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Are rulers above the law in Islam?

Hall County Courthouse Memphis, Texas, United States
Photo: Huggums537, CC0 via Wikimedia Commons

No, rulers are not above the law in Islam. The law belongs to Allah, and a caliph, king or president is bound by it just like anyone else. The Prophet ﷺ himself said he would apply the law even to his own daughter.

"Even if it were Fatimah"

A woman from a powerful Makhzumi family was caught stealing, and people asked Usamah ibn Zayd to plead with the Prophet ﷺ to let her off. The Prophet ﷺ was angry and said that earlier nations were destroyed because they punished the weak and let the powerful go free. Then he said that if Fatimah, his own daughter, stole, he would apply the punishment to her too (Sahih al-Bukhari 3475). Equality before the law was not a theory; it was applied to the most important family in Madinah.

Justice even against yourself

The Quran commands justice with no exception for status, wealth or family:

يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ كُونُوا۟ قَوَّٰمِينَ بِٱلْقِسْطِ شُهَدَآءَ لِلَّهِ وَلَوْ عَلَىٰٓ أَنفُسِكُمْ أَوِ ٱلْوَٰلِدَيْنِ وَٱلْأَقْرَبِينَ "O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives..." Quran 4:135

Rulers are also told to give trusts to those who deserve them and to judge between people with justice (Quran 4:58).

Obedience has limits

Muslims are told to obey those in authority, but the Prophet ﷺ made clear that obedience is only in what is right, never in disobeying Allah (Sahih al-Bukhari 7145). When Abu Bakr became the first caliph, he is reported to have said in his first speech: obey me as long as I obey Allah, and if I go wrong, correct me. Historical reports also tell of Ali, while caliph, appearing before a judge in a dispute over a shield and losing his case. See What is a caliphate?

Theory and reality

History has many Muslim rulers who acted as if they were above the law, as in every civilization. Scholars often criticized them, and some went to prison for it. Classical scholars generally urged correcting rulers through advice and lawful means rather than armed revolt, to avoid bloodshed. See Is it haram to rebel against a government? Many Muslims today see accountable government and the rule of law as closer to these ideals. See Is democracy compatible with Islam?

Key points
  • In Islam, the law is above the ruler, not the other way round.
  • The Prophet ﷺ refused special treatment for the powerful.
  • Obedience to rulers is only in what is right.
  • Rulers who abuse power violate Islam's teachings.
Tip: Read the full story of the Makhzumi woman in Sahih al-Bukhari 3475. It's short, and it explains Islam's view of justice better than any lecture.

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