Islam's Political System Al-Khilafah

Islam's Political SystemAl-Khilafah

Evidences & ConceptualUnderstanding

THE FARD (OBLIGATION) OF AL-KHILAFAH

Evidences from Quran

● "So rule between them by that which Allah has revealed, and follow not their desires, but beware of them in case they seduce you from just some part of that which Allah has revealed to you" (TMQ Al-Ma’idah: 49).

● "But no, by your Lord, they will not have Eeman until they make you (O Prophet) rule between them in that wich they dispute, and they find in their souls no resistance against your decisions, but accept them with the fullest conviction" (TMQ An-Nisa: 65)

● "Indeed, we have revealed to you the book with the truth so that you may rule between mankind by that which Allah has shown you" (TMQ An-Nisa:105).

● "Whosoever does not rule by that which Allah has revealed, they are disbelievers (Kafiroon).....the thaalimoon (oppressors)....the fasiqoon (evil doers)" (TMQ Al-Ma’idah: 44-47)

● Etc.,

Evidences from Ahadith

● Imam Muslim narrated from Abu Hazim who said:– I was with Abu Hurairah for five years and I heard him narrate from the Prophet (SAW) that he said:

"The Prophets used to rule Bani Israel. Whenever a prophet died another prophet succeeded him, but there will be no prophets after me; instead there will be Khulafaa' (Khalifahs) and they will number many". They asked: what then do you order us? He said: "fulfil allegiance to them one after the other. Give them their dues. Verily Allah will ask them about what he entrusted them with".

● Imam Muslim narrated from Abdullah bin 'Umar who said that the Prophet (saw) said,– "One who dies without having bound himself by an oath of allegiance (to a Khalifah) will die the

death of one belonging to the days of ignorance (Jahiliyah)".

● Ahmed and Ibn abi 'Asim narrated that the Prophet (saw) said,– "Whosoever dies and he does not have over him an Imaam, he dies the death of Jahilyyah".

Evidences from Sahabah (r.a.)

● Ali ibn abi Taalib (r.a.) said, "The people will not be straightened except by an Imaam (Khaleefah), whether he is good or bad". (Bayhaqi, No. 14286, Kanz ul-ummal)

● Abdullah ibn 'Umar (r.a.) said "The people in the Ummah will not suffer even if they were oppressors and sinful if the rulers were guided and were guiding. But the people in the Ummah will suffer and perish even if they were guided and were guiding if the rulers were oppressors and sinful". (Abu Nu'aim narrated in 'Hulayat Awliyyah.)

● 'Umar ibn al-Khattab (r.a.) said, "There is no Islam without a community, and there is no community without a leadership, and there is no authoruty without hearing and obeying".

Ijma at the time of Umar's (r.a.) death

● When Umar bin al-Khattab (r.a.) was close to death he nominated the six people among the companions. The six included Uthman, Ali and Abdul Rahman bin Awf (may Allah be pleased with them). Omar decreed that if agreement on the choice of Khalif was not reached within three days the one whodisagrees should be beheaded after the three day.

● No one disputed this order, even though to kill someone without just cause is haram. And these six were not just anyone; they were the best of the companions who had been promised paradise.

● The agreement of the companions on this order is therefore an Islamic evidence for us that the Muslims are forbidden to be without a Khalif for more than three days

Evidences from Ulema● Imam al-Qurtubi said in his Tafseer of the verse, "Indeed, man is made upon this earth a Khaleefah" (TMQ 2:30)

that:– "Haatheeh il-Aayatu asalun fee nasabi Imaamin wa Khaleefatin, yosma'oo lahu wa yotaa'u li-tajtami'i bihi il-kalimatih, wa

tonaffithu bihi ahkaam il-Khaleefah, wa laa khalaafu fee wajoobi thalik bayna al-Ummati wa laa bayn al-a'immah, illa maa rawaya 'an il-Asam al-Mu'tazzili..."

– "This Ayah is a source in the selection of an Imaam, and a Khaleefah, he is listened to and he is obeyed, for the word is united through him, and the Ahkam (laws) of the Khaleefah are implemented through him, and there is no difference regarding the obligation of that between the Ummah, nor between the Imams except what is narrated about al-Asam, the Mu'tazzili (a deviant group)...". (Tafseer ul-Qurtubi 264/1.)

● Imam al-Qurturbi (rh.a.) also said, "The Khilafah is the pillar upon which other pillars rest".

● Imam an-Nawawi (rh.a.) said, – "Ijma'oo 'alaa annahu yajib 'alal-Muslimeena nasabun Khaleefah".

– "(The scholars) consented that it is an obligation upon the Muslims to select a Khaleefah".

– (Sharhu Sahih Muslim page 205 vol 12)

● Imaam al-Ghazali (rh.a.) when writing of the potential consequences of losing the Khilafah said,– "The judges will be suspeneded, the Wilayaat (provinces) will be nullified, ... the decrees of those in authority will not be

executed and all the people will be on the verge of Haraam". (al Iqtisaad fil Itiqaad page 240.)

Evidences from Ulema● Ibn Taymiyyah (rh.a.) said,

– "It is obligatory to know that the office in charge of commanding over the people (ie: the Khilafah post) is one of the greatest obligations of the Deen. In fact, their is no establishment of the Deen except by it....this is the opinion of the salaf, such as al-Fadl ibn 'Iyaad, Ahmed ibn Hanbal and others". (Siyaasah Shariyyah - chapter: 'The obligation of adherence to the leadership'.)

● Imam abu ul-Hasan al-Mawardi (rh.a.) said,– "The contract of the Imamah (leadership) for whoever is standing with it, is an obligation by Ijmaa'a (consensus)". (al-

Ahkam us-Sultaniyyah [Arabic] p 56.)

● Imam Ahmed (rh.a.) said:– "The Fitna (mischief and tribuulations) occurs when there is no Imaam established over the affairs of the people".

● Abu Hafs Umar al-Nasafi (rh.a.) a noted scholar of the 6th century Hijri states;– "The Muslims simply must have an Imam (Khaleefah), who will execute the rules, establish the Hudud (penal system),

defend the frontiers, equip the armies, collect Zakah, punish those who rebel (against the state) and those who spy and highwaymen, establish Jum'ah and the two 'Eids, settle the dispute among the servants (of Allah), accept the testimony of witnesses in matters of legal rights, give in marriage the young and the poor who have no family, and distribute the booty".

Evidences from Ulema

● Imam Al-Juzayri, an expert on the Fiqh of the four great schools of thought said regarding the four Imams, – "The Imams (scholars of the four schools of thought- Shafi'i, Hanafi, Maliki,

Hanbali)- may Allah have mercy on them- agree that the Imamah (Leadership) is an obligation, and that the Muslims must appoint an Imam who would implement the deen's rites, and give the oppressed justice against the oppressors". ("Fiqh ul-Mathahib ul- Arba'a" [the Fiqh of the four schools of thought], volume 5, page 416.)

● Imam al-Haythami said,– "It is known that the Sahabah (r.a.h) consented that selecting the Imaam after the

end of the era of Prophethood was an obligation (Wajib). Indeed they made it (more) important than the (other) obligations whilst they were busy with it over the burial of the Prophet (saw)". (al-Haythami in Sawaa'iq ul-haraqah:17.)

THE OBLIGATION OF THERE BEING ONLY ONE KHALIFAH FOR THE ENTIRE MUSLIM

UMMAH:

Evidences from Ahadith

● In the ahadeeth of the beloved Prophet (saw)– The Prophet (saw) said: "When the oath of allegiance has

been taken for two Khalifs, kill the latter of them". (Narrated in Sahih Muslim by Sa'id al-Khudri)

● The Prophet (saw) also said: – "Whoso comes to you while your affairs has been united

under one man, intending to break your strength or dissolve your unity, kill him." (Narrated in Sahih Muslim by 'Arfajah)

Ijma'a (consensus) of the Sahabah (r.a.)

● It is in the books of "As-Sirah" of Ibnu Kathir, "Tarikh ut-Tabari" by at-Tabari, "Siratu Ibn Hisham" by Ibn Hisham, "As-Sunan ul-Kubra" of Bayhaqi, "Al-fasil-fil Milal" by Ibnu Hazim and "Al-A'kd Al-Farid" of Al-Waqidi, that Al-Habbab Ibn ul-Munthir said when the Sahaba met in the wake of the death of the Prophet (SAW) (at the thaqifa hall) of Bani Sa'ida:

● "Let there be one Amir from us and one Amir from you (meaning one from the Ansar and one from the Mohajireen)". Upon this Abu Bakr replied: "It is forbidden for Muslims to have two Amirs (rulers)..." Then he got up and addressed the Muslims.

● It has additionally been reported in "as-Sirah" of Ibnu Ishaq that Abu Bakr went on to say on the day of Thaqifa: "It is forbidden for Muslims to have two Amirs for this would cause differences in their affairs and concepts, their unity would be divided and disputes would break out amongst them. The Sunnah would then be abandoned, the bida'a (innovations) would spread and Fitna would grow, and that is in no one's interests".

● The Sahabah (ra) agreed to this and selected Abu Bakr (ra) as their first Khalifah. Habbab ibn Mundhir (ra) who suggested the idea of two Ameers corrected himself and was the first to give Abu Bakr the Baya'a (pledge of allegiance). This indicates an Ijma'a of all of the Sahabah (ra) and thus is a divine source for us. Ali ibni abi Talib(ra), who was attending the body of the Prophet (saw) at the time, also consented to this.

Evidences from Ulema● Imam ash-Shawkaani wrote in his book "Tafseer al-Qur'an al-Atheem", volume 2, page 215: "It is

known from Islam by necessity (bi-dharoorah - i.e.: like prayer and fasting) that Islam has forbidden division amongst Muslims and the segregation of their land".

● The well renowned Imam Hassan Al-Mawardi(ra) in his book "Al-ahkam Al-Sultaniyah" page 9 says: "It is forbidden for the Ummah to have two Imams (leaders) at the same time."

● Imam An-Nawawi in his book "Mughni Al-Muhtaj", volume 4, page 132 says: "It is forbidden to give an oath to two Imams or more, even in different parts of the world and even if they are far apart".

● He also stated in his book, "Sharhu Sahih Muslim" (explanation of Sahih Muslim) chapter 12 page 231, "If a baya'a were taken for two Khalifahs one after the other, the baya'a of the first one would be valid and it should be fulfilled and honoured whereas the baya'a of the second would be invalid, and it would be forbidden to honour it. This is the right opinion which the majority of scholars follow, and they agree that it would be forbidden to appoint two Khalifah's at one given time, no matter how great and extended the Islamic lands become".

●

Evidences from Ulema

● The Imam Ibnu Hazm in his book "Al-Muhalla", volume 4, page 360 says: "It is unlawful to have more than one Imam in the whole of the world".

● Al-Imam Al-Juzieri, an expert on the Fiqh of the four great schools of thought said regarding the four Imams, "...It is forbidden for Muslims to have two Imams in the world whether in agreement or discord." From: "Fiqh ul-Mathahib ul- Arba'a" (the fiqh of the four schools of thought), volume 5, page 416.

Promises for Khilafah

Quran and Sunnah

● "Allah has promised those amongst you who believe and work righteous deeds, that he will indeed grant them inheritance of power in the earth, as he granted it to those before them; that he will establish in authority their Deen, which he has chosen for them, and that he will change their state from a state of fear into a state of security and peace. They will worship me alone and not associate partners with me, and those who reject faith after this, they will be the rebellious and the wicked" TMQ (an-Noor :55)

● Imam Ahmed ibn Hanbal extracted that Huthayfah said the Messenger of Allah (saw) said:"The Prophecy will remain amongst you as long as Allah wills, then Allah will lift it when he wishes, then it will be a Khilafah Rashidah (i.e.: The first four Khalifahs) on the method of the Prophecy, it will remain for as long as Allah wills, then he will lift it when he wills, then it will be a hereditary leadership (i.e.: the Abbasid and Ummayid dynasties etc.) for as long as Allah wills then he will lift it when he so wills. Then there will be a tyrannical rule (i.e.: all the current Kufr regimes of the Muslims) for as long as Allah wills, then he will lift it when he so wills, then there will be a Khilafah Rashidah on the method of the Prophecy, then he kept silent."

● (Musnad Imam Ahmed 4/273)

Ahadith

● and concerning the liberation of Masjid al-Aqsa from the Jews, the Prophet (saw) said,●

● "Two Hijrah's will take place, and the latter will be to the place where your father Ibrahim may peace be upon him had immigrated (i.e.: Palestine)"

● Note: Hijrah occurs when Muslims emigrate from Kufr lands to the Islamic state.●

● Imam Ahmed reported in his Musnad (5/35) that the Messenger (saw) said:● "If the people of as-sham (Palestine, Lebanon, Jordan, Syria) went astray then there would

be no goodness amongst you, but however there will continue to be a group supported from my ummah, and they will not be bothered by those who disapproved until the day of Judgement".

Some More Relevant Evidences

Quran● 'Have you (O Muhammad) seen him who has taken as his ilah (god) his own desire (Hawah)?

Would you then be a Wakil (disposer of his affairs) over him? Or do you think that most of them hear or understand? They are only like cattle; nay, they are even farther astray from the Path'.[TMQ: Al-Furqan: 43]

● “Never will the Jews nor the Christians be pleased with you (O Muhammad [saw]) till you follow their religion. Say: Verily, the guidance of Allah that is the only guidance. And if you (O Muhammad [saw]) were to follow their (Jews and Christians) desires after what you have received of the Knowledge, then you would have against Allah neither any Wali (protector) nor any helper.” [Al-Baqarah: 120]

● “Whatever the Messenger brought to you take it, and whatever he forbade you, leave it.” [TMQ: Al-Hashr: 7]

● “And We have sent down to you the Book (the Qur'an) as an exposition of everything, a guidance, a mercy, and glad tidings to those who have submitted themselves to Allah.” [TMQ: An-Nahl: 89]

Quran

● “It is not fitting for a believer, man or woman, when a matter has been decided by Allah and his Messenger, to have any option about their decision.” [TMQ: Al-Ahzab: 36]

● “This day, I have perfected your religion for you, completed My Favour upon you, and chosen for you Islam as your way of life (Deen).” [TMQ: Ma’idah: 3]

● “And so judge (you O Muhammad) between them by what Allah has revealed and follow not their vain desires, but beware of them lest they turn you far away from the some of that which Allah has sent down to you. ” [TMQ: Al- Ma’idah: 48]

● “And beware that they might divert you away from anything that Allah has revealed to you” [TMQ: Al-Ma’idah: 49]

● “Do they then seek the judgement of (the Days of) Ignorance (Jahiliyyah)? And who is better in judgement than Allah for a people who have firm belief ?” [TMQ: Al-Ma’idah: 50]

Quran

● And let those who oppose the Messenger's commandment beware, lest some affliction befall them or a painful torment be inflicted on them.” [TMQ: An-Nur: 63]

● “Indeed, judgement (Hukm) is only for Allah” [TMQ: Al-Anam: 75]

● “Whatever it be wherein you differ, the decision thereof is with Allah.” [TMQ: Ash-Shura: 10]

● “Nothing We have omitted from the Book.” [TMQ: Al-Anam: 38]

Quran

● “Have you seen those (hypocrites) who claim that they believe in that which has been sent down to you, and that which has been sent down before you, and they wish to go for judgement (in their disputes) to the Taghut (false judges) while they have been ordered to reject them? But Shaytan wishes to lead them far astray” [TMQ: An-Nisa: 60]

● And whoever contradicts and opposes the Messenger after the right path has been shown clearly to him, and follows other than the believers' way. We shall keep him in the path he has chosen, and burn him in Hell - what an evil destination.” [TMQ: An-Nisa: 115]

Ahadith

● Messenger of Allah said in the Hadeeth narrated by Bukhari– Whosoever does an action and it is not from our matter/Deen then it is rejected.

● Narrated by Muslim that the Prophet said– Indeed I am only a human being like you. When I order you to do something from

the matter of your Deen then take it. And when I order you about a thing from the matters of the world, I am but a human being.

● It is narrated on the authority of 'Abd Allah b. 'Amr, who said: “I heard the Messenger of Allah say: – “He who pledged his Bai’ah to an Imam giving him the clasp of his hand and the

fruit of his heart shall obey him as long as he can, and if another comes to dispute with him, you must strike the neck of that man.”'

Ahadith

● It is narrated by Ibn 'Abbas, who said that the Messenger of Allah said:– 'If anybody sees in his Amir something which displeases him, he should remain patient, for he who

separates himself from the authority of Islam (Sultan) by even so much as a handspan and dies thereupon, he dies the death of the days of ignorance.'

● Ubaadah b. as-Saamit regarding Bai’ah, which said that:– “The Messenger of Allah invited us so we pledged our Bai’ah to him to hear and to obey, in weal and

woe, in ease and in hardship and evil circumstances and that we would not dispute with the people in authority, unless you witness flagrant Kufr of which you have a conclusive proof from Allah.”

● Abdullah bin Omar reported: “I heard the Messenger of Allah say:– ‘Whoso takes off his hand from allegience (baya) to Allahwill meet him on the ressurrection day

without having any proof for him, and whoso dies while there was no allegiance on his neck dies a death of the days of ignorance (jahiliyyah).”’ [Muslim]

Ahadith

● Umm 'Atiyyah narrated on the authority of Abu Sa'eed who said that the Messenger of Allah said: – “The best jihad is the word of truth spoken to a tyrant ruler.”

●

● And Abu Umaamah narrated that the Messenger of Allah answered the one who asked in him in Aqaba:“Which Jihaad is the best O Messenger

● of Allah ?” He said:– ‘a word of truth spoken to a tyrant ruler.’”

● He also said– “The master of martyrs is Hamza, and a man who stood up to a tyrant ruler to

advise him and was killed.”

Ahadith

● Hisham bin Urwareported on the authority of Abey Saleh on the authority of Abu Hurarahthat the Prophet said:– "Leaders will take charge of you after me, there the pious (one) will lead you with his piety and

the impious with his impiety, so listen to them and obey them in everything which conforms with the truth. If they acted rightly it is to your credit, and if they acted wrongly it is counted for you and against them." [Al Mawerdy]

● Muslim reported on the authority of al-Araj on the authority of Abu Hurarahthat the Prophet said:– "Behold, the imam is but a shield from behind which the people fight and by which they protect

themselves."

● Abdullah ibn Abbasreported that the Prophet said: – "If anyone sees in his amir something that displeases him let him remain patient, for behold! He

who separates himself from the sultan (authority of islam) by even so much as a hand spand and dies thereupon he has dies the death of jahilyyah (days of ignorance)." [Al-Bukhari and Muslim.]

Ahadith

● Auf bin Malik al Ash'jayi reported on the authority of Muslim that the Prophet said: – "The best of your imams (leaders) are those whom you love and they love you and who pray for you and you

pray for them, and the worst of your imams are those whom you hate and they hate you and you curse them and they curse you. We asked: o messenger of allah, shall we not then declare war on them. He said: no, as long as they establish prayer among you." [Muslim]

●

● Abu Said al Khudri reported that the Prophet said:– "When oath of allegiance (Baya) has been taken for two khalifs, kill the latter of them." [Muslim]

●

● Abdullah bin Amr bin al-Ass reported that the Prophe said:– "Whoso pledged allegaince (baya) to an imam giving him he clasp of his hand and the fruit of his heart shall

obey him as long as he can. If another comes to dispute with him, you must strike the neck of that man." [Muslim]

● Arfajareported that the Messenger of Allah said:– "Whoso comes to you, while your affair has been united under one man, intending to divide your staff or

dissolve your unity, kill him." [Muslim]

Conceptual Understanding to address Thinking

Ideology: Creed and Systems

Systems

Creed

Every Ideology has a set of fundamental concepts known as “Creed” from which specific Systems emanate


Economicsystem

Economicsystem

Judicialsystem

Judicialsystem

ForeignPolicy

ForeignPolicy

Socialsystem

Socialsystem

EducationPolicy

EducationPolicy

Rulingsystem

Rulingsystem

CreedCreed

There are six systems emanating from the Creed

Creed: A comprehensive idea about life and what is beyond it

After LifeMan, Life, UniverseBefore Life

Relationship

A comprehensive thought must answer following questions What is man, life and the universe? Where did life come from (What is before life)? What happens after death (What is after life)? What is man’s purpose in life (What is the relationship of this life with that which preceded it)? What is man’s motivation to fulfil his purpose in life (What is the relationship of this life with

whatever is after life)?

Relationship

Secularism

One canbelieve in life(s)

after deathMan, Life, UniverseOne can believe

In a Creator(s)

Secularism professes the following concepts Instead of arriving at a conclusion based on enlightened thinking regarding the existence of a Creator,

the idea of secularism advocates a compromise. Hence one can believe in the existence of a Creator and the Hereafter if he wants or reject it altogether.

They refuse to accept any role of the “Creator” in life affairs even if He exists. Man’s purpose in life, his motivation to carry out actions, his behaviour with others and himself would

be defined by man himself rather than the Creator. The people’s representatives would decide, based on majority, as to how the society should organize

its affairs; how should people carry out economic, ruling and social transactions etc. Lawmakers should legislate upholding freedom, equalities and national interest.

Islamic Aqeedah

Day of JudgmentHeaven, Hell

Man, Life, UniverseAllah

Accountability

Commands of Allah

Islamic Aqeedah is based on enlightened thought Islam requires its followers to answer these basic questions using ration and intellect. Hence the existence of the creator is proven with definite evidence, so is the proof of Qur’an being

the word of the Creator. Messengership of Muhammad (saw) follows from the proof of Qur’an According to Islamic Aqeedah Allah has given us clear guidance as to what is Man’s purpose of Life

and what should be his motivation to fulfil it. Man’s purpose in life is to worship Allah by following His commands in all aspects of life, which He

revealed through His messenger Muhammad (saw) in the Qur’an and in his (saw) Sunnah. Man’s motivation to follow Allah’s commands is the knowledge that he would be accounted on the

Day of Judgement. A Muslim seeks the pleasure of Allah and strives for eternal paradise whilst saving himself from Allah’s displeasure and Hellfire.

Capitalism: Extracting Systems from Creed

Secularism

Freedoms & Equalities Morality Interest & benefit

Economic Ruling Social Judicial EducationForeignPolicy

Majority

Islam: Sources of Legislation

Aqeedah

Qur’an(Nass)

Sunnah(Nass)

Ijma us-Sahaba

Qiyas

The primary sources of Legislation are:

Qur’an Sunnah

There are two other sources indicated by the primary sources

Ijma us-Sahaba Qiyas with ‘illa Shariya

Evidences1. Ijtihad is derived from the root word Jahada. Linguistically, it means striving or self exertion in any activity which

entails a measure of hardship. As a juristic term, Ijtihad is the process of extracting Sharai Hukam from the sources of Shari’ah by exhausting all of one’s efforts in studying the problem at hand thoroughly along with the related Shari Text. This is an utter misconception that Ijtihad is to pass a judgment purely based on Aql (mind) assuming that Qurn’an and Sunnah offer no ruling/solution for the issue at hand. The Prophet (SAW) said: “Allah does not remove the ‘Ilm after it was given to you, rather the ‘Ilm would be removed with the death of the ‘Ulema. Then some people, who are ignorant, will start giving their Ra’ee based on their desires and they are misled and will lead the Ummah astray.” (Bukhari & Ahmad) He (SAW) also said: “My Ummah will be divided into 70 something sects. The worst group will be those who will start taking the Deen from their Aql.” (Al Darami) He (SAW) also said, “He who adopts an opinion based on his Aql, he will reserve for himself a place in the hell-fire.” (Bukhari & Muslim) These Ahadith are clearly referring to the person who adopts opinions or gives Fatwa based on his Aql without any evidence from the Shari’ah. Furthermore, Qur’an and Sunnah are not silent on ANY issue concerning man’s life as is claimed by the Qur’an itself. “We have revealed to you the Book as a clarification for all matters.” The Messenger of Allah (saw) said: “He who generates in our order (deen) something that is alien to it, it must be rejected.”(Muslim) The Messenger of Allah (saw) said: “The Hour shall not come until my Ummah follows the ways of the nations before her, hand span to hand span and arm length to arm length”. Upon this they asked: “Such as the Persians and the Romans?” He (saw) replied: “Who else among people but them?” (Bukhari) This is clear prohibition to take anything related to systems and organizations of relationship of man with his Creator, fellow human beings and himself from any other ideology, religion or philosophy. But this restriction doesn’t apply to science and technology as discussed in the noble Hadith of pollination of dates in which the Prophet (sallAllaho alayhi wasallam) said: “You are better acquainted with your worldly affairs”. Imam Muslim has also reported this hadith from the Prophet (sallAllaho alayhi wasallam): “I am but a human like you. Hence, if I ordered you something related to your Deen’s affairs, do take it and if I ordered you something related to your worldly affairs, then I am only human”. Here, the “Deen’s affairs” refers to economy, ruling, judiciary, etc. Whilst the “worldly affairs” refers to science and technology, such as the aforementioned case regarding the augmentation of dates.

Islam: Extracting Systems from Creed

Aqeedah

Qur’an Sunnah Ijma us-Sahaba Qiyas


Ijtihad 1

(Only for Zanni text)


Every Ideology organizes three relationship of man

Man with Creator Man with Man Man with himself

Creator

Man Man

Ibadat

Muamilat

Akhlaq

Relationship with the Creator

Praying Fasting Hajj Zakat Tahajud Recitation of Qur’an Nawafil

Creator

Man

Ibadat

Relationship with other Human Beings

Man Man

Mu’amilat(In private and in Public)

Husband and wife (Nikah) Buyer and seller Ruler and Ruled Ahkamaat related to Partnership Prohibition of forcibly converting

non-Muslims Not killing women and children

during Jihad Pacts and treaties Prohibition of owning public

property Taxation Dress Code in public Rules related to inheritance and

Custody

Relationship with oneself

Personal Cleanliness Rulers related to Clothing Ahkam related to foodstuff The way to cut ones nails, hair etc. Putting on perfume Akhlaq (Harsh, Proud, Humble) Honesty Being careless or responsible

Man

Rules related to •Malboosat (dress code)•Mat’omat (foodstuff)•Akhlaqiyat (morals)

Evidences1. Allah (SWT) says in Qur’an "Behold! In the creation of the heavens and the earth, and the alteration of

night and day, these are indeed signs for men of understanding." [TMQ - 3:190] And in Surat Ar-Rum, "And of His signs is the creation of the heavens and the earth, and the difference of your languages and colours. Lo! herein indeed are signs for men of knowledge." [TMQ - 30:22] And in Surat Al-Ghashiya, "Will they not look at the Camels, how they are created! And the heaven, how it is raised! And the mountains, how they are set up! And the earth, how it is spread!" [TMQ - 88:17-20] And in Surat Al-Tariq, "So let man reflect from what he is created. He is created from a gushing fluid, that is issued from between the loins and ribs." [TMQ - 86:5-7] And in Surat Al-Baqara, "Lo in the creation of the heavens and the earth, and the difference of night and day, and the ships which run upon the sea with that which is of use to men, and the water which Allah sends down from the sky, thereby reviving the earth after its death, and dispersing all kinds of beasts therein, and in the ordinance of the winds, and the clouds obedient between heaven and earth are signs (of Allah's sovereignty) for people who have sense." [TMQ - 2:164] In addition, there are so many Ayat that call upon man to ponder deeply upon things and their surroundings and that which is related to them, so that his belief in Allah is firmly established through reason and clear evidence.


Khilafah Capitalism Islam obliges the Muslim to use his

mind to believe in Allah and forbids imitation in Aqeedah.

Islam calls to look deeply in the universe to understand its law and to be guided to the belief in the existence of a Creator 1

Secularism is not based on mind rather it is built on a compromise between the Clergy and the Philosophers

Instead of coming up with a rationally correct conclusion of the questions secularism compels man not to discuss the issue that if there is a Creator and does He have any relationship with this life, rather settles it by finding a middle path in the form of a compromised solution

Hence Islam trains a Muslim to always look for the correct solution irrespective of the odds against him and not to compromise on principles for perceived worldly benefits. This produces a society with high moral values seeking the truth (Haq)

Capitalism guides its adherents to seek a compromised solution in their life’s affairs as well, rather than the correct solution. This is why we hear quite frequently the phrase “lesser of the two evils” in all Capitalist states.

The correctness of any Ideology is gauged by it’s creed since it the creed from which all the systems emanate and it is the creed which provides the intellectual basis on which all thoughts are build. Islamic Aqeedah is the only correct creed since it is the only creed which convinces the mind

Evidences1. When deriving Islamic economic, ruling system etc, we should limit ourselves only to the Shari sources like

Qur’an, Sunnah, Ijmah-us-Sahaba and Qiyas and should not accept any law from any other religion or ideology such as Socialism or Capitalism etc. by saying that Islam is silent upon this matter. Allah (subhanahu wa ta’ala) says in the Holy Qur’an: “We have revealed to you the Book as a clarification for all matters.” And Rasululllah (sallAllaho alayhi wasallam) said: “Whosoever introduces into our matter (deen) a matter (law) that is not from this matter (deen), then this (law) is rejected.” And he (sallAllaho alayhi wasallam) said, “Whosoever undertakes an action that is not from our matter, then this (action) is rejected.”

2. As far as technologies and tangible objects are concerned, their nature is different from the laws and systems. Hence, sharia’h allows their use and adoption from any people unless it violates the limits laid down by the Sharia’h e.g. the use of airplanes is allowed, whilst the cloning of humans is rejected due to it conflicting with the Qur’an, but cloning is permitted in plants and animals. Ordinarily technology and objects are not specific to any ideology or religion, but if this were so then their adoption is also Haram, as is the case with idols and the cross. We find the evidence for this principle from the famous Hadith regarding the augmentation of dates in which the Prophet (sallAllaho alayhi wasallam) said: “You are better acquainted with your worldly affairs”. Imam Muslim has also reported this hadith from the Prophet (sallAllaho alayhi wasallam): “I am but a human like you. Hence, if I ordered you something related to your Deen’s affairs, do take it and if I ordered you something related to your worldly affairs, then I am only human”. Here, the “Deen’s affairs” refers to economy, ruling, judiciary, in short all aspects related to man’s relationship with his Creator, fellow human beings and himself. Whilst the “worldly affairs” refers to science and technology, such as the aforementioned case regarding the augmentation of dates

Adopting from other Ideologies and Civilizations

There is a difference between the thoughts related to Aqeedah matters i.e. doctrines and Shari’ah rules, and the thoughts related to sciences, techniques, industries and the like

We are not allowed to take Aqeedah matters as well as laws and principles related to systems and view point towards life from any other system, ideology or civilization. Thoughts such as democracy, privatization of public resources, freedom of expression etc are not to be taken as Allah has given us clear and precise Shari’ah rules in all the above matters.1

We can adopt administrative means and styles as Umar (ra) adopted the system of Diwan from the Romans

We are allowed to adopt and learn anything related to science and technology or use tangible objects such as tanks, airplanes etc. as long as it doesn’t contradict Shai’ah rules2

Process of legislation

Ruling System:

Process of decision making in a household

1Should the children

Drink alcohol

In a Home

2Which Cardiologist should the mother

be taken to

3Where should the family spend thesummer vacation

Ruling System:

Process of decision making in a household

Question # 1: The matter is not up for debate or discussion. Allah has already decreed alcohol to be Haram. Hence it is unlawful for the father to ask family members opinion for allowing or disallowing it

Question # 2: The father can take suggestions from the members of the family who are knowledgeable as Allah has made this matter Mubah for us to chose. Hence the father can take suggestions from his Doctor son or her educated daughter. But he would avoid discussing the matter with his un-educated son or his young child who don’t have substantial knowledge in the issue. After this consultation he reserves the right to make a decision what he feel is good for the family

Question # 3: In this matter the father can have a voting and follow the majority decision. As every member is capable of making this simple decision and Allah has allowed Muslims to chose any halal recreation

Ruling System:

Process of decision making in a State

Legislative DecisionMaking

Mubah Issues

Mubah Issuesin which Ummah’s

representativesare generally

knowledgeable

Mubah Issues which

need expertise and insight

In a State

Ruling System:



Ruling System:

Legislative Decision making Khilafah Democracy

No one is allowed to legislate except Allah1

Allah’s laws are automatically the law of the land. Khaleefah does not have any choice but to implement them nor do they require endorsement by the majority of the representatives to become the law of the land. 2

The Khaleefah implements Allah’s laws derived only from Qur’an, Sunnah, Ijma as-Sahaba and Qiyas, through the process of Ijtehad.

The Khaleefah’s personal choice or the whims of the majority of the Majlis-e-Ummah bears no weight in the process of Ijtehad.

The people are the origin of the Law People are led to believe that sovereignty

belongs to Allah but actually the will of the majority prevails.

For implementation of Shari’ah, Allah’s laws are to be produced before the representatives in the form of a bill who have the choice to accept or reject.

Hence practically Creator’s laws need approval of the creation to become the law of the land. Hence we hear terminologies such as ‘Shari’ah bill’ etc.

Evidencesه ل ل إل م ك ح ل ا ن إ

"Verily, Ruling is only for Allah" [Yusaf: 40]

ن عو ج ر ت ه ي ل إ و م ك ح ل ا ه ل"The judgment is His, and to Him you shall return." [28:88]

ن رو ف كا ل ا م ه ك ئ ل أو ف ه ل ال ل ز ن أ ما ب م ك ح ي م ل ن م و Those who do not judge by what Allah hath revealed, They are the Unbelievers [5:44]

ق ح ل ا ن م ك ء جا ما ع م ه ء وا ه أ ع ب ت ت ول له ال ل ز ن أ بما م ه ن ي ب م ك ح فاSo judge between them by what Allah hath revealed, and follow not their vain desires, diverging from the truth that

hath come to thee [5:48]

ليما س ت موا ل س ي و ت ي ض ق ما م جا ر ح م ه س ف ن أ في دوا ج ي ل م ث م ه ن ي ب ر ج ش ما في ك مو ك ح ي تى ح ن نو م ؤ ي ل ك ب ر و فلBut no, by the Lord, They can have no (real) Faith, until They make Thee judge In all disputes between them, and

find In their souls no resistance against Thy decisions, but Accept them with the fullest conviction. [4:65]

ه ل رسو و ه ل ل ا ص ع ي ن م و م ه ر م أ ن م ة ر ي خ ل ا م ه ل ن كو ي ن أ ا ر م أ ه ل سو ر و ه ل ل ا ضى ق ذا إ ة ن م ؤ م ول ن م ؤ م ل ن كا ما ونا ي ب م ضلل ل ض د ق ف

It is not fitting for a Believer, men or women, when a matter has been decided by Allah and His Messenger to have any option about their decision [33:36]

Evidences2. For those who think that consultation should be on all matters sighting the ayah: " And do consult them in

the matter…” [Al-’Imran: 159] we say that duties (Wajibaat), and prohibitions (Muharramaat) and the divine rules explained by the Shar'a and specifically stated by it, have no place for human opinions and there is no scope for consulting about them.

“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 in their matter.” [TMQ 33:36],

"And rule between them by that which Allah revealed to you, and do not follow their whims, and beware that they may deviate you away from some of which Allah revealed to you." [TMQ Al-Mai’dah:49]

, "And whatever the Messenger brought to you take it, and whatever he forbade you of leave it." [Al-Hashr: 7].

The Messenger of Allah’s (saw) said: “None of you will be a (true) believer until his desire follows that which I have come with (i.e. Islam).”

These evidences are explicit in making the sovereignty for the Laws of Allah (swt) and not for the Ummah. Hence Allah has ordered consultation in matters which are Mubah not in legislative matters. Democratic process of legislation which is based on majority votes of the representatives, is a kufr concept, completely alien to Islam.

1. Consultation is the right of the Ummah and Allah has recommended the ruler that he consults the people in running the affairs of the State. But consultation (Shura) deosn’t mean that its majority opinion has to be binding on the Khaleefah. The Ayah which encourages Shura (consultation) gives the final verdict to the Messenger i.e. the ruler of the state.

ه ل ال لى ع ل ك و ت ف ت م ز ع ذا إ ف ر م الأ في م ه ور شا وAnd consult them In affairs, then, when you have taken a decision put Thy trust In Allah (Al-Imran: 159)

2. The Messenger of Allah (saaw) rejected the overwhelming majority of the Sahabah on the day of Hudaibiya and accepted the truce with Quresh saying:

"I am Allah’s servant and His Messenger, I shall not go against His commandment and He will not make me the loser.”

This shows that when it comes to Hukam of Allah majority has no bearing. So Allah’s laws do not need majority endorsement to become the law of the land.

3. Abu Bakr (ra) fought the apostates as well as those who refused to pay Zakah and sent Osama (ra) army to fight the Romans all at the same time, rejecting the unanimous opinion of the Sahaba who opposed taking all these expeditions at once. This shows that the majority opinion of the Sahabah was not binding on the Khaleefah i.e. Abu Bakr (ra) and he implemented his opinion rejecting the majority.

4. Similar situation was seen when Omar (ra) implemented his opinion of levying Kharaj on the lands of Iraq rejecting Bilal (ra) and the opinion of a number of Sahabah.

Ruling System:

In Khilafah majority is not always authority

Ruling System:

ImplicationsSince the Khaleefah doesn’t have any legislative powers he cannot be

blackmailed or pressurized to make laws by the Majlis-e-Ummah, lobbies or masses

PM could be dictated by pressure groups, multinational Comps., IMF, WB. PM will be under pressure from people’s desires, not from Allah’s Ahkam

Man made laws will always have a bias towards the interests of the legislators or the interest of their colonial masters.

In democracy people’s taxes and lives are used to secure the interests of the corrupted elite, as was done by the oil lobby in the Iraq and Afghanistan wars

Only divine laws give justice to all

Hence Democracy is the “Dictatorship of the Elite”

Rule of Law only possible in the Khilafah

Ruling System:

Legislation of Allah is applicable even today

Creator

Man Man

Ibadat

Muamilat

Akhlaq

Laws related to organizing Man’s three relationships are not up for debate or discussionMan with CreatorMan with ManMan with himself

These laws do not change with time and space. Hence Shariyah is for all times

Ruling System:



Mubah Issues



knowledgeable

Mubah Issues which


In a State

Ruling System:


Mubah Issues



knowledgeable

Mubah Issues which


Ruling System:

Administrative Laws and Implementation details

Khilafah DemocracyA) Mubah Issues about which Ummah is

generally knowledgeable and expert opinion is not needed:

Majority opinion of the representatives of the Ummah is binding on the Khaleefah.

B) Mubah Issues which needs expertise and insight:

After consultations with the experts and people of insight Khaleefah makes the final decision. He is not bound by the majority opinion of the experts rather he would look for the strongest opinion. For example to deal with water crisis, should the government build four small water dams or just one big dam.

The representatives of the Ummah can account him and ask for justification but their majority opinion is not binding.

A) Mubah Issues about which Ummah is generally knowledgeable:

People’s representatives to decide what is good for them.

B) Mubah Issues which needs expertise and insight:

The Cabinet makes strategic decisions but the parliament has the right to overrule them by voting against it.

EvidencesCategory A: This view is derived from the Messenger’s adherence to the majority opinion to leave

Madinah to confront the Mushrikeen army at the Battle of Uhud, although his opinion and those of senior Sahabah was to stay in Medinah and not to go out. It is also derived from his saying to Abu Bakr and ‘Umar. “Had you agreed together on a consulted matter I would have not disagreed with you.” [Narrated by Ahmed from Ibnu Ghanam bin Al- Ash’ari]

Category B: On the day of Badr the Messenger of Allah (saaw) consulted an expert of war

Habab bin Al-Munthir (ra) in choosing the place of the Battle of Badr. He accepted his opinion and implemented it without even considering consultation with other great Sahaba.

Ruling System:

Implications

The Ummah’s representatives provide positive input that helps smooth running of the state

Taking majority opinion who are not experts in the issue is senseless. Hence only experts are consulted and final decision rests with the elected Khaleefah

In Khilafah, matters concerning the well being of the society that requires technical expertise cannot be politicised by political parties by manipulating the ignorance of the common people

Ruling System:

Example of Decision making in Khilafah

Should Oil and gas wells be privatized

Administrative Laws and

Implementation details

Should the Nuclear reactor be built

at Chashma

Should the state first build motorway

or fix the sewage system

In a State

Decision making in Autocracy (dictatorship of an individual)

Decision making

Legislative Mubah(General issues)

Mubah(needing expertise)


The ruler

The ruler

The ruler

Decision making in Democracy (dictatorship of an elite group)

Decision making




Elite Group

Elite Group

Elite Group

Decision making in Khilafah

Decision making



Economic Ruling Social JudicialEducation

PolicyForeignPolicy

Khaleefah is final authority after discussing with experts

People Through their representatives decide based on majority

Allah’s Ahkam Are implementedderived from thesources, Qur’an,Sunnah, Ijma us SahabaQiyas

Ruling System:

Islamic Democracy: The biggest hurdle in implementation of Islam

No law is enacted even in an “Islamic Democracy” without the consent of the majority.

Hence Allah’s Hukam becomes law of the land subject to the endorsement of more than 50%

Riba is legal in Pakistan even though there is a clear Hukam of Allah just because the legislators in the parliament have not made it Haram. This shows who has the sovereignty in Pakistan’s constitution

Voting on a Hukam of Allah to accept or reject it as being the law of the land, is absolutely HARAM. This process gives man the right to say “Yes” or “No” to Allah’s Hukam whilst a Muslims doesn’t have any right to have any say once Allah has legislated a matter

ن م ة ر خي ل ا م ه ل ن كو ي ن أ ا ر م أ ه ل سو ر و ه ل ل ا ضى ق ذا إ ة ن م ؤ م ول ن م ؤ م ل ن ا ك ما و

نا ي ب م ضلل ل ض د ق ف ه ل سو ر و ه ل ل ا ص ع ي ن م و م ه ر م أ

It is not fitting for a Believer, men or women, when a matter has been decided by Allah and His Messenger to have any option about their decision

Ruling System:

Pakistan’s Constitution is a Secular ConstitutionArticle 227 of 1973 Constitution of Pakistan which is sited to prove that this

Constitution is Islamic, states: “No Law shall be enacted which is repugnant to such injunctions [i.e. Islamic injunctions]“

Afghanistan and Iraqi constitution, which is drafted by none other than the Americans themselves, have articles very similar to the article quoted above:

"no law can be contrary to the sacred religion of Islam" (Afghanistan’s Constitution: Article 3)

"No law that contradicts the established provisions of Islam may be established" (Iraq's Constitution: Section One, Article 2(A) )

US added these articles to deceive the sincere elements in the legal jargons, knowing fully well that this article will not give rise to Islamic legislation

The above articles are completely un-Islamic. As all of them allow the parliamentarians to enact laws from other than Qur’an and Sunnah and do not restrict them only to Shari’ sources. Hence it is up to the people to prove whether these are repugnance to Islam or not.

The correct legal clause should be: "Legislation cannot be taken from any source other than Qur'an, Sunnah, Ijma-e-Sahaba and Qiyas"

Ruling System:

Appointment of the Ruler

Khilafah DemocracyKhaleefah must have seven

conditionsMuslimSaneFreeMaleMature (Baligh)Adl (opposite of fasiq)Is capable of ruling (Qadir)

The Khaleefah is appointed either by the people directly or through their representatives

The ruler should have qualification as pronounced by article 62 & 63 of the constitutionMuslimMatureGraduateGood Muslim etc.

People elect the parliament which in turn elects the Prime Minister through voting

Ruling System:

Law making - the actual cause of corruptionKhilafah Democracy

Political system gets cleaned from corrupt people

The representatives cannot use the system to cover up their corruption by legislating laws for their own interests

“Professional politicians” find no reason to invest millions as the job of the representative is to be serving the Ummah rather than a source of money making and exerting power

Corrupt people are attracted towards politics like bees towards nectar

The process of law making gives parliamentarians the authority to make laws to not only protect their interests rather legitimize their corruption

“Professional politicians” invest millions of rupees in elections and rear “Gangs”, to keep sincere people out of the political arena

Once in power, the corrupt entourage of these “Professional Politicians” i.e. the local “Gangs” become untouchables, free to take “bribes” and kidnap for ransom

Hence democracy is the actual source of corruption in the society. It starts from the politicians at the top and goes all they way to the bottom with local “Gangs” who have the protection and backing of these politicians and Govt. institutions

Ruling System:

Political EnvironmentKhilafah Democracy

Islam obliges every individual to be politically aware. This produces a political environment which keeps the ruler in check.

It is achieved through following meansMultiple Political parties MediaEducation system

Nobody is barred from political activity

Nobody is allowed to make parties or organizations from basis other than Islam

In democracy one is not obliged to be politically aware.

Certain cross-sections are prohibited from participating in PoliticsAll civil servantsStudents Teachers

Ruling System:

Rules regarding Political Parties Khilafah Democracy

No permission required to establish political parties, rather it is Fard Kafaya to establish it

There is no such thing as ruling party or opposition party

Every political party gives allegiance to the Khaleefah and is required to obey him in private and public as long as he rules by Islam.

Every party has the right to voice her opinion and work to build public opinion for it

It is obligated (Fard) for every political party to account the ruler and build awareness and build public opinion against the unjust acts of the ruler

Political parties are not allowed to destabilise or weaken the authority of the Khaleefah as long as he is implementing Islam

Political parties are responsible in maintaining public opinion for the implementation of Islam and strengthening the system

There is a ruling party/coalition and an opposition.

The opposition works to remove the government through constitutional means i.e. No-confidence vote, or extra-constitutional means like agitation, civil disobedience, strikes.

Political party may account the ruler or chose to keep quiet under the principal of “freedom of expression”

Ruling System:

Political StructureKhilafah Democracy

Institutions of Khilafah systemKhaleefahMuawin Tafweedh (Delegated Assistant)Muawin Tanfeez (Executive Assistant)Walies (Governors) Ameer ul Jihad Internal SecurityThe foreign affairsIndustryThe JudiciaryThe administration system (the people’s

affairs)Bait ul-mal (the state treasury)MediaMajlis al-Ummah

Institutions of Parliamentary DemocracyExecutive

Prime Minister

Cabinet

Governors

Civil Servants & Bureaucracy

LegislatureNational Assembly

Senate

Judiciary

Ruling System:

Political Hierarchy (Flow Chart)

Khaleefah• Elected directly by the Ummah

Or• By Muslim members of

Majlis-e-Ummah

Ameer Al-Jihad

JudiciaryDelegatedAssistant

Foreign Affairs

Internal Affairs

Military

The Industry

• Has all powers of ruling like the Khaleefah

• Has to report to Khaleefah after taking an action.

• His ruling can not contradict the adoption of Khaleefah

• Only has executive powers

• No ruling powers

• Implements rulings of the Khaleefah and brings him feedback from the Ummah

Executive Assistant

The State Departments

• Three types of qadies, Qadhi Aam, Qadhi Mohtasib, Qadhi Mazalim

• Qadhi Mazalim can impeach the Khaleefah. During the hearing the Khaleefah cannot remove the Qadhi

Governors

• Appointed by the Khaleefah

• Assists the Khaleefah in ruling and implementing Islam in the province

• Distributes income to public and collects funds for the State

• A body of the people which executes the Islamic State’s orders

• Motor vehicle dept.

• Zakah Collection dept.

• Marriage and divorce dept.

• And others

Majlis-e-Ummah

• Elected by the people to represent them• Short lists nominees for Khaleefah• Scrutinize newly adopted laws and

decision of the Khaleefah• Make the Khaleefah change the Walies

AllCitizens of

Khilafah

• Ameer Al-Jihad heads all the above departments

Date post:	05-Dec-2014
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Islam's Political System Al-Khilafah

Spiritual