In order to regulate the working of a state, it is imperative that there be a set of rules and laws which its citizens must follow. Countries all over the world enact laws for the betterment of its people and to safeguard their life, wealth and honour against internal as well as external threats. The question arises that who should be given the right to formulate and enforce these laws? Should a single individual be given this or should a group of people be appointed for this purpose? Furthermore, what should be the source of these laws? In this article, we shall attempt to answer these questions.
Islam, we all know, has given guidance to the individual as well as to the collectivity he constitutes. Just like to be a Muslim it is essential for an individual to follow the path shown by Islam, in the same way a State can only then be called Islamic when it is subservient to the laws prescribed for it by the Almighty. This is why the Prophet Jesus (sws) called a Muslim State "the kingdom of God", for in such a state, God should be considered the true King and it should be accepted that no one shall have a say in matters decreed by Him. In all such cases, the state must submit to Divine Guidance, which entails obeying the Book of Allah as well as the Sunnah of the Prophet Muhammad.
Therefore, in an Islamic State no law can be enacted contrary to the Qur’ān and Sunnah or one which does not take into consideration the guidance provided by them. The believers indeed have a right to disagree with those in authority, but they can have no disagreement with God and His Prophet (sws). In fact, if such a situation arises even with those in authority, the decision must be made in the light of the Qur’ān and Sunnah. The Qur’ān says:
"Obey God and the Prophet and those of you who are in authority, and if you disagree among yourselves in any matter, refer it to God and the Prophet, if you are believers in Allah and the Last Day. This is better and more seemly as regards the consequences." (4:59)
If any State refuses to accept the above mentioned position of God and His Prophet (sws), then according to the Qur’ān this is Kufr, Zulm and Fisq:
"And those who do not decide according to the law revealed by God are Kāfirs." (5:44)
From the above mentioned verses, the first thing that comes to the forefront is that in a Muslims collective life the central position is given to obedience and faithfulness to Allah and Muhammad. In an Islamic Society, a Muslim does not have to follow a law of his country if this results in disobedience to God and His Prophet (sws).
The second thing highlighted in this verse is that the citizens of an Islamic state are also supposed to be obedient to the people who are "sāhib-i-amar" ie those who are the rulers of the country. However, If there is some difference of opinion about some law, then the rulers must seek guidance from the Holy Book of Allah and the Sunnah of The Prophet (sws). The deciding point in this disagreement would be the Qur’ān and Sunnah and no ruler (sahib-e-amar) has the authority to intervene. In other words, it can be safely said that these verses clearly state that in an Islamic State the law making should be done through the book of Allah and sayings of the Prophet.
Therefore if we want to make our great country an Islamic State then the first thing would be to clearly write in its Constitution that the Qur’ān and Sunnah shall be the supreme law of the state to which the constitution itself and the parliament must submit.