Legislature, Judiciary, and Executive in Islam: Lessons from Surah An-Nisa

Based on research by Muhammad Rizwan-ul Haque

Founding Chairman, Dawood Family Takaful | CEO of an Investment Bank | Director of a Trust

Original research dated: January 15, 2018

Introduction

The Qur’an provides not only spiritual guidance but also a comprehensive framework for building just and balanced societies. Two pivotal verses from Surah An-Nisa (4:58–59) lay down foundational principles for governance, accountability, and justice. These verses explain how societies can uphold socioeconomic justice through the proper functioning of the legislature, judiciary, and executive—provided authority is exercised with trust, merit, and moral responsibility.

The Vital Tools of Governance

Every functioning society relies on three core pillars:

• Legislature – responsible for law-making

• Judiciary – responsible for justice

• Executive – responsible for administration and implementation

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Islam emphasizes that these institutions can only function effectively when appointments are made purely on merit. Authority, when placed in the wrong hands, becomes a source of injustice rather than stability.

The Three Pillars of Society

The legislature formulates laws, the judiciary ensures justice through fair judgment, and the executive manages daily affairs to keep systems running efficiently. A breakdown in any one of these pillars leads to imbalance, corruption, and loss of public trust.

Islamic guidance insists that power must be entrusted only to those who are competent, trustworthy, and morally upright, especially where life, property, and wealth of people are concerned.

Trust, Authority, and Justice in the Qur’an

Surah An-Nisa, verse 58, directly addresses the responsibility that comes with authority:

“Undoubtedly, Allah commends you to pay back the trusts to their owners, and that when you judge amongst people, judge with justice. Undoubtedly how well Allah admonishes you, verily Allah Hears Sees" (04/58)

This verse establishes two essential principles:

1. Authority is a trust, not a privilege

2. Justice is mandatory, not optional

Competency and Justice: 

When authority is misused, individuals fall into the category of khayanat (betrayal of trust). Strict adherence to this command naturally eliminates social evils such as nepotism, favoritism, coercion, and corruption.

Role of the Legislature in an Islamic Framework

Law-making, according to Islamic principles, is a serious responsibility. Governments and parliaments are obligated to formulate laws in alignment with the Qur’an and Sunnah, ensuring justice for the general public rather than serving elite or personal interests.

The Qur’an and Sunnah serve as immutable sources of guidance, they cannot be twisted or selectively interpreted to justify worldly gains.

We Must Obey Allah SWT & Prophet SAW:

Surah An-Nisa, verse 59, clarifies the hierarchy of obedience:

“O believers! Obey Allah, and obey the Messenger, and those in authority among you. Then if you differ in anything, refer it to Allah and the Messenger, if you truly believe in Allah and the Last Day. That is best and most suitable for final determination.” (Qur’an 4:59)

Notably, the command to “obey” is explicitly repeated for Allah and His Messenger, but not unconditionally for those in authority. This distinction highlights a critical reality: human authority is fallible and susceptible to misuse.

Therefore, when disputes arise, guidance must return to Qur’an and Sunnah, and judges must deliver verdicts with honesty and integrity. Opinions, fatwas, interpretations, or man-made laws may evolve or fail over time, but divine guidance remains constant.

Final Reflection: Power, Justice, and Accountability

These verses remind us that governance in Islam is deeply tied to moral accountability. Every position of authority is a test, and every decision will ultimately be answerable before the Creator. Societies that uphold trust, merit, and justice at every level naturally move toward stability and prosperity while those that compromise these principles risk moral and institutional collapse.