Article 21
The Muslims have the right to establish political parties in order to
account the rulers or to reach the rule through the Ummah on the
condition that their basis is the Islamic ‘Aqidah and that the rules
they adopt are Shari’ah rules. The formation of a party does not require
any permission. Any group formed on an un-Islamic basis is prohibited.
Its evidence is the
words of Allah (swt) “Let there arise out of you a group of people inviting to
all that is good (Islam), enjoining Al-Ma'ruf (Islamic Monotheism and all that
Islam orders one to do) and forbidding al-Munkar (polytheism and disbelief and
all that Islam has forbidden). And it is they who are the successful.” (TMQ 3:104). The angle of using this verse as an evidence for the
establishment of political parties is that Allah (swt) ordered the Muslims to
have a group which carries out the Da’wah to Islam amongst them, and
likewise carries out enjoining the ma’ruf and forbidding the munkar,
so His (swt) saying “Let
there arise out of you a group” is an order to create a structured group which has the
characteristic of the group from amongst the groups of Muslims, since He (swt) said “from
you”, and the intention
of His (swt) words “Let
there arise from you” is to let a group from the Muslims rise and not that the Muslims be a
group; in other words let their arise from the Muslims an Ummah, and the
meaning is not that the Muslims should be an Ummah.
This is because the
word “from” (min) in the verse is for
partitioning (tab’id) and not for clarifying the genus, and the way to
check is that the word “some” (ba’d) should be able to replace it, so it
can be said “Let some of you arise as a group”, whereas the word min
cannot be replaced with “some” in the verse “Allah promised those who believe from you” (TMQ 24:55), since it cannot be said that “Allah
promised some of those who believed from you” and so in this case it is for
clarifying the genus; in other words the promise is not restricted to the
generation of the companions (may Allah (swt) be pleased with
them) but it is for all
those who believed and did good actions.
Based upon that, as
long as the from (min) in the verse is for partitioning, this entails two
issues: firstly, that establishing a group from amongst the Muslims is an
obligation of sufficiency and not an individual obligation and secondly that
the presence of a bloc that has the characteristic of being a group from the
Muslims is sufficient for this obligation as long as the number of this bloc is
enough such that it retains the characteristic of being a group and as long it
is capable of establishing the action required from it in the verse. So the
words “and
let there arise” are addressing the whole of the Islamic Ummah, but they are
exerted over the word Ummah – that is, the group; in other words the
request is asked from all the Muslims and the thing that is requested
is the creation of a group that has the characteristic of a group, and so the
meaning of the verse is bring about O Muslims a group which will carry out two
actions: the first of them that it will call to the good and the second that it
will enjoin the ma’ruf and forbid the munkar. So it is a request
for the creation of a group and this request has had the action of this group
explained.
Although this
request is simply an order “let there arise”, however there is an indication which points to it being a decisive
request, since the action which the verse explains this group being established
for is an obligation upon the Muslims to carry out as is confirmed by other
verses and in numerous narrations, and so that is an indication that this
request is a decisive request and accordingly the order in the verse is an
obligation. Therefore the verse indicates that it is imperative upon the
Muslims to establish a group from amongst themselves that will carry out the da’wa
to the good – in other words to Islam – and will enjoin the ma’ruf and forbid the munkar.
This is from the
angle that the establishment of a group that will carry out these two actions
mentioned in the verse is obligatory upon the Muslims and they will all become
sinful if this group was not in existence. As for the issue that this group
mentioned in the verse to be established is a political party, then the
evidence for that is two issues: firstly that Allah (swt) did not request in this verse
that the Muslims carry out the Da’wah to the good and the enjoining of
the ma’ruf and the forbiddance of the munkar; rather it was only
requested in the verse to establish a group which will carry the two actions
out and so the request is
not to carry out the two actions but rather to establish a group that will
carry them out, and so the order is exerted over the establishment of a group
and not over the two actions. The two actions are the explanation of the work
of the group, whose creation is requested, and the two actions are not
themselves the issue requested, rather they are the specific characteristics
for the type of group whose creation is requested.
In order for this
group to be a group which is able to undertake the action in its characteristic
as a group, it is imperative that it has specific issues in order to be and
remain a group while undertaking the action. In order for the group to gain
this characteristic which came in the verse – and that is a group that
undertakes the two actions – it is imperative that it possesses what brought it
about as a group and keeps it as one while it works. What makes it a group is
the presence of a bond that bonds together its members such that they become a
single body, i.e. a bloc. Without
the presence of this bond the group whose creation is requested, in other words
a group which works according to its characteristic as a group, would not be
found. What keeps the group as a group while it is working, is the presence of
an Amir for it whom obedience to is
obligatory. That is because the Shari’ah ordered that every group of
three and more must appoint an Amir;
the Prophet
said “It is not permitted for three in an open
space upon the Earth not to appoint one of themselves as their Amir” (reported by Ahmad
through ‘Abd Allah b. ‘Amru), and because the leaving of
obedience removes one from the group; he
said in an agreed upon narration with this
wording from Muslim “Whoever
sees something from his Amir that he hates then let him be patient since the
one who separates from the group by a hand-span and then dies, the death is one
of jahilliyah”; so he made going against the Amir a separation from the group.
Therefore the issue that maintains the group while it is working
is the obedience to the Amir of the
group. And these two characteristics are necessary in order to bring about the group
which will carry out the two actions while it is a group, and they are the
presence of a bond for the group and the presence of an Amir to whom obedience is obligatory. These two indicate
that His (swt) words “And let there arise out of you a group” means: and bring about from
amongst yourselves a group which has a bond which bonds its members together
and an Amir to whom obedience is
obligatory. And this is the bloc or the
party or the association or the organisation or any name from the
names which are applied to the group which fulfils what makes it a group and
maintains it as group while it is working. And with that it becomes apparent
that the verse is an order to form parties, associations,
groups or their likes. As for the reality
that this order is an order to bring about political parties, that is because
the order is a request to bring about a specific group by specifying the action
that it will carry out, and not simply any group. The verse explains the action
that the group will carry out in its characteristic as a group and this
explanation identified the type of group whose creation was requested; in other words it
identified the type of association whose creation was requested, since the
verse mentioned: to bring about from the Muslims a group that calls to the
good and enjoins the ma’ruf and forbids the munkar. So this is to
be a characteristic for this group, and it is a defined
characteristic, so the group that meets this characteristic
is the one which is obligatory to be brought about, and anything else is not
obligatory. As for the call to the good, or the da’wa to Islam, then it
is possible for an group to carry it out, and it is possible for a party or
an organisation to carry it
out. However, enjoining the ma’ruf and forbidding the munkar
which came in a general form, is an action which can only be carried out by a
political party, because it encompasses the ordering of the rulers by the ma’roof
and forbidding them from the munkar. In fact, this is the most important
action from the enjoining of the ma’ruf and the forbiddance of the munkar,
and it is part of this verse, since it came in a general form “and
enjoin the ma’ruf and forbid the munkar”, and the alif and lam (‘the’)
represent the genus so accordingly it is from the forms of generality. This
action is from the most important acts of the political party, and is what
grants the political aspect to the party or association or organisation, and makes it
a political party or a political association or a political organisation. And since
this action, the ordering of the rulers with the ma’ruf and forbidding
them from the munkar, is from the most important acts of enjoining the ma’ruf
and forbiddance of the munkar, and since the enjoining of the ma’ruf
and the forbiddance of the munkar is one of the two requested actions in
the verse which are to be the actions of the group which must be created,
accordingly the order in the verse is related to a specific group and that is
the group whose work is the da’wa to Islam, the ordering of the rulers
with the ma’ruf and forbidding them from the munkar, and ordering
the rest of the people likewise with the ma’ruf and forbidding them from
the munkar.
This is the group
whose establishment Allah (swt) made obligatory upon the Muslims; in other words it
fulfils all of these characteristics found in the verse describing it. The
group which has this characteristic is the political party. It cannot be argued
that the creation of a group which calls to Islam, and orders the people with
the ma’ruf and forbids them from the munkar and does not confront
the rulers is sufficient to fulfil this obligation. That cannot be argued since
the fulfillment of the obligation does not occur unless the group which the
Muslims brought about fulfils all of its characteristics. In other words it
fulfils the enjoining of the ma’ruf and the forbiddance of the munkar
alongside the Da’wah to the good, since the attachment in the verse came
with the letter “and” (wa) which indicates participation,
and because the words to order the ma’ruf and forbid the munkar came in a general meaning with
a form from the forms of generality - therefore it has to remain
upon its generality and its generality has to be fulfilled. So the obligation
cannot be established unless the work of the group in enjoining the ma’ruf and
forbidding the munkar was general, as it came in the verse, with
no exceptions made. So if the ordering the rulers with ma’ruf and
forbidding them from the munkar is excluded, or in other words if the political
actions are excluded, then the group requested in the verse is not present, and
this group is not the one requested by the verse because it excluded an
important action from the enjoining of the ma’roof and the forbiddance
of the munkar, and the verse came in its generality and so this
characteristic is not complete unless the ordering of the rulers by the ma’roof
and forbidding them from the munkar is part of the groups actions. For
this reason the obligation as mentioned in the verse is not fulfilled except by
the establishment of a political group, in other words a political party or
association or organisation; that is, the group which
carries out the enjoining of the ma’ruf and forbiddance of the munkar
generally without excluding anything from it, and this is not found except with
a political party or association or something that resembles them.
Accordingly, Allah (swt) has ordered in this
verse the establishment of political parties which will carry out the work of
the Islamic da’wa, and the accounting of the rulers by enjoining them
with the ma’ruf and forbidding them from the munkar. This is the
angle of deduction from this verse as an evidence for the article.
It cannot be argued
that this verse says “Ummah”, in other words a single party, and that this means
the absence of multiple parties. This cannot be argued because the verse did
not say “One Ummah”, so it did not mention one group but rather it said
“Ummah” in the unknown form and
without any description. That means to establish a group is obligatory. If a
single group was established then the obligation has been met, but it does not
prohibit the establishment of multiple groups or multiple blocs. The carrying
out of the obligation of sufficiency by one in which one is enough to carry it
out, does not prohibit other than that one to carry out this obligation. And
the word group here is the name of a genus, in other words the word group is
used and what is intended by it is the genus and not the single unit; Allah (swt) said “You
are the best Ummah raised for mankind” (TMQ 3:110)
and what is
intended is the genus. And comparable to that are the words of the Messenger
“Whoever from you sees a munkar then he should change it”
(reported by Muslim
through Abu Sa’id al-Khudri), so the intention is not a
single munkar rather the genus of munkar, and there are many
similar examples. So it holds true upon the single unit from the genus and also
upon multiple units from that genus. It is therefore permitted that a single
party could exist in the Ummah, and permitted that several parties could
exist, but if a single party is present then the obligation of sufficiency has
been met if that party carried out the required actions in the verse. However,
this does not prevent the establishment of other parties, since the
establishment of the political party is an obligation of sufficiency upon the
Muslims, so if one party is established and others want to bring about a second
party in other words to carry out that obligation it is not permitted for them
to be prevented, since this is the prevention from carrying out an obligation,
which is prohibited. Accordingly, it is not permitted to prevent the
establishment of multiple political parties. This only applies to those
political parties that are established upon what the verse mentioned; that is
the call to the good, the enjoining of the ma’ruf and the prohibiting of
the munkar which encompasses the rulers and accounting the rulers. As
for anything else, then it has to be considered - if it was established to
carry out something prohibited such as the call to nationalism, or to spread
un-Islamic ideas, or similar, then the establishment of such blocs is
prohibited and will be prevented by the State, with each participant being
punished. If they were not established to carry out something prohibited, such
as to carry out something permitted, then what is established upon a permitted
basis would be permitted. However, it would not be considered establishing the
obligation that Allah (swt) obligated in the text of this
verse unless it was a political party which had all the characteristics
mentioned in the verse.
Since the carrying
out of the obligation does not require the permission of the ruler, rather to
make the fulfilment of an obligation reliant upon the permission of the ruler
is something prohibited, therefore the establishment of political parties and
their creation does not require a permit.
Article 22
The ruling system is built upon four principles which are:
a. Sovereignty is for
the Shar’ rather than fort the people
b. The authority is for
the Ummah
c. To appoint a single Khalifah is an obligation upon the Muslims
d. The Khalifah
alone has the right to adopt Shari’ah rules, so he is the one who enacts
the constitution and the rest of the laws.
This article explains the basis of the rule, which cannot exist without
this basis. If anything from this basis goes then the rule goes. The intention
is the Islamic ruling; in other words the authority of Islam, not any rule. And
this basis has been derived after scrutiny of the Shari’ah evidences.
The first principle that the sovereignty belongs to the Shari’ah
has a reality, and that is the word sovereignty, and this word has its
indication, and its indication is that it is for the Shari’ah and not
for the people. As for its reality, that is that this word is a Western
definition and what is meant by it is the execution of the wishes and its
direction. If the individual was the one who applied his wishes and executed
them then the sovereignty would be for him, and if his wishes were executed and
controlled by other than him then he would be a slave. If the wishes of the Ummah
or in other words if the collective will of its individuals was directed on its
behalf by individuals from amongst themselves who were consensually given the
right to direct them, then it would be its own master, and if the Ummah's will was controlled by others
forcefully then it would be enslaved. For this reason the democratic system
says: the sovereignty is for the people or in other words they are the ones who
execute their will and establish upon it whomsoever they want and give them the
right of directing their will. This is the reality of sovereignty which is
intended to apply to the ruling.
As for the rule regarding this sovereignty, it is for the Shari’ah
and not for the people, since the one who directs the wishes of the individuals
according to the Shari’ah is not the individual as they themselves wish,
but rather the will of the individual is directed by the orders and
prohibitions of Allah (swt). And the proof for that are His (swt) words “But no by your Lord they can have no faith until they
make you (Muhammad (saw)) judge in all disputes between them” (TMQ 4:65), and the words of the Prophet
“One of you does not
believe until his desires follow what I have brought” (reported by Ibn Abi ‘Asim in al-Sunna). Al-Nawawi said after reporting the narration from ‘Ab Allah
b. ‘Amru b. al-‘As in al-Arba’in that it is a Sahih Hasan narration.
So what reigns in the Ummah and the individual and directs the will of
the Ummah and the individual, is what the Messenger
came with. So the Ummah and
the individual submit to the Shari’ah and accordingly the sovereignty is
for the Shari’ah. Due to this the Khalifah is not contracted by
the Ummah as a servant of theirs to implement what they want, as is the
case in the democratic system, but rather the Khalifah is contracted by
the Ummah upon the Book of Allah (swt) and the Sunnah of His
Messenger
, to implement the Book of Allah (swt) and the Sunnah; in other
words to implement the Shari’ah and not whatever the people may want, to
the point that if the people who contracted him go against the Shari’ah
they are fought against until they desist. Consequently, the evidence was
derived for the principle that the sovereignty is for the Shari’ah not
the people.
As for the second principle - the authority is for the people - it is
taken from the fact that the Shari’ah made the appointment of the Khalifah
by the Ummah and the Khalifah takes his authority from this
contract. As for the fact that the Shari’ah made the appointment of the Khalifah
to be by the Ummah – this is clear from the narrations regarding the
pledge of allegiance. It is narrated from ‘Ubadah b. Samit who said “We
gave the pledge of allegiance to the Messenger of Allah
upon hearing and obedience in
whatever was pleasing and hated” (agreed upon),
and from Jarir Bin ‘Abd Allah who said “We gave the pledge of
allegiance to the Messenger of Allah
upon hearing and obedience” (agreed upon), and from
Abu Hurayrah that the Messenger of Allah
said “Three people who Allah will not
talk to on the Day of Judgement, and will not purify them, and they will have a
severe punishment: a man who has spare water with him in the desert and
prevents it from a traveller, and a man who pledges allegiance to an Imam for
no reason other than his worldly purpose, and if he gains what he wants from
him then he is loyal otherwise he is not, and a man who sells a man something
after the ’asr prayer and swears by Allah that he had paid such and such for
it, so the man believes him even though it was not true” (agreed upon).
Accordingly, the pledge is from the side of the Muslims to the Khalifah
and not from the Khalifah to the Muslims, and so they are the ones who
give him the pledge or establish him as a ruler upon them, and what occurred
with the rightly guided Khulafaa’ is that they only took the pledge of
the allegiance from the Ummah and they did not become Khulafaa’
except by the pledge of the Ummah with them.
As for the effect
that the Khalifah takes the authority from this pledge, then this is
clear from the narrations of obedience and in the narrations about the unity of
the Khalifah. ‘Abd Allah Bin ‘Amru b. al-‘As said that he heard the
Messenger of Allah
say “and whoever contracted an Imam and
gave him the grasp of his hand and the fruits of his heart then he must obey
him as much as he is able, and if another comes to compete with him (over this
pledge of allegiance) then strike the neck of the second” (reported by
Muslim, and from Nafi’), “Whoever removes his hand from the obedience to
Allah will meet Allah on the Day of Judgement without any proof for himself,
and who dies without the pledge of allegiance upon his neck dies a death of
jahilliyah” (reported by Muslim), and from Ibn Abbas that the Messenger
of Allah
said “Whoever hates something from his
leader, then he should be patient with him, since there is no one from the
people who removes themselves from the authority by even a hand-span and then
dies except that they die the death of jahilliyah” (agreed upon). Abu
Hurayrah narrated that the Prophet
said “The tribes of Isra'il were ruled
by the Prophets, every time a Prophet died he was followed by another Prophet,
and there will be no Prophets after me, and there will be Khulafaa’
(successors) and they will be many. The companions then asked, “What do you
order us?” To which the Prophet replied Fulfil your pledge of allegiance to
them one after another, and give them their rights, and truly Allah will ask
them about their responsibilities” (agreed upon).
These narrations
indicate that the Khalifah only gets his authority via this pledge,
since Allah (swt) ordered obedience to him by this pledge – “Whoever
contracted an Imam then he must obey him” – so he took the Khilafah
through the pledge and obedience to him is obligated because he is the Khalifah
who has been contracted. So it means that he took the authority from the Ummah
and the obligation of the Ummah obeying whomsoever it contracted, in
other words the one who has the pledge of allegiance upon their necks, by this
pledge given to him, and this indicates that the authority is for the Ummah.
On top of that, the Messenger
, even though he was
a Messenger, took the pledge of allegiance from the people. This was a pledge
upon the rule and authority and not a pledge upon the Prophethood, and he took
it from the women and the men and not from youngsters who had not yet reached the
age of distinction. So the fact that the Muslims are the ones who establish the
Khalifah and contract him upon the Book of Allah (swt) and the Sunnah
of His Messenger
, and the fact that
the Khalifah only takes his authority through this pledge, is clear
evidence that the authority is for the Ummah to give to whomsoever they
please.
As for the third
principle, that to appoint a single Khalifah is obligatory upon the
Muslims, the obligation of appointing the Khalifah is fixed in the noble
narration, on the authority of Nafi’ who said that ‘Abd Allah b. Umar said that
he heard the Messenger of Allah
say “Whoever removes his hand from the
obedience to Allah will meet Allah on the Day of Judgement without any proof
for himself, and who dies without the pledge of allegiance upon his neck dies a
death of jahilliyah” (reported by Muslim through ‘Abd Allah b. Umar).
The angle of deduction from this narration is that the Messenger
made it obligatory upon every Muslim to have
the pledge of allegiance to the Khalifah upon their neck, and did not
make it necessary that every Muslim has to give that pledge to the Khalifah.
So the obligation is the presence of the pledge upon the neck of every Muslim,
in other words the presence of a Khalifah due to whom there is a pledge
present upon the neck of every Muslim. Accordingly, it is the presence of the Khalifah
that makes the pledge present upon the neck of every Muslim irrespective of
whether they had given him the pledge personally or not.
As for the issue of
the Khalifah being one, it is due to the narration of Abu Said al-Khudri
that the Messenger of Allah
said, “If the pledge of allegiance is
given to 2 Khalifahs, kill the latter of them” (reported by Muslim),
and this is an unambiguous prohibition of allowing more than one Khalifah
for the Muslims.
With respect to the
fourth principle, which is that the leader of the State alone has the right to
adopt the laws, this has been established by the Ijma’ of the companions
that the Khalifah alone has the right to adopt the laws, and from this Ijma’
the famous Shari’ah principles:“The order of the Imam resolves the difference”, “The order of the Imam
is executed” and “The
ruler can issue as many judgements as there are problems that appear” are
all derived.
Article 23
The state apparatus is established upon thirteen institutions:
1.
The Khalifah (Leader of the State)
2.
The Assistants (delegated ministers)
3.
Executive minister
4.
The Governors
5.
The Amir of Jihad
6.
The Internal Security
7.
The Foreign Affairs
8.
Industry
9.
The Judiciary
10. The People’s Affairs
(administrative apparatus)
11. The Treasury (Bayt
al-Mal)
12. Media
13. The Ummah’s Council (Shura and accounting)
The evidence for this is the actions of the Messenger
, since he established the state apparatus in this form. He
was himself the leader of the State, and he ordered the Muslims to
establish a leader for the state when he ordered them to establish the Khalifah
and the Imam. He
said “Whoever removes his hand from obedience (to the ruler)
will meet Allah with no proof for himself, and whoever dies without the pledge of allegiance (to the ruler) upon his neck dies a
death of jahilliyah” (reported by Muslim), and
the pledge of allegiance is the pledge of allegiance to the Khalifah.
And the companions agreed upon the necessity of establishing a successor, a Khalifah,
to the Messenger of Allah
after
his death. The consensus of the companions upon the establishment of a Khalifah
is clearly confirmed by their delaying of the burial of the Messenger of Allah
due to
their busyness in electing a successor to him
.
As for the assistants, the evidence is from what Abu Dawud narrated with
a good chain from Aaisha (ra) who said that the Messenger of Allah
said “If Allah wants good for a
leader, he gives him an honest Wazir, such that if he forgets the Wazir reminds
him, and if he remembers then the Wazir supports him, and if Allah wants other
than that he gives him an evil Wazir, such that if he forgets the Wazir does
not remind him and if he remembers he does not help him”. And Tirmidhi reported from Abu Said al-Khudri that the Messenger
said “There is not a Prophet except
that he has two ministers from the inhabitants of the heavens and two ministers
from the inhabitants of the Earth, as for my two ministers from the heavens
they are Jibril and Mika’il, and as for my two ministers from the people of
this Earth they are Abu Bakr and Umar”. The
meaning of the word “my two ministers
(Waziraya)” here is my two assistants for, since this is
the linguistic meaning, and the word ‘minister’ according to its contemporary
meaning is a Western definition, and what is intended by it is a specific act
of ruling. This meaning was not known to the Muslims and contradicts the system
of ruling in Islam as is made clear in that section.
The executive minister is what was known as al-Katib (the
recorder) at the time of the Messenger of Allah
and the righteous successors, and his job is to assist the Khalifah in
the execution, follow up and accomplishment of tasks. Bukhari narrated in his Sahih
from Zaid Bin Thabit “The Prophet ordered
him to learn the writing of the Jews until I was able to write in their
language for the Prophet and read to him what they had written to him” and Ibn Ishaq reported from ‘Abd Allah Bin al-Zubair, “The Messenger of Allah used to dictate to ‘Abd Allah
Bin al-Arqam b. ‘Abdi Yaghooth[YUN1] , and used to
respond to the Kings on his behalf”. Al-Hakim reported a narration in al-Mustadrak which he
authenticated, and al-Dhahabi confirmed the authentication, from ‘Abd Allah Bin
Umar who said “A message from
a man arrived to the Prophet, so he said to ‘Abd Allah Bin al-Arqam: Reply on
my behalf, and so he wrote his reply and then read it to him, and so he
said You were correct and did well, May Allah confirm
it, and so when Umar took leadership he used to consult him”.
As for the governors, both al-Bukhari and Muslim reported from Abu Birda “The Messenger of Allah sent Abu Musa and Mu’adh Bin
Jabal to Yemen, and each of them was sent to a province, he said: And Yemen is
two provinces”. And in the report with
Muslim from Abu Musa the Messenger
said “I will not appoint
someone who desires the position to our work, rather go O Abu Musa and ‘Abd
Allah Bin Qays, and so he sent him to Yemen and then Mu’adh Bin Jabal was sent
thereafter”. Al-Bukhari and Muslim reported from ‘Amru
Bin ‘Auf al-Ansari “And the Messenger of
Allah was the one who made a settlement with the people of Bahrain, and made
al-‘Ala Bin al-Hadrami in charge of them”. Ibn
Abdul al-Birr in al-isti’ab said “The Messenger of Allah
made ‘Amru b.
al-‘As the governor over Oman, and he remained in that position until the death
of the Messenger of Allah
”.
The evidence for the position of Amir
of Jihad comes from the Sunnah:
Ibn Sa’d reported in al-Tabaqat that the Messenger of Allah
said “The Leader (Amir) of the people
is Zaid Bin Haritha, and if he is killed then Ja’far Bin Abi Talib, and if he
is killed then ‘Abd Allah Bin Rawaha and if he is killed then whomever the
Muslims are satisfied with will become their leader”. Al-Bukhari reported from ‘Abd Allah b. Umar (ra) who said “The Messenger of Allah appointed Zaid Bin Haritha in
charge for the Mu’ta expedition” and
al-Bukhari reported in the narration of Salamah Bin al-Akwa’ that he said, “I went on seven expeditions with the Messenger of
Allah, and one with Zaid Bin Haritha who had been appointed over us”. And al-Bukhari and Muslim reported from ‘Abd Allah b. Umar who said “The Prophet
sent out an expedition and appointed Usama Bin Zaid to
lead it, and so some of the people criticised his leadership, and so the
Prophet
said: You criticise his leadership and you criticised
that of his father before him, I swear by Allah he is fit for leadership”. Muslim reported from Barida who said, “Whenever the
Messenger of Allah
would appoint an Amir over the army or
expedition he would counsel him”.
As for the Internal Security, this is the office that will be led by the
head of the Police, and its objective would be to protect the security in Dar
Al-Islam. If they were incapable then the army would be appointed with the
permission of the Khalifah. The evidence is from what was reported by
al-Bukhari from Anas “In relation to his
position to the Prophet, Qais Bin Sa’d was like the police for the Amir”.
With respect to Foreign Affairs, the Messenger
used to establish external relations with other states and bodies. He
sent ‘Uthman Bin ‘Affan to negotiate with Quraysh, just as he
negotiated with the messengers of
Quraysh. In the same manner he sent messengers to the kings, and received
messengers from the kings and leaders, and concluded agreements and peace
settlements. And likewise, his successors, after him
, established diplomatic relations with other
states and bodies. And they appointed others to do that for them, on the basis
that what the individual does himself can be delegated to someone else on his
behalf, and deputise someone else to carry it out for him.
As for Industry, its evidence is from the
Quran and the Sunnah. Allah (swt) said “And make ready
against them all you can of power, including steeds of war (tanks, planes,
missiles, artillery) to threaten the enemy of Allah and your enemy, and others
besides whom, you may not know but whom Allah does know. And whatever you shall
spend in the Cause of Allah shall be repaid unto you, and you shall not be
treated unjustly” (TMQ
8:60). With regards to the
Sunnah Ibn Sa’d reported in al-Tabaqat from Makhul “The
Messenger used catapults against the people of Ta’if for forty days”.
And al-Waqidi in al-Maghazi said “and the Messenger of Allah
consulted his
companions, and so Salman al-Farsi said to him O Messenger of Allah, I think we
should use catapults against their fortifications, when we were in Persia we
used to use catapults against fortification and they were used against us. And
so we used to be hit by catapults and used to hit our enemies with it, and if
it wasn’t for the catapults the siege would take long. And so the Messenger of
Allah
ordered him to build
a catapult with his own hands, and it was used against the fortifications of
al-Ta’if”. And Ibn Ishaq said in his Sirah “until the day that the
wall protecting Ta’if broke, a number of the companions of the Messenger of
Allah entered under shields, and then marched forward to the wall in order to
destroy it…” Also, preparation for that which puts fear into the enemy
is obligatory and this preparation cannot be carried out without industry, and
therefore industry is obligatory from the rule “whatever is required to
complete an obligation is itself an obligation”. The Khalifah or
anyone he appoints is the one who will manage it.
With respect to the
judiciary, the Prophet
used to act as the
judge personally, and appointed others to judge between the people. He used to
undertake the judging himself as narrated by Umm Salamah that the Messenger of
Allah
said “I am only human, and you bring
your disputes to me – perhaps some of you are cleverer in presenting their case
than others, and so I judge in his favour according to what I hear. So whoever
I judged for and gave them something that is rightfully for their brother, then
do not take it, since I have only cut for him a part of the hellfire” (agreed
upon with the wording from al-Bukhari). And the narration of Abu Hurayrah and
Zayd b. Khalid al-Juhani who said “A beduoin came and said: O Messenger
of Allah, judge between us by the Book of Allah. The one he disputed with stood
up and said: He speaks truth, judge between us by the Book of Allah…”
(agreed upon and the wording is from al-Bukhari).
As for the
appointment of others to the judiciary, the evidence is what al-Hakim narrated
and stated was Sahih based upon the conditions of Muslim and al-Bukhari
which was also confirmed by al-Dhahabi, from Ibn Abbas who said “The
Prophet
sent ‘Ali to Yemen and said:
Teach them the rules (Shari’ah) and judge between them. He replied I have no
knowledge of judging, and so he
struck his chest and said O Allah
guide him to judgement”. Al-Hakim also narrated and authenticated upon the
conditions of Muslim and al-Bukhari, and al-Dhahabi agreed with him, that ‘Ali
(ra) said “The Messenger of Allah
sent me to Yemen and so I said:
You have sent me to a people of experience, and I am young! He said: If two
disputers come to you, do not judge for either of them until you listen to the
second as you listened to the first. Ali said: And so I remained giving
judgement”.
With respect to the
consensus, al-Mawardi mentioned in al-Hawi, “The righteous khulafaa’ used to judge between the people, and
appointed the judiciary and the rulers…and so it is a consensus through their
actions”. Ibn Qudamah mentioned in al-Mugni “The Muslims are agreed on
the legitimacy of appointing judiciary”.
As for the peoples’
affairs (the administrative apparatus) the Messenger of Allah
used to manage the
affairs and used to appoint writers for their administration. He
managed the peoples’ interests, took care of
their affairs, resolved their problems, organised their relationships,
protected their needs and directed them to what would benefit their matters.
All of these are from the administrative affairs, which directs their lives
without problems or complication.
In the issue of education, the Messenger of
Allah
made
ransom of the disbelieving prisoners that they should teach ten of the Muslim
children. Ransom is part of the war booty, which is the property of the
Muslims, and so ensuring education is an interest from the Muslims’ interests.
And in medical practice – the Messenger of
Allah
was
given a doctor as a gift and so he was made available to the Muslims. The fact
that the Messenger of Allah
was
given a gift which he did not use himself, and nor took it but rather gave it
to the Muslims is a proof that medical practice is an interest from the
people’s interests. In an authentic narration from Aaisha (ra) which is agreed
upon she said “Sa’d was injured on the day of the battle of the ditch,
having been hit by an arrow in the arm vein from a Qurayshi man called Ibn
al-Ariqa, and so the Messenger of Allah
set up
a tent for him in the mosque and used to visit him from nearby”. It is understood from the concern of the Messenger
, who was the head of the State, over Sa’d
while he was ill, by keeping him within the mosque, that medical practice or
treatment is an interest from the Muslims’ interests which the state takes care
of. The righteous Khulafaa’
followed the same practice. Al-Hakim narrated in al-Mustadrak from Zayd
b. Islam from his father who said “I fell severely ill in the time of
Umar b. al-Khattab, and so Umar called a doctor for me, and so he warmed me up
to the point I would suck on date pits due to the intense heat”.
In affairs of work the Messenger of Allah
advised a man to purchase rope and an axe and
then to collect wood and sell it to the people instead of asking them for money
such that one person would give and the next would refuse. This was in the
narration from Abu Dawud and Ibn Maja which mentioned “and he ordered him to
buy an axe with the other dirham and bring it to me. He then brought
it to him. The Messenger of Allah
fixed a handle on it with his own
hands and said: Go, gather firewood and sell it, and do not let me
see you for fifteen days. The man went away and gathered firewood and
sold it, and when he returned he had earned ten dirhams”. And in a narration
from al-Bukhari the Messenger of Allah
said, “No
doubt, it is better to take a rope and tie a bundle of wood and
sell it whereby Allah will keep his face away (from Hellfire) rather than ask
others who may give him or not.” So he
used to solve the problem of work in that
matter as one of the interests of the Muslims.
With regards to the
highways, the Messenger of Allah
used to organise the pathways in his time by
making the space of the pathway seven cubits if there was a dispute. Al-Bukhari
narrated in the chapter of al-Tariq al-Mita’ (the space between the
road) “The Prophet judged that seven cubits should be left as a
public way when there was a dispute about the pathway”, and
Muslim narrated “if they disputed about the pathway, it was judged to be
seven cubits in width”, which was an administrative organisation at
that time and if the need was greater it would have been met, as it is in the Shafi’i
school of thought.
In agriculture,
al-Zubayr and a man from the Ansar had a dispute regarding irrigation, and so
the Prophet
said “O Zubayr, irrigate and then send
the water to your neighbour” (agreed upon with the wording from
Muslim).
This is the manner in
which the Messenger of Allah
managed the affairs
of the people and the righteous khulafaa’ after him managed them either
by themselves or by appointing someone to manage them.
As for the treasury,
there are plenty of evidences that indicate that the Bayt al-Mal was
under the direct authority of the Messenger
, the Khalifah,
or whoever was encharged with it by the Khalifah. And so the Messenger
of Allah
sometimes used to directly store the wealth
and he had a storehouse. He
would directly take the wealth, apportion it
and put it in its place. At other times he
would appoint others to undertake these
issues. The righteous khulafaa’ after him
carried on in the same way after him
, either directly
taking charge of the affairs of the treasury or appointing others to do it on
their behalf.
The Messenger of
Allah
would either place
the wealth in the mosque, as has been narrated by al-Bukhari from Anas who said
“Wealth from Bahrain was brought to the Prophet
, and so he said: Spread it out in the mosque”, or in one of his
wives’ rooms as has been narrated by
al-Bukhari from Uqbah who said “I prayed the ‘asr prayer behind the
Prophet
in Madinah, when he finished he
did salam and stood up quickly and stepped over the people to reach the rooms
of his wives. Some of the people were alarmed at his haste, and when he came
out he saw they were puzzled by his haste, and so he said: I remembered something
of gold nuggets that I had with me, so I didn’t like that it had occupied me,
so I ordered it to be distributed”.
During the era of the
righteous Khulafaa’ the place where the wealth would be stored became
known as the Bayt al-Mal (treasury). Ibn Sa’d mentioned in al-Tabaqat
from Sahl b. Abi Hathmah and others “Abu Bakr had a Bayt al-Mal which
had no one guarding it, so it was said to him – Won’t you appoint someone to
guard it? He replied it had a lock on it. He used to distribute it until it
became empty. When he moved to Madinah, he took it and placed it in his house”.
It is reported by Hinad in al-Zuhd with a good chain from Anas “a
man came to Umar and said O leader of the believers, fund me because I want to
participate in the Jihad, and so Umar said to a man – take him to the Bayt
al-Mal so he can take whatever he wishes”.
As for information,
the evidence for it is from the Quran and the Sunnah.
With respect to the
Quran, He (swt) said “When there comes to them some matter touching
(public) safety or fear, they make it known (among the people), if only they
had referred it to the Messenger or to those charged with authority among them,
the proper investigators would have understood it from them (directly)” (TMQ 4:83).
As for the Sunnah, the narration of Ibn Abbas during
the opening of Makkah which is found in al-Mustadrak of al-Hakim who
said it was authentic and upon the conditions of Muslim, and al-Dhahabi
confirmed this, which mentioned “and the news was kept from the Quraysh, and so
they did not receive any information about the Messenger of Allah
and
did not know what was being undertaken”. And a Mursal narration from Abu Salama
with Ibn Abi Shaybah which mentioned: and then the Prophet
said
to Aaisha (ra), “Prepare me, and do not inform anyone about it….and then
he ordered that the highways be obstructed, and so the people of Makkah were
kept in the dark and no news reached them”
This indicates that the information which is
connected to the security of the state is tied to the Khalifah or an
institution which meets this aim.
As for the shura (consultative)
council, the Messenger
did
not use to have a specific permanent council, but rather he used to consult the
Muslims at numerous times in line with His (swt) words “and consult them in
the affairs” (TMQ
3:159). An example of these
consultations comes from what has been narrated by Muslim from Anas about the
day of the battle of Badr: “The Messenger of Allah
consulted
when he heard that Abu Sufyan had gotten away. He said: Abu Bakr spoke, and he
turned from him, and then Umar spoke and he turned from him, and so Sa’d Bin
Ubada stood up and said: It is us you want (to know about our opinion) O
Messenger of Allah. By the One in whose Hand is my soul, if you order us to
plunge our horses into the sea, we would do so. If you order us to goad our
horses to the most distant place like Bark al-Ghimad, we would do so. So he
Messenger of Allah
called upon the
people (for the encounter) and they set out and encamped at Badr”. Al-Bukhari reported
another example from the day of al-Hudaybiyah through al-Miswar and Marwan who
said “The Prophet
travelled until he was at Ghadir
al-Ashtat when his spy came to him and said, 'Quraysh have gathered forces
against you and they have gathered the Abyssinians against you. They will fight
you and bar you from the House and stop you.' He said, 'O people! Tell me what
you think. Do you think that I should attack their families and the offspring
of those who desire to bar us from the House? If they come to us, Allah, the
Mighty and Exalted, has cut off a spy from the idolaters. Otherwise, we will
leave them bereft.' Abu Bakr said, 'O Messenger of Allah, you set out aiming
for this House without any desire to fight anyone or to make war on anyone.
Make for it and we will fight whoever bars us from it.' He said, 'Proceed in
the name of Allah!'”. Though he
gathered the Muslims and consulted them, he
would call specific people consistently to consult with, and these were the
leaders of the people; Hamza, Abu Bakr, Ja’far, Umar, ‘Ali, Ibn Mas’ud,
Sulayman, ‘Ammar, Hudhayfah, Abu Dharr, al-Miqdad, and Bilal (may Allah be
pleased with them). They could be considered as a shura council for him
due to his specifically seeking them out consistently for consultation.
In the same manner the righteous khulafaa’
would consult the people generally, and would specifically seek out individuals
for consultation. Abu Bakr (ra) used to specially consult men from the
emigrants and Ansar in order to take their opinion if an issue occurred, and
they were the people of shura to him. The people of shura in his
time were the ‘ulama’ and those who would give fatawa (verdicts).
Ibn Sa’d reported from al-Qasim “If an issue occurred at the time of Abu
Bakr al-Siddiq which made him want to consult with the people of insight and Fiqh,
he would call some men from the emigrants and Ansar; he would call Umar,
Uthman, Ali, ‘Abd al-Rahman b. ‘Awf, Mu’adh Bin Jabal, Abai Bin Ka’ab and
Zayd b. Thabit. All of these used to give fatawa during the Khilafah
of Abu Bakr (ra), and the people would refer to them for verdicts and so
this was the way that Abu Bakr (ra) preceded and when Umar (ra) took charge he
used to call that same group of men.
All of this indicates
taking a specific council that represents the Ummah for the fixed shura
that is mentioned in the text of the Quran and Sunnah, which is
called the People’s Council (Majlis al-Ummah) since it is the
representative of the Ummah in shura. In the same manner, its
work would include accounting due to the evidence recorded. Muslim reported, “There
will be rulers whose good deeds you will like and whose bad deeds you will
dislike. One who sees through their bad deeds (and tries to prevent their
repetition by his hand or through his speech), is absolved from blame, but one
who hates their bad deeds (in the heart of his heart, being unable to prevent
their recurrence by his hand or his tongue), is (also) safe (so far as Allah’s
wrath is concerned). But one who approves of their bad deeds and imitates them
is spiritually ruined. They asked. “Shouldn't we fight against them?” He
replied: No, as long as they still pray” and prayer here is a metaphor
for ruling by Islam.
Part of accounting is
Muslims disputing at the start of the issue and at the head of them is Umar
(ra) who did that to Abu Bakr (ra) when he was insistent to fight against the
apostates. Muslim and al-Bukhari reported from Abu Hurayrah who said, “When
the Prophet died and Abu Bakr became his successor and some of the Arabs
reverted to disbelief, Umar said, "O Abu Bakr! How can you fight these
people although the Messenger of Allah said, “I have been ordered to fight the
people till they say: None has the right to be worshipped but Allah, and
whoever said, None has the right to be worshipped but Allah, Allah will save
his property and his life from me, unless (he does something for which he
receives legal punishment) justly, and his account will be with Allah?” Abu
Bakr said, “By Allah! I will fight whoever differentiates between prayers and
Zakat as Zakat is the right to be taken from property (according to Allah's
Orders). By Allah! If they refused to pay me even a kid they used to pay to the
Messenger of Allah, I would fight with them for withholding it.” Umar said, “By
Allah: It was nothing except that I noticed Allah opened Abu Bakr's chest
towards the decision to fight, therefore I realised that his decision was
right.””
Likewise, Bilal Bin Rabah (ra) and al-Zubayr (ra) and others disputed
with Umar (ra) about his decision regarding splitting the land of Iraq between
the fighters, and how a Bedouin argued with Umar (ra) regarding protecting some
of the land; Abu ‘Ubayd narrated
in al-Amwal from Aamir[s2]
Bin ‘Abd Allah Bin al-Zubayr, I consider it to be from his father, who said “A
Bedouin came to Umar and said O Amir of the believers, we fought over our land
in Jahiliyyah, and we gave it up in Islam – will you protect it? Umar bowed his
head and blew and twisted his moustache – and if an issue would trouble him he
would twist his moustache and blow – so when the Bedouin saw what he was doing
he repeated himself, and so Umar said: The property is the property of Allah,
and the Slaves are the Slaves of Allah, I swear by Allah had I not been charged
with that in the Path of Allah I would not have protected a handspan of the
land”, and Umar (ra) used to protect some of the land from the
general property for the Muslim cavalry. In the same way a woman accounted him
over his prohibition of people increasing the mahr over four hundred dinar, saying to him: “This is not
for you Umar – did not you hear the words of Allah “But if you intend to
replace a wife by another and you have given one of them a Qintar (of gold i.e.
a great amount as Mahr), take not the least bit of it back” (TMQ 4:20),
and so he said the woman is correct and Umar (ra) is wrong.
In this way, the
explanation for this article has been made clear in that the Messenger
established a specific apparatus for the State
with a specific form and applied that until he met His Lord (swt). The
righteous khulafaa’ after him continued upon the same method, ruling
according to this apparatus that the Messenger
set
up, as seen and heard by the companions, and for this reason it is specified
that the apparatus of the Islamic State should be upon this form.
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