Economic Justice and Shari'a in the Islamic State
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Economic Justice and Shari'a in the Islamic State

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Riyad Asvat
eBook Typ:
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This book describes the Madinan model for correct governance established by the Prophet Muhammad, may Allah bless him and grant him peace. Islamic governance is nomocratic (law-based), that is, based on Qur’anic law as understood and practised by the Prophet Muhammad, may Allah bless him and grant him peace, and his Companions. Islamic governance, therefore, cannot be categorised as theocratic, democratic, autocratic, oligarchic, or timocratic. The legitimacy of a government is dependent on its execution of justice. Government has to accomplish justice, fairness, equity, fair-mindedness, rightness and correctness. Since governing, that is the exercise of political power, is primarily associated with the production, distribution and consumption of resources, the circulation of wealth is guaranteed by the shari‘a (Islamic law) and is the rationale for the existence of governance itself. Islamic law promotes the circulation of wealth and inhibits its stagnation. Accumulation of wealth in the hands of a few invariably leads to oligarchy, something that neither capitalism nor communism have been able to avoid.Of importance to the circulation of wealth is the obligation to pay zakat and of particular significance to the stagnation of wealth is the prohibition of banking and riba (usury). The economic implications of zakat are enormously significant for contemporary society. Firstly, zakat has to be assessed and taken by zakat-collectors. Secondly it has to be paid with commodities such as gold, silver, salt, leather or anything with intrinsic value. It cannot be paid with currencies which are generated out of debt and enforced by government fiat. Thirdly zakat has to be paid on wealth that is earned in a halal (lawful in shari‘a) way. It is the duty of the muhtasib (the official appointed by the leader of the Muslims) to determine which economic activity is acceptable as halal. The civil and municipal duties of the muhtasib with regards to trade and commerce included the maintenance of the markets; free access to public thoroughfares; public safety and hygiene; contamination of foodstuffs; pollution; supervision of trading practices; control of weights and measures; coinage; the monitoring of fraudulent transactions, unlawful sales and collusion; and elimination of riba (usury) in all its guises. The muhtasib has to see to it that illegal and fraudulent sales/transactions were punished.This book also examines the socio-economic and political institutions that developed from the Madinan model in subsequent Islamic history such as the caliphate, the wazirate (vizierate), the judiciary, the bayt al-mal (the treasury), hisba (administration of the city), the mint, the suq (market), the awqaf (charitable endowments), the asnaf (guilds), the shurta (police), and the army (jaysh). These institutions, regulated by Islamic law, provided the means by which Muslim societies functioned.
Contents PrefaceForewordIntroductionChapter 1 Governance in the Qur’an: Terms and DefinitionsIntroductionQur’anic Terms and Definitions1. Sovereignty belongs to Allah2. Allah’s Representative on Earth3. Aims of the Caliphate4. Successful governance is dependent on obedience to Allah5. Justice is the Legitimising Factor for Governance6. Personal accountability for maintaining justice in governance7. Consequences of deviation from just governance8. The Prophet Muhammad as Allah’s last caliph on earth9. The Khalifa of the Prophet10. The maintenance of the integrity of the caliphateChapter 2 Governance During the Madinan PeriodIntroductionLiterature Dealing With Pre-Islamic and early Islamic ArabiaPre-Islamic ArabiaThe Makkan StateConsolidation of the Makkan OligarchyThe Prophet in MakkaThe Prophet in MadinaThe Distribution of Wealth in MadinaConclusionChapter 3 Institutions of Islamic GovernanceCaliphateWazirateAmirateKuttabHisbaJudiciaryMintMarketBayt al-Mal        Craft, Artisan and Trade GuildsAwqafConclusionChapter 4 The Islamic StateThe Modern StateThe Islamic StateComparison of the Institutions of Islam with those of the Islamic StateConclusionChapter 5 Saudi Arabia – A Case StudyState Formation and Incorporation into the Global Capitalist EconomyStages in the Development of the State(i) The formative period 1932–1962(ii) The centralization of the state 1962–1979(iii) The restructuring of the state since 1979                                 Social, Economic and Political Outcomes of State Formation and Capitalism(a) Dissent as an Indicator of Negative Outcomes(b) Measuring the Outcomes(c) Commodites, Military-industrial and Financial Elites(d) The Future for Saudi ArabiaConclusionAppendix 1References in Detail for Chapter 1References in Detail for Chapter 2References in Detail for Chapter 3References in Detail for Chapter 4References in Detail for Chapter 5Bibliography

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