In Wadi al-Nil, 1868
min: Aqwam al-Masalik fi Ma'rifat Ahwal al-Mamalik
[from: The Surest Path to Knowledge Concerning the Conditions of Countries]
by Khayr al-Din Pasha al-Tunisi
min: Aqwam al-Masalik fi Ma'rifat Ahwal al-Mamalik
[from: The Surest Path to Knowledge Concerning the Conditions of Countries]
by Khayr al-Din Pasha al-Tunisi
An Introductory Note from the Editor;
We, at Wadi al-Nil, now celebrating our first year as Egypt's first independent newspaper, are proud to bring to the attention of our readers and the wider public all matters of importance, carrying out the duty of any respectable free and independent paper: to inform the masses and direct the gaze of the people towards matters that are of concern to them. We bring to your attention matters of political import as well as the latest scientific developments, we make known commercial news and feature also the latest literary publications deemed of importance to the people and nation, as well as older works and pieces on our proud and noble history and forebears, as well as poetry and much else.
It is our pleasure to present in this edition of Wadi al-Nil an excerpt from a book published only in 1867 by Khayr al-Din Pasha al-Tunisi, who is currently living in self-imposed exile in France. Khayr al-Din Pasha is of Circassian origins, as so many of our region's leading statesmen and intellectuals are, having been sold as a child to a notable Turkish family, with whom he spent seventeen years. Thereafter the Pasha was brought to the court of the Tunisian Bey where he studied before joining Bardo Military School, receiving Arabic and Islamic education as well as training in the modern military sciences. He was the leading figure behind the implementation in Tunisia of a semi-constitutional form of governance based on shura, which he espouses in the present work. A true visionary of our age, this work is a must read for any Egyptian who seeks after the answer to that most pressing of questions: What is to be done?
It is our pleasure to present in this edition of Wadi al-Nil an excerpt from a book published only in 1867 by Khayr al-Din Pasha al-Tunisi, who is currently living in self-imposed exile in France. Khayr al-Din Pasha is of Circassian origins, as so many of our region's leading statesmen and intellectuals are, having been sold as a child to a notable Turkish family, with whom he spent seventeen years. Thereafter the Pasha was brought to the court of the Tunisian Bey where he studied before joining Bardo Military School, receiving Arabic and Islamic education as well as training in the modern military sciences. He was the leading figure behind the implementation in Tunisia of a semi-constitutional form of governance based on shura, which he espouses in the present work. A true visionary of our age, this work is a must read for any Egyptian who seeks after the answer to that most pressing of questions: What is to be done?
Founder and Editor of Wadi al-Nil,
'Abd Allah Abu al-Su'ud
The Excerpt;'Abd Allah Abu al-Su'ud
In the name of God, the beneficent, the merciful. Praise be to Him who made prosperity one of the results of justice and endowed mankind with intelligence, by which He made it possible for man to attain right conduct and the various gradations of knowledge. And commanded him to cooperate in good works and to fear God to the exclusion of idols or transgression.
I praise Him. He is to be praised at all times and in all tongues. And I pray for His servant and our master Muhammad, who was sent with the Book and the Balance. To whom it was revealed that God commands justice and charity. And I pray for his family and his companions, the guardians of his Holy Law, which is suitable for all times. Whose rulings describe orbits around the two points of faith and God's protection.
After this invocation the compiler of these pages says, "May God guide him to the surest path."
After I had long contemplated the causes of the progress and backwardness of nations, generation after generation, relying on the Islamic and European histories I was able to examine, and on what the authors of both groups have written concerning the Islamic umma [community], its attributes, and its future, according to evidence which experience has decreed should be accepted, I decided to assert what I believe no intelligent Muslim will contradict and no one who has been shown the evidence will oppose: if we consider the competition of nations in the fields of civilization and the keen rivalry of even the greatest among them to achieve what is most beneficial and helpful, it becomes clear that we can properly distinguish what is most suitable for us only by having knowledge of those outside our own group, and especially of those who surround us and live close to us.
Further, if we consider the many ways which have been created in these times to bring people and ideas closer together, we will not hesitate to visualize the world as a single, united country peopled by various nations who surely need each other. The general benefit to be derived from the experience of each nation, even when it is pursuing its own personal interests, suffices to make it sought after by the rest of mankind.
Whoever considers these two undoubtedly true principles, and who according to religion knows that the Islamic shari'a [religious law] is a guarantor for the two worlds, will necessarily recognize that secular organization is a firm foundation for supporting the religious system. Such a person will then be saddened to see that certain 'ulama' [religious scholars] of Islam who are entrusted to take into consideration the changing circumstances of time in the application of the Law are opposed even to learning about domestic events, and their minds are empty of any knowledge of the outside world. This is undoubtedly one of the most imposing obstacles to a knowledge of the most appropriate course of action in this world.
Is it fitting that the physicians of the umma should be ignorant of its ailments? Or that they should direct their concern to acquiring the essence of knowledge to the exclusion of its contingent circumstances?
We are likewise saddened by such ignorance on the part of certain statesmen and a feigning of ignorance by others out of a predilection for despotism.
For this reason I was fired to believe that if I assembled what years of thought and reflection had produced, plus what I had seen during my travels to the various states of Europe where I had been sent by His Excellency the Bey [Muhammad al-Sadiq, ruler of Tunisia, 1859-present], then my effort might not be without benefit, especially if it comes upon hearts working together in defense of Islam.
Thus, the object of this book is to remind the learned 'ulama' of their responsibility to know the important events of these days and to awaken the heedless both among the politicians and all the classes of the people by demonstrating what would be a proper domestic and foreign conduct. It is also to call attention to these aspects of the Frankish [European] nations—especially those having close contacts or attachments with us—which ought to be known. This includes their own eagerness to learn about other nations. The folding-in of the globe, whose farthest distance is now connected with its nearest, makes this easier.
With God's help I have collected all possible information about European inventions related to economic and administrative policies, with reference to their situation in earlier times. I have shown their progress in the governance of mankind, which has led to the utmost point of prosperity for their countries. I have also noted the superiority formerly held by the Islamic umma (as attested by even the most important European historians) in the two fields of knowledge and prosperity at a time when the shari'a exerted its influence on the umma's conditions, and all conduct was regulated accordingly.
The purpose in mentioning how the European kingdoms attained their present strength and worldly power is that we may choose what is suitable to our own circumstance which at the same time supports and is in accordance with our shari'a. Then, we may be able to restore what was taken from our hands and by use of it overcome the present predicament of negligence existing among us.
In addition, other material which the reader might properly expect on such a subject, including observations based either on precedent or reasoning, will be found throughout the several chapters.
I have called the book The Surest Path to Knowledge Concerning the Conditions of Countries. It is made up of an introduction and two books, each of which has several chapters.
With the guidance of God we seek the paths of integrity and correctness. Should this prove to be above my own powers, the indulgence of my distinguished readers is to be hoped for as a means of averting my own poverty. And good intentions are, if the All-High God so wills, a sufficient guarantee to the attainment of aspirations.
The motive for a work is its true beginning. Therefore it is appropriate that we set out our motive in writing. Nor will we be content to indicate what compelled us to compose this work. Rather we believe it important to build certain arguments upon it. Our incentive is a desire to accomplish two tasks leading to one ultimate goal.
The first task is to spur on those statesmen and savants having zeal and resolution to seek all possible ways of improving the condition of the Islamic umma and of promoting the means of its development by such things as expanding the scope of the sciences and knowledge, smoothing the paths to wealth in agriculture and commerce, promoting all the industries, and eliminating the causes of idleness. The basic requirement is good government, from which is born that security, hope, and proficiency in work to be seen in the European kingdoms. No further evidence is needed of this.
The second task is to warn the heedless among the Muslim masses against their persistent opposition to the behavior of others that is praiseworthy and in conformity with our Holy Law, simply because they are possessed with the idea that all behavior and organizations of non-Muslims must be renounced, their books must be cast out and not mentioned, and anyone praising such things should be disavowed. This attitude is a mistake under any circumstances.
There is no reason to reject or ignore something which is correct and demonstrable simply because it comes from others, especially if we had formerly possessed it and it had been taken from us. On the contrary, there is an obligation to restore it and put it to use. Anyone devoted to religion should not be deterred from initiating the commendable actions related to worldly interests of one religiously misguided. This is what the French have done. By ceaselessly emulating what they deem good in the work of others, they have attained the sound organization of their affairs in this world to be witnessed by all. Discriminating critics must sift out the truth by a probing examination of the thing concerned, whether it be word or deed. If they find it to be correct, they should accept and adopt it whether or not its originator be from among the faithful. It is not according to the person that truth is known. Rather, it is by truth that the person is known. W isdom is the goal of the believer. One is to take it wherever one finds it.
When Salman the Persian [a companion of the Prophet], may God be pleased with him, indicated to the Prophet of God, may God bless him and grant him peace, that the Persians had a custom, when besieged by the enemy, of surrounding their cities with a moat as a protection against attack, the Prophet of God, may God bless him and grant him peace, took his advice and dug a moat around Medina when it was attacked. He even worked in it himself in order to exhort the Muslims. 'Ali [ibn Abi Talib, son-in-law and fourth successor of the Prophet, reigned 656-661], may God honor him, has said, "Do not pay attention to who spoke, but pay attention to what was said." If it was permissible for the virtuous ancestors to take such things as logic from outside their own religious community, and to translate it from Greek when they saw it as being among the beneficial instruments—so much so that [Abu Hamid Muhammad] al-Ghazzali [1058- 1111] said, "The learning of a man having no knowledge of logic is not to be trusted"—then what objection can there be today to our adopting certain skills that we see we greatly need in order to resist intrigues and attract benefits?
In the Sunan al-Muhtadin [Traditions of the Rightly Guided] by the Maliki scholar Shaykh al-Mawwaq [Abu 'Abdullah al-Gharnati, Andalusian judge, died 1492] is found the following, "The acts of non-Muslims which we have forbidden are those which violate the requirements of our canon law. There is no need to abandon acts practiced by non-Muslims that are in accordance with the shari'a categories of obligatory, recommended or permissible because the Holy Law does not forbid the imitation of anyone who does what God permits."
On the margin of Durr al-Mukhtar [The Selected Pearls] by the learned Shaykh Muhammad Ibn ' Abidin al-Hanafi [jurist of Damascus, 1783-1836] is found the following, "There is no harm in imitation of that which is linked to the good of the believers."
Actually, if we reflect on the situation of those critical Muslims and the European actions they approve of, we find them refusing to accept tanzimat [administrative reforms of the nineteenth century] and its results, while not avoiding other things which harm them. We see them vying with each other in clothing, home furnishings, and such everyday needs just as in weapons and all military requirements. The truth is that all of these things are European products. There is no hiding the disgrace and the deficiencies in economic development and public policy which overtake the umma as a result. The disgrace is our needing outsiders for most necessities, indicating the backwardness of the umma in skills. The shortcoming in economic development is the failure to use our country's industries to process the goods we have produced, for this should be a major source of gain. Corroboration of this statement is in seeing, for example, our shepherd, or silk farmer or cotton farmer, defying fatigue for the entire year, sell the produce of his labor to the European for a cheap price, and then in a short time buy it back, after it has been processed, at a price several times higher. In sum, we now get only the value of our land's raw materials. We receive none of the increased value resulting from the manufacturing process, the basic means of creating abundance, both for us and for others. Under these circumstances, if we considered the total of what is exported from the kingdom and compared it with the imports and found that the two approximate each other, it would be the lesser of two evils, for if the value of imports exceeds the exports, ruin will unavoidably take place.
As for political imperfections, the kingdom's need for others stands as an obstacle to its independence and a weakener of its vigor, especially when linked to the need for military necessities, which if easy to purchase in peacetime are not easy in time of war, even at many times the value. There is no reason for all this except European technical progress resulting from tanzimat based on justice and liberty. How can a thinking man deprive himself of something which, in itself, he approves of? How can he lightly turn down what will benefit him, simply because of unfounded misgivings and misplaced caution? It is worth mentioning in this connection the statement of a European author on military policy, "Kingdoms which do not keep pace with the military inventions and tactics of their neighbors risk becoming, sooner or later, their prey." He singles out military matters because that is the subject of his book, but it is equally necessary to keep up with one's neighbors in all aspects of progress, military or non-military. Supporting what we have related is the statement of the Prophet, may God bless him and grant him peace, to 'Asim bin Thabit [companion of the Prophet, died 625] in the hadith, "Let him who fights, fight as his adversary fights." The meaning of this hadith is made clear in the advice of Abu Bakr [first caliph, reigned 632-634] to Khalid ibn al-Walid [Muslim general, died 642], may God be pleased with both of them, when he sent him to fight the apostates. He said, "O Khalid, may the strength and support of God be conveyed through you to those with you," and he went on to say, "May the people of al-Yamama be seized with fear. After entering their country, match caution with caution. When you meet a fighting party, fight them with the same weapons they use to fight you—arrow for arrow, spear for spear, sword for sword." If Abu Bakr had known this age, he would have said instead cannon, rifles, armored ships, and other such inventions needed for defense. Without these the state of preparation imposed by the Holy Law will not be attained. This requires knowledge of the capabilities of any potential aggressor and an effort to mobilize against him equal or superior strength, which also entails a knowledge of the means leading to this goal. For this reason it can be asked, can we today attain such a level of preparation without progress in the skills and bases of growth to be seen among others? Can this progress be successful without our implementing political tanzimat comparable to those we see among others? These institutions are based on two pillars—justice and liberty—both of which are sources in our own Holy Law. It is well known that these two are the prerequisites for strength and soundness in all kingdoms. Therefore we must press on to the purpose of this book which is to reveal the conditions of the European nations, including what might be suitable for the Islamic umma.
The present situation in the kingdoms of Europe has not long been firmly established. After the attacks of the northern barbarians and the fall of the Roman Empire in 476, Europe fell into a shocking state of savagery, lawlessness and oppression, beginning a movement of decline—which is naturally quicker than that of advance. Europe remained in the noose of slavery to its kings and oppressive grandees of the several nations, called noblesse, until the rule of Emperor Charlemagne [742-814], king of France, and most of the kingdoms of Europe in 768. He exerted every effort to improve the condition of the people by striving to promote knowledge, and in other ways. Then, after his death, Europe returned to its darkest period of ignorance and oppression by its rulers, as will be shown in detail. It is not to be imagined that Europe's peoples arrived at their present state because of a marked fertility or temperateness of its regions, for similar or even better conditions are found in other parts of the world. Nor is it due to the influence of their Christian religion. Although it does urge the enforcement of justice and equality before the law, Christianity does not interfere in political behavior, because it is founded on the concept of retirement from the world and asceticism. Even Jesus, upon him be peace, forbade his disciples from opposing the kings of this world in what relates to politics saying that he did not have dominion over this world, for the authority of his holy law was over the spirits and not the bodies.
Also, the imperfections existing in the provinces of the pope [in Rome], leader of the Christian religion, because of his unwillingness to imitate the political ordering recognized in the rest of the European kingdoms, is a clear sign of what we have mentioned. Rather, Europe has attained these ends and progress in the sciences and industries through tanzimat based on political justice, by smoothing the roads to wealth, and by extracting treasures of the earth with their knowledge of agriculture and commerce. The essential prerequisite for all of this is security and justice, which have become the normal condition in their lands. It is God's custom in His world that justice, good management, and an administrative system duly complied with be the causes of an increase in wealth, peoples, and property, but that the contrary should cause a diminution in all of these things. This is well known from our Holy Law and from both Islamic and non-Islamic histories. The Prophet, may God bless him and grant him peace, has said, "Justice brings glory to the religion, probity to constituted authority and strength to all orders of the people, high and low. Justice guarantees the security and well-being of all subjects." A Persian maxim affirms, "The king is the foundation, and justice is the guardian. What has no foundation will be destroyed, and [what has] no guardian will be lost." The Nasa'ih al-Muluk [Advice to Kings, by al-Ghazzali] asserts that the possessor of authority needs a thousand qualities, all of which can be grouped into two. If he acts by these two he will be just. They are providing for the country's prosperity and the security of its subjects.
Anyone who leafs through the third section of Book One of Muqaddima [The Prolegomenon], by Ibn Khaldun [1332-1406], will find conclusive proof that oppression foreshadows the ruin of civilization, whatever its previous condition. Man's natural propensities are such that unrestricted authority for kings brings about some kind of oppression. This has occurred today in certain Islamic kingdoms. It happened in European kingdoms during those centuries when royal despots had absolute power over God's creatures, without the restraint either of ordinances based on reason, since that was incompatible with their appetites, or of religious law , this being nonexistent in Christianity, which is built on retirement from the world and asceticism, as has been said. That some of the European kingdoms were on the verge of vanishing and losing their independence was due solely to their poor conduct resulting from the unlimited authority of kings, which is to be contrasted with the good behavior of their neighbors at that time from among the Islamic umma. This was the result of their rulers being restricted by shari'a laws applicable to both religious and secular matters. Among its carefully guarded principles are the release of the creature from the exigency of his own passions, the protection of the rights of mankind, whether Muslim or not, and consideration of the public interest appropriate to the time and the circumstances, giving priority to averting corruption over that of advancing the public interest, carrying out the lesser of two evils when one is necessary, and other matters of this nature.
Among the most important of the shari'a principles is the duty of shura [consultation] with which God charged His impeccable Prophet, may God bless him and grant him peace, although Muhammad could have dispensed with this since he received inspiration directly from God, and also because of the many perfections which God had placed in him. The underlying reason for this obligation upon the Prophet was that it should become a tradition incumbent upon later rulers.
Ibn al-'Arabi [Andalusian jurist, 1076-1148] has said, "Consultation is one of the foundations of the religion and God's rule for the two worlds. It is a duty imposed upon all men from the prophet to the least of creatures." Among the sayings of 'Ali, may God be pleased with him, is, "There can be no right behavior when consultation has been omitted." One of the principles upon which there is consensus is that every adult Muslim knowledgeable of what is forbidden is obliged to resist any forbidden act. Al-Ghazzali, the proof of Islam, has said, "The caliphs and kings of Islam want to be refuted, even if they should be in the pulpit."
'Umar ibn al-Khattab [second caliph, 634-644], may God be pleased with him, once said while preaching, "O people, let him among you who sees any deviation in me set it right." A man stood up and said, "By God, if we saw in you deviation we would rectify it with our swords." 'Umar replied, "Praise God who created in this umma him who would rectify with his sword my deviations." There can be no doubt that if a just imam [leader] such as 'Umar, vigorous in defending religion and the rights of the caliphate, had not believed such a harsh retort to be in accordance with the shari'a, he would not have praised God but would have been impelled to oppose it and to rebuke the man who spoke. Al-Ghazzali relates also in the section on "Commanding the Good and Forbidding the Evil" in the Ihya' [Revival] that Mu'awiyya [ibn Abi Sufyan, caliph, 661-680] withheld the people's allowances, and Abu Muslim al-Khawlani [famous ascetic, died 682] came before him saying, "This is not from your toil, nor from that of your father or mother." Mu'awiyya, after stilling his anger with water for ritual ablution, replied, "Abu Muslim is right. This is not the result of my toil nor my father's. Come forward for your allowances."
Without this type of resistance to authority, kingship would not be proper for mankind, because some form of restraint is essential for the maintenance of the human species, but if people exercising this restraint were left to do as they please and rule as they see fit, the fruits to be expected from this need to have a restrainer would not appear to the umma, and the original state of neglect would remain unheeded. It is essential that the restrainer should in turn have a restrainer to provide a check, either in the form of a heavenly shari'a or a policy based on reason, but neither of these can defend its rights if they be violated. For this reason it is incumbent upon the 'ulama' and the notables of the umma to resist evil. The Europeans have established councils and have given freedom to the printing presses. In the Islamic umma, the kings fear those who resist evil, just as the kings of Europe fear the councils and the opinions of the masses that proceed from them and from the freedom of the press. The aim of the two [that is, European and Muslim] is the same: to demand an accounting from the state in order that its conduct may be upright, even if the roads leading to this end may differ. Ibn Khaldun has referred to what we have mentioned in the chapter on the imamate in his Muqaddima in saying, "Since kingship is an expression of the essential grouping together of humans, and its basic characteristic is domination and force, both of which stem from irradicable strength rooted in mankind, the judgments of the holder of authority usually turn aside from the right and are unjust to whoever is under him, for he usually demands of them that which is not within their power. This is because of his appetites. For this reason it is difficult to obey him. Group feeling is produced leading to turmoil and fighting. For this reason it is necessary to return to imposed political laws to which the masses will submit and let themselves be led to their authority as was the case with the Persians and other nations. If the dynasty violates such a policy its position will not be well established and its control will be incomplete. If these laws are imposed by the wisest, most important and most discriminating persons in the state then it is a policy based on human reason. If it is imposed from God All-High by means of a prophet who determines it, it is then a religious policy valid both for this world and the next."
The aforementioned benefit will be realized only if it remains respected through being preserved and protected by such precepts as commanding the good and forbidding the evil, as we have said.
Nor do we deny the possibility of finding among kings one who conducts himself properly in the kingdom without consulting "those qualified to loosen and bind" [political power brokers], and is moved by the love of justice to seek the aid of an informed loyal minister to advise him in complicated matters of public interest. However, this is rare and not to be taken into account, as it depends on qualities which are seldom combined in a single person—and even assuming these qualities were combined in a permanent manner in one person, they would disappear with his death. Thus we must assert that the participation of those qualified to loosen and bind with the kings in all policy matters (with responsibility for administration of the kingdom placed upon the ministers directly responsible, in accordance with precise, well-observed ordinances) is the situation most likely to bring about what is best for the kingdom. It is, at the same time, the best safeguard for the king.
Consideration of human nature thus makes it clear that there are only three types of kings. A king might possess complete knowledge, love what would benefit the country, and be capable of implementing the public interests through discriminating supervision. Or he might possess complete knowledge but have personal aims or appetites that would prevent him from carrying out the general public interests. Or he might be both lacking in knowledge and deficient in executive ability. These same three types can apply to the chief minister as well. It is clear that the obligation of consultation and ministerial responsibility in the case of the first type would not impede the complete knowledge from achieving its good purpose. Rather it would help him, since the opinions of all are an aid in attaining the public interest, just as this facilitates the maintenance of the monarchy in the king's family. If kings are more nearly like the last two types, then the imperative nature of consultation and responsibility would be clear, out of the need for opposition in the second case and for assistance in the third. In this way the condition of the kingdom is set right even if the governor is a prisoner of his appetites or is weak in judgment. As the translator of [John] Stuart Mill [English thinker, 1806-1873] has said, "The English nation reached its highest peak during the reign of George III [reigned 1760-1820], who was mad." This was only through the participation of those qualified to loosen and bind, to whom the ministers were responsible.
It might occur to some weak minds that to entrust with responsibility a minister endowed with good reputation would repair the disadvantages of the last two types, so there would be no need for those qualified to loosen and bind. This is manifestly a mistake, because the matter of advancing a minister to executive power or of removing him is in the hands of the king, and it is not to be imagined that the king would advance someone whom he knows would offer serious opposition to him. Assuming, however, that such a minister were appointed and his conduct commendable, then his situation would turn upon two possibilities. Either he would agree with the king and his retinue in their aims and appetites, showing in a manner hardly to be hidden that his own interests outweighed any concern about the harm done to the kingdom. Or he could oppose them and order those functionaries under him to carry out what the interests of the country require. In that case, where would he get this right and by means of what support would he be able to triumph over that opposition, especially if there is no Holy Law in operation to protect him from the factiousness of his enviers, whose fondest hopes would be to do him harm and in every way available to them to stop his beneficial activities which tend to diminish their personal profit? They might do this by carrying out his orders other than the way intended, or by delaying them beyond the appropriate time in order to make manifest the defects and increase the errors, or by hiding his good qualities and making public his bad qualities in order to turn hearts against him. One of the supplications of 'Ali, may God be pleased with him, was, "God protect me from an enemy who carefully watches me. If he sees something good in me he conceals it, but if he sees bad he divulges it."
If God frustrates their hopes by granting such a minister success in his efforts to administer the kingdom, then they fall back on the tactic of defaming him before the king, saying, "He is acting independently of you. You are king only in name," and other such stories of the type spread by the unrighteous, which could find acceptance even among the thinking man who has not been forewarned, especially in eastern countries. How then in such a situation would it be possible for the minister to carry out the administration of the kingdom within the framework of the public interest, when this entails opposing the man who is both the judge and the plaintiff? Because of this second set of obstacles, the aforementioned minister is obliged either to choose the first situation of conformity and adopt the ways of dissimulation with the disastrous consequences resulting in harm to the homeland, the king, and even to himself, because the sweetness of agreement with the appetites in a situation out of which results destruction of the kingdom will later be followed by the bitterness of remorse, or the minister is obliged to resign from government service once and for all, for even if not for self-protection then in order to escape the consequences of concurring in what would lead to the destruction of the kingdom, which would necessitate punishment for the creator and censure of the creature. He may be permitted to endanger himself for the good of the country, but not his honor and reputation. The obedience to the king and the love of country required of him are realized only by his striving to advise on how to promote the public interest and ward off corruption, if he is able to do this. If not, then he must withhold his agreement to anything which would cause harm. Failing this, then his agreement, with the knowledge of the harm which would ensue, is treason.
It is clear from this that kingdoms administered without regular and well-observed laws under the supervision of those qualified to loosen and bind will be limited in their best and their worst to the person of the king. The extent of success will depend on his ability and probity. This is shown in the situation of the European kingdoms in past centuries, before the establishment of laws, for during that time they had ministers famous to this day for their complete knowledge and valor. Yet they were unable to cut the roots of imperfection growing out of the two types of royal tyranny referred to above. It should not be said that the participation of those qualified to loosen and bind with the princes in all aspects of policy would be a restriction of the imam's jurisdiction or of his executive powers. This is an illusion which can be dispelled by reading Qawanin al-Wizara [Ordinances of Government], by ['Ali ibn Muhammad] al-Mawardi [Iraq, circa 974-1058]. He has said in explaining the delegated vizierate: "This occurs when the imam chooses a vizier to whom he delegates authority to administer affairs as he sees fit and to implement them in accordance with his own independent judgment. The authority of this type of vizierate is not restricted, for God all High has related the speech of His prophet Moses, upon him be peace, 'Appoint for me a helper [wazir] from among my people, my brother Aaron. Increase my strength with him and cause him to share my task.' So, if this is permissible for the prophethood, it is even more permissible for the imamate."
Therefore, if the imam's sharing his power with the delegated vizierate in the aforementioned manner is permissible and is not deemed a diminution of his general executive authority, then his sharing of power with a group—those qualified to loosen and bind—in all aspects of policy is even more permissible, because a group of opinions is more likely to attain the correct answer. For this reason when 'Umar ibn al-Khattab, may God be pleased with him, made succession to the caliphate a matter of consultation among six persons, he said, "If you divide two against four, then decide in favor of the four"— Sayyid al-Sanad [reference unclear] adds the commentary that his preference was for the majority, since their opinion was more likely to be correct— "and if you are equally divided then decide in favor of the party which includes 'Abd al-Rahman ibn 'Awf [a companion of the Prophet, died circa 652]."
On the other hand, al-Maula Sa'd al-Din [Taftazani, 1332-1389] in the Sharh al-'Aqa'id [Explanation of "The Creed"] does not even disallow the sharing of the executive authority of the imamate. He restricts his disallowing of multiplicity to whatever might create corruption. As he has stated in the course of an exposition, "The unauthorized imamate is the appointment of two independent imams with obedience owed to each of them separately, for this could create an obligation to obey conflicting ordinances, but all forms of consultation with a single imam are authorized." This is because the multiplicity of persons in no way contradicts the unity of the imamate, which is linked to the unity of commanding and forbidding. Commentators on Sa'd, such as 'Isam al-Din [probably al-Isfara'ini, died circa 1544] and 'Abd al-Hakim [possibly Siyalkuti, died 1657], have approved his statement, and [Ahmad ibn Musa] al-Khayali [died circa 1457] confirmed it in saying, "This also is to be agreed to." In sum, they all recognize the soundness of Sa'd's statement. It is thus clear how even more explicitly acceptable is consultation in general policy matters in the sense referred to here, for this is less extensive than consultation in all executive acts. In the former type of consultation there is no restriction upon either the general scope or the basic prerogatives of the imamate, for the view of those qualified to loosen and bind would be tantamount to that of the imam. It should also be noted that the imam is the one who would promulgate any decision, as he is the one having exclusive charge of implementation and direction, just as he has exclusive authority over executive activities not requiring the association of others, such as carrying out political and commercial relations with foreigners, appointing and dismissing administrators, execution of all judgments, and other such executive actions which are the very bases of the unity of command. Additional evidence is to be found in the words of the Imam Ibn al-'Arabi, who said on the subject of special taxes taken from the people when the treasury is empty, "they should be taken publicly not secretly, the sums should be spent justly not appropriated exclusively, and in accordance with the views of the public, not arbitrarily."
As an additional element of clarification, let us try to understand this by means of a parable. The owner of a large garden, for example, in the management and care of his trees would not be able to do without the assistance of helpers knowledgeable about trees and what causes them to prosper or wither. Now it might happen that the owner of the garden wanted to cut some of the branches of his trees, believing that would strengthen the roots and increase the fruit, but his helpers disagreed, knowing from the basic principles of cultivation that pruning at that time would kill the tree at the roots. In such circumstances, to obstruct the owner's wish could not be considered a restriction on the scope of his supervision or his complete executive authority in his garden. Or the helpers might attempt to stop the owner in what he wanted to do because of the Holy Law. For example, if the owner should wish to sell the fruit before it was ripe, they would indicate to him that such action would displease the Creator of the trees, who is the true owner. This might oblige him to accept their advice in these two cases; but if not, the blame would fall upon him, and he would deserve to be deprived of the garden. Can it be argued that this was a restriction on the owner of the garden, when giving him his way would have been contrary to divine wisdom that the production of the world and the exploitation of the earth is for the sons of Adam? It is true that the yield from the garden belongs to its owner, but whether it belongs to him, to someone else, or even if his position was—as 'Umar, may God be pleased with him, said—like that of the orphan's guardian, one should not think that such action is a restriction upon the owner. It is well known that the imam's freedom of action concerning the condition of his subjects does not extend beyond the limits of the public interest. Furthering the interests of the umma and managing its policies are matters which do not come easily to everyone. In such circumstances, to obstruct his will when he does something beyond the limits of permissible action is, as we have explained, a means of liberation from the unsoundness of that argument. Thus, there can be no prohibition on the type of consultation which has already been described. Whoever gives due attention to the matter of necessity, as Shaykh Ibn al-'Arabi has done (for he is our source in all that we have previously stated), would not hesitate to assert that this is necessary especially in these times characterized by a dearth of knowledge and an abundance of tyranny. In a conversation I had with a European notable, I was praising at length their king and mentioning his great knowledge of political fundamentals, when he replied that the king by his very nature and intelligence was incapable of acting in the wrong manner. "Then why," I asked, "are you so sparing in granting him freedom of action in government, and why do you wish to participate with him in the affairs of the kingdom, for you concede that given his qualities no such participation is needed?" He replied, "Who will guarantee to us that he and his descendants after him shall remain upright?"
Since what we have been presenting on this subject indicates that liberty is the basis of the great development of knowledge and civilization in the European kingdoms, we believe it imperative to demonstrate the meaning of liberty in actual practice, in order to avert any possible ambiguity.
The expression "liberty" is used by Europeans in two senses. One is called "personal liberty." This is the individual's complete freedom of action over one's self and property, and the protection of one's person, honor, and wealth. Each is equal before the law to others of the race, so that no individuals need fear encroachment upon their person nor any of their other rights. They would not be prosecuted for anything not provided for in the laws of the land, duly determined before the courts. In general, the laws bind both the rulers and the subjects. Liberty in this sense exists in all the European countries except the Papal State and the Muscovite state, for these two are despotisms. Although these two possess established laws, this is not enough to protect the rights of the umma, for the influence of those laws depends on the will of the king.
The second sense of liberty is political liberty, which is the demand of the subjects to participate in the politics of the kingdom and to discuss the best course of action. This is similar to what the second caliph, 'Umar ibn al-Khattab, may God be pleased with him, referred to in saying, "Whoever among you sees any crookedness, then let him set it straight," meaning any deviation in his conduct or governance of the umma.
Since the granting of liberty in this sense to all the people is most likely to cause a divergence of views and result in confusion, the people instead elect from among those possessing knowledge and virtue a group called by the Europeans the Chamber of General Deputies. We would call them those qualified to loosen and bind, even though this [latter] group is not elected by the people. This is because the avoidance of the reprehensible in our shari'a is in the category of those responsibilities which can be delegated. If some members of the community assume the responsibility, then the obligation is removed from the rest of the community. When such a group is so designated, this responsibility becomes a strictly prescribed obligation upon them.
The Chamber of Deputies is to be found in all European kingdoms except the Papal State and Russia. The chamber has the right to discuss in the presence of the ministers and other statesmen which lines of state policy seem to be beneficial or the contrary, and other such matters affecting the public interest, as will be seen.
In addition to this there remains to the public something else which is called freedom of the press, that is, people cannot be prevented from writing what seems to them to be in the public interest, in books or newspapers which can be read by the public. Or they can present their views to the state or the chambers, even if this includes opposition to the state's policy.
In this matter there are differences among the European states. There are those who have obtained this second liberty with the first, thus achieving absolute liberty. In others, the rulers have granted the people the second liberty subject to important conditions, for these governments have refused their subjects rights which it would be easy to bestow upon subjects of other states. This is because the conditions of kingdoms vary according to the aims of their subjects. Some subjects resist their kings only in order to have the right of opposing the state if it turns aside from the straight path, and to draw it toward a policy of benefit to the kingdom. In such circumstances it is easy for kings to grant complete liberty, because the ruler and the subjects share the same aim regarding the public interest.
There are those subjects who suppose that the reason for the struggle is to exacerbate factionalism and fanaticism, so that the subjects are divided into parties, with each seeking the policy which it believes most beneficial for the kingdom. Some believe the state should be a republic. Some would choose the monarch from a different family than the one favored by others. This causes the dynasty to believe that the opposition of the various parties, even if it appears to be confined to returning the state to the paths of public interest, actually hides an ulterior motive. As a result of this belief, some kings deem it permissible to abstain from granting complete liberty. This leads to the consequences already mentioned.
One of the duties in kingdoms that have granted liberty, even if only personal liberty, is that its subjects should repay having received this blessing by working to bring about its possible consequences and benefits. They can do this by concerning themselves with the various branches of knowledge and all kinds of industries, which can be reduced to four basic categories: agriculture, commerce, physical work, and intellectual activity. These four categories are the foundation of material well-being, which causes the growth of human ambition, and are a complement to liberty, which is based on justice and the sound organization of society.
Artisans, for example, must feel secure against being despoiled of any of the fruits of their labor or hampered in certain aspects of their work. What does it profit a people to have fertile lands with bountiful crops if the sowers cannot realize the harvest of what they have planted? Who then will venture to sow it? Because of the faint hope of the people in many lands of Asia and Africa, you find the most fertile fields uncultivated and neglected. There can be no doubt that the hostile action against property cuts off hopes, and with the severance of hope comes the severance of activities, until finally destitution becomes so pervasive that it leads to annihilation.
Among the most important things the Europeans have gathered from the lofty tree of liberty are the improvements in communications by means of railroads, support for commercial societies, and the attention given to technical training. By means of the railroads, products can be imported from distant lands quickly enough to be useful, whereas their importation was formerly impossible. They would have spoiled en route or the freight costs would have been several times the value of the goods.
With these societies the circulation of capital is expanded, profits increase accordingly, and wealth is put into the hands of the most proficient who can cause it to increase.
Through technical training wealth gains the necessary means of productive activity from among the ranks of those without capital. We have seen that the countries which have progressed to the highest ranks of prosperity are those having established the roots of liberty and the constitution, synonymous with political tanzimat. Their peoples have reaped its benefits by directing their efforts to the interests of the world in which they live. One of the benefits of liberty is complete control over the conduct of commerce. If people lose the assurance that their property will be protected, they are compelled to hide it. Then it becomes impossible for them to put it into circulation.
In general, if liberty is lost in the kingdom, then comfort and wealth will disappear, and poverty and high prices will overwhelm its peoples. Their perceptiveness and zeal will be weakened, as both logic and experience reveal.
I praise Him. He is to be praised at all times and in all tongues. And I pray for His servant and our master Muhammad, who was sent with the Book and the Balance. To whom it was revealed that God commands justice and charity. And I pray for his family and his companions, the guardians of his Holy Law, which is suitable for all times. Whose rulings describe orbits around the two points of faith and God's protection.
After this invocation the compiler of these pages says, "May God guide him to the surest path."
After I had long contemplated the causes of the progress and backwardness of nations, generation after generation, relying on the Islamic and European histories I was able to examine, and on what the authors of both groups have written concerning the Islamic umma [community], its attributes, and its future, according to evidence which experience has decreed should be accepted, I decided to assert what I believe no intelligent Muslim will contradict and no one who has been shown the evidence will oppose: if we consider the competition of nations in the fields of civilization and the keen rivalry of even the greatest among them to achieve what is most beneficial and helpful, it becomes clear that we can properly distinguish what is most suitable for us only by having knowledge of those outside our own group, and especially of those who surround us and live close to us.
Further, if we consider the many ways which have been created in these times to bring people and ideas closer together, we will not hesitate to visualize the world as a single, united country peopled by various nations who surely need each other. The general benefit to be derived from the experience of each nation, even when it is pursuing its own personal interests, suffices to make it sought after by the rest of mankind.
Whoever considers these two undoubtedly true principles, and who according to religion knows that the Islamic shari'a [religious law] is a guarantor for the two worlds, will necessarily recognize that secular organization is a firm foundation for supporting the religious system. Such a person will then be saddened to see that certain 'ulama' [religious scholars] of Islam who are entrusted to take into consideration the changing circumstances of time in the application of the Law are opposed even to learning about domestic events, and their minds are empty of any knowledge of the outside world. This is undoubtedly one of the most imposing obstacles to a knowledge of the most appropriate course of action in this world.
Is it fitting that the physicians of the umma should be ignorant of its ailments? Or that they should direct their concern to acquiring the essence of knowledge to the exclusion of its contingent circumstances?
We are likewise saddened by such ignorance on the part of certain statesmen and a feigning of ignorance by others out of a predilection for despotism.
For this reason I was fired to believe that if I assembled what years of thought and reflection had produced, plus what I had seen during my travels to the various states of Europe where I had been sent by His Excellency the Bey [Muhammad al-Sadiq, ruler of Tunisia, 1859-present], then my effort might not be without benefit, especially if it comes upon hearts working together in defense of Islam.
Thus, the object of this book is to remind the learned 'ulama' of their responsibility to know the important events of these days and to awaken the heedless both among the politicians and all the classes of the people by demonstrating what would be a proper domestic and foreign conduct. It is also to call attention to these aspects of the Frankish [European] nations—especially those having close contacts or attachments with us—which ought to be known. This includes their own eagerness to learn about other nations. The folding-in of the globe, whose farthest distance is now connected with its nearest, makes this easier.
With God's help I have collected all possible information about European inventions related to economic and administrative policies, with reference to their situation in earlier times. I have shown their progress in the governance of mankind, which has led to the utmost point of prosperity for their countries. I have also noted the superiority formerly held by the Islamic umma (as attested by even the most important European historians) in the two fields of knowledge and prosperity at a time when the shari'a exerted its influence on the umma's conditions, and all conduct was regulated accordingly.
The purpose in mentioning how the European kingdoms attained their present strength and worldly power is that we may choose what is suitable to our own circumstance which at the same time supports and is in accordance with our shari'a. Then, we may be able to restore what was taken from our hands and by use of it overcome the present predicament of negligence existing among us.
In addition, other material which the reader might properly expect on such a subject, including observations based either on precedent or reasoning, will be found throughout the several chapters.
I have called the book The Surest Path to Knowledge Concerning the Conditions of Countries. It is made up of an introduction and two books, each of which has several chapters.
With the guidance of God we seek the paths of integrity and correctness. Should this prove to be above my own powers, the indulgence of my distinguished readers is to be hoped for as a means of averting my own poverty. And good intentions are, if the All-High God so wills, a sufficient guarantee to the attainment of aspirations.
The motive for a work is its true beginning. Therefore it is appropriate that we set out our motive in writing. Nor will we be content to indicate what compelled us to compose this work. Rather we believe it important to build certain arguments upon it. Our incentive is a desire to accomplish two tasks leading to one ultimate goal.
The first task is to spur on those statesmen and savants having zeal and resolution to seek all possible ways of improving the condition of the Islamic umma and of promoting the means of its development by such things as expanding the scope of the sciences and knowledge, smoothing the paths to wealth in agriculture and commerce, promoting all the industries, and eliminating the causes of idleness. The basic requirement is good government, from which is born that security, hope, and proficiency in work to be seen in the European kingdoms. No further evidence is needed of this.
The second task is to warn the heedless among the Muslim masses against their persistent opposition to the behavior of others that is praiseworthy and in conformity with our Holy Law, simply because they are possessed with the idea that all behavior and organizations of non-Muslims must be renounced, their books must be cast out and not mentioned, and anyone praising such things should be disavowed. This attitude is a mistake under any circumstances.
There is no reason to reject or ignore something which is correct and demonstrable simply because it comes from others, especially if we had formerly possessed it and it had been taken from us. On the contrary, there is an obligation to restore it and put it to use. Anyone devoted to religion should not be deterred from initiating the commendable actions related to worldly interests of one religiously misguided. This is what the French have done. By ceaselessly emulating what they deem good in the work of others, they have attained the sound organization of their affairs in this world to be witnessed by all. Discriminating critics must sift out the truth by a probing examination of the thing concerned, whether it be word or deed. If they find it to be correct, they should accept and adopt it whether or not its originator be from among the faithful. It is not according to the person that truth is known. Rather, it is by truth that the person is known. W isdom is the goal of the believer. One is to take it wherever one finds it.
When Salman the Persian [a companion of the Prophet], may God be pleased with him, indicated to the Prophet of God, may God bless him and grant him peace, that the Persians had a custom, when besieged by the enemy, of surrounding their cities with a moat as a protection against attack, the Prophet of God, may God bless him and grant him peace, took his advice and dug a moat around Medina when it was attacked. He even worked in it himself in order to exhort the Muslims. 'Ali [ibn Abi Talib, son-in-law and fourth successor of the Prophet, reigned 656-661], may God honor him, has said, "Do not pay attention to who spoke, but pay attention to what was said." If it was permissible for the virtuous ancestors to take such things as logic from outside their own religious community, and to translate it from Greek when they saw it as being among the beneficial instruments—so much so that [Abu Hamid Muhammad] al-Ghazzali [1058- 1111] said, "The learning of a man having no knowledge of logic is not to be trusted"—then what objection can there be today to our adopting certain skills that we see we greatly need in order to resist intrigues and attract benefits?
In the Sunan al-Muhtadin [Traditions of the Rightly Guided] by the Maliki scholar Shaykh al-Mawwaq [Abu 'Abdullah al-Gharnati, Andalusian judge, died 1492] is found the following, "The acts of non-Muslims which we have forbidden are those which violate the requirements of our canon law. There is no need to abandon acts practiced by non-Muslims that are in accordance with the shari'a categories of obligatory, recommended or permissible because the Holy Law does not forbid the imitation of anyone who does what God permits."
On the margin of Durr al-Mukhtar [The Selected Pearls] by the learned Shaykh Muhammad Ibn ' Abidin al-Hanafi [jurist of Damascus, 1783-1836] is found the following, "There is no harm in imitation of that which is linked to the good of the believers."
Actually, if we reflect on the situation of those critical Muslims and the European actions they approve of, we find them refusing to accept tanzimat [administrative reforms of the nineteenth century] and its results, while not avoiding other things which harm them. We see them vying with each other in clothing, home furnishings, and such everyday needs just as in weapons and all military requirements. The truth is that all of these things are European products. There is no hiding the disgrace and the deficiencies in economic development and public policy which overtake the umma as a result. The disgrace is our needing outsiders for most necessities, indicating the backwardness of the umma in skills. The shortcoming in economic development is the failure to use our country's industries to process the goods we have produced, for this should be a major source of gain. Corroboration of this statement is in seeing, for example, our shepherd, or silk farmer or cotton farmer, defying fatigue for the entire year, sell the produce of his labor to the European for a cheap price, and then in a short time buy it back, after it has been processed, at a price several times higher. In sum, we now get only the value of our land's raw materials. We receive none of the increased value resulting from the manufacturing process, the basic means of creating abundance, both for us and for others. Under these circumstances, if we considered the total of what is exported from the kingdom and compared it with the imports and found that the two approximate each other, it would be the lesser of two evils, for if the value of imports exceeds the exports, ruin will unavoidably take place.
As for political imperfections, the kingdom's need for others stands as an obstacle to its independence and a weakener of its vigor, especially when linked to the need for military necessities, which if easy to purchase in peacetime are not easy in time of war, even at many times the value. There is no reason for all this except European technical progress resulting from tanzimat based on justice and liberty. How can a thinking man deprive himself of something which, in itself, he approves of? How can he lightly turn down what will benefit him, simply because of unfounded misgivings and misplaced caution? It is worth mentioning in this connection the statement of a European author on military policy, "Kingdoms which do not keep pace with the military inventions and tactics of their neighbors risk becoming, sooner or later, their prey." He singles out military matters because that is the subject of his book, but it is equally necessary to keep up with one's neighbors in all aspects of progress, military or non-military. Supporting what we have related is the statement of the Prophet, may God bless him and grant him peace, to 'Asim bin Thabit [companion of the Prophet, died 625] in the hadith, "Let him who fights, fight as his adversary fights." The meaning of this hadith is made clear in the advice of Abu Bakr [first caliph, reigned 632-634] to Khalid ibn al-Walid [Muslim general, died 642], may God be pleased with both of them, when he sent him to fight the apostates. He said, "O Khalid, may the strength and support of God be conveyed through you to those with you," and he went on to say, "May the people of al-Yamama be seized with fear. After entering their country, match caution with caution. When you meet a fighting party, fight them with the same weapons they use to fight you—arrow for arrow, spear for spear, sword for sword." If Abu Bakr had known this age, he would have said instead cannon, rifles, armored ships, and other such inventions needed for defense. Without these the state of preparation imposed by the Holy Law will not be attained. This requires knowledge of the capabilities of any potential aggressor and an effort to mobilize against him equal or superior strength, which also entails a knowledge of the means leading to this goal. For this reason it can be asked, can we today attain such a level of preparation without progress in the skills and bases of growth to be seen among others? Can this progress be successful without our implementing political tanzimat comparable to those we see among others? These institutions are based on two pillars—justice and liberty—both of which are sources in our own Holy Law. It is well known that these two are the prerequisites for strength and soundness in all kingdoms. Therefore we must press on to the purpose of this book which is to reveal the conditions of the European nations, including what might be suitable for the Islamic umma.
The present situation in the kingdoms of Europe has not long been firmly established. After the attacks of the northern barbarians and the fall of the Roman Empire in 476, Europe fell into a shocking state of savagery, lawlessness and oppression, beginning a movement of decline—which is naturally quicker than that of advance. Europe remained in the noose of slavery to its kings and oppressive grandees of the several nations, called noblesse, until the rule of Emperor Charlemagne [742-814], king of France, and most of the kingdoms of Europe in 768. He exerted every effort to improve the condition of the people by striving to promote knowledge, and in other ways. Then, after his death, Europe returned to its darkest period of ignorance and oppression by its rulers, as will be shown in detail. It is not to be imagined that Europe's peoples arrived at their present state because of a marked fertility or temperateness of its regions, for similar or even better conditions are found in other parts of the world. Nor is it due to the influence of their Christian religion. Although it does urge the enforcement of justice and equality before the law, Christianity does not interfere in political behavior, because it is founded on the concept of retirement from the world and asceticism. Even Jesus, upon him be peace, forbade his disciples from opposing the kings of this world in what relates to politics saying that he did not have dominion over this world, for the authority of his holy law was over the spirits and not the bodies.
Also, the imperfections existing in the provinces of the pope [in Rome], leader of the Christian religion, because of his unwillingness to imitate the political ordering recognized in the rest of the European kingdoms, is a clear sign of what we have mentioned. Rather, Europe has attained these ends and progress in the sciences and industries through tanzimat based on political justice, by smoothing the roads to wealth, and by extracting treasures of the earth with their knowledge of agriculture and commerce. The essential prerequisite for all of this is security and justice, which have become the normal condition in their lands. It is God's custom in His world that justice, good management, and an administrative system duly complied with be the causes of an increase in wealth, peoples, and property, but that the contrary should cause a diminution in all of these things. This is well known from our Holy Law and from both Islamic and non-Islamic histories. The Prophet, may God bless him and grant him peace, has said, "Justice brings glory to the religion, probity to constituted authority and strength to all orders of the people, high and low. Justice guarantees the security and well-being of all subjects." A Persian maxim affirms, "The king is the foundation, and justice is the guardian. What has no foundation will be destroyed, and [what has] no guardian will be lost." The Nasa'ih al-Muluk [Advice to Kings, by al-Ghazzali] asserts that the possessor of authority needs a thousand qualities, all of which can be grouped into two. If he acts by these two he will be just. They are providing for the country's prosperity and the security of its subjects.
Anyone who leafs through the third section of Book One of Muqaddima [The Prolegomenon], by Ibn Khaldun [1332-1406], will find conclusive proof that oppression foreshadows the ruin of civilization, whatever its previous condition. Man's natural propensities are such that unrestricted authority for kings brings about some kind of oppression. This has occurred today in certain Islamic kingdoms. It happened in European kingdoms during those centuries when royal despots had absolute power over God's creatures, without the restraint either of ordinances based on reason, since that was incompatible with their appetites, or of religious law , this being nonexistent in Christianity, which is built on retirement from the world and asceticism, as has been said. That some of the European kingdoms were on the verge of vanishing and losing their independence was due solely to their poor conduct resulting from the unlimited authority of kings, which is to be contrasted with the good behavior of their neighbors at that time from among the Islamic umma. This was the result of their rulers being restricted by shari'a laws applicable to both religious and secular matters. Among its carefully guarded principles are the release of the creature from the exigency of his own passions, the protection of the rights of mankind, whether Muslim or not, and consideration of the public interest appropriate to the time and the circumstances, giving priority to averting corruption over that of advancing the public interest, carrying out the lesser of two evils when one is necessary, and other matters of this nature.
Among the most important of the shari'a principles is the duty of shura [consultation] with which God charged His impeccable Prophet, may God bless him and grant him peace, although Muhammad could have dispensed with this since he received inspiration directly from God, and also because of the many perfections which God had placed in him. The underlying reason for this obligation upon the Prophet was that it should become a tradition incumbent upon later rulers.
Ibn al-'Arabi [Andalusian jurist, 1076-1148] has said, "Consultation is one of the foundations of the religion and God's rule for the two worlds. It is a duty imposed upon all men from the prophet to the least of creatures." Among the sayings of 'Ali, may God be pleased with him, is, "There can be no right behavior when consultation has been omitted." One of the principles upon which there is consensus is that every adult Muslim knowledgeable of what is forbidden is obliged to resist any forbidden act. Al-Ghazzali, the proof of Islam, has said, "The caliphs and kings of Islam want to be refuted, even if they should be in the pulpit."
'Umar ibn al-Khattab [second caliph, 634-644], may God be pleased with him, once said while preaching, "O people, let him among you who sees any deviation in me set it right." A man stood up and said, "By God, if we saw in you deviation we would rectify it with our swords." 'Umar replied, "Praise God who created in this umma him who would rectify with his sword my deviations." There can be no doubt that if a just imam [leader] such as 'Umar, vigorous in defending religion and the rights of the caliphate, had not believed such a harsh retort to be in accordance with the shari'a, he would not have praised God but would have been impelled to oppose it and to rebuke the man who spoke. Al-Ghazzali relates also in the section on "Commanding the Good and Forbidding the Evil" in the Ihya' [Revival] that Mu'awiyya [ibn Abi Sufyan, caliph, 661-680] withheld the people's allowances, and Abu Muslim al-Khawlani [famous ascetic, died 682] came before him saying, "This is not from your toil, nor from that of your father or mother." Mu'awiyya, after stilling his anger with water for ritual ablution, replied, "Abu Muslim is right. This is not the result of my toil nor my father's. Come forward for your allowances."
Without this type of resistance to authority, kingship would not be proper for mankind, because some form of restraint is essential for the maintenance of the human species, but if people exercising this restraint were left to do as they please and rule as they see fit, the fruits to be expected from this need to have a restrainer would not appear to the umma, and the original state of neglect would remain unheeded. It is essential that the restrainer should in turn have a restrainer to provide a check, either in the form of a heavenly shari'a or a policy based on reason, but neither of these can defend its rights if they be violated. For this reason it is incumbent upon the 'ulama' and the notables of the umma to resist evil. The Europeans have established councils and have given freedom to the printing presses. In the Islamic umma, the kings fear those who resist evil, just as the kings of Europe fear the councils and the opinions of the masses that proceed from them and from the freedom of the press. The aim of the two [that is, European and Muslim] is the same: to demand an accounting from the state in order that its conduct may be upright, even if the roads leading to this end may differ. Ibn Khaldun has referred to what we have mentioned in the chapter on the imamate in his Muqaddima in saying, "Since kingship is an expression of the essential grouping together of humans, and its basic characteristic is domination and force, both of which stem from irradicable strength rooted in mankind, the judgments of the holder of authority usually turn aside from the right and are unjust to whoever is under him, for he usually demands of them that which is not within their power. This is because of his appetites. For this reason it is difficult to obey him. Group feeling is produced leading to turmoil and fighting. For this reason it is necessary to return to imposed political laws to which the masses will submit and let themselves be led to their authority as was the case with the Persians and other nations. If the dynasty violates such a policy its position will not be well established and its control will be incomplete. If these laws are imposed by the wisest, most important and most discriminating persons in the state then it is a policy based on human reason. If it is imposed from God All-High by means of a prophet who determines it, it is then a religious policy valid both for this world and the next."
The aforementioned benefit will be realized only if it remains respected through being preserved and protected by such precepts as commanding the good and forbidding the evil, as we have said.
Nor do we deny the possibility of finding among kings one who conducts himself properly in the kingdom without consulting "those qualified to loosen and bind" [political power brokers], and is moved by the love of justice to seek the aid of an informed loyal minister to advise him in complicated matters of public interest. However, this is rare and not to be taken into account, as it depends on qualities which are seldom combined in a single person—and even assuming these qualities were combined in a permanent manner in one person, they would disappear with his death. Thus we must assert that the participation of those qualified to loosen and bind with the kings in all policy matters (with responsibility for administration of the kingdom placed upon the ministers directly responsible, in accordance with precise, well-observed ordinances) is the situation most likely to bring about what is best for the kingdom. It is, at the same time, the best safeguard for the king.
Consideration of human nature thus makes it clear that there are only three types of kings. A king might possess complete knowledge, love what would benefit the country, and be capable of implementing the public interests through discriminating supervision. Or he might possess complete knowledge but have personal aims or appetites that would prevent him from carrying out the general public interests. Or he might be both lacking in knowledge and deficient in executive ability. These same three types can apply to the chief minister as well. It is clear that the obligation of consultation and ministerial responsibility in the case of the first type would not impede the complete knowledge from achieving its good purpose. Rather it would help him, since the opinions of all are an aid in attaining the public interest, just as this facilitates the maintenance of the monarchy in the king's family. If kings are more nearly like the last two types, then the imperative nature of consultation and responsibility would be clear, out of the need for opposition in the second case and for assistance in the third. In this way the condition of the kingdom is set right even if the governor is a prisoner of his appetites or is weak in judgment. As the translator of [John] Stuart Mill [English thinker, 1806-1873] has said, "The English nation reached its highest peak during the reign of George III [reigned 1760-1820], who was mad." This was only through the participation of those qualified to loosen and bind, to whom the ministers were responsible.
It might occur to some weak minds that to entrust with responsibility a minister endowed with good reputation would repair the disadvantages of the last two types, so there would be no need for those qualified to loosen and bind. This is manifestly a mistake, because the matter of advancing a minister to executive power or of removing him is in the hands of the king, and it is not to be imagined that the king would advance someone whom he knows would offer serious opposition to him. Assuming, however, that such a minister were appointed and his conduct commendable, then his situation would turn upon two possibilities. Either he would agree with the king and his retinue in their aims and appetites, showing in a manner hardly to be hidden that his own interests outweighed any concern about the harm done to the kingdom. Or he could oppose them and order those functionaries under him to carry out what the interests of the country require. In that case, where would he get this right and by means of what support would he be able to triumph over that opposition, especially if there is no Holy Law in operation to protect him from the factiousness of his enviers, whose fondest hopes would be to do him harm and in every way available to them to stop his beneficial activities which tend to diminish their personal profit? They might do this by carrying out his orders other than the way intended, or by delaying them beyond the appropriate time in order to make manifest the defects and increase the errors, or by hiding his good qualities and making public his bad qualities in order to turn hearts against him. One of the supplications of 'Ali, may God be pleased with him, was, "God protect me from an enemy who carefully watches me. If he sees something good in me he conceals it, but if he sees bad he divulges it."
If God frustrates their hopes by granting such a minister success in his efforts to administer the kingdom, then they fall back on the tactic of defaming him before the king, saying, "He is acting independently of you. You are king only in name," and other such stories of the type spread by the unrighteous, which could find acceptance even among the thinking man who has not been forewarned, especially in eastern countries. How then in such a situation would it be possible for the minister to carry out the administration of the kingdom within the framework of the public interest, when this entails opposing the man who is both the judge and the plaintiff? Because of this second set of obstacles, the aforementioned minister is obliged either to choose the first situation of conformity and adopt the ways of dissimulation with the disastrous consequences resulting in harm to the homeland, the king, and even to himself, because the sweetness of agreement with the appetites in a situation out of which results destruction of the kingdom will later be followed by the bitterness of remorse, or the minister is obliged to resign from government service once and for all, for even if not for self-protection then in order to escape the consequences of concurring in what would lead to the destruction of the kingdom, which would necessitate punishment for the creator and censure of the creature. He may be permitted to endanger himself for the good of the country, but not his honor and reputation. The obedience to the king and the love of country required of him are realized only by his striving to advise on how to promote the public interest and ward off corruption, if he is able to do this. If not, then he must withhold his agreement to anything which would cause harm. Failing this, then his agreement, with the knowledge of the harm which would ensue, is treason.
It is clear from this that kingdoms administered without regular and well-observed laws under the supervision of those qualified to loosen and bind will be limited in their best and their worst to the person of the king. The extent of success will depend on his ability and probity. This is shown in the situation of the European kingdoms in past centuries, before the establishment of laws, for during that time they had ministers famous to this day for their complete knowledge and valor. Yet they were unable to cut the roots of imperfection growing out of the two types of royal tyranny referred to above. It should not be said that the participation of those qualified to loosen and bind with the princes in all aspects of policy would be a restriction of the imam's jurisdiction or of his executive powers. This is an illusion which can be dispelled by reading Qawanin al-Wizara [Ordinances of Government], by ['Ali ibn Muhammad] al-Mawardi [Iraq, circa 974-1058]. He has said in explaining the delegated vizierate: "This occurs when the imam chooses a vizier to whom he delegates authority to administer affairs as he sees fit and to implement them in accordance with his own independent judgment. The authority of this type of vizierate is not restricted, for God all High has related the speech of His prophet Moses, upon him be peace, 'Appoint for me a helper [wazir] from among my people, my brother Aaron. Increase my strength with him and cause him to share my task.' So, if this is permissible for the prophethood, it is even more permissible for the imamate."
Therefore, if the imam's sharing his power with the delegated vizierate in the aforementioned manner is permissible and is not deemed a diminution of his general executive authority, then his sharing of power with a group—those qualified to loosen and bind—in all aspects of policy is even more permissible, because a group of opinions is more likely to attain the correct answer. For this reason when 'Umar ibn al-Khattab, may God be pleased with him, made succession to the caliphate a matter of consultation among six persons, he said, "If you divide two against four, then decide in favor of the four"— Sayyid al-Sanad [reference unclear] adds the commentary that his preference was for the majority, since their opinion was more likely to be correct— "and if you are equally divided then decide in favor of the party which includes 'Abd al-Rahman ibn 'Awf [a companion of the Prophet, died circa 652]."
On the other hand, al-Maula Sa'd al-Din [Taftazani, 1332-1389] in the Sharh al-'Aqa'id [Explanation of "The Creed"] does not even disallow the sharing of the executive authority of the imamate. He restricts his disallowing of multiplicity to whatever might create corruption. As he has stated in the course of an exposition, "The unauthorized imamate is the appointment of two independent imams with obedience owed to each of them separately, for this could create an obligation to obey conflicting ordinances, but all forms of consultation with a single imam are authorized." This is because the multiplicity of persons in no way contradicts the unity of the imamate, which is linked to the unity of commanding and forbidding. Commentators on Sa'd, such as 'Isam al-Din [probably al-Isfara'ini, died circa 1544] and 'Abd al-Hakim [possibly Siyalkuti, died 1657], have approved his statement, and [Ahmad ibn Musa] al-Khayali [died circa 1457] confirmed it in saying, "This also is to be agreed to." In sum, they all recognize the soundness of Sa'd's statement. It is thus clear how even more explicitly acceptable is consultation in general policy matters in the sense referred to here, for this is less extensive than consultation in all executive acts. In the former type of consultation there is no restriction upon either the general scope or the basic prerogatives of the imamate, for the view of those qualified to loosen and bind would be tantamount to that of the imam. It should also be noted that the imam is the one who would promulgate any decision, as he is the one having exclusive charge of implementation and direction, just as he has exclusive authority over executive activities not requiring the association of others, such as carrying out political and commercial relations with foreigners, appointing and dismissing administrators, execution of all judgments, and other such executive actions which are the very bases of the unity of command. Additional evidence is to be found in the words of the Imam Ibn al-'Arabi, who said on the subject of special taxes taken from the people when the treasury is empty, "they should be taken publicly not secretly, the sums should be spent justly not appropriated exclusively, and in accordance with the views of the public, not arbitrarily."
As an additional element of clarification, let us try to understand this by means of a parable. The owner of a large garden, for example, in the management and care of his trees would not be able to do without the assistance of helpers knowledgeable about trees and what causes them to prosper or wither. Now it might happen that the owner of the garden wanted to cut some of the branches of his trees, believing that would strengthen the roots and increase the fruit, but his helpers disagreed, knowing from the basic principles of cultivation that pruning at that time would kill the tree at the roots. In such circumstances, to obstruct the owner's wish could not be considered a restriction on the scope of his supervision or his complete executive authority in his garden. Or the helpers might attempt to stop the owner in what he wanted to do because of the Holy Law. For example, if the owner should wish to sell the fruit before it was ripe, they would indicate to him that such action would displease the Creator of the trees, who is the true owner. This might oblige him to accept their advice in these two cases; but if not, the blame would fall upon him, and he would deserve to be deprived of the garden. Can it be argued that this was a restriction on the owner of the garden, when giving him his way would have been contrary to divine wisdom that the production of the world and the exploitation of the earth is for the sons of Adam? It is true that the yield from the garden belongs to its owner, but whether it belongs to him, to someone else, or even if his position was—as 'Umar, may God be pleased with him, said—like that of the orphan's guardian, one should not think that such action is a restriction upon the owner. It is well known that the imam's freedom of action concerning the condition of his subjects does not extend beyond the limits of the public interest. Furthering the interests of the umma and managing its policies are matters which do not come easily to everyone. In such circumstances, to obstruct his will when he does something beyond the limits of permissible action is, as we have explained, a means of liberation from the unsoundness of that argument. Thus, there can be no prohibition on the type of consultation which has already been described. Whoever gives due attention to the matter of necessity, as Shaykh Ibn al-'Arabi has done (for he is our source in all that we have previously stated), would not hesitate to assert that this is necessary especially in these times characterized by a dearth of knowledge and an abundance of tyranny. In a conversation I had with a European notable, I was praising at length their king and mentioning his great knowledge of political fundamentals, when he replied that the king by his very nature and intelligence was incapable of acting in the wrong manner. "Then why," I asked, "are you so sparing in granting him freedom of action in government, and why do you wish to participate with him in the affairs of the kingdom, for you concede that given his qualities no such participation is needed?" He replied, "Who will guarantee to us that he and his descendants after him shall remain upright?"
Since what we have been presenting on this subject indicates that liberty is the basis of the great development of knowledge and civilization in the European kingdoms, we believe it imperative to demonstrate the meaning of liberty in actual practice, in order to avert any possible ambiguity.
The expression "liberty" is used by Europeans in two senses. One is called "personal liberty." This is the individual's complete freedom of action over one's self and property, and the protection of one's person, honor, and wealth. Each is equal before the law to others of the race, so that no individuals need fear encroachment upon their person nor any of their other rights. They would not be prosecuted for anything not provided for in the laws of the land, duly determined before the courts. In general, the laws bind both the rulers and the subjects. Liberty in this sense exists in all the European countries except the Papal State and the Muscovite state, for these two are despotisms. Although these two possess established laws, this is not enough to protect the rights of the umma, for the influence of those laws depends on the will of the king.
The second sense of liberty is political liberty, which is the demand of the subjects to participate in the politics of the kingdom and to discuss the best course of action. This is similar to what the second caliph, 'Umar ibn al-Khattab, may God be pleased with him, referred to in saying, "Whoever among you sees any crookedness, then let him set it straight," meaning any deviation in his conduct or governance of the umma.
Since the granting of liberty in this sense to all the people is most likely to cause a divergence of views and result in confusion, the people instead elect from among those possessing knowledge and virtue a group called by the Europeans the Chamber of General Deputies. We would call them those qualified to loosen and bind, even though this [latter] group is not elected by the people. This is because the avoidance of the reprehensible in our shari'a is in the category of those responsibilities which can be delegated. If some members of the community assume the responsibility, then the obligation is removed from the rest of the community. When such a group is so designated, this responsibility becomes a strictly prescribed obligation upon them.
The Chamber of Deputies is to be found in all European kingdoms except the Papal State and Russia. The chamber has the right to discuss in the presence of the ministers and other statesmen which lines of state policy seem to be beneficial or the contrary, and other such matters affecting the public interest, as will be seen.
In addition to this there remains to the public something else which is called freedom of the press, that is, people cannot be prevented from writing what seems to them to be in the public interest, in books or newspapers which can be read by the public. Or they can present their views to the state or the chambers, even if this includes opposition to the state's policy.
In this matter there are differences among the European states. There are those who have obtained this second liberty with the first, thus achieving absolute liberty. In others, the rulers have granted the people the second liberty subject to important conditions, for these governments have refused their subjects rights which it would be easy to bestow upon subjects of other states. This is because the conditions of kingdoms vary according to the aims of their subjects. Some subjects resist their kings only in order to have the right of opposing the state if it turns aside from the straight path, and to draw it toward a policy of benefit to the kingdom. In such circumstances it is easy for kings to grant complete liberty, because the ruler and the subjects share the same aim regarding the public interest.
There are those subjects who suppose that the reason for the struggle is to exacerbate factionalism and fanaticism, so that the subjects are divided into parties, with each seeking the policy which it believes most beneficial for the kingdom. Some believe the state should be a republic. Some would choose the monarch from a different family than the one favored by others. This causes the dynasty to believe that the opposition of the various parties, even if it appears to be confined to returning the state to the paths of public interest, actually hides an ulterior motive. As a result of this belief, some kings deem it permissible to abstain from granting complete liberty. This leads to the consequences already mentioned.
One of the duties in kingdoms that have granted liberty, even if only personal liberty, is that its subjects should repay having received this blessing by working to bring about its possible consequences and benefits. They can do this by concerning themselves with the various branches of knowledge and all kinds of industries, which can be reduced to four basic categories: agriculture, commerce, physical work, and intellectual activity. These four categories are the foundation of material well-being, which causes the growth of human ambition, and are a complement to liberty, which is based on justice and the sound organization of society.
Artisans, for example, must feel secure against being despoiled of any of the fruits of their labor or hampered in certain aspects of their work. What does it profit a people to have fertile lands with bountiful crops if the sowers cannot realize the harvest of what they have planted? Who then will venture to sow it? Because of the faint hope of the people in many lands of Asia and Africa, you find the most fertile fields uncultivated and neglected. There can be no doubt that the hostile action against property cuts off hopes, and with the severance of hope comes the severance of activities, until finally destitution becomes so pervasive that it leads to annihilation.
Among the most important things the Europeans have gathered from the lofty tree of liberty are the improvements in communications by means of railroads, support for commercial societies, and the attention given to technical training. By means of the railroads, products can be imported from distant lands quickly enough to be useful, whereas their importation was formerly impossible. They would have spoiled en route or the freight costs would have been several times the value of the goods.
With these societies the circulation of capital is expanded, profits increase accordingly, and wealth is put into the hands of the most proficient who can cause it to increase.
Through technical training wealth gains the necessary means of productive activity from among the ranks of those without capital. We have seen that the countries which have progressed to the highest ranks of prosperity are those having established the roots of liberty and the constitution, synonymous with political tanzimat. Their peoples have reaped its benefits by directing their efforts to the interests of the world in which they live. One of the benefits of liberty is complete control over the conduct of commerce. If people lose the assurance that their property will be protected, they are compelled to hide it. Then it becomes impossible for them to put it into circulation.
In general, if liberty is lost in the kingdom, then comfort and wealth will disappear, and poverty and high prices will overwhelm its peoples. Their perceptiveness and zeal will be weakened, as both logic and experience reveal.
((The translation of the above works was derived from:
Charles Kurzman (ed.), Modernist Islam: A Sourcebook (Oxford University Press, 2002)
Some very minor elements were edited by myself, but no meanings were altered in the process.))
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