs eternally to be answered: why is it that despite the fact that we all know, academically or intuitively, that

corruption in all its forms is against Islamic law, it remains a pervasive feature permeating Muslim communities? A typical example is the present ruling regimes, governments and coalitions around the Muslim world that has leaders who have been in power for quite a long time already and that despite the length of service supposedly, there has been no notable changes in the life of the common man in these countries. It would be notable to say that the current Arab spring has infected the very regimes that is actually doing this and some of them actually collapsed due to both public pressure and exterior interference of foreign powers. Proof that length of governance or rule of a person or a party is not a guarantee to political stability. This would drive us to ask why do we have Muslim leaders, including those who have ruled in the recent past, not been a symbol of public service and accountability? Why has the crime of corruption, or environmental degradation not engaged the Muslim mind with the same intensity as, say, the absence of the hijab among women or the exclusion of hudud (fixed punishments) from the Penal Code? In simple terms, why is it that over a long period and spreading over a large part of the Muslim world, the teachings of Islam on probity and accountability have been one thing, the practice of

Muslim people and their leaders a completely different thing? It appears that there is a marked disparity in the way that leaders view social values. This would mean that the answer to this question is to be found necessarily in a reasoned analysis of the anatomy of corruption, specifically (1) how it came to be embedded in the body politic of the Muslim Community (ummah); (2) how the Ummah's mindset was conditioned to tolerate it; and (3) how an elaborate legal framework was set-up which, however,effectively by-passes the menace, allowing it to thrive even where an Islamic legal system is, in theory, operational. Perhaps it is about time to conduct an analytic probe into the history of public service, administration and corruption as well as see the lessons we may have learned therein. The first point is an excursion into history, specifically the fitnah, the early conflicts and the end of the Khulafa Ar-Rashidun. (the righteous Caliphs, ie, Abubakr, Umar, Uthman (RTA) and Ali (Karamallahu wajah). The second is a look into the philosophy and particularly ethics, pointing out the misapprehension of the necessary connection between metaphysical theism and our morality which, I will argue, represents some degree of impairment to our conception of Tawhid, and our full belief in the absolute unity of Allah the One as the source of our existence and values. The third is looking into Shariah law as we know it, and an examination of the limitations imposed on its scope by politics as well as the failure of scholars to rise to the responsibilities implied by the flexibility of its injunctions. Examples of Exemplary Leadership and Public Accountability of the Early Leaders of Islam The coming of Islam and the establishment of the Madinatun-Nabi (also known as the prophetic state) marked a fountain of exemplary leadership in the area of Leadership and accountability. The

spirit of Islam was truly watered with the

the Sunnah of the Prophet (SAW) was maintained

throughout the reign of three out of the four caliphs of the early period and over a substantial part of the Caliphate of Uthman. One of the shining examples set by Abubakar, Umar (RTA) and Ali (Karamallahu wajah) will not fit in the context of this paper ,but we will try to do justice by noting some of their significant accomplishments. After his election in Saqifah, the first khutbah of Abubakar (RA) set the tone for his leadership: "Now O People! I have been made your ruler though I am not the best among you. If I do what is right support me. If I do what is wrong set me right. Follow what is true for it contains faithfulness, avoid what is false for it contains treachery. The weaker among you shall in my eyes be the stronger, until, if Allah will, I have redressed his wrong; the stronger shall in my eyes be the weaker until, if Allah will, I have enforced justice upon him. Let the people not cease fighting in Allah's way lest He abase them; let not evil practices arise among the people, lest Allah bring punishment upon all of them. Obey me as I obey Allah and His messenger; if I disobey them, then do you disobey me. These are the words of a man changed neither his residence nor his mode of living when he became a ruler. He refused to take a salary until his companions forced him and even then, on his deathbed he commanded that all he had received from the treasury during his tenure should be counted up and repaid out of his property and his lands.1 Looking at the actions of the Second Caliph, Umar bin al-Khattab who said in his second sermon to his people: "O people! It is your duty, if I show certain evil qualities, to reprove me for them. You must see that I do not exact from you any tax or anything of what Allah has given you, except that which He allows. You must see that when I have control of the money nothing should be
1

Sahih Al-Bukhari 1/69;Sahih Muslim 1/306

spent improperly." This is Umar, who used to say: "The property of Allah has the same standing with me as that of an orphan; If I have no need of it, I will leave it untouched, and if I need it, I will take only what is right". Asked what his entitlement from the treasury should be, Umar replied: "Two sets of clothing, one for the summer, one for the winter. Enough to perform the Hajj and sufficient to provide me with food for myself and my household on the level of a man of Quraish who is neither over rich nor over poor. Beyond that I am an ordinary Muslim, and I share the lot of all Muslims"2. One cannot forget Ali (Karamallahu Wajhah), commander of the Faithful, who took over the caliphate at a time of great tumult, and who was grievously wronged by the dissent of some companions? Ali who used to eat barley meal, hand ground by his wife, and who used to seal the mealbag with the words "I like to know what is entering my stomach". Ali who as Amir used often to sell his sword to get money to buy food and clothing, who preferred living among the poor than stay in the capital of Kufah. 'Utba ibn 'Alqama once visited Ali and found him sitting with sour curds in front of him. Their sourness and dryness vexed 'Utba who said: "O Commander of the Faithful do you eat this stuff? "He answered, Abu Janub, Allah's Messenger used to eat it drier than this and used to wear clothes coarser than these" - and he pointed to his own clothes - "and if I do not accept what he did, then I fear I will not join him in the hereafter." The piety and asceticism of Ali are legendary.3 The leadership and governance of these three Companions were noteworthy, being both pious and steadfast. The Umayyad legacy of negative management. It would be noted that we have skipped the third Caliph, Uthman (RA), also known as Zunnurain, the son-in-law of the Prophet. Uthman, compiler of the Qur'an provider for the companions in times of need.
2 3

ibid Razi, Syed, Sharh Nahjul Balagha, Darul Iman, Beirut Lebanon

One cannot question the greatness of Uthman in Islam. The truth, and the truth be said, is that no discussion of accountability and probity in Islam and how the Muslim Ummah lost these values is complete without a discussion of the reign of Uthman and, more profoundly, the rule of his clan, the Umayyads over the Muslim world. The Caliphate was passed over to Uthman in old age and lasted for 12 years. The first six years were in keeping with the Sunnah of the Messenger and of the Shaykhayn (Abubakr and 'Umar). Then old age set in, and some of 'Uthman's greatest strengths became weaknesses - he loved his family, and in old age became hostage to them. He was generous in spirit and in old age allowed profligacy with public funds4. He held that as Imam he had the right to give public funds as gifts and allowances. When Harith ibn al-Hakam married Uthman's daughter, the latter gave hin 200,000 dirhams from the public Treasury leading to a showdown with and removal of Zaid ibn Arqam from his position as treasurer. 'Uthman gave al-Zubair 600,000 dirhams one day, and Talha 200,000 and presented his cousin Marwan b. Hakam with one-fifth of the land tax of the entire province of Ifriqiyya. The companions expostulated with him but he insisted that he had a duty to take care of his relatives and kinsmen.5 Most of the latter day actions of Uthman were carried out under the influence of his family, the Bamu Umayya. Abu Sufyan, the prophet's arch-enemy who refused to join Islam until the defeat of his forces in Makkah, and who even after joining Islam had nothing but contempt for Islamic values, especially the high esteem in which early Companions who he considered "slaves" like Bilal, Salman and Suhaib were held, was still alive. Like a mother-hen, he gathered his flock around him. He guided his son, Muawiya, his nephews Uthman and Marwan bin Hakam, and other Umayyads like al-Hakam bin al-As [who had been expelled by the prophet but rehabilitated by Uthman], Abdullah ibn Sa'd ibn
4 5

Musawi, Abdul-Husayn Sharaffuddin, Al-Murajaat, Darul Liban, Beirut, Lebanon 1355 AH/1936 CE As-Samawi, Muhammad Al-Tijani, Inna Maasadiqin, Darul Liban Beirut Lebanon,1975

Abi Sarh, and so on. Marwan had unlimited control of the treasury, he dispensed gifts as he wished, supported oppressive Umayyad governors and ruthlessly destroyed dissenting voices.6 Abu Zarr (RTA), the prophet's companion was exiled for his strident criticism of the prodigality of the Umayyads. At the end of the day, the excesses of Uthman's appointees led to the fitnah in which he was sadly killed. The seeds of corruption had been sown. What was ironic in this period that

became the trend for those who criticized abuse and holding these leaders accountable was either exile or assassination. This was the beginning of the fitnah (trials) that tested the Muslim leaders over accountability. 'Ali (Karamallahu Wajah) took over the Khilafah at a point when the Umayyads had been strengthened. They had control of armies and had amassed substantial wealth. Under the pretext of fighting for the blood of Uthman the Umayyads waged a war against the seat of Islamic power, the caliphate, but no sooner had Ali died than did it become apparent that all they wanted was power. Muawiya appointed himself the "first of the Muslim Arab Kings", forced everyone to accept him and his conversion of the Khilafa into a hereditary monarchy with his son, Yazid as his successor. Muawiya fought Ali with the aid of the Kalbi Arab tribes and the old Syrian aristocracy and set up a new political economy which Nazih Ayubi describes as a "lineage/Iqta'i symbiosis". The Umayyads became feudal lords; their Jahili pride in Arab supremacy became once more ascendant and non-Arabs were gradually marginalized. All restrictions on the public treasury were removed and it became a legitimate source of public plunder for the kings, their courtiers and their sycophants.7 This was the system that lasted over one hundred years with the one exception of the Umayyad Caliph 'umar ibn Abdul-Aziz. So we see how in the formative period of Islam a corrupt aristocracy without regard for accountability and probity ruled the Ummah.
6 7

ibid Ibid

It is inevitable that the long reign of the Umayyads set the tone for how subsequent Muslim leaders would see themselves. The attitude continued throughout Islam's long history. Even today, in the oil-rich sheikhdoms of the Muslim world, the Royal families are not accountable to the people in their management of the Treasury, to mince words, not exactly a paragon of accountability and probity.8 All of this has been made possible by an intellectual superstructure, a moral philosophy that encourages acquiescence to the rule of corrupt and despotic rulers. Although the Umayyads themselves were beneficiaries of a rebellion against Ali, it soon became standard Sunni doctrine that rebellion against unjust and corrupt rulers was un-Islamic. In what follows I examine the nature of this

philosophy, and then proceed to the legal superstructure to which it gave rise [in the name of the Shariah before concluding.

Evolving Moral Ethics as Philosophy for Public Service and Accountability A system can not survive for a long time without conditioning the mind-set of the populace. The early Muslim monarchies, despite everything said above, played major roles in prosecuting Jihads and expanding the frontiers of the empire, providing the young faith with the political and military protection required for its survival. Eventually as a process, people came to accept bribery and corruption as an acceptable feature of political leadership.9 This accommodation was attained partly by the genuine conviction that the benefits of political stability outweighed the costs of corruption; partly through the ruthless suppression of political dissent
8 9

Speech of Usama Bn Laden, released August 21, 2003 This became the rallying point of findamentalists that Muslim leaders have become corrupt and has lost taste for following Islamic Law and thus managed to get people into fundamentalism, thus causing more harm than benefit

and denial of fundamental Human rights and freedoms10; but also largely through an elaborate philosophical framework, principally within Sunni Islam, which makes it an Islamic duty to "listen and obey" corrupt despots so long as they pray. The question of ethics in public policy is a fundamental philosophical question, which is relevant to all states and societies. Islamic philosophy in all its dimensions ultimately goes back to the principle of Tawhid (Monotheism). Allah is the source of all knowledge, all guidance, all existence and all morality. A truly Islamic epistemology, ethic, ideology or science must therefore find its locus within the Divine Reality, and fit into the essential unity of Allah, the One. It seems to me that somewhere along the line, Islamic ethics in the area of public policy lost its essential contact with divine reality. The ulama, deliberately or by accident, gave prominence to certain hadiths which were interpreted in a manner that made it incumbent on people to and accept leaders who were lacking in ethics of leadership and accountability. This was the partially the experience of Sunni Islam in a lot of the states that their leaders were elected or taken hold of positions. Due to circumstances of history, a different trend occurs among the Shiites, due to a history of being oppressed by the ruling class and a history of martyrdom among its leaders the principle of 'Adliyah, (justice) like the Imamah, (leadership) is one of the Pillars of Islam according to Shii thought. 11 Most of the philosophical discourse around Adl roots it squarely in the principle of Tawhid. Allah is a just Lord, who loves truth and honesty. It is therefore, inconceivable that anyone who believes in Allah can perpetrate or tolerate injustice.12
10 11 12

Speech of Usama Bn Laden, released August 21, 2003 Nasr, Seyyed Hossein, Shi'a, Ansariyyan Publications, 1998, Qum, IRAN ibid

It is in a similar vein that other sects like the Kharijites resisted the attempt by early Muslims to exclude certain groups from leadership on account of clan, tribe, race or even gender. It was considered inconsistent with Divine Justice as expressed clearly in the Qur'an.13 Bringing us to the question of ethics which is a recurring debate in philosophy. According to Iris Murdoch, a British moral philosopher, who believed in the metaphysical foundation of morality. She argues convincingly for the existence of a metaphysical reality, the good, which we perceive by our very perception of the imperfection of our world. Yet having laid the foundation for a metaphysical ethics, Murdoch says the Good is not God - she accepts the existence of this transcendental reality but denies the reality a will and an effect. To the best of my understanding, this is the point of departure between Iris Murdoch and moral philosophers among Christian theologians. The debate in our own moral philosophy is similar. Our scholars (by which is implied Sunni scholars and theologians) have never gone to the extent of denying Allah's role in our lives. What they have done, in the context of the ethics of public officers is to build a shield between our morality and its source, the divine presence14. Our metaphysics is not in substance Murdochian, yet it effectively lands us in the same muddles as Iris Murdoch. A Muslim who believes in Allah, the All-seeing (Al-Basir), does not lock himself in a room and turnout the light believing he can commit injustices and be impartial to his constituents and escape. The same with one who believes in Al-Sami' (the All-Hearing). He does not speak things in private, which are prohibited by Allah. In exactly the same way, a Muslim who believes in Allah the Just (Al-'Adl) cannot stand injustice. Corruption, nepotism and abuse of office are manifestations of injustice.15
13 14 15

Razi, Syed, Sharh Nahjul Balagha, Darul Iman, Beirut Lebanon ibid Letter of Imam Ali to Malik Ashtar upon deputizing his as Governor of Egypt, Razi, Syed, Sharh Nahjul Balagha, Darul Iman, Beirut Lebanon

Corruption in the Muslim psyche has been facilitated by the severance of the organic link between our moral philosophy and its metaphysical roots in the divine reality. A proper apprehension of Allah, His Beautiful names (al-asma' al-husna) and His Exalted Attributes (as-sifat al-'ula) must necessarily transform our ethics such that we not only seek to imbibe or emulate the moral good, we actually are moved, compelled, to seek its enthronement. As a result, the greatest tragedy in Sunni thought is its hatred of philosophy and philosophers and its enthronement of the legalistic rulings of jurists over all facets of our life. The priorities and constraints of the environment in which the jurists lived often conditioned these rulings. The continued refusal of this Ummah to break away from the constriction of taqlid ("blind copying") and the closing of the door to ijtihad (critical thinking)16 will only lead to a perpetuation of the social structures, priorities and value-systems of the environments in which the rulings were made. Even the authenticity of hadiths and the validity of their interpretation must be established after accounting for the impact of the environment on the narrators and interpreters. Most fundamentally, the principles of Tawhid, an apprehension the Allah's Asma' (Names) and Sifat (Attributes), must continue to be the inspiration for our moral, political and other philosophies. We will now briefly touch on the Shariah and how the ascendant philosophical outlook has restricted its scope. The Shariah and Public Sector Corruption. In the time of the Prophet (SAW) the government was not a major economic force. The role of the Prophet (SAW) was largely that of a guide, a judge and a military commander. The government treasury received zakat and fai' for distribution but the major revenue flows and expenditures on social welfare, defense and the bureaucracy that later came to typify the state were
16

Ijtihad is the process of using analytical tools to be able to arrive at a conclusion. This tool is used both in the fields of jurisprudence (fiqh) and other ciritical fields of Islamic studies.

virtually non-existent-- it is natural that the crime of public sector corruption should not be a major feature of such a society not just because of the limited finance of the state but also, and more fundamentally, because of the quality of persons managing these funds and the presence of the Prophet of Allah among them. Thus, although the Qur'an did come up with verses which showed the prohibition of corruption, its occurrence was rare and its punishment deterrence was therefore not the pre-occupation of the Shariah at that stage. We find a greater focus on offenses like theft, adultery, intoxication, and slander . These are crimes of a largely personal in nature, which was a reflection of the limited nature of public sector crimes. With the passage of time and the conquest of the early Islamic state, the coffers of the government were filled with treasures managed by human beings whose fear of Allah was decreasing by the day. Corruption became a cancer in public life, as we have shown. The Umayyads established a hereditary kingship, nepotism, and the appropriation of booty and property and profits. Muawiya himself made it clear in his sermon in Kufa and Madinah that he had fought for power and would reap the benefits from it. The early Muslims did fight against this Umayyad mindset. There was the great rebellion against 'Uthman. Then there was the rebellion of the Hijaz against Yazid ibn Muawiya. There was the Qarmatian revolt. All of these and many more were directed against exploitation, arbitrary power, class distinction, and other features of a system without accountability and probity. The striking thing about all of this is that the fight against corruption was always waged by those outside the establishment. 17
17

Tabatabaie, Allamah Husain, Islamic Teachings in Brief, WOFIS, 1985, Tehran Iran

Throughout the reign of the Umayyads, Abbasids, Fatimids etc, the Muslim world was governed by the Shariah, and by the system of civil and criminal law recognized as distinctive of Muslim societies. Zakat was collected, the hands of thieves were cut off, and the courts continued to administer capital punishment for murder, apostasy, and rebellion. Yet those who supervised the implementation of Shariah were themselves corrupt - and, seemingly, above the law. This is the question that I hope to address. We would like to contextualize that this form of corruption has not only existed only in our forebears, but also is prevalent in different parts of the Muslim world and even here in the Philippines, particularly in the Autonomous Region of Muslim Mindanao (ARMM) areas. A government can claim to be implementing Shariah, cut off the hands of a thief who steals a cow or money, force women to dress in a particular way, collect zakat for distribution and the likes, without coming out with strong sanction for corruption in public office. This has been the problem of the Taliban, although it had insisted that it was engaging in the implementation of Islamic law, it is however was one of the biggest traffickers of illegal drugs and narcotics, having the largest opium poppy fields in the world. This has led some people to the false impression that the Shariah is a law designed to punish the poor while allowing leaders to go scot-free. Nothing can be further from the truth. We would like to impress that what is described above is inconsistent with Shariah, but its interpretation by society at different points in time in a manner consistent with the dominant world view of the leaders and ulama in that society. It is not the eternal law revealed by Allah but its interpretation and crystallization in time and space.

It is perhaps fair to say that the rudimentary nature of political structures in the Muslim world, the absence of effective checks and balances, and the low political consciousness of civil society have contributed to this state of affairs. It is however, equally important to recognize fundamental flaws in our understanding of Islamic law. Criminal or Civil Law in Islam divides offenses, from the perspective of sanction, into three categories. Hadd offenses (jara'im al-hudud) are those which attract a fixed and non-negotiable punishment once established. These include adultery & fornication, apostasy, drinking, rebellion, slander, and highway robbery. Qisas and Diyah offences (jara'im al - qisas wad-diyah) are those which are retributive in nature, but which can be substituted by some payment in kind as restitution, or forgiven by the injured party or his heirs18. These include murder, manslaughter, and bodily harm. A third category, Ta'zeer offenses (jara'im at-ta'azeer) refers to everything that is prohibited in the Qur'an or Sunnah but for which a punishment is not prescribed under Hadd or Qisas and Diyah. Understanding this point is critical to understanding Islamic civil and criminal law. There has been a lot of polemic over the limits of punishment for ta'azeer offenses. Abdul Rahman 'Audah has a detailed discussion of these including justification for including offenses not specified in the Qur'an and Sunnah but which affect "general interest" of society, in his classic work on Islamic criminal law (at-tashri' al-jina'I al-Islami).19 What interests us here is that for all offenses defined as Ta'azir offenses the Shariah provides a range of sanctions. These are: a] threat of punishment, b] whipping or caning

18 19

Baqr As-Sadr, Muhammad, Introduction to Fiqh, Darul Imaan, 1975, Beirut Lebanon

c] humiliation, d] detention or jailing, e] crucifixion or execution, and f] exile. These offenses have been extracted by scholars from the Qur'an, Sunnah and Ijma'. Now we know that the Qur'an prohibits many things without specifying the punishment for the offenders. For example, we know that bribery is an offence, that nepotism, in the sense of appointing an incompetent person to office, is an offense, that consuming wealth of orphans is an offense, that spreading fasad (evil) and fahisha (obscenity) among the Ummah are offenses. If the Hakim at a point in time chooses not to punish an offense severely (and we have said his options are as severe as the death sentence) it is not because the Shariah does not provide for it but because either the judge or the government does not consider it a problem. As we live in an environment in which these offenses bother all of us, (corruption, religious intolerance, destruction of places of worship, mediocrity in the name of quota system, tribalism, and ethnic genocide etc.) we must remember that Sharia explicitly prohibits each of them and also allows the state to punish with a range of punishments including jailing and death. The choice however reflects our own values, not of the Shariah. That corruption has for so long remained unpunished is a reflection of the underlying moral philosophy, which has come to permeate our collective consciousness, deadening the sense of outrage and revulsion against this heinous and cancerous crime. Reflection: The Quran calls for fair, open, and ethical behavior in all dealings and transactions. As one

example, Verse 2:282 requires that financial transactions be made through witnessed, written contracts. Numerous other verses exhort believers to fulfill their contracts faithfully and testify honestly (see, e.g., Verses 4:135, 5: 89. or 5:108). Honesty, accountability, reliable bookkeeping, and dependability should be the hallmarks of Muslim organizations. Nonetheless, as the Qur'an asserts, the lapses of others do not offer any excuse for lapses on our own part (see, for instance, Verse 5:8 which teaches Muslims that hatred or prejudice are never a reason to swerve from justice). The standards of accountability and transparency laid out in the Quran are the standards we should aim for, whether or not we receive approbation from the greater community, and whether or not they have different standards for Muslim versus non-Muslim organizations. Calm response to any criticism, whether or not that criticism is fair, is consistent with Quranic exhortations to gentle discourse, rational debate, and the Islamic tradition of courtesy (see, for instance, 6:125). Not only does rational discourse fulfill Quranic ideals, but it presents the community in a favorable light, and illuminates the hostility behind ill-motivated attacks. These principles go far beyond organizational proprieties. They extend to our ability to address larger issues. Yes, the crisis in Darfur has roots in neocolonialism and global warming; yes, female genital mutilation and so-called honor killings are cultural practices and not really Islamic. We must understand that whatever the cause or scope of the problems in the community of believers, we must be responsible and accountable if we are ever to solve them. Simply put, a problem involving Muslims, whether or not it is an Islamic issue, is a Muslim problem. It is never enough to neglect our internal housekeeping by making excuses or blaming others. We have a duty as Muslims to improve ourselves and our world. From the smallest problem to the most complex, we can only find solutions by being open and responsible.

We have attempted to cover in this paper the origin and nature of corruption in the public affairs of the Muslim Ummah, the philosophy which has nourished it and the legal superstructure which, elaborate as it is, has been seemingly designed by lawmakers to side-step it. We would like to emphasized that we have not yet exhausted all the issues relevant to this topic. It is hoped that this paper has given us all food for thought and contributed to our outstanding of Islamic history, philosophy and law.

Approaching ethical leadership through rights based approach. Much is written by the ethical fitness of the Prophet (SAW) of Islam as well as the state of governance during his lifetime. As such, it would be worth noting what foundational sources did the Prophet (SAW) adhere to during his rule as well as other foundational sources after his demise. There are two exemplary sources that can be examined, first is the Charter (constitution) of Madina during the lifetime of the Prophet, second is the Risalatul Huquuq (treatise on rights) written by the great grandson of the Prophet (SAW), Imam Zainul Abideen Ali ibnul Hussain. However, for the sake of brevity and the need to look at it more in the context of ethical leadership through rights based approach we will first deal with Risalatul Huqooq (treatise of rights) before proceeding to the Constitution of Madina . Imam Zainul Abideen was both a mystic (urafa) as well as a jurist who manages to teach the many aspects of Islam at a time when state repression was strong enough to disempower many good Muslim leaders and even oppress the rights of Many Muslims. Shortly after the tragedy of Karbala where his father Sayyiduna Hussein ibn Ali was massacred with his other brothers and relatives, there was hardly any other mechanism by which the principles of ethical leadership, accountability and transparency could be shared with the Muslims of that time and period.

Imam Sajjad then came out with two major documents, the first being the SahifatusShajadiyyah, a compilation of supplications wherein to fortify Muslims from the weaknesses of their faith, and the second was this monumental treatise on Jurisprudence which answers many of the fundamental issues on transactional and governmental processes that a leader must be aware of. The risalatul huqooq treats mans rights and responsibilities from two aspects: (1) worship wherein it puts primal consideration of the rights of God and the rights of every part of ones body, self, and other people. (2) transactional aspect, wherein social relations and the rights that others have upon you must not only satisfied but also met with proper addressing. It is composed of 50 lines that deals with Allah, self, blood relations, acquaintanceships, those who are are obligated to serve (as Allah's deputies on earth) and the emphasis on rights over privileges. Only then can a person be considered ethically following the teachings of Islam once one has followed and considered these rights which are known as Huqooq Allah (rights of Allah) and Huqooq Insan (rights of man and society). It is said by many Muslims that the Quran is the constitution of Muslims, but little to they know that the prophet Muhammad (SAW) drafted a foundational document which served as a binding agreement and charter for the citizens of Yathreeb, which was known as doostoor madeena or Charter of Madina. Globalization today has made cultures more proximate to each other and interaction more frequent, these exchanges of information and cultures makes conflict more broader and more frequent on both a local and a global rate. Conflicts occur in modern day times due to the wide disparity in cultural, religious or philosophical backgrounds. There are even times that these differences are used by third parties to

ignite conflicts or justify using acts of violence. In the light of all these, conflict resolution must be broadened in the sense that it encompasses faith traditions and cultures and go beyond traditional communities in an over-arching manner to accommodate all these diversity among communities. Conflict, can be defined in the words of social scientists as an expressed struggle between at least two interdependent parties who perceive incompatible goals, scarce resources, and interference from others in achieving their goals.20 Often, conflicts turn out to be too difficult for the actual parties to resolve through negotiation or informal formats without the aid of an independent, neutral third party, resulting in a stalemate in which participants remain angry and engage in destructive tactics. Unless subjected to a a process of amicable settlement, this would normally result to increased tensions eventually leading to violence and more violence. This is where mediation is required. Mediation is defined as the process by which the

participants, together with the assistance of a neutral person, systematically isolate disputed issues in order to develop options, consider alternatives, and reach a consensual settlement that will accommodate their needs, is a universal phenomenon of communities, but must be provided in a way that is consistent with the beliefs and traditions of the participants 21. The purpose of mediation is to help the participants move beyond the specific content of a dispute, but it cannot do so if the settlement is not in accordance with the commonly accepted notions of justice and behavior in the community. Several precedents for the practice of mediation have been set within Islamic institutions. Where no law in the Qur'an existed, Prophet Muhammad (SAW), using his own reasoning and guided by inspiration, dealt with many issues at his own discretion. These teachings and actions of Prophet Muhammad (SAW) are the second source of knowledge called Sunnah and Hadith. If the Qur'an,
20 21

Wilmot, W. W., & J. L. Hocker. 2001. Interpersonal Conflict, Sixth Edition. New York: McGraw-Hill. Folberg, J., & A. Taylor. 1984. Mediation: A Comprehensive Guide to Resolving Conflicts Without Litigation. San Francisco: Jossey-Bass Publishers.

Sunnah, and Hadith are tacit on a certain issue, then qualified individuals are allowed to use their own reason to resolve issues. This is the principle of ijtihad. A second principle in Islam that supports the practice of mediation is istislah, which is concerned with decisions that are in the best interest of the community. Istislah is used when the rules of logic would suggest one solution but another appears better in the interest of the people whose welfare is an overriding consideration.22 A final consideration of Islam that supports mediation is consensus, which enables groups of individuals to search for the solution to a problem if one is unavailable in the Quran, Sunnah, and Hadith. When consensus can be reached, it is particularly powerful in setting a precedent on issues. The Constitution of Madina, also known as the Medina Charter, prepared as the basis of madinatun nabawi (the city of the prophet) the Medina city-state established by Prophet Muhammad (SAW), was the first written constitution in Islam and arguably the first instance of constitutional law in society. The charter was a document that established governing rules for the people of Yathrib (later known as Medina, which means city in Arabic) and addressed specific social issues of the community in an attempt to end the chaos and conflict that had been plaguing the region for generations. Before Prophet Muhammads (SAW) arrival from Mecca, from where he had fled religious persecution, Yathrib had a population of 10,000 organized into approximately 22 tribes. Half the population was Jewish and half was Arab. Regardless of religion, tribes sought power through military dominance over other tribes, with numerous alliances forged between warring tribes greatly contributing to the aggression. Constant warfare was taking a toll on the tribes. Whereas some sought external military assistance for the
22

Hamidullah, M. 1975. The First Written Constitution in the World: An Important Document of the Time of the Holy Prophet. Lahore, Pakistan: Ashraf Printing Press.

conflicts, many were making preparations for the enthronement of a leader from one of the tribes. However, it was unclear whether each tribe would acquiesce to the leadership of a single leader from one of the tribes. It was also uncertain, according to Hamidullah23, whether such a leader would be able to establish a political organization, create a military defense for the city, reconcile tribal hostilities, and define local rights and obligations as well as address the issues of the growing immigrant refugee population from Mecca. Within months after the arrival of Prophet Muhammad (SAW) he had decided to confront the situation in Yathrib and act as a third-party mediator to resolve the conflicts among the tribes. Prior to the Prophet's hijrah to Yathrib the Ansars led by Bara ibn Azib had sent a delegation to the Prophet (SAW) and had asked him who in his moral ascendancy to mediate and be the voice that the Aws and the Kazraj tribe which comprised the Ansars will listen to. In response to this, the Prophet in a famous narration from Bukhari, asks the Ansars to make an oath that there shall be nothing dearer to them than Allah and the Prophet (SAW) and in return the Prophet (SAW) shall act as their guardian, leader, and mediator in all affairs, to this the Aws and Khazraj conceded. This pushed forward for the hijrah of Muslims to Yathrib in the establishment of a state that was the primal manifestation of the city of the Prophet (SAW). As such this led to the eventual settlement of conflicts between the two tribes. This was possible since the Prophet (SAW) was able to exert influence and social pressure to persuade both parties (in this case the Aws and the Khazraj) to accept settlement, which is primarily due to his unique position in kinship networks since the Prophet's mother (Aminah's kin) were from Yathrib and thus also wielded as a result some level of political power, notwithstanding his religious and moral ascendancy and inarguably past successes at mediation during the time prior to his declaration as a Prophet (SAW).
23

Hamidullah, M. 1993. The Emergence of Islam: Lectures on the Development of Islamic World-view, Intellectual Tradition, and Polity. Islamabad, Pakistan: Islamic Research Institute

There are several reasons suggested by Hamidullah24 and others as to why the tribes in Yathrib ultimately accepted Prophet Muhammads influence. First, there was a leadership void already present in the area, allowing Muhammad a chance to fill that role. Second, it was common practice of Arabs at that time to refer their conflict to foreigners. Prophet Muhammad had a reputation in the region for being an able mediator, by helping to resolve conflicts in Mecca. For instance, he was chosen by various tribes in Mecca to place the holy corner stone of the Kaaba resolving a bitter dispute among them. He was also trusted with money and valuables by the polytheist Meccans even during his persecution during the Meccan period. He was given the title Al-Ameen or The Trustworthy by the residents of the Mecca. Third, the absence of alliances and alignments along religious lines prior to Muhammads arrival allowed him to use religious sanctions in order to exert influence with tribal leaders. Finally, while drafting the constitution, Prophet Muhammad consulted the leaders of each tribe while negotiating and drafting the Charter, thereby demonstrating his willingness to listen to the needs of all tribes. Once the tribal chiefs accepted the governance of the Charter, it was assumed that younger members of the tribes would follow their leaders, regardless of religion. It was thus both the foundational legal and spiritual document that all the citizens of Yathrib (now declared as Madinatul Nabi) This Charter, which was the first political and legal statement of the area as a city-state, outlined the rights and duties of its citizens, provided collective protections for all citizens of Medina, including both Muslims and non-Muslims, and provided the first means of seeking justice through law and community instead of tribal military actions. In his article A Short Note on the Medina Charter, Kassim Ahmad asserted that the Medina Constitution established a plural society that granted equal rights and duties to the citizens of the city-state coming from different social and religious groups .
24

ibid

Time and time again this document proves that the universal principles of participatory democracy (shoora), inclusivity and pluralism has been part and parcel of the Islamic legal tradition and that even the Prophet (saw) of Islam had actively acknowledged the necessity and importance of non-Muslims in an Islamic state that he personally governed and have integrated them into mainstream Islamic society. As a last glance allow us to look at the document through the eyes of Dr. Tahirul Qadri in his book Constitutional Analysis of the Constitution of Madina which dissects the charter into several sections and was able to categorize them. We shall show a summary of that analysis as follows: Article 1. Constitutional Document This is a constitutional document given by Muhammad (Peace be upon them), the prophet, (Messenger of God). Article 2. Constitutional Subjects of the State (This shall be a pact) between the Muslims of Quraysh, the people of Yathrib (the Citizens of Madina) and those who shall follow them and become attached to them (politically) and fight along with them. (All these communities shall be the constitutional subjects of the state.) Article 3. Formation of the Constitutional Nationality The aforementioned communities shall formulate a Constitutional Unity as distinct from (other) people. Article 4. Validation and Enforcement of the former tribal laws of blood money for the emigrant Quraysh The emigrants from Quraysh shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principals of law and justice.

Article 5. Validation of the former laws of blood money for Banu Auf ...And the emigrants from Banu Auf shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice. Article 6. Validation of the former laws of blood money for Banu Harith ...And the emigrants from Banu Harith shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice. Article 7. Validation of the former laws of blood money for Banu Saida ...And the emigrants from Banu Saida shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice. Article 8. Validation of the former laws of blood money for Banu Jusham ...And the emigrants from Banu Jusham shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice. Article 9. Validation of the former laws of blood money for Banu Najjar ...And the emigrants from Banu Najjar shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among

the believers shall be in accordance with the recognized principles of law and justice. Article 10 Validation of the former laws of blood money for Banu Amr ...And the emigrants from Banu Amr shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice. Article 11. Validation of the former laws of blood money for Banu Nabeet ...And the emigrants from Banu Nabeet shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice. Article 12 Validation of the former laws of blood money for Banu Aws ...And the emigrants from Banu Aws shall be responsible for their ward and they shall, according to their former approved practice, jointly pay the blood money in mutual collaboration and every group shall secure the release of their prisoners by paying the ransom. Moreover, the deal among the believers shall be in accordance with the recognized principles of law and justice. Article 13. Indiscriminate rule of law and justice for all the communities ...And every group shall secure the release of its captives ensuring that an indiscriminate rule of law and justice is applied among the believers. Article 14. Prohibition of relaxation in execution of law The believers shall not leave a debtor among them, but shall help him in paying his ransom, according to what shall be considered fair. Article 15. Prohibition of Unjust Favoritism A believer shall not form an alliance with the associate of (another) believer without the

(latters) consent. Article 16. Collective resistances against injustice, tyranny and mischief There shall be collective resistance by the believers against any individual who rises in rebellion, attempts to acquire anything by force, violates any pledge or attempts to spread mischief amongst the believers. Such collective resistance against the perpetrator shall occur even if he is the son of anyone of them. Article 17. Prohibition of killing of a Muslim by a Muslim A believer shall not kill (another) believer (in retaliation) for an unbeliever, nor help an unbeliever against a believer. Article 18. Guarantee of equal right of life protection for all the Muslims The security of God (granted under this constitution) is one. This protection can be granted even by the humblest of the believers (that would be equally binding for all). Article 19. Distinctive identity of the Muslims against other constitutional communities The believers shall be the associates of one another against all other people (of the world). Article 20 Non-Muslim minorities (Jews) have the same right of life protection (like Muslims) A Jew, who obeys us (the state) shall enjoys the same right of life protection( as the believers do), so long as they (the believers) are not wronged by him. (the Jews), and he does not help (others) against them. Article 21. Guarantee of peace and security for all the Muslims bases on equality and justice ...And verily the peace granted by the believers shall be one. If there is any war in the way of Allah, no believers shall make any treaty of peace (with the enemy) apart from other believers, unless that is based on equality and fairness among all. Article 22. Law of relief for war allies Every war ally of ours shall receive relief turns (at riding) at all military duties.

Article 23. Law of vengeance for the Muslims in case bloodshed in the way of Allah The believers shall execute vengeance for one another for the bloodshed in the way of Allah.

Article 24. Islam is the best code of life All the God-fearing believers are under the best and most correct guidance of Islam. Article 25. Prohibition of providing security of life and property to the enemy No idolater (or any nonbeliever among the clans of Madina) shall give protection for property and life to (any of the) Quraysh (because of their being hostile to the state of Madina) nor shall intervene on his behalf against any believer. Article 26. Execution of the law of retaliation for a Muslim murder When anyone intentionally kills a believer, the evidence being clear he shall be killed in retaliation, unless the heirs of the victim are satisfied with the blood money. All the believers shall solidly stand against the murderer and nothing will be lawful for them except opposing him. Article 27. No protection or concession for the doer of mischief and subversion against the constitution A believer who believes in God and in the Hereafter and agrees to the contents of this document shall not provide any protection or concession to those who engage in mischief and subversion against this constitution. Those who do so shall face the curse and wrath of God on the Day of Resurrection. Furthermore, nothing shall be accepted from them as a compensation or restitution (in the life hereafter). Article 28 The final and absolute authority in the disputes vests in Almighty Allah and Prophet Muhammad (SAW) When anyone among you differs about anything, the dispute shall be referred to Almighty Allah and to the Prophet Muhammad (Peace be upon them) (as all final and absolute authority is vested in

them). Article 29 Proportionate liability of non-Muslim citizens (the Jews) in bearing the war expenses The Jews (non-Muslim minorities) will be subjected to a proportionate liability of the war expenses along with the believers so long as they (the Jews) continue to fight in conjunction with them. Article 30 Guarantee of freedom of religion for both the Muslims and non-Muslim minorities (the Jews) The Jews of Banu Awf (non-Muslim minorities) shall be considered a community along with the believers. They shall be guaranteed the right of religious freedom along with the Muslims. The right shall be conferred on their associates as well as themselves except those who are guilty of oppression or the violators of treaties. They will bring evil only on themselves and their family. Article 31. Equality of rights for the Jews of Banu Najjar with the Jews of Banu Awf The Jews of Banu Najjar shall enjoy the same rights as granted to the Jews of Banu Awf. Article 32. Equality of rights for the Jews of Banu Harith with the Jews of Banu Awf The Jews of Banu Harith shall enjoy the same rights as granted to the Jews of Banu Awf. Article 33. Equality of rights for the Jews of Banu Sa'ida with the Jews of Banu Awf The Jews of Banu Sa'ida shall enjoy the same rights as granted to the Jews of Banu Awf. Article 34. Equality of rights for the Jews of Banu Jusham with the Jews of Banu Awf The Jews of Banu Jusham shall enjoy the same rights as granted to the Jews of Banu Awf. Article 35. Equality of rights for the Jews of Banu Aws with the Jews of Banu Awf The Jews of Banu Aws shall enjoy the same rights as granted to the Jews of Banu Awf. Article 36. Equality of rights for the Jews of Banu Tha'laba with the Jews of Banu Awf The Jews of Banu Tha'laba shall enjoy the same rights as granted to the Jews of Banu Awf except who are guilty of oppression or violate treaties, they will bring evil only on themselves and their family.

Article 37. Equality of rights for Jafna, the branch of Banu Tha'laba, with the Jews of Banu Awf Jafna, a branch of Banu Thalaba, shall enjoy the same rights as granted to Banu Tha'laba. Article 38. Equality of rights for the Jews of Banu Shutayba with the Jews of Banu Awf The Jews of Banu Shutayba shall enjoy the same rights as granted to the Jews of Banu Awf. There shall be complete compliance (with this constitution) and no violation (of its clauses). Article 39. Equality of rights for all the associates of the tribe Tha'laba All the associates of Banu Tha'laba shall enjoy the same rights as granted to Banu Thalaba. Article 40. Equality of rights for all branches of the Jews All sub-branches of the Jews shall enjoy the same rights as granted to them (the Jews). Article 41. Final command and authority in military expeditions vests in the prophet Muhammad (SAW) Verily, none among the allies shall advance (on a military expedition) without the prior permission of the Prophet Muhammad (Peace be upon them) (in whom vests the final command and authority). Article 42. No exception from the law of retaliation There shall be no impediment on anyone who wished to avenge a wound. Article 43. Responsibility of Unlawful Killing Whoever commits an unlawful killing shall be responsible for it himself with his family members but he is exempted in case he kills a cruel. Verily, Allah (is the Trust Helper) support those who adhere completely to this constitution. Article 44. Separate liability of war expenses The Jews and the Muslims shall bear their own war expenses separately. Article 45. Compulsory mutual help to one another in case of war There shall be mutual help between one another against those engage in war with the allies of

this document. Article 46. Mutual consultation and honorable dealing There shall be mutual consultation and honourable dealing between the allies and there shall be the fulfillment not the violation, of all pledges. Article 47. Law of prohibition of treachery and help of the oppressed No one shall violate the pledge due to his ally and verily; help shall be given to the oppressed. Article 48. The Jews (non-Muslim minorities) shall also extend financial support to the state during the war period The Jews (non-Muslims minorities) along with the believers shall extend financial support to the state during the war period. Article 49. Prohibition of Fighting and bloodshed among the various communities of the state The valley of Yathrib is sacred and there shall be prohibition of fighting and bloodshed among the various communities of the state. Article 50. Equal right of life protection shall be granted to everyone, who has been given the constitutional shelter A person given constitutional shelter shall be granted an equal right of life protection as long as he commits no harm and does not act treacherously. Article 51. Law of shelter for the women A woman shall not be given any shelter without the consent of her family. Article 52. Authority of Allah and the prophet Muhammad (Peace be upon them) ...shall be final and absolute authority in all disputes instigating any quarrel ...And verily if any dispute arises among the parties to this document from which any quarrel may be feared, it shall be referred to God and to Muhammad (Peace be upon them), the Messenger of God, for the final and absolute decision. Verily, God is the Guarantee for the faithful observance of the contents

of this constitution (which shall be enforced by the state). Article 53. No refuge for the enemies of the state nor for their allies There shall be no refuge for the Quraysh (the enemies of the state) nor for their allies. Article 54. Joint responsibility of defence in case of an attack on the state The Muslims and the Jews shall be jointly responsible to defend (the state of) Madina against any outside attack. Article 55. Incumbency of observance of the treaty of peace for every ally It shall be incumbent upon the Jews to observe and adhere to any peace treaty they are invited to participate in. Likewise, it shall also be incumbent upon the Muslims to observe and adhere to any peace treaty, they are invited to. Article 56. No treaty shall suspend or negate the responsibility of the protection of Deen (Likewise, it shall be incumbent upon the Muslims also to observe and adhere to any peace treaty that they are invited to), but no treaty will restrain them from fighting for the protection of their Deen. Article 57. Every party to treaty shall be responsible for the defense of its facing direction. Every party to the treaty shall be responsible for the measures and arrangements of the defense of its facing direction. Article 58. The basic constituent members of this document and their associates shall possess the equal constitutional status The Jews of Aws (one of the basic constituent members of this document) and their allies shall posses the same constitutional status as the other parties to this document, with a condition that they should thoroughly sincere and honest in their dealing with the parties. Article 59. No party shall have any right of violation of the constitution No party shall have the right to violate the constitution. Every person who is guilty of a crime

shall be held responsible for his act alone. Article 60. Favor of Almighty Allah will be subject to the observance of the constitution Verily, God is the Guarantee for the faithful observance of the contents of this constitution (which shall be enforced by the state). Article 61. No traitor or oppressor shall have the right of protection under this document Verily, this constitutional document shall not protect any traitor or oppressor. Article 62. All peaceful citizens would be in a safe and secure protection Verily, whoever goes out (on a military expedition) shall be provided with security and whoever stays in Madina shall have (likewise), except those who commit oppression and violate the contents of this constitution. Article 63 Allah and his Prophet Muhammad (Peace be upon them) are the protectors of the peaceful citizens of Madina who abide by the constitution Verily, Allah and the Prophet Muhammad (Peace be upon them), the Messenger of God, are the protectors of good citizens and of those who fear from Allah.

Postcript: If this paper may have sounded too critical of some aspects of Muslim thought, please accept this clarification: the writer has implicit respect and love for generations gone by. However, no one is perfect and it is only by learning from mistakes of the past and questioning "received wisdom" that change is possible. "Allah does not change what is with a people unless they change themselves." It should be self-evident that any and all public organizations should adhere to ethics of conduct that include transparency of responsibility and bookkeeping. We appreciate that such a simple, clear

standard is complicated by mounting government secrecy, racism, Islamophobia, and xenophobia, but even with these considerations in mind, we affirm that organizational and financial transparency, and being open to constructive criticism are in the best interest of all organizations. Bibliography: Quranil Kareem, various commentators and editions Nahjul Balagha, various commentators and publishers Sahih Bukhari,_________________ Sahih Muslim, _____________ Al-Murajaat, by Abdul Husayn Sharafuddin Musawi Inna Maassadiqin, by Muhammad Tijani as-Samawi Shia, by Dr. Seyyed Hossein Nasr Teachings of Islam in Brief, by Allamah Hussein Tabatabai'e Introduction to Fiqah, by Muhammad Baqr As-Sadr Khilafat wa Malookiat (Caliphate and Kingship), Sayyid Abul A'la Maududi Risalatul Huqooq, By Imam Zainul Abideen Ali Ibn al-Hussain Constitutional Analysis of the Constitution of Madina by Dr Tahirul Qadri