2. Rights of the People towards the Government

The Muslims in an Islamic state have certain rights towards their government. These rights may be summarized as follows:

Absolute Justice: This entails that every person is to be given his fair treatment in the Islamic society. All individuals who are entitled for specific rights may be given their due rights. All individuals who are required to perform certain duties must be treated fairly and without any bias. Responsibilities among individuals must also be distributed justly and fairly. No individual, class of people, category of group, or section must be given any priority or any type of preference over the others. This is based on the instructions given by Allah's Messenger (peace and blessings of Allah be upon him):“ The most beloved to Allah (subhanahu wa ta'ala) on the Day of Judgement, and the closest to Him (subhanahu wa ta'ala) is a just ruler/governor or judge. Similarly, the most hateful to Allah (subhanahu wa ta'ala) and the most distant from Him (subhanahu wa ta'ala) is an assertive and tyrant ruler”[63].

Consultation: People have the right to be consulted. People in an Islamic society have the right to be consulted on issues that concern their economic and social affairs. However, consultation should be done in an ordinary form. Public must be given the opportunity to express their viewpoints and ideas concerning issues related to the Islamic community and society. Such viewpoints may be accepted if they serve public interest. This is based on the event when Allah's Messenger (peace and blessings of Allah be upon him) did take the advice of his Companion. One of the regular ordinary Muslims asked the Messenger during the Battle:“ Oh Prophet of Allah. Is this a place that Allah (subhanahu wa ta'ala) commanded you to camp at, and we have no choice of changing it? Alternatively, is it the war strategy and plan? Allah's Messenger (peace and blessings of Allah be upon him) replied promptly:No. It is not. But, it is rather my war strategy. The man who asked suggested:Oh Prophet of Allah! This is not the right choice of place for the fighting camp. Let us search for the closest water reservoir to our enemies and camp there. Thus, we must bury all other water resources [if we can]. Then, we must build a basin or a water reservoir for our party. Then, we can start the battle. We will have the access to water, but our enemies will not. Thus we can drink and use the available water while our enemies cannot. Allah's Messenger (peace and blessings of Allah be upon him) commented: You have certainly given the best advice”[64].

Islamic ruling: The basis for the Islamic ruling and legal rulings is Shariah, Islamic law. The constitution of the Muslim ruler must be based on Qur'ân, Sunnah, and all of the Islamic judicial sources. There should be no room for personal opinion if an authenticated text is available. Spontaneous opinions may prove errors at times, although it may be productive at other times. Here is an incident where the second Caliph Omar bin Al-Khattab (may Allah be pleased with him), after he became the ruler of Muslims, addressed the man who killed his own brother, Zaid bin Al- Khattab (may Allah be pleased with him) whose name is Abu Maryann al-Saloole, saying, 'By Allah! I shall not love you until the earth [becomes] in love with blood [meaning that this is impossible]. The killer asked, 'would this prevent me from obtaining any of my rights [as a Muslim]?' Omar (may Allah be pleased with him) promptly replied: 'No.' The killer commented: [I guess] only woman weep for love! 'Don't you worry!'.

Open door policy: A Muslim ruler must not have a close door policy. A Muslim governor must not be aloof and distant from his people. A Muslim governor must not assign middle people who are partial choosing some people to permit to see the governor, while preventing others. This is based on the instructions of Allah's Messenger (peace and blessings of Allah be upon him):“ Whosoever is entrusted with leadership over Muslim's affairs, yet hides away from them and does not respond to their needs, Allah (subhanahu wa ta'ala) will hide Himself away from such a governor on the Day of Judgement, causing him to suffer his own poverty and need”[65].

Mercy for people: A Muslim ruler must be kind and merciful to his people and people. He must not overburden them beyond their abilities. A Muslim governor must not make it difficult for his people to live and survive in the society. A Muslim governor must treat an elder man like a father, a youngster like a son and a person of equal age as brother. A Muslim governor must be respectful to the elders, kind, merciful to the youngsters, and considerate to individuals of his age group. This is based on the instructions given in the verse of the Glorious Qur'ân, Sura Al-Imran 3:159 the meaning of which is translated as:“ It is part of the Mercy of Allah that you deal gently with them. Were you severe or harsh-hearted, they would have broken away from about you: so pass over (their faults), and ask for (Allah's) forgiveness for them; and consult them in affairs (of moment)”.

It is also based on the guidelines given by Allah's Messenger (peace and blessings of Allah be upon him):“ Those who are merciful [and kind to other] may Allah be Merciful [and kind] to them. Be [kind and] merciful to people on earth, then Allah (subhanahu wa ta'ala) will be [more] merciful to you”[66].

In fact, Omar bin al Khattab (may Allah be pleased with him) the second Muslim Caliph once said, 'By Allah! Has a female mule tripped in Iraq, I was afraid to be asked by Allah (subhanahu wa ta'ala) [on the Day of Judgement], " Oh Omar! Why did not you pave the way for the she mule.