SC PSCI 1302

SOURCES OF ISLAMIC ADMINISTRATION

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DEFINITION

  • Public Administration: The act of managing processes of resource allocation in society, determining who gets what, when, and how.

  • Islamic Perspective: Managing resource allocation in society using Islamic values and principles to please Allah SWT.

The Goals of Islamic Administration

  • Political Framework: Provides a framework for Muslim unity and cooperation.

  • Means to an End: Not a goal or end but a means to create a community supporting equity and justice according to Allah's natural law.

  • Ultimate Objectives: Aims to prevent injustice and establish justice on earth.

SOURCES FOR ISLAMIC ADMINISTRATION

  • Primary Sources of Islamic Law (Shari’ah):

    • Quran

    • Sunnah

  • Secondary Sources of Islamic Law (Shari’ah):

    • Ijma: General consensus among Muhammad’s companions or learned scholars.

    • Qiyas: Analogical reasoning.

    • Istihsan: Juristic preference to ensure equity/public interest.

    • Istihab: Presumption of continuity.

    • Urf: Local customs.

IJMA’ (CONSENSUS OF LEGAL OPINION)

Definition

  • Literal Meaning: Determination, resolution, agreement.

  • Technical Meaning: Agreement of mujtahids (jurists) from Muhammad’s community post his death on a rule of Islamic law as per Al-Nisa’ 4:59.

Conditions for Validity of Ijma’

  1. Agreement among qualified mujtahids.

  2. Agreement must be unanimous.

  3. Mujtahids must belong to the Islamic community.

  4. Agreement must occur post the Prophet's passing.

  5. Agreement held among mujtahids of one period.

  6. Agreement should concern Islamic law rules.

  7. Mujtahids should rely on a sanad (proof).

TYPES OF IJMA’

  1. Ijma' Sarih (Explicit)

  2. Ijma' Sukuti (Implicit)

QIYAS (ANALOGICAL REASONING)

Definition

  • Literal Meaning: Measurement and comparison.

  • Technical Meaning: Applying a case without explicit rule to a case that has a known rule based on effective causes. Reference: Al-Ma’idah 5:90.

Components of Qiyas

  1. Original case (asl)

  2. Legal ruling of the original case

  3. New/parallel case (far’)

  4. Effective cause (‘illah)

Conditions of Qiyas

  • Assess conditions related to original cases, legal rulings, parallel cases, and effective causes.

ISTIHSAN (JURISTIC PREFERENCE)

  • Definition: Jurist’s judgment to determine the best solution in cases unsolvable by sacred texts.

  • Examples:

    • Loans can be justified under istiḥsān despite being usury due to social benefits.

    • Medical necessity can override the prohibition against observing private parts.

ISTISHAB (PRESUMPTION OF CONTINUITY)

Definition

  • Literal Meaning: Accompaniment, attachment.

  • Technical Meaning: Maintenance of status quo until proven otherwise.

Application

  • Positive rules continue until negative evidence is shown and vice versa.

‘URF (LOCAL CUSTOM)

Definition

  • Literal Meaning: What is common or customary among the people.

  • Technical Meaning: Collective customs that don’t contradict Quran or Sunnah.

Difference from Usage and Ijma’

  • 'Urf is collective, while ijma’ involves specific legal opinions from mujtahids.

OTHER SOURCES

  • Practices aligned with Islamic values, such as those from ancient Mesopotamian and Egyptian traditions and Bedouin customs.

  • Early Islamic history documents and non-Arabic contemporary sources.

STRUCTURES OF ISLAMIC ADMINISTRATIVE SYSTEMS

State Sovereignty

  • Ultimate sovereignty resides in the people within the framework of divine authority.

  • Obedience to rulers implies obedience to divine commands.

The Head of State

  • Must be a practicing Muslim; exercises supreme authority in policies.

  • Requires maturity, wisdom, and integrity.

Decision Making

  • Emphasizes consultation ('shura') and independent reasoning (ijtihad) within a representative assembly (Majlis ash-Shura).

Differences of Opinion

  • Diversity in opinions reflects blessings; shariah must guide solutions.

The Citizen and Government

  • Rights include allegiance duties, freedom of opinion, protection, and state responsibilities.

ROOTS OF ISLAMIC ADMINISTRATION

  • Practices under Prophet Muhammad, Khalifa (rightly guided caliphs), and later Umayyad & Abbasid caliphates.

ORGANIZATIONAL STRUCTURE DURING PROPHET’S TIME

  • Simplicity and direct communication; participative management; no bureaucracy required.

MAKKAH AND AL-ASABIYYA

  • Al-asabiyyah facilitated tribal stability; Prophet’s mission benefited from these tribal allegiances.

MADINAH

Multicultural City

  • Diverse demographics required establishing inter-tribal bonds of brotherhood to stop tribalism ('asabiyyah').

Charter of Madinah

  • Guaranteed religious freedoms and responsibilities for all groups.

ISLAH (STRIVE TOWARDS PERFECTION)

  • Refers to the community's continual effort towards goodness and reform, correlating with the mission of the Prophets.

CHALLENGES OF ADMINISTRATION IN THE MUSLIM WORLD

  • Socioeconomic struggles, poverty, educational disparities, corruption, authoritarianism, and weak institutions affect governance in Muslim countries.