3.1 The Prophetic Era

The first Islamic era, or Asr a-Nubuwa (the Prophetic Era), is divided into two historically periods. The first is called the al-Ahd al-Makki (Makkan period) and the second is al-Ahad al Madani (Madinian Period). In The first period and from the time of his mission, the Prophet spent thirteen years dedicating his time to the Qur'anic and prophetic legislation. During his time, the Prophet (PBUH) concerned himself in preaching Islam, and correcting the beliefs and concepts of those around him in order to purify the souls, clarify the minds and remove the remnants of the habits of Jahiliyah from them so that they might all join together for the glory of Allah.

But he was forced to migrate from Mecca to Medina in order to find a new environment where there is a people who are willing to accept the new faith .The people of Medina who accepted Islam invited the prophet of God to Medina, and with their help and support, he founded a city-state at Medina.

The prophet Muhammad (PBUH) succeeded to establish the first Islamic state in al-Madinah. In the person of the Holy Prophet, as Imam or Head of this new state, were combined a legislator (mujtahid), a statesman, an administrator, a judge, and a military commander. He also led the Muslims in the congregational prayers and was the supreme authority in matters connected with religion and Revealed Law. Therefore he had different capacities.

3.1 The Prophetic Era

Shura (Mutual Consultation)
Shura is considered the most important Islamic constitutional principle. The prophet Muhammad (PBUH) used to consult his Companions in all matters other than those concerning revelation in accordance with the command addressed to him in the Qur'an to the effect that he should consult them in affairs and when he had taken a decision, he should put his trust in God (surah 3: verse 159). The command to the Holy Prophet (PBUH) in this respect is for no other purpose except to emphasize the significance and importance on the Muslims of shura in managing the affairs of the state, otherwise as has been pointed out above, the Holy Prophet (PBUH) did not require anyone's advice. In his personal capacity he usually accepted the advice of others and did not impose his own decision. This verse was revealed after the prophet had engaged in the battle of Uhd upon the advice of his companion, even though he was of the opinion to stay in al-Madinah and defend it from inside. This event showed that the Prophet's view is more correct and sound. Despite this, after these events, Allah ordered His Prophet to ask forgiveness to his companions and to consult with them on every matter in which consultation was needed. The Quranic text revealed in the manner and circumstances was definite leaving no room for any doubt that was shura was one of the basic Islamic principles of the Islamic political system and of the highest values which the Muslim Ummah should always and under all circumistances adhere to.

In the second verse, the Qur'an says in surat al-Shura "And those who answer the call of their Lord and establish prayer and who conduct their affairs by counsel, and who spend of what We have bestowed upon them." (42: 38) This is a makkan verse. Thus, the description of the believers as those "those who conduct their affairs by counsel" denotes that shura is one of the traits of Islam. The verse is descriptive of the...

3.1 The Prophetic Era

...nature of the Muslim community that is expected to conduct all its worldly affairs by mutual consultation. The Holy Prophet (peace be upon him) is reported to have said: "Difference of opinion in my community is (the manifestation of Divine) Mercy"; and: "My community would never agree on an error"

While interpreting the verses pertaining to "consultation" a very important question arises as to whether the body to be created for this purpose is a consultative body or an advisory body. According to the Practice (Sunnah) of the Holy Prophet who always consulted a body of eminent members of the Muslim community, namely his Companions, in the conduct of the affairs of the state, it was an advisory body, and the four Rightly Guided Caliphs subsequently followed this practice. The generally accepted principle is that the person in authority must consult others but he is not bound by the advice and can overrule it.

As far as the scope of shura is concerned, we may say that all public affairs of the Muslim Ummah should be the subject of consultation. However, there are two limitations for this broad rule. The first is that shura is not applicable to questions on which an injunction exists in the Glorious Quran or the Sunnah of the Prophet Muhammad. The second limitation is that when a question is referred to shura, the advisors are precluded from reaching a decision contradicting a legislative injunctions in the Glorious Quran or the Sunnah of the Prophet Muhammad.

The heart of the matter is the good intentions of the leaders of the people, their fear of the Almighty, and their compliance with His commands. Within this context, they made use of consultation in a manner satisfactory to themselves and in harmony with the circumstances and the needs of the time.

3.1 The Prophetic Era

Muslims have long agreed that the competent consultants should be ahl al-hall wal 'qqd, meaning those who loosen and bind. The criterion of their authority is that if they agree on a course of action, it will be accepted by the people, and if they agree on a course of action, it will be accepted by the people, and if they repudiate it, it will be rejected by the community.

Once we determine who are the competent persons suitable to be considered as a natural leaders whom people follow, we then will have found those who truly enjoy public confidence, and the nation is ideally represented by them. The problem, however, which has persisted throughout Islamic history concerns, in the first place, the question of agreement as to who should be designated as natural.

In surah 4: verse 59 of the Qur'an, each and every Muslim is enjoined to obey God, to obey the Holy Prophet (peace be upon him) and those having authority over Muslims, who are from amongst them. From this verse four principles of Islamic political ethics have been deduced.

The first principle is that since all authority in the universe vests in God, who is the Omnipotent and Omnipresent Creator of the universe, He alone must be obeyed to the exclusion of all others. God has laid down law in the Qur'an in the form of what is good and what is evil. These commands have been sent as revelation from time to time to the prophets for the guidance of mankind, the last being the Holy Prophet Muhammad (peace be upon him). God has already placed in the nature of man the knowledge of good and evil and has further clarified the distinction between good and evil in the Qur'an. It is, ethically speaking, on this basis that every Muslim is commanded to promote good and to suppress evil.

3.1 The Prophetic Era

The second principle is that obedience may be rendered to man, but only under God's command, generally speaking, in the case of the prophets, where rendering obedience is in fact to God and not to human beings. The Holy Prophet is to be obeyed because he was the last and the final one through whom the faith has been eventually perfected in the Qur'an, which for a Muslim, is the pure word of God, whereas the Sunnah (Practice) of the Holy Prophet is the authoritative exposition of the Qur'an.

In the course of the evolution of Muslim polity, the state through a special department called "Hisbah", considered it as its duty to forcibly impose on the people Islamic religio-moral obligations detailed in the Qur'an and Sunnah, besides the strict enforcement of Islamic law pertaining to certain crimes (e.g., theft, adultery, drunkenness etc.) Through the department of Justice (Qada). Thus the functions of the Muhtasib (Religious Censor) included compelling the Muslims to do what was ethico-legally reputable or right (ma'ruf) and to detect, restrain and punish what was disreputable or wrong (munkar). But as it is evident from Muslim history this practice was not consistently followed. As for the contemporary Muslim nation-states, the department of "Hisbah" has ceased to exist in the traditional form in almost all such states. Similarly the specific provisions of Islamic criminal law are not being enforced in all the Muslim nation-states.

The third principle is that obedience may be rendered after God and the Holy Prophet to those who command authority over the Muslims. Theoretically, this form of obedience is subject to their acting in execution of the commands of God and the Holy Prophet. But if they are not acting as is expected of them, then, according to the interpretation advanced by eminent Sunni jurists, they must still be obeyed as God alone can punish them.

3.1 The Prophetic Era

The fourth principle is that obedience can only be rendered to those who command authority over the Muslims who are from amongst them, in the sense that they are themselves members of the Muslim community. Obviously these leaders of the Muslim community have to be Muslims themselves as they are expected to act, at least in theory, in execution of the commands of God and the Holy Prophet, although they can further employ or delegate their powers to non-Muslims who should likewise be obeyed. Thus generally speaking, in the Qur'an no mode of life is prescribed for a subjugated Muslim community. The mode of life which a Muslim is commanded to follow can only be followed if he is member of a politically free community. Consequently the Muslim community must strive for establishing a state of its own wherever it is possible to establish a viable state. This is one of the constitutional principles, which can be deduced from the Sunnah of the Holy Prophet, who established a separate state at Medina.

A state which is managed and administered in accordance with the laws of Islam is called Dar al-Islam (Abode of Peace). Its independence has to be preserved under all circumstances and therefore its first priority must be defense. But effective defense is only possible if equality is maintained among its citizens and they are all united to help one another in defending their common territory. This is also a constitutional principle deduced from the Sunnah of the Holy Prophet as is apparent from Mithaq al-Madinah, the first written constitution of the world, which was promulgated by the Holy Prophet in the city-state of Medina.

This ancient document contains in all forty-seven articles. The first part, consisting of twenty-three articles, deals with the mutual relations, rights and duties of Muslims. It is under these articles that the Emigrants from Makkah (Muhajirin) were united with the Helpers from Medina (Ansar) in a fraternal bond of a Community of...

3.1 The Prophetic Era

...Faith, thus laying down the principle that according to Islam, nation-hood (Millah or Ummah) is to be founded on a common spiritual aspiration, rather than on common race, language and territory. The second part of the document, consisting of twenty four articles, is concerned with th relations of Muslims with the Jews and other non-Muslim inhabitants of Medina or the valley of Yathrib, and confirming them in their religion as well as possessions, enumerates their duties and rights. The interesting features of this part of the document are that non-Muslims are included "in" or "with" the Muslim Ummah, which implies that if nation-hood of Muslims is founded on a common spiritual aspiration, their unity with non-Muslim minorities in the state, is based on the defense of a common territory. The Muslims and non-Muslims, described as a "single community", are to help one another against whomever wars or fights against the people of Yathrib for, as stated in the document: "among them there exists sincere friendship, honourable dealing and no treachery".

Next in importance from the constitutional standpoint is the document called the Treaty of Al-Hudaybiya, which was made between the Holy Prophet as Head of the State of Medina and Suhayl bin 'Amr, the representative of the pagans of Mecca. The treaty was a pact of non-aggression for ten years between the Muslims and the Quraysh. Apart from the stipulations in the agreement, which were favorable to the long-term strategy of the Holy Prophet, it is interesting to note the manner in which the treaty was recorded. According to the version provided by the historians, the Holy Prophet asked 'Ali to write the treaty with the opening: "In the name of Allah, the Beneficent, the Merciful". But the representative of the Makkans objected asserting that the Quraysh would not approve of the words "the Beneficent, the Merciful", and that the treaty should commence with the pagan invocation: "In Thy name, O Lord". Thereupon the Holy Prophet directed 'Ali to write the words as desired by the representative of the Meccans. Then the Holy Prophet told 'Ali to write: "This is the treaty...

3.1 The Prophetic Era

...which Muhammad, the Messenger of God made with Suhayl bin 'Amr....". But Suhayl bin 'Amr again interrupted and asking 'Ali to withhold his pen, addressed the Holy Prophet thus: "If we had accepted you as the Messenger of God, there would have been no war between us. Therefore, let only your name and parentage be written". Accordingly under the direction of the Holy Prophet and despite the protests of Abu Bakr, ''Umar and 'Ali, 'Ali reluctantly wrote: "This is the treaty which Muhammad bin 'Abdullah made with Suhayl bin 'Amr" The contents of the treaty as well as the manner in which it was recorded indicate that it is an embodiment of the political sagacity, far-sightedness and pragmatic approach of the Holy Prophet as a statesman.

The era of the Holy Prophet as Head of the city-state of Medina has always been considered as a model in the sense that a Muslim state had been founded and was being managed and governed by the Prophet- Imam himself. This dispensation was unique in the history of Muslims and was never to be repeated. Philosophically speaking, it was an ideal or a perfect state in the sense that the Ruler was in direct communion with God. The Holy Prophet was Head of the State in the tradition of the earlier Semitic prophet-kings mentioned in the Qur'an. But although the foundations of the state had been laid and it was being headed by the Prophet- Imam, the state itself was in the process of becoming or developing and was therefore endeavoring to realize the objectives for which it had been created. In other words, on the spiritual or religious side ('Ibadat) Islam had been perfected, but on the mundane or worldly side (Mu'amalat) the state in Islam was not a finished product, as the community was to keep on developing under a legal order.

This development was to be accomplished through a continuous process of "Ijtihad".

3.1 The Prophetic Era

To appreciate the political outlook of Islam one has only to know it is based on the following principles:

1)	Every deed of the Muslim individual or group of indvivduals mjust be inspired and guided by the

Law of God.

2)	The sovereignty in the Islamic state does not belong to ruler nor even to the people themselves. It belongs

to God, and the people as a whole exercise it by trust from Him to enforce His Law and enact His Will.

3)	The aim of the Islamic state is to administer injustice and provide security and protection for all citizens,

regardless of color or race or creed, in conformity with the stipulations of God in His constitution, the

Quran.

4)	Formed for the above-mentioned purposes and established to enforce the Law of God, the Islamic state

cannot be controlled by any political party of a non-Islamic state platform or subjected to foreign powers.

It has to be independent to exercise its due authority on behalf of God and in His Cause.

5)	The ruler, any ruler, is not a sovereign over the people. He is a representative employee chosen by the

people and derives his authority from his obedience to the Law of God, the law which binds the rulers and

the ruled alike by a solemn contract over which God is the Supervisor.

3.1 The Prophetic Era

6)	The rulers and administrators must be chosen from among the best qualified citizens on the basis of their

own merits of virtue, fitness and competence.

7)	After the people make their choice through election or selection of their ruler, every citizen is enjoined to

supervise, with his means, the conduct of the administration and questions in handling of public affairs,

whenever he sees anything wrong with it. If the administration betrays the Trust of God and the public, it

has no right to continue in office.

8)	Although the ruler is chosen by the people, his first responsibility is to God and, then, to the people.

9)	Although the Quran is the constitution of the Islamic State, Muslims are ordained by God to handle their

common affairs through consultative methods. This makes room for legislative councils consultative and

bodies on the local as well as on the national and international level.

10)	Under the political system of Islam, every citizen is entitled to enjoy freedom of belief and consciousness;

and freedom of thought and expression. He is free to develop his potentialities and improve his lot, to

work and compete, to earn and possess, to approve and disapprove of things, according to his honest

judgment.

11)	The governorship of the Islamic state is a public trust, to which the administrators are entrusted by the

word of God as well as by the common consent of the people.