Islam - Its Meaning for Modern Man — Page 282
282 languish or disappear, those responsible for the default would be accountable to Him. The head of a Muslim state is protected against judicial action in respect of the discharge of his public duties, but in respect of obligations undertaken by him in his private capacity as a citizen, he has no privilege and is subject to the same judicial process applicable to any other citizen. Umar, when he was Khalifa, was summoned to court to answer a civil charge preferred against him. When he appeared, the judge stood up as a mark of respect. Umar observed that he had come into court not in his capacity as the Khalifa, but as a private citizen and that it was utterly wrong and inconsistent with the judge’s position for the latter to extend any courtesy to him which was not extended to all other citizens when appearing in court. He held that the judge, by his action, had failed in his duty of impartiality toward the parties and was no longer fit to exercise judicial functions. Islam pioneered the first effective concept of the welfare state. The dignity of labour was unquestioned ⎯ indeed, we have seen that the Prophet emphasised this when he said to a labourer, “These hands are very dear to God” ⎯ but Islam also laid down that it was a duty of the state to ensure the provision of the average necessities of life for all citizens. This is regarded as the minimum requirement of a beneficent social organisation (20:119 ⎯ 120). In