‛Abd al-Hamid Ibn Badis (1889-1940)
I've written before about the Rightly Guided Caliphs, the first four caliphs following the Prophet Muhammad as leader of the Muslim community (umma). They were, with the time of their caliphates: Abū Bakr (632-634 CE); ‛Umar ibn al-Khaţţāb (634-644); ‛Uthmān ibn Άffān (644-656); and, ‛Alī ibn abī Tālib (656-661).
These four caliphs are assumed especially in the Sunni tradition to have established important precedents for Islāmic conduct. All four of them had known the Prophet and had worked closely with him, and were thus known as being among the "Companions of the Prophet". Naturally, their association with the Prophet added to the authority of their precedents as rulers.
The Shi'a, the "partisans of ‛Alī", recognized only ‛Alī among the four as a legitimate caliph. The Shi'a tendency emerged from the first Muslim civil war (Fitnah), which began during ‛Alī. Today about 10% of the world's Muslims being Shia. For centuries, the Shia would be intermixed in the same communities as the majority Sunni. The present-day geographical concentrations of Shia in Iran and certain areas of Iraq, Saudi Arabia and Lebanon was a later development.
The following speech attributed to Abū Bakr from 632, "The Principles of Governing in Islam" appears in Oxford Islamic Studies Online. It is an English translation taken from al-Hihab (The Meteor) of January 1938, a newspaper of an Algerian Islamic reformer, ‛Abd al-Hamid Ibn Badis (1889-1940). The translation from the Arabic is by Emad Eldin Shahin. Shahin says in his introduction that the article, which apparently consisted almost completely of Abū Bakr's speech, "reflects Ibn Badis's nonconventional response to the abolition of the Ottoman caliphate [as a consequence of the First World War], which he held responsible for the repression and injustice of Muslim societies."
I've bolded passages that refer to requirements of rulers to act justly and to the need for the people to provide legitimacy and consent to the rulers based on the justice of their actions. The italicized passages are in the Oxford Islamic Studies Online original:
O People. I was entrusted as your ruler, although I am not better than any one of you.Tags: abu bakr, albelhamid ben badis, islam
Support me as long as you see me following the right path, and correct me when you see me going astray.
Obey me as long as I observe God in your affairs. If I disobey Him, you owe me no obedience.
The weak among you are powerful [in my eyes] until I get them their due. The powerful among you are weak [in my eyes] until I take away from them what is due to others.
I say that and seek God's forgiveness for myself and for you.
The First Principle
No one has the right to assume any of the affairs of the umma [Muslim community] without their consent. It is the people that have the right to delegate authority to the leaders and depose them. No one can rule without the consent of the people. Rule cannot be bequeathed nor be based on personal considerations. This principle is derived from [Abu Bakr's] statement, “I was entrusted as your ruler.” In other words, I was entrusted by others; and that is “you.”
The Second Principle
He who manages an affair of the Muslim community should be the most qualified in this matter and not the best in behavior. If two persons share good behavior and qualifications, but one is better in good behavior and the other is more qualified for this matter, the one who is better qualified should be entrusted with this matter. Undoubtedly, qualification varies with the circumstance and the position. Someone might be qualified in a specific matter and position for possessing the characteristics suitable for that position. In this case, he should be entrusted with that post. On this basis, the Prophet appointed ‘Amr ibn al-‘Asi [died 663] to lead the army of Dhat al-Salasil and supported him with Abu Bakr, ‘Umar [ibn al-Khattab, died 644], and Abu ‘Ubayda ibn al-Jarra [circa 581–639], who were all under his command, though they were better than him. He also appointed Usama ibn Zayd [died circa 673] as a commander of an army that included Abu Bakr and ‘Umar. This principle is based on the statement, “although I am not better than any one of you.”
The Third Principle
Assuming the affairs of the people does not make the ruler better than anyone else. Preference is achieved through merit and deeds. If Abu Bakr was better, this was not due to his rule over them but because of his deeds and stances. This principle is also derived from the statement, “although I am not better than any one of you.”
The Fourth Principle
The people have the right to monitor those in charge because they are the source of their authority and preserve the right to appoint or depose them.
The Fifth Principle
The responsibility of the people toward the ruler lies in offering assistance to him as long as they see him following the righteous path. They must support him, as they share with him the responsibility. This principle, as the previous one, is derived from the statement, “Support me as long as you see me following the right path.”
The Sixth Principle
The responsibility of the people also lies in advising and guiding the ruler and pointing the righteous path to him when he deviates. The people must correct him if he misbehaves. This principle is based on the statement, “correct me when you see me going astray.”
The Seventh Principle
The people have the right to question the rulers, hold them accountable for their actions, and make them follow the choice of the nation, not their own. The people have the final word, not the rulers. This is a result of the people's right to hold the rulers accountable and correct them when they are convinced that the rulers are not following the right path, and cannot convince the people otherwise. This is derived form the statement, “correct me when you see me going astray.”
The Eighth Principle
Any one who assumes an affair of the people should declare the plan he is going to follow, so that the people become aware of and agree to it. He is not allowed to lead the people as he pleases, but as they please. This principle is based on the statement, “Obey me as long as I observe God in your affairs.” His plan is the obedience of God. The people knew what the obedience of God in Islam entailed.
The Ninth Principle
The people will not be governed except by the law they voluntarily adopt, the law that realizes their interest. The rulers only implement the will of the people, who obey the law because it emanates from them, not because it is imposed on them by any other authority, be it of an individual or of a group. This makes the people feel free to manage their affairs on their own. Everyone in society will share this feeling. Freedom and sovereignty are a natural and legitimate right of every individual in society. This principle is derived from the statement, “Obey me as long as I observe God in your affairs. If I disobey Him, you owe me no obedience.” Thus, they do not obey the ruler per se, but they obey God by following the law that He has revealed and that they have accepted for themselves. The ruler is delegated by them to apply this law to everyone, including himself. Therefore, if he deviates, he forsakes their obedience.
The Tenth Principle
All are equal before the law, regardless of their strength or weakness. The law should apply to the strong without any fear of their strength and to the weak without leniency for their weakness.
The Eleventh Principle
[The state] should protect the rights of the individuals and groups in society. The rights of the weak should not be forsaken because of their weakness, and the strong should not usurp the right of anyone because of their strength.
The Twelfth Principle
[The state] should maintain a balance in society when protecting the rights of its members. The dues should be fairly taken from the strong without transgression or weakening them. The rights of the weak should be granted to them without favor due to their weakness, so that they do not transgress against others. This principle and the two previous ones are derived from the statement, “The weak among you are powerful [in my eyes] until I get them their due. The powerful among you are weak [in my eyes] until I take away from them what is due to others.”
The Thirteenth Principle
There should be a realization of a mutual responsibility of the ruler and the ruled in reforming society. They should always feel the need to continue working strenuously and seriously, and seek forgiveness from God, who oversees them. This is based on the statement, “I say that and seek God's forgiveness for myself and for you.”
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