2014-05-05

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Book Review: “Citizenship and Accountability of Government: An Islamic Perspective” (part of the Fundamental Rights and Liberties in Islam series) by Mohammed Hashim Kamali

Reviewed by: Ml. Ashraf Dockrat on Radio Islam – 05 May 2014

No of pages: (321)

Price: (R240.00)

EBook: (unavailable)

Genre: Islamic Jurisprudence

Target Audience: As we enter election week, exercising our rights as citizens in South Africa, this type of reading, especially regarding accountability makes for interesting perspectives and allows for informed insight.

Suitability: All

Synopsis: 
Mohammed Hashim Kamali is the chairman of the International Institute of Islamic Studies in Kuala Lumpur, Malaysia, and author several books on Maqasid – the Principals of Shariah. This is the final volume in Prof. M. H. Kamali’s series on fundamental rights and liberties in Islam. It includes discussions on citizenship, accountability of government and freedom of movement in Islam. His other works include Principles of Islamic Jurisprudence, Islamic Commercial Law, and The Right to Life, Security, Privacy, and Ownership and Freedom of Expression in Islam. He is a former law professor at the International Islamic University Malaysia, where he taught for more than 20 years.

The book is divided into 3 sections: Freedom of Movement; Citizenship; and Accountability of Government. Topics covered include: the definitions of citizenship; travelling for knowledge; Mawali (deemed 2nd class citizens in the Arab world); the rights of citizens; the duties of citizens; citizenship laws. He addresses rather provocatively the redressing and recategorising of concepts of Dar al-Islam (Abode of Islam), Dar al-Harb (Abode of war) and Dar al-Ahd (Abode of treaty). He also addresses the Ummah and Nation States issue – which ceases to exist for him as this (in his opinion) was primarily based on war. He looks at government as a trust; the selection of officials; the relationship between authority and citizens; corruption and the misuse of public funds; despotism and dynastic misrule; the right of complaint; the limits of obedience; impeachment of officials and heads of state; and the foundation of institutions of accountability. He draws heavily from the Quran and ahadith and also includes how Muslims have deviated from the precedent of the righteous Khulafa. Interesting indeed his discussions on the Diwane’ Musaadireen – a Diwan that looked at assets and expropriated assets, how this was recorded and systems implemented throughout Islamic history.

While he makes interesting observations, the author’s viewpoints and conclusions, esp. on citizenship aren’t necessarily agreeable. His sources are selective, for example with regards the issue of nation states he includes very little about the Ulama of the Indian subcontinent, who are directly involved in such a situation, a secular democracy. He gives the impression that Islam needs a massive reform/overhaul. Readers are encouraged to be circumspect in this regard.

Published by: Islamic Texts Society (August 1, 2011)

Available from: Iqra Agencies
 
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