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Monday, February 18, 2008

Egyptian Islamic scholar Al-Qaradawi advocates limiting term of ruler

Sheikh Yusuf Qaradawi

Doha Al-Jazeera Satellite Channel Television in Arabic at 1905 gmt on 3 February carries a new episode of its weekly talk show "Life and Religion," moderated by Uthman Uthman in the Doha studios. The programme hosts Dr Yusuf al-Qaradawi, president of the International Association of Muslim Scholars. The topic of this episode is "Islam and the roots of despotism."

Uthman begins by asking Al-Qaradawi the following question: "The Islamic political fiqh [jurisprudence] was very strict on the issue of revolting against the ruler so that the ruler's term in power will not seem as if it is eternal and a divine decree, why?"

Al-Qaradawi says that "all the rules and laws of Islam contain all that is in favour of people in this life and the hereafter." He adds: "The Islamic shari'ah serves the interests of mankind in their life and religion." He says: "Among these are the political interests. What God decreed in the political field in terms of laws is aimed at establishing the truth and justice, safeguarding dignity, and taking care of people's rights. This is why it was very strict on the issue of revolting against the ruler. By revolting here I mean armed revolt. This is because this will pave the way for sedition and indiscipline. As a result, perhaps blood might be shed, people might be killed, and houses and property might be destroyed."
Al-Qaradawi adds: "The issue is not that if anyone becomes angry at a ruler he then should brandish his sword and revolt against him. No. It is true that Islam does not accept the culture of submissiveness and humiliation by the rulers, but it is also does not accept that if anyone becomes angry at another one he then should carry out an armed revolution, especially since this will lead to instability and pave the way for interference by others and foreigners in the country's affairs." Al-Qaradawi then gives examples of revolts against rulers from the Islamic history.
Al-Qaradawi says: "In our age, we have seen the violence used by the Islamic groups which hold all modern rulers to be infidels and therefore they should be fought. To achieve their objectives, these groups resorted to violence and used weapons to shed blood and to confront these rulers, such as the Jihad Group in Egypt, Al-Jama'ah al-Islamiyah [Islamic Group], the Salafi Jihadist Movement, Al-Qa'idah, and the like. However, have they achieved what they wanted? They have not achieved anything. On the contrary, blood was shed, houses were destroyed, and funds were squandered. The result now was that the Al-Jama'ah al-Islamiyah has issued 12 books revising this violent past. It believes that it has made mistakes."
Answering another question, Al-Qaradawi says: "One of the foundations of Islamic governance is the Bay'ah [pledge of allegiance]. Leading members of the society elect the ruler and pledge allegiance to him after which all the people should pledge allegiance to him." He adds that "the orthodox caliphate was not hereditary." He says that "when the rulers began to transmit power by inheritance to their sons, they deviated from the principles of orthodox caliphate." He says that "all the governments in the states around us were either elected by Bay'ah and Shura [consultation], which are very few, or either by the act of conquering by some ones who carried out military coups in some countries and seized power in them." He says that the "Islamic fiqh is a realistic fiqh."
Answering a question on whether the "Islamic fiqh gives legitimacy" to the existing regimes, Al-Qaradawi says: "If the legitimacy becomes stable, begins to run people's affairs, and the people accept its leadership, then you should recognize it."
Answering a question on whether this means that "stability should be given priority over rights," Al-Qaradawi says: "Stability should safeguard rights. Stability does not mean that I should deny people their rights. However, I should recognize reality and demand rights. Rights should also be safeguarded."
Answering a question that democracy "has now become an institution but Shura has not reached this stage, particularly in the modern age," Al-Qaradawi says: "This is because the whole world was in the past a world of despotism. Perhaps, the Muslim caliphs and kings were the best rulers on earth at the time despite their weaknesses. We criticize Mu'awiyah [Ibn Abi-Sufyan, Umayyad caliph in Damascus], Abd-al-Malik Bin-Marwan [fifth caliph of the Umayyad dynasty], and Harun al-Rashid [the fifth of the Abbasid caliphs of Bagdad]. However, in spite of their weaknesses, they were the most equitable rulers on earth."
Answering a question on whether "there is any limit to the term of the Islamic ruler in Islamic fiqh," Al-Qaradawi says: "No, there is no limit. At the time, there was no limit for the term of any ruler in the whole world. The ruler used to rule forever. Caesar or other kings used to rule as long as they live." He adds that "this is not obligatory" in Islam, but now the world has opted for the "rotation of power." Whether Islam prevents us from "rotating power," Al-Qaradawi says "no." He adds that the basic principle in Islam necessitates that "we should look for the best one to rule the nation and the one who establishes justice in the life of people."
He adds: "I personally believe that in the modern systems, the best thing to do in order to avoid dictatorship is to limit the length of the term of the ruler. All the republican systems now stipulate the limitation of the term of the ruler or the president. Despite this, we can see that the ruler in many of our Arab countries extends his term for one, two, three, or even four times. He is even not satisfied with that, but he transmits power by inheritance to his sons after him. So, they became hereditary republics."
Uthman then asks the following question: "We talk about despotic regimes, about presidents who turned the rule into a hereditary one, but what about leaders of the Islamic movement who also stayed for a long time in leading the Islamic movement? Why there was no rotation on the leadership of the Islamic movement?"
Answering this question, Al-Qaradawi says: "It is not only the Islamic movement, but this also applies to all the leaders of the political parties in our region." He then gives example of this. He says: "The bylaws of the Muslim Brotherhood stipulate that the guide should be elected for four or six years and his term can be renewed for one time, but in practice, you cannot see this. Perhaps, due to the fact that they are not officially recognized in a country like Egypt, the Muslim Brotherhood cannot meet to change the guide, and so the eldest one remains the guide until he dies."
On how he assesses the "current political fiqh," Al-Qaradawi says: "Political fiqh has continued to be at a standstill for many centuries. This also applies to fiqh in general." He adds: "The political fiqh had continued to be at a standstill because there was no change in the political life. The prevailing pattern had continued to prevail." He says: "All the scholars, who were concerned with the state fiqh in Islam, spoke about political fiqh, human rights in Islam, the rights of minorities, women's rights, and the nomination of women in elections, and about all these issues." He gives names of authors and books on this issue. He adds: "We do not say that the discussion of all these issues was completed, but all issues were discussed. Some of them became mature and others are still on their way to maturity. As long as the door remains open we will eventually achieve this goal. However, all issues are open to discussion."
Answering a question on the "relationship between the ruler and the ruled" in Islam, Al-Qaradawi says: "Islam says that the relationship between the ruler and the ruled is one of amity, trust, and cooperation." He says that Islam prohibits "mistrust" between the ruler and the ruled. He adds: "Islam does not want people to be slaves to the rulers. On the contrary, this is not the culture of Islam. Islam rejects this culture, the culture of submissiveness and subservience." He says: "Despotism is not power, but it is real impotence. The mighty person is the one who listens to the people's opinions and the one who does not do everything by himself or cares less about the people's opinions. This is what the Koran calls tyranny and despotism." He says that the "Prophet, may God's peace and blessing be upon him, says that the best kind of jihad is the word of truth against an unjust ruler." He adds that the "strong nation is the one where there are people who confront the ruler and tell him that you are unjust if he is unjust."
Answering a question on the way of confronting the ruler and whether it is through "demonstrations, rebellion, or revolting against the ruler," Al-Qaradawi says: "Every age has its own ways to confront the rulers." After giving examples of this from the history of Islam, he adds: "Our age created ways, such as strikes, demonstrations, civil disobedience, and the like."
He says: "We have the right to discuss these means in our political fiqh. Some scholars in our political fiqh prohibited strikes because they obstruct works, destroy the country, and cause harm to the economy. Imam Al-Mawdudi, may God have mercy on him, said something like this. However, life, the facts of life, and the tyranny of the rulers have forced many of these jurisprudents and scholars to change their opinion and to say that we have the right to use these means as a result of the tyranny, despotism, and dictatorship of the rulers who want to impose themselves on the people by iron and fire."
Answering a question on the "ruler's relationship with the scholar, the mufti of the republic with the ruler, and the Awqaf Ministry or minister with the ruler," Al-Qaradawi says: "These people are employed by the rulers. The problem is that when the scholar is an employee for the ruler who is the one who appoints and dismisses the scholar." He adds: "The problem and the catastrophe is that when the scholar needs the worldly life of the rulers but the rulers do not need his religion or knowledge at a time when he needs a salary so he and his children can eat. The secret of the strength of the Shi'i scholars is that they are not employees for the state. They take Al-Khums tax [The fifth of the total salary of every Shi'i follower]." Concluding, Al-Qaradawi says that this makes "scholars strong."

Source: Al-Jazeera TV, Doha, in Arabic 1905 gmt 3 Feb 08

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