FOUNDATION OF THE RULING SYSTEM

The ruling system of the Khilafah is built upon four fundamental principles:

1. Sovereignty belongs to Allah (swt) and not to the people.

In Islam, sovereignty rests with the Shariah of Allah (swt), which distinguishes the Islamic ruling system from man-made ideologies that give the sovereignty to human beings. The Shariah mandates the selection of the Khalifah by the Ummah, the total obedience to the Khalifah by the Ummah, and the removal of the Khalifah should he rule by other sources than Islam.

Many Ayahs clearly establish this fundamental principle:

"Surely, by thy lord, they will not believe (in truth) until they make thee judge of what is in dispute between them" [An-Nisa': 65]

"O Believers, obey Allah and obey the Messenger and those in authority among you. If you should quarrel on anything, refer it to Allah and the Messenger."

[An-Nisa': 59]."

"It is not for the believer (male or female) that when Allah and His Messenger have decided a matter that they should have any choice." [Al-Ahzab: 36]

"The rule belongs to none but Allah." [Al-Anam: 57].

In addition, Muhammad (saaw) said, "No one among you will become a believer until his mentality and feelings are in harmony with what I have brought," establishing the supremacy of the Qur'an and the Sunnah as the sole source of legislation in Islam.

2. The authority of ruling belongs to the nation (ummah).

Although the sovereignty belongs to the Qur'an and Sunnah which also gave the Ummah the authority to execute the Shariah by appointing a Khalifah to implement the Islamic rules. Through the authority of the Ummah, the Khalif assumes the ruling position, entrusted by the Ummah to govern its external and internal affairs based upon Islam. Once the Ummah has delegated a Khalif, they establish an oath of allegiance (Bay'aa) that deputizes the Khalif with the responsibility of ruling by Islam and obliges the Ummah to pledge full obedience to the Khalif.

The fact that the Khalif obtains this mandate to rule from the nation demonstrates that the source of authority resides with the Ummah itself. The Ummah gives the ruling to whom it sees as being worthy to carry this responsibility, and also has the authority to remove the entrusted individual if he violates the Bay'aa by implementing Non-Islamic laws.

3. The installation of one Khalif is an obligation upon all Muslims.

The Shariah has made it an obligation on every Muslim to have a pledge of allegiance (Bay'ah) for a Khalifah. Every Muslim must have a Bay'aa to one Khalifah on his or her neck. Muhammad (saaw) clearly states that, "He who dies without a bay'aa dies a death of Jahiliyah." Because the Bay'aa is an oath of allegiance to a Khalif, then the Shariah mandates the Muslims to establish the Khalif as an obligation similar to performing the prayer.

In the famous Hadith reported by Bukhari, Ibnu Maja, Ahmed and Muslim, Abu Hazim narrates, "I accompanied Abu Hurayrah for five years and heard him talking about the Prophet (saaw) saying, 'The prophets ruled over the Children of Israel. Whenever a prophet died, another prophet succeeded him, but there will be no more prophets after me; there will be Khulafaa and they will number many.' They asked, 'What then do you command us?' He (saaw) said, 'Fulfill allegiance to them one after the other and give them their dues, for verily Allah will make them accountable for what He entrusted them with.'" Islam not only establishes the Khilafah as the political system of Islam but also makes the establishment of the Khilafah and the allegiance to a Khalif binding upon the Muslim Ummah.

Islam categorically rejects the existence of multiple rulers presiding over the Muslims. The Prophet (saaw) mentioned that, "When the oath of allegiance has been given for two Khalifs, kill the latter of them (Muslim)," clearly establishing Islam's prohibition of having even two rulers. Based upon this hadith, the very existence of the current multiplicity of regimes ruling over the Muslim lands immediately constitutes a sin and nullifies any of the claims by the regimes as representing Islam.

4. Only the Khalif has the right to adopt Hukm Sharii.

The unanimous consensus of the Prophet's Companions (Ijma'a sahabah) is a proof that only the Khalif can adopt the Hukm Sharii to be implemented by the State. When the Companions selected the next Khalifah, they all pledged total obedience and submitted to his orders willingly. The Imam's decree settles any dispute and must be implemented.

Once consigned to his post, the Khalifah adopts rules that he will implement, and those rules require the complete obedience of the Ummah so long as the rules are derived from the Islamic sources and his methodology for deriving rules conforms to the Islamic method. For a Khalifah to derive his own rules, he must be a Mujtahid capable of performing Ijtihad. A Khalifah who does not possess the qualifications of the Mujtahid cannot adopt his own rules and must follow the Ijtihad of another Mujtahid in implementing the Shariah.

Whenever the Khalifah adopts a rule, he must present his reason for adopting the rule and his methodology for deriving the rule before the Majlis as-Shura. If a conflict arises between the Khalifah and the Shura, then the Court of Unjust Acts must intervene to settle the dispute. Such a mechanism acts, aside from the political parties who continuously oversee the affairs of the Ummah, as a political safety valve to ensure that the Khalifah adopts rules based upon Islam and not for his own personal interests.

As long as the Khalif performs his assigned function by implementing Islam and not implementing Kufr, then the Ummah's obedience is binding. Bukhari, Muslim, Abu Dawood, Al-Nissa, and Ibnu Maja reported on the authority of Abu Huraira that Muhammad (saaw) said, "Whoever obeyed me, he obeyed Allah; whoever disobeyed me, he disobeyed Allah. Whoever obeyed the Amir, he obeyed me, and whoever disobeyed him disobeyed me."

In addition the Qur'an states,

"O you who believe! Obey Allah, and obey the Messenger, and those of you who are in authority [An-Nisa': 59]," clearly establishing the principle that the decisions of the Khalifah are binding upon all Muslims if his rules and orders do not contradict with Islam.

PILLARS OF THE SYSTEM

The principal constituent parts of the Islamic State machinery are:

1) The Head of the State, or the Khalif

2) Delegated Assistant (Muawin Thafweed)

3) Executive Assistant (Muawin Thanfeed)

4) The Administrative system

5) The Governors (Wali)

6)ÿAmir ul Jihad

7) The Judges

8) A Consultative Assembly (Majlis as-Shura)

Unlike the contemporary view, Islam did not leave a void in the political sphere. Muhammad (saaw) established the Islamic State, and from his actions, he left behind a well-defined structure to carry out all the political functions of the State and to enable the Muslim Ummah to implement Islam comprehensively.

Aside from acting as the Ruler, the Prophet (saaw) appointed Abu Bakr (ra) and Umar Bin Al-Khattab as his assistants when he said, "My two ministers from the people of earth are Abu Bakr and Umar (Tirmidi)." The Prophet (saaw) also appointed commanders of Jihad and governors of provinces, such as Muad Bin Jabal as governor of Yemen. Similarly he appointed judges for the people, like Ali Bin Abi Talib (ra).

In order to handle the State's administrative functions the Prophet (saaw) established an organized administrative system and appointed administrators for various departments, such as Hudhayfa Bin Yaman as the administrator of the taxes on the fruits of Hijaz. In addition, the Prophet (saaw) always had a fully-functioning Majlis-as-Shura which he turned to for advice and counseling, though he did not have a formalized consultative forum. He would call upon specific persons on a regular basis to advise him on certain issues, such as Hamza, Abu Bakr, Umar, Ja'far, Ali, Sa'ed Bin Ubaida and Sa'ed Bin Mu'adh (raa).

A comprehensive, in-depth study of the Seerah of the Prophet (saaw) and of the Islamic Shariah reveals that Islam defined the Ruling System in Islam explicitly, describing in concrete terms the specific structure and function of each component and of the entire system. The Muslim Ummah should cast aside the preconceived notions that the Kuffar and the Orientalists have busied themselves in for the last seven centuries to alienate the Ummah from Islam, and approach the Ruling System with seriousness and pride. Muslims should feel proud of their system, as it established justice and tranquility for thirteen centuries, and should strive to build their understanding of Islam in all of its aspects, rather than repeating the attacks of the Kuffar and their agents.

The Structure

1) Khalif

Elected by popular election and has to be given Bayah (contract) to rule by Islam.

The term is for life.

Is bound by Quran & Sunnah of the

Prophet (saaw).

Adopts and enforces Rulings.

Declares Jihad.

Only ONE Khalif for the whole Ummah at one time.

The word Khalifah linguistically means successor in the Arabic language. But, the Shariah of Islam has given us another, more comprehensive definition of the word Khalifah. The Prophet of Allah (saaw) said: "_ there will be no more Prophets after me, only Khulufah_" (Bukhari).

In this Hadith the word Khulufah is not referring to successors, but to the head of the state. The word Khalifah is, therefore, taken to mean that 'man who rules over a people by Islam,' acting as the head of the State.

The Khalif is the head of the State. He is responsible for running the day to day affairs of the State. This includes formulating the internal and external policies of the State. He directs the army to wage war, peace, make treaties. He appoints and dismisses his assistants, governors, and the ambassadors.

The Ummah is to obey the Khalif as long as he applies Islam. The Ummah has the right to dismiss Khalif if he does not apply Islam. There is no term limit for this office, as long as he, the Khalif, upholds the contract to apply Islam.

Generally the Khalif is responsible for everything in the State, because he is the State. His primary duty is to take care of the people. The head of the state is responsible for both the internal and external policies of the State. Thus, he will be the leader of the army, having full authority to initiate war. He selects judges, Amirs and assistants, he meets other heads of state, accepts ambassadors and generally solves the problems of the State.

Caring for the Citizens.

Abu Maryam Azdi relates that he said to Mu'awiah, "If Allah places someone in authority over the Muslims and he puts a barrier between himself and their needs and objects and poverty, Allah will put up a barrier between Himself and his needs and objects and poverty on the Day of Judgment." So Mu'awiah appointed a man to keep a check on the needs of the people. [Abu Dawud & Tirmidhi]

The Khalif should always be in touch with his subjects and should know of their needs, even before they ask. He is responsible for their welfare and this is a great responsibility on him.

Taking Good Advice.

The Prophet (saaw) said, "Allah will forbid Paradise to one whom He appoints in authority over people and he dies while cheating them." [Bukhari & Muslim]

The leader of the Muslim must not cheat his subjects. Instead he must surround the people with good advice. He should also be capable of taking advice, because the Prophet (saaw) said 'Deen is advice.'

During the rule of Khalif Abu Jaffar Mansoor, a man came to him and said, "O Amir of the Believers, you have built a State without precedent, but nevertheless there are three things wrong with your State. Firstly, your state is far from water, secondly, the people like plants and vegetation, but you have none, thirdly, your palace is inundated by your subjects. Hence with your people in your palace you can not take care of the people outside."

Following this complaint Abu Jaffar Mansoor ordered the people to dig two large artificial rivers starting from Daj'la (a large river). He asked them to bring from Abassiah various assortments of plants. In answer to the third complaint he said to the man, "There are no borders between my subjects and I, it is my duty to be available to them."

Thus he accepted the first two criticisms valid, but refused the third, taking it as a duty on him.

Guarding the Public Funds.

The Khalif is not allowed to touch the public finance. He occupies the position like that of an orphan's guardian.

Abu Hamid Sa'idi relates that the Prophet (saaw) appointed a man of Azd, Ibn al-Lutbiyah, as collector of Zakat. When he returned from his assignment he reported, "This and this I have collected as Zakat and that and that are gifts presented to me."

Thereupon the Prophet ascended the pulpit, praised and glorified Allah and said, "I appoint a man among you to carry out some duty in connection with that which Allah has committed to me and he comes back and says: This is yours and that has been presented to me as a gift. If he is telling the truth why did he not sit in the house of his Father or Mother so that his gift should have come to him? By Allah if anyone of you should take anything to which he has no right, he will meet Allah on the Day of Judgment carrying that thing_"

Then he raised his arm so high that the white of his armpits became visible and his supplication went up: "Allah, I have conveyed Your Command." [Bukhari & Muslim]

Khalif Umar bin al Khattab used to examine his governors and see what property they possessed. When one among them said to him, "I did business and earned profit," Umar replied, "We did not send you for doing business."

Khalif Omar ibn Abdul Aziz was so careful not to touch the public's fund that whenever someone would speak to him on a personal matter he would put out the candle acquired from the treasury house and light another candle.

Ruling by Islam

"And rule between them according to what Allah has revealed, and do not follow their opinions, and beware of them lest they confuse you in matters which Allah has revealed to you." [Al-Maidah: 49]

Many more Ayats make it clear that either one submits to Allah and His Messenger (saaw) or one follows Kufr. If the law of Allah is not implemented then the ruler and the State has deviated. The land can no longer be called Dar al Islam (Home of Islam) It is not permissible to mix with Islam any aspect of Kufr, whether it be Kufr laws or Kufr values, practices or concepts. The ruler who deviates from the Hukm Sharii must be removed. Abu Bakr (ra) said, "If I act well obey me, if I falter straighten me," and Umar bin al-Khattab (ra) said, "Those of you who see in me deviation must straighten me."

Adoption of Hukm Sharii

An aspect of the duty of 'taking care' of the subjects is to settle the disputes that may arise between them. As the head of the state he will be confronted with different Islamic opinions in the same question. The Shariah has given the Khalif the right to adopt one of the opinions as a law for the people to implement, because to unify the people is also his duty. Moreover, this is the only way to unify people in an Islamic State.

Naturally, there is no obedience if the Khalif goes out of Islam. Ali (ra) reported that the Messenger of Allah (saaw) said, " There is no obedience in transgression. Verily obedience is in good deeds."

Islam pushes the Khalif very hard to implement only Islam and to unify the Ummah on Islam. The Prophet (saaw) said, "Whosoever brings something not of our affair (Islam) will have it rejected." [Bukhari]

The Process of Selecting a Khalif

The method of installing the Khalifah is through the Bayah. The power to rule by Islam is given by the Ummah to the Khalif. The authority belongs to the Ummah and it deputizes the Khalif to enact the Shariah. This is done through the contract between the Khalif and the Ummah.

Islam has determined the way in which the Khalifah is appointed to be by Bayah. Nafi'a narrates from Ibn 'Umar, who said, "I heard the Messenger of Allah say: He who dies whilst there was no bayah (oath of allegiance) on his neck, he dies a death of Jahiliyyah."

'Ubada ibn as-Samit said, "We took an oath on the Messenger of Allah that we would obey him and listen to him in the time of ease or hardship and we would not dispute the authority from those who have the right to it and that we would stand or say the truth wherever we were, not fearing the blame of anybody for the sake of Allah." And the Hadith that, "If a Bayah is taken for two Khalifas, kill the later of them."

Any Khalifah whom Muslims have chosen and to whom they have given their pledge of their own free will is considered a legitimate Khalifah who must be obeyed.

The Khalifah is the ruler and an executor of the laws of Allah (swt) on behalf of the Ummah. He does not acquire the position but rather the Muslims select him and give him the Bayah. The Khalifah does not have more privileges than any other Muslim citizen and he is not above the Law like the Kings who cannot be tried, rather he is subservient to the laws of Allah (swt) and is liable to be accounted on every act he commits.

The Khalif may be dismissed for the following Islamic reasons:

If he becomes an apostate (becomes a non-Muslim).

If he neglects the prayers and proposes for others to do the same.

If he becomes physically incompetent to handle the duties assigned to him in his contract, which means they interfere with the work of maintaining the State after becoming the Khalifah such as loosing sight, hands, organs both legs,_etc.

If he persists in debauchery and immoral behavior (Fisq), injustice in public behavior, and negligence of the Islamic laws.

If he changes his sex.

If he becomes a captive under the Kuffar, from where he cannot enforce the rulings upon the citizens of the State and freely maintain the operation of the State.

If another person dominates him in his opinion and the Khalifah is unable to exert his own opinion in the process of running the State.

In each of these situations, the case is brought to the highest court of the Islamic State, i.e., the Court of Mathalim (complaints against the State). The judge arbitrates, of course, according to the Quran and Sunnah. The decision made by the Court of Mathalim is binding on both parties. In the cases where there is no doubt of the Khalifah's empowerment, such as becoming a Kafir or implementing any Kufr laws, the Ummah need not go to the Court of Mathalim for a hearing. An automatic dismissal is warranted because the contract of appointment was between two Muslims, the Ummah and a male Muslim.

Adoption of Laws

The Khalifah has the right to adopt Islamic laws, which have room for adoption, i.e., through Ijtihad. He must, therefore, adopt rules which remain within the boundaries of Islam. He may, also, adopt in areas of administrative matters, such as traffic control. As such, he must base his opinions using the Islamic method of deriving rules. This can only be done by a Khalifah who is a Mujtahid (one who is able to directly derive rules from Islamic sources). The Khalifah who is not a Mujtahid is not entitled to adopt rules of Islam, through Ijtihad.

For the Khalifah who has adopted a rule, he must present his reason for adoption and method of adoption to the Majlis Ashura. If there is a conflict between the Majlis Ashura and the Khalifah, the case may be referred to the Courts of Mathalim. That prevents the Khalifah from adopting rules for his own benefit or anyone else's personal benefit, The Khalifah's adoptions are, otherwise, binding upon the whole Ummah and the Khalifah himself. Furthermore, the Khalifah has the responsibility of running the day to day affairs of the State. This includes formulating an internal and external policy for the State, directing the army and deciding when to go to war, make peace, or make treaties with a nation. He has the right to appoint and dismiss his assistants, governors, and the ambassadors to other nations. The Khalifah becomes through all these actions the backbone of the dynamic Islamic State. Without him, the State comes to a standstill and in the process, the rules of Islam cease to be enacted upon this earth. Without him the Ummah remains dismembered from the body and helpless in times of distress. And without the Khalifah, we are lost.

2) The Delegated Assistants

The Delegated Assistants (Muawin Thafweed) are appointed by the Khalifah to assist him in ruling the State. The Delegated Assistants have general responsibility in ruling the State and must be appointed by the Khalifah for this responsibility. The evidence for this appointment is derived from the Hadith of the Prophet (saaw) in which he said, "My two Wazir from the people are Abu Bakr and Umar." (Tirmidhi).

They assist the Khalifah in all affairs of the state, and are considered the right hand men of the Khalif. As an example, the Khalifah may appoint a minister to assist the people of a region who have experienced a natural disaster. Once the assistant has completed this duty, the Khalifah may then appoint him to study the benefits of producing an agricultural crop on a specific area of land, within the State. Such was the case when Abu Bakr appointed Umar as his assistant, and when Umar took Uthman and Ali as his assistants, and when Uthman took Murwan bin Hakm and Ali as his assistants.

These delegated assistants are responsible to the Khalifah and they inform the Khalifah of the matters surrounding them. The assistants are appointed by the Khalifah to carry out the duties that the Khalifah would normally be able to carry out as an head of state. Therefore, they are also rulers and have the same authority as the Khalifah in terms of ruling. Yet, the assistants must inform the Khalifah of their decisions and remain attentive to the Khalifah's own rulings , so as not to create any contradictions of rulings within the state. The delegated assistants, once appointed, manage the affairs of the state, assigned to them, from their own viewpoint and their own Ijtihad, so long as it does not contradict Islam or a ruling which the Khalifah has adopted.

3) The Executive Assistants

To administer the affairs of the State, the Khalifah appoints Executive Assistants (Muawin Thanfeeth) to help him manage. The Executive Assistants execute the rules of the Khalifah and bring feedback.

They act as deputies to the Khalifah in terms of implementing the orders of the Khalifah. Unlike the delegated Assistants they are not given any discretion to solve affairs according to their own understanding. Their job is simply to executive. They act as the link between the Khalifah and the running of the state.

The Executive Assistants inform the Khalifah of the important news and to notify the public of the rulings of the Khalifah. Incorporated within these roles are the appointments of position holders, preparing forces, informing the Khalifah of the current situations and disasters and then obtaining the ruling for the incident from the Khalifah and then administering the execution of those commands. Consequently, it can be said that the Khalifah is the one who adopts the rules and, therefore, needs an administrative apparatus to implement them. So the function of the executing assistant is purely administrative and does not overlap into the boundaries of the Hukm Sharii.

4) Administrative System

The administrative system is the body of the people which executes the Islamic State's orders upon the citizens and manages the State's affairs. Since the Islamic State must implement the Shariah' upon all of its citizen, it becomes necessary to have an administrative system to accomplish this.

The administrative system is that it deals with the aspects of permissible (Mubah) actions accorded by Islam. In essence, all those actions for which the human is neither punished nor rewarded. The administrative system is that body of people which executes the Islamic State's orders upon the citizens and manages the Islamic State's affairs.

As a matter of fact, an elaborate yet efficient system must be developed for the proper implementation of Islam. The administrative body executes the rule of the Hakm (ruler) and brings feedback to him about the assignment they were given. As examples, the motor vehicle department would be part of the administrative body, Zakah collection forms would be introduced (similar to today's income tax forms) for proper management of Zakah, an administrative department would be setup for marriage and divorce, an administrative department would be setup for the proper management of the Masjids in the Islamic State, various administrative departments would be designed for providing utility services to the citizens, etc.

5) The Governors (Walis)

The Walis are appointed by the Khalif. They have the authority to govern and supervise the performance of the department in his province in his capacity as the deputy of the Khalifah. The Wali can be dismissed by the Khalif.

The Khalifah has the responsibility of supervision over the entire Ummah, through the body of the state. Islam then carves smaller areas of supervision and responsibilities, called the Wilayat or Provinces. For these regions the supervision and responsibility is deputized by the Khalifah to a Wali (Governor).

The authority of the Khalifah permits him to deputize a Wali to a specific area of function where he carries out the functions of ruling. Therefore, a Wali is classified as a ruler. Nevertheless, the authority is always with the Khalifah signifying the fact that the power is centralized.

The appointment of the Wali is carried out by the Khalifah. The appointment is given by the Khalifah on the provision that the Wali rule within his jurisdiction by Islam and not venture, at anytime, to usurp the power of the Khalifah. The Wali remains subservient to the Khalifah in terms of command. As a matter of fact, the Wali is appointed to just assist the Khalifah in his responsibility to implement Islam upon the citizens of the state.

6) Amir ul Jihad

The directorates of the Amir ul Jihad consist of four departments:

a) External Affairs

b) The Military

c) The Internal Security

d) The Industry

The Function of the Army

One of the functions of the army, in Islam, is to fulfill the obligation of carrying Islam to the rest of the world. This is done by removing any political barrier standing in the way of presenting Islam to the people. Jihad is impossible, practically, without an organized military machine. Therefore, the Islamic state must form an army capable of offensive attacks.

The army is an integral part of delivering the message of Islam to the world. Its people must, therefore, be highly educated in Islam, and with strong Iman. The army must place emphasis on building people with these qualities. The army is to lead the Islamic state in becoming the super power of the world, Insh'Allah.

7) Judiciary

The Shariah becomes the backbone of a Muslim's life, as an individual and as a member of his society. His every action is based upon the commands of Allah (swt). The society as a whole governs itself through this Shariah.

The judicial system in Islam is solely based on the Shariah'. It is organized to settle the disputes among the people of the state, to protect the society's rights, and to settle disputes arising between the rulers and the rest of the Ummah. It is the judge (Qadi) who performs the act of resolving the above disputes, by strictly following the guidelines prescribed by Allah (swt).

The judges, in the judicial system of Islam, are divided into three categories:

a) Judges who settle the disputes arising among the people in transactions and punishments.

b) Judges of Hisba'; settling dispute of the community rights

c) Judges who settle disputes between the people and the officials of the State, including the Khalifah.

8) Majlis as Shura'

Four functions:

a) Limit the nominees for the Khalifah to insure quick selection. Time limit is 3 days.

b) Discuss and scrutinize the Constitution for Islamicity for both the existing and newly adopted articles.

c) Make the Khalif change the Governors.

Monitor complaints from the Ummah on their Governors. Question the Khalif, his Assistants & Governors.

d) Discuss the internal affairs of the State. Development and conditions of the Ummah.

Recommended Reading:

Nidhamul Hukm fil Islam (The Ruling system of Islam)

Shaikh Taqiuddin An-Nabhani & Abdul Qadeem Zalloum

Al-Khilafah Publications.

Islamic Revival Homepage

http://islampages.cjb.net

http://pzq.cjb.net

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