Tuesday, September 1, 2015

22 fundamental principles of an Islamic State compiled and endorsed unanimously by eminent Islamic scholars of all schools of thoughts

22 fundamental principles of an Islamic State compiled and endorsed unanimously by eminent Islamic scholars of all schools of thoughts, ethnic groups and communities including Sunni, Shia and Ahl-E-Hadis of undivided Pakistan in 1951.

Published by Late Hazrat Maulana Ehteshamul Haque Thanavi and translated into Bangla from Urdu by Late Hazrat Maulana Atahar Ali, President of Jamiat-E-Ulama-E-Islam in 1952.

All Pakistan multiparty conference of Islamic scholars was convened under the chairmanship of Late Hazrat Maulana Syed Sulaiman Nadvi r.a. from 21 to 24 January 1951 corresponding 12 to 15 Rabius-Sani Hijrah in Karachi, Pakistan.  The 22 fundamental principles of Islamic governance adopted unanimously at the conference were published for the information and benefit of the general population.


THE 22 PRINCIPLES

01.    The creator, sustainer and sovereign ruler of the universe is Allah the Almighty.

02.    The entire state law and order should be legislated on the basis of Holy Quran and Hadith (Prophetic Traditions) and no law should be constituted or decree or ordinance should be promulgated which is contrary to the Holy Quran and Sunnah of the Prophet. 

Note: If there is any law already in force in the country from the past which is contrary to the Holy Quran and Hadiths, in such case categorical announcement should be made that those anti-Shariah laws would be gradually revoked at the earliest possible period of time.

03.    Governance of the state will not be constituted and dispensed on basis of geographical boundary, language, race and color or any hedonistic or materialistic principles. Rather the state will be ideological and the foundation of the ideology should be Islam and Islamic Way of Life.

04.    The compulsory responsibility of the Islamic State will be the establishment and enforcement of the good deeds and abolishing the evil deeds as ordained in the Holy Quran and Prophetic Sunnah. Uphold and maintain the uniqueness and supreme human values of Islam. Make provisions for compulsory Islamic education for the universally recognized Muslim communities according to their own schools of thoughts and practices.


05.    It is an essential imperative of the Islamic State to exert every effort to increasingly consolidate and strengthen the unity and solidarity among all Muslims worldwide by preventing the manifestation of differences emanating from the traditions of injustice, language, ethnicity and any form of geographical superstitions of the ignorant age and fortify and strengthen the supreme values and characteristics of the unity of Muslim nation.

06.    The Islamic Government, irrespective of religion, cast and creed etc, should undertake the responsibilities of guaranteeing the essential amenities of human life such as food, clothes, housing, medical services, health and education to all people of the country. The Islamic state should take the complete responsibilities for the handicapped, people unable to earn livelihood, suddenly became unemployed or cannot earn livelihood due to sickness or any other acceptable reasons.

07.    All the citizens of the state will enjoy all those fundamental rights guaranteed by the Islamic Shariah. Those rights will include but not limited to the protection of life and properties and honor and dignity within the periphery of the legal system, religious freedom, freedom of exercising different schools of thoughts, freedom of observing religious prayers and rituals, individual rights, freedom of expression, freedom of movement, freedom of earning livelihood, freedom of meetings and rallies, equity in the rights of socio-economic development and equity in the rights of enjoying benefits from charitable institutions.

08.    None of the above-mentioned rights can be taken away from any citizen without any plausible legal ground. None should be punished for any alleged crime without allowing the privilege of proving innocence with the aid of defense counsel and none should be punished without the specific judgment of the court.

09.    Universally recognized Muslim communities will have the unrestricted freedom and liberty to lead their lives within the jurisdiction of the legal system of their respective schools of thoughts. All Muslim communalities will have the right to impart Islamic education to their followers according to their respective schools of thoughts. They will possess the rights to propagate their religious ideologies. They will enjoy the fullest rights to conduct the judicial proceedings by their own judges according to the laws of their schools of thoughts on their individual and social problems.

10.    The non-Muslim citizens of the Islamic state will enjoy the fullest rights to observe their religious rituals, perform cultural activities, pursue religious education, organize social events and functions. They will also have the rights to avail of the judicial proceedings on their individual and social issues according to their religious laws and customs.

11.    Strict adherence to the commitments made and treaties signed with the non-Muslim communities within the jurisdiction of the Islamic Shariah (laws) will be the irrevocable compulsion of the Islamic Government. All the citizenship rights described at section 7 will be equally applicable for all Muslim and non-Muslim citizens of the state.

12.    The heads of state of the Islamic Government should be a Muslim Male person and his sagacity of governance, God-fearing virtues, working skills and expertise, sense of justice and impeccable wisdom should be dependable to the people and their representatives.

13.    The leader of the state will be essentially responsible for maintaining the law and order of the state. However, he will have the authority to delegate some portion of his obligations to other reliable individuals or organizations.

14.    The governance system of the head of state cannot be autocratic, rather it should be consultative governance according to the guidance of the Islamic Shariah.

15.    The head of state shall not have the authority to unilaterally govern the country by completely or partially suspending the constitution without advices of the consultative assembly.

16.    The election system through which the head of state is elected by electoral majority by the people or their representatives can expel/overthrow him through the same electoral majority.

17.    In the citizenship right, the head of state shall be treated in the equal status of the general people. He will not have preferential treatment and be above the general law of the country.

18.    Similar legal system and procedure shall be applicable for the state authority, public servants as well as the general people and the general court shall enforce the same legal system on all of them.

19.    The judiciary shall be completely separate and independent from the executive, so that the judiciary cannot be influenced by the executive.

20.    Propagation of the views destructive to the core foundation of the state will be absolutely forbidden.

21.    Different provinces and regions of the state will be considered as the integral part of the state. It will not be considered as different fragments based on the tribe, color, language and geographical boundaries. For convenience of administrative discipline, the state will be organized in different divisions. For administrative expediency, necessary operational power will be vested on the provinces retaining absolute allegiance to the central government, but provinces will not have the right of cessation from the center. 

22.    No meaning or interpretation of the constitution will be acceptable, which is contrary to the Holy Quran and Sunnah.


The following eminent Islamic scholars and dignitaries attended the meeting:

1.                Hazrat Maulana Syed Solaiman Nadvi – Chair
2.                Maulana Syed Abu A’ala Maudidi, President of Jamaat-E-Islami, Pakistan.
3.                Hazrat Maulana Shamsul Afghani – Minister, Kalat State
4.                Hazrat Maulana Muhammad Badre Alam – Teacher of Hadith, Darul Uloom Islamiah, Ashrafabad, Tashullah Iar, Sindh, Pakistan
5.                Hazrat Maulana Ihteshamul Hoque – Principal, Darul Uloom Islamiah, Ashrafabad, Sindh, Palistan
6.                Hazrat Maulana Mohammad Abdul Hamed Quadri Badayuni, President – Jamiatul Ulama Pakistan, Sindh
7.                Hazrat Maulana Mufti Mohammad Shafi Saheb, Counsellor, Talimat-E-Islam Board, (Pakistan General Assembly)
8.                Hazrat Maulana Muhammad Idrees Saheb, Shayekhul Jamiah Abbasiah, Bhawalpur, Pakistan
9.                Hazrat Maulana Kahair Mohammad Saheb, Principal, Madrashah Khairul Madaris, Multan City, Pakistan
10.           Hazrat Maulana Mufti Mohammad Hasan Saheb, Principal, Madrashah Ashrafiah, Neela Gombad, Lahore, Pakistan
11.           Hazrat Maulana Ameenul Hashnat, Peer Saheb, Manki Shareef, South West Frontier Province, Pakistan
12.           Hazrat Maulana Yousuf Binnuri, Shayekhut-Tafseer, Darul Uloom Islamiah, Ashrafabad, Sindh, Pakistan
13.           Hazrat Hazi Khademul Islam Mohammad Ameer, Khalifah, Hazi Tarangajai, Mojahedabad, Peshwar, South West Frontier Province, Pakistan
14.           Hazrat Quazi Abdus-Samad Sharbazi, Quazi of Kalaat, Beluchistan, Pakistan
15.           Hazrat Maulana Muhammad Atahar Ali Saheb, President, Jamiate Ulamae Islam, East Pakistan (Bangladesh)
16.           Hazrat Maulana Abu Zafar Mohammad Saleh, Ameer-E-Jamaat, Hizbullah, East Pakistan (Bangladesh)
17.           Hazrat Maulana Raghb Ahsan, Vice President, Jamiate Ulamae Islam, East Pakistan (Bangladesh)
18.           Hazrat Maulana Habibur Rahman, Vice President, Jamiatul Madareseen, Sharshina, East Pakistan (Bangladesh)
19.           Hazrat Maulana Muhammad Ali Jalandhari, Mazlis-E-Ahrar-E-Islam, Pakistan
20.           Hazrat Maulana Daud Gaznavi, President, Jamiat-E-Ahl-E-Hadis, West Pakistan
21.           Mufti Zafar Hossain, Shiah Mujtaheed, Member, Talimat-E-Islam Board, Pakistan General Assembly
22.           Mufti & Mujtaheed Hafez Kefayet Hossain, Shia Institution, Lahore, Pakistan
23.           Hazrat Maulana Muhammad Islam Saheb, Secretary, Jamiat-E-Ahl-E-Hadis, Gujranwala, Pakistan
24.           Hazrat Maulana Muhammad Habibullah, Jamiah-E-Deeniah, Darul Huda, Terhi, Khairpur, Meer, Pakistan
25.           Hazrat Maulana Ahmed Ali, Ameer, Anjuman-E-Khuddamuddin, Shiranwala Darwaja, Lahore, Pakistan
26.           Hazrat Maulana Muhammad Sadeque, Principal, Mazharul Uloom Madrashah, Khaddha, Karachi, Pakistan
27.           Professor Abdul Khaleque, Member, Talimat-E-Islam Board, Pakistan General Assembly
28.           Hazrat Maulana Shamsul Hoque Faridpuri, Jinjira Jame Mosque, Dhaka
29.           Mufti Muhammad Sahebdad, Sindh Madrashatul Islam, Karachi, Pakistan
30.           Hazrat Maulana Muhammad Zafar Ahmed Ansari, Secretary, Talimat-E-Islam Board, Pakistan General Assembly
31.           Hazrat Peer Saheb Muhammad Hashem Muzaddedi, Tando, Sayendad, Sindh, Pakistan