Governance in Islam The Sh:!

Governance in Islam The Sh:!a believe that there are two aspects to ruling in the view of Islam: A permanent aspect concerned with the ‘ruler’ and the ‘law.’ Thus the ruler must be male, a believer, of pure birth (not illegitimate), and a jurist. The law must be derived from the four sources of legislation. A developing aspect concerned with the way in which the Islamic Law is implemented.

This aspect is subject to independent legal judgement and it is the responsibility of the jurist-consults/authorities to make their views known in this aspect according to stipulated legal checks and balances. Power in Islam The Sh:!a also believe that holy struggle (jih"d) is a kifa>’ie (common) obligation whereas defence is an ‘ayni (individual) obligation40.

Hence, it is mandatory for the Islamic state to prepare the requisite number of Muslims by the ways mentioned in Islamic law so that it may have a preventative force which will protect them and their interests wherever they are. This power is not solely confined to military power but includes intellectual, economic and industrial power so that the prophetic tradition ‘Islam is above all and none shall be above it’41 may be realised.

Sources of Public Wealth The Sh:!a believe that the sources of public wealth are the khums (tithes), zak"h (obligatory alms), jizyah (tax paid by non-Muslims living under the protection of the muslim state), khar"j (tax paid on certain categoriesof land), tij"rah (trading), and such like.

This wealth is spent in ensuring the public good and preventing individual hardship so that under the reign of the Islamic government no public good is left neglected and no one suffers from poverty or that his/her essential needs are not met. The Sh:!a also believe that Islam allows private ownership on condition that the wealth is obtained legally and that the owner pays his dues on it. Under no circumstances is the wealth of the people to be usurped.

At the same time, Islam protects the rights of the worker and the farmer as well as those of the employer and landlord so that there is no inflation or no feudal system, and no ‘cheap/free labour’ or oppression.