Modern Nation States, the Islamic Caliphate and Ummah: Are they compatible?

Click here to LIKE this Blog on Face book.
---

By Muhammad ibn Kateb Al-Ashari

Contents

Background
Modern nation states and it’s concepts 2
The concept of Caliphate and Ummah in Islam
Caliphate and it’s conditions 3
Ummah it’s meaning and it’s duty 5
The duty of the Islamic political parties 6
Conclusion 6
End Notes 8
Bismillah Ar-Rahman Ar-Raheem

Background

Today wold is just a compilation of some nation states where many different races and ethnicities reside. The days of empires have ended and so does the days of kings and emperors who ruled over vast regions in the past. In that past time existed the Islamic system of governance : the Caliphate. So the question asked “is caliphate and it’s subject (Muslim nation) compatible with today’s “nation states””? Muslim is the only people who are recognized by their religion as a nation, not by their race or language or culture. The concept of nationalism as stated below is not similar to the concept of Muslim nationalism if at all there is anything as Muslim nationalism, because Muslims are a nation (ummah) whose peace and security ought to be one. My position in this paper is “the concept of Caliphate and ummah is compatible with nation states today if certain conditions are fulfilled”. This is to me is Islamic nationalism and reality which is to be of Muslim nation states. Do consider the difference between Muslim nation and Muslim states. If I use Muslim nation states I mean Muslim nations otherwise it should be understood as the ummah (Muslim nation)

According to contemporary Western definition the nation state is a state that self-identifies as deriving its political legitimacy from serving as a sovereign entity for a nation as a sovereign territorial uniti. The characteristics of a nation state is fourii. If these four are found then it can be said that a nation state exists. The four traits are: a) A permanent population b) A defined territory c) Government d) The ability to enter into relation with other states. These conditions are sometimes not fully seen such as Somalia as an example where there is no effective government, but nonetheless a state. The most important thing for a state is sovereignty, what makes it independent from others in sense of legal jurisdiction on it’s territory. However in federal states there are sovereign states with in state such as in USA or Canada but these internal states somewhat sovereign are not treated as states due to the fact that they are not sovereign to enter in to treaties. This is what the concept is to the western academics and certain legal bodiesiii.

The origins and early history of nation states are disputed. Romano identifies the French Revolution as the source of modern European nationalism. Fired by patriotic fervor as they swept across the continent, French revolutionary armies, followed by those of Napoleon, stirred nationalist backlashes everywhere in Europeiv. To know fully why nation state is different from empires one should ask what nationalism is. One is the primordialist perspective that describes nationalism as a reflection of the ancient and perceived evolutionary tendency of humans to organize into distinct grouping based on an affinity of birthv. So It can be a nationalistic (Nation building as well) belief that citizenship in a state should be limited to one ethnic, cultural, religious, or identity groupvi. In this sense the rise of nation states can be ascribed to ethnic and racial reasons among others, otherwise how can it be different from an empire?

Islam does not define the concept of state as a definition we would ask to find in it’s sources but we can say that Islam recognizes the concepts of territories, rulers, population and laws. It is very common in Islamic texts and Islamic jurisprudence that such terms have been mentioned to address legal, foreign trade and warfare issues among others. Such elements are both common to empires and nation states but even then there are differences. For example in Europe marriage among royals would sometimes result in land swap which is not the case for nation states. The way Islam has dealt with elements of empires or nation states are that “A ruler ruling over it’s subjects in a land which has a delimiter and who trades with foreign rulers”. This is what I can say about how Islam has looked at the elements of empires or nation states. Hence the basis of race or ethnicity does not play a role in determining the concept of state in Islam, however a specific part of a specific race does play an important role in one important aspect as we shall see later.

The concept of Caliphate and Ummah in Islam

The meaning of the term caliphate from (khaleefa) is to interchange the predecessor and take his positionvii. In this sense man is khaleefa on earth of it’s previous inhabitants who were the jinnsviii. In the legal jargon calipha (caliph) is the greater Islamic ruler ie. Ruler over all Muslims and Muslim lands. It’s general term is khilafa (caliphate) meaning leadership which is a proliferation from the leadership of the Prophet pbuh to protect the religion and the political system of Islamix. Scholars have thus questioned that whether caliphate is a rationale necessity in Islamic political system or a religious onex. I think they have seen these two distinctions in separate perspectives and both of them are right in their own perspective. It is because one group said it is a rationally viable necessity saw it in the interest of worldly life, where as the other group who said it is a religiously ordained injunction saw it both in the perspective of obeying God’s command and reaping worldly as well as spiritual benefits through this. The verse of holy Quran also suggests a specific form of political system in Islam a system where leadership is subservient to Divine authorityxi. But this should not be a valid ground where people will use negation-principle to rebel rulers who are not subservient to Divine authority unless certain conditions are fulfilledxii.

The conditions of a valid caliphate are seven xiii:

a) Justice with it’s complete conditionsxiv

b) Ability to deal with prevailing and contemporary issues of his time

c) Perfection in hearing, speaking and listening for efficiency in maintaing and running the office.

d) Perfections in limb and body.

e) Sharp intellect

f) Courage and integrity to engage against the enemies

g) From the lineage of the Quraish

Point d could be said to have been more suitable when caliphs used to engage in actual battle unless the caliph himself is a military general like positions held by Hitler or Pinochet, this condition is rarely seen and yet needed in today’s world but I think a caliph should be an expert in military strategy and tactics and as being the head of the armed forces of Islamic state should position himself as such.

Point f is very much needed in today’s time when most of the Muslim leaders are cowering in fear and insecurity of their own potentials apart from the marvelous example which Iran is showing.

Point g is very important as this is a religious injunction where others have been deduced from the spirit of Divine texts. Only a person who can be traced to the lineage of the Quraish dynasty can be a candidate for caliphate and so the Islamic ummah has no other choice but to choose as their ultimate and supreme leader an Arab from the prophet’s dynasty. This is the special condition which I mentioned in the beginning section. Now are Muslims psychologically ready to accept this? Are they ready to start the phase to realize this? It is extremely difficult when the Muslims are poisoned by the notion of western nationalism and western democracy.

Modern nation states have been based on the concept of secularism and democracy and it is not easy to see them only in terms of territories without their political ideas shaping such landscapes. However the Islamic concept of nationstate is based on Islamic nation and caliphate as stated, and how this caliphate materializes is a matter we need to shed some light on. The caliphate is legally established in two ways and the third way even though not legal but once established Muslims are obliged to follow. The first way is through the selective process of ahl hil wal aqdxv. These are the people who are experts in Islamic jurisprudencexvi, and to Imam Nawawi intellectuals to whom people go in their needsxvii. All of the companions were more or less people of reason and religious comprehension specially those who were there to establish the four caliphates. It is also noteworthy that not even all people participated in the selection of Abu Bakr (ra) but only five agreed and others followed in their footsteps, and we cannot say the undemocratic start of Islamic caliphate was wrong and void of any benefits. Hence the concept of democracy which is the other half of modern nation states cannot be said to accommodate such an Islamic structure. The second way of establishing the caliphate is through transfer of the power of Caliphate by a previous caliph to someone meeting the conditions of caliph. It is because Abu Bakr transferred the caliphate to Umar (ra) and there is ijma (consensus) on this type of caliph choosingxviii. The third way is not legal but a result of event which bestows on the population a rulerxix. An example would be some Muslim ruler enforcing his authority on Muslims through armed attack and thereby overtaking the location and installing new monotheistic government. I say this because Muslims are not allowed to be ruled by a disbeliever or a government which bans Islamic values and culture from people’s lives. This is only when people are able to unite and rebel against this government. This type of government due to showing “kufr bawah (open disbelief)” has lost legitimacy and invoked disobedience from Muslimsxx.

I discussed above about the Islamic political system which affects the formulation and molding of the Islamic nation states just as secularism and democracy forms and shapes the modern nation states every day.

Now I will discuss about the nation who makes such states. The concept of Islamic nation is cohesive showing gravitational pull towards the centre where every nation states and every Muslims of every race residing in such states are the physical masses, the caliphate being the unseen gravitational force. All these make up the Islamic nation and in Arabic termed as Ummah. Ummah’s lexical meaning is “a way or a religion”. It’s theological meaning can be found in holy Quran which addresses Muslims as people of righteousness on faithxxi. This same norm of address was given to prophet Abaham pbuh. It stated him as an Ummah. If we compare these two verse we find that Ummah is any person or persons who share with each other the monotheistic faith and religion. I will accept the concept of modern nation states (the four conditions) as stated earlier in the essay. I will extend that definition to include the government as Islamic political system and the territory being primarily Muslim. How Islamic ummah can form government for it’s territory? Now caliphate is not a sudden emergence but in the modern context I believe that first Islamic rulers and governments should emerge locally and then establish the caliphate when sufficient number of Islamic government has formed. Another way is an Islamic government will form on a Muslim territory and it shall call for the Ummah to establish caliphate. In this sense modern nation states and Islamic caliphate and Ummah is not contradictory but complementary. First I need to discuss does this Ummah have a duty to initiate such a process to caliphate because the concept of modern nation states largely depends on the will of the people? Yes it does as mentioned in Imam Mawardi’s book which states that Muslims have a collective obligation to choose their caliph. The process is also very specific: Two groups will appear one who will call for the caliphate and another who will select from the former a caliphxxii. It is no problem even if the callers to caliphate all belong to the Quraish lineage. It is not an obligation that only one person from Quraish comes forth., but the condition is that the caliphate must not go out from the Quraish.

It is true that modern nation states exist as independent jurisdictions from each other but nonetheless it is percievable that even such independent jurisdictions can be brought about under one rule of law or even further government and military. If we consider NATO and EU we see one body of law is supreme over all members of EU and that one military is supreme and serves interest of these members even though the legal systems of such countries are different and even though they are independent government. But the concept of Islamic caliphate goes even a bit further. The centralized government will be the seat of caliphate and the law shall be legislated from the government of the caliphate. It is possible that there could be one set of laws transcending all Muslim lands under this caliphate just as the federal laws of USA, and it is also possible that each Muslim state can adopt it’s own laws through it’s own Islamic madhab just as US states have it’s own state laws for all the states it has got. If the caliph so wishes it is also foreseeable to give

certain powers to the provincial governments to enter into foreign relations on behalf of that province. The only transcendent rule is “Caliphate shall be appointed and will have the power which overturns all provincial codes and laws, and that a separate council of Islamic jurists to oversee the works of the caliph whether conforming to Quran and Sunnah or not, just as the Guardian Council in Iran.” However such a council should be there only to monitor the workings of the caliphate but not to impose anything, as they themselves should be subservient to the caliph in all maters of good and benefits of the ummah and Islam. The establishment of Islamic caliphate will not erase boundaries of Muslim lands but will consolidate the lands under a single powerful caliphate. This is what Islamic nationalism is to me. Democracy will play very little role if any and democratic process shall only be allowed in low level provinces through the permission of the caliphate if he sees so fit. I want to mention why people today crave for democracy? Firstly, secularism actively promotes democracy because to prevent the misuse of power from the rulers, as rulers in this system have no loyalty but to their selves and parties, where as in Islam caliph and provincial rulers must have loyalty to Allah, Lord to who all Muslims must show their loyalty to. It is lack of faith from the secularists in their rulers and it is also greed for power that they crave democracy which is the blood of modern nation states. Germans adored Hitler even though the ruthless dictator to others, he was, because German had faith in him and he fulfilled German aspirations and raised the German head high which the treaty of Versailles had cut of. Unlike Fascism or Democracy Islam demands from us obedience to our ruler and demands the rulers to love the people.

There are lot of Islamic parties today in the world scattered through Muslim lands but some of them lacks motivation or lacks a real sense to pursue establishment of caliphate. There is lack of interconnectivity among them and organization is not multilayered and fragile. On the other hand Muslims have been deeply deceived by the hoax of western democracy and western pursuit of freedom. They think through change of values will come the change in economy and technology but they are wrong. Modern nation states developed through the efforts of it’s people and by same analogy it is meaningful that we Muslims develop ourselves and lands through our effort which has it’s root sowed in belief in caliphate and ummah.

Conclusion

As I have discussed it is clear that certain conditions must be fulfilled for islamic caliphate and ummah to

adapt with the modern nation states which are being:

a) Muslim acceptance of the Islamic caliphate

b) Each state subservient to the Islamic caliphate more like federal states and the caliphate similar to EU in in structure superseding provincial laws of the Muslim states, but yet extending more power over such provinces

c) Flexibility in adopting any Islamic madhab throughout the provinces and striking a balance between the Caliphate madhad (similar to federal laws) with the provincial madhabs (similar to federal state laws).

These three conditions if fulfilled Muslim states can exist as well as the islamic caliphate, Allah willing. The only requirement is the will to submit and the will to form. We have seen what lack of will from the security council to progress peace did to the world, and we also see what lack of will from Muslim rulers is doing to Ummah and the doctrine of Islamic caliphate. What separates us from matters of universe is our will to act.

———–
End Notes

iSuch a definition is a working one: “All attempts to develop terminological consensus around nation resulted in failure”, concludes Tishkov, Valery (2000).
iiRebecca M M Wallace & Anne Holliday, International Law (2nd Ed), pg 49 Sweet & Maxwell, London
iiiFor example see Arbitration Commission of The European Conference on Yugoslavia 1991, Opinion Number 1.
ivSergio Romano. An Outline of European History 1789 -1989. New York and Oxford: Berghahn Books, 1999
vMotyl. Encyclopedia of Nationalism, Vol. 1: Fundamental Themes, 2001, p. 251
viKymlicka, Will. (1995). Multicultural Citizenship: A Liberal Theory of Minority Rights. Oxford: Oxford University Press. p. 16.
vii2:30 Al-Baqarah Tafsir Zamakhshari by Imam Zamakhshari.
viii see Ibn Katheer in Stories of the Prophets.
ixImam Mawardi, Book of Imamah Pg 1, in Al-Ahkam Al-Sultaniyya.
xIbid
xi4:59 Holy Quran
xiiThat needs separate discussion under “rebellion in Islam”
xiii Imam Mawardi, Book of Imamah Pg 3, in Al-Ahkam Al-Sultaniyya.
xiv See “conditions of Adalah”, Sunnah, in Rauda An-Nazir by Imam Ibn Qudama Al-Maqdasi.
xvImam Mawardi, Book of Imamah Pg 3, in Al-Ahkam Al-Sultaniyya.
xviImam Nawawi, Book of Imamah, Minhaj Al-Talibeen
xvii Ibid
xviii Imam Mawardi, Book of Imamah Pg 8, in Al-Ahkam Al-Sultaniyya.
xixHadith narrated by Anas ibn Malik in Bukhari with wording in passive tense “…were made your chief…”
xxHadith Narrated by Ubada Ibn Samit in Bukhari and Muslim
xxiAl-Imran 110 and Al-Nahl 120.
xxii Imam Mawardi, Book of Imamah Pg 2, in Al-Ahkam Al-Sultaniyya.

http://www.orthodoxislam.org/modern-nation-states-and-islamic-caliphate-and-ummah.html