Professor Mohammad Hashim Kamali, is the founding CEO of IAIS (International Institute of Advanced Islamic Studies) in Malaysia. He has featured for many years in The 500 Most Influential Muslims in the World, and written numerous books on Islamic law and constitutionalism. This is an excerpt from one of his books ‘Citizenship and Accountability of Government: An Islamic Perspective’.

The 12 Principles.

(1) Political authority in the Islamic system of rule belongs to the community (ummah) as it is the community that elects the head of state and is ultimately entitled to depose him in the event of manifest abuse.

(2) Consultation and the right of the people to be consulted in government affairs is one of the principal means by which the community participates in government, voices its concerns over government policy, and takes the government to account.

(3) The Qur’anic principle of promotion of good and prevention of evil (amr bi’l-ma’ruf wa-nahy ‘an al-munkar) and its allied concept of giving sincere advice (nasihah) also render the government accountable to the people and encourage public participation in its affairs.

(4) There is no recognition in Shari’ah of any prerogative or exception to the rule of law. No one is above the law and this includes the head of state and all government officials including the administration and consultative assemblies.

(5) The community is vested with the right to depose Haqq al-‘azl of a deviant ruler and government.[1]

(6) The citizen’s duty to obey the lawful government comes to an end when the government itself violates the law. A corollary of this is the recognition in Shari’ah of the citizen’s right, under certain circumstances, of disobedience and defiance (Haqq al-khuruj) against a deviant ruler.

(7) Accountability in the Islamic system of rule is also manifested in the selection and appointment of officials, the criteria of selection and dismissal of government employees.

(8) The trust of governance (amanat al-Hukm) in Islam is predicated accountability to God Most High and to the community. This is also a consequence of the concept of vicegerency (khilafah) which entrusts the community to establish a good government.

(9) The Shari’ah also recognizes the right to complaint (Haqq al-shakwa) by one who is wronged or made a victim of official abuse.

(10) Everyone is accountable for what they do. This is the substance of the foundational principle of muhasabat al-nafs, which applies equally to the ruler and ruled.

(11) One of the consequences of accountability under the rule of law is that violators and those who are found guilty of misconduct are liable to the payment of damages, penal sanctions, or both.

(12) Bribery and corruption are punishable offences, and use of official position for personal advantage of any kind is not tolerated.[2]

Notes

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[1] This will be through the supreme court (Mahkamat al-Mazalim).

[2] Hashim Kamali, ‘Citizenship and Accountability of Government: An Islamic Perspective,’ The Islamic Texts Society, 2011, p.195