MUHAMMAD ASAD'S DESIGN OF AN ISLAMIC STATE IN POST-COLONIAL PAKISTAN

http://ejournal.iainsurakarta.ac.id/index.php/ajipp/index ISSN: 2722-7170 (p); 2722-2543 (e) DOI: https://doi.org/10.22515/ajipp.v5i1.8826 MUHAMMAD ASAD’S DESIGN OF AN ISLAMIC STATE IN POST-COLONIAL PAKISTAN Ahmad Nabil Amir International Institute of Islamic Thought and Civilisation-IIUM Abstrak Kata kunci: Negara Islam; Konstitusi; Politik; Pakistan Makalah ini bertujuan untuk menyoroti postulat epistemologis Muhammad Asad tentang politik Islam sebagaimana tercermin dalam karya-karyanya tentang negara Islam. Penelitian ini berusaha untuk menjawab pertanyaan-pertanyaan mendasar berikut: apa dasar hukum yang mendukung dan membangun posisi Asad dalam mendirikan negara Islam? dan bagaimana gagasan ini dapat diakomodasi secara adil dengan gagasan negara bangsa yang berlaku dalam konteks pasca-kolonial. Oleh karena itu, tujuan studi ini untuk menganalisis ide-ide dasar negara Islam yang dianjurkan GDODP VXPEHUVXPEHU NODVLN PHQGHÀQLVLNDQ NHUDQJND NHUMD konstitusional dasar yang dikembangkan oleh Asad dalam konteks historis Pakistan, memperkirakan implikasi dari penerapan hukum Islam dan dampaknya terhadap politik global serta kesesuaiannya dengan hukum internasional. Dalam hal ini,Asad telah merumuskan gagasan konstitusional negara Islam berisi ketentuan hukum Islam yang mempraktikkan dan menerapkan norma-norma yang dinyatakan dalam Kitab Suci. Gagasan ini sebagian diabadikan dalam hukum konstitusional Pakistan yang pendirian politiknya dibentuk pada tahun 1947. Penelitian ini dilakukan berdasarkan pendekatan kualitatif dengan jenis penelitian kepustakaan. Data dianalisis dengan menggunakan teknik deskriptif, analitis dan komparatif. Hasil penelitian menunjukkan bahwa Muhammad Asad telah merumuskan kerangka teoritis yang komprehensif tentang aspek hukum pemerintahan Islam yang disusun dari prinsip-prinsip dasar dan doktrin syariah, dan norma-norma moralnya yang berasal dari teks-teks eksplisit Al-Qur’an dan sunnah, sementara juga mengadvokasi cita-cita dan prinsip-prinsip demokratis yang didasarkan pada praktik-praktik konvensional dan kebutuhan Alamat korespondensi: e-mail: nabiller2002@yahoo.co.uk © 2024 UIN Raden Mas Said Surakarta 92 | Ahmad Nabil Amir modern negara bangsa. Berdasarkan temuan utama ini, disimpulkan bahwa ajaran Islam dan norma-norma spiritualnya sesuai dengan cita-cita demokrasi dan nilai-nilai hak asasi manusia, pemerintahan yang partisipatif dan konstitusional seperti yang diimplementasikan dalam ruang demokrasi Pakistan. Abstract Keywords: Islamic state; Constitution; Politics; Pakistan The paper aims to highlight Muhammad Asad’s epistemological postulate on Islamic politics as reflected in his works on Islamic state. It seeks to address these fundamental problems: what is the legal basis that support and establish Asad’s position of founding an Islamic state? and how could this idea fairly accommodates with the prevailing notion of nation state in post-colonial context. Thus, the study set forth to find the answers based on such range of objectives: to analyse the underlying ideas of Islamic state as advocated in the classical sources, to define the basic constitutional framework as developed by Asad in the context of historical Pakistan, to estimate the implication of implementing Islamic law and its impact on the global politics and its compatibility with international law. In this regards, Asad had formulated the constitutional ideas of Islamic state whose constitution contains the provision of Islamic law that practiced and implemented the norms stated in the Divine Writ. This ideas was partly enshrined in the Pakistan constitutional law whose political establishment was formed in 1947. The paper essentially discussed Muhammad Asad’s political ideas and its underlying philosophy as espoused in his works. The study conducted based on qualitative approaches of the type of library research. The data were analysed by way of descriptive, analytical and comparative technique. The finding shows that Muhammad Asad had formulated comprehensive theoretical framework of legal aspect of Islamic governance drawn up from the fundamental principle and doctrine of the shariah, and its moral norms deriving from the explicit Qur’anic and sunnah text, while also advocating democratic ideals and principles based on conventional practice and requirement of modern context of nation state. Based on this main finding, it is concluded that Islamic teaching and its spiritual norms were compatible with democratic ideal and values of human right, participatory and constitutional government as implemented in the democratic space of Pakistan. Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 Muhammad Asad’s Design of An Islamic State In Post-Colonial Pakistan | 93 Introduction 7KHSDSHUDGGUHVVHV0XKDPPDG$VDG·VSROLWLFDOLGHDVDQHUXGLWH scholar and diplomat born in July 1900 at Lemberg, and died in 20th February 1992, at Mijas. It provides an overview of the essence of Islamic political theory and the development of its political entity throughout history since the time of the Prophet (saw) and the rightly guided Caliph. 7KH ORQJLQJ RI  WKH YDVW PDMRULW\ RI  0XVOLP XPPDK WKDW DQ[LRXVO\ H[SUHVVLQJ WKH QHHG IRU DQ ,VODPLF VWDWH DQG RI  UHVWRULQJ WKHLU JORULRXV SDVWRI H[SDQVLYHVRYHUHLJQW\LQWKHYDVWWHUULWRULDOERUGHUZDVVXFFLQFWO\ H[SODLQHGE\)D]OXU5DKPDQLQKLVDUWLFOHWKDWPDQLIHVWHGWKHVSLULWRI SDQ Islamic nationality and solidarity that bind together such highly emotional sentiment: “Muslims, or at least the vast majority of them, have been very vocal about the necessity of establishing an Islamic state in the world, or, if it is not possible, to set up a unitary Islamic state, at least, several Islamic states. The idea of an Islamic state has many implications touching both the form and the substance of the state and raising questions like unity and multiplicity of such states, the nature of legislation and source of power and whether or not it ought to be democracy.”1 Thus the paper aims to highlight the discussion of Islamic state as enshrined in the work of Muhammad Asad and its far-reaching consequences for the ummah. However, he has contributed a lot to Muslims, including in the development of Islamic learning.2 It brought forth his profoundly enriching political philosophy with regard to the underlying principles and form of Islamic state in Pakistan. This discussion LVLPSRUWDQWWRÀOOWKHJDSIURPSUHYLRXVVWXGLHVWKDWZHUHSDUWLFXODUO\ lacking in light of its development of theoretical discussion and argument pertaining to the basic ideals and principles of Islamic state. In addition 1 Fazlur Rahman, “The Principle of Shura and the Role of the Umma in Islam,” American Journal of Islam and Society 1, no. 1 (1984): 1, https://doi.org/10.35632/ajis. v1i1.2817. 2 Abroo Aman Andrabi, Muhammad Asad’S Contribution To Islamic Learning (New Delhi: Goodword Books, 2007). Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 94 | Ahmad Nabil Amir there were also certain gap of discussion that need to include the critical elaboration of the principle of shura (mutual consultation), the concept RI JRYHUQDQFHEDVHGRQWKHVFULSWXUDOVRXUFHVRI WKH4XU·DQDQG6XQQDK DQGLWVPDQLIHVWDWLRQLQPRGHUQFRQWH[WZKLFKXQGHUOLHWKHGHPRFUDWLF process and constitutionally-related institutional bodies and structure of Pakistani state. $W WKH RXWVHW 0XKDPPDG $VDG·V SROLWLFDO WKRXJKW ZDV FOHDUO\ UHÁHFWHGLQKLVZULWLQJVVXFKDVThe principles of state and government in Islam3, This law of ours and other essays4, Islamic constitution making5, 6journal Arafat7, The message of the Qur’an8, Sahih al-Bukhari the early years of Islam9, Calling All Muslims (A collection of Radio Broadcast), Islam at the Crossroads10, The Spirit of Islam11, The Road to Mecca12, and etcetera. These materials provided WKH XQGHUO\LQJ FRPSRQHQW DQG LQVLJKW RI  0XKDPPDG $VDG·V SROLWLFDO outlook, especially concerning the substantive issues of “the source of power and the nature of legislation” of Pakistan. 3 Muhammad Asad, The Principles of State and Government in Islam, The Principles of State and Government in Islam (Berkeley, CA: University of California Press, 1961), https:// doi.org/10.2307/jj.5232965. 4 Muhammad Asad, This Law of Ours and Other Essays (Gibraltar: Dar al-Andalus, 1987). 5 Mansoor Ahmed, Ghulam Mustafa, and Muhammad Sajid Khan, “Delineations of Governance through Islam in Nascent Pakistan: Department Of Islamic Reconstruction and Islamic Law Commission,” Academic Journal of Social Sciences (AJSS ) 4, no. 4 (2021): 848–60, https://doi.org/10.54692/ajss.2020.04041274. 6 An essay published under the auspices of the Government of Punjab (1948), WKHQODWHUO\LWH[SDQGHGWRWKHERRN$VDGThe Principles of State and Government in Islam. 7 M Asad, “Arafat: A Monthly Critique of Muslim Thought,” 1946. 8 M Asad, The Message of The Qur’an (Gibraltar: Dar al-Andalus, 1980). 9 M Asad, Sahih Al-Bukhari The Early Years of Islam (Petaling Jaya: Islamic Book Trust, 2013). 10 Muhammad Asad, Islam at the Crossroads (Pakistan: Arafat Publications, 1934). 11 7KLVERRNLVDUHSXEOLFDWLRQRI WKHÀUVWFKDSWHURI ´,VODPDWWKH&URVVURDGVµ Asad. 12 M Asad, The Road to Mecca (New Delhi: Islamic Book Service, 2004). Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 Muhammad Asad’s Design of An Islamic State In Post-Colonial Pakistan | 95 Asad arguably one of the leading architect and key founders of the Islamic Republic of Pakistan. Established in May 1947, he was subsequently granted full citizenship in August 1947, thereby legally PDNLQJKLPLWVÀUVWFLWL]HQ+LVWRULFDOO\KHKDVSOD\HGVLJQLÀFDQWSDUWLQ its formation, as recounted in his autobiography The Road to Mecca of an inspiring role as its original conceptor along with the great Muslim poetphilosopher, Muhammad Iqbal (1877-1938) who held the formative vision of the Pakistan idea.13 In his narrative he recounted his meeting with the visionary Iqbal in early 1930s in India who gave birth to the idea of partition of the Indian Subcontinent, where he had many discussions with Iqbal about the government of a future Pakistan14: “To me, as to Iqbal, this dream represented a way, indeed the only way, to a revival of all the dormant hopes of Islam, the creation of a political entity of people bound together not by common descent but by their common adherence to an ideology”15. It was Iqbal who persuaded Asad to give up his plans of traveling to Eastern Turkestan, China dan Indonesia and to remain in India to help elucidate the intellectual premises of the future Islamic state16, and thus to realize the vision of forming a newly Islamic SROLWLFDOHQWLW\UHÁHFWLQJDQRUJDQL]HG,VODPLFQDWLRQDQGVWDWHKRRGPDGH XS RI  0XVOLP FRPPXQLW\ LGHQWLÀHG ZLWK ,VODPLF UHOLJLRXV DQG VRFLDO identity. $VDG KDG H[WHQVLYHO\ RXWOLQHG KLV SROLWLFDO LGHDOV LQ GHWDLOV LQ KLV work Islamic Constitution Making which was prepared in his capacity as director of the Department of Islamic Reconstruction responsible with 13 See: Apriana, “Konsep Negara Islam Muhammad Iqbal (Studi Atas Pemikiran Dan Kontribusinya Terhadap Pembentukan Negara Pakistan)” (Tesis (M. Hum.), IAIN Raden Fatah Palembang, 2008). 14 M Asad and P H Asad, Home-Coming of the Heart (Lahore: Pakistan Writers CoOperative Society, 2015); See also: Sherwani, ed., “Presidential Address Delivered at the Annual Session of the All-India Muslim League, 29th December, 1930,” Speeches, Writings and Statements of Iqbal (Lahore: Iqbal Academy Pakistan, 1995). 15 Asad, The Road to Mecca, 2. 16 Asad, 1. Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 96 | Ahmad Nabil Amir drafting the Constitution of Pakistan and its conceptual basis. This was subsequently developed with its establishment in 1947 by the Government of the West Punjab- Lahore whose task was to “elaborate the ideological Islamic concepts of statehood and community upon which the newly born political organization might draw”17. It formed the groundwork of the basic conception of political ideology of the Pakistani nation. The Pakistan idea LQVSLUHGE\,TEDOKDGZLGHO\LPSDFWHG$VDG·VIXWXUHXQGHUWDNLQJDQGUROH as its foreign ambassador, as highlighted in his book The Road to Mecca, that UHFRXQWHGKLVVWLPXODWLQJH[SHULHQFHVDQGFDUHHULQWKH3DNLVWDQ)RUHLJQ Services, where he dedicated himself to “strengthening the ties between Pakistan and the rest of the Muslim world”; and ultimately in his mission to the United Nations at New York, campaigning for the liberation of colonial countries in North Africa. His thoughtful insights on the Islamic state and its constitutional basis, underlying the structural formation of political organization, infused ZLWK ,VODPLF VSLULWXDO YDOXHV DQG GHPRFUDWLF LGHDO IRXQG H[SUHVVLRQ LQ the preamble of the Constitution adopted by the Constituent Assembly in 1949.18 ,W UHÁHFWHG KLV SURIRXQG XQGHUVWDQGLQJ RI  WKH HVVHQFH DQG implication of religious spirit and ideals and the consequential legal and cultural impact of Islamic law in practical life, that contributed to establish his reputation as leading interpreter of Islam: “For years I devoted myself to this ideal, studying, writing and lecturing, and in time gained something of a reputation as an interpreter of Islamic law and culture.”19 7KH LGHD RI  UHFRQVWUXFWLRQ ZDV SXW DW KLV GLVSRVDO WR GHÀQH DQG conceptualise the ideological basis of the newly born political organization, 17 Asad, 1. See: M Asad, Undang-Undang Politik Islam, Terj. Oemar Amir Hosein Dan Amiruddin Djamil (Diterjemahkan Dari Islamic Constitution Making (Jakarta: Pustaka Islam, 1954). 19 Asad, The Road to Mecca, 3. 18 Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 Muhammad Asad’s Design of An Islamic State In Post-Colonial Pakistan | 97 by Quaid-e-Azam, Muhammad Ali Jinnah.20 It began with connection with broadly intellectual circles who were impressed and passionately interested about the future of Islamic state in Pakistan, “until that time, Muslims does not have any model of an Islamic state. Most of the writings published before 1940s, focused on Caliphate. It was Asad who started the debate on the likely nature and form of government of Muslim country in the modern age”21. In his article Martin Kramer (1999) pointed out that after his release from British internment camps in India (September 1939-December 1945) in August 1946, Asad, having resolutely tried to consolidate his Muslim identity, had “wholly LGHQWLÀHGZLWKWKHFDXVHRI 3DNLVWDQZKLFKKHVDZQRWVLPSO\DVDUHIXJH but as the framework for an ideal Islamic polity”. His aims was to establish an Islamic state as a liberal, multiparty parliamentary democracy22, meant to challenge the antithetical perspective toward democracy, by showing evidence in Islamic sources, that favour for elections, parliamentary legislation, and political parties. The implementation of his democratic ideas nevertheless met with UHVLVWDQFHIURPFHUWDLQRUWKRGR[DQGIXQGDPHQWDOLVWJURXSVFODLPLQJWKH GRFWULQHWREHLQFRQÁLFWZLWK,VODPLFFRQFHSWLRQV´Some Muslim scholars argue that the concept of democracy is not compatible with the concept of an Islamic state. But of course it is and the Quran outlines the essence of democracy”23 The movement to realize the political struggle and ideology of the nation was actively propagated through radio and television broadcasting and regular talks in Radio Pakistan, reminiscent of his aspiring and stimulating activity in drafting the constitutional ideas of Pakistan and delivering lectures in 20 See: Hamidah, “Perjuangan Dan Pengaruh Muhammad Ali Jinnah Dalam Pembentukan Negara Pakistan,” Kontekstualita 33, no. 1 (2017): 28–53. 21  0 $UVKDG ´0XKDPPDG $VDG 7ZHQW\6L[ 8QSXEOLVKHG /HWWHUVµ Islamic Sciences 14, no. Summer (2016): 25–66. 22 M Kramer, ed., “The Road from Mecca: Muhammad Asad (Born Leopold Weiss)”, Dalam The Jewish Discovery of Islam: Studies in Honor of Bernard Lewis,” in Tel Aviv: The Moshe Dayan Center for Middle Eastern and African Studies, 1999, 225–47. 23 Asad, This Law of Ours and Other Essays, 1987. Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 98 | Ahmad Nabil Amir many occasion on these pertinent topics in Lahore and Delhi, in which he was directly involve in elaborating the principles of Islam and such themes of state responsibility to provide conducive environment for the population to practice their lives in accordance with the principal injunctions of Islam 24 . In this regards, he recall that: “if we stand united in these days of upheaval and catastrophe, if we cooperate with one another with consciousness of purpose and honest determination, our long-cherished dream of an Islamic state will come true in spite of all the obstacles which our enemies may place in our way”25 )ROORZLQJ,TEDO·VVXJJHVWLRQ$VDGZURWHDVHULHVRI DUWLFOHVRQWKH UDLVRQ G·HWUH RI  WKH FUHDWLRQ RI  3DNLVWDQ DQG WKHVH ZHUH VXEVHTXHQWO\ published in European periodicals and gazettes, and in Urdu translation and brought to notice in its newspaper outlet. As Asad recounted, it was ,TEDO ZKR ÀUVWO\ LGHQWLÀHG LQ FOHDUFXW SROLWLFDO WHUPV WKH LGHD RI  DQ Islamic state in northern part of India and thus gave the concept “its body and life”. Iqbal was “a seer who had grasped the innermost reality of Muslim life, of its virtues and its faults, of its errors and its great potentialities”26. Asad painstakingly devoted his utmost effort in realizing this dream, although his vision of an independent, liberal democracy did not materialize. In the original document prepared by Muhammad Asad as director of the Department of Islamic Reconstruction (West Punjab, Lahore, 1947-49), whose function was to elaborate the ideological, Islamic concepts of statehood and community upon which the newly born political organization might draw27, Asad delineates its objective and XQGHUO\LQJPLVVLRQDQGHVSRXVHGWKHGUDIWLQJRI WKHSURSRVDORI WKHÀUVW Constitution of Pakistan. From the outset, the department was formed DWWKHSURYLQFLDOOHYHO 3XQMDE WRLQÁXHQFHWKH&RQVWLWXHQW$VVHPEO\LQ 24 Muhammad Asad, This Law of Ours and Other Essays (Kuala Lumpur: Islamic Book Trust, 2015). 25 Asad, This Law of Ours and Other Essays, 1987, 123. 26 Asad and Asad, Home-Coming of the Heart, 68. 27 Asad, The Road to Mecca, 1. Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 Muhammad Asad’s Design of An Islamic State In Post-Colonial Pakistan | 99 the constitutional making process, in the interest of Islam and the central government, as evident in the ‘Memorandum for enforcement of Sharia LQ3DNLVWDQ·VHQWE\$VDGWR&RQVWLWXHQW$VVHPEO\RQWK$XJXVW which suggest that “what is most urgently needed is an unambiguous declaration on the part of the government that the establishment of an Islamic policy was not just a pre-partition slogan but the real aim behind its demand”28. The memorandum further outlined the essential function and task of the department, and proposed the formation of the regional councils in all cities which should comprised of prominent citizens and social workers to help building up a truly Islamic society, as well as a separate ‘Shariah committee’FRQVWLWXWHGRI ¶UHVSRQVLEOHXOHPD·RI DOOVFKRRORI WKRXJKWWR FRGLI\ ODZV GHYLVHG IURP WKH 4XU·DQ DQG VXQQDK29. In this regards he H[SOLFLWO\VWDWHGWKDW´Shariat Committee must be appointed by the government in near future that should be composed of responsible ulema from all the sects to carry out WKHFRGLÀFDWLRQRI WKHVRFLDODQGHFRQRPLFODZVIURPWKH4XUDQDQG+DGLWKWKDWFDQ be promulgated in the country.” Unfortunately, Pakistan did not work out as Iqbal and Asad had hoped for and his ideas had not been realized. The new state had been “a historical necessity,” and without it, “Muslims would have been submerged in the much more developed and intellectually and economically stronger Hindu society.” But “unfortunately it did not quite develop in the way we wanted it to. Iqbal’s vision of Pakistan was quite different to that of Mohammed Ali Jinnah >ÀUVWJRYHUQRUJHQHUDORI 3DNLVWDQ@ZKRGLGQRWLQWKHEHJLQQLQJZDQWD 28 Ahmed, Mustafa, and Khan, “Delineations of Governance through Islam in Nascent Pakistan: Department Of Islamic Reconstruction and Islamic Law Commission”; Council of Islamic Ideology, Islami Nazaryati Council, Idarajati Pase-i-Manzar Aur Karkardagi (Islamabad: Musa Printers, 2016). 29 Ahmed, Mustafa, and Khan, “Delineations of Governance through Islam in Nascent Pakistan: Department Of Islamic Reconstruction and Islamic Law Commission,” 852; Council of Islamic Ideology, Islami Nazaryati Council, Idarajati Pase-i-Manzar Aur Karkardagi. Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 100 | Ahmad Nabil Amir separation.” Pakistan became a state for Muslims, but its secular founders put aside its mission as an Islamic state”.30 Thus, the Department of Islamic Reconstruction was ultimately burned down and completely vanished with its archives, after the death of Quaid-e-Azam, without trace. Nevertheless, its memory remains with the historical archives and documents that evidently suggest that it has played DPRPHQWRXVUROHLQWKDWPRPHQWDVUHFRUGHGLQWKHLQÁXHQWLDOjournal Arafat: A Monthly Critique of Muslim Thought edited by Muhammad Asad, showing correspondence he made with early generation of freedomÀJKWHUVDQGIRUHIDWKHUVRI 3DNLVWDQPRYHPHQWLQLWVIRUPDWLYH\HDUV 7KHFRQFHSWXDOIUDPHZRUNRI 0XKDPPDG$VDG·VSROLWLFDOWKRXJKW was provided in an authoritative references of contemporary survey, DV KLJKOLJKWHG E\ 7DG]NLUD 1DGL\D 7VDXULWKDW H[DPLQHV WKH LQÁXHQFH RI  0XKDPPDG $VDG·V VRFLRSROLWLFDO LGHDV LQ WKH IRUPDWLRQ RI  WKH QHZO\IRXQGHG 5HSXEOLF RI  3DNLVWDQ LQ  ,W H[SODLQV WKH KLVWRULFDO background of his life and his moral philosophies and career as well as the WUDGLWLRQDOLQÁXHQFHRQKLVSURJUHVVLYHLGHDVDQGKLVVLJQLÀFDQFHOHDUQLQJ DQGH[SHULHQFHVLQ,QGLDWKDWLQVSLUHGKLVSURMHFWLRQRI ,VODPLFVWDWH,Q spite of its modern foundation and construct, Asad still emphasized its necessity to be rooted in the basic sources of Islamic tradition and practice. Asad was responsible in drafting and formulating the basic ideas and FRQFHSWWKDWXQGHUOLH3DNLVWDQ·VFRQVWLWXWLRQDOLGHRORJLHV+HHPSKDWLFDOO\ support the ideas put forth of its moral foundation based on the socioHWKLFDOSULQFLSOHVIRUWKFRPLQJIURPWKHH[SOLFLWWH[WVRI WKH4XU·DQDQG Sunnah. Although his ideas were only included in the preamble of the constitution of the governmental structure, which has cease to be in force, it continued to have lasting impact in the historical memory of the nation as its leading founders and formulators.31 30 Kramer, “The Road from Mecca: Muhammad Asad (Born Leopold Weiss)”, Dalam The Jewish Discovery of Islam: Studies in Honor of Bernard Lewis”; M Parker, “Death of a Muslim Mentor,” Middle East, 1992. 31 Tadzkira nadiya Tsauri, “Pengaruh Pemikiran Muhammad Asad Dalam Pembentukan Negara Islam: Studi Tentang Terbentuknya Negara Pakistan,” Diponegoro Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 Muhammad Asad’s Design of An Islamic State In Post-Colonial Pakistan | 101 $VDG·V LGHDV FRXOG EH FRPSDUHG WR $OLMD ,]HWEHJRYLF DQRWKHU giant intellectual of European Muslim, highly reputed in articulating the concept of Islamic state in the twentieth century and outlining its vision consistent with the original and legitimate ideal of the Shariah and LWV PRUDO DQG OHJDO LPSHUDWLYH %RWK RI  $VDG DQG $OLMD·V SURMHFW IRXQG H[SUHVVLRQLQWKH,VODPLF5HSXEOLFRI 3DNLVWDQDQG%RVQLD+HU]HJRYLQD in the Balkan Peninsula that manifested the highly rigorous and sustained spirit of Islamic ideals and the dynamic force of its political order. Their ideas had inspired the thriving of democratic constitution to propel with its legal and socio-ethical implication for the Muslim nation. Both were staunch advocates of the political and religiously-based entity of nation state, which allowed for the thriving of universal consciousness of Muslim society that invoke wide-ranging of religious-moral and ethical teachings WREHUHDOL]HGDQGÀQGLWVSUDFWLFDOH[SUHVVLRQ32 The distinguished writings of Muhammad Asad on the classic model RI WKH6KDULDKVWDWHLQWKHFRQWH[WRI 3DNLVWDQZDVKLJKO\SKHQRPHQDODV highlighted by Pipip Ahmad Rifai Hasan (1998) in his thesis, which deals with constitutional issues relating to the nature and power of various state organs and regulations, the formation of modern Islamic law and its legal basis, the functioning of state mechanism, the status of women, minority and non-Muslims, and the relationship between Muslim and non-Muslim states. According to him, in order to achieve the ultimate goals of Muslim cultural revival, conscious of their intellectual and spiritual potential, Islam should be a program of life, where the establishment of Islamic polity is imperative if Muslims really wanted a vehicle through which they could translate the principles of Islam into action. Otherwise, he believed that freedom and prosperity of Muslims will not be achieved unless their followers submit wholeheartedly to its principles and strive to implement Journal of Accounting (Universitas Islam Negeri Syarif Hidayatullah, 2017). 32 M A Sherif, ‘Why an Islamic State: The Life Projects of Two Great European Muslims (Kuala Lumpur: Islamic Book Trust, 2009). Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 102 | Ahmad Nabil Amir WKHP+DVDQ·VWKHVLVZDVGHYHORSHGIURPKLVWRULFDOSRLQWRI YLHZZKLFK FKURQRORJLFDOO\ DQDO\VHV $VDG·V SROLWLFRUHOLJLRXV LGHDV WKURXJK KLV ERRNVDUWLFOHVIRUHLJQUHSRUWVDQGLQWHUYLHZV,WÀQDOO\FRQFOXGHVRQWKH reliability and applicability of the Shariah state model that he proposes, in WKHFRQWH[WRI FRQWHPSRUDU\GHYHORSPHQWDQGFXUUHQWQHHGVDQGLVVXHV facing Muslim society.33 Further, his political concept and ideas were comprehensively analysed by H. Idzam Fautanu that addresses the key concepts and nature of constitutional system and parliamentary structure brought forth by Muhammad Asad, widely hailed as reputed thinker and ideologist of the ,VODPLF6WDWHRI 3DNLVWDQ5HÁHFWLQJRQWKHHVVHQFHVDQGKLJKHUREMHFWLYHV RI ,VODPLFODZDQGVSLULWXDOWHDFKLQJ$VDGKDVSURSRXQGHGVLJQLÀFDQFH ideas of its universality and coherent worldview, which includes sociolegal and moral ideals, underlying its laws and principles of governance, and its legal philosophy and jurisprudential basis. 34 7KHHVVHQFHRI $VDG·VOHJDOWKRXJKWDQGLWVLQÁXHQFHLQSURMHFWLQJ the modern structure of Islamic State as articulated in his book The Principles of State and Government in IslamZDVFOHDUO\H[SRXQGHGE\$FHS Bahrul Rivai in his thesis. In his reviews, Acep summarizes particular WKHPHVRI LPSRUWDQFHIHDWXULQJ$VDG·VVRFLRSROLWLFDOLGHDVWKDWDFRXQWU\ comprising mostly or even entirely Muslims is not necessarily equal to Islamic state. It can only be truly Islamic by the conscious application of its social and political teachings in the life of the community through its incorporation in the basic constitution of the country. Generally, the work 33 P A R Hasan, The Political Thought of Muhammad Asad” (Tesis M.A: Department of Religion, Concordia University, n.d.). 34 F H Idzam, “Konsep Negara Islam Muhammad Asad: Studi Atas Pemikiran Dan Kontribusinya Terhadap Pakistan” (UIN Syarif Hidayatullah Jakarta, 2007); F H Idzam, “Prinsip-Prinsip Ketatanegaraan Dalam Islam (Perspektif Muhammad Asad). Makalah Diskusi Dosen Madrasah Malem Reboan (MMR,” UIN Sunan Gunung Djati, 2017; F H Idzam, “Peran Negara Dalam Subsidi Kepada Masyarakat Dalam Pemikiran Muhammad Asad,” Socio-Politica 8, no. 1 (2018): 1–9. Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 Muhammad Asad’s Design of An Islamic State In Post-Colonial Pakistan | 103 ORRNVLQWR$VDG·VWUDGLWLRQDOYLHZVDQGDUJXPHQWVLQMXVWLI\LQJWKHQHHGIRU DQ,VODPLFVWDWHDQGWKHUDLVRQG·HWUHRI LWVIRUPDWLRQDVZHOODVWKHIRUP DQGFRQWH[WRI JRYHUQPHQWKHHQYLVDJHV35 The vision of Muhammad Asad as political advocate was broadly GLVFXVVHG E\ 0LD 2NWDYLDQL LQ KHU WKHVLV WKDW VSHFLÀFDOO\ DQDO\VH KLV SROLWLFDOVWUXJJOHDQGLQÁXHQFHVLQWKHIRUPDWLRQRI 3DNLVWDQDVZHOODVKLV LQGLVSHQVDEOHZRUNVFRQFHUQLQJVSHFLÀFJRYHUQPHQWDODQGFRQVWLWXWLRQDO issues,. She argued that Asad was of the opinion that in forming the state, the form of government is left to the Muslims to develop a model or pattern that conform with the values and ideals of Islam, since there was QRVWLSXODWLRQDERXWWKHFRQFUHWHIRUPRI VWDWHH[SUHVVHGLQWKH4XU·DQ and hadith. He maintained that there is no separation between the two RUJDQVRI WKHSRZHUUHODWLRQEHWZHHQWKHH[HFXWLYHDQGOHJLVODWLYHERGLHV which is integrated under the rule of an amir, whose functions as the head RI  WKH OHJLVODWLYH FRXQFLO DQG LQ KLV H[HFXWLYH IXQFWLRQ DV WKH KHDG RI  VWDWHFDQRYHUFRPHWKHGXDOLVPRI SRZHU:KLOHWKHVWDWH·VUHODWLRQVKLS with the people was bound by a reciprocal system, with equal rights and obligations, which must be adhered to, that provide protection to the community, equal access to education, and various economic facilities. :KLOH WKH SHRSOH·V LQWHUHVW ZDV VDIHJXDUGHG WKH\ KDYH HYHU\ ULJKW WR criticize the ruler, and protect their dignity and honour of their family, defending the state, and adhered to the shariah rule.36 The broad consequence of its political dimension was highlighted E\=DLPXO$VURRULQKLVERRNWKDWGLVFXVVHGWKHFRQWH[WXDOLQWHUSUHWDWLRQ RI SROLWLFDOYHUVHVLQWKH4XU·DQE\0XKDPPDG$VDGFRQWUDVWLQJEHWZHHQ KLV WH[WXDOLVW DQG FRQWH[WXDOLVW DSSURDFKHV LQ DGGUHVVLQJ WKH VWDWH DQG 35 A B Rivai, “Negara Islam Menurut Muhammad Asad: Studi Pemikiran Muhammad Asad Dalam Buku the Principles of State and Government in Islam” (UIN Sunan Gunung Djati Bandung, 2012), http://digilib.uinsgd.ac.id/id/eprint/389. 36 M Oktaviani, “Pemikiran Politik Islam Menurut Muhammad Asad” (Universitas Islam Negeri Sultan Maulana Hasanuddin Banten, 2019). Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 104 | Ahmad Nabil Amir governmental issues. He analysed his compelling arguments and debates concerning the relationship between religion and state, especially in the constitutional topic of establishing the Islamic State of Pakistan, which LQYROYHGKLVGLUHFWSDUWLFLSDWLRQDQGYRFDWLRQ$VDG·VLQWHUSUHWDWLRQRI WKH political verses in his writings form the basis of his compelling arguments RI ,VODPLFSROLWLFVIURPWKH4XU·DQLFYLHZSRLQWV7KLVKDVDUJXDEO\EULQJ forth interesting discourse and interpretations held by other commentators DQGH[HJHWHVLQUHVSRQVHWRGLVFXVVLRQVUHODWHGWRWKHXQGHUVWDQGLQJDQG FRQWH[WXDOL]LQJRI WKHayah from scriptural sources.37 5HFHQW SXEOLFDWLRQ RI  .HQQHWK ; 5REELQV·V “Four People of the Book: From Foreign Jewish Roots to South Asian Islamic Roles”, reviewing the historical background and lifetime journey of Muhammad Asad in his transformation from Leopold Weiss to Muhammad Asad, was particularly ZHOFRPHGWKDWDQDO\WLFDOO\GHVFULEHGKLVULVLQJLQÁXHQFHDQGFDUHHUVDQG connections made in India and Pakistan. Thus, generally, this paper aims WR FRPSOHPHQW DQG ÀOO VRPH JDSV LQ SUHYLRXV ZULWLQJV RQ 0XKDPPDG $VDG·V SROLWLFDO WKRXJKW DQG LWV SUDFWLFDO DSSOLFDWLRQ LQ 3DNLVWDQ DQG IXUWKHUVWUHQJWKHQWKRVHÀQGLQJVDQGHIIRUWVE\UHLQIRUFLQJSROLWLFDOYLHZV as well as providing more comprehensive evidence and reasoning and MXVWLÀFDWLRQVRI 0XKDPPDG$VDG·VFRPSHOOLQJDUJXPHQWVDQGYLVLRQ38 The research was designed based on qualitative and documentative analysis. It conducted comprehensive literature review of Muhammad $VDG·VFRUSXVDVWKHPDLQLQVWUXPHQWV7KHPHWKRGRI DQDO\VLVLVEDVHG RQ DQDO\WLFDO DQG GHVFULSWLYH IUDPHZRUN ,W VWXGLHV WKH LQÁXHQFH DQG UHODWLRQEHWZHHQ$VDG·VLGHDVDQGKLVFRKHUHQFHDSSURDFKHVLQSURGXFLQJ his comprehensive corpus of Islamic classics. The data were derived from 37 Z Asroor, Ayat-Ayat Politik: Studi Kritis Penafsiran Muhammad Asad (1900-1992) (Tangerang Selatan: Yayasan Pengkajian Hadits el-Bukhari, 2019); See also: Z Asroor, “Tekstualis Vis-à-Vis Kontekstualis (Studi Kritis Penafsiran Ayat-Ayat Politik Muhammad Asad 1900-1992),” Ilmu Ushuluddin 18, no. 2 (2019): 152–172. 38 K X Robbins et al., eds., Four People of the Book: From Foreign Jewish Roots to South Asian Islamic Roles. Co-Edited with Zohaib Ahmad (Maryland: Kenneth X. Robbins, 2022). Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 Muhammad Asad’s Design of An Islamic State In Post-Colonial Pakistan | 105 primary and secondary sources, including books, manuscripts, papers, SHULRGLFDOV DQG MRXUQDOV IURP $VDG·V RULJLQDO FROOHFWLRQ 7KHVH ZHUH analysed using interpretative heuristic insight and comparative analogy in RUGHUWRVXPPDULO\FRQFOXGHGWKHÀQGLQJ Result and Discussion 1) The Islamic State $VDG·VGHÀQLQJDUJXPHQWVDQGLQVLJKWVRQWKHHVVHQWLDOIUDPHZRUN of Islamic state practically derived from traditional premises relating to the theory of Islamic government and constitutional principle as EURXJKW IRUWK LQ FODVVLFDO ZRUNV RI  ÀTK ,VODPLF MXULVSUXGHQFH 39 It presents the vision and hope of the Ummah, highlighting “Our desire to build our socio-political existence in terms of Islam and for the sake of Islam”40ZKLOHFRQFHLYLQJRQWKHFRPSOH[VWUXFWXUHDQGIUDPHZRUNRI  the institution of nation state and its competitive measure invoking for modern policies and structure in the governmental process. The formation of Islamic State of Pakistan, he submits, must take into account the basic requirement of its moral imperatives and sociolegal and ethical basis.41 The state, in his estimation, was unlikely to sustain if people continue to pursue ignorant culture and habit. Instead it requires conscious commitment toward practical Islamic life, forthcoming from the consciousness of the Muslims of the dream and struggle of the founders to uphold their vision demanding full 39 See: M Asad, Islam and Politics (Geneva: Islamic Centre, 1963); M Asad, AsasAsas Negara Dan Pemerintahan Dalam Islam (Terj. Muhammad Radjab), Jakarta: Granada, Cet (Jakarta: Bhratara, n.d.); T Asad, “Muhammad Asad between Religion and Politics. Kertas .HUMD 'LVDPSDLNDQ 'DODP 6LPSRVLXP ¶'U 0RKDPPDG $VDG ² $ /LIH IRU 'LDORJXH· Pada April 11, 2011 Di King Faisal Center for Research and Islamic Studies” (Riyad, 2011). 40 Asad, This Law of Ours and Other Essays, 1987, 94. 41 See: M. Ikram Changhatai, Europe’s Gift to Islam: Muhammad Asad (Leopold Weiss), ed. M I Chaghatai (India: Adam Publisher and Distributors, 2006). Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 106 | Ahmad Nabil Amir integration of religious life: “if the meaning of our struggle for Pakistan is WUXO\WREHIRXQGLQWKHZRUGV/ĆLOĆKDLOOĆ$OOĆKRXUSUHVHQWEHKDYLRXUPXVWEH a testimony of our coming nearer and nearer to this ideal – that is, of becoming better Muslims not only in our words, but in our actions as well.”42 6XFK D VLJQLÀFDQW YLHZSRLQW ZDV IXUWKHU DUWLFXODWHG LQ KLV insightful article “What do we mean by Pakistan” which was published in Arafat journal in February 1947 (p. 66) and reissued in his book titled “This Law of Ours and Other Essays” (p. 41): “The Pakistan movement…can become the starting-point of a new Islamic development if the Muslims realise - and continue realising LWZKHQ3DNLVWDQLVDFKLHYHG²WKDWWKHUHDOKLVWRULFMXVWLÀFDWLRQRI  this movement does not consist in our dressing or talking or salaaming differently from the other inhabitants of the country, or in the grievances which we may have against other communities, or even in the desire to provide more economic opportunities and more elbow-room for people who – by sheer force of habit – call themselves ‘Muslims’: but that such DMXVWLÀFDWLRQLVWREHIRXQGRQO\LQWKH0XVOLPV·GHVLUHWRHVWDEOLVKD truly Islamic polity: in other words, to translate the tenets of Islam into terms of practical life.”43 In conceiving the basic principle of Islamic government, he RXWOLQHVLWVSUHUHTXLVLWHVZKLFKKDVWREHLQOLQHZLWKWKHFOHDUWH[WDQG HYLGHQFHRI WKH4XU·DQDQG6XQQDKDQGLWVH[SOLFLWZRUGDVZHOODVWKH practice of the Salaf (the righteous forebears), thus: “we must look for guidance to no other sources than the Qur’an and the Sunnah, and to rely on no authority other than the explicit Word of God and the explicit teachings of the Last Prophet (saw)44. This encapsulate the hope of the entire millat and their underlying aim and aspiration for a new dawn: 42 43 44 Asad, This Law of Ours and Other Essays, 1987, 95. Asad, 41. Asad, The Principles of State and Government in Islam, 14. Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 Muhammad Asad’s Design of An Islamic State In Post-Colonial Pakistan | 107 “If our present leaders but listen to the people’s heartbeat they are bound to realise that what the common man desires is not merely a state in which Muslims would have greater economic facilities that they have now, but a state in which God’s Word would reign supreme”.45 This represent a new dawn in the history of the millat featuring WKH KRSH DQG H[SHFWDWLRQ RI  WKH XPPDK IRU DQ LPPDQHQW IXWXUH with the creation of Islamic state in Pakistan by realizing their dream in that momentous day. In his article “Calling All Muslims” which was published in the periodicals Arafat, Lahore, 1948 Asad argued in light of the progress and development of Islamic state and its sociopolitical requirement and imperative as enshrined in the constitutional framework of Pakistan which he directly involved in setting up and preparing its draft. The article originally made for his Radio Talk EURDGFDVWLQ6HSWHPEHUZKLFKH[SUHVVHVWKHDVSLUDWLRQRI LWV national leader, Quaid-e-Azam, and his vision to uphold the Islamic law based on the values and principles of tawhid.  7KH FRQFHSWXDO LGHDO HQVKULQHG LQ WKH GUDIW UHÁHFWHG WKH basic structure and framework of Islamic constitution envisioned by Muhammad Asad, that uphold the value of freedom, and safeguard human rights and public participation, defending the standard practice of democratic process and the rule of law by forming the key OHJLVODWLYHH[HFXWLYHDQGMXULVWLFERGLHVDVZHOODVHPSKDVL]LQJRQWKH need to applying resolute moral imperative in realising this program: “We are passing through a time of unprecedented stress and gravity a time that calls for the utmost moral and physical effort on the part of every one of us. Unless we, as a community, are able to bring forth such an effort, our social and political life is bound to suffer grievously and the very achievement of an Islamic State may prove to have been an illusion”.46 45 46 Asad, This Law of Ours and Other Essays, 2015, 47. Asad, “Arafat: A Monthly Critique of Muslim Thought,” 86. Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 108 | Ahmad Nabil Amir In Islamic State, the values being developed were directed toward realizing its spiritual and metaphysical teachings and tawhidic worldview, which encompassed such holistic approach in political and economic policy, that projected an inclusive and dynamic structure RI  WKH QDWLRQ·V HWKLFROHJDO V\VWHP DQG SULQFLSOH ´the raison d’etre of Pakistan was the desire of the vast majority of these inhabitants to live an Islamic OLIH 7KH ÀUVW DQG PRVW LPSRUWDQW SULQFLSOH RI  3DNLVWDQ·V IRUHLJQ SROLF\ ZDV WKHUHIRUHWKHIXOÀOPHQWRI ,VODPLFGXWLHVµ47. The classic norms and practices IRUPHGLQLWVHDUOLHVWKLVWRULFDOSHULRGSURYLGHGLQVLJKWIXOH[DPSOHRI  that accomplished era of the universal ummah, imbedded in the tawhidic consciousness of early Muslim community, consciously adopting its higher transcendental ideal in practical life. :LWK UHJDUG WR WKH GHYHORSPHQW RI  $VDG·V SROLWLFDO LGHDO DQG FRQFHSWLRQ RI  ,VODPLF VWDWH LW LV  H[SOLFLWO\ FODULÀHG LQ KLV VWDQGDUG work, The Principles of State and Government in Islam, which emphasized on the intrinsic nature of Islamic government and its historical precedence. It was conceived based on the prevailing political structure and framework of the seventh century Madinah society, developed by WKH3URSKHW VDZ DQGKLV&RPSDQLRQVWKDWSURYLGHGWKHH[DPSOHRI  an ideal manifestation of political entity and statecraft in Islam: “For, let us be clear in our minds on one point at least: there has never existed a truly Islamic state after the time of the Prophet (saw) and of the Medina Caliphate headed by the Prophet’s immediate successors, the four Right-Guided Caliphs, Abu Bakr, ‘Umar, ‘Uthman and ‘Ali. That Medina Caliphate was truly Islamic in the sense that it fully UHÁHFWHGWKHSULVWLQHWHDFKLQJVRI ERWKWKH4XU·DQDQGWKH3URSKHW·V Sunnah, and was as yet unburdened by later-day theological accretions and speculations.”48  0 +DPLGXOODK ´,VODP·V 6ROXWLRQ RI  WKH %DVLF (FRQRPLF 3UREOHPV  WKH Position of Labour,” Islamic Culture 10, no. April (1936): 213. 48 Asad, The Principles of State and Government in Islam, v–vi. 47 Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 Muhammad Asad’s Design of An Islamic State In Post-Colonial Pakistan | 109 7KHIDFWWKDWRQO\WKH0DGLQDK&DOLSKDWHHVWDEOLVKHGLQ,VODP·V HDUO\ SHULRG WKDW WUXO\ UHÁHFWHG WKH SULVWLQH WHDFKLQJ RI  WKH 4XU·DQ and Sunnah is due to its historical realization of tawhidic framework that make up the essential fabric of government and foundational ideas and doctrine of statecraft, based on the integral teaching of Islamic scripture and authoritative religious prescription and postulate. 7KLV SURYLGHG WKH EDFNJURXQG RI  $VDG·V FRQFHSWLRQ RI  SROLWLFDO organization taken from scriptural sources as indispensable reference ZKLFKFRQVWLWXWHWKHDSSUR[LPDWHSURWRW\SHRI ,VODPLFJRYHUQPHQW as “Islamic” in the full sense of the word, and would also take the practical requirement of our time”49  ,Q WKLV VHQVH LW FRQWH[WXDOL]H the modern ideas of nation state and its prerequisite of moral imperative, that envision the reality of truth and the force of tawhid, through conscious application of shariah. This was realized through the practice of ijtihad WKDW UHÁHFWHG WKH KLJKHU LGHDOV DQG YDOXHV RI  truth, and so “to strip it down to its original, very basic essentials, without all the accretions of the many centuries that followed which prevented it from being really workable”50. In this sense, his approach to the shariah is fundamentally EDVHGRQWKHFOHDUDQGH[SOLFLWZRUGRI WKH4XU·DQDQG+DGLWKLQWKDW “whatever forms of state and government came into being in Muslim countries after WKDWÀUVWHDUOLHVWSHULRGZHUHYLWLDWHGLQDOHVVHURUKLJKHUGHJUHHE\LGHRORJLFDO deviations from the erstwhile simplicity and clarity of Islamic law, or even by outright, deliberate attempts on the part of the rulers concerned to deform and obscure that law in their own interests”51 Such unwarranted addition has resulted in confusion of the true meaning and implication of the shari‘ah law, and the essence of the Divine Writ revealed from on high, since “the real shari‘ah is 49 50 51 Asad, The Principles of State and Government in Islam. Asad and Asad, Home-Coming of the Heart, 263. Asad, The Principles of State and Government in Islam, viii. Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 110 | Ahmad Nabil Amir extremely concise and, therefore, easily understandable and because it is so small in volume it cannot…provide detailed legislation for every contingency of life”52. Thus, in his drafting and formulating of the principal ideas of the future constitution of the Pakistan ideas, Asad based his work on scriptural source and ijtihad OHJDO UHDVRQLQJ  EURDG DQG H[SOLFLW WH[WRI WKH4XU·DQDQG6XQQDKDQGKLJKHUREMHFWLYHRI ,VODPLFODZ IRUWKFRPLQJIURPWKHGLYLQHZULWDQGLWVWH[WXDOHYLGHQFHDVZHOODVKLV insightful observation of the dynamics of social reality and its various manifestation encompassing entire shape of communal life. ,Q VXPPDU\ $VDG·V FKDUDFWHULVWLF YLHZSRLQW RI  ,VODPLF JRYHUQPHQWFDQEHFRQFOXGHGDVIROORZV  WKHUHLVQRVSHFLÀFIRUP of Islamic state (2) the principal duty of Islamic state is to uphold shariah (3) there can be no legal stipulation that run contrary to the WH[WDQGVSLULWRI WKHVKDULDK  DGKHUHQFHWR,VODPLFFRQVWLWXWLRQDO rule is a Muslim religious duty (5) the decision of the shura council is OHJDOO\ELQGLQJRQWKHH[HFXWLYHERG\WKDW´all governmental activities must be an outcome of consultation among the community’s accredited representative”53 (6) the Supreme Court should act as a guardian of the constitution, that is shariah.54 Consequently, in reading his political ideology it gives the widest possible resolution to the problem of differences of opinion based on the decision of the majority, as representative voice that empower SXEOLFUHDVRQUHÁHFWLQJLWVXQGHUO\LQJYDOXHVRI PRUDOLW\DQGUDWLRQDOLW\ in light of social practice in pursuing public good, in that “the ultimate purpose of an Islamic state is to provide a political framework for Muslim unity and cooperation.”55 52 Asad, 14. Asad, 35. 54 Idzam, “Prinsip-Prinsip Ketatanegaraan Dalam Islam (Perspektif Muhammad Asad). Makalah Diskusi Dosen Madrasah Malem Reboan (MMR.” 55 Asad, The Principles of State and Government in Islam, 30. 53 Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 Muhammad Asad’s Design of An Islamic State In Post-Colonial Pakistan | 111 7KHSROLWLFDOH[SHULHQFHRI 3DNLVWDQLQIDFWUHÁHFWHGWKHVRFLR political reality of the emerging nation state prevailing in modern history, whose ideas and notion of parliamentary and bureaucratic state, was technically supported by many of the leading authority and scholars of Islam, as highlighted by Charles Kurzman in his work on modernist Islamic movement, pointing out the religious interpretation of its leading jurist and polymath Muhammad Abduh, that “Muhammad ‘Abduh (Egypt, 1849-1905) - the highest-ranking UHOLJLRXVRIÀFLDOLQ(J\SW²ZURWHSULYDWHO\LQWKDWKHVXSSRUWHG a parliamentary democracy”56. Such constitutional ideas was further GHYHORSHG DQG UHLQIRUFHG E\ 0XKDPPDG $VDG LQ KLV WH[WXDO interpretation of religious sources, as alluded to by Deny Fresyan  LQKLVDQDO\VLVRI 0XKDPPDG$VDG·VIXQGDPHQWDOGRFWULQHRI  Islamic state: “,Q GHÀQLQJ ,VODPLF VWDWH 0XKDPPDG $VDG FRQFHLYHG WKDW LW constitutes a political establishment whose constitution contains the provision of Islamic law in such a way that its constitutional practice implement the norms enshrined in the Qur’an and hadith”.57 6XFK FODVVLF LGHDV RI  ,VODPLF VWDWH IRXQG H[SUHVVLRQ LQ WKH H[LVWHQFHRI 3DNLVWDQZKRVHVWUXFWXUDOIRXQGDWLRQZDVVKDSHGLQOLQH with Islamic principle and its religious spirit while accommodating the modern ideal of democratic pillar of civic and nation state.58 In WKLV FRQWH[W $VDG·V LGHDV KDV HQGXULQJ UHOHYDQFH DQG IDUUHDFKLQJ consequences in contemporary world with the achievement of Pakistan, brought forth by his unprecedented vocation as its leading ideologue in which, “his views on the centrality of Islam to everyday life C Kurzman, ed., Modernist Islam, 1890-1940: A Sourcebook 1HZ<RUN2[IRUG University Press, 2002), 3. 57 D Fresyan, “Konsep Negara Dalam Islam: Studi Pemikiran Muhammad Asad Tentang Berdirinya Negara Islam” (Disertasi Sarjana, IAIN Walisongo Semarang, 2006). 58 See: Showkat Ahmad Dar, “Concept of Islamic State and Its Applicability in VW&HQWXU\$Q$SSUDLVDORI 0XKDPPDG$VDG·V0RGHOµInsan ve Toplum 6, no. 1 (2016): 175–86. 56 Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 112 | Ahmad Nabil Amir consequently led him into the area of civil society and its proper governance.”59 ,Q KLV UHYLHZ RI  $VDG·V State and Government, Edward J. Jurji   H[SUHVVHG KLV GHHS LPSUHVVLRQ RI  $VDG·V LQVWUXFWLYH ZRUN stating that “this book is a discussion of such religious fundamentals as PXVWÀQGDQH[SUHVVLRQLQDFRQVWLWXWLRQSURIHVVLQJWREHDXWKHQWLFDOO\,VODPLF However, a blueprint is not offered for constitutional craftmanship in Pakistan or any other Muslim state. Mr. Asad invokes a standard supporting the viability of the religious law of Islam: should sharp differences divide an Islamic community, the believers must ever remember an injunction of the Prophet (saas) which declared that “the differences of opinion among the learned within my community are [a sign of] God’s grace.”60 In his work Sahih al-Bukhari The Early Years of Islam, Asad further commented on the indispensable need for conducive environment WKDWPDNHZD\IRUFUHDWLYHDSSOLFDWLRQRI VKDULDKDVH[SODLQHGLQ´7KH Book of Faith”: “the practical goal of the Islamic shari‘ah is the construction RI VRFLDOFRQGLWLRQVLQZKLFKDOOLQGLYLGXDOVZLOOÀQGHTXDORSSRUWXQLWLHVIRUWKHLU spiritual and material development. This practical, social purpose of the shariah gives the Muslims the moral right to strive for its establishment in the world.”61 He also acknowledged of the reality of its basic postulate as requisite to form such concrete and organising force of life: “the ideologies of religion are, in themselves, abstract conceptions, resembling a codex of laws before its application to life and its conditions. It is this application alone which transforms an ideological postulate into an organising force of life. 62 7KH H[LVWHQFH RI  3DNLVWDQ KDV UHVWRUHG WKH LGHRORJLFDO consciousness of the vision and doctrine of tawhid in public space. It stands to realize the aspiration of Muslim ummah of an accomplished 59 John Mayberry, “Muhammad Asad: Traditionalist or Modernist?,” Journal of the Contemporary Study of Islam 4, no. 1 (2024): 33, https://doi.org/10.37264/jcsi.v4i1.03. 60 (--XUML´5HYLX%XNX¶7KH3ULQFLSOHVRI 6WDWHDQG*RYHUQPHQWLQ,VODP·µ Journal of Church and State 5, no. ue. 2 (1963): 269–270. 61 Asad, Sahih Al-Bukhari The Early Years of Islam, 361. 62 Asad, 361. Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 Muhammad Asad’s Design of An Islamic State In Post-Colonial Pakistan | 113 state, that realized the objective of divine authority and its overarching transcendental and spiritual development in human government through state apparatus elected by the masses by mutual consultation. ,QWKLVVHQVH$VDG·VUROHLQWKH'HSDUWPHQWRI ,VODPLF5HFRQVWUXFWLRQ was instrumental in formulating Islamic policy that was accountable to inspire higher ideal of political and religious life in the best light RI VFULSWXUDOYDOXHVDQGH[SHULHQFHDQGLWVPRUDODQGVSLULWXDOLQVLJKW In conclusion, the idea of Islamic state forms the basic postulate GHÀQLQJWKHYHU\VWUXFWXUHRI 3DNLVWDQLGHDVWKDWZDVUHDOL]HGZLWKWKH legitimacy of the sources and mass support of the people to reclaim WKH LGHDO IRXQGDWLRQ RI  ,VODPLF JRYHUQPHQW $QG LQ WKLV FRQWH[W $VDG· GHÀQLQJ LGHD RI  ,VODPLF VWDWH KDV IRXQG H[SUHVVLRQ ZLWK LWV establishment that address the basic question of the principle of Islamic state and its spiritual foundation and constitutional structure. 2) The Principle of Justice and the Higher Objectives of Islamic Law “-XVWLFHLVWKHÀUVWYLUWXHRI VRFLDOLQVWLWXWLRQVDVWUXWKLVRI V\VWHPVRI  thought.”63,QDQDO\]LQJWKHEDFNJURXQGRI $VDG·VSROLWLFDOVWUXJJOHDQG DVSLUDWLRQLWLVSHUWLQHQWWRVHHWKLVLQWKHFRQWH[WRI KLVIXQGDPHQWDO idea and activism in the pre-independent aggression for a separate homeland. This underlie its theoretical argument as set forth in his work on its origin and underlying historical and epistemological ground, in which he views the state as “a coordinating agency with the powers of command and prohibition…and a tool by which Islam’s ideals can be brought to practical fruition”64. It provides the bedrock upon which “the constitution must explicitly lay down that no temporal legislation or administrative ruling, be it 63 John Rawls, A Theory of Justice, Essays and Reviews: 1959-2002 (Cambridge, Massachusetts: Harvard University Press, 2014), https://doi.org/10.5840/ VWXGLQWÀO 64 Asad, The Principles of State and Government in Islam, 4, 96. Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 114 | Ahmad Nabil Amir mandatory or permissive, shall be valid if it is found to contravene any stipulation of the shari‘ah”65. In this sense, the state must provides socio-economic and political security to all of its citizens66. He argued that the state is obliged to provide food, cloth and shelter to its citizens so that no person is forced to live in poverty67, as set forth in his commentary of verse 5:38 in The Message of The Qur’an: “Now as for the man who steals and the woman who steals, cut off the hand of either of them in requital for what they have wrought, as a deterrent ordained by God.”68 $VDGH[SODLQHGWKDW “In a community or state which neglects or is unable to provide complete social security for all its members, the temptation to enrich oneself by illegal means becomes irresistible – and, consequently, theft cannot and should not be punished as severely as it should be punished in a state in which social security is a reality in the full sense of the word. If WKHVRFLHW\LVXQDEOHWRIXOÀOOLWVGXWLHVZLWKUHJDUGWRHYHU\RQHRI LWV members, it has no right to invoke the full sanction of criminal law (hadd) DJDLQVW WKH LQGLYLGXDO WUDQVJUHVVRU EXW PXVW FRQÀQH LWVHOI  WR PLOGHU forms of administrative punishment. (It was in correct appreciation of this principle that the great Caliph ‘Umar waived the hadd of handcutting.”69 In conclusion, the decisive moment in his struggle to champion this principle was realized with the foundation of Pakistan that tenaciously uphold the principle of justice, equality and fairness to all its citizen.70 0XKDPPDG $VDG·V ULJRURXV ZRUN DQG VWUXJJOH WR XSKROGWKHOHJLWLPDWHDVSLUDWLRQRI 3DNLVWDQLSHRSOHFOHDUO\UHÁHFWHG in his socio-religious commitment toward achieving sovereign nation 65 Asad, 35. Asad, 83. 67 Asad, 89. 68 Asad, The Message of The Qur’an, 213. 69 Asad, 213. 70 See: Amartya Sen, The Idea of Justice (Cambridge, Massachusetts: Harvard University Press, 2009). 66 Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 Muhammad Asad’s Design of An Islamic State In Post-Colonial Pakistan | 115 state, which was realized with the achievement of a newly founded independent political organization that govern its norms and values which embody the spirit of justice, fairness, moderation, simplicity, and ihsan. Because after all, the enforcement of religious moderation is also important by the state as the controlling power, as is the case in several other major Muslim countries like Indonesia for instance.71 It seeks to realize constitutional guarantee of religious freedom and the implementation of sustainable policy of shariah by the common FRQVHQVXV WKURXJK WKH LQWHJUDO SRZHU RI  WKH H[HFXWLYH OHJLVODWLYH and judicial branches, functioning as the supreme bodies of state mechanism. Conclusion %DVHGRQWKLVEULHI DQDO\VLVRI 0XKDPPDG$VDG·VSROLWLFDOWKRXJKW it might be concluded that its basic conception and theoretical framework was originally founded upon the traditional practice and sources derived IURPWKHWHDFKLQJRI WKH4XU·DQDQGVXQQDKDQGWKHSUDFWLFHRI WKHVDODI  DQGWKHULJKWO\JXLGHG&DOLSKVWKDWVHUYHGDVDQH[SOLFLWDQGIXQGDPHQWDO source from which Asad developed his modern conception of Islamic state. This classical premises emphasized upon the universal principle of the shariah and the tawhidic force as the principal guide of his socio SROLWLFDOLGHDOHQYLVLRQLQJDPRGHUQ,VODPLFVWDWHWKDWZRXOGDSSUR[LPDWHO\ replicate the political order of the 7th century Hijrah of Prophetic era. In this regard, its basic formation lay in a truly democratic state and civic tradition that recognized the universal convention of modern nation state, projected toward moral and spiritual upliftment and sustainable future of the ummah. Such ideal was forthcoming from the dynamic character and force of a socio-religious fabric of Islamic polity, embedded with 71 See: A Hidayah, N Rizky Fauziyah, and W Wibowo, “The Role of the State in Fostering Religious Harmony in Indonesia: A Historical Review, Challenges and Policy towards Moderation,” Academic Journal of Islamic Principles and Philosophy 5, no. 1 (2024). Academic Journal of Islamic Principles and Philosophy | Vol. 5, No. 1, November - April 2024 116 | Ahmad Nabil Amir WKH KLJKHU SKLORVRSK\ XQGHUO\LQJ WKH VSLULW DQG GRFWULQH RI  WKH 4XU·DQ and sunnah (prophetic tradition). Its overriding objective and practical DLPVZDVWRUHDOL]HWKH4XU·DQLFSULQFLSOHRI WKHMXVWLÀDEO\,VODPLFUXOH as the basis of constitutional framework he espoused that brought forth WKHVLJQLÀFDQFHIRUPRI SROLWLFDORUJDQL]DWLRQPHDQWWRUHYLYHWKHVRFLR political order of the 7th century Hijrah guided by the higher principle of revelation and tawhidic consciousness and carrying the deeply-seated religious principal and its perennial spirit and values. Overall, this study ZDV EDVLFDOO\ OLPLWHG WR WKH WUHDWPHQW RI  $VDG·V SROLWLFDO LGHDOV DQG LWV religious implication in the case of Pakistan. 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