From: akgoel@plg.waterloo.edu (anil k goel)
Subject: Re: Islamic Law and Constitution
Organization: University of Waterloo
	<ku9458INN74f@pageboy.cs.utexas.edu>
Date: Fri, 10 Apr 1992 20:24:55 GMT

In article <ku9458INN74f@pageboy.cs.utexas.edu> hyder@cs.utexas.edu (Syed Irfan Hyder) writes:

   In article <Udt6kiq00iQCQTCbpx@andrew.cmu.edu> ag3l+@andrew.cmu.edu (Arun K. Gupta) writes:
   >
   >Just completed a read of Maulana Maudoodi's `Islamic Law
   >and Constitution'.
   >
   >Only male adult Muslims would be allowed to vote or hold
   >key policy making positions. Women and non-Muslims would be
   >each in separate electorates. At best, they would sit in the
   >same legislature, but the male Muslim legislators would have
   >a veto power (i.e. - a majority of male Muslims could veto
   >proposals made by the other two groups.)

   I am not sure about the above. This may be Maudoodi's personal
   conception or interpretation. We reserved the right to 
   argue and arrive at a consensus as to the interpretation of
   the bases on which he deduces the above. The above is what
   you have called the "dynamic nature" of Islam as given
   in the last paras.

Well, Maududi seems to think that the guidelines for elligibility for
policy making positions follow clearly from the Qur'an and the Hadith. I
don't have Maududi's "Islamic Law and Constitution" handy, but the
following excerpts are from Maududi's "First Principles of the Islamic
State", which aparantly was published after "Islamic Law and Constitution"
as it refers to the later.

I would really like to see what exactly Maududi say when he revised his
previously published opinion in supporting Fatima Jinnah.

Oh, before somebody (not you, Irfan, but e.g. Jafry) accuses me of being
ill-informed (because of my non-muslimness), please consider that it is
*very* likely that I have read first-hand more Islamic sources (of course
secodary, if you will, since I can't read Arabic) than a very large number
of today's muslims.

Regards,
 
-anil

PS. Irfan, is "Irfan" an acceptable (preferred?) name to use to address
    you. 

--------------------------------------
Ref: First Principles of Islamic State, Sayyid Abul A'la Maududi
     Trans. and Ed. by Khurshid Ahmad, Islamic Publications Ltd., Lahore

Chapter VI: Rulers and their Qualifications, pp. 59-60

From the Islamic point of view, the question of qualifications of
office-bearers is very important. In fact, this alone can guarantee the
proper functioning of the Islamic Constitution.

As regards the eligibility for membership of the Consultative Assembly or
for the post of the Head of the State, there is one aspect which might be
termed as legal elligibility, on the basis of which an Election Tribunal or
Judge, after due consideration and verification, may declare a person
eligibile or non-eligible for election. There is yet another aspect of
eligibility on which the electors, the propsers and the voters base their
judgement. ...

Both the Qur'an and the Hadith GIVE CLEAR GUIDANCE about these two aspects
of eligibility. As regards the first, the following four conditions have
been prescribed:

  (1) Should be a Muslim. -- The injunction of th Qur'an is:
      "O ye who believe! Obey Allah and obey the Prophet and (obey) those
      who are in authority "from among you".  Al-Qur'an, IV:59

  (2) Should be a Male. -- The Qur'an says:
      
      "Men are in charge of women."  Al-Qur'an, IV:34

      And the Prophet declares:

      "Verily, that nation would not prosper which hands over the reins of
      its government to a woman".  Bukhari, al-Sahih.

  (3) Should be sane and adult.  ...

  (4) Should be a citizen of the Islamic State. ...




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