ভূমিকা

Shiavault - a Vault of Shia Islamic Books The Ideal Islamic Government Preface In the name of Allah, the Beneficent, the Merciful The letter of the Leader of the faithful, 'Ali ibn Abi Talib (a.s.) to the Egypt's governor-designate, Malik ibn al-Harith al-Ashtar, written in 38 A.H., should rightfully be called the first Constitution which is wholly based on justice, common welfare and public weal. Hammurabi's Code is probably the oldest surviving "document" on state-craft.

Hammurabi ruled over Babylonia in circa 1750 B.C. He got his decisions and judgments carved in stone, which was discovered in Susa, and is now placed in Louvre in Paris. But it is not so much a constitution, as of civil and penal code, dealing with family affairs, contracts and trade, slavery and debts, crimes and punishments, and so on. Even then it did not promulgate impartial justice, as penalties and punishments varied according to the status of offenders. Plato (circa 428 B.C.

-347 B.C.) was Socrates' friend and disciple. He said that there were standards, which he called "ideas" or forms. Those ideas were the real things. A phenomenon is good when it corresponds with its idea or reality. A judge is just if his decision conforms with the "idea" of justice. The present connotation of the word "ideal" is derived from that concept.

In his best-known work, The Republic , he says that the best kind of state would be that where the rulers would be philosophers, 1n spite of the great influence of Plato's philosophy, his ideal republic has remained just that-- an ideal, which has never been put into practice. Five centuries after this letter of 'Ali (a.s.), came Magna Carta (the Great Charter) which was drawn up in England in 1512 C.E. It is considered the basis on which later charters have been drawn up.

But the fact remains that its main thrust and purpose was to safeguard the rights of the English barons against their King, John-- although in so doing it gave some personal liberty to every English citizen. The importance of 'Ali (a.s.)'s document rests on the fact that it lays stress on welfare of every stratum of society. It begins and ends with reminding the Governor to remember, fear and obey Allah.

It explains the qua1ifications and responsibilities of a governor, and stresses that the rule should be in favor of the people as a whole, and goes on to guide him about the qualities of his counselors. It gives guidance about army, judiciary, tax-collectors and secretaries.