The Islamic state
In Arabic, the word Al Dawlah means linguistically the “Ghalaba”, i.e. the supremacy, it is also a term used to indicate the change of time; it is also said: The days have alternated or rotated, i.e. they have changed; or Allah (swt) alternates it between people etc. States change and vary according to the change of concepts, the change of times and the change of peoples. The State is a word of terminology which refers to an authority that commands and prohibits a group of people who live in a certain piece of land. However, the definition of the state differs due to the difference of viewpoints and nations towards its reality.
The westerners for instance, despite the different viewpoints they hold towards the reality of the state and towards the type of rule within the state, whether this were religious, as was the case in the medieval times, or dictatorial or democratic, all agree that the state is reflected in the land, its peoples and its rulers, and that these three represent the cornerstones of the state. To them, the state is established over a specific peace of land, in which a specific group of people live permanently, and over whom a ruling authority presides.
As for the Islamic state, it is a ruling authority, and a political entity that looks after the citizens' affairs according to the Shari’ah rules; in other words, it is a Khaleefah ruling by what Allah (swt) has revealed and carrying Islam as a Message to the entire world. Allah (swt) has decreed that the Islamic state should be the method to implement the Shari’ah rules and to carry Islam by way of Da’awa and Jihad as a Message of guidance and light to the whole world.
The Islamic state does not consider its territory, nor its specific group of people as her cornerstones, although she has to have citizens for whom she runs their affairs, and a piece of land on which she is established; however, her citizens are growing in numbers at all times, and they include different races and colours; also the land over which she rules must not be confined within certain borders, but it must be expanding at all times. This is so because the Islamic state has a universal Message, and because Allah (swt) has ordered her to carry that Message to the whole world, and to invite all people, be they black, white, brown, yellow, Arab, non-Arab, European, American or Russian to Islam, and to enter into the Deen of Allah (swt). Therefore, any race and any people, who respond to the call, and believe in Islam, would become part of the state's subjects, and their land becomes part of her land. Also, any land which the Islamic state carries the Message to and conquers by way of Jihad, that land becomes part of her land and under her authority and her rule, even if its people did not embrace Islam.
The state as it stands, is born out of new thoughts on which it bases itself; the authority in the state changes when these thoughts change once power is seized. For when the thoughts turn into concepts and convictions, one's behaviour is affected, and he becomes fashioned by these concepts, thus his viewpoint vis-a-vis life would change, and consequently his viewpoint towards relationships and interests change as well. The authority is established in order to look after the people's affairs, relationships and interests.
The Islamic state was established by the Messenger of Allah (saw) as soon as he set foot in Madinah, after he had taken the second pledge (Baya'a) of Al-Aqaba from the Ansar, a pledge of protection and war, and a pledge to hand the authority in Madinah to the Messenger of Allah (saw). The birth of the Islamic state was the result of a new Aqeeda and a host of new concepts adopted by those who believed in him (saw); these concepts generated in his followers a new viewpoint about life, which in turn changed their viewpoint towards relationships and interests.
The Messenger of Allah (saw) built the Islamic state in Madinah on the basis of this Aqeeda, and on the concepts which emanated from it, despite the fact that the verses of legislation had not been revealed yet. She was therefore a new state, built on a new Aqeeda, and on a host of new thoughts and concepts.
The Islamic state is unique in her nature, her structure, what she stands for and the basis on which she is built. She is completely different from the nature and the structure of all the existing states in the world. She is a state founded on the Islamic Aqeeda, the Aqeeda of “There is no god but Allah, Muhammad is the Messenger of Allah”, which is a comprehensive thought about life, and according to which and to the concepts which emanated from it, the Muslims viewpoint about life has been determined; this viewpoint leads to the belief that life is created by a Creator, and that it is conducted by the commands and prohibitions of the Creator. For the Muslims, it is a foregone conclusion that there is no legislator but Allah (swt),and that there is no sovereignty in this life and in this Islamic state except to the rule of Allah (swt), not to the Ummah, nor the people, nor the ruler. Sovereignty is rather to the law of Allah alone.
Therefore, the Ummah and the ruler alike, have no mandatory powers to legislate any rule or any system or any law other than that revealed by Allah (swt) upon His Messenger (saw). Even if the Ummah were to commonly consent on legislating any rule that contradicts one of the Islamic rules, her consent would have no value whatsoever. So, if for instance, the Ummah were to consent on legalising Usury, under the pretext that the economy and the trade could not prosper without it, or if the Ummah were to consent on legitimising sexual relationships outside marriage, under the pretext that it is personal freedom, or if she were to prohibit the killing of the apostate from Islam, under the pretext that his killing would violate human rights, or if the state was to consent to have more than one doctrine or belief as a state or the succession to power of Muslims or even secular parties under the pretext of democracy, all these types of common consensus, if they ever took place, wouldn't have any consideration whatsoever, for they contradict the Islamic rules, the sovereignty of Shari’ah, and the belief that Allah is The Only Legislator, and not humans.
The fact that the Islamic Aqeeda acts as the basis of the Islamic state, means that there is no place for anyone, be they rulers, judges, intellectuals, politicians, members of the Shura council, Ummahs council or parliamentarians to legislate any rule in order to organise people's relationships, nor to adopt a constitution, or to adopt a system, or enact a state law to be implemented by the rulers in the Islamic state, if these were other than what Allah (swt) has revealed. It is also forbidden for the rulers to force people or even give them a choice in following systems and laws laid down by humans in order to run their affairs.
When the Khaleefah according to his mandatory powers adopts a constitution or a system or a law, he must take these from the Book of Allah (swt) and the Sunnah of His Messenger (saw), by way of either his own Ijtihad (exertion) or that of the Muslim jurisprudents and learned scholars. This necessitates that the Islamic state's constitution, her systems and laws be taken from what Allah (swt) revealed to His Messenger (saw), i.e. taken from the Book of Allah and the Sunnah of His Messenger, and what they may guide to from the Qiyas (analogy made on Shari’ah texts) and the general consensus of the Sahaba.
It is therefore forbidden for the Islamic state to nurse any thought or to hold any concept, rule, constitution, law, or any criterion which does not emanate from the Islamic Aqeeda, and which is not derived from the Book of Allah and the Sunnah of His Messenger, or from a legitimate Qiyas or from the general consensus of the Sahaba. So it is therefore forbidden for the Islamic state to adopt the democratic way of life and the ruling systems democracy calls for, such as a multiplicity of beliefs, the succession to power of Muslims or those of secular belief, or the various types of freedoms, for all these do not emanate from the Islamic Aqeeda, nor are they taken from the Shari’ah rules, apart from the fact that they all contradict the Islamic rules. It is forbidden as well to have in the Islamic state any consideration to the concepts of nationalism, patriotism or autonomy (separation), because these concepts do not emanate from the Islamic aqeeda, and they all contradict Shari’ah rules, apart from the fact that the Islamic rules have abhorred and prohibited them and warned against adopting them. Furthermore, it is forbidden for the Islamic state to hold any monarchical, republican, dictatorial imperial concepts, for these do not emanate from the Islamic Aqeeda, and they are not taken from the Shari’ah rules, beside the fact that they contradict the Shari’ah rules.
Allah (swt) has commanded all the Muslims, including the rulers, to abide by Islam and to comprehensively implement all of its rules exactly as they have been revealed; Allah (swt) says:
“Do take all that the Messenger of Allah has brought to you, and do refrain and keep away from all that he prohibited for you, and fear Allah for Allah is swift in punishment” [TMQ 59:7]
The Arabic word "Ma" in the verse is a form of generality, thus it indicates the obligation of acting upon all the duties, and to refrain from all the prohibitions. The request of taking and refraining in the verse is decisive and it is obligatory, because there is a conjunction acting as evidence about this at the end of the verse where Allah (swt) orders us to be pious and warns us against the severe punishment awaiting those who do not take all that the Messenger (saw) has brought and do not refrain from all that he (saw) prohibited.
Allah (swt) has also ordered His Messenger (saw) to rule by what He revealed; He (swt) says:
“And rule between them by what Allah has revealed” [TMQ 5:49]
This is a decisive command from Allah (swt) to His Messenger and to all the Muslim rulers after him, to rule by all the rules that He (swt) has revealed, whether these were commands or prohibitions, for again the word "Ma"" in the verse indicates the form of generality, thus it engulfs all the revealed rules.
Allah (swt) has also forbidden His Messenger, as well as all the Muslim rulers after him, from following people's whims and submitting to their desires, for He (swt) says:
“And do not follow their vain desires” [TMQ 5:49]
He (swt) has also warned His Messenger (saw) and all the rulers after him against falling for people's corruption and against being lured away from implementing what Allah (swt) has revealed to him. Allah (swt)has described he who rules by other than what He revealed as being a disbeliever if he were to believe in what he ruled by, or if he were to believe in the invalidity of what Allah (swt) has revealed. He (swt) says:
“And whoever does not rule by what Allah has revealed, they are the disbelievers” [TMQ 5:44]
He (swt) described he who rules by other than what He revealed, without believing in what he rules by, as a fasiq (rebel) and dhalim (wrongdoer).
The implementation of the Islamic rules must be complete, comprehensive and simultaneous, not gradual, for the gradual implementation flagrantly contradicts the Islamic rules, and this would render he who does not implement all of Allah's rules, or he who implements some and ignores some of the rules, a disbeliever if he did not believe in the validity of Islam, or if he did not believe in the validity of even some of the Shari’ah rules which he had ignored; it would also render him a rebel and a wrongdoer if he were not implementing all of the Islamic rules but he still believed in the validity of implementing Islam.
Therefore, there should be no complacency in the implementation of all the Shari’ah rules, nor should there be any gradual implementation of the rules, for there is no difference between one obligation and another, nor is there a difference between a prohibition and another, nor between a rule and another; the rules of Allah (swt) are equal and they must all be all implemented without any delay, postponement or graduation, otherwise the following verse would apply to those who do so. Allah (swt) says:
“So do you believe in some part of the Book and disbelieve in some. The penalty awaiting those who do this is nothing but humiliation in this life and the severest of punishment on the day of Judgement. For Allah is aware of all you do” [TMQ 2:85]
Therefore, there is no excuse for not implementing all of the rules of Islam; pretexts such as the inability to implement the Islamic rules, or the absence of the appropriate circumstances, or the fact that the world public opinion is against the implementation of Shari’ah, or that the superpowers do not allow us to implement it, or any other trivial excuses that have no value whatsoever, are unacceptable.
The Islamic state is a human state and not a holy one, and the Khulafa’ and Imams who run her are human beings, they have no holiness nor infallibility. It is the Ummah who appoints them and not Allah (swt), for Allah has ordained the authority i.e. the rule to the Ummah, and He (swt) has delegated the appointment of the Khaleefah to her by the Baya'a (pledge of allegiance), so that he undertakes the rule and the authority on her behalf. Abdullah Ibn Amr Ibnul A'as reported: I heard the Messenger of Allah(saw) say: “Whoso pledged allegiance to an Imam giving him the clasp of his hand and the fruit of his heart shall obey him as much as he can.” Abdullah Ibnu Omar reported: I heard the Messenger of Allah (saw) say: “And whoso dies while there was no allegiance on his neck dies a death of the days of ignorance.” The Khaleefah implements the Shari’ah rules on behalf of the Ummah, and he who resumes the post of the Khaleefah would be entrusted with all the mandatory powers of rule and authority, and he would reserve the right to adopt the systems, laws and rules. He who undertakes the post of Khaleefah would merely be a human, it is possible that he could err, forget, lie, betray or rebel, he would not be infallible, for infallibility is exclusive to the Prophets and Messengers.
The Messenger of Allah (saw) has informed us that the Imam, who is the Khaleefah, can make mistakes, and he could commit an injustice or a sin, which would make people hate him for it, or curse him; he (saw) informed us that he may commit flagrant disbelief. All this contradicts infallibility and negates that the Imam and Khaleefah could be infallible. Muslim reported on the authority of Abu Hurayra that the Messenger of Allah (saw) said: “Behold, the Imam is but a shield from behind which people fight and by which they protect themselves”. Muslim also reported on the authority of Auf Ibnu Malik that the Messenger of Allah(saw) said: “The best of your Imams 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”. Bukhari also reported on the authority of Ubada Ibnus-Samit who said: The Messenger of Allah (saw) called upon us so we gave him the pledge of allegiance. We pledge ourselves to him in complete obedience, in well and woe, in ease and hardship in preference over ourselves, and that we would not dispute with the people in authority; and he (saw) said: “Unless you witness an act of flagrant disbelief of which you have proof from Allah.” These Ahadith serve as a clear indication that the Imam or the Khaleefah can make mistakes, and he can commit a sin, which indicates clearly that the Imam or the Khaleefah are not infallible.
Therefore, Allah (swt) has ordered the Muslims to hold the ruler accountable; this He (swt) made their right, for the ruler has no holiness, and no infallibility, and because he may make mistakes, and he may commit a sin and even acts of disbelief, despite the fact that he is their representative in rule and authority, and despite the fact that it is them who appoint him.
Allah (swt) says:
“And let there arise out of you a group calling to the Goodness, commanding what is right and forbidding what is evil.” [TMQ 3:104]
When the Messenger of Allah (saw) was asked: What is the best Jihad? He (saw) replied: “A word of truth uttered before a tyrant man of authority.” He (saw) also said: “The master of martyrs is Hamza Ibnu Abdul-Muttalib, and a man who stood up to a tyrant Imam to command him and prohibit him and was killed.” In the Sunan (book of Hadith) of Abu Dawood on the authority of Abdullah Ibnu Mas'ud, the Messenger of Allah (saw) is reported to have said: “No by Allah, you shall command what is right and forbid what is evil, and you shall hold the hand of the oppressor and you shall curb him and confine him to following the truth.” In another narration of Ibnu Mas'ud's Hadith he (saw) added: “Or Allah shall strike animosity between your hearts and then He shall curse you just like He cursed them.”
Islam commands us in some cases to go further than just holding the ruler accountable with our tongues, it commands us to take-up arms against the Khaleefah if he showed acts of flagrant disbelief that was not there in the first instance, as mentioned in the narration of Ubada Ibnus-Samit: “And that we shall not dispute with the people in authority”; and he (saw) said: “Unless you witness an act of flagrant disbelief of which you have proof from Allah.”
O Muslims, this is the Islamic state which Allah (swt) has commanded all the Muslims to establish, and which we invite you to work with us towards establishing, in order to bring about a "Khilafah Rashida" on the method of Prophethood, and realise the goodness in which the Messenger of Allah (saw) said: “And then it will be a Khilafah Rashida on the method of Prophethood”
Friday, September 25, 2009
The Fardiyyah (obligation) of working for Khilafah
The revival of an obligation
The obligation we are about to discuss is something the Muslims took for granted, for well over a thousand years, much like the obligation of Salah (prayer) and fasting today which, al-hamdu lillah, are not open to discussion and debate. However the Prophet (Sallalahu Alaihi Wasallam) did warn us there would come a time when the Deen will become strange and unrecognizable to the people and those carrying its Call will be seen as strange due to the Message that they carry.
He (Sallalahu Alaihi Wasallam) said:
''Islam began strange and it shall return strange. So glad tiding to the Strangers.'' [Reported by Muslim]
This hadith holds a meaning that is especially reflective of our times, for in the last hundred years this noble Ummah has witnessed the destruction of her State and with that, due to the colonization of her lands by the colonialists, the crushing tidal wave of the western culture. The western culture completely engulfed her to the point of suffocation. It turned black into white and white into black. Never did the Ummah encounter such cultural strangulation, which left her bewildered and confused about the most basic and rudimentary tenets of her Deen. To cause maximum damage the colonialists chose their targets carefully when they unleashed their degenerate culture upon us: they attacked the notion of one Ummah by disseminating the idea of nationalism and nationhood. The Sharee'ah was depicted as barbaric, harking back to a medieval age but not suited to an age of reason and modernity. Whilst the ruling system of Islam, the Islamic Khilafah, was nothing short of despotism justified under the name of religion.
So what impact did this western polemic have upon the sons of this Ummah? First of all the effect was mostly noticeable amongst the scholars, authors and men of letters. Some answered back but with an apologetic tone – so the Khilafah was deemed to be a democratic system all along– whilst a handful who had succumbed to the western culture even denied it as having any Sharee'ah legitimacy, such as the likes of 'Ali Abd ar-Raaziq who, which will come as no surprise, was influenced by none other than the Kaafir orientalist Sir Thomas Arnold! For example in his book: 'al-Islam wa Usul al-Hukm' after attempting to prove that there is no daleel (evidence) for Khilafah in the Ayah:
''O you who believe! Obey Allah and obey the Messenger and those in authority from amongst you'' [4:59]
he says on page 11: 'If you want to find out more on this discussion then please refer to the book 'The Caliphate' by the scholar Sir Thomas Arnold. The explanation in chapter two and three of that book is excellent and convincing' This book, quite opportunely it seems, was published a year after the Khilafah was destroyed in 1925. In it he went to great pains to argue that the above and other such hadith and ayat which command the obedience to a Khaleefah do not establish the obligation to appoint a Khaleefah because they apply only when an imam exists and if he does not exist then there is no obligation to appoint one. To prove this he adduced the following breathtaking argument: 'Are we not ordered by the Sharee'ah to be generous to beggars, respect the poor and treat them well and show kindness to them? So can anyone who has any intelligence say that this means the Sharee'ah has obliged us to bring about paupers and orphans?' [al-Islam wa Usul al-Hukm' pp.125-126, in edition published by al-Mu`assasa al-'Arabiyyah lid dirasaat wan nashr.]
In time a sense of apathy towards the issue of Khilafah reigned over the Ummah and in cases even embarrassment. Many saw the Khilafah as a relic of the past and which should remain in the past or simply impossible to implement in this day and age; hence there was no alternative but to make recourse to secularism. This was a time of great turmoil and change for the Ummah. This is the time when we witnessed the hadith of the Messenger (Sallalahu Alaihi Wasallam) unfolding before our eyes when he (Sallalahu Alaihi Wasallam) said:
''Verily, the knots of Islam will be undone one by one. Whenever one knot is lost then the people grabbed onto the one which came after it. The first of these knots will be the Ruling and the last will be the Salah.'' [Reported by At-Tabaraani]
And in another version:
''Verily, the knots of Islam will be undone and there shall be misguided rulers.'' [Authenticated by al-Hakim in his Mustadrak]
After losing the Khilafah, like people clutching at whatever they can on a sinking ship, the Ummah grabbed onto whatever remained of the Deen as poignantly depicted in the hadith above. However, the good is, and always will be, in this Ummah and it was not long before she started embarking on the path of awakening due to the work of the sincere Da'wah carriers. One by one she began to reclaim the knots she had lost and now she is poised to reclaim that final knot; the knot of Ruling by Islam.
Today, by Allah's Grace and Mercy, the notion of Khilafah is not strange to the Ummah, except to those of course who have been inebriated by the western culture. However, it is important to go beyond the recognition of this obligation and to familiarize ourselves with its detailed evidences. Like all other obligations it should be anchored deep within the hearts and minds of the Ummah such that it can never be expunged from her memory again.
The hadith of our times
The evidences for Khilafah are many. But the evidence I wish to discuss perfectly describes our reality today: which is that we live at a time when no Khaleefah exists. And that evidence is the hadith reported by Imam Muslim on the authority of Nafi' that the Messenger (Sallalahu Alaihi Wasallam) said:
''The one who removes his hand from obedience he will meet Allah without a proof for himself' and Whosoever dies without a bay'ah on his neck dies the death of Jahiliyyah.''
This hadith provides the Hukm Shar'i for a situation when Muslims die without the presence of a Khaleefah to rule over them. Perhaps, this is what explains the Fuqahaa`s (jurists) relative silence over this hadith while the numerous other evidences which establish the obligation of Khilafah have received greater attention and scrutiny. In short, they could not imagine a situation when a Muslim would die without the presence of a Khaleefah; that was simply unthinkable! Hence the discussion tended to centre on the obligation of appointing a Khaleefah after the death of the previous Khaleefah. Or that it is obligatory to obey the existing Khaleefah and so having a Khaleefah must be obligatory.
However, one thing is for sure; the unthinkable has happened and the Khilafah has been destroyed and Muslims are dying while they have no Khaleefah over them. So what better evidence to start off with than the hadith which directly addresses our reality?
The process of extraction
What is the Manaat (reality) of the text?
The hadith is describing not one but two types of people since it came in two parts as indicated by the waw al-isti`naaf or ibtidaa` (in English the word 'and' is used) (ie the disjunctive syntax where the waw begins a new sentence) . In the first part it says 'The one who removes his hand from obedience he will meet Allah without a proof for himself' This is when the Khaleefah exists and someone withholds his obedience to the Khaleefah. As for the second part it is not describing the same person since the waw al- isti`naaf indicates it is beginning a new sentence to make a different point. This time he (Sallalahu Alaihi Wasallam) says: And (waw al- isti`naaf) the one who dies without a bay'ah on his neck he dies the death of jahiliyyah' This is further confirmed by the fact that he repeats the personal pronoun 'man' (the one who or whosoever). This also indicates the hadith discusses two types of people in two different situations.
To appreciate this point better let us look at another hadith where exactly the same thing happens:
He (Sallalahu Alaihi Wasallam) said: man maata fee sabeelillah fahuwa shaheed wa man maata bit-taa'oon fahuwa shaheed [sahih Muslim]
''The one who dies in the Path of Allah he is shaeed and (waw al- isti`naaf) the one who dies in a plague he is a shaeed''
The death here occurs in two states separated by the waw al- isti`naaf. So the first death is in the Path of Allah whilst the second death occurs in a plague. It would be absurd if someone claimed here that the hadith is talking about the same situation.
Thus the hadith in question is talking about two different situations. The first situation as we said is when someone withholds his obedience to the existing Khaleefah. But what about the second part? The second part begins by saying: 'the one who dies without a bay'ah on his neck..' The waw al-Haal (waw of condition) in wa laysa fi 'unuqihi bay'ah clarifies the state in which the person dies, and in this case it is when he dies 'without a bay'ah on his neck'.
So what is that state when someone does without a bay'ah on his neck. It can't mean giving the bay'ah because the hadith did not say 'wa lam yu'til bay'ah' (and he did not give the bay'ah) let alone the fact that giving the bay'ah (pledge) is a kifayah duty (sufficiency) and not an individual obligation in the first place as indicated by the Ijma' as-sahabah (consensus of the Sahabah).
What explains the meaning of bay'ah on the neck is the fact that the contractual bay'ah does not require every single person to physically give it, rather it is enough for the Ahlul Halli wal 'Aqd (those who represent the Muslims) to give the bay'ah on behalf of the people. This means that a person living even outside the Islamic authority has a bay'ah on his neck if a Khaleefah has been contracted to his post by the representatives of the Muslims. In fact this was the basic format in which all the Khulafaa' ar-Rashidoon were appointed. None of them were appointed by a bay'ah which was given by the whole of the population of the Islamic state, rather it was always the representatives of the Muslims who appointed them. For example when 'Umar b. al-Khattab was elected as Khaleefah by the ahlul halli wal a'qd in Madinah the people of ash-Sham and Egypt did not have to give the bay'ah because the bay'ah was on their neck by virtue of the fact that the contractual bay'ah had taken place through their representatives the ahlul halli wal aqd. Those who died in ash-Sham and Egypt during the Khilafah of 'Umar b. al-Khattab did not die the death of jahiliyyah because they had the bay'ah on their necks even though they did not come to Madinah and physically give the bay'ah themselves. This is the difference between giving the bay'ah and having the bay'ah on one's neck. If however the representatives of the Muslims in Madinah after 'Umar's death did not appoint a Khaleefah then the Muslims of ash-Sham and Egypt would not have the bay'ah on their necks because the contractual bay'ah had not taken place i.e. a Khaleefah had not been appointed.
Thus, the hadith is very accurate in its description; it is not talking about giving bay'ah to a Khaleefah but rather having a: 'Bay'ah on the neck for a Khaleefah' which describes a situation when someone dies without the presence of a Khaleefah. Hence it is wrong to argue that one cannot use this hadith to prove the obligation of Khilafah by claiming that it is talking about situation when the Khaleefah exists. Such an assertion is not established by the internal indications of the text which show that the Haal (condition) described is the death which occurs when a Khaleefah is not present.
As for Ali Abd ar-Raaziq's argument that Sharee'ah has obliged us to look after beggars and orphans so does that mean if they don't exist we have to bring them about to fulfill this command or the argument that we are obliged to obey parents so does that mean we are obliged to bring them back if they die?! Such arguments to say the least are highly fatuous and cannot be considered as scholarly opinions for they disregard the fact that the ahkaam (rules) come with their asbaab (causes). The sabab (cause) of obedience to parents is their existence and hence upon their death the sabab (cause) ceases which means the hukm of obedience also ceases. Also the same applies to beggars and orphans in respect to the ahkaams (rules) which came pertaining to them. But this is different when it comes to appointing a Khaleefah because the sabab (cause) of the presence of a Khaleefah is the presence of the Jama'ah i.e. Ummah or community which has to look after its affairs by Islam. So if the community exists then Khaleefah must exist to look after their affairs.
The Prophet (Sallalahu Alaihi Wasallam) said in a hadith that has been narrated by Imam Ahmed in his Musnad;
''It is not allowed for three people to be in a fulaatin (journey) without appointing one of them as an Ameer.''
This hadith makes it clear that whenever a collection of Muslims exist i.e. jamaa'ah it is prohibited for them to exist except with an ameer i.e. therefore it is an obligation to appoint an Ameer WHEN there is any jama'ah i.e. the existence of jama'ah is the sabab (cause) of the obligation of appointing a Khaleefah.
In fact the term jama'ah in the Islamic text means State, authority, and Khaleefah. Let us look at the following hadith: Ibn 'Abbas narrated that Messenger (Sallalahu Alaihi Wasallam) said:
''The one who sees in his Ameer something which displeases him, let remain patient, for he who separates himself from the community (Jama'ah) by even so much as a hand span and dies (in this state), he will die the death of Jahiliyyah,'' (reported by Bukhari and Muslim.)
Here disobedience and rebellion against the Khaleefah is synonymous with separation from the Jama'ah. This is because it is obligatory on the Jama'ah to look after their affairs by Islam. Having a Khaleefah present means this duty is being fulfilled. But if he is disobeyed this means the obligation of looking after their affairs by Islam is being neglected since he is the one who undertakes this task. So the Jama'ah has to obey a Khaleefah so that their affairs can be looked after. The reason why a Khaleefah needs to exist is because the affairs cannot be looked after except by him. Thus, the sabab (cause) of the presence of a Khaleefah is the presence of Jamaa'ah which is obliged to look after its affairs by Islam. Hence, when the Messenger of Allah (Sallalahu Alaihi Wasallam) orders us to obey the Khaleefah this means by Ishaarah (alluded meaning) it is obligatory to appoint a Khaleefah for how can the Fard (obligation) of ruling by Islam be accomplished if he did not exist. So it is wrong to say a Khaleefah does not exist so we are not sinful for not appointing and obeying the Khaleefah. This is because the sabab (cause) is not his existence, rather the sabab (cause) of his presence is the presence of a Jamaa'ah which is obliged to look after its affairs by Islam.
We can see the same point much more clearly in another narration by Ibn 'Abbas which uses the word Sultan instead of Jamaa'ah:
''If anybody sees in his Ameer something which displeases him, he should remain patient, for he who separates himself from the authority (Sultan) by even so much as a hand span and dies thereupon, he would die the death of the days of ignorance,''[Reported by Muslim]
Here we can see that separation from Jamaa'ah and authority (sultan) are used synonymously. Authority (sultan) means the body which looks after the affairs. Jamaa'ah refers to the community whose affairs are looked after by the Khaleefah. The key thing in both is the obligation of looking after of the affairs which occasions the presence of a Khaleefah.
Also it is reported that 'Umar b. al-Khattab said:
''There is no Islam without Jamaa'ah and there is not Jamaa'ah without Imaarah (leadership). And there is no Imaarah (leadership) without obedience.'' (Reported by ad-Darimi in his Sunan)
i.e. there is no looking after of the affairs of the Jamaa'ah or authority (sultan) without an ameer (Imaarah) and naturally there can be no Ameer when there is no obedience to him. So the Jamaa'ah in order to exist ie for its affairs to be looked after must appoint an Ameer. And consequently obedience to this Ameer is obligatory because the obligation of looking after the affairs is not possible without an Ameer. Thus, when the Prophet (Sallalahu Alaihi Wasallam) ordered us to give allegiance (bay'ah) or obey the Khaleefah it has a greater meaning than when he orders us to feed the poor or look after our parents. We feed the poor because they are poor and we obey parents because they are parents. Thus when they cease to exist the hukm ceases. But our obedience to the Khaleefah is because he looks after the affairs of the Jamaa'ah which itself is an obligation. Thus when the Khaleefah dies the obligation of obedience to him does not cease because the sabab (cause) of the obedience still exists which is the looking after of the affairs. Hence, so as long as the cause of appointing a Khaleefah exists which is the presence of a Jamaa'ah whose affairs have to be looked after by Islam then the obligation of appointing him and obeying him remains even if he did not exist. This is the reason why the order to obey the Khaleefah by Ishaarah (alluded meaning) means the order to appoint him.
Let us consider the following ayah:
''O you who believe! Obey Allah and obey the Messenger and those in authority from amongst you'' [4:59]
Here we are obliged to obey those in authority because they are the ones who look after the affairs. So obedience is due as long the ruler looks after the affairs by Islam. Since looking after affairs by Islam is Fard then the obedience to them indicates by Ihsraah that they need to exist. In another hadith this point is made even more clearer:
''Even if a slave was appointed over you who leads you with the Book of Allah then hear and obey.''[reported by Muslim]
Here to emphasis the obedience to the one who looks after the affairs we are commanded in the style of mubaalagha (exaggeration) to obey even if the ameer is a slave. I.e. obedience is due because he looks after the affairs which is an obligation. Hence the order to obey indicates by ishaarat an-nass (alluded meaning from the text) the obligation of his presence.
Otherwise we are saying the hukm does not have be fulfilled because something necessary for its fulfillment does not exist even the though the sabab (cause) of the hukm still exists! For example if we apply this type of erroneous thinking on other ahkams look what happens: Jihad for instance is an obligation whose sabab (cause) is the presence of Kuffar under the authority of Kufr. So if Kuffar exist under dar al-kufr then Jihad exists. However to fulfill the Jihad one requires an Ameer by Iqtidaa (required meaning). Without an Ameer jihad cannot be undertaken and hence appointment of an Ameer becomes obligatory in order to fulfill Jihad because that which is necessary to fulfill a wajib is itself a waajib. So by Iqtidaa the presence of an Ameer becomes waajib. But if we follow the silly logic mentioned above the conclusion would be Jihad is not Fard because an Ameer does not exist! Such a conclusion is completely wrong because the sabab (cause) which caused the obligation of Jihad to exist is not the presence of an Ameer but the presence of Kuffar in Dar al-kufr. So as long as kuffar exist the Fard of jihad exists regardless of an Ameer's presence. Rather what we take from the existence of the Fard is that a Ameer needs to be appointed in order to fulfill the obligation.
Finally, the use of the expression 'man maata' deserves a further comment. The reference to the point of death indicates that the hukm (rule) must exist throughout his life. There cannot be a point in his life when he is in a state without a bay'ah on his neck i.e. without the presence of a Khaleefah. So the hukm is continuous unlike the ahkam of obeying parents where the hukm ends upon their death or the hukm of giving to the poor which ends when poverty ceases. But the obligation of having a Khaleefah over you never ceases because text says 'the one who dies' indicating the continuity of the hukm throughout the life of a person for he is not allowed to die in situation where the Khaleefah is not present.
What is the Hukm Shar'i?
The legislative value of the above discussion is that it allows us to extract two hukms: that it is Fard 'ayni (individual obligation) to have a Khaleefah present and also that it is Fard Kifayah (obligation of sufficiency) to appoint a Khaleefah.
As for the first hukm it is deduced from the request (talab) in the hadith that a Muslim should not die without a Khaleefah present. As we said before 'bay'ah on the neck' is not possible to have without the presence of the Khaleefah. So if it is not allowed to die without a bay'ah on the neck, this means it is not allowed to die without the presence of a Khaleefah. This type of indication (dalaalah) in Usul al-Fiqh is known as dalaalat al-Iqtidaa (the required meaning of the text). I.e. this is when the truthfulness or correctness of a statement (sidq al-mutakallim wa sihhatul malfooz bihi) cannot be established unless one understands the lafz (expression) in a certain way.
For example:
''And never will Allah grant to the disbelievers a way over the believers.''[4:141]
Here the mantooq (pronounced meaning) is Allah will not allow the kaafir to have authority over the believers. However, is this permission in terms of the occurrence of authority or prohibition of authority? It cannot be the fist because we know the kuffar in actuality have authority over the believers in Palestine and Kashmir so the only meaning which will give truthfulness to the statement is prohibition. So we say the mafhoom (implicit meaning) of this ayah through dalalat al-iqtidaa (required meaning) is that Allah prohibits that Kuffar have authority over the believers.
In the same manner the mafhoom (implied meaning) of 'bayah on the neck' is the presence of the Khaleefah by the required meaning (dalalaatul iqtidaa). Thus for the expression 'bayah on the neck' to be truthful we must understand it to mean presence of the Khaleefah.
Thus, the one who dies without the presence of the Khaleefah would be sinful due to the qaraa'in which make the request decisive. For example the preposition 'fee unuqihi' actually means 'ala unuqihi ie obligation to have on one's neck much like when we say in English someone has 'a debt on his neck' i.e. he has a debt he has to pay. We can also see the use of the 'ala in the following hadith of Prophet (Sallalahu Alaihi Wasallam) said:
wa 'alayka bis sam'I wat taa'ah fee 'usrika wa yusrika wa manshitika wa makrahika wa atharatin 'alayk
''It is obligatory for you ('alayka) to hear and obey the ruler in adversity and prosperity, in pleasure and displeasure, and even when another person is given (rather undue) preference over you.'' [Reported by Muslim in his Sahih/num:1836]
In addition to this is the explicit qareenah (indication) 'dies the death of Jahiliiayh'. The attribution of a death occurring in the days of Ignorance establishes beyond any doubt the decisiveness of the request. This means the command is a Fard which if neglected would entail sin and punishment. Also, since the personal pronoun 'man' is general this means it includes every single Muslim i.e. every individual faces death and therefore the indefinite term 'maata' i.e. dies, coupled with the negation is clear that every single individual is addressed and hence it is a Fard 'ayni (individual obligation) to have a Khaleefah present.
As a further proof of the above understanding let us look at other narrations of the same hadith. It has been narrated on the authority of 'Umar that the Messenger (Sallalahu Alaihi Wasallam) said:
''The One who dies without an Imam he dies the death of Jahiliyyah''. [Reported on the authority of 'Umar by at-Tabarani and Abu Nu'aym. The latter declared the hadith as authentic]
Yet in another hadith narrated on the authority of Ibn 'Umar by al-Hakim in his Mustadrak we have the following version:
''He who abandons the Jamaa'ah by even so much as a hand span is as if he has taken the knot of Islam off his neck, until he returns.' And he (Sallalahu Alaihi Wasallam) said: 'whoever dies while there was no Imaam of a Jamaa'ah ruling over him, his death would be that of the days of Jahiliyyah.''
It well known the scholars of hadith permitted the narration of hadith by meaning (riwayah bilma'na). So in the above hadiths the raawi (transmitter) narrated the meaning of the saying of the Prophet (Sallalahu Alaihi Wasallam). So whilst the extraction of the hukm from the man maata hadith in Sahih Muslim is from the implicit meaning (mafhoom), the above two hadiths however are even more explicit as they make the same point in the uttered meaning (manTooq). Incidentally, the hadith in Sahih Muslim and the one above from al-Hakim are both narrated by Ibn 'Umar. The first says 'bay'ah on the neck' while the second says 'while there was no Imaam of a Jamaa'ah ruling over him'. The meaning is same but the difference is that the former is understood from the implicit meaning (mafhoom) while the latter is taken from the uttered or pronounced meaning (mantooq).
As for the second hukm which is that it is Fard to appoint a Khaleefah, this is deduced from the dalalaatul Ishaarah (the alluded meaning of the text). The ishaarah is a hukm derived from the text which was not intended directly from the speech.
For example when Allah (Subhanahu wa ta'ala) says:
''He were are commanded to ask those who know if we do not know.''
This cannot be done without the presence of Mujtahideen and hence the presence of mujtahideen in every age obligation in order to find out the sharee'ah rule on a matter. The ayah did not directly mention the obligation of having mujtahideen but it is understood from the ishaarah when it commanded us to ask those who know if we do not know. In the same manner the 'man maata' hadith establishes the obligation of having a Khaleefah present, this means by ishaarah that it is an obligation to appoint a Khaleefah. Therefore, when the text says it is Fard to have a Khaleefah present it also alludes to the obligation of appointing a Khaleefah such that he is present over us.
Thus, the above hadith clearly establishes the obligation of having a Khaleefah over us and the obligation of working to appoint a Khaleefah.
On WHOM does the Hukm shar'i apply? Is it an individual (Fard 'ayni) or collective obligation (Fard kifaa`i) and what does that mean for the Muslim ?
The obligation of having a Khaleefah present is an individual duty. This is because the personal pronoun 'man' ( which means whoever) is from the general expression (seeghatul 'umoom) and it encompasses all people. Its nature is such that if the Khaleefah is present then he is present for all and if he is absent then he is absent for all thus the obligation covers all people. It is well known in Usul that the general remains general until there is another evidence to specify it. Yes the insane, non-baligh are excluded from this generality but that is not from the mind but there is a text to say they are not legally responsible (ghayr mukallaf) and hence they cannot be held responsible for duties they did not have capacity for.
He (Sallalahu Alaihi Wasallam) said:
''Three types of people are exempted from accountability, the one who sleeps until he wakes up, a child until he reaches the age of puberty and the insane until he is cured.''[Reported by Abu Dawood]
Thus, the general remains in its generality unless another text comes to specify it. And in this case the obligation of having a Khaleefah present is on every legally responsible (mukallaf) Muslim whether man, woman, layman or scholar.
As for the obligation of appointing a Khaleefah this is Fard kifaayah (obligation of sufficiency). However this should not be taken as an excuse for inaction. This is because in terms of obligation (wujoob) and removal of the sin (isqaat) the Fard 'ayn and kifayah are the same. This is because Fard means the Legislator has demanded in a decisive form the performance of an action which if neglected will result in sin. Thus the obligation to fulfill the command is on all. Only if the command has been fulfilled by some then the sin is removed from the rest. This is because the consideration is for the accomplishment of the Fard and not the undertaking of the Fard. Until and unless the Fard is accomplished it continues to be an obligation on all no matter how many people undertook it. That is why the definition of Fard kifayah is: 'What some have accomplished then the rest are absolved from sin' (maa aqaamuhul ba'd saqata 'anil baaqeen) not 'what some have undertaken …' (maa qaama bihil ba'd). There is a big difference between undertaking an action and accomplishing it. So until the Fard is accomplished the obligation remains on all. That is why if the kifayah obligation neglected everyone is sinful and not just a few people.
For example it is Fard Kifayah for a group to respond when salam is given to them. The obligation remains on all of them until the obligation is fulfilled. If one responds with the salam and the Fard is accomplished then all are saved from sin because the consideration is the accomplishment of the Fard but if no one respond then all are sinful. Thus Fard kifayah and 'ayn are the same in obligation and removal of the sin.
So it is wrong for someone to say appointing a Khaleefah is Fard kifayah so let some people do it and we will be saved. This will not save that person on the Day of judgment because the Fard has not been accomplished and hence the obligation remains on every single neck. The Ummah has only three days and two nights to choose a Khaleefah, if they fail to do this after this time the obligation continues on all and those who undertake the Fard are saved from the sin. But those who neglect will be sinful for not fulfilling their Lord's command and they will have to explain themselves to Him on the Day when His Account (Hisab) is swift.
The obligation we are about to discuss is something the Muslims took for granted, for well over a thousand years, much like the obligation of Salah (prayer) and fasting today which, al-hamdu lillah, are not open to discussion and debate. However the Prophet (Sallalahu Alaihi Wasallam) did warn us there would come a time when the Deen will become strange and unrecognizable to the people and those carrying its Call will be seen as strange due to the Message that they carry.
He (Sallalahu Alaihi Wasallam) said:
''Islam began strange and it shall return strange. So glad tiding to the Strangers.'' [Reported by Muslim]
This hadith holds a meaning that is especially reflective of our times, for in the last hundred years this noble Ummah has witnessed the destruction of her State and with that, due to the colonization of her lands by the colonialists, the crushing tidal wave of the western culture. The western culture completely engulfed her to the point of suffocation. It turned black into white and white into black. Never did the Ummah encounter such cultural strangulation, which left her bewildered and confused about the most basic and rudimentary tenets of her Deen. To cause maximum damage the colonialists chose their targets carefully when they unleashed their degenerate culture upon us: they attacked the notion of one Ummah by disseminating the idea of nationalism and nationhood. The Sharee'ah was depicted as barbaric, harking back to a medieval age but not suited to an age of reason and modernity. Whilst the ruling system of Islam, the Islamic Khilafah, was nothing short of despotism justified under the name of religion.
So what impact did this western polemic have upon the sons of this Ummah? First of all the effect was mostly noticeable amongst the scholars, authors and men of letters. Some answered back but with an apologetic tone – so the Khilafah was deemed to be a democratic system all along– whilst a handful who had succumbed to the western culture even denied it as having any Sharee'ah legitimacy, such as the likes of 'Ali Abd ar-Raaziq who, which will come as no surprise, was influenced by none other than the Kaafir orientalist Sir Thomas Arnold! For example in his book: 'al-Islam wa Usul al-Hukm' after attempting to prove that there is no daleel (evidence) for Khilafah in the Ayah:
''O you who believe! Obey Allah and obey the Messenger and those in authority from amongst you'' [4:59]
he says on page 11: 'If you want to find out more on this discussion then please refer to the book 'The Caliphate' by the scholar Sir Thomas Arnold. The explanation in chapter two and three of that book is excellent and convincing' This book, quite opportunely it seems, was published a year after the Khilafah was destroyed in 1925. In it he went to great pains to argue that the above and other such hadith and ayat which command the obedience to a Khaleefah do not establish the obligation to appoint a Khaleefah because they apply only when an imam exists and if he does not exist then there is no obligation to appoint one. To prove this he adduced the following breathtaking argument: 'Are we not ordered by the Sharee'ah to be generous to beggars, respect the poor and treat them well and show kindness to them? So can anyone who has any intelligence say that this means the Sharee'ah has obliged us to bring about paupers and orphans?' [al-Islam wa Usul al-Hukm' pp.125-126, in edition published by al-Mu`assasa al-'Arabiyyah lid dirasaat wan nashr.]
In time a sense of apathy towards the issue of Khilafah reigned over the Ummah and in cases even embarrassment. Many saw the Khilafah as a relic of the past and which should remain in the past or simply impossible to implement in this day and age; hence there was no alternative but to make recourse to secularism. This was a time of great turmoil and change for the Ummah. This is the time when we witnessed the hadith of the Messenger (Sallalahu Alaihi Wasallam) unfolding before our eyes when he (Sallalahu Alaihi Wasallam) said:
''Verily, the knots of Islam will be undone one by one. Whenever one knot is lost then the people grabbed onto the one which came after it. The first of these knots will be the Ruling and the last will be the Salah.'' [Reported by At-Tabaraani]
And in another version:
''Verily, the knots of Islam will be undone and there shall be misguided rulers.'' [Authenticated by al-Hakim in his Mustadrak]
After losing the Khilafah, like people clutching at whatever they can on a sinking ship, the Ummah grabbed onto whatever remained of the Deen as poignantly depicted in the hadith above. However, the good is, and always will be, in this Ummah and it was not long before she started embarking on the path of awakening due to the work of the sincere Da'wah carriers. One by one she began to reclaim the knots she had lost and now she is poised to reclaim that final knot; the knot of Ruling by Islam.
Today, by Allah's Grace and Mercy, the notion of Khilafah is not strange to the Ummah, except to those of course who have been inebriated by the western culture. However, it is important to go beyond the recognition of this obligation and to familiarize ourselves with its detailed evidences. Like all other obligations it should be anchored deep within the hearts and minds of the Ummah such that it can never be expunged from her memory again.
The hadith of our times
The evidences for Khilafah are many. But the evidence I wish to discuss perfectly describes our reality today: which is that we live at a time when no Khaleefah exists. And that evidence is the hadith reported by Imam Muslim on the authority of Nafi' that the Messenger (Sallalahu Alaihi Wasallam) said:
''The one who removes his hand from obedience he will meet Allah without a proof for himself' and Whosoever dies without a bay'ah on his neck dies the death of Jahiliyyah.''
This hadith provides the Hukm Shar'i for a situation when Muslims die without the presence of a Khaleefah to rule over them. Perhaps, this is what explains the Fuqahaa`s (jurists) relative silence over this hadith while the numerous other evidences which establish the obligation of Khilafah have received greater attention and scrutiny. In short, they could not imagine a situation when a Muslim would die without the presence of a Khaleefah; that was simply unthinkable! Hence the discussion tended to centre on the obligation of appointing a Khaleefah after the death of the previous Khaleefah. Or that it is obligatory to obey the existing Khaleefah and so having a Khaleefah must be obligatory.
However, one thing is for sure; the unthinkable has happened and the Khilafah has been destroyed and Muslims are dying while they have no Khaleefah over them. So what better evidence to start off with than the hadith which directly addresses our reality?
The process of extraction
What is the Manaat (reality) of the text?
The hadith is describing not one but two types of people since it came in two parts as indicated by the waw al-isti`naaf or ibtidaa` (in English the word 'and' is used) (ie the disjunctive syntax where the waw begins a new sentence) . In the first part it says 'The one who removes his hand from obedience he will meet Allah without a proof for himself' This is when the Khaleefah exists and someone withholds his obedience to the Khaleefah. As for the second part it is not describing the same person since the waw al- isti`naaf indicates it is beginning a new sentence to make a different point. This time he (Sallalahu Alaihi Wasallam) says: And (waw al- isti`naaf) the one who dies without a bay'ah on his neck he dies the death of jahiliyyah' This is further confirmed by the fact that he repeats the personal pronoun 'man' (the one who or whosoever). This also indicates the hadith discusses two types of people in two different situations.
To appreciate this point better let us look at another hadith where exactly the same thing happens:
He (Sallalahu Alaihi Wasallam) said: man maata fee sabeelillah fahuwa shaheed wa man maata bit-taa'oon fahuwa shaheed [sahih Muslim]
''The one who dies in the Path of Allah he is shaeed and (waw al- isti`naaf) the one who dies in a plague he is a shaeed''
The death here occurs in two states separated by the waw al- isti`naaf. So the first death is in the Path of Allah whilst the second death occurs in a plague. It would be absurd if someone claimed here that the hadith is talking about the same situation.
Thus the hadith in question is talking about two different situations. The first situation as we said is when someone withholds his obedience to the existing Khaleefah. But what about the second part? The second part begins by saying: 'the one who dies without a bay'ah on his neck..' The waw al-Haal (waw of condition) in wa laysa fi 'unuqihi bay'ah clarifies the state in which the person dies, and in this case it is when he dies 'without a bay'ah on his neck'.
So what is that state when someone does without a bay'ah on his neck. It can't mean giving the bay'ah because the hadith did not say 'wa lam yu'til bay'ah' (and he did not give the bay'ah) let alone the fact that giving the bay'ah (pledge) is a kifayah duty (sufficiency) and not an individual obligation in the first place as indicated by the Ijma' as-sahabah (consensus of the Sahabah).
What explains the meaning of bay'ah on the neck is the fact that the contractual bay'ah does not require every single person to physically give it, rather it is enough for the Ahlul Halli wal 'Aqd (those who represent the Muslims) to give the bay'ah on behalf of the people. This means that a person living even outside the Islamic authority has a bay'ah on his neck if a Khaleefah has been contracted to his post by the representatives of the Muslims. In fact this was the basic format in which all the Khulafaa' ar-Rashidoon were appointed. None of them were appointed by a bay'ah which was given by the whole of the population of the Islamic state, rather it was always the representatives of the Muslims who appointed them. For example when 'Umar b. al-Khattab was elected as Khaleefah by the ahlul halli wal a'qd in Madinah the people of ash-Sham and Egypt did not have to give the bay'ah because the bay'ah was on their neck by virtue of the fact that the contractual bay'ah had taken place through their representatives the ahlul halli wal aqd. Those who died in ash-Sham and Egypt during the Khilafah of 'Umar b. al-Khattab did not die the death of jahiliyyah because they had the bay'ah on their necks even though they did not come to Madinah and physically give the bay'ah themselves. This is the difference between giving the bay'ah and having the bay'ah on one's neck. If however the representatives of the Muslims in Madinah after 'Umar's death did not appoint a Khaleefah then the Muslims of ash-Sham and Egypt would not have the bay'ah on their necks because the contractual bay'ah had not taken place i.e. a Khaleefah had not been appointed.
Thus, the hadith is very accurate in its description; it is not talking about giving bay'ah to a Khaleefah but rather having a: 'Bay'ah on the neck for a Khaleefah' which describes a situation when someone dies without the presence of a Khaleefah. Hence it is wrong to argue that one cannot use this hadith to prove the obligation of Khilafah by claiming that it is talking about situation when the Khaleefah exists. Such an assertion is not established by the internal indications of the text which show that the Haal (condition) described is the death which occurs when a Khaleefah is not present.
As for Ali Abd ar-Raaziq's argument that Sharee'ah has obliged us to look after beggars and orphans so does that mean if they don't exist we have to bring them about to fulfill this command or the argument that we are obliged to obey parents so does that mean we are obliged to bring them back if they die?! Such arguments to say the least are highly fatuous and cannot be considered as scholarly opinions for they disregard the fact that the ahkaam (rules) come with their asbaab (causes). The sabab (cause) of obedience to parents is their existence and hence upon their death the sabab (cause) ceases which means the hukm of obedience also ceases. Also the same applies to beggars and orphans in respect to the ahkaams (rules) which came pertaining to them. But this is different when it comes to appointing a Khaleefah because the sabab (cause) of the presence of a Khaleefah is the presence of the Jama'ah i.e. Ummah or community which has to look after its affairs by Islam. So if the community exists then Khaleefah must exist to look after their affairs.
The Prophet (Sallalahu Alaihi Wasallam) said in a hadith that has been narrated by Imam Ahmed in his Musnad;
''It is not allowed for three people to be in a fulaatin (journey) without appointing one of them as an Ameer.''
This hadith makes it clear that whenever a collection of Muslims exist i.e. jamaa'ah it is prohibited for them to exist except with an ameer i.e. therefore it is an obligation to appoint an Ameer WHEN there is any jama'ah i.e. the existence of jama'ah is the sabab (cause) of the obligation of appointing a Khaleefah.
In fact the term jama'ah in the Islamic text means State, authority, and Khaleefah. Let us look at the following hadith: Ibn 'Abbas narrated that Messenger (Sallalahu Alaihi Wasallam) said:
''The one who sees in his Ameer something which displeases him, let remain patient, for he who separates himself from the community (Jama'ah) by even so much as a hand span and dies (in this state), he will die the death of Jahiliyyah,'' (reported by Bukhari and Muslim.)
Here disobedience and rebellion against the Khaleefah is synonymous with separation from the Jama'ah. This is because it is obligatory on the Jama'ah to look after their affairs by Islam. Having a Khaleefah present means this duty is being fulfilled. But if he is disobeyed this means the obligation of looking after their affairs by Islam is being neglected since he is the one who undertakes this task. So the Jama'ah has to obey a Khaleefah so that their affairs can be looked after. The reason why a Khaleefah needs to exist is because the affairs cannot be looked after except by him. Thus, the sabab (cause) of the presence of a Khaleefah is the presence of Jamaa'ah which is obliged to look after its affairs by Islam. Hence, when the Messenger of Allah (Sallalahu Alaihi Wasallam) orders us to obey the Khaleefah this means by Ishaarah (alluded meaning) it is obligatory to appoint a Khaleefah for how can the Fard (obligation) of ruling by Islam be accomplished if he did not exist. So it is wrong to say a Khaleefah does not exist so we are not sinful for not appointing and obeying the Khaleefah. This is because the sabab (cause) is not his existence, rather the sabab (cause) of his presence is the presence of a Jamaa'ah which is obliged to look after its affairs by Islam.
We can see the same point much more clearly in another narration by Ibn 'Abbas which uses the word Sultan instead of Jamaa'ah:
''If anybody sees in his Ameer something which displeases him, he should remain patient, for he who separates himself from the authority (Sultan) by even so much as a hand span and dies thereupon, he would die the death of the days of ignorance,''[Reported by Muslim]
Here we can see that separation from Jamaa'ah and authority (sultan) are used synonymously. Authority (sultan) means the body which looks after the affairs. Jamaa'ah refers to the community whose affairs are looked after by the Khaleefah. The key thing in both is the obligation of looking after of the affairs which occasions the presence of a Khaleefah.
Also it is reported that 'Umar b. al-Khattab said:
''There is no Islam without Jamaa'ah and there is not Jamaa'ah without Imaarah (leadership). And there is no Imaarah (leadership) without obedience.'' (Reported by ad-Darimi in his Sunan)
i.e. there is no looking after of the affairs of the Jamaa'ah or authority (sultan) without an ameer (Imaarah) and naturally there can be no Ameer when there is no obedience to him. So the Jamaa'ah in order to exist ie for its affairs to be looked after must appoint an Ameer. And consequently obedience to this Ameer is obligatory because the obligation of looking after the affairs is not possible without an Ameer. Thus, when the Prophet (Sallalahu Alaihi Wasallam) ordered us to give allegiance (bay'ah) or obey the Khaleefah it has a greater meaning than when he orders us to feed the poor or look after our parents. We feed the poor because they are poor and we obey parents because they are parents. Thus when they cease to exist the hukm ceases. But our obedience to the Khaleefah is because he looks after the affairs of the Jamaa'ah which itself is an obligation. Thus when the Khaleefah dies the obligation of obedience to him does not cease because the sabab (cause) of the obedience still exists which is the looking after of the affairs. Hence, so as long as the cause of appointing a Khaleefah exists which is the presence of a Jamaa'ah whose affairs have to be looked after by Islam then the obligation of appointing him and obeying him remains even if he did not exist. This is the reason why the order to obey the Khaleefah by Ishaarah (alluded meaning) means the order to appoint him.
Let us consider the following ayah:
''O you who believe! Obey Allah and obey the Messenger and those in authority from amongst you'' [4:59]
Here we are obliged to obey those in authority because they are the ones who look after the affairs. So obedience is due as long the ruler looks after the affairs by Islam. Since looking after affairs by Islam is Fard then the obedience to them indicates by Ihsraah that they need to exist. In another hadith this point is made even more clearer:
''Even if a slave was appointed over you who leads you with the Book of Allah then hear and obey.''[reported by Muslim]
Here to emphasis the obedience to the one who looks after the affairs we are commanded in the style of mubaalagha (exaggeration) to obey even if the ameer is a slave. I.e. obedience is due because he looks after the affairs which is an obligation. Hence the order to obey indicates by ishaarat an-nass (alluded meaning from the text) the obligation of his presence.
Otherwise we are saying the hukm does not have be fulfilled because something necessary for its fulfillment does not exist even the though the sabab (cause) of the hukm still exists! For example if we apply this type of erroneous thinking on other ahkams look what happens: Jihad for instance is an obligation whose sabab (cause) is the presence of Kuffar under the authority of Kufr. So if Kuffar exist under dar al-kufr then Jihad exists. However to fulfill the Jihad one requires an Ameer by Iqtidaa (required meaning). Without an Ameer jihad cannot be undertaken and hence appointment of an Ameer becomes obligatory in order to fulfill Jihad because that which is necessary to fulfill a wajib is itself a waajib. So by Iqtidaa the presence of an Ameer becomes waajib. But if we follow the silly logic mentioned above the conclusion would be Jihad is not Fard because an Ameer does not exist! Such a conclusion is completely wrong because the sabab (cause) which caused the obligation of Jihad to exist is not the presence of an Ameer but the presence of Kuffar in Dar al-kufr. So as long as kuffar exist the Fard of jihad exists regardless of an Ameer's presence. Rather what we take from the existence of the Fard is that a Ameer needs to be appointed in order to fulfill the obligation.
Finally, the use of the expression 'man maata' deserves a further comment. The reference to the point of death indicates that the hukm (rule) must exist throughout his life. There cannot be a point in his life when he is in a state without a bay'ah on his neck i.e. without the presence of a Khaleefah. So the hukm is continuous unlike the ahkam of obeying parents where the hukm ends upon their death or the hukm of giving to the poor which ends when poverty ceases. But the obligation of having a Khaleefah over you never ceases because text says 'the one who dies' indicating the continuity of the hukm throughout the life of a person for he is not allowed to die in situation where the Khaleefah is not present.
What is the Hukm Shar'i?
The legislative value of the above discussion is that it allows us to extract two hukms: that it is Fard 'ayni (individual obligation) to have a Khaleefah present and also that it is Fard Kifayah (obligation of sufficiency) to appoint a Khaleefah.
As for the first hukm it is deduced from the request (talab) in the hadith that a Muslim should not die without a Khaleefah present. As we said before 'bay'ah on the neck' is not possible to have without the presence of the Khaleefah. So if it is not allowed to die without a bay'ah on the neck, this means it is not allowed to die without the presence of a Khaleefah. This type of indication (dalaalah) in Usul al-Fiqh is known as dalaalat al-Iqtidaa (the required meaning of the text). I.e. this is when the truthfulness or correctness of a statement (sidq al-mutakallim wa sihhatul malfooz bihi) cannot be established unless one understands the lafz (expression) in a certain way.
For example:
''And never will Allah grant to the disbelievers a way over the believers.''[4:141]
Here the mantooq (pronounced meaning) is Allah will not allow the kaafir to have authority over the believers. However, is this permission in terms of the occurrence of authority or prohibition of authority? It cannot be the fist because we know the kuffar in actuality have authority over the believers in Palestine and Kashmir so the only meaning which will give truthfulness to the statement is prohibition. So we say the mafhoom (implicit meaning) of this ayah through dalalat al-iqtidaa (required meaning) is that Allah prohibits that Kuffar have authority over the believers.
In the same manner the mafhoom (implied meaning) of 'bayah on the neck' is the presence of the Khaleefah by the required meaning (dalalaatul iqtidaa). Thus for the expression 'bayah on the neck' to be truthful we must understand it to mean presence of the Khaleefah.
Thus, the one who dies without the presence of the Khaleefah would be sinful due to the qaraa'in which make the request decisive. For example the preposition 'fee unuqihi' actually means 'ala unuqihi ie obligation to have on one's neck much like when we say in English someone has 'a debt on his neck' i.e. he has a debt he has to pay. We can also see the use of the 'ala in the following hadith of Prophet (Sallalahu Alaihi Wasallam) said:
wa 'alayka bis sam'I wat taa'ah fee 'usrika wa yusrika wa manshitika wa makrahika wa atharatin 'alayk
''It is obligatory for you ('alayka) to hear and obey the ruler in adversity and prosperity, in pleasure and displeasure, and even when another person is given (rather undue) preference over you.'' [Reported by Muslim in his Sahih/num:1836]
In addition to this is the explicit qareenah (indication) 'dies the death of Jahiliiayh'. The attribution of a death occurring in the days of Ignorance establishes beyond any doubt the decisiveness of the request. This means the command is a Fard which if neglected would entail sin and punishment. Also, since the personal pronoun 'man' is general this means it includes every single Muslim i.e. every individual faces death and therefore the indefinite term 'maata' i.e. dies, coupled with the negation is clear that every single individual is addressed and hence it is a Fard 'ayni (individual obligation) to have a Khaleefah present.
As a further proof of the above understanding let us look at other narrations of the same hadith. It has been narrated on the authority of 'Umar that the Messenger (Sallalahu Alaihi Wasallam) said:
''The One who dies without an Imam he dies the death of Jahiliyyah''. [Reported on the authority of 'Umar by at-Tabarani and Abu Nu'aym. The latter declared the hadith as authentic]
Yet in another hadith narrated on the authority of Ibn 'Umar by al-Hakim in his Mustadrak we have the following version:
''He who abandons the Jamaa'ah by even so much as a hand span is as if he has taken the knot of Islam off his neck, until he returns.' And he (Sallalahu Alaihi Wasallam) said: 'whoever dies while there was no Imaam of a Jamaa'ah ruling over him, his death would be that of the days of Jahiliyyah.''
It well known the scholars of hadith permitted the narration of hadith by meaning (riwayah bilma'na). So in the above hadiths the raawi (transmitter) narrated the meaning of the saying of the Prophet (Sallalahu Alaihi Wasallam). So whilst the extraction of the hukm from the man maata hadith in Sahih Muslim is from the implicit meaning (mafhoom), the above two hadiths however are even more explicit as they make the same point in the uttered meaning (manTooq). Incidentally, the hadith in Sahih Muslim and the one above from al-Hakim are both narrated by Ibn 'Umar. The first says 'bay'ah on the neck' while the second says 'while there was no Imaam of a Jamaa'ah ruling over him'. The meaning is same but the difference is that the former is understood from the implicit meaning (mafhoom) while the latter is taken from the uttered or pronounced meaning (mantooq).
As for the second hukm which is that it is Fard to appoint a Khaleefah, this is deduced from the dalalaatul Ishaarah (the alluded meaning of the text). The ishaarah is a hukm derived from the text which was not intended directly from the speech.
For example when Allah (Subhanahu wa ta'ala) says:
''He were are commanded to ask those who know if we do not know.''
This cannot be done without the presence of Mujtahideen and hence the presence of mujtahideen in every age obligation in order to find out the sharee'ah rule on a matter. The ayah did not directly mention the obligation of having mujtahideen but it is understood from the ishaarah when it commanded us to ask those who know if we do not know. In the same manner the 'man maata' hadith establishes the obligation of having a Khaleefah present, this means by ishaarah that it is an obligation to appoint a Khaleefah. Therefore, when the text says it is Fard to have a Khaleefah present it also alludes to the obligation of appointing a Khaleefah such that he is present over us.
Thus, the above hadith clearly establishes the obligation of having a Khaleefah over us and the obligation of working to appoint a Khaleefah.
On WHOM does the Hukm shar'i apply? Is it an individual (Fard 'ayni) or collective obligation (Fard kifaa`i) and what does that mean for the Muslim ?
The obligation of having a Khaleefah present is an individual duty. This is because the personal pronoun 'man' ( which means whoever) is from the general expression (seeghatul 'umoom) and it encompasses all people. Its nature is such that if the Khaleefah is present then he is present for all and if he is absent then he is absent for all thus the obligation covers all people. It is well known in Usul that the general remains general until there is another evidence to specify it. Yes the insane, non-baligh are excluded from this generality but that is not from the mind but there is a text to say they are not legally responsible (ghayr mukallaf) and hence they cannot be held responsible for duties they did not have capacity for.
He (Sallalahu Alaihi Wasallam) said:
''Three types of people are exempted from accountability, the one who sleeps until he wakes up, a child until he reaches the age of puberty and the insane until he is cured.''[Reported by Abu Dawood]
Thus, the general remains in its generality unless another text comes to specify it. And in this case the obligation of having a Khaleefah present is on every legally responsible (mukallaf) Muslim whether man, woman, layman or scholar.
As for the obligation of appointing a Khaleefah this is Fard kifaayah (obligation of sufficiency). However this should not be taken as an excuse for inaction. This is because in terms of obligation (wujoob) and removal of the sin (isqaat) the Fard 'ayn and kifayah are the same. This is because Fard means the Legislator has demanded in a decisive form the performance of an action which if neglected will result in sin. Thus the obligation to fulfill the command is on all. Only if the command has been fulfilled by some then the sin is removed from the rest. This is because the consideration is for the accomplishment of the Fard and not the undertaking of the Fard. Until and unless the Fard is accomplished it continues to be an obligation on all no matter how many people undertook it. That is why the definition of Fard kifayah is: 'What some have accomplished then the rest are absolved from sin' (maa aqaamuhul ba'd saqata 'anil baaqeen) not 'what some have undertaken …' (maa qaama bihil ba'd). There is a big difference between undertaking an action and accomplishing it. So until the Fard is accomplished the obligation remains on all. That is why if the kifayah obligation neglected everyone is sinful and not just a few people.
For example it is Fard Kifayah for a group to respond when salam is given to them. The obligation remains on all of them until the obligation is fulfilled. If one responds with the salam and the Fard is accomplished then all are saved from sin because the consideration is the accomplishment of the Fard but if no one respond then all are sinful. Thus Fard kifayah and 'ayn are the same in obligation and removal of the sin.
So it is wrong for someone to say appointing a Khaleefah is Fard kifayah so let some people do it and we will be saved. This will not save that person on the Day of judgment because the Fard has not been accomplished and hence the obligation remains on every single neck. The Ummah has only three days and two nights to choose a Khaleefah, if they fail to do this after this time the obligation continues on all and those who undertake the Fard are saved from the sin. But those who neglect will be sinful for not fulfilling their Lord's command and they will have to explain themselves to Him on the Day when His Account (Hisab) is swift.
Quotes on Khilafah by Classical Scholars
Abu Ya'la (d. 458 AH)
a leading Hanbali scholar along with Ibn Taymiyyah, resembled Mawardi(d. 450AH) in his thought about the Khilafah. Abu Ya'la quotes Imam Ahmad ibn Hanbal that the Muslims would be in a state of Fitnah if there was no Khaleef. Page 125, Mahmood A. Ghazi's Book 'Political and Constitutional Thought of Islam'
Qadi Abd al Jabbar (d. 415 AH,1025AD)
He wrote extensively on the subject, some of his works include:
Sharh al-Usul al Khamsah
Al-Mughni fi Abwab al-Tawhid Wa'l Adl
The establishment of the Khilafah according to the Qadi in compulsory upon the Ummah, because many of the obligations of Islam cannot be fulfilled without the Khilafah, stating the well known principle: Ma la Yatimmu'l Wajib Illa Bihi Fahuwa Wajib [Whatever the wajib cannot be accomplished without is itself a wajib]
He also discusses the concept of Imamah in the context the Quranic principle of Amr bi'l Maruf wa'l Nahy An al-Munkar[Enjoining of the Good and the Forbidding of the Evil]. After extensively quoting from the Qur'an and the Hadith he establishes that the Enjoining of the Good and the Forbidding of the Evil is incumbent(Fard) on the believers. Then he says that individual Muslims cannot meet the full requirements of the principle of Amr bi'l Maruf wa'l Nahy An al-Munkar because it cannot be established without the State.
Sharh al-Usul al-Khamsah p.759
Sharh al-Usul al-Khamsah p.749
Sharh al-Usul al-Khamsah p.750
Sharh al-Usul al-Khamsah p.751
Abd al Qahir Baghdadi
Abu mansur Abd al-Qahir ibn Tahir al-Shafi was among the among the most noted theologians of the late fourth and early fifth century AH.
He taught as many as 17 sciences including Fiqh, Usul al Fiqh, Arithmetic and Fariad.
He critically examines the viewpoint of the Ahl al-Sunnah Wa'l Jamaah on the issue of the Khilafah. According to him it is obligatory upon the Ummah to establish the Khilafah, and also states that this obligation is universally accepted by all the Muslim scholars. He also criticises Abu Bakr al Assam and Hisham al-Ghuti who are from the Mutazilites.
Al-Farq Bayn al-Firaq, p271
Al-Sharastani
Abu'l Fath Muhammad ibn 'Abd al-Karim al-Sharastani(479-458 AH)
According to Sharastani, the establishment of the Khilafah is obligatory in all situations. In no case, in no time and no situation can the Muslim Ummah be relieved of the responsibility of establishing the institution of the Khilafah according to the injunctions of Islam.
Al-Milal wa'l Nihal, Vol 1, p.109
Ibn Taymiyyah (d. 728 AH)
Ibn Taymiyyah ideas about the Khilafah can be found in:
Minhaj al_sunnah al-Nabawiyyah fi Naqd Kalam al-Shi'ah wa'l Qadariyah
Al-Siyasah al-Shari'yyah
Al-Hisbah fi'l-Islam
Ibn Taymiyyah states that the main purpose of the Prophet(saw) was to establish a social order on the basis of a universal, permanent, consistent and all-Prevailing ideology. He states that the establishment of the state is more than necessary. Ibn Taymiyyah holds the opinion that it is one of the greatest obligations of the Din.
'The aim and objective of politics is to seek nearness to Allah. A Muslim adopts politics only to establish the Din which guarantees such a nearness by providing a suitable psychological and spiritual climate in which man achieves a spiritual perfection and, hence, the Divine Nearness. That is why a political activity divorced from the guidance of the Din is a curse for humanity and entails all sorts of evils and immoralities.'
Al Siyasa al-Shariyyah
Ibn Qayyim also held the same opinion as Ibn Taymiyyah:
al-Turuq al_Hukmiyyah Fil Siyasah al-Shariyyah
I'lam al-Muwaqqin
Badruddin Ibn Jamaah
Ibn Jamaah is noted as the Shafi jurist of the seventh century AH. He served as a Qadi in Palestine and a teacher of Fiqh. In his treatise 'Tahrir al-Ahkam- fi Tadbir ahl al-Islam'
he establishes the obligation of the Khilafah through the Quran. He starts his work 'Tharir al-Ahkam with the verse:
"O David: We did indeed make you a vicegerent on earth: So judge between men with truth and justice and follow not the lusts and desires: for they will mislead you from the path of Allah"
Diya al-Din Barani (683-758AH)
Diya al-Din Barani lived in India. His works mentioning the issue of the Khilafah include:
Tarikh Firoz Shahi
Fatawa-i-Kahandari
He says that 'the very creation of Man on earth is meant only for the worship of Allah(swt). And His true worship is only possible when mankind is guaranteed peaceful and secure conditions of life. To successfully discharge the divine obligations a secure and organised life in order and well-organised that Allah created the Khilafah.'
Abu Ishaq Ibrahim ibn Musa al-Shatibi (d. 790 AH)
One of the greatest juristic minds in the history of Islam. A Maliki jurist he was one of the most outstanding Faqih of the eighth century AH. He says that the Khilafah is an obligation and further states 'in the absense of the khilafah, a state of anarchy and lawlessness would prevail and this would usher in a great corruption and disorder. And it is evident, that the establishment of the Din is quite impossible in a state of anarchy and disorder.'
Kitab al-Din
Abu Zayd Wali al-Din Abd al Rahman Ibn Khaldun (732-808 AH)
Ibn Khaldun taught in Al-Azhar, was a scholar of the Maliki Jurisprudence and also worked as a judge in Cairo.
He states 'the best kind of state is the Khilfah, which is a system based on the Shariah.This is the only system based on the Shariah. This is the only system which guarantees the fulfilment of all natural and genuine human needs both in this world and in the hereafter. It also guarantees full equality between the ruler and the ruled. The Khilfah is the divine method of politics. Initially it is established by the Prophets and Apostles of God and then run by their successors - the Khulufa. This is the system which has been laid down by God the Almighty Himself, and, hence, no other system can be at par with it.'
Shah Waliyullah Dehlavi (1703-1762 CE)
According to Shah Waliyullah, it is a collective obligation (Fard Al-Kifaya) upon the Muslims for all times to come to elect and install a Khilafah. To support this Shah Waliyullah give various arguments:
'the collective reason of mankind requires that a Khilafah should be there to lookafter the interests which cannot be achieved without a Khilafah. The Khilafah is appointed for achieving two categories of objective and purposes. The Holy Prophet(saw) was also sent to achieve these two calsses of objectives. Therefore after passing away of the Prophet, a Khilafah is needed to succeed him and to implement his orders and commandments. That is why the obedience to the imam id equal to the obediance to the Prophet and the disobedience of the Khaleef amount to disobedience of the Prophet:
"Whosoever obeys an Amir, verily he has obeyed me; and whosoever disobeyed the Amir he disobeyed me."[hadith]
"the Imam is a sheild from the back of which the muslims fight and protect themselves. if the Imam commands to fear Allah and guides his will be a big Reward, if he orders other than this he will bear the burden of it."[hadith - Muslim]
In Izaalat al-KhafaShah Waliy Allah quotes another hadith which he says is clear textual evidence (An-Nass in proving that the establishment of the Khilafah is an obligation:
"Whosoever dies without a bayah on his neck dies the death of Jahiliyyah" [Muslim]
'The sahaba also rushed to establish the khilafah immediately, after the death of the prophet(saw) and delayed his burial. Moreover there are matters which cannot be accomplished without the Khilafah: the Jihad, the administration of Justice, the revival of Islamic science, the establishment of the pillars of Islam, the defence of Dar al-Islam and such other things that have been collectively enjoined upon the Muslim Ummah.'
Hujjat Allah al-Balighah Vol 1
Hujjat Allah al-Balighah Vol 2
Izalat al-Khafa, Vol 1
Izalat al-Khafa, Vol 2
a leading Hanbali scholar along with Ibn Taymiyyah, resembled Mawardi(d. 450AH) in his thought about the Khilafah. Abu Ya'la quotes Imam Ahmad ibn Hanbal that the Muslims would be in a state of Fitnah if there was no Khaleef. Page 125, Mahmood A. Ghazi's Book 'Political and Constitutional Thought of Islam'
Qadi Abd al Jabbar (d. 415 AH,1025AD)
He wrote extensively on the subject, some of his works include:
Sharh al-Usul al Khamsah
Al-Mughni fi Abwab al-Tawhid Wa'l Adl
The establishment of the Khilafah according to the Qadi in compulsory upon the Ummah, because many of the obligations of Islam cannot be fulfilled without the Khilafah, stating the well known principle: Ma la Yatimmu'l Wajib Illa Bihi Fahuwa Wajib [Whatever the wajib cannot be accomplished without is itself a wajib]
He also discusses the concept of Imamah in the context the Quranic principle of Amr bi'l Maruf wa'l Nahy An al-Munkar[Enjoining of the Good and the Forbidding of the Evil]. After extensively quoting from the Qur'an and the Hadith he establishes that the Enjoining of the Good and the Forbidding of the Evil is incumbent(Fard) on the believers. Then he says that individual Muslims cannot meet the full requirements of the principle of Amr bi'l Maruf wa'l Nahy An al-Munkar because it cannot be established without the State.
Sharh al-Usul al-Khamsah p.759
Sharh al-Usul al-Khamsah p.749
Sharh al-Usul al-Khamsah p.750
Sharh al-Usul al-Khamsah p.751
Abd al Qahir Baghdadi
Abu mansur Abd al-Qahir ibn Tahir al-Shafi was among the among the most noted theologians of the late fourth and early fifth century AH.
He taught as many as 17 sciences including Fiqh, Usul al Fiqh, Arithmetic and Fariad.
He critically examines the viewpoint of the Ahl al-Sunnah Wa'l Jamaah on the issue of the Khilafah. According to him it is obligatory upon the Ummah to establish the Khilafah, and also states that this obligation is universally accepted by all the Muslim scholars. He also criticises Abu Bakr al Assam and Hisham al-Ghuti who are from the Mutazilites.
Al-Farq Bayn al-Firaq, p271
Al-Sharastani
Abu'l Fath Muhammad ibn 'Abd al-Karim al-Sharastani(479-458 AH)
According to Sharastani, the establishment of the Khilafah is obligatory in all situations. In no case, in no time and no situation can the Muslim Ummah be relieved of the responsibility of establishing the institution of the Khilafah according to the injunctions of Islam.
Al-Milal wa'l Nihal, Vol 1, p.109
Ibn Taymiyyah (d. 728 AH)
Ibn Taymiyyah ideas about the Khilafah can be found in:
Minhaj al_sunnah al-Nabawiyyah fi Naqd Kalam al-Shi'ah wa'l Qadariyah
Al-Siyasah al-Shari'yyah
Al-Hisbah fi'l-Islam
Ibn Taymiyyah states that the main purpose of the Prophet(saw) was to establish a social order on the basis of a universal, permanent, consistent and all-Prevailing ideology. He states that the establishment of the state is more than necessary. Ibn Taymiyyah holds the opinion that it is one of the greatest obligations of the Din.
'The aim and objective of politics is to seek nearness to Allah. A Muslim adopts politics only to establish the Din which guarantees such a nearness by providing a suitable psychological and spiritual climate in which man achieves a spiritual perfection and, hence, the Divine Nearness. That is why a political activity divorced from the guidance of the Din is a curse for humanity and entails all sorts of evils and immoralities.'
Al Siyasa al-Shariyyah
Ibn Qayyim also held the same opinion as Ibn Taymiyyah:
al-Turuq al_Hukmiyyah Fil Siyasah al-Shariyyah
I'lam al-Muwaqqin
Badruddin Ibn Jamaah
Ibn Jamaah is noted as the Shafi jurist of the seventh century AH. He served as a Qadi in Palestine and a teacher of Fiqh. In his treatise 'Tahrir al-Ahkam- fi Tadbir ahl al-Islam'
he establishes the obligation of the Khilafah through the Quran. He starts his work 'Tharir al-Ahkam with the verse:
"O David: We did indeed make you a vicegerent on earth: So judge between men with truth and justice and follow not the lusts and desires: for they will mislead you from the path of Allah"
Diya al-Din Barani (683-758AH)
Diya al-Din Barani lived in India. His works mentioning the issue of the Khilafah include:
Tarikh Firoz Shahi
Fatawa-i-Kahandari
He says that 'the very creation of Man on earth is meant only for the worship of Allah(swt). And His true worship is only possible when mankind is guaranteed peaceful and secure conditions of life. To successfully discharge the divine obligations a secure and organised life in order and well-organised that Allah created the Khilafah.'
Abu Ishaq Ibrahim ibn Musa al-Shatibi (d. 790 AH)
One of the greatest juristic minds in the history of Islam. A Maliki jurist he was one of the most outstanding Faqih of the eighth century AH. He says that the Khilafah is an obligation and further states 'in the absense of the khilafah, a state of anarchy and lawlessness would prevail and this would usher in a great corruption and disorder. And it is evident, that the establishment of the Din is quite impossible in a state of anarchy and disorder.'
Kitab al-Din
Abu Zayd Wali al-Din Abd al Rahman Ibn Khaldun (732-808 AH)
Ibn Khaldun taught in Al-Azhar, was a scholar of the Maliki Jurisprudence and also worked as a judge in Cairo.
He states 'the best kind of state is the Khilfah, which is a system based on the Shariah.This is the only system based on the Shariah. This is the only system which guarantees the fulfilment of all natural and genuine human needs both in this world and in the hereafter. It also guarantees full equality between the ruler and the ruled. The Khilfah is the divine method of politics. Initially it is established by the Prophets and Apostles of God and then run by their successors - the Khulufa. This is the system which has been laid down by God the Almighty Himself, and, hence, no other system can be at par with it.'
Shah Waliyullah Dehlavi (1703-1762 CE)
According to Shah Waliyullah, it is a collective obligation (Fard Al-Kifaya) upon the Muslims for all times to come to elect and install a Khilafah. To support this Shah Waliyullah give various arguments:
'the collective reason of mankind requires that a Khilafah should be there to lookafter the interests which cannot be achieved without a Khilafah. The Khilafah is appointed for achieving two categories of objective and purposes. The Holy Prophet(saw) was also sent to achieve these two calsses of objectives. Therefore after passing away of the Prophet, a Khilafah is needed to succeed him and to implement his orders and commandments. That is why the obedience to the imam id equal to the obediance to the Prophet and the disobedience of the Khaleef amount to disobedience of the Prophet:
"Whosoever obeys an Amir, verily he has obeyed me; and whosoever disobeyed the Amir he disobeyed me."[hadith]
"the Imam is a sheild from the back of which the muslims fight and protect themselves. if the Imam commands to fear Allah and guides his will be a big Reward, if he orders other than this he will bear the burden of it."[hadith - Muslim]
In Izaalat al-KhafaShah Waliy Allah quotes another hadith which he says is clear textual evidence (An-Nass in proving that the establishment of the Khilafah is an obligation:
"Whosoever dies without a bayah on his neck dies the death of Jahiliyyah" [Muslim]
'The sahaba also rushed to establish the khilafah immediately, after the death of the prophet(saw) and delayed his burial. Moreover there are matters which cannot be accomplished without the Khilafah: the Jihad, the administration of Justice, the revival of Islamic science, the establishment of the pillars of Islam, the defence of Dar al-Islam and such other things that have been collectively enjoined upon the Muslim Ummah.'
Hujjat Allah al-Balighah Vol 1
Hujjat Allah al-Balighah Vol 2
Izalat al-Khafa, Vol 1
Izalat al-Khafa, Vol 2
Tuesday, September 15, 2009
Organisations of the Khilafah State - Part 3
Thirdly: Executive assistants (mu’awin ut-tanfeedh)
Mu’awin-un-Tanfeeth is the wazir whom the Khaleefah appoints to be his assistant in the execution, follow up and implementation of his orders. He is the intermediary between the Khaleefah and the various State departments, the subjects and the foreign office on the other side. He conveys messages from the Khaleefah on the one hand and on the other hand; so he is an assistant in executing orders and not authorized over them or entrusted with them. His work is therefore administrative and not ruling, and his department is a tool used to execute what the Khaleefah issues to the internal and foreign offices and to submit to him all that comes to him from these offices. His department acts as an intermediary between the Khaleefah and others, where it conveys to them on his behalf and conveys to him from them.
The executive assistant was used to be called secretary (al-Katib) at the time of the Messenger of Allah (saw) and the khulafaa’ rashidoon. Then he became known as the keeper of the divan of letters or correspondence, and then it was decided to call him the secretary of composition or the keeper of the divan of composition. Finally the jurists called him the executive assistant (wazir ut-tanfeedh).
The Khaleefah is a ruler, whose duties include ruling, execution, and looking after people’s affairs. Carrying out of ruling, execution and guardianship require administrative actions. This necessitates the setting up of a special department that works closely with the Khaleefah to manage tasks that help him carry out the Khilafah’s duties. Thus an executive assistant is required, to be appointed by the Khaleefah to run administrative affairs not the affairs of ruling. He does not perform any ruling duties like the delegated assistant. He is not allowed for example to appoint a Wali or an ‘Amil, nor to manage people’s affairs. His duties are merely administrative, i.e. to execute the ruling orders and the administrative tasks issued by the Khaleefah or the delegated assistant. This is why he is known as the executive assistant. Jurists used to call him ‘wazir tanfeeth’ which simply means Mu’awin-un-Tanfeeth, on the basis that the word wazir is linguistically used to mean ‘the assistant.’They said that this wazir is an intermediary between the Khaleefah, the subjects and the Walis, who conveys the orders issued by him, executes his rules, informs about the appointment of Walis, and about the preparation of task forces and armies stationed at the frontiers. He also submits to the Khaleefah whatever comes from such offices and informs him of all new matters that may arise so that he can implement whatever the Khaleefah may order him to. This makes him an assistant in executing commands and not in charge over them, or entrusted with them. He is similar to the head of the divan of the head of the state at the present time.
Since the executive assistant is linked directly to the Khaleefah just like the delegated assistant, and he is part of the Khaleefah’s entourage. Besides his task is in contact with the ruler (Khaleefah) and requires pursual with the Khaleefah and meeting with him in isolation at any time at day and night, a matter that disagrees with the conditions of the woman according to the divine rules. Therefore, the executive assistant has to be man. In addition the executive assistant cannot be a disbeliever; he must rather be a Muslim, for he is part of the Khaleefah’s entourage. This is because Allah (swt) says:
(يَا أَيُّهَا الَّذِينَ آمَنُوا لاَ تَتَّخِذُوا بِطَانَةً مِنْ دُونِكُمْ لاَ يَأْلُونَكُمْ خَبَالاً وَدُّوا مَا عَنِتُّمْ قَدْ بَدَتْ الْبَغْضَاءُ مِنْ أَفْوَاهِهِمْ وَمَا تُخْفِي صُدُورُهُمْ أَكْبَرُ)
‘O you who believe; do not take for intimates others than your own folk, who would spare no pains to ruin you; they love to hamper you. Hatred is revealed by (the utterance of) their mouths, but that which their breasts hide is greater.’ [TMQ 3: 118]
The prohibition of taking a non-Muslim as part of the Khaleefah’s entourage is very clear in the verse. Therefore the executive assistant cannot be a Kafir but must be Muslim for he is directly connected to the Khaleefah and not separate from him, just like the delegated assistant. The executive assistants can also number more than one according to the need and according to the work he communicates between the Khaleefah and others.
As for the areas in which the Mu’awin at-Tanfeeth acts as an intermediary between the Khaleefah and others, these are four:
1) The international affairs, whether the Khaleefah discharges them directly, or he appoints a foreign department that takes charge of them.
2) The army.
3) The state organizations other than the army.
4) Relations with the citizens.
These are the types of duties, which the executive assistant carries out. Since he is an intermediary between the Khaleefah and others, he would be considered as a liaison department that reports from the Khaleefah and reports to him. By acting as such he follows up what is required of the State departments’ action.
The Khaleefah is the actual ruler. He is the one who deals with ruling, execution and the management of people’s affairs by himself. Therefore he is in constant contact with the ruling apparatus, international affairs and the Ummah. He enacts laws, takes decisions, carries out actions of caring and looks at the performance of the ruling apparatus and whatever obstacles it may face and whatever needs it requires. He is also informed of any demands, complaints and matters that come from the Ummah, and he follows up the international activities as well. Therefore, based on the nature of these actions, the Mu’awin at-tanfeeth acts as an intermediary relating to them, i.e. he conveys messages to the Khaleefah and conveys orders from him. Since what is issued by the Khaleefah to the different departments and what comes to him from them needs following up in order to be implemented, the executive assistant needs to carry out this follow up for insuring the execution to be satisfactorily completed. He would carry out a follow up with the Khaleefah and with the State departments and would not stop carrying out this follow up, unless the Khaleefah specifically demanded so. In this case he has to obey his orders and stop the follow up, because the Khaleefah is the ruler and his order has to be implemented.
With regards to the matters related to the army and the international relations, these are generally confidential and are specific to the Khaleefah. Therefore the executive assistant does not follow up the execution of these matters nor pursue their execution, unless the Khaleefah requests him to do so in which case he will follow up only the matters which the Khaleefah demanded and not any others.
With regards to the Ummah; in matters of looking after her affairs, fulfilling her demands and removing unjust actions from her, these matters are for the Khaleefah to deal with the one who is appointed as a deputy to him. They are not a mandate for the executive assistant, so he does not follow them up except for those issues which the Khaleefah requests him to do so. His action in their regard is simply execution and not following up. All this depends on the nature of the actions which the Khaleefah carries out and accordingly the nature of the Mu’awin at-tanfeedh actions.
As examples to the actions of the executive assistant at the time of the Messenger (saw) and khulafaa’ rashidoon (where this assistant was called secretary at that time):
1. International relations, and the examples are:
• Hudaybiah treaty as narrated by al-Bukhari through al-Musawwar and Marwan. It says:فدعا النبي صلى الله عليه وسلم الكاتب...»
“So the prophet (saw) called the secretary (writer)…”Abu Yousuf also narrated in the book of Kharaj, he said:
وحدثني محمد بن اسحق والكلبي، زاد بعضهم على بعض في الحديث، وفيه: وقال: اكتبوا...
“Mohammad ibn Ishaq and al-Kalbi informed me, some others added in the hadeeth saying: He sad: Write (plural)..”, without mentioning the name of the writer.
Ibn Katheer narrated it, he said
:قال ابن اسحق قال الزهري... ثم دعا رسول الله صلى الله عليه وسلم علي بن أبي طالب فقال: أكتب...
“Ibn Ishaq said az-Zuhari said…then the Messenger of Allah (saw) called upon Ali ibn Talib and said: Write (singular)…”Abu Ubayd narrated it in the book of al-Amwal from ibn Abbas, where he said:.
.. فقال لعلي: أكتب يا علي.. .“…
.and he said to Ali: O Ali, write…”Al-Hakim narrated it from ibn Abbas, and az-Zahabi authenticated it and approved it, saying:.
.. أكتب يا علي..
.“…..O Ali, write…”The text of this peace treaty is well known, and does not need to mention it here.
• The letter of the Messenger (saw) to Hercules is narrated by the jamaa’ah (of muhadditheen) excluding ibn Majah. The wording of the hadeeth as narrated by Al-Bukhari from ibn Appas from Abu Sufyan:
بسم الله الرحمن الرحيم، من محمد عبد الله ورسوله إلى هرقل عظيم الروم، سلام على من اتبع الهدى، أما بعد، فإني أدعوك بدعاية الإسلام، أسلم تسلم يؤتك الله أجرك مرتين، فإن توليت فإن عليك إثم الأريسيين، ويا أهل الكتاب تعالوا إلى كلمة سواء بيننا وبينكم، أن لا نعبد إلا الله، ولا نشرك به شيئاً، ولا يتخذ بعضنا بعضاً أرباباً من دون الله، فإن تولوا فقولوا اشهدوا بأنا مسلمون».
“Bismillah ir-Rahman ir-Rahim, from Mohammad, Abdullah and Messenger of Allah (saw) to Hercules the leader of the Romans, peace is upon whoever follows the guidance. After that, I invite you to the da’wa of Islam; if you embrace Islam Allah will give your reward double. If you turned away then you are responsible about the sin of the Arisiyeen (meaning the Romans). O you people of the book, come forward to a fair word between us and between you, that we do not worship save Allah, we do not associate partners with Him, and nor take each other as lords beside Allah. If they turned away say bear witness that we are Muslims.”
• The book of Hercules to the Messenger of Allah (saw) in response to his letter. Abu Ubayd reported in the book of al-Amwal from Bakr ibn Abdullah ibn Abdullah al-Muzni: “…And he wrote to the Messenger of Allah (saw) that he is Muslim, and sent him some dinars (money). The Messenger of Allah (saw) said when he read the letter
:كذب عدو الله ليس بمسلم، ولكنه على النصرانية "
He lies, the enemy of Allah, he is not Muslim, rather he is on Christianity."Al-Hafiz said in al-Fath, the hadeeth is of authentic narration but disconnected (mursal) from Bakr.
• The letter written by people of Minbaj to Umar and his reply to them, where Ab Yousuf said in the book of al-Kharaj: “Abdul Malik ibn Jurayj told us from Amr ibn Shua’yb that the people of Minbaj – some people of war behind the sea – wrote to Umar ibn al-Khattab (ra): Allow us to enter your country as traders and impose upon us a tax of tenth. He said: Umar consulted with the companions of the Messenger of Allah (saw) regarding that, and they advised him to do that. Thus, they were the first people of war that paid the tenth.”
2. The army, and some of its correspondence are:
• The letter of Abu Bakr to Khalid, in which he commands him to travel to Ash-Sham. Abu Yousuf said in the book of Al-Kharaj: “Khalid wanted to take Al-Heerah as his centre. However the letter of Abu Bakr came to him in which he was commanded him to travel to Ash-Sham as reinforcement to Abu Ubaydah and Muslims…”
• The armies in Ash-Sham wrote to Umar asking him support, and he wrote to them: Ahmad narrated through narrators considered of the quality of the sound’s narrators, and Abu Hatim ibn Happan through sound narration from Sammak, he said: I heard Iyadh al-Ash’ary said: “I attended al-Yarmook when we were under five ameers: Abu Ubaydah ibn al-Jarrah, Yazeed ibn Aby Sufyan, Ibn Hasanag, Khalid ibn Al-Waleed and Iyadh who was different to the narrator that spoke to Sammak. He said that Umar said: If it was a matter of fight, then seek the help of Abu Ubaydah. He said: So we wrote to him that death raged against us and we sought his support. He wrote to us: I received your letter in which you seek my support. I direct you to the one who is of stronger support and his soldiers more ready; he is Allah (azza wajall), so seek His help, because Muhammad (saw) was given victory at Badr with less than your army. Once this my letter reached you fight against them and do not revise with me. He said: So we fought against him and thus defeated them. We killed them for four farsakh..”
• The army of Ash-Sham wrote to Umar ibn Al-Khattab “When we meet the enemy and see them cover their weapons with silk we find terror in our hearts. Umar wrote to them: You do the same, so cover your weapons with silk”, as mentioned by Ibn Taymiyyah in Al-Fatawa.
3. The state’s organizations other than the army. These are some of its correspondence.
• The letter of the Messenger (saw) to Mu’adh regarding the tenth: Yahya ibn Adam narrated in the book of Al-Kharaj about ruling, he said: “The Messenger of Allah (saw) wrote to Ma’adh in Yemen:
• فيما سقت السماء أو سقي غيلاً العشر، وما سقي بالغرب فنصف العشر
“The tenth is due in whatever was irrigated with rain or with sizable water; and half of the tenth in whatever is irrigated with bucket.” And Ash-Shi’by narrated the like of it.
• The letter of the Messenger of Allah (saw) to Al-Mundir ibn Sawa regarding the head tax (jizyah).
Aby Yousuf mentioned in the book of Al-Kharaj from Abu Ubaydah, he said:
كتب رسول الله صلى الله عليه وسلم إلى المنذر بن ساوى أن من صلى صلاتنا، واستقبل قبلتنا، وأكل ذبيحتنا، فذلك المسلم، له ذمة الله وذمة رسوله، فمن أحب ذلك من المجوس فهو آمن، ومن أبى فعليه الجزية“
The Messenger of Allah (saw) wrote to Al-Mundir ibn Sawa that whover prayed our prayer, turned to our qiblah, ate our slaughtered meat, then this the Muslim, and he is entitled with the protection of Allah and His Messenger. Whoever of the Magus liked that then he is safe, and whoever rejected, then he has to pay the jizyah”.
• The letter of Abu Bakr to Anas regarding the duty of Sadaqa, when he sent him to Bahrain: Al-Bukhari narrated from Anas “that Abu Bakr (ra) wrote to him regarding the duty of Sadaqah which Allah and His Messenger commanded…”
• The letter of Umar to Amr at the year of Ramadah (famine), and the reply of Amr to him. Ibn Khazeemah narrated in his authentic (saheeh) book, and Al-Hakim who said it is sound on the terms of Muslim, al-Bayhaqi in the Sunan, and Ibn Sa’d in the Tabaqaat from Zayd ibn Aslam from his father, he said: “When the year of Ramadah took place, and the land of the Arab suffered of drought, Umar ibn Al-Khattab wrote to Amr ibn Al-Ass: From Abdullah, ameer al-Mu’mineen to Amr ibn Al-Ass. By Allah you do not bother if you and the people on your side became fat at the time I and the people on my side became slim. Help us! Amr wrote: Peace is upon you. I am at your service; I am at your service. Camels are coming to you, where its first is with you and its last is with me; though I hope to find a way to carry the supplies by sea.”
• The letter of Mohammad Abu Bakr to Ali regarding the apostates, and his reply to him. Ibn Aby sheebah reported from Qaboos ibn al-Mukhariq from his father, he said: “Ali sent Mohammad ibn Abu Bakr as an ameer over Egypt, so he wrote to him regarding some zendik (apostates), some of them worship the sun and moon, and some of them worship something else, and some of them claim he is Muslim. He wrote to him ordering him regarding the zendik to kill the one that claims Islam, and leave others worship whatever they like.”
4. Letters addressed directly to the citizens, this is some of which:
• The letter of the Messenger (saw) to the people of Najran. It is narrated by Abu Dawud from Al-Saddy from ibn Appas. Al-Mundidry said: What Al-Saddy heard from Ibn Appas needs examination. Abu Ubayd narrated it in Al-Amwal from Aby Al-Maleeh Al-Hadly, which says at its end: “Uthman ibn Affan and Mu’ayqeeb testified to that, and wrote”. Abu Yousuf narrated it in Al-Kharaj, and he mentioned the scripter was Al-Mugheerah ibn Aby Shu’bah. Then Abu Yousuf mentioned the letter of Abu Bakr to them, and the scripter was Al-Mugheerah. Then he mentioned the letter of Umar and the scripter is Mu’ayqeeb, and then the letter of Uthman to them and the scripter is his associate (mawla) Humran, then the letter of Ali and the scripter is Abdullah ibn Rafi’.
• The letter of the Messenger (saw) to Tameem Al-Dari. Abu Yousuf mentioned in al-Kharaj, he said
:قام تميم الداري وهو تميم بن أوس - رجل من لخم - فقال يا رسول الله، إن لي جيرة من الروم بفلسطين، لهم قرية يقال لها حبرى،
وأخرى يقال لها عينون، وإن فتح الله عليك الشام فهبها لي، فقال: هما لك. قال: فاكتب لي بذلك، فكتب له: بسم الله الرحمن الرحيم، هذا كتاب من محمد رسول الله لتميم بن أوس الداري، أن له قرية حبرى وبيت عينون قريتها كلها، وسهلها وجبلها وماؤها وحرثها وأنباطها وبقرها ولعقبه من بعده، لا يحاقه فيها أحد، ولا يلحد عليهم أحد بظلم، فمن ظلم وأخذ منهم شيئاً فإن عليه لعنة الله والملائكة والناس أجمعين. وكتب عل
“Tameem Al-dary, who is Tameem ibn Aws, a man from Lakham, and said; O Messenger of Allah; I have neighbors from the Romans in Palestine. They have a village called Habra, and another one called ‘Aynoon. If Allah conquered Ash-Sham for you, please grant those (two villages) to me. He said: They are yours. He said; so write regarding that to me. He wrote to him: Bismillah ir-rahman ir-Rahim. This is a letter from Mohammad, the Messenger of Allah, to Tameem ibn Aws Al-Dary, that he has the village of Habra and the village of Bayt ‘Aynoon, all of it, its plain, mountain, water, arable land, Nabateans and cows, and to his offspring after him. No one would challenge him regarding his right over them, and nor any one would deviate from their right unjustly. Whoever did so and took any thing from them he deserves the curse of Allah, the Angels and all mankind. Ali has written.” When Abu Bakr took authority he wrote to them a letter regarding that that says: “Bismillahir Rahmanir Raheem. This is a letter from Abu Bakr, the trustee of the Messenger of Allah (saw) that was taken authority in the land. He writes it to the Darys, that no one would undermine what they possess of the village of Habra and ‘Aynoon. Whoever listens and obeys Allah, he must not undermine any thing of them. My chief has to set up the two doors on them, and protect them from the corrupters.”
The Khaleefah has the right to appoint secretaries as many as he needs in his correspondence. This even becomes obligatory if the duty cannot be performed without their appointment. The authors of the seerah mentioned that the Messenger of Allah (saw) had about twenty scripters. Al-Bukhari mentioned in his saheeh that the Messenger of Allah (saw) ordered Zayd ibn Thabit to learn the language of the Jews so as to read to the prophet (saw) when they write to him. So, he learnt it in fifteen days. Ibn Ishaq narrated from Abdullah ibn Al-Zubyr
:أن رسول الله صلى الله عليه
وسلم استكتب عبد الله ابن الأرقم بن عبد يغوث، وكان يجيب عنه الملوك...
“that the Messenger of Allah (saw) dictated to Abdullah ibn Al-Arqam ibn Abd Yaghooth, and he used to reply the kings on his behalf…” Al-Bayhaqi narrted from Abdullah ibn Umar (ra), he said
:أتى النبي كتاب رجل، فقال لعبد الله بن الأرقم: أجب عني، فكتب جوابه، ثم قرأه عليه فقال: أصبت وأحسنت اللهم وفقه
“A letter from a man came to the prophet (saw), so he said to Abdullah ibn Al-Arqam: Reply on my behalf. He wrote his reply and then read to the prophet (saw). He said: You did the right and was proficient; may Allah give him success”. Muhammad ibn Sa’d reported from Ali ibn Muhammad Al-Mada’ini through his narrations that Muhammad ibn Maslamah was the one who once wrote a letter to a delegate, based on an order from the Messenger of Allah (saw); Ali ibn Aby Talib was the one that used to write the treaties when the Messenger (saw) made treaties, and write peace when he made peace. Mu’ayqeeb ibn Aby Fatimah was responsible for his stamp. Al-Bukhari reported in the history through Muhammad ibn Bashshar from his grandfather Mu’ayqeeb, he said:
:كان خاتم رسول الله صلى الله عليه وسلم من حديد ملوّن عليه فضة كان بيدي. وكان المعيقيب على خاتم رسول الله صلى الله عليه وسلم
“The seal ring of the Messenger of Allah (saw) was made of coloured iron, with silver on it, and it was with me; and Mu’ayqeeb was responsible for the stamp of the Messenger of Allah (saw)”.
Mu’awin-un-Tanfeeth is the wazir whom the Khaleefah appoints to be his assistant in the execution, follow up and implementation of his orders. He is the intermediary between the Khaleefah and the various State departments, the subjects and the foreign office on the other side. He conveys messages from the Khaleefah on the one hand and on the other hand; so he is an assistant in executing orders and not authorized over them or entrusted with them. His work is therefore administrative and not ruling, and his department is a tool used to execute what the Khaleefah issues to the internal and foreign offices and to submit to him all that comes to him from these offices. His department acts as an intermediary between the Khaleefah and others, where it conveys to them on his behalf and conveys to him from them.
The executive assistant was used to be called secretary (al-Katib) at the time of the Messenger of Allah (saw) and the khulafaa’ rashidoon. Then he became known as the keeper of the divan of letters or correspondence, and then it was decided to call him the secretary of composition or the keeper of the divan of composition. Finally the jurists called him the executive assistant (wazir ut-tanfeedh).
The Khaleefah is a ruler, whose duties include ruling, execution, and looking after people’s affairs. Carrying out of ruling, execution and guardianship require administrative actions. This necessitates the setting up of a special department that works closely with the Khaleefah to manage tasks that help him carry out the Khilafah’s duties. Thus an executive assistant is required, to be appointed by the Khaleefah to run administrative affairs not the affairs of ruling. He does not perform any ruling duties like the delegated assistant. He is not allowed for example to appoint a Wali or an ‘Amil, nor to manage people’s affairs. His duties are merely administrative, i.e. to execute the ruling orders and the administrative tasks issued by the Khaleefah or the delegated assistant. This is why he is known as the executive assistant. Jurists used to call him ‘wazir tanfeeth’ which simply means Mu’awin-un-Tanfeeth, on the basis that the word wazir is linguistically used to mean ‘the assistant.’They said that this wazir is an intermediary between the Khaleefah, the subjects and the Walis, who conveys the orders issued by him, executes his rules, informs about the appointment of Walis, and about the preparation of task forces and armies stationed at the frontiers. He also submits to the Khaleefah whatever comes from such offices and informs him of all new matters that may arise so that he can implement whatever the Khaleefah may order him to. This makes him an assistant in executing commands and not in charge over them, or entrusted with them. He is similar to the head of the divan of the head of the state at the present time.
Since the executive assistant is linked directly to the Khaleefah just like the delegated assistant, and he is part of the Khaleefah’s entourage. Besides his task is in contact with the ruler (Khaleefah) and requires pursual with the Khaleefah and meeting with him in isolation at any time at day and night, a matter that disagrees with the conditions of the woman according to the divine rules. Therefore, the executive assistant has to be man. In addition the executive assistant cannot be a disbeliever; he must rather be a Muslim, for he is part of the Khaleefah’s entourage. This is because Allah (swt) says:
(يَا أَيُّهَا الَّذِينَ آمَنُوا لاَ تَتَّخِذُوا بِطَانَةً مِنْ دُونِكُمْ لاَ يَأْلُونَكُمْ خَبَالاً وَدُّوا مَا عَنِتُّمْ قَدْ بَدَتْ الْبَغْضَاءُ مِنْ أَفْوَاهِهِمْ وَمَا تُخْفِي صُدُورُهُمْ أَكْبَرُ)
‘O you who believe; do not take for intimates others than your own folk, who would spare no pains to ruin you; they love to hamper you. Hatred is revealed by (the utterance of) their mouths, but that which their breasts hide is greater.’ [TMQ 3: 118]
The prohibition of taking a non-Muslim as part of the Khaleefah’s entourage is very clear in the verse. Therefore the executive assistant cannot be a Kafir but must be Muslim for he is directly connected to the Khaleefah and not separate from him, just like the delegated assistant. The executive assistants can also number more than one according to the need and according to the work he communicates between the Khaleefah and others.
As for the areas in which the Mu’awin at-Tanfeeth acts as an intermediary between the Khaleefah and others, these are four:
1) The international affairs, whether the Khaleefah discharges them directly, or he appoints a foreign department that takes charge of them.
2) The army.
3) The state organizations other than the army.
4) Relations with the citizens.
These are the types of duties, which the executive assistant carries out. Since he is an intermediary between the Khaleefah and others, he would be considered as a liaison department that reports from the Khaleefah and reports to him. By acting as such he follows up what is required of the State departments’ action.
The Khaleefah is the actual ruler. He is the one who deals with ruling, execution and the management of people’s affairs by himself. Therefore he is in constant contact with the ruling apparatus, international affairs and the Ummah. He enacts laws, takes decisions, carries out actions of caring and looks at the performance of the ruling apparatus and whatever obstacles it may face and whatever needs it requires. He is also informed of any demands, complaints and matters that come from the Ummah, and he follows up the international activities as well. Therefore, based on the nature of these actions, the Mu’awin at-tanfeeth acts as an intermediary relating to them, i.e. he conveys messages to the Khaleefah and conveys orders from him. Since what is issued by the Khaleefah to the different departments and what comes to him from them needs following up in order to be implemented, the executive assistant needs to carry out this follow up for insuring the execution to be satisfactorily completed. He would carry out a follow up with the Khaleefah and with the State departments and would not stop carrying out this follow up, unless the Khaleefah specifically demanded so. In this case he has to obey his orders and stop the follow up, because the Khaleefah is the ruler and his order has to be implemented.
With regards to the matters related to the army and the international relations, these are generally confidential and are specific to the Khaleefah. Therefore the executive assistant does not follow up the execution of these matters nor pursue their execution, unless the Khaleefah requests him to do so in which case he will follow up only the matters which the Khaleefah demanded and not any others.
With regards to the Ummah; in matters of looking after her affairs, fulfilling her demands and removing unjust actions from her, these matters are for the Khaleefah to deal with the one who is appointed as a deputy to him. They are not a mandate for the executive assistant, so he does not follow them up except for those issues which the Khaleefah requests him to do so. His action in their regard is simply execution and not following up. All this depends on the nature of the actions which the Khaleefah carries out and accordingly the nature of the Mu’awin at-tanfeedh actions.
As examples to the actions of the executive assistant at the time of the Messenger (saw) and khulafaa’ rashidoon (where this assistant was called secretary at that time):
1. International relations, and the examples are:
• Hudaybiah treaty as narrated by al-Bukhari through al-Musawwar and Marwan. It says:فدعا النبي صلى الله عليه وسلم الكاتب...»
“So the prophet (saw) called the secretary (writer)…”Abu Yousuf also narrated in the book of Kharaj, he said:
وحدثني محمد بن اسحق والكلبي، زاد بعضهم على بعض في الحديث، وفيه: وقال: اكتبوا...
“Mohammad ibn Ishaq and al-Kalbi informed me, some others added in the hadeeth saying: He sad: Write (plural)..”, without mentioning the name of the writer.
Ibn Katheer narrated it, he said
:قال ابن اسحق قال الزهري... ثم دعا رسول الله صلى الله عليه وسلم علي بن أبي طالب فقال: أكتب...
“Ibn Ishaq said az-Zuhari said…then the Messenger of Allah (saw) called upon Ali ibn Talib and said: Write (singular)…”Abu Ubayd narrated it in the book of al-Amwal from ibn Abbas, where he said:.
.. فقال لعلي: أكتب يا علي.. .“…
.and he said to Ali: O Ali, write…”Al-Hakim narrated it from ibn Abbas, and az-Zahabi authenticated it and approved it, saying:.
.. أكتب يا علي..
.“…..O Ali, write…”The text of this peace treaty is well known, and does not need to mention it here.
• The letter of the Messenger (saw) to Hercules is narrated by the jamaa’ah (of muhadditheen) excluding ibn Majah. The wording of the hadeeth as narrated by Al-Bukhari from ibn Appas from Abu Sufyan:
بسم الله الرحمن الرحيم، من محمد عبد الله ورسوله إلى هرقل عظيم الروم، سلام على من اتبع الهدى، أما بعد، فإني أدعوك بدعاية الإسلام، أسلم تسلم يؤتك الله أجرك مرتين، فإن توليت فإن عليك إثم الأريسيين، ويا أهل الكتاب تعالوا إلى كلمة سواء بيننا وبينكم، أن لا نعبد إلا الله، ولا نشرك به شيئاً، ولا يتخذ بعضنا بعضاً أرباباً من دون الله، فإن تولوا فقولوا اشهدوا بأنا مسلمون».
“Bismillah ir-Rahman ir-Rahim, from Mohammad, Abdullah and Messenger of Allah (saw) to Hercules the leader of the Romans, peace is upon whoever follows the guidance. After that, I invite you to the da’wa of Islam; if you embrace Islam Allah will give your reward double. If you turned away then you are responsible about the sin of the Arisiyeen (meaning the Romans). O you people of the book, come forward to a fair word between us and between you, that we do not worship save Allah, we do not associate partners with Him, and nor take each other as lords beside Allah. If they turned away say bear witness that we are Muslims.”
• The book of Hercules to the Messenger of Allah (saw) in response to his letter. Abu Ubayd reported in the book of al-Amwal from Bakr ibn Abdullah ibn Abdullah al-Muzni: “…And he wrote to the Messenger of Allah (saw) that he is Muslim, and sent him some dinars (money). The Messenger of Allah (saw) said when he read the letter
:كذب عدو الله ليس بمسلم، ولكنه على النصرانية "
He lies, the enemy of Allah, he is not Muslim, rather he is on Christianity."Al-Hafiz said in al-Fath, the hadeeth is of authentic narration but disconnected (mursal) from Bakr.
• The letter written by people of Minbaj to Umar and his reply to them, where Ab Yousuf said in the book of al-Kharaj: “Abdul Malik ibn Jurayj told us from Amr ibn Shua’yb that the people of Minbaj – some people of war behind the sea – wrote to Umar ibn al-Khattab (ra): Allow us to enter your country as traders and impose upon us a tax of tenth. He said: Umar consulted with the companions of the Messenger of Allah (saw) regarding that, and they advised him to do that. Thus, they were the first people of war that paid the tenth.”
2. The army, and some of its correspondence are:
• The letter of Abu Bakr to Khalid, in which he commands him to travel to Ash-Sham. Abu Yousuf said in the book of Al-Kharaj: “Khalid wanted to take Al-Heerah as his centre. However the letter of Abu Bakr came to him in which he was commanded him to travel to Ash-Sham as reinforcement to Abu Ubaydah and Muslims…”
• The armies in Ash-Sham wrote to Umar asking him support, and he wrote to them: Ahmad narrated through narrators considered of the quality of the sound’s narrators, and Abu Hatim ibn Happan through sound narration from Sammak, he said: I heard Iyadh al-Ash’ary said: “I attended al-Yarmook when we were under five ameers: Abu Ubaydah ibn al-Jarrah, Yazeed ibn Aby Sufyan, Ibn Hasanag, Khalid ibn Al-Waleed and Iyadh who was different to the narrator that spoke to Sammak. He said that Umar said: If it was a matter of fight, then seek the help of Abu Ubaydah. He said: So we wrote to him that death raged against us and we sought his support. He wrote to us: I received your letter in which you seek my support. I direct you to the one who is of stronger support and his soldiers more ready; he is Allah (azza wajall), so seek His help, because Muhammad (saw) was given victory at Badr with less than your army. Once this my letter reached you fight against them and do not revise with me. He said: So we fought against him and thus defeated them. We killed them for four farsakh..”
• The army of Ash-Sham wrote to Umar ibn Al-Khattab “When we meet the enemy and see them cover their weapons with silk we find terror in our hearts. Umar wrote to them: You do the same, so cover your weapons with silk”, as mentioned by Ibn Taymiyyah in Al-Fatawa.
3. The state’s organizations other than the army. These are some of its correspondence.
• The letter of the Messenger (saw) to Mu’adh regarding the tenth: Yahya ibn Adam narrated in the book of Al-Kharaj about ruling, he said: “The Messenger of Allah (saw) wrote to Ma’adh in Yemen:
• فيما سقت السماء أو سقي غيلاً العشر، وما سقي بالغرب فنصف العشر
“The tenth is due in whatever was irrigated with rain or with sizable water; and half of the tenth in whatever is irrigated with bucket.” And Ash-Shi’by narrated the like of it.
• The letter of the Messenger of Allah (saw) to Al-Mundir ibn Sawa regarding the head tax (jizyah).
Aby Yousuf mentioned in the book of Al-Kharaj from Abu Ubaydah, he said:
كتب رسول الله صلى الله عليه وسلم إلى المنذر بن ساوى أن من صلى صلاتنا، واستقبل قبلتنا، وأكل ذبيحتنا، فذلك المسلم، له ذمة الله وذمة رسوله، فمن أحب ذلك من المجوس فهو آمن، ومن أبى فعليه الجزية“
The Messenger of Allah (saw) wrote to Al-Mundir ibn Sawa that whover prayed our prayer, turned to our qiblah, ate our slaughtered meat, then this the Muslim, and he is entitled with the protection of Allah and His Messenger. Whoever of the Magus liked that then he is safe, and whoever rejected, then he has to pay the jizyah”.
• The letter of Abu Bakr to Anas regarding the duty of Sadaqa, when he sent him to Bahrain: Al-Bukhari narrated from Anas “that Abu Bakr (ra) wrote to him regarding the duty of Sadaqah which Allah and His Messenger commanded…”
• The letter of Umar to Amr at the year of Ramadah (famine), and the reply of Amr to him. Ibn Khazeemah narrated in his authentic (saheeh) book, and Al-Hakim who said it is sound on the terms of Muslim, al-Bayhaqi in the Sunan, and Ibn Sa’d in the Tabaqaat from Zayd ibn Aslam from his father, he said: “When the year of Ramadah took place, and the land of the Arab suffered of drought, Umar ibn Al-Khattab wrote to Amr ibn Al-Ass: From Abdullah, ameer al-Mu’mineen to Amr ibn Al-Ass. By Allah you do not bother if you and the people on your side became fat at the time I and the people on my side became slim. Help us! Amr wrote: Peace is upon you. I am at your service; I am at your service. Camels are coming to you, where its first is with you and its last is with me; though I hope to find a way to carry the supplies by sea.”
• The letter of Mohammad Abu Bakr to Ali regarding the apostates, and his reply to him. Ibn Aby sheebah reported from Qaboos ibn al-Mukhariq from his father, he said: “Ali sent Mohammad ibn Abu Bakr as an ameer over Egypt, so he wrote to him regarding some zendik (apostates), some of them worship the sun and moon, and some of them worship something else, and some of them claim he is Muslim. He wrote to him ordering him regarding the zendik to kill the one that claims Islam, and leave others worship whatever they like.”
4. Letters addressed directly to the citizens, this is some of which:
• The letter of the Messenger (saw) to the people of Najran. It is narrated by Abu Dawud from Al-Saddy from ibn Appas. Al-Mundidry said: What Al-Saddy heard from Ibn Appas needs examination. Abu Ubayd narrated it in Al-Amwal from Aby Al-Maleeh Al-Hadly, which says at its end: “Uthman ibn Affan and Mu’ayqeeb testified to that, and wrote”. Abu Yousuf narrated it in Al-Kharaj, and he mentioned the scripter was Al-Mugheerah ibn Aby Shu’bah. Then Abu Yousuf mentioned the letter of Abu Bakr to them, and the scripter was Al-Mugheerah. Then he mentioned the letter of Umar and the scripter is Mu’ayqeeb, and then the letter of Uthman to them and the scripter is his associate (mawla) Humran, then the letter of Ali and the scripter is Abdullah ibn Rafi’.
• The letter of the Messenger (saw) to Tameem Al-Dari. Abu Yousuf mentioned in al-Kharaj, he said
:قام تميم الداري وهو تميم بن أوس - رجل من لخم - فقال يا رسول الله، إن لي جيرة من الروم بفلسطين، لهم قرية يقال لها حبرى،
وأخرى يقال لها عينون، وإن فتح الله عليك الشام فهبها لي، فقال: هما لك. قال: فاكتب لي بذلك، فكتب له: بسم الله الرحمن الرحيم، هذا كتاب من محمد رسول الله لتميم بن أوس الداري، أن له قرية حبرى وبيت عينون قريتها كلها، وسهلها وجبلها وماؤها وحرثها وأنباطها وبقرها ولعقبه من بعده، لا يحاقه فيها أحد، ولا يلحد عليهم أحد بظلم، فمن ظلم وأخذ منهم شيئاً فإن عليه لعنة الله والملائكة والناس أجمعين. وكتب عل
“Tameem Al-dary, who is Tameem ibn Aws, a man from Lakham, and said; O Messenger of Allah; I have neighbors from the Romans in Palestine. They have a village called Habra, and another one called ‘Aynoon. If Allah conquered Ash-Sham for you, please grant those (two villages) to me. He said: They are yours. He said; so write regarding that to me. He wrote to him: Bismillah ir-rahman ir-Rahim. This is a letter from Mohammad, the Messenger of Allah, to Tameem ibn Aws Al-Dary, that he has the village of Habra and the village of Bayt ‘Aynoon, all of it, its plain, mountain, water, arable land, Nabateans and cows, and to his offspring after him. No one would challenge him regarding his right over them, and nor any one would deviate from their right unjustly. Whoever did so and took any thing from them he deserves the curse of Allah, the Angels and all mankind. Ali has written.” When Abu Bakr took authority he wrote to them a letter regarding that that says: “Bismillahir Rahmanir Raheem. This is a letter from Abu Bakr, the trustee of the Messenger of Allah (saw) that was taken authority in the land. He writes it to the Darys, that no one would undermine what they possess of the village of Habra and ‘Aynoon. Whoever listens and obeys Allah, he must not undermine any thing of them. My chief has to set up the two doors on them, and protect them from the corrupters.”
The Khaleefah has the right to appoint secretaries as many as he needs in his correspondence. This even becomes obligatory if the duty cannot be performed without their appointment. The authors of the seerah mentioned that the Messenger of Allah (saw) had about twenty scripters. Al-Bukhari mentioned in his saheeh that the Messenger of Allah (saw) ordered Zayd ibn Thabit to learn the language of the Jews so as to read to the prophet (saw) when they write to him. So, he learnt it in fifteen days. Ibn Ishaq narrated from Abdullah ibn Al-Zubyr
:أن رسول الله صلى الله عليه
وسلم استكتب عبد الله ابن الأرقم بن عبد يغوث، وكان يجيب عنه الملوك...
“that the Messenger of Allah (saw) dictated to Abdullah ibn Al-Arqam ibn Abd Yaghooth, and he used to reply the kings on his behalf…” Al-Bayhaqi narrted from Abdullah ibn Umar (ra), he said
:أتى النبي كتاب رجل، فقال لعبد الله بن الأرقم: أجب عني، فكتب جوابه، ثم قرأه عليه فقال: أصبت وأحسنت اللهم وفقه
“A letter from a man came to the prophet (saw), so he said to Abdullah ibn Al-Arqam: Reply on my behalf. He wrote his reply and then read to the prophet (saw). He said: You did the right and was proficient; may Allah give him success”. Muhammad ibn Sa’d reported from Ali ibn Muhammad Al-Mada’ini through his narrations that Muhammad ibn Maslamah was the one who once wrote a letter to a delegate, based on an order from the Messenger of Allah (saw); Ali ibn Aby Talib was the one that used to write the treaties when the Messenger (saw) made treaties, and write peace when he made peace. Mu’ayqeeb ibn Aby Fatimah was responsible for his stamp. Al-Bukhari reported in the history through Muhammad ibn Bashshar from his grandfather Mu’ayqeeb, he said:
:كان خاتم رسول الله صلى الله عليه وسلم من حديد ملوّن عليه فضة كان بيدي. وكان المعيقيب على خاتم رسول الله صلى الله عليه وسلم
“The seal ring of the Messenger of Allah (saw) was made of coloured iron, with silver on it, and it was with me; and Mu’ayqeeb was responsible for the stamp of the Messenger of Allah (saw)”.
Organisations of the Khilafah State - Part 2
The delegated assistant ( Mu’awin at-Tafweed )
The assistants are the wazirs whom the Khaleefah appoints to assist him in discharging the tasks and responsibilities of the Khilafah. There are nUmarous tasks in the Khilafah, especially when the State is growing and expanding, and these would be a heavy burden for the Khaleefah alone. Hence he needs people to help him in carrying this burden and discharging these responsibilities.
It is invalid to call them wazirs without restriction, otherwise the meaning of wazir in Islam will be confused with its meaning in the current man made systems based on the secular, capitalist democratic basis, or other systems we observe nowadays.
The delegate assistant or mu;awin ut-tafweedh is the wazir appointed by the Khaleefah to carry with him the responsibility of ruling and authority. So, the Khaleefah delegates to him the discharge of the affairs according to his own opinion and to execute them according to his own ijtihad, in accordance with the divine rules. Thus the Khaleefah delegates to him general examination of the affairs and general deputyship to him.
Al-Haakim and at-Tirmidhi reported from Abi Sa’id al-Khudri that the Messenger of Allah (saw) said:
«وزيراي من السماء جبريل وميكائيل ومن الأرض أبو بكر وعمر»
“My two ministers (wazirs) from the heavens are Jibra’il and Mika’il and on the earth are Abu Bakr and Umar.”
The word ‘wazir’ in the Hadith means the helper and the assistant, which is the linguistic meaning. It has been used in the Qur’an with such a meaning; Allah (swt) says:
وَاجْعَلْ لِي وَزِيرًا مِنْ أَهْلِي
'Give me a minister from my family.’ [TMQ 20:29].
It also means a helper and assistant. The word wazir in the Hadith is unrestricted (mutlaqa) which includes any help or assistance in any matter; therefore he can assist the Khaleefah in the functions and the tasks of the Khilafah. The Hadith of Abi Sa’id al-Khudri is not specific to assistance in the matter of ruling, because Jibra’il and Mika’il, the two wazirs of the Messenger of Allah (saw) from heaven, have no relationship in helping him in the responsibilities and functions of ruling. Therefore the word wazirai (my two wazirs) in the Hadith does not indicate other than the linguistic meaning, which is my two assistants. It is understood from the hadeeth that it is allowed to have more than one assistant.
Though Abu Bakr and ‘Umar did not appear that they carried the tasks of ruling along with the Messenger of Allah (saw). However appointing them as two wazirs to him gives them the mandatory powers of assisting him in every matter without restriction, including the matters and tasks of ruling. After Abu Bakr became the Khaleefah, he appointed ‘Umar b. al-Khattab as an assistant to him. His assistance was so evident.
Once ‘Umar held the post of the Khilafah, ‘Uthman and ‘Ali were ‘Umar’s assistants, but they did not appear to carry out any role of assistanship to ‘Umar in the matters of ruling. Their situation was similar to that of Abu Bakr and ‘Umar with the Messenger of Allah (saw). At the time of ‘Uthman, ‘Ali and Marwan b. al-Hakam were his two assistants. However ‘Ali was unhappy about some affairs, so he remained distant. However, Marwan ibn Al-Hakam was quite evident in assisting ‘Uthman in the tasks of ruling.
If the delegate assistant was honest, he would then be of great advantage to the Khaleefah. He would remind him of every thing good and help him in its execution. It was narrated fro ‘Ayesha (ra), she said:
The Messenger of Allah (saw) said:
«إذا أراد الله بالأمير خيراً جعل له وزير صدق، إن نسي ذكَّره، وإن ذكر أعانه. وإذا أراد الله به غير ذلك جعل وزير سوء، إن نسي لَم يذكِّره، وإن ذكر لَم يعنه»
“If Allah wished something good to the ameer he would make for him a honest wazir. When he forgets something, he would remind him, and if he remembered it he would help him in it. If Allah wished to him something else, he would make for him a bad wazir. When he forgets something, he would not remind him, and if he remembered it he would not help him in it.” It is narrated by Ahmad. An-Nawawi said it of good transmission. Al-Bazzar narrated it through transmission described by Al-Haythami saying its narrators are of the sound hadeeth.
By examining the work of the assistant at the time of the Messenger (saw) and the time of Khulafaa’ Rashidoon, we find the assistant might be assigned to specific issues, where he is entitled of their general examination. He might also be appointed to have general examination in all the issues. He can also be appointed in a (certain) place and has the task of general examination, as well as in various places with a task of general examination. It has been narrated by al-Bukhari and Muslim through Abu Hurayarah, he said:
«بعث رسول الله عمر على الصدقة»
“The Messenger of Allah (saw) sent Umar as responsible for sadaqah.”
Ibn Khuzaymah and Ibn Hibban reported:
«أن رسول الله حين رجع من عمرة الجِعرانة، بعث أبا بكر على الحج»
“When the Messenger of Allah (saw) returned back from the umrah of Ja’ranah, he sent Abu Bakr responsible for hajj.”
This means Abu Bakr and Umar (ra), the two assistants of the Messenger of Allah (saw), were charged with general examination in specific tasks at the time of the Messenger of Allah (saw), though they were two assistants (wazirs) that were appointed with general examination and deputyship, as it is required by ministry of deputyship. This was the case of Ali and Uthman at the time of Umar. Even at the time of Abu Bakr, the assistantship of Umar to Abu Bakr was evident in the general examination and deputyship, to the point that some of the sahabah said to Abu Bakr: We do not know who is the Khaleefah? Is it Umar or you? Yet, Abu Bakr appointed Umar in the post of judiciary in some periods, as it is reported by al-Bahaqi through a narration which was corroborated by al-Hafiz.
Thereupon, it is understood from the Seerah of the Messenger (saw) and the khulafaa’ Rashidoon after him that the assistant is entrusted with the general examination and deputyship. However, it is allowed that the assistant is designated to a specific place or task, as the prophet (saw) did with Abu Bakr and Umar, and as Abu Bakr did with Umar. This is like appointing an assistant to follow up the northern regions while another to follow up the southern regions of the Khilafah state. The Khaleefah is allowed also to put the first assistant in the position of the second and the second in the position of the first. Besides he can direct one assistant to a specific task, and another to a different task, the way it is fit to help the Khaleefah. In such cases an assistant does not require a new designation; he just only needs transfer from one task to another. This is because he is entrusted originally with the general examination and deputyship; and all of these tasks are within his appointment as an assistant. The assistant differs in this regard from the governor (wali), where the governor is entrusted with the general examination in one place without being transferred from it. In case he is transferred he would rather need new appointment, because the new place is not included in the first appointment. However, the assistant is entrusted with the general examination and deputyship; so he is allowed to be transferred from one place to another without the need of new deputyship, since he is in origin entrusted with the general examination and deputyship in all the tasks.
It is understood from all of this that the Khaleefah appoints his assistant deputyship of him in all the regions of the state, with the general examination of all the tasks. However, he is allowed to charge him with a specific task, such as responsible for the eastern districts, and another for the western districts, and so on. The importance of such arrangement is evident in the case of having more than one delegated assistant, so their tasks would not conflict.
Since, the Khaleefah will need more than one deputy assistant, particularly because of the big size of the state, and allowing each one of them to conduct tasks all over the state, this would create problems in discharging their tasks, due to the possibility of interference that results from the general examination and deputyship, which each one of them has.
Therefore, we adopt:
In term of appointment: the assistant is entrusted with the general examination and deputyship, all over the state.
In term of action: he is charged with a task in part of the state. This means the Khilafah is divided into states (wilayaat) among the delegated assistants. One assistant would help in the east, while the other in the west, a third in the north, and so on.
In term of transference: the assistant is transferred from one place to another and from one task to another without the need of new deputyship. He is rather transferred based on his first deputyship, for the origin of his deputyship is being a delegated assistant that covers all tasks.
The conditions of the delegated assistant
The delegated assistant should meet the conditions as those required for the Khaleefah’s post, i.e. to be male, free, Muslim, mature, sane and just. In addition to this, the assistant should be from the people of competence in what is assigned to him in terms of duties delegated to him.
Evidences of these conditions are the same as those of the conditions of the Khaleefah post because the work of the delegated assistant is part of ruling; therefore he should be male, for the Messenger of Allah (saw) said:
«لن يفلح قوماً وَلّوا أمرهم امرأة»
“People who appoint a woman to run their affairs shall never succeed,” narrated by al-Bukhari on the authority of Abi Bakra.
He must also be free, for the slave does not have authority over his own affairs, thus he cannot run other people’s affairs.
He should also be mature, for the Messenger of Allah (saw) said:
«رفع القلم عن ثلاثة عن النائم حتى يستيقظ، وعن الصبي حتى يبلغ، وعن المعتوه حتى يبرأ»
“Three types of people are exempted from accountability, the one who sleeps until he wakes up, a child until he reaches the age of puberty and the insane until he is cured,” narrated by Abu Dawood.
He also should be sane; for in the same Hadith, the Messenger of Allah (saw) said:
«وعن المعتوه حتى يبرأ»
“And the insane until he is cured.”
And in another narration the Hadith States
«وعن المجنون المغلوب على عقله حتى يفيق»
‘…about the one whose mind is overpowered until he regains his mind.’The Mu’awin should also be just, for Allah (swt) has made it a condition in testimony.
He (swt) says:
(وَأَشْهِدُوا ذَوَى عَدْلٍ مِنْكُمْ)
“And seek the witness of two just men from amongst you” - [TMQ; 65:2]
Therefore, there is greater reason to require justice from the assistant of the Khaleefah. The Mu’awin should also be from the competent people in the duties of ruling. This is so as to enable him to assist the Khaleefah in shouldering the tasks of the Khilafah and the responsibility of rule and authority.
The task of the delegated assistant
The task of the delegated assistant is to submit to the Khaleefah all the work he intends to perform. He then reports to the Khaleefah what he has executed in terms of decisions and what he has discharged in terms of management and appointment, so that the assistant would not become like the Khaleefah in his powers. Therefore, his job is to submit his review and then execute it, unless the Khaleefah stops him from doing so.
The evidence for this is the nature of the Mu’awin as a deputy of the Khaleefah in the issue designated to him. A deputy acts on behalf of the person who appointed him as his deputy. Thus he does not become independent from the Khaleefah, but rather reviews with him every action just as ‘Umar used to do when he was wazir to Abu Bakr, whereby he would review with Abu Bakr what he intended to perform, then execute it accordingly. Reviewing with the Khaleefah does not necessarily mean that he needs to ask for his permission in every single detail, for this contradicts the nature of the Mu’awin. It rather means discussing the matter with him, for example the need of appointing a capable wali to one of the provinces or dealing with the complaints of people regarding food shortage in the market, or any other State affairs. He may also submit a matter to him, in the form of a presentation, which would be sufficient for the Mu’awin in the future to carry out the matter with all its details, without the need for permission to act. However, if the Khaleefah issues orders to stop the carrying out of any matter, then it should not be executed. Hence, the presentation is simply the putting forward of a proposal and the consultation with Khaleefah about it; and it does not mean seeking permission to carry out the task. The Mu’awin can execute the task in question as long as the Khaleefah does not stop him from doing so.
The Khaleefah should review the actions of the Mu’awin and his management of affairs, in order to approve what is right and redress what is wrong. This is so because the management of the Ummah’s affairs is commissioned to the Khaleefah and discharged according to his own ijtihad. The evidence for this is the Hadith of responsibility over the subjects where the Messenger of Allah (saw) said:
«الإمام راعٍ وهو مسؤول عن رعيته»
“The Imam is a guardian and he is responsible over his subjects.”
Therefore, the Khaleefah is entitled to the task of government and he is responsible over his subjects, whereas the delegated Mu’awin is not responsible over subjects, but he is merely responsible for his own actions. The responsibility over the subjects is confined to the Khaleefah alone. Therefore, the Khaleefah is obliged to review the actions of the Mu’awin and his performance in order to fulfill his duty towards his subjects. Aside from this, the delegated assistant can sometimes make errors, and the Khaleefah has to redress such errors, so he has to review all the assistant’s actions.
Therefore, it is for these two reasons: fulfilling responsibility towards his subjects and redressing potential errors made by the delegated assistant, that the Khaleefah is obliged to review all of the Mu’awin’s actions.
If the delegated assistant decided a matter and the Khaleefah approved of it, the Mu’awin could then execute it without any alterations. If the Khaleefah objected to what the Mu’awin had executed, then in this case the matter would be examined. If the Mu’awin had correctly carried out a verdict or if he had spent some funds in the correct areas or in certain projects then the Mu’awin’s opinion comes into force, for, in principle, it is the Khaleefah’s opinion, and the Khaleefah has no right to redress what the Mu’awin had executed in terms of rules he executed or funds he had spent. However, if the Mu’awin had performed other types of actions, such as the appointing of a Wali or the preparation of an army, the Khaleefah has the right to reverse the Mu’awin’s decision and enforce his own and nullify the Mu’awin’s actions. This is because the Khaleefah has the right to redress his own actions so he has the right to redress the actions of his assistant.
This is a description of the way which the Mu’awin follows in performing his actions and of the way which the Khaleefah follows in reviewing the Mu’awin’s actions. It is derived from what sort of actions the Khaleefah is allowed to redress and what actions he is not allowed to redress, because the actions of the delegated Mu’awin are considered as actions of the Khaleefah. As an explanation for this, it is allowed for the delegated assistant to rule by himself and to appoint rulers as it is allowed for the Khaleefah; This is so, because the conditions of ruling have been conferred to him. He is also entitled to investigate complaints or to deputize someone to do so, because the conditions of complaints have been verified for him. He is also entitled to take charge of Jihad by himself, or appoint someone to do so, for the conditions of war have been verified for him. He is entitled to execute matters he has decided or to deputize someone to execute them on his behalf, for the conditions of voicing an opinion and management are conferred to him. However, this does not mean that whatever the Mu’awin performed can’t be reversed by the Khaleefah, as long as he had been briefed about it. It rather means that he possesses the same powers as the Khaleefah, but he acts on his behalf and not independent of him. Therefore, the Khaleefah is entitled to disagree with the Mu’awin and redress what has been executed or reverse any of his actions, bearing in mind that this applies only to the sort of actions which the Khaleefah can redress of his own actions. If the Mu’awin had executed a rule correctly or spent funds in the right areas then the Khaleefah’s objections would carry no weight and the Mu’awin’s decision would be executed. This is because in principle, it is the Khaleefah’s own decision and in such cases he himself cannot reverse his decision or nullify what he himself had executed. Hence, he could not reverse his Mu’awin’s action. However, if the Mu’awin had appointed a Wali, an administrator, an army commander or any other appointee or if he had laid down an economic strategy, a military plan or an industrial program or any similar undertaking, then the Khaleefah is allowed to nullify it. This is because, although they are considered as being the Khaleefah’s opinions they fall under the category of decisions which the Khaleefah is entitled to redress even when done by himself. Accordingly he could do likewise with his Mu’awin’s decisions. So in this category, it is allowed for the Khaleefah to nullify the actions of the Mu’awin. The basic rule concerning this would be as follows: any action that the Khaleefah is allowed to redress of his own actions, he is entitled to redress in a like manner if performed by his Mu’awin; whereas any action the Khaleefah cannot redress, he is also not allowed to redress this action if performed by his Mu’awin.
The delegated Mu’awin is not designated to any particular department of the administration system, like the education department for example, because those who take charge of the administration matters are civil servants and not rulers; whilst, the delegated assistant is a ruler, rather than a civil servant. His task is take charge of the affairs, rather than performing the actions carried out by civil servants.
This is the reason why he does not run the administrative matters. It does not mean however that he is prevented from carrying out any administrative action; rather he is not confined to administration functions but is given a general responsibility.
Appointment and dismissal of the delegate assistants:
The delegated assistant is appointed and dismissed by the command of the Khaleefah. At the death of the Khaleefah, the term of the delegate assistants expires, and they do not continue in their post except during the term of the provisional ameer. After that they need new appointment from the new Khaleefah so as continue in their task. They do not need a decision of dismissal because their authority would eventually expire by the death of the Khaleefah that took them as his assistants.
The assistants are the wazirs whom the Khaleefah appoints to assist him in discharging the tasks and responsibilities of the Khilafah. There are nUmarous tasks in the Khilafah, especially when the State is growing and expanding, and these would be a heavy burden for the Khaleefah alone. Hence he needs people to help him in carrying this burden and discharging these responsibilities.
It is invalid to call them wazirs without restriction, otherwise the meaning of wazir in Islam will be confused with its meaning in the current man made systems based on the secular, capitalist democratic basis, or other systems we observe nowadays.
The delegate assistant or mu;awin ut-tafweedh is the wazir appointed by the Khaleefah to carry with him the responsibility of ruling and authority. So, the Khaleefah delegates to him the discharge of the affairs according to his own opinion and to execute them according to his own ijtihad, in accordance with the divine rules. Thus the Khaleefah delegates to him general examination of the affairs and general deputyship to him.
Al-Haakim and at-Tirmidhi reported from Abi Sa’id al-Khudri that the Messenger of Allah (saw) said:
«وزيراي من السماء جبريل وميكائيل ومن الأرض أبو بكر وعمر»
“My two ministers (wazirs) from the heavens are Jibra’il and Mika’il and on the earth are Abu Bakr and Umar.”
The word ‘wazir’ in the Hadith means the helper and the assistant, which is the linguistic meaning. It has been used in the Qur’an with such a meaning; Allah (swt) says:
وَاجْعَلْ لِي وَزِيرًا مِنْ أَهْلِي
'Give me a minister from my family.’ [TMQ 20:29].
It also means a helper and assistant. The word wazir in the Hadith is unrestricted (mutlaqa) which includes any help or assistance in any matter; therefore he can assist the Khaleefah in the functions and the tasks of the Khilafah. The Hadith of Abi Sa’id al-Khudri is not specific to assistance in the matter of ruling, because Jibra’il and Mika’il, the two wazirs of the Messenger of Allah (saw) from heaven, have no relationship in helping him in the responsibilities and functions of ruling. Therefore the word wazirai (my two wazirs) in the Hadith does not indicate other than the linguistic meaning, which is my two assistants. It is understood from the hadeeth that it is allowed to have more than one assistant.
Though Abu Bakr and ‘Umar did not appear that they carried the tasks of ruling along with the Messenger of Allah (saw). However appointing them as two wazirs to him gives them the mandatory powers of assisting him in every matter without restriction, including the matters and tasks of ruling. After Abu Bakr became the Khaleefah, he appointed ‘Umar b. al-Khattab as an assistant to him. His assistance was so evident.
Once ‘Umar held the post of the Khilafah, ‘Uthman and ‘Ali were ‘Umar’s assistants, but they did not appear to carry out any role of assistanship to ‘Umar in the matters of ruling. Their situation was similar to that of Abu Bakr and ‘Umar with the Messenger of Allah (saw). At the time of ‘Uthman, ‘Ali and Marwan b. al-Hakam were his two assistants. However ‘Ali was unhappy about some affairs, so he remained distant. However, Marwan ibn Al-Hakam was quite evident in assisting ‘Uthman in the tasks of ruling.
If the delegate assistant was honest, he would then be of great advantage to the Khaleefah. He would remind him of every thing good and help him in its execution. It was narrated fro ‘Ayesha (ra), she said:
The Messenger of Allah (saw) said:
«إذا أراد الله بالأمير خيراً جعل له وزير صدق، إن نسي ذكَّره، وإن ذكر أعانه. وإذا أراد الله به غير ذلك جعل وزير سوء، إن نسي لَم يذكِّره، وإن ذكر لَم يعنه»
“If Allah wished something good to the ameer he would make for him a honest wazir. When he forgets something, he would remind him, and if he remembered it he would help him in it. If Allah wished to him something else, he would make for him a bad wazir. When he forgets something, he would not remind him, and if he remembered it he would not help him in it.” It is narrated by Ahmad. An-Nawawi said it of good transmission. Al-Bazzar narrated it through transmission described by Al-Haythami saying its narrators are of the sound hadeeth.
By examining the work of the assistant at the time of the Messenger (saw) and the time of Khulafaa’ Rashidoon, we find the assistant might be assigned to specific issues, where he is entitled of their general examination. He might also be appointed to have general examination in all the issues. He can also be appointed in a (certain) place and has the task of general examination, as well as in various places with a task of general examination. It has been narrated by al-Bukhari and Muslim through Abu Hurayarah, he said:
«بعث رسول الله عمر على الصدقة»
“The Messenger of Allah (saw) sent Umar as responsible for sadaqah.”
Ibn Khuzaymah and Ibn Hibban reported:
«أن رسول الله حين رجع من عمرة الجِعرانة، بعث أبا بكر على الحج»
“When the Messenger of Allah (saw) returned back from the umrah of Ja’ranah, he sent Abu Bakr responsible for hajj.”
This means Abu Bakr and Umar (ra), the two assistants of the Messenger of Allah (saw), were charged with general examination in specific tasks at the time of the Messenger of Allah (saw), though they were two assistants (wazirs) that were appointed with general examination and deputyship, as it is required by ministry of deputyship. This was the case of Ali and Uthman at the time of Umar. Even at the time of Abu Bakr, the assistantship of Umar to Abu Bakr was evident in the general examination and deputyship, to the point that some of the sahabah said to Abu Bakr: We do not know who is the Khaleefah? Is it Umar or you? Yet, Abu Bakr appointed Umar in the post of judiciary in some periods, as it is reported by al-Bahaqi through a narration which was corroborated by al-Hafiz.
Thereupon, it is understood from the Seerah of the Messenger (saw) and the khulafaa’ Rashidoon after him that the assistant is entrusted with the general examination and deputyship. However, it is allowed that the assistant is designated to a specific place or task, as the prophet (saw) did with Abu Bakr and Umar, and as Abu Bakr did with Umar. This is like appointing an assistant to follow up the northern regions while another to follow up the southern regions of the Khilafah state. The Khaleefah is allowed also to put the first assistant in the position of the second and the second in the position of the first. Besides he can direct one assistant to a specific task, and another to a different task, the way it is fit to help the Khaleefah. In such cases an assistant does not require a new designation; he just only needs transfer from one task to another. This is because he is entrusted originally with the general examination and deputyship; and all of these tasks are within his appointment as an assistant. The assistant differs in this regard from the governor (wali), where the governor is entrusted with the general examination in one place without being transferred from it. In case he is transferred he would rather need new appointment, because the new place is not included in the first appointment. However, the assistant is entrusted with the general examination and deputyship; so he is allowed to be transferred from one place to another without the need of new deputyship, since he is in origin entrusted with the general examination and deputyship in all the tasks.
It is understood from all of this that the Khaleefah appoints his assistant deputyship of him in all the regions of the state, with the general examination of all the tasks. However, he is allowed to charge him with a specific task, such as responsible for the eastern districts, and another for the western districts, and so on. The importance of such arrangement is evident in the case of having more than one delegated assistant, so their tasks would not conflict.
Since, the Khaleefah will need more than one deputy assistant, particularly because of the big size of the state, and allowing each one of them to conduct tasks all over the state, this would create problems in discharging their tasks, due to the possibility of interference that results from the general examination and deputyship, which each one of them has.
Therefore, we adopt:
In term of appointment: the assistant is entrusted with the general examination and deputyship, all over the state.
In term of action: he is charged with a task in part of the state. This means the Khilafah is divided into states (wilayaat) among the delegated assistants. One assistant would help in the east, while the other in the west, a third in the north, and so on.
In term of transference: the assistant is transferred from one place to another and from one task to another without the need of new deputyship. He is rather transferred based on his first deputyship, for the origin of his deputyship is being a delegated assistant that covers all tasks.
The conditions of the delegated assistant
The delegated assistant should meet the conditions as those required for the Khaleefah’s post, i.e. to be male, free, Muslim, mature, sane and just. In addition to this, the assistant should be from the people of competence in what is assigned to him in terms of duties delegated to him.
Evidences of these conditions are the same as those of the conditions of the Khaleefah post because the work of the delegated assistant is part of ruling; therefore he should be male, for the Messenger of Allah (saw) said:
«لن يفلح قوماً وَلّوا أمرهم امرأة»
“People who appoint a woman to run their affairs shall never succeed,” narrated by al-Bukhari on the authority of Abi Bakra.
He must also be free, for the slave does not have authority over his own affairs, thus he cannot run other people’s affairs.
He should also be mature, for the Messenger of Allah (saw) said:
«رفع القلم عن ثلاثة عن النائم حتى يستيقظ، وعن الصبي حتى يبلغ، وعن المعتوه حتى يبرأ»
“Three types of people are exempted from accountability, the one who sleeps until he wakes up, a child until he reaches the age of puberty and the insane until he is cured,” narrated by Abu Dawood.
He also should be sane; for in the same Hadith, the Messenger of Allah (saw) said:
«وعن المعتوه حتى يبرأ»
“And the insane until he is cured.”
And in another narration the Hadith States
«وعن المجنون المغلوب على عقله حتى يفيق»
‘…about the one whose mind is overpowered until he regains his mind.’The Mu’awin should also be just, for Allah (swt) has made it a condition in testimony.
He (swt) says:
(وَأَشْهِدُوا ذَوَى عَدْلٍ مِنْكُمْ)
“And seek the witness of two just men from amongst you” - [TMQ; 65:2]
Therefore, there is greater reason to require justice from the assistant of the Khaleefah. The Mu’awin should also be from the competent people in the duties of ruling. This is so as to enable him to assist the Khaleefah in shouldering the tasks of the Khilafah and the responsibility of rule and authority.
The task of the delegated assistant
The task of the delegated assistant is to submit to the Khaleefah all the work he intends to perform. He then reports to the Khaleefah what he has executed in terms of decisions and what he has discharged in terms of management and appointment, so that the assistant would not become like the Khaleefah in his powers. Therefore, his job is to submit his review and then execute it, unless the Khaleefah stops him from doing so.
The evidence for this is the nature of the Mu’awin as a deputy of the Khaleefah in the issue designated to him. A deputy acts on behalf of the person who appointed him as his deputy. Thus he does not become independent from the Khaleefah, but rather reviews with him every action just as ‘Umar used to do when he was wazir to Abu Bakr, whereby he would review with Abu Bakr what he intended to perform, then execute it accordingly. Reviewing with the Khaleefah does not necessarily mean that he needs to ask for his permission in every single detail, for this contradicts the nature of the Mu’awin. It rather means discussing the matter with him, for example the need of appointing a capable wali to one of the provinces or dealing with the complaints of people regarding food shortage in the market, or any other State affairs. He may also submit a matter to him, in the form of a presentation, which would be sufficient for the Mu’awin in the future to carry out the matter with all its details, without the need for permission to act. However, if the Khaleefah issues orders to stop the carrying out of any matter, then it should not be executed. Hence, the presentation is simply the putting forward of a proposal and the consultation with Khaleefah about it; and it does not mean seeking permission to carry out the task. The Mu’awin can execute the task in question as long as the Khaleefah does not stop him from doing so.
The Khaleefah should review the actions of the Mu’awin and his management of affairs, in order to approve what is right and redress what is wrong. This is so because the management of the Ummah’s affairs is commissioned to the Khaleefah and discharged according to his own ijtihad. The evidence for this is the Hadith of responsibility over the subjects where the Messenger of Allah (saw) said:
«الإمام راعٍ وهو مسؤول عن رعيته»
“The Imam is a guardian and he is responsible over his subjects.”
Therefore, the Khaleefah is entitled to the task of government and he is responsible over his subjects, whereas the delegated Mu’awin is not responsible over subjects, but he is merely responsible for his own actions. The responsibility over the subjects is confined to the Khaleefah alone. Therefore, the Khaleefah is obliged to review the actions of the Mu’awin and his performance in order to fulfill his duty towards his subjects. Aside from this, the delegated assistant can sometimes make errors, and the Khaleefah has to redress such errors, so he has to review all the assistant’s actions.
Therefore, it is for these two reasons: fulfilling responsibility towards his subjects and redressing potential errors made by the delegated assistant, that the Khaleefah is obliged to review all of the Mu’awin’s actions.
If the delegated assistant decided a matter and the Khaleefah approved of it, the Mu’awin could then execute it without any alterations. If the Khaleefah objected to what the Mu’awin had executed, then in this case the matter would be examined. If the Mu’awin had correctly carried out a verdict or if he had spent some funds in the correct areas or in certain projects then the Mu’awin’s opinion comes into force, for, in principle, it is the Khaleefah’s opinion, and the Khaleefah has no right to redress what the Mu’awin had executed in terms of rules he executed or funds he had spent. However, if the Mu’awin had performed other types of actions, such as the appointing of a Wali or the preparation of an army, the Khaleefah has the right to reverse the Mu’awin’s decision and enforce his own and nullify the Mu’awin’s actions. This is because the Khaleefah has the right to redress his own actions so he has the right to redress the actions of his assistant.
This is a description of the way which the Mu’awin follows in performing his actions and of the way which the Khaleefah follows in reviewing the Mu’awin’s actions. It is derived from what sort of actions the Khaleefah is allowed to redress and what actions he is not allowed to redress, because the actions of the delegated Mu’awin are considered as actions of the Khaleefah. As an explanation for this, it is allowed for the delegated assistant to rule by himself and to appoint rulers as it is allowed for the Khaleefah; This is so, because the conditions of ruling have been conferred to him. He is also entitled to investigate complaints or to deputize someone to do so, because the conditions of complaints have been verified for him. He is also entitled to take charge of Jihad by himself, or appoint someone to do so, for the conditions of war have been verified for him. He is entitled to execute matters he has decided or to deputize someone to execute them on his behalf, for the conditions of voicing an opinion and management are conferred to him. However, this does not mean that whatever the Mu’awin performed can’t be reversed by the Khaleefah, as long as he had been briefed about it. It rather means that he possesses the same powers as the Khaleefah, but he acts on his behalf and not independent of him. Therefore, the Khaleefah is entitled to disagree with the Mu’awin and redress what has been executed or reverse any of his actions, bearing in mind that this applies only to the sort of actions which the Khaleefah can redress of his own actions. If the Mu’awin had executed a rule correctly or spent funds in the right areas then the Khaleefah’s objections would carry no weight and the Mu’awin’s decision would be executed. This is because in principle, it is the Khaleefah’s own decision and in such cases he himself cannot reverse his decision or nullify what he himself had executed. Hence, he could not reverse his Mu’awin’s action. However, if the Mu’awin had appointed a Wali, an administrator, an army commander or any other appointee or if he had laid down an economic strategy, a military plan or an industrial program or any similar undertaking, then the Khaleefah is allowed to nullify it. This is because, although they are considered as being the Khaleefah’s opinions they fall under the category of decisions which the Khaleefah is entitled to redress even when done by himself. Accordingly he could do likewise with his Mu’awin’s decisions. So in this category, it is allowed for the Khaleefah to nullify the actions of the Mu’awin. The basic rule concerning this would be as follows: any action that the Khaleefah is allowed to redress of his own actions, he is entitled to redress in a like manner if performed by his Mu’awin; whereas any action the Khaleefah cannot redress, he is also not allowed to redress this action if performed by his Mu’awin.
The delegated Mu’awin is not designated to any particular department of the administration system, like the education department for example, because those who take charge of the administration matters are civil servants and not rulers; whilst, the delegated assistant is a ruler, rather than a civil servant. His task is take charge of the affairs, rather than performing the actions carried out by civil servants.
This is the reason why he does not run the administrative matters. It does not mean however that he is prevented from carrying out any administrative action; rather he is not confined to administration functions but is given a general responsibility.
Appointment and dismissal of the delegate assistants:
The delegated assistant is appointed and dismissed by the command of the Khaleefah. At the death of the Khaleefah, the term of the delegate assistants expires, and they do not continue in their post except during the term of the provisional ameer. After that they need new appointment from the new Khaleefah so as continue in their task. They do not need a decision of dismissal because their authority would eventually expire by the death of the Khaleefah that took them as his assistants.
Subscribe to:
Posts (Atom)
