The Form of American and Islamic Government

The system of government of the United States of America begun as an experiment in

autonomy and democracy in 1776. The United States is defined as a constitutional
federal republic. The United States is established on a Constitution which is the
ultimate law of the land. The Constitution not only presents the composition for how
the federal and state governments are constructed, but also lays down fundamental
restrictions on their powers.

The American government may seem simple and umcomplicated as the Congress
makes the laws and the President implements them. A “republic” is a form of
government in which the people has the power to elect representatives to exercise that
power. As a republic, the supreme power within the American system rests with the
people. This power is practised through regular elections in which citizen chooses the
President, members of Congress, and various state and local officials.

The American Constitution is the representation for the their system of government.
Sanctioned in 1788, the Constitution defines three separate branches of government,
namely, the legislative, the executive, and the judicial, the powers vested on them, and
how positions in each are to be filled. One defining feature of the Constitution is the
system of checks and balances in which it is created to distribute power among the
three branches. These checks and balances assures that no single branch of
government exercises too much power. These three branches exercises some form of
power over the others. For instance, justices of the Supreme Court (judiciary) are
appointed by the President (executive), but depending on the consent of the American
Senate (legislative).

Therefore, the Constitution is an important protection of the rights and powers of the
people. In addition, The Bill of Rights provides assurance that important freedoms to
every American, including freedom of speech, press, and religion, and the right to be
free from unreasonable searches, and to have a trial by jury.1

1 Paul A. Arnold, 'How the United States Is Governed' [2004] , 3-4

 The Form of American and Islamic Government

On the other hand, Islamic government is not compatible with any of the existing
forms of government. Islamic government is neither autocratic nor absolute, but
constitutional. It is constitutional in the sense that the rulers must adhere to a certain
set of priciples in administering and governing the country, laws and ordinances that
are stipulated in the Qur’an and the Sunnah of the Most Noble Messenger. Islamic
government, hence, can be defined as the rule of divine law over men.

The fundamental difference between Islamic government, and constitutional

monarchies and republics, is the representatives of the people or the monarch in such
government engage in legislation, in Islam the legislative power and ability to create
laws belongs exclusively to God Almighty. Hence, no person has the right to legislate
and no law may be executed except the law of the Divine Legislator.

The laws and ordinance set forth in the Qur’an and Sunnah has been acknowledged
by the Muslims and accepted by them as worthy of obedience. This consent and
acceptance aids the duty of government and makes it truly belong to the people.
Whereas, in a constitutional monarchy or a republic, most of those claiming to be
representatives of the majority of people approve anything they wish as law and then
impose it on the entire population.

Islamic government is a government of law and sovereignty belongs to God alone and
law is His rule and command. The law of Islam, has absolute authority over all people
and the Islamic government. Every person, inclusive of the Most Noble Messenger
and his successors must adhere to the law for an eternity to the law that has been
revealed by God, Almighty and Exalted, and propounded by the tongue of the Qur’an
and the Most Noble Messenger.2

In Islam, government has the sense of attachment to law, where it is law alone that

2Al- Islam.org, 'The Form of Islamic Government'

<https://www.al-islam.org/islamic-government-governance.../form-islamic-government> accessed
22 September 2018
 The Form of American and Islamic Government

rules over society. Whenever the Prophet expounded a certain matter or promulgated
a certain injunction, he did so in obedience to divine law, a law that everyone without
exception must obey and adhere to. Obedience to the Prophet also takes place in
accordance with divine decree, for God says: “And obey the Messenger”(Qur’an,
4:59). Obedience to those entrusted with authority is also on the basis of divine decree:
“And obey the holders of authority from among you”(Qur’an, 4:59).