Sanctity of The State
\r\nMany have advocated the view that since the state in Islam applies the shariah, its rulings must be obeyed in all religious matters. This is an erroneous view simply because Islam does not endow the state with sanctity of any kind. The State in Islam is civilian in character; the head of state is elected by the people. He is not immune to error and he is accountable for his conduct like anyone else. In the event of crime or blatant violation of the trust of office, he may be sued and subjected to the authority of the courts without any claim to privileged treatment. “It is the greatest aberration (akbar al-khata)”, in al-Qaradawi’s phrase, “for the state or its supporters to think that it has a monopoly over legitimacy and truth, or to think that anyone who opposes them is necessarily wrong.” We listen to everyone who makes a contribution and we are entitled to decide for ourselves as to whose version is convincing and justified.
\r\nWhen the Mutazilite rationalists became prominent under the Abbasid caliphs, al-Mamun, al-Mutasim and al-Wathiq in the mid-ninth century, the state tried to compel the people to embrace the Mutazilite doctrines over whether the Quran was the created or uncreated speech of God. This led to what is known in Islamic history as the Mihnah (‘inquisition’) that entailed persecution of many leading scholars, including the Imam Ahmad b. H?anbal (d. 869). The Imam resisted intense pressure due to his belief that the state had no authority to impose its views on anyone, let alone resorting to coercive action over speculative issues. Islamic history has recorded this as a violation of the freedom of expression that everyone must enjoy.
\r\nCompiled From:
\r\n "Diversity and Pluralism" - Mohammad Hashim Kamali, pp. 40-42