The Islamic Law and Constitution

Author’s Preface

The first edition of this book was compiled while I was in prison. As such, I could neither add anything to the book nor could my suggestions be sought during its compilation. The second edition, however, has been prepared in full consultation with me and now contains almost all of my speeches and articles relating to the subjects of Islamic Law and the Constitution. Mr. Khurshid Ahmad deserves my heartfelt thanks for the skill and ability with which he has translated and edited the book.

A book such as this—written not in the conventional textbook style—may not meet every academic need of a student of Islamic Law and Constitution who wishes to study the subject in exhaustive detail. However, I do hope it will prove immensely helpful to all those who want to understand the nature, theory, form, and underlying principles of the Islamic State, and who wish to explore how Islamic Law can be implemented in a modern state.

Today, there are many countries where, after gaining independence, the Muslim population naturally desires to base its polity on the principles and traditions of Islam—principles that stem from their faith and conscience. These people want Islamic Law introduced so they may live under a legal system to which they owe sincere allegiance.

Unfortunately, in almost all such countries, the reins of power have remained in the hands of those who lack even an elementary understanding of Islamic Law and Constitution. Their education and training are entirely suited to running godless secular states. Consequently, they are trapped in a mindset limited to the structures and concepts of the Western secular model and find it difficult to think outside that framework.

The situation among the general Muslim public is not much different in certain respects. While they are eager to re-establish the Islamic way of life—a desire that is both genuine and heartfelt—they are often unclear about the exact nature and form of the state they wish to see established. Nor do they know what steps to take to realize such a state.

Additionally, many Western thinkers and policymakers—whose opinions carry great influence today, even in Muslim countries—harbor prejudices and suspicions about the Islamic State. I believe most of these concerns stem from ignorance rather than malice, and are therefore addressable. In this book, I have made a humble attempt to respond to these various concerns. It is my wish that any opinion formed about the Islamic State should be based on a clear and thorough understanding of its nature and principles—not on hearsay or speculation. I hope this book will serve that purpose and assist readers in grasping the multifaceted concept of an Islamic State.

I am grateful to all those who offered their comments on the first edition of this book in both Pakistani and foreign newspapers and journals. I have tried to benefit from their observations as much as possible. In this preface, I do not intend to directly respond to the objections raised—particularly those voiced by Western reviewers. However, I must submit this: in the name of Allah, the Beneficent and Merciful, there must be a limit to one’s desire to see the entire world conform to their own worldview.

There may be people who have fundamental differences with the West in terms of values, ideals, culture, and civilization. These people have just as much right to shape their collective lives according to their own beliefs and ideals as the West has to do according to its own. For a peaceful coexistence, mutual understanding is necessary. The imposition of one’s beliefs is as harmful as an honest effort to understand another’s ideology is helpful.

Abul A’la Maududi
Lahore, 15th October 1960