INTRODUCTION

The topic of structural system of Islamic State is basically important as to

measure the applicability of an Islamic State. This is however need to be notified that
though we have to encounter the questions from the wertern observers as to the
realization and applicability of Islamic state, the necessary part of the Islamic state is not
in the structural system physically, however it is important of the spiritual part of the
structural system, the spirit that strengthen the state physically.

So realizing that, most of the discussion of Islamic State among the Islamic Jurist,
they did not come out with a solid structural system for an Islamic State. They however
laid down the fundamental principles that is needed in building a state. Thus, the
discussion today would also cover several fundamental principles of an Islamic State, and
we will be discuss on the practiced of the Prophet during the building of Medina and also
The Right Guided Caliph as to look at the changes between the two periods. Islamic State
is not something about a fixed form of state, it is a flexible form upon the Muslim on
what type of state thus an Islamic state have to be as long as it is accordance with the
fundamental principal laid down from the Quran, Sunnah, the practices of Sahabah and
the Muslim Jurist.



CHARACTERISTICS OF ISLAMIC STATE

I. Fraternity (Citizenship):
In accordance with the famous verse of the Holy Quran The believers are but a single
brotherhood. This characteristic included all type of human regardless of their races,
colours, languages or ethnics, they are all considered as members of a single brotherhood.
They also hold equal right and bear equal responsibilities in running the state. The Quran also
says, We made you into nations and tribes so that you may recognize each other. Verily the
most honoured among you with Allah is he who is most righteous of you. This verse
emphasised all regional and tribal distinctions are merely for the sake of convenience. The
flowering of Islamic fraternity was during the occasion of Hijra when the Prophet knitted one
Muhajirin and one Ansar together in the brotherhood.
II. Sovereignty:
The concept of human sovereignty is completely absent from the political of Islamic. The
Holy Quran proclaims: It is only for Allah to command and to Allah belonged the
dominion of the heavens and the earth. Allah also mentioned in Quran, Oh David, We did
indeed make thee a Khalifa on earth so judge thou between men in truth and justice This
introduced the concept of Niabat Ilahi which are:-
a) The next to Allah the sovereign power resides in the people.
b) That all are equal before the law
c) That the exercise of power is a trust
d) That the power has to be exercised in accordance with the Commandments of
Allah and His name.
e) That everyone has to be exercised with power is accountable for his actions.
f) That no one is above the law; none not even the Khalifa enjoys any immunity.
The Hindus, the Pharaohs of Egypt, the Christinians of Europe hold the concept of the
sovereign was the source law and it was religious duty to obey his command. However, in
Islamic system, the king was not the source of law, therefore they are not above the law.



III. Liberty:
The greatest of individual liberty is prescribed in the Kalimah Syahadah. There is no god
but One God excluded all other authorities. A Muslim is free as he is not required to obey
any other authority but that of God. In other words, this would mean that he is only free
within limits, prescribed under Shariah. Freedom of expression and liberty of conscience are
the two cornerstones of Islamic polity. Even an ordinary citizen can criticise the highest in the
state and call him to account. However, license in the name of liberty is not allowed; none
enjoys the right of slandering people or make fun of authorities. However, it is the obligation
of Islamic state not to deprive the citizen of the liberty Islam confers upon him without
proving his crime in the court of law and without giving him full opportunity and facilities for
his defence.
IV. Justice:
There are many verses in the Quran talks about justice which possesses a wide range of
definition. According to Islamic notion, the head of the Islamic state has a two-fold judicial
function i.e. the positive and the negative. The positive functions related to establishment of
peace in the state, maintenance of concord among the various sections of the people and the
protection of the weak against the strong. While the negative functions concern on
punishment of the wrong-doer and the restitution of the injured party. Because of this, the
head of state has to appoint Qadis in order to dispense justice equitably and speedily. Since
Qadis court is regarded as Gods court, no preferential treatment is to be given even to the
highest in the state.
The secular state holds a notion which says that The king can do no wrong, which in the
Islamic State does not hold this. No one can claim for exemption from appearance in the
court. Recoding of deposition of influential persons through commission is not allowed by
Islamic law. In term of criminal, the Islamic State emphasises more on prevention of crime
rather than punishing the culprits after the offences are committed. The authorities also
allowed learned scholars to give free and legal advice to all and sundry. This is the equal
opportunity is applied where every person has to know the law.


V. Dual Responsibility:
Everyone in the country, no matter they are ordinary citizen or the rulers, they all have dual
responsibilities which are to God and to the authority. If the person has no fear to God, it is
the weakest point in all modern states. Usually in the communist state, people are devoid by
moral conscience which they can do any wrongs as far the offences are unnoticed by the
authorities. However, in Islamic State, everyone must dare not to commit any wrong because
they know the fact that God has vigilant eye over them and they will be no escape in
punishment.
The population in Islamic State is divided into two; believers and unbelievers. There are two
types of believers which are; first, those who are believe in all the revealed religions and their
prophets and also Islam is the last religion and Prophet Muhammad as the last prophet. The
second is the followers of the revealed books who believe in the existence of God but do not
believe in Islam or its ideology when such people agree to live within the jurisdiction of an
Islamic State; their relations are guided in accordance with the famous in the Quran, No
compulsion in matters of faith. The Islamic State regards them as Dhimmis or its own
responsibility and guarantees them full liberty of conscience protection of property, life of
freedom of religious belief. In order to defend the frontiers of the Islamic State and to
promote the cause of its ideology, the military service is made compulsory upon the able-
bodied Muslims without any exceptions, in return they are guaranteed by allowance from the
state. While the unbelievers are people who do not believe in the existence of God or there
are any partners associate with God. They also did not believe with the Hereafter. The
followers of this Godless are fundamentally opposed to all the believers of God and always
have perpetual war to Islam. They tend to insult Islam in whatever means they could like
saying all Muslims are terrorist and make a caricature of Prophet Muhammad in order to
degrade his value. As described in Quran, this Godless cult is known as fitna (mischief)
which must be rooted out from the Universe so that the faith of God may flourish.
VI. Guiding Principles
The legitimacy of an Islamic State which is a religiouss claim to a Muslims loyalty and
allegiance are rest on the fundamental injunction of the Quran,

O you faithful! Obey God and obey the Apostle and those in authority from among you.
1

This verse laid down several important principles relating to the nature of an Islamic State.
First: The foremost duty of such a state consists in enforcing the ordinances of the shariah
in the territories under its jurisdiction. This have been explained further in the verse,

Those who do not judge by what God has revealed those indeed are the evildoers
2
.
Hence, no state can be deemed genuinely unless it follows of the Shariah bearing.
Second: That principles must forever remain basic in the structure and the working of
an Islaimc State, but naturally it cannot supply all the laws may be needed for the purpose of
administration. So, we will have to supplement the syari stipulations relating matters of
public concern that would run counter to the spirit of shari law as,

Whenever God and his Apostle have decided a matter, it is not for a faithful man or woman
to follow another course of his or her own choice
3
.
Third: It is an obedience to the government. After the Quranic comman, Obey God and
obey the Apostle, is immediately followed by the words, and those in authority from
among you that is from among Muslim community. However that obedience to
government ceases to be binding on community, as stated by the Prophet:
. ,
Hearing and obeying is binding on a Muslim, whether he likes or dislikes the order so long
as he did not ordered to commit a sin; but if he is ordered to commit a sin, there is no hearing

1
Quran 4:59
2
Ibid, 5:47
3
Ibid, 33:36
and no obeying.
4
Thus, acting the communitys allegiance to those in authority among you
is conditional upon those authority in obedience to God and His Apostle.
Fourth: the principle of popular consent presupposes that the government as such comes
into existence on the basis of the peoples free choice and is fully representative of this
choice. This is yet another aspect of the Quranic expression from among you. It refers to
the Muslim community as a whole
5
.
So basically the guiding principles is from the command of God, whether through
Quran, the Apostle, or other sources. As long as it is not contravene from the Shariah Law,
then the act of such state is legal as to Islamic perspective.
VII. The Centralization
This is another feature of Islamic State in matters of legislation. The nature of Islamic State
demands a uniformity in legislation. This feature is for the smoothness of the administration
that it might be a contradiction in the administration of the whole state with the
administration of provinces. This feature suppose that the Central Legislative Assembly
would legislate the matters touching on the religious aspects of life and the common
problems of the state, such foreign policy, taxation, justice, constitution and etc. While for the
temporal administration is left to the provincial authorithy with the supervision from the
central authority. This temporal administration is such as provincial revenues and
expenditure.


44
Al-Bukhari and Muslim.
5
Muhammad Asad, State and Government in Islam, pp. 34-36
MEDINA-TUN-NABI (The City of The Prophet)
The condition at time of Hijr is one of the utter chaos. There was no administrative
machinery to bind the tribes together and even worse that they were actually weary of their
traditions of unending tribal wars. Banu Aws and Banu Khazraj were divided in to twelve
clans and the Jews into ten clans which each clans was fully autonomous. The first task is to
teach new converts principles of the new faith. Hence, the first thing undertaken by the
Prophet was to construct a mosque where the community could be collected and be taught the
practical lesson of fraternity, equality, liberty and justice. Thus, the new community was
welded into a disciplined group with a common ideology. So the follower got together as
been shaped according to the verse,

The believers are but a single brotherhood, so make peace and reconciliation between your
brothers. And fear Allah that you may receive mercy. The Muhajirs, Aws and Khazraj are
paired together as brothers in Islam. Each of 150 Muhajirs adopted by an Ansar brothers as a
brother with whom he was agreeable to share with his wealth but, the Muhajirs, not wishing
to be a burden on their hosts, were content to engage themselves invarious trades with the
help of their Ansar brothers.
After organizing his followers into a social polity, the prophet applied his mind to the
essential task of providing protection to the newly formed community from the Quraisy who
were still bent upon destroying Muslims. As to avoid the external threat, it was found
necessary to consolidate the position of the community within Medina itself as it was also
habituated by the Jews. Making friendship with the Jews through treaties of mutual securities
and defences as guaranteeing them equal civil rights, freedom of religion and mutual
protection against external aggression in return for their recognition of the Prophet as their
paramount executive, military and judicial authority.
However, the Prophet did not content to leave all this in nebulous state, so a charter
was drawn up recording the terms of agreement and the rights and obligations of the
respective contracting parties. This which became the Constitution of Medina. The first part
consisted of 23 article dealing with matters concerning the Muhajirs and Ansar and those
who were attached to them and crusaded to them. The second part dealt with the relationship
between the Muslim and the Jews. Basically this charter is all about to accept the Prophet as
the Paramount authority in all matters of administrative, judicial and military, and obeys his
lawful orders. So he was the commander of the combined army, the executive head of the
state and the final court of appeal but not a Ruker in any sense of sovereignty over universe,
but according to Islam which vested upon Allah alone.
The Muslim formed a single unit in this political community, separate and distinct
from the rest, while the Jews as a body to constitute the other unit. The two together were to
form a federation for the purpose of war and peace and defence of Medina. Each unit enjoy
complete freedom of religion and governed by its owned laws, customs and tradition except
the practiced of blood revenge, counter revenge and no in terference on basis of inship or
tribal affinity was permitted in the affairs of state.
The main characteristics from the city of the Prophet that can be gathered are;
That it was an institution established through a democratic process namely, the free
will and accord of the people desiring to form the same and to accept the Prophet as
the paramount authority,
That it was constitutional organisation set up under a written charter,
That it was a federal structure comprising two communities, the Muslim and non-
Muslim, and not two territories,
That it was an ideological state based on the concepts and fundamental principles
embodied in the Quran.
6




6
Shahid Ashraf, Political Culture of Islam, Governing Culture, p.148-151.
CALIPHATE TIME (KHULAFA AR-RASYIDIN)
A caliphate is an Islamic state led by a supreme religious and political leader known as
a caliph i.e. "successor" to Muhammad and the other prophets of Islam. The successions
of Muslim empires that have existed in the Muslim world are usually described as
"caliphates". Conceptually, a caliphate represents a theocratic sovereign polity (state) of the
entire Muslim faithful (the Ummah, i.e. a sovereign nation state) ruled by a single caliph
under the Constitution of Medina and Islamic law (sharia).
7

After Prophet Muhammad (pbuh) died the next model of the structure of the state prevailing
during the period of the Khulafa ar-Rasyidin. The basic structure remain the same but certain
changes had been introduced to meet the changes because of the expansion of the state to
Palestine, Syria, Iraq, Egypt and even further.
8

The question whether Muhammad appointed his successor is one on which there has been
much difference of opinion amongst Muhammadans. Syed Amir Ali says: There is
abundant of evidence to show that many a time Muhammad had indicated Ali for the
Vicegerency. However, this is the Shiah view which the Sunnis totally rejected the idea.
The fact was Muhammad appointed no successor.
9
According to a hadith (confirm by
Bukhari and Muslim), the Holy Prophet reported to have said:
The affairs of the state of the Bani Israel used to be in the hands of their prophets and one
prophet died another succeeded him; but since after me there is no other prophet so in the
near future there will be Khalifas after me and many of them. When asked if he would like
to give any instructions about them, he said: Take the oath of allegiance at the hand of him
who is chosen as the first (the most fit), by the Jumhoor (People)
The method suggested by the Holy Prophet (pbuh) was the democrative method of election
by the people. But since the Khalifa had to be a person of undisputably high qualifications,
the method adopted for the selection of the first Khalifa was first to get the approval of the
Council of Senior Companions of the Holy Prophet and put him up for the election by the

7
Wikipedia, Caliphate, http://en.wikipedia.org/wiki/Caliphate
8
Syahid Ashraf, Political Culture of Islam, page 156
9
The Rev. Canon Sell, Al-Khulafa Ar-Rashidun or The Four Rightly-Guided Khalifas, 1913, The Christian
Literature Society for India, London, Madras and Columbo
entire community. Umar pointed out that among the one and the fittest person in community
was Abu Bakar.
10

I. Khalifa Abu Bakr
During the Abu Bakrs reign, he exterminated apostasy, and crushed insurgency against the
payment of Zakaat by some Arab tribes with resoluteness and determination.
11
Not much
things had been executed during Abu Bakrs reign because he reigned for only short period of
time which was from 632-634 hijra. Abu Bakr, during his last illness, proposed the name of
Umar before the council of prominent Companions. When he found out that they
unanimously agreed, he convened a general assembly of the people and made known the
unanimous view of the prominent Companions. This was accepted with the acclamation and
all the people present took an oath of allegiance.
12

II. Khalifa Umar
The Shoora
The model left by the Holy prophet was the establishment of a Majlis Shoora or Advisory
Council for meeting the Quranic injunction to act only after consultation. Shoora was not
only consisted by Khalifa, but there were also members of Muhajirin and Ansar which made
the Shoora as an important body. All matters of administration had to be placed before the
shoora which decided by the majority of votes after full discussion. The voting was not on
party basis but each member tried to convince the others by his arguments supported by
Quranic injunctions or hadith.
The Shoora was in effect also the legislature of Islam. No law could opposed to the Quran
and the Sunnah or not in conformity with the principles that could be deduced therefrom but
even within this limit no law-making was possible unless approved by the Shoora in coming
to a decision. Maulana Shibli Nomani maintains that under the Majlis Shoora there was
another body which discussed problem day-to-day administrator. The Khalifa Umar said: the
institution of the khilafat is void without the deliberative council (the Shoora)


10
Syahid Ashraf, Political Culture of Islam, page 157
11
Prof. Shah Manzoor Alam, Khulfa-Al-Rashidin: The Four Rightly Guided Caliphs,
http://www.ummulkitab.com/mednet-monographs/khulfa-al-rashidin-the-four-rightly-guided-caliphs/
12
Syahid Ashraf, Political Culture of Islam, page 157
The Seperation of Power
The reign of Umar can be considered as the glorious among the other Khulafa. There were a
lot of changes happened during his reigned. He introduced the complete separation of the
judiciary. He felt this to be necessary from the nature of things so that power should be a
check to power and all power should not be concentrated in one hand. Thus, as being claimed
by the todays political theories, the Montesquieu who has conceived the theory separation of
power and also the theory of check and balance is totally wrong.
13
Umar also set up the
institution called Ifta to advise the executive and assist the judges as well as the laymen. This
body consisted of capable and trustworthy scholars of law who could give legal opinions.
Administrative Functions
Among the departments under the administrative functions of the state were:
a. Baitul Mal or Treasury
b. Mahasil or Board of Taxes and Revenue
c. Jund or Military Department
d. Educational and Religious Instruction Department
e. Darul Qaza or Judicial Department
f. Ahdas or Police Department
g. Mazalim or the Board of Inspection
h. Ihtisab or the Department of Public Censor
Umar inherited a stable state from his predecessor but faced the acute problem of external
threats from the dominant imperial powers of Persia and Byzantine. He completely
eliminated their threats, expanded the frontiers of the Islamic domain, which emerged
militarily the most powerful state in the region. This led to political stability and economic
prosperity, and enabled Umar (ra) to establish a genuinely welfare Islamic state, ensuring the
well-being of all the people of the state. His administration was transparent, compassionate
with firmness, just and without discrimination and free from corruption.
Before Umar died, he was approached by the prominent Companions to nominate his
successor. He however refused to do so because he said he has no power to do so. He then,
set up a council of regency consisting of the six most important companions (including his

13
Syahid Ashraf, Political Culture of Islam, page 160
son) within three days of his death. The choice fell upon Uthman and the people again
accepted him unanimously. By this time, the state has spread beyond Arabia and so the oath
was also taken in each province in the presence of governors.
III. Khalifa Uthman
14

Uthman also inherited a stable, peaceful and economically prosperous state. This enabled him
to further expand the territorial domain of Islam but territorial expansion created problems,
which Khalifa Uthman could not anticipate. The latter part of his Caliphate was thus marked
for laxity of administrative control, emergence of rebellious tendencies instigated by a crafty
Jew, Ibn Sauda, who fanned factional rivalries among the Arab clans which eventually led to
the tragic assassination of Uthman. It set up a deplorable precedent that a legitimately elected
Caliph could be removed from office by violent means.
IV. Khalifa Ali
15

The assassination of Uthman had adverse repercussion on the Caliphate of Ali, which
eventually led to a vertical split of the Caliphate between Ali and Muawiyyah. Consequently
an acute struggle ensued between Ali and Muawiyyah, in which the former fought to
maintain the supremacy of principles evolved over a period of time on the election of Caliphs
by the Muhajirin and Ansar electors of Madinah. Muawiyyah on the other hand was craftily
trying to establish a dynastic system of Caliphate. It was only after the martyrdom of Ali that
Muavia could succeed in his machinations. The rise of the fanatic and extremist kharaji
movement in the Kufa region complicated matters for Ali, and considerably or: harmed his
efforts to unite the Islamic domain and restore peace, tranquillity and stability.






14
Prof. Shah Manzoor Alam, Khulfa-Al-Rashidin: The Four Rightly Guided Caliphs,
http://www.ummulkitab.com/mednet-monographs/khulfa-al-rashidin-the-four-rightly-guided-caliphs/
15
ibid
REFERENCES
1. Prof. Shah Manzoor Alam, Khulfa-Al-Rashidin: The Four Rightly Guided Caliphs
2. Syahid Ashraf, Political Culture of Islam
3. The Rev. Canon Sell, Al-Khulafa Ar-Rashidun or The Four Rightly-Guided Khalifas, 1913, The
Christian Literature Society for India, London, Madras and Columbo
4. Muhammad Asad, State and Government in Islam
5. Quranul Karim.
6. Sayyid Abul Ala Maududi, The Islamic Law & Constitution, Islamic Publication.
7. Imam Khomeini, Islamic Government: Governance of the Jurist, The Institute for
Compilation and Publication of Imam Khomeini's Works.
8. Wikipedia, Caliphate, http://en.wikipedia.org/wiki/Caliphate