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The shari'ah and the rule of law – Islamic governance for the 21st century

The year 2011 ended with an irreversibly changed Middle East where the hegemony of several dictators collapsed at the hands of their oppressed populations. The Syrian and Yemeni peoples' immense sacrifice and desire for change continue into 2012. There is little doubt that the world will further witness the collapse of other dictatorial regimes in the region. Whilst the Muslims of the Middle East continue to sacrifice their sweat and blood for liberation from the shackles of dictatorship, the debate about the aftermath continues. In Egypt, for example, although the Ancien Régime remains largely intact, parliamentary elections were conducted at the end of November 2011 and the presidential election is expected to be held in July 2012. Nevertheless, the question of the form and character of the system of governance is far from settled. Although the role of Islam in the state will be inevitable, its extent of influence remains far from clear. The Anglo-French-America...

Yousaf Gilani in Court: Unlike democracy there is no immunity from prosecution in the Caliphate

Pakistan’s supreme court called Prime Minister Yousaf Gilani before it on contempt of court proceedings after the government persistently ignored court orders to write to Swiss authorities and ask for a dormant money laundering case to be reopened against President Asif Ali Zardari. In response Gilani told the court, "He (Zardari) has complete immunity inside and outside the country...In the constitution, there is complete immunity for the president. There is no doubt about it." A feature of the democratic Republican system is the concept of immunity from prosecution where the head of state is effectively above the law. This is not unique to Pakistan where Zardari a well-known criminal nicknamed Mr 10% can escape justice while he is President, but exists in other democracies notably Italy where Berlusconi enjoyed immunity for years. Islam firmly believes in the rule of law which is the sharia. No one in the Caliphate including the Caliph is above the law or...

We cannot compromise Islam to protect the tourist industry

With 'Islamic' parties taking power in Egypt and Tunisia concerns have been raised over the future of the tourist industry which brings in billions of dollars in revenue each year. Western tourists, for example flock to the sandy beaches of Sharm al-Sheikh where alcohol and free mixing between men and bikini clad women takes place. Saad al-Husseini, a member of Egypt's Freedom and Justice Party executive bureau said in a  recent interview , that Tourism is very important for Egypt and stressed that drinking and selling alcohol are forbidden in Islam. However, he then added,  "Yet Islamic laws also prohibit spying on private places and this applies to beaches as well...I wish 50 million tourists would travel to Egypt even if they come nude." There are two points to consider when addressing the Islamic viewpoint towards tourism. Firstly, as Muslims we must submit to all the laws of Allah سبحانه وتعالى. The sharia has not remained silent on ruling and economy. It con...

Taqleed is not the basis

The following is a draft translation of a section of the book ‘Teyseer al wusool Ila al-Usul’ (To make understanding Usul easy) by Sheikh Ata ibn Khalil Abu al-Rishta (May Allah protect him). Please refer to the original Arabic for accurate meanings.  Islam has forbidden us from following any path other than the path of ‘Ilm (knowledge):  ‘ And follow not that of which you have no knowledge. Verily! The hearing, and the sight, and the heart, of each of those you will be questioned (by Allah).’ [ 17:36 ] From this it becomes clear that the basis in every matter of the Sharee’ah, whether we are ordered to do something or forbidden from a matter, is that we should arrive at knowledge of its hukm through one of the paths of knowledge. If the mukallaf (legally responsible) is unable to do that, then he is obliged to study the matter to arrive at a preponderant view in an issue. Taqleed does not bring us to any definite knowledge or preponderant view; and that is why many s...

Q&A: Imran Khan's dramatic rise in popularity

بسم الله الرحمن الرحيم Q&A: Imran Khan's dramatic rise in popularity  Question: Recently, Imran Khan held one of the largest political rallies in Karachi, following a large rally that he held in Lahore. He has called for early elections and many people are now speculating that he will be the next leader of the country. He has also started to make statements about the Khilafah system. In the light of this, please can you elaborate, whether there is a foreign hand behind Imran Khan's dramatic rise in popularity and why is he supporting the concept of the Khilafah state. To answer this question it is important to consider the following points: 1. It is well known that the real political power brokers in Pakistani politics are not the politicians, but the army. The Chief of Army Staff (COAS) works in collaboration with America to rig elections, establish and dismiss civilian governments and also to decide the fate of any politician wishing to assume civilian lea...