iPod Islam: IslamPoliticalScience

11b-2 Law of Equality & Allah's Rights

Salim Morgan — Wed, 12 Mar 2008 18:44:00 -0500

In this Lecture Sheikh Salim Morgan talks about the Laws and Boundaries of Allah. It emphasises the importance of everyone being equal before the law and not only in theory but in practice as well.

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11b-1 Law Regarding: Crime and Evil

Salim Morgan — Sat, 08 Mar 2008 18:35:00 -0600

It is not lawful to accept any payment or property from a convicted adulterer, thief, public drunk, highway robber (gangster), and the like in order to defeat the prescribed punishment of the Boundary. [This is the case] whether the money is payed to the treasury or to any other recipient. Any such property received in order to defeat the application of any of the Boundaries is graft and is foul. If the ruler does that, he has combined two grievous acts of corruption: 1) failing to apply the law, and 2) consuming something foul (suht), i.e., bribery. So, he failed to fulfill the obligatory and he committed the unlawful…

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11a Law Regarding: Boundries & Rights of Allah (Hudud)

Salim Morgan — Sat, 08 Mar 2008 18:31:00 -0600

The hukm (judging or ruling) between people is in matters of the Boundaries (divinely prescribed punishments) and rights and they are of two types. First, Boundaries and rights which are not for specific individuals but rather their benefits are for the Muslims at large, or a sector of them and all are in need of them. These are called the Boundaries of Allah such as that of highway robbers and gangsters, thieves, adulterers and the like. Similar are judgments relating to the public properties, trusts and grants which are not to specific individuals. These are among the most important functions of governance. This is why Ali ibn Abi Talib said:..

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10b Fate Of 3 Types of People

Salim Morgan — Sat, 08 Mar 2008 18:18:00 -0600

People fall into three divisions in this regard:
1.On group is dominated by their desire for power in the land and corruption. They do not look at the long-term or the place of return. They believe that political power is not established except with giving (generosity). Furthermore, the amount needed may not be attainable without taking that which is not lawful. So they become robbers and givers and they say: It is not possible for anyone to rule the people except one who consumes himself and feeds others. If power is obtained by one of limited appetite who neither consumes himself nor feeds others, the powers that be (leaders, chiefs, etc.) will despise him and remove him from power – if in fact they don’t harm him physically and economically. These (those who “eat and feed”) looked only at the short-term of this life and neglected the long-term vision of both this world and the next. Their fate is dismal in both this life and the hereafter – if they don’t manage to rectify their affairs with repentance and the like.
2.Another group possesses fear of Allah most high and their faith prevents them anything they believe to be despicable and oppressive of the creation and from forbidden acts generally. This is something good and in fact obligatory. However, they may believe at the same time that politics cannot be successful except by committing some of the forbidden acts that those others commit, so they abstain from it (i.e., politics) altogether. Perhaps the reality with them is actually cowardice or miserliness or a weakness of character which is combined with the degree of understanding of Islam which they possess..

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10a Priorities in Giving

Salim Morgan — Sat, 08 Mar 2008 18:15:00 -0600

As for expenditures, what is obligatory is to give priority in allocation of resources to that which is most important and then next most important to the general welfare of the Muslims such as giving to one who thereby brings about a general benefit to the Muslims Among these are the military, the people of defense and jihad. They are the most deserving of the fei, since it only comes about by their sacrifices. In fact the scholars differed about the fei: is it for the military exclusively or shared between all aspects of the public good? In general, all of the public wealth is for all avenues of beneficial expenditures by agreement [of the scholars], except that which has been specifically restricted such as the zakat and [four fifths of] the ghaneema (spoils of war).
And among those deserving from the treasury are those responsible over the peoples’ affairs such as rulers, judges, scholars and treasury workers whether collectors, managers or those who disburse and the like. This also includes even the imams of the prayer and the callers of the adhan and the like.

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07 & 08 Defining Recipients of Zakat

Salim Morgan — Sat, 08 Mar 2008 18:13:00 -0600

The “(1)destitute and the (2)impoverished” share the characteristic of needing help to meet their basic needs, so here zakat is not for the well-off or for the strong and capable [of earning a living]. “(3)Those who work with it” are the ones who collect it, store it, keep records of it, etc. “(4)Those whose hearts are to be brought near” – these will be mentioned in the next chapter about the fei. “(5)The captives” includes assisting slaves who are working under agreement for their freedom, ransoming prisoners of war and the outright freeing of slaves. These are the strongest statements regarding this category. “(6)Those in debt” means those who have a lot of debt and no means to pay them. They can be given that which covers their debts, even if it is a large amount – unless that debt was incurred during anything involving disobedience to Allah Most High. Such can not be given anything unless they repent. “(7)In the path of Allah” means the soldiers going to battle who have not already been given from Allah’s wealth that which suffices them for their expedition. They are given that which enables them to fight or the rest of what they need whether that be horses, weapons, expenses or wages. Hajj (Pilgrimage) is also part of “in the path of Allah as the Prophet (sas) said. “(8)The son of the road” is the one [stranded] while travelling from one place to another..

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06 Distribution of Captured Wealth

Salim Morgan — Sat, 08 Mar 2008 18:04:00 -0600

..Spoils continued to be divided among those who fought through the Umayyid State and the Abbasid State when the Muslims were engaged with the Romans, the Turks and the Berber. However, it is lawful for the Imam to give and increase to some who have excelled in their efforts such as a vanguard who went out ahead of the army or a man who scaled a fortification and opened the gate or who overcame the vanguard of the enemy and brought about a victory and the like. The Prophet (sas) and his successor used to practice this..

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05 Property, Debts, Deposits, Trusts, Orphans etc.

Salim Morgan — Sat, 08 Mar 2008 18:02:00 -0600

Included in this section are: physical property, debts private and public such as: the return of deposits, partnership funds, agency, investments (mudhaarib), property of orphans under guardianship, beneficiaries of trusts and the like. Likewise the payment of debts consisting of the sale price of merchandise, loans, dowries, rents and the like. Allah said:..

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04 Determining Qualified Leaders & Representatives

Salim Morgan — Sat, 08 Mar 2008 18:01:00 -0600

he most important issue in this chapter is how to determine the most appropriate/qualified person for any responsibility. It is accomplished by first knowing the goal of that position and the way to that goal. Once the objectives and the means are identified, the issue is completed. Thus, since most kings have as their objective [things of] this life and not Islam, they assign to responsibilities those who will aid them and support them in that intention. Similarly, the one who seeks leadership for himself will prefer to assign those who reinforce his presidency. The established sunnah was that whoever leads the Muslims in Friday prayers and daily congregational prayers and delivers the Friday khutba, these same ones are the generals in war, the representatives of the ruler over the military. This is why once the Prophet (sas) selected Abu Bakr over the prayer, the Muslims subsequently selected him as the Amir of war and of their affairs generally..

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03 Choosing Between Strengths

Salim Morgan — Sat, 08 Mar 2008 17:58:00 -0600

every appointment is to pick the most beneficial choice for that particular responsibility. If the choice is between two individuals one greater in trustworthiness and the other greater in strength/ability, the one which must be promoted is the most beneficial in that particular position – and the least harmful in that position. In the Ministry of Defense, the strong and courageous – even with some character flaws – takes precedence over another who is weak and incapable, even if more trustworthy. Imam Ahmad was once asked regarding a choice between two leaders over a military expedition, one strong but corrupt and the other pious but weak with which one should I join? The Imam answered, “As for the strong but corrupt, his strength is for the Muslims and his corruption is upon himself. With the pious but weak one, his piety is for himself but his weakness is upon the Muslims. So, go with the strong but corrupt.”

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02 (continued) Assigning Leadership Positions...

Salim Morgan — Sat, 08 Mar 2008 16:28:00 -0600

AssignTheBest

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01 Assigning Leadership Positions to Best Choice

Salim Morgan — Sat, 08 Mar 2008 16:25:00 -0600

So, it is obligatory upon anyone who is in charge of any affairs of the Muslims to appoint and utilize in every position and task under his authority the best suited individual he can find. He should not promote someone because they are seeking the position or because they asked first. Rather, that would be a negative and a consideration for passing them over. It is reported in the two sahihs:

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