132. The Ideal Society (Continued)
Part 2
(5) A Comprehensive Developmental system is based on the recognition of the following:-
(a) The individual is modified by the whole of his environment, by the influences, stimuli and constraints it produces, by how he interacts with it and by what he does. Intelligence demands that, if the welfare and development of people is the aim, then these things should not be left to chance. Education involves the whole economic, social, and cultural system.
(b) Human beings are modified throughout their lives. Experience accumulates and the conditions of life also change and develop and require adaptation. Education is, therefore, a life long process from birth to death. It includes the bringing up of children. It is an integral part of life and the Social System.
(c) It is not confined to inculcating facts or even only physical and mental skills, but one that also has a physical, mental as well as a spiritual or psychological dimension. It teaches how to live intelligently in adjustment to Reality, other people and the environment; to use initiative and be self-reliant, resourceful adaptable, creative, responsible, how to manage and control oneself, and develop human potentialities, .
(d) There is no separation in life between education, social life and work or industry. Each affects the other and may be regarded as part of the other. The society is organized in layers so that those at every higher level are teachers for those at each lower level, bringing them up a level. They are also the leaders and managers at the same time.
(6) The Islamic Spiritual system consists of prayer and meditation 5 times a day when people individually and collectively renew their remembrance of Allah and contact their own essential nature and the Spirit within. They are reminded to do so in all the various situation of life by the Azan (the call to prayer and success) from a Muezzin engaged by the community to do so.
There are to be congregational prayers weakly in order to strengthen community solidarity on Fridays followed by inspirational sermons. Muslims are required to set aside a portion of their income to give in charity, and to do charitable works, in order to overcome selfishness and greed and to develop fellow feeling. They are required to observe a month of fasting and abstinence per year in order to obtain self-control and empathy for others. There are some religious festivals during a year to remind them of the nature of existence and the place of man in the scheme of things. They are required to live their life in preparation for the pilgrimage once at least in their lifetime when they have settled their worldly affairs and become free. Life itself becomes an inner pilgrimage to Allah.
There are certain verbal formulae, uttered often, which incorporate certain attitudes and mental states to all life situations. They reinforce these states, maintain awareness of things and events in relation to their context, to Allah and the relationship of the person to both, and also maintain good motives and action. For instance, all actions are to begin with the words "In the name of Allah, the Benevolent the Merciful". This prevents or ought to prevent bad actions because it is devoted to Allah. It creates and maintains a reverence for things and a sense of significance. But it also means that the outcome is entrusted to Allah and though it is hoped that the desired results will follow, it is accepted that what ever happens will be for the best. Other often used formulae are "Allah is Most Great", "If Allah Wills", " It is the will of Allah", "Allah knows Best", "Allah be Praised", "Glory be to Allah", "I seek protection in Allah", "Allah forgive me", There is no power but in Allah".
Daily study of passages of the Quran is recommended to remind and reinforce the desire to behave in a virtuous manner. There is no reason, given that Islam admits that true prophets and Messengers were sent world-wide, why all the other scriptures of the world should not also be studied. In fact, this would be beneficial in several ways. It promotes understanding socially as well as intellectually and psychologically. Unfortunately, the study of Scriptures is usually conducted in a rather superficial manner, either to memorize it without understanding the meaning or else as if they consisted of mere fairy stories. In fact, they need to be understood and applied cosmologically, socially and psychologically. Scriptures are designed to (a) enhance awareness (b) arouse conscience (a) provide instructions for moral behaviour. They teach direct statements, by symbolism and teaching stories, sometimes called myths. The teaching stories in them can be regarded as being of three kinds or having three aspects:- (i) They are like scientific formulae encapsulating certain truths - not bare facts, nor interpretations of facts, but significances for man. (ii) They demonstrate certain kinds of social types and behaviour, good and evil, allowing a person to observe, judge and align himself. (iii) The various characters in the stories and their interactions refer to psychological entities and process within the individual's psyche. The stories ought, therefore, to aid self-observation, self-awareness and self-control.
(7) The organization is based on the Community, the members of which practice the Principles of Brotherhood in that they behave as members of a family where each is concerned about the welfare of the family as a whole, each other, and themselves - these being interdependent. There is no master/slave, superior/inferior, employer/employee, chief/subordinate relationship. There are partnerships, contracts, franchises and all affairs are conducted by mutual consultation. The elder, who ought also to be the wiser, are responsible for and guide the younger, who respect and learn from the elders. It is based on the following:-
"O mankind! Be careful of your duty to your Lord, who created you from one soul, and created therefrom its mate, and scattered from the twain a multitude of men and women. Be careful of your duty towards Allah, in whose name ye claim rights of one another, and the wombs that bore you; verily, Allah is Watcher over you." 4:1
"Hold fast, all together, to the cable of Allah, and do not separate (divide or part in sects); but remember the favours of Allah towards you, when ye were enemies and He made friendship between your hearts, and on the morrow ye became brothers, by His grace. Ye were on the edge of an abyss of fire, but He rescued you therefrom. Thus does Allah show to you His revelations, perchance ye may be guided; and that there may spring from you a nation who invite to goodness, and bid right conduct, and forbid what is wrong (or indecent); these are the successful." 3:103-104
Mankind is really a single organism as all the cells in the body form a single being. The whole being has a history of development. It derives from a single fertilized egg, which (a) multiplies, (b) differentiates and (c) organizes. It goes through several stages and transformations. Human beings gather into communities and are inter-dependent and all have the same drives, needs and faculties. But, like the cells in the body, there is great diversity of structure and function and there are multiple interrelations and interactions. At a more profound level, they are brothers (which includes sisterhood) because the same Spirit of Allah is in them which creates the same capacity for consciousness.
"Then He fashioned him and breathed into him of His spirit, and made for you the faculties of hearing, and sight and hearts (feeling); little is it that you give thanks." 32:9
However, a distinction is made between those who undertake to live by this Spirit and in Surrender to the guidance of Allah (and are defined as Muslim) and those who do not. The latter exclude themselves from the brotherhood.
Brotherhood also means to be helpful, guiding, generous, tolerant, and forgiving.
"Those who when they do an evil, or wrong themselves, remember Allah, and ask forgiveness for their sins - and who forgives sins save Allah alone? - And do not knowingly repeat the wrong they did." 3:135
It is essential that we know what evil is and what faults are, and that we are able to discern them. Otherwise we cannot know what is good, what we ought to avoid, what to make amends for and what to ask forgiveness for. Nor can we bid the right and forbid the evil in others or the society as a whole. Crime and evil will spread in a society where everyone minds his own business and nothing is done to discover crime, apprehend and punish the criminal.
But it is not enough to (a) know what is evil and (b) to condemn it, but also (c) to have techniques by which evil can be removed. Three kinds are provided in the Quran - (i) psychological ones which includes remembering, prayer, charity, exercising tolerance, forgiveness, self-control, study of the Quran, countering evil thoughts with good ones. Awareness of what one is doing is often sufficient to remove evil. This is because it is a contradiction of something and can only lurk in darkness - consciousness creates consistency. (ii) A social and cultural system that encourages good and discourage evil. Countering bad actions with good ones often shames the evil doers into abandoning evil, creates awareness of the good, and also sets good examples. (iii) Legislation that uphold standards, rewards good and punishes evil. (iv) The creation of organizations and social, political and economic conditions which channel effort and energy in right directions. A well functioning family, for instance, will develop the love and compassion and self-image on which morality, friendliness, good motives and goals, and self-confidence are based. But a malfunctioning family will create inadequate, neurotic, delinquent, psychopathic, sociopathic and hostile people.
Others should not be judge and condemn self-righteously and in ignorance. (a) All are liable to temptations, mistakes and sins. (b) Nor do we know what difficulties the other person has had to struggle with inwardly and outwardly. It is perfectly possible that someone who appears to be good has had to make no efforts and has not been tested while another who appears to have done evil has, in fact, struggled hard against great odds. The second person may, therefore, be much better spiritually than the first. (c) Nor can we judge what motives are behind an outer action. The apparently good action can have an evil motive and an apparently evil action can have a good motive.
The mind should not concentrate or harp on the negative side of things. This can be depressing. It can also lead to demoralization so that people think evil is normal and act accordingly. Newspapers etc. report of evil rather than good and therefore, give a false impression that the frequency of evil is much greater than it is. This creates a stimulus to evil. The Prophet Muhammad (saw) is reported to have said that Muslim should not publish or broadcast the faults of others. The Prophet is also reported to have said: "Do not ask me about evil. Ask me about good."
It is obvious that we can know evil by the absence of good. So one only needs to know good. In fact, we have a rather profound idea here - Evil does not really exist. It is like a vacuum known only because of the absence of something positive. Therefore, placing the mind on evil is to create illusions and to mislead. It is itself an evil. The Quran requires human beings to respect each other as vicegerents who have the Spirit of Allah in them.
"Hold to forgiveness, and command what is kind, and shun the ignorant. and if an incitement from the devil wound thee, then seek refuge in Allah: verily, He is Hearer and Knower." 7:199-200
"O you who believe! Let not one people deride (or ridicule) another people perchance they may be better than they, nor let women deride other women, perchance they may be better than they; and do not find fault with (or defame) your own people nor insult one another by (offensive) nicknames; evil is a bad name after faith, and whoever does not desist, these it is that are the unjust. O you who believe! Avoid most of suspicion, for surely suspicion in some cases is a sin, and do not spy nor let some of you backbite others. Does one of you like to eat the flesh of his dead brother? But you abhor it; and be careful of (your duty to) Allah, surely Allah is Oft relenting, Merciful. " Quran 49:11-12
" And whoso commits a fault or a wrong and throws it on the innocent, he has burdened himself with a falsehood and a manifest crime ( sin). " 4:112
Note: Here we have a case of what is called projection. Evil is being created to hide the vacuum within.
"And rely thou upon the Living One who dies not; and celebrate His praise; He is sufficient as Knower about the faults of His servants. " 25:58
"So know that there is no God but Allah, and, ask protection for your fault and for the believing men and the believing women;" 47:19
"O ye who believe! Be ye steadfast in justice, witnesses for Allah, though it be against yourselves, or your parents, or your kindred, be it rich or poor, for Allah is nearer both than either. Follow not, then, lusts (prejudices, superstitions, passions), so as to act unjustly (or with bias); but if ye swerve or turn aside, Allah is well Aware of what you do." 4:135
"Cloak not truth with vanity and falsehood, nor knowingly hide the truth. Be steadfast in worship, give alms, and bow down with those who bow. Will ye order men to piety and forget it yourselves? Ye read the Book, do ye not then understand? Seek aid with patience and prayer, though it is a hard thing save for the humble, who know that they will meet their Lord, and that to Him they are returning." 2:42-2:46
"And what will explain to thee the ascent? It is freeing slaves (or captives, prisoners, slaves, the restricted or bound), or feeding on the day of privation, an orphan who is a kin, or a destitute lying in the dust ( of misery); and again (it is) to be of those who believe and encourage each other to patience, and encourage each other to mercy, these are the fellows of the right!" 90:12-18
Here, the slave, the orphan and the destitute may refer to literal and physical conditions but may also refer to mental , social, psychological and spiritual conditions. A person an be a slave to physical, emotional or mental habit, addictions, greed, lust, prejudices, delusions etc.
The Affairs of the Nation are governed by a group of people called the Foremost. These are the people who, owing to inherent factors, their own efforts and an appropriate comprehensive educational and developmental system, have attained the highest virtue, ability and knowledge. The function of this group, members of which are independent, is to discuss affairs, investigate, do the research, create policies and plans, to educate the people, and to guide and advise them. The leadership of all projects and other groups comes out of this group or is chosen from the recommendations of this group. The group admits and expels members and chooses a Head and various officers according to its own criteria.
All members of a community have a right to attend Local Assemblies. All the affairs of the community (Spiritual, Social, Economic, Cultural, Ethical, Industrial, Scientific, Aesthetic, Civic) are discussed and controlled by these Assemblies. There are no political parties, dictators or bureaucrats. The Assemblies hold Conferences, in mosques or halls around them where a spiritual and moral atmosphere can be maintained. Here affairs are soberly discussed (not debated) and leaders and committees are elected according to their various knowledge, abilities and virtues. These could also be televised. There is no canvassing or campaigns for power, emotional appeals, false promises, subversions, secret agreements, or biased sectarian conflicts. These things are prosecutable as criminal activities. It is the duty of the Leaders to lead and educate, explain their policies and actions to the Assembly, and answers all questions asked by members of the public or on their behalf, without evasion, prevarication, diversion of attention, obscurification, ambiguity and concealment. They may be removed and replaced at any time and there are no fixed periods in which they are free to make mischief. The Assembly appoints a Guardian, who may be a lawyer or judge to ensure that the rules are kept and there is justice, reasonable objectivity and virtue.
The Committees create and oversee various Departments that carry out various functions. The Departments consisting of members of Professional and Expert Groups, and are, of course also part of various Assemblies. The Departments are responsible to the Committees, which are responsible to the Community via its Assemblies and are entitled to its support. The members of the community are entitled to be kept informed, to be consulted, to criticize and make suggestions, and undertake to conform to the decisions, instructions and requirements of the Assembly, Committees and Departments that work on their behalf. There are no arguments and debates but there are informed discussions and meditations based on researched facts and expert advice, which might be provided by members of various Professions and expertise or by members of the Committees or Departments. The Assembly sets up Information Gathering Bureaus of various kinds, Scientific Research Institutions, Conference Centres, Libraries, Museums, Machine Tool Shops, Planning and Advisory Bureaus of various kinds, Gymnasiums, Schools, Hospitals, Mosques. They manned by independent individuals and groups under contracts. These are also accessible to the general public. It also sets up social, civic, economic, commercial, industrial, cultural and educational institutions of various kinds. The function of the Leader, (Amir or Caliph) is to act on behalf of the community and oversee and ensure that all institutions work correctly, effectively and efficiently. The responsibility or vicegerency belongs to all, but is partly delegated to the Amir who embodies the collective Vicegerency. The Amir is assisted by his own advisors and by a Bureau of Guardians. This consists of people of high quality with the power to investigate all public institutions, accept complaints and suggestions from the public, rectify injustices and wrongs, identify problems, gather social information, and make suggestions.
Communities organize together into greater units by Federation such that they have a degree of autonomy over their own affairs but give up a certain amount of sovereignty by mutual agreement, to form a central organization which concerns itself with the common affairs of all of them. These can organize in a similar way to form larger Units and the whole system is open-ended and flexible. Each community sends representatives to a Central Assembly, which also elects its various Committees. The Leader of the Central Assembly may be chosen by the whole of the Community out of candidates chosen by the members of the Central Assembly or the Foremost, after sufficient information about them has been disseminated. This Supreme Leader or Caliph represents and is responsible to Allah, the fundamental Reality, and is required to rule by Objective factors beneficial to the people (He judges by that which Allah has given Quran. 5:49). He also embodies the vicegerency of the people, and therefore, represents them and is responsible to them. The people swear allegiance to him and undertake to obey him as long as he fulfills the vicegerency. He is a continuation of the Prophets sent by Allah. The regime is not a democracy where subject factors, whims, fantasies, prejudice and illusions may flourish to the detriment of human welfare and development, but is not an oppressive dictatorship either. The Caliph is not a tyrant, but he is required to consult, guide, guard, supervise, organize and act on behalf of the people.
The Assemblies and Councils are advised by and work through 7 Departments:- 1. Education, Health and Development. 2. Pure and Applied Science. 3. Ethics, Law and Order. 4. Economics and the Environment. 5. Arts and Culture. 6. Social Affairs. 7. National Security, Military and International Affairs. These Departments are not entirely separate, but inter-linked so that each also includes subsections consisting of members of the other departments, thereby ensuring cooperation.
Education and development is the main concern of the Society, but it needs correct information. The Department of Pure and Applied Science conducts research in the various sciences, including biology and genetics, psychology and sociology and creates technologies, applications and plans concerning agriculture, industry, education, medicine, social engineering and psychics or paranormal phenomena. It advises the Assemblies at all levels and all other Departments. Art and Culture also benefit from advances in science and technology and have an educational role. That which is usually known as Politics is divided into Internal and External Affairs. The External Affairs are dealt with by a section of the Department of National Security. A section of this may also deal with the various problems connected with Outer Space. Internal Affairs are dealt with by a section of the Department of Social Affairs. There are no professional politicians and most of the kind of power struggles and intrigues associated with them are dealt with either as crimes by the Department of Ethics and Law or by the Arbitrators and Guardians in the Department of Social Affairs. This Department also deals with marriages, family affairs and charities.
Knowledge and the dissemination of relevant and beneficial information is of supreme importance. There are to be no privately owned Newspapers and Journalists must be licensed by the Assembly or its specialist Committee on the strength of training, examination and qualification for objectivity, a sense of responsibility and judgment, freedom from desire for scandal mongering and rabble rousing, and financial and mental independence. These Newspapers are owned by the Journalists collectively, but they, as anyone else is responsible to the Assembly and the Law.
It is necessary to have Police and Military forces for defense, maintaining order, and dealing with national emergencies. But they should not consist of a separate group of people under the control of the State or whoever controls it which may be used against the citizens. These functions are the responsibility of all citizens. There should be no professional armies. Each citizen has the duty to defend the community against attack, but not to begin an aggression. Nor is he permitted to dominate, coerce or kill other citizens. Though a Muslim community may enter into mutual defense pacts and has the obligation to fulfil the terms of any treaty it enters with other communities, it has no right to wage wars, military, political, psychological, industrial or secret, in remote areas on the grounds of self-interest. But defense against those who engage in such activities against the Muslim community may require retaliation. In modern days armed conflicts between armies are extremely destructive and may be counter productive. Other methods are more effective and include education, economic, industrial, diplomatic and cultural activities. The soldier will have to be well educated, versatile and able to act independently by his own initiative. Each citizen would need to give up some time, perhaps a month or so every year, or/and several months every few years for National service. As the whole population could join it in rotation there would still be a Standing army that could be expanded or reduced according to need. Military training should be part of normal education. Some permanent military officers will still be necessary, but their function is to provide the training and organization.
Military training and service for a community has certain benefits, which should also be considered. They can teach skills, endurance, courage, alertness, self-discipline, and positive effort in the face of opposition. All must die. Dying in the service of something useful is preferable to dying through degeneration and old age. Risking life concentrates the mind on one's mortality, thereby making life more precious, urgent and intense. This prevents procrastination to some future which never comes. The juxtaposition of life and death provides the stimulus which creates energy and awareness. Opportunities are seized and utilized. Doing anything new involves some risk and danger. The inability to deal with fear and anxiety leads to a life of security, comfort and complacency that produce stagnation. Indeed, the Muslim world appears to have degenerated just from these causes. Danger and risk as well as common purpose create companionship, cooperation, solidarity, self-sacrifice and heroism.
The Professional Police is often no better than a professional Army. The same National Service could provide the nation with a Police force, an Army and Relief Force which could be deployed wherever disasters such as Earthquakes and Floods or Famines strike. We are not speaking here of Detective work which must obviously be left to professionals.
The Economic (Industrial, Commercial and Financial) System is constructed on the basis of partnership, cooperation, and contracts. Usury, the charging of interest on money lent is forbidden and so is gambling on the Stock Exchange, and the exploitation of other peoples labour.. All income has to be earned and should be in proportion to the amount and value of the work done. It is impossible that one person can do a thousand or more times the work of another. Though it is true that the wok of a few people has had much greater affects on human history and on the Economy, it is not these people who have had the financial benefits. But it is also true that heir achievements were built on the ideas and opportunities that exist in the society as a whole and on a whole series of achievements by many other people. Justice demands greater equality, but not complete equality. This would remove incentives and lead to stagnation.
The workers in a business or company are also the owners. They are given a unit share at birth to which they may add by further purchases. This unit is taken away at death. There is, therefore, a minimum number of units in a community which is equal to the population. The income from the sales of their products, services or facilities is divided into (a) a portion required as Capital to run the business, (b) a portion as the profit of investors. (c) a portion to finance the work of the community to which it belongs, and (d) a portion to be divided as the income of the workers according to (i) the amount of work they do, (ii) the importance of their functions, (iii) their qualifications as judged by an independent Educational Department, and (iv) the amount they invest in the company. The investors might be the workers themselves or some other entrepreneur or the Community through an Economic Committee. The investors might be the workers themselves or some other entrepreneur or the Community through an Economic Committee. The workers form a Works Assembly that discusses the policies and affairs of the Company and chooses and appoints its various officers and managers according to merit. This could be assessed by the use of certain criteria, examinations or general consent. The factory and the workers are versatile so that production can be changed according to changes in demand. It is the duty of the company to determine demand, conduct research, train or retrain its members, and cater for the welfare of the workforce. Any person or group may set up a Company but it is responsible to the Community to produce useful goods with minimum wastage and without causing harm. Companies may cooperate, amalgamate, and contract out various jobs to others. But there can be no take overs of one company by another. Workers may migrate from one company to another as one contracts and another expands.
Shops work on behalf the community, gather information about what is required, negotiate with manufacturers and order in bulk. They may also adjust prices according to demand and supply. Goods may be bought outright or on deferred terms, sold, exchanged, brought in for repairs or hired.
A Department of Economics responsible to the Assembly creates the Economic infra-structure which consists of the transport and communication network, supply of electricity and other energy sources, Storage Facilities, Warehouses, Recycling Plants, Mining Projects, and some Heavy Industry, which produces standardized adaptable parts which can be assembled into various versatile machines according to need by local and smaller scale Industries.
Each Community endeavors to be self-sufficient in the essentials. Inter-communal and international trade will be based strictly on the ability to create surpluses which can be sold in order to purchase other things.
Citizens may use Identity cards, which hold certain kinds of information about them in case of emergency such name and address, blood groups and genetic code. These can act also as Telephone Numbers and may be used for purchases and financial transactions like Credit Cards. All financial transactions are done through Banks and consist of the making entries into Records. There should be several different centres where records are kept, lest some disaster strikes one of them and all records are lost. It could be a good idea that the Total Amount of Money (TAM) held by a Community or Nation is kept constant, or is a proportional to its population, and, therefore, is varied accordingly. The value of the income of each individual then becomes a percentage of the TAM, and the price of all goods and services can be compared because they will also be a proportion of the TAM.
The people must be educated to maximize value, conserve resources, energy, effort and attention in order to maximize utility, efficiency and economy, reduce wastage, pollution, adulteration and disruption. A good sense of values and priorities is essential and it is part of intelligent and objective management of one's life and the environment which is the responsibility of the Vicegerent.
It is, of course, perfectly true that the material poverty of a community will affect health, education and the social interactions and, therefore, the physical, social and psychological or spiritual states also. It is, therefore, necessary that there should be a balance and co-ordination between (a) the size of population, (b) the resources of the environment and (c) the quality - talents, abilities and creativity of the people. Birth control will be necessary not merely to keep the population in check but also to devote sufficient resources to the development of the quality of people. It is this ability which invents technologies, explores and transforms and makes things useful which were not useful before, creating new materials and resources and using them efficiently. This allows an increase in population. It is observable, however, in the wealthy nations that there is much greater demand on the resources than is needed by the people owing to greed and addictions, and that these resources are inefficiently used because of the social and cultural conditions. It is also the case that the consequent wastage, pollution, adulteration of foods and disruption of the ecological system, as well as the resulting physical, social and psychological diseases, and the cultural, political and economic consequences all add to an enormous unnecessary cost. It is becoming apparent to an increasing number of people that things can be arranged much more intelligently.
There should be no biased and tempting advertisement of goods, but the Economic Committee of the Assembly creates a Bureau that tests, describes and records the specification of goods, services and facilities. It produces a "Directory of Goods, Services and Facilities" which can be distributed in the same way as Telephone Directories. It can also gather information about what is required or needed and send it to the Industries.
There should be no political or commercial secrecy of any kind. Whereas the privacy of the individual is respected, all public affairs must be fully open to inspection not only by officers appointed by the Assembly but also by private persons and Journalists.
Formal Law is required when Natural Morality fails. Morality is required when Natural Conscience atrophies or is suppressed. One of the purpose of the Islamic discipline is to re-activate Conscience. The Law is part of an educational system. It designed to encourage people, mentally and physically, to behave in a manner as if they were already spiritually regenerated. This should make a bridge between their outer conscious part with their deeper, dormant spiritual part, allowing its emergence, thereby facilitating the integration of the person.
The Universe is governed by Natural Laws made by Allah, which give it regularity and Justice. It is these laws which define what the consequences of various actions will be. Natural Morality is based on these laws. Human beings have certain inbuilt purposes, needs and goals and those actions that will lead to those goals are called good and those that lead to the opposite are evil. The Social Laws in Islam have the following characteristics:-
(a) Unlike those created by man in most political systems, the laws are not based on whim or expediency, nor on the way they are defined in words, but on Natural Morality. They are objective and research by experts is required to establish them. The formulation in words constitute Guiding Rules.
(b) Therefore, also unlike Secular systems, they give emphasis to justice and human welfare and development, not to order at a superficial level.
(c) They ought not to be formal and rigid, but should be adaptable to varying circumstances and do not follow the letter but the spirit and intention. This means that they do not, or ought not, to allow escapes through loop holes, definitions and particular wordings and procedures. Secular laws tend to encourage criminality and misdemeanors because clever people get round them or if they are rich, employ clever but expensive lawyers to get round them. In a society where only law is recognized and no morality, it is being discovered and the pain of punishment which is the deterrent to evil, and there seems to be no incentive to good. Much evil exists because methods to discover and prove them are inadequate and no laws exist or can be adequately formulated to punish them. It should be entirely possible to prosecute a person who does harm by applying the first principles of morality without exact formal definitions.
(d) One of the consequences of man made laws is that a person is regarded as guilty or innocent when he has been declared so after passing through the legal procedure. In some countries an accused person is deemed guilty until proved guilty. In Islam a person is innocent until proved guilty, but man is fallible and the final judge is Allah's. That is, real guilt is something objective and it is the duty of the judges to discover this. Political considerations, popular prejudices, expediency and convenience etc. should not enter into the judgment.
(e) The Islamic Law is comprehensive and covers all aspects of life, and is not confined to only certain areas. But there are much fewer laws because they refer to types, to what is general and common and underlies many particular instances. A great many laws are needed only when minds are concentrated on superficial differences. This becomes a burden and causes the social order to become rigid and unadaptable to changing conditions. Revolutions become necessary to produce change.
(f) A distinction is made between what is obligatory, recommended, approved, allowed, disapproved, not recommended, forbidden. Everything unless expressly forbidden is allowed, and only a few things are forbidden. Secular law makes nothing obligatory. It defines rights given by the state, but not duties. Objectively, and in Islam, rights and duties are inter-dependent.
(g) Much injustice is caused by the fact that police and lawyers are paid to get results whether or not these are just - reputations and advancements depend on it. Winning a case is important. Juries have their own various prejudices, whims, self-interests, sentimentalities and intelligence and are often impressed by looks, dress, manners, tone of voice and other irrelevancies which, of course, lawyers take advantage of. There ought to be no interrogation of an accused by police or lawyers. Lawyers may make investigations and prepare a case on behalf of clients, but all interrogation of accused, accusers, witnesses and lawyers should be left to expert Judges. The accused and accusers have the right to state their case. Nor may anyone be imprisoned without the consent of a judge. The judge can order further investigation by a Bureau of Investigations. Improved techniques of detection and establishing guilt need to be developed. It is suggested that after judgment all cases should go to a Committee of a Central Assembly of Judges for assessment. The Sentence is not finalized until it confirmed or amended there.
(h) Other sources of much injustice are the cost of bringing a case, the complexity and stresses involved, the time it takes for a case to be tried, the secrecy of some trials or of the deals made between opposing lawyers, and the uncertainty of what the jury may decide - it is usually a gamble. The stresses and uncertainties and the time for which it lasts are often severe enough punishments for the guilty. But it is inflicted also on the innocent. Justice must be swift, simple, open, free of charge, and left to experts. Trials should be in public, widely reported and may be televised.
Human beings are, of course fallible. But as the Law is concerned with preventing evil and establishing good, it is not merely interested in (a) catching, trying and punishing criminals, but also (b) in the whole question of the justice in punishment and reward, (c) in moral education, and (d) in creating appropriate social conditions. For instance, poverty, exploitation and deprivation due to illness or disaster can cause desperation. The collection and administration of Charity, or the creation of Emergency Services or of an equitable economic system would prevent crimes. The apparent criminal may well be a victim.
Many pious Muslims wish to adhere to a rigid system of laws formulated many centuries ago when conditions of life were different than now. But the flexibility of the Islamic Law can be seen from the fact that there are four Sunni Systems and a Shiah system of Laws (Madhabs) produced by scholars who thought they had the right to interpret the Quranic instructions, but did not deny it to others. The right to make such interpretations in the light of modern conditions of life must still be regarded as existing. Nay, it is a duty if Islam is to remain relevant to the changing world. In fact, Islam itself came to bring changes, and many of the changes were, in fact, brought about by Islam itself. The Quran does not only recommend punishment for certain crimes, but also teaches justice, compassion and forgiveness. It is not at all necessary that only the punishment should be applied.
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133. Ideal Society-3................Contents