Islam’s Idealistic and Realistic Perspective on State

The question that one may ask is: Which of the two ways is considered more appropriate in the Islamic system? Which is better, to maximize the state’s interference and assumption of control, or to minimize the state’s interference and delegate affairs to the people? As we have said in the previous session, in reality the promotion of massive public participation in various arenas is one of the meanings of civil society according to which social activities must be delegated as much as possible to the people.
Islam has a moderate perspective on the state which is an amalgamation of idealism and realism. Many of the theories and views presented in class sessions, both at the university and seminary are fascinating, but in spite of being ideal and desirable cannot be translated into action in the practical world. For example, one supposition is that if the moral growth of people reaches a level where all of them observe laws there would be no need for controlling and deterring agents. It is a very attractive supposition but that level will never be reached.
On the other hand, because there will always be transgression in society, it is not justifiable to say that maximum harshness is desirable so that no one dares to violate laws. In Marxist and fascist countries under martial law, government orders are strictly implemented and the police and disciplinary agents are so harsh in dealing with violators that no one dares to violate laws. An example of those countries was our western neighbor (Iraq under the Ba‘athist regime) which imposed an unsolicited war on us for eight years. A powerful police force which deals harshly with any violation and protest is ruling. A person who commits a minor violation is gunned down or executed without any trial or investigation.
When the deprived and poor members of society see that bribery and overcharging are rampant and subject them to unendurable pressure and difficulty, they wish that these profiteers are dealt with severely and some of them executed so that no one would dare to practice bribery and overcharging anymore! In socialist countries, more or less, such wishes are realized, but it must be seen what Islam says about severity to violators and criminals.
Based on what we can infer from the Qur’anic verses and traditions, Islam has considered a moderate and balanced approach for the Islamic state.
In the penal laws of Islam, severe punishments have been considered for some crimes, violations and licentious acts. On the other hand, however, it has also set certain conditions and limitations for proving and establishing these crimes so that in practice only a few cases can be proved. Consequently, those laws and heavy punishments can be implemented only in very rare cases—for example, one or two cases every year. For instance, the Qur’an thus says regarding the punishment for theft:
وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُواْ أَيْدِيَهُمَا جَزَاءً بِمَا كَسَبَا...
“As for the thief, man and woman, cut off their hands as a requital for what they have earned.”[12]
And regarding the punishments for those who committed licentious acts, it says:
ٱلزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِنْهُمَا مِئَةَ جَلْدَةٍ وَلاَ تَأْخُذْكُم بِهِمَا رَأْفَةٌ فِي دِينِ اللَّهِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الآخِرِ وَلْيَشْهَدْ عَذَابَهُمَا طَائِفَةٌ مِّنَ الْمُؤْمِنِينَ
“As for the fornicatress and the fornicator, strike each of them a hundred lashes, and let not pity for them overcome you in Allah’s law, if you believe in Allah and the Last Day, and let their punishment be witnessed by a group of the faithful.”[13]
Yet, on the other hand, Islam has set very difficult conditions to prove and establish the crime of fornication [zina], stipulating that such a decree shall be executed provided that four just witnesses who personally witnessed the act of fornication give testimony in a court of law. In case less than four witnesses be present in court, not only will the crime not be proved but the complainant will be lashed for calumny.
Islam neither obliges the state to meet all needs of society including unnecessary luxuries nor totally forbids it from interfering in social activities. Instead, the magnitude of the state’s interference is in accordance with the changing circumstances which necessitate interference by the state.
Sometimes the situation is such that civil society must be formed based upon the first Muslim community established by the Prophet (s) in Medina in which the guiding principle was that whatever can be done or assumed by the people must be delegated to them. They must assume the responsibility of meeting the primary needs such as training and education, electricity, water and the sewage system, and not allow certain profiteers and opportunists to take advantage and encroach upon the rights of the underprivileged and deprive them of their basic needs. In such a case, the state must enter the realm of social activities to counter the devious plans of profiteering capitalists. For example, if a private telecommunications company offers expensive services to people, the state has to offer cheaper services or delegate to itself all telecommunications services.
Defects of a state’s centralized system
A state’s centralized system or delegation of the main social activities to the state is improper and inefficient for many reasons. For example, if a state wants to meet all the needs of society, it must create government organizations having a considerable percentage of its employees—say, 20 percent—coming from the people. This approach has three fundamental defects. The first defect is that the expansion of the government sector will entail a huge budget which will cause further problems for society.
The second and more serious defect is that once an organization of such magnitude is created, irregularities within it are greater and ample grounds for violation and abuse within it are provided. For instance, if the state wants to prevent fleecing, it has to assign elite inspectors to report fleecing cases by conducting surprised inspection of shops. Now, if the government assigns an inspector for every shop, you can imagine how large a work force will be required.
Besides, some of these inspectors will violate the law by getting bribes from some shopkeepers so as not to report their fleecing. As a result, a separate department to investigate the performance of inspectors will have to be created. For whatever reason, experience has shown that such schemes are not practically successful as they do not bring any good result. In fact, they cause further violations and bribes.
The third defect of a centralized system which is notably serious according to Islam is, compelling human beings to mold themselves and do good deeds not through coercion and pressure. Man’s action is valuable only if it stems from his own free choice and will, but once compulsion and force prompt man to act, the spiritual and sublime effect considered by Islam ceases to penetrate the soul of man and the ultimate goal is lost.
Author: Muhammad Taqi Misbah Yazdi
Source: al-islam.org