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CSS Special 2023Islamic StudiesQ. 7

Write a note on the responsibilities and accountability of public office holders in an Islamic state.

By CSS Nexus Team ·

This answer to the CSS Special 2023 Islamic Studies paper (Q. 7) was written by the CSS Nexus team. Read the outline first, then see how each point is developed.

Outline

  • 1. Introduction
  • 2. Status of public office in Islam
  • 3. Responsibilities of public office holders
  • 4. Accountability of public office holders
  • ✓Before Allah
  • ✓Before the law and courts
  • ✓Before the people
  • ✓Through supervision and audit
  • 5. Examples from the Rashidun period
  • 6. Pakistan: application
  • 7. Conclusion

Answer

Introduction

In an Islamic state, public office is neither a prize nor a form of personal property. From the head of state to the clerk at a counter, an office holder is a trustee of Allah and of the people. Islam therefore sets high standards for what those in office must do, and it establishes clear ways of holding them to account.

Status of public office in Islam

Office is an amanah (trust).

إِنَّ ٱللَّهَ يَأْمُرُكُمْ أَن تُؤَدُّوا۟ ٱلْأَمَٰنَٰتِ إِلَىٰٓ أَهْلِهَا وَإِذَا حَكَمْتُم بَيْنَ ٱلنَّاسِ أَن تَحْكُمُوا۟ بِٱلْعَدْلِ …

"Indeed, Allah commands you to render trusts to those to whom they are due, and when you judge between people, to judge with justice." (An-Nisa 4:58)

The Prophet ﷺ told Abu Dharr (RA) that office "is a trust, and on the Day of Judgement it will be a cause of disgrace and regret, except for one who takes it rightfully and fulfils its duties" (Muslim). He also said: "We do not appoint anyone who asks for it, or is eager for it" (Bukhari, Muslim).

Responsibilities of public office holders

Responsibilities

  • Justice
  • Protecting the Shariah and rights
  • Service and welfare
  • Honesty with public funds
  • Consultation
  • Merit
  • Accessibility
  • Keeping agreements

1. Establish justice

Rulers and officials must decide fairly, without any regard for personal desire.

يَٰدَاوُۥدُ إِنَّا جَعَلْنَٰكَ خَلِيفَةًۭ فِى ٱلْأَرْضِ فَٱحْكُم بَيْنَ ٱلنَّاسِ بِٱلْحَقِّ وَلَا تَتَّبِعِ ٱلْهَوَىٰ فَيُضِلَّكَ عَن سَبِيلِ ٱللَّهِ …

"O David, indeed We have made you a successor upon the earth, so judge between the people in truth and do not follow your desire, as it will lead you astray from the way of Allah." (Sad 38:26)

2. Uphold the purposes of the state

The Quran states these as establishing worship, Zakat and the promotion of what is right. They involve protecting the life, faith, intellect, family and property of all.

ٱلَّذِينَ إِن مَّكَّنَّٰهُمْ فِى ٱلْأَرْضِ أَقَامُوا۟ ٱلصَّلَوٰةَ وَءَاتَوُا۟ ٱلزَّكَوٰةَ وَأَمَرُوا۟ بِٱلْمَعْرُوفِ وَنَهَوْا۟ عَنِ ٱلْمُنكَرِ …

"Those who, if We give them authority in the land, establish prayer and give zakat and enjoin what is right and forbid what is wrong." (Al-Hajj 22:41)

3. Serve and provide welfare

Basic needs must be met, and the weak must be protected. Hazrat Umar (RA) carried food at night to a hungry family. Hazrat Abu Bakr (RA) said in his first address that the weak among the people would be strong before him until he secured their rights.

4. Protect public funds

The treasury is a trust. Officials may not use their positions for personal gain, as the case of Ibn al-Lutbiyyah shows (Bukhari, Muslim). Bribes are cursed (Abu Dawud, Tirmidhi).

وَلَا تَأْكُلُوٓا۟ أَمْوَٰلَكُم بَيْنَكُم بِٱلْبَٰطِلِ وَتُدْلُوا۟ بِهَآ إِلَى ٱلْحُكَّامِ لِتَأْكُلُوا۟ فَرِيقًۭا مِّنْ أَمْوَٰلِ ٱلنَّاسِ بِٱلْإِثْمِ وَأَنتُمْ تَعْلَمُونَ

"And do not consume one another's wealth unjustly or send it to the rulers in order that you may knowingly consume a portion of other people's wealth sinfully." (Al-Baqarah 2:188)

5. Consult

The Prophet ﷺ was told to consult, even with those who had failed at Uhud.

… وَشَاوِرْهُمْ فِى ٱلْأَمْرِ …

"…And consult them in the matter…" (Aal-e-Imran 3:159)

6. Appoint on merit

When authority is given to the unfit, one should await the Hour, as the Prophet ﷺ said (Bukhari). Capability and honesty are the two main requirements.

… إِنَّ خَيْرَ مَنِ ٱسْتَـْٔجَرْتَ ٱلْقَوِىُّ ٱلْأَمِينُ

"…Indeed, the best one you can hire is the strong and the trustworthy." (Al-Qasas 28:26)

7. Be accessible and kind

"Whoever is put in charge of the affairs of the Muslims and shuts himself away from their needs, Allah will shut Himself away from his needs" (Abu Dawud, Tirmidhi). Officers should make things easy, and avoid harshness (Muslim).

8. Verify before acting

Rumours must not lead to any harm to a person (Al-Hujurat 49:6).

9. Keep promises and agreements

Office holders must honour contracts, both domestic and international (Al-Ma'idah 5:1).

10. Treat all citizens fairly

This includes non-Muslims. Hazrat Ali (RA) told Malik al-Ashtar that people are "either your brothers in faith or your equals in creation".

11. Live modestly

Hazrat Umar (RA) reportedly set conditions for governors that kept them from luxury and required their doors to stay open.

Accountability of public office holders

1. Accountability before Allah

This is the deepest level, and it applies even where no law can reach. "Each of you is a shepherd and each of you is responsible for his flock" (Bukhari, Muslim). He warned that a ruler who dies deceiving his people will not enter Paradise (Bukhari, Muslim).

… إِنَّ ٱلسَّمْعَ وَٱلْبَصَرَ وَٱلْفُؤَادَ كُلُّ أُو۟لَٰٓئِكَ كَانَ عَنْهُ مَسْـُٔولًۭا

"…Indeed, the hearing, the sight and the heart: about all those one will be questioned." (Al-Isra 17:36)

2. Accountability before the law and courts

Nobody is above the law. "By Allah, if Fatimah the daughter of Muhammad stole, I would cut off her hand" (Bukhari, Muslim). Courts of grievances (mazalim) later dealt with complaints against high officials.

يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ كُونُوا۟ قَوَّٰمِينَ بِٱلْقِسْطِ شُهَدَآءَ لِلَّهِ وَلَوْ عَلَىٰٓ أَنفُسِكُمْ أَوِ ٱلْوَٰلِدَيْنِ وَٱلْأَقْرَبِينَ …

"O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives." (An-Nisa 4:135)

3. Accountability before the people

Obedience is limited to what is right (Bukhari, Muslim), and "the best Jihad is a word of truth before a tyrannical ruler" (Abu Dawud, Tirmidhi). Hazrat Abu Bakr (RA) invited people to set him right if he went astray.

وَلْتَكُن مِّنكُمْ أُمَّةٌۭ يَدْعُونَ إِلَى ٱلْخَيْرِ وَيَأْمُرُونَ بِٱلْمَعْرُوفِ وَيَنْهَوْنَ عَنِ ٱلْمُنكَرِ ۚ وَأُو۟لَٰٓئِكَ هُمُ ٱلْمُفْلِحُونَ

"And let there be among you a nation inviting to all that is good, enjoining what is right and forbidding what is wrong, and those will be the successful." (Aal-e-Imran 3:104)

4. Supervision and audit

The Prophet ﷺ checked the accounts of his collectors. Later, the hisbah institution supervised market practices and public conduct. Hazrat Umar (RA) recorded the assets of his governors at appointment, and he examined them afterwards. He also sent Muhammad ibn Maslamah (RA) to investigate complaints.

5. Removal from office

Officials could be dismissed for abuse, or even when complaints raised concerns. Hazrat Umar (RA) removed Sa'd ibn Abi Waqqas (RA) from Kufa after complaints, and he even removed the great commander Khalid ibn al-Walid (RA), for reasons that included ensuring that people relied on Allah rather than on any individual. He was also concerned about Khalid's large gifts.

Examples from the Rashidun period

Hazrat Abu Bakr (RA)

He worked at trade until the companions fixed a modest allowance for him from the treasury, and before his death he directed that what he had received be repaid.

Hazrat Umar (RA)

He answered a public question about the length of his clothing, explaining that his son had given him his own share of cloth. He held his governors publicly accountable during Hajj.

Hazrat Uthman (RA)

He responded to criticism openly, and he wrote to the provinces inviting grievances.

Hazrat Ali (RA)

He appeared in the court of Qazi Shurayh as an ordinary litigant. The judge ruled against him, and he accepted the decision.

Pakistan: application

Pakistan has the Constitution's Articles 62–63 on qualification, as well as NAB, the Auditor General, the Public Accounts Committee, the ombudsmen, and the courts. Article 248 protects certain office holders from legal proceedings, and this should be narrowly limited to official acts. In practice, however, accountability is often selective, and many posts are given through political patronage. Officials are distant from the public. A real Islamic approach would include:

Merit-based appointments

Secure tenures and open competition.

Asset disclosure

Public declarations of all officials' assets, and clear rules for gifts.

Equal enforcement

The same law for politicians, generals, judges and bureaucrats.

Citizen access

Open offices, digital services, the right to information, and strong complaint systems.

Ethics training

Training should include Islamic principles, and promotion should reward integrity.

Conclusion

In an Islamic state, public office is a trust that requires justice, service, honesty, consultation, merit and accessibility. Those who hold it are answerable to Allah, to the law, to the people and to supervisory institutions, as the Rashidun Caliphs showed in their own lives. Pakistan's state can regain public trust by applying these standards to everyone, starting at the top. Good governance begins when those in power remember that they will one day be asked how they used it.

The writer can be reached at ma6749429@gmail.com

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