Commentary
Not only that Allah Ta’ ala had made Sayyidna Dawud (علیہ السلام) a prophet, He had also placed a government and state at his command. Accordingly, in this verse, he has been entrusted with a basic guideline for the conduct of governance and politics. Three things have been said in this guideline
1. We have made you Our khalifah (caliph, deputy, successor, vicar, vicegerent) on the earth.
2. In this capacity, your basic duty is to decide matters in accordance with the truth.
3. And to accomplish this mission, abstention from following personal desires is a binding condition.
As for the sense of making someone a khalifah on the earth, it has been discussed in the commentary on Surah Al-Baqarah (please see Ma` ariful-Qur'an, English, Volume I, pages 158-171) and from it emerges the essential principle of Islamic political theory that "Sovereignty belongs to Allah Ta’ ala." All rulers of the earth are bound to operate in accordance with His injunctions alone. They cannot go out of it. Therefore, the ruler of Muslims, the consultative body or assembly might explain or codify Islamic law as such, but the reality is that they are not lawgivers, instead, are introducers of the law of Allah.
The basic function of an Islamic state is to establish truth
Secondly, it has been made very clear here that the basic function of an Islamic state is to establish truth. It is incumbent on the government that it should establish the rule of truth and justice in all its matters from administration to resolution of disputes.
Since Islam is a religion for all times to come, it has not fixed such administrative details as would have to be changed with changing circumstances. Instead of that, it has blessed its followers with the basic guidelines in the light of which administrative details can be settled according to the needs of every period of time. Therefore, no doubt, this much has been made clear here that the essential function of the government is to establish truth, but along with it, its administrative details have been left in the safe hands of sound thinking Muslims of every period.
The relationship of the Judiciary and the Executive
Accordingly, no such fixed injunction as would stand unalterable in every period of time has been given on the issue of whether the Judiciary remains separate from the Executive or remains part of it. If, in some period of time, full trust can be placed in the honesty and trustworthiness of the rulers, the duality of the judiciary and the executive branches of the government can be eliminated - and if, in a certain period, full trust cannot be placed in the honesty and trustworthiness of the rulers, the Judiciary can also be kept totally independent of the Executive.
Sayyidna Dawud (علیہ السلام) was a great prophet of Allah. Who could have claimed to be as honest and trustworthy as he was? Therefore, he was simultaneously made the head of both the Executive and the Judiciary who also had the responsibility of delivering a verdict in disputes. In addition to the noble prophets (علیہم السلام) ، the same practice continued among the rightly guided khulafa' of the Muslim community (al-khulafa' ar-rashidun) when the amirul-mu'minin (the leader of Muslims or head of the Muslim state) used to be the Qadi (judge) as well. This practice was discontinued by later Islamic governments when the amirul-mu'minin was made the head of the Executive, and the qadi-l-qudat (Chief Justice) that of the Judiciary.
The third guideline on which the heaviest stress has been laid in this verse simply says: Do not follow the desires of yourself and keep the day of Reckoning in sight all the time. The reason for such a stress is that this thing is the very foundation of any effort to establish the supremacy of truth. Only a Hakim (ruler) or Qadi (judge) who has the fear of Allah and the concern of Hereafter in his heart can establish the supremacy of truth and justice in the real sense of the term. Nothing short of this would work. You are welcome to make laws, the best you can. The ability of the desiring human self to conceal its stratagems and carve out an operational outlet through any law or system is virtually unbeatable. As long as this thing is there, the best of law and system cannot establish the rule of law, truth and justice. The history of the world and the current scenario of our time bear witness to this submission.
The first thing to watch around offices charged with responsibility is the character of the human being sitting there
Right from here we also learn that in order to place someone in a position of authority, such as an official of the government, or a judge of the judiciary (or someone in any other role of public or private responsibility), the first thing one has to look for is whether or not this person has the fear of Allah in his heart, the concern for 'Akhirah, the life to come on his mind and, of course, the state of his morals and character. If it is realized that he has nothing of the sort as the fear of Allah in his heart, instead, his desiring self sits there as the monarch of all it surveys, then, no matter how high his degrees in education, and no matter how superb his expertise and experience in the field, he is not deserving of any high office of responsibility in the sight of Islam.
