Governance in Islamic jurisprudence and its application

Al-Mawardi's duties of the ruler

In 'Al-Ahkam al-Sultaniyya', al-Mawardi (d. 1058) listed duties of the imam, including:

• Protecting religion and its principles.
• Enforcing judgments and settling disputes justly.
• Maintaining security so that people can live and travel safely.
• Enforcing legal penalties to protect rights.
• Defending the frontiers.
• Collecting zakat and other revenues lawfully.
• Paying salaries and stipends from the treasury fairly and on time.
• Appointing trustworthy and competent officials.
• Personally supervising affairs rather than relying blindly on others.

Ibn Taymiyyah's Siyasa Shar'iyya

• Based his theory of governance on the 'verses of the rulers' (An-Nisa 4:58–59).
• Two pillars: rendering trusts (appointing the most suitable person for each office) and ruling with justice.
• Public office should go to the person who combines strength (competence) and trustworthiness.
• A saying attributed to him: Allah supports a just state even if it is not Muslim, and does not support an unjust state even if it is Muslim.

Ibn Khaldun

• In the Muqaddimah, he wrote that 'injustice ruins civilization' (al-zulm mu'dhin bi kharab al-umran).
• Excessive taxation reduces economic activity and, ultimately, revenue.
• Dynasties rise through group solidarity ('asabiyyah) and decline through luxury and injustice.

Maqasid al-Shariah: purposes of the law

Scholars such as al-Ghazali and al-Shatibi identified the purposes of the Shariah as protecting five essentials, which can serve as goals of governance:

• Religion (din).
• Life (nafs).
• Intellect ('aql).
• Lineage and family (nasl).
• Property (mal).
• Modern scholars add dignity, justice and the environment.

Institutions

• Hisbah: the muhtasib supervised markets, weights and measures, and public conduct, a forerunner of consumer protection and the ombudsman.
• Mazalim courts: rulers or appointed officials heard complaints against officials, an early form of administrative justice.
• Bait-ul-Mal: public treasury for the welfare of the people.
• Waqf: endowments for education, health and public services.

Application in Pakistan

• Objectives Resolution (1949), now Article 2A: sovereignty belongs to Allah; authority is a sacred trust exercised by the people's representatives.
• Article 31: the Islamic way of life; Articles 37–38: social justice and welfare.
• Article 227: laws must conform to the Quran and Sunnah; the Council of Islamic Ideology (Articles 228–231) advises Parliament.
• Federal Shariat Court (1980) reviews laws for conformity with Islam.
• Zakat and Ushr Ordinance (1980).
• Wafaqi Mohtasib (1983), inspired by the institution of hisbah.
• The Twenty-sixth Amendment (2024) set 1 January 2028 as the target for eliminating riba from the economy.

Conclusion

Islamic political thought anticipates many principles of modern good governance: trust, merit, justice, consultation, accountability and welfare. The challenge for Muslim states, including Pakistan, is to practise these principles, not just proclaim them.