The
following was downloaded from www.khilafah.com,
and explains exactly what is meant by Khilafah, or Caliphate: a single Islamic
government for all muslim held territory. In this ideal, individual muslim
held states or territories essentially cease to exist as separate entities.
Control his held by the Caliph, a single, supreme ruler.
What is the Khilafah
1. What is Dar al-Islam?
Dar al-Islam is the land where Islamic Law is implemented in
all matters of life and ruling and whose security is maintained in
the name of Islam even if its citizens are non-Muslims.
2. What is Dar al-Kufr?
Dar al-Kufr is the land where Kufr laws are implemented in matters
of life and whose security is maintained in the name of Kufr
even if all its citizens are Muslims. This is because the criterion
of a region being Dar al-Islam or Dar al-Kufr are the laws that
are implemented there, and the security by which it is protected,
the criterion is not the religion of its citizens.
3. Which Muslim Countries today are Dar al-Islam?
Out of the Muslim countries of today, there is not a single
country or state where Islamic laws are exclusively implemented
in ruling and life’s affairs; therefore all of them are considered
Dar al-Kufr although their citizens are Muslims.
4. What is The Muslims Duty towards His Country?
Islam makes it a duty upon all Muslims to work to change their
countries from Dar al-Kufr to Dar al-Islam, and this can be
achieved by establishing the Islamic State i.e. the Khilafah,
and by electing a Khaleefah and taking a bay’ah on him that he will
rule by the Word of Allah (Subhaanahu Wa Ta’Ala) i.e. he will
implement Islamic laws in the country where the Khilafah has been
established. Then the Muslims should work with the Khilafah
to combine the rest of the Islamic countries with it, hence
the countries will become Dar al-Islam and they will then carry
Islam to the world through invitation and jihad.
5. What is the Khilafah
The Khilafah is the global leadership for all the Muslims in
the world. Its role is to establish the laws of the Islamic
Shari‘ah and to carry the da‘wah of Islam to the world.
6. Is the Khilafah known as anything else?
The Khilafah is also known as the Imamah, both terms have the
same meaning. Several sound ahadith mention them with the same
meaning, neither of the two terms has ever differed in meaning in
any Shari‘ah text i.e. the Qur’an or the Sunnah of the Prophet
(Salallahu Alaihi Wasalaam), these being the only Shari‘ah sources.
It is not compulsory to hold to the term of Khilafah or Imamah,
but rather it is compulsory to hold to the meaning of the term.
7. Is the establishment of a Khaleefah an obligation upon
all Muslims in the world?
The establishment of a Khaleefah is an obligation upon all Muslims
in the world. Performing this duty, like any of the duties prescribed
by Allah (Subhaanahu Wa Ta’Ala) upon the Muslims, is an urgent
obligation in which there can be no choice or complacency. Negligence
in performing this duty is one of the greatest sins, for which
Allah (Subhaanahu Wa Ta’Ala) punishes severely.
8. What is the evidence that the appointment of a Khaleefah
is obligatory?
The evidence that the appointment of a Khaleefah is obligatory
upon all Muslims is in the Sunnah and the Ijma‘a (consensus)
of the Sahabah.
9. What is the evidence from the Sunnah
As for the Sunnah, Nafi‘a reported saying: “‘Umar said to me
that he heard the Prophet (Salallahu Alaihi Wasalaam) saying:
Whoso takes off his hand from allegiance to Allah (Subhaanahu
Wa Ta’Ala) will meet Him (Subhaanahu Wa Ta’Ala) on the Day of
Resurrection without having any proof for him, and whoso dies
whilst there was no bay‘ah (allegiance or a pledge) on his neck
(to a Khaleefah), he dies a death of jahilliyah.” So the
Prophet (Salallahu Alaihi Wasalaam) made it compulsory upon
every Muslim to have a bay‘ah on his neck, and described whoever
dies without a bay‘ah on his neck that he dies a death of jahilliyah.
The bay‘ah cannot be for anyone except the Khaleefah, and the
Prophet (Salallahu Alaihi Wasalaam) made it obligatory upon
every Muslim to have on his neck a bay‘ah to a Khaleefah. Yet
he did not make it an obligation upon every Muslim to give bay‘ah
to a Khaleefah. The duty is the existence of a bay‘ah on the
neck of every eligible Muslim, i.e. the existence of a Khaleefah
who accordingly deserves a bay‘ah upon the neck of every Muslim. So
it is the presence of the Khaleefah which places a bay‘ah on
the neck of every Muslim, whether the Muslim gave a bay‘ah to
him in person or not.
Therefore, this hadith of the Prophet (Salallahu Alaihi Wasalaam)
is an evidence that the appointment of the Khaleefah is an obligation
and not a proof that giving the bay‘ah is obligatory. This is
so because the Prophet (Salallahu Alaihi Wasalaam) rebuked the
Muslim who has not a bay‘ah on his neck until he dies, not the
one who did not give bay‘ah. Hisham ibn ‘Urwa reported on the
authority of Abu Saleh on the authority of Abu Hurairah that
the Prophet (Salallahu Alaihi Wasalaam) said: “Leaders will
take charge of you after me, where the pious (one) will lead
you with his piety and the impious (one) with his impiety, so
listen to them and obey them in everything which conforms with
the truth. If they act rightly it is for your credit, and if they
acted wrongly it is counted for you and against them.” Muslim
narrated on the authority of al-A’araj, on the authority of
Abu Hurairah, that the Prophet (Salallahu Alaihi Wasalaam) said:
“Behold, the Imam is but a shield from behind whom the people
fight and by whom they protect themselves.” Muslim reported
on the authority of Abu Hazim, who said: “I accompanied Abu
Hurairah for five years and heard him talking of the Prophet’s
saying: The Prophets ruled over the children of Israel, whenever
a Prophet died another Prophet succeeded him, but there will
be no Prophet after me. There will be Khulafa’a and they will
number many. They asked: What then do you order us? He said:
Fulfil the bay‘ah to them one after the other and give them
their due. Surely Allah will ask them about what He entrusted
them with.” Ibn ‘Abbas narrated that the Prophet (Salallahu
Alaihi Wasalaam) said: “If anyone sees in his amir something
that displeases him let him remain patient, for behold, he who
separates himself from the sultan (authority of Islam) by even
so much as a hand span and dies thereupon, has died a death
of the days of jahilliyah”.
In these ahadith, the Prophet (Salallahu Alaihi Wasalaam) informs
us that leaders will run the affairs of Muslims, and the ahadith
include the description of the Khaleefah as a shield, i.e. a
protection. So the description of the Imam as a shield is informative
of the benefits of the presence of the Imam, thus it is a command
for action, because if the information conveyed by Allah (Subhaanahu
Wa Ta’Ala) and the Prophet (Salallahu Alaihi Wasalaam) contained
rebuke then it is a command of prohibition, and if it contained
praise then it is a command for action. If the ordered action
is necessary to implement a hukm shara’i (divine law), or by
its negligence a hukm shara’i will be neglected, then this command
is decisive.
In these ahadith there is information also that those who run
the affairs of Muslims are Khulafa’a, which indicates an order
to appoint them. They also include a prohibition for Muslims
to separate from the authority, which indicates the obligation
upon Muslims to appoint an authority for themselves, i.e. ruling.
Moreover, the Prophet (Salallahu Alaihi Wasalaam) ordered the
Muslims to obey the Khaleefah and to fight those who dispute
his authority as Khaleefah, which indicates an order to appoint
a Khaleefah and to protect his Khilafah by fighting against
whosoever disputes with him. Muslim reported that the Prophet
(Salallahu Alaihi Wasalaam) said: “He who pledged allegiance
to an Imam giving him the clasp of his hand and the fruit of
his heart shall obey him as long as he can, and if another comes
to dispute with him you have to strike the neck of that man.”
So the command to obey the Imam is an order to establish him,
and the command to fight those who dispute with him is an evidence
that this command is decisive in maintaining the presence of
one Khaleefah.
10. What is the evidence from the Ijma‘a of the Sahabah
In regard with the Ijma‘a of the Sahabah they all agreed upon
the necessity to establish a successor or Khaleefah to the Prophet
(Salallahu Alaihi Wasalaam) after his death, and they all agreed
to appoint a successor to Abu Bakr, then to ‘Umar, then to ‘Uthman,
after the death of each one of them.
The Ijma‘a of the Sahabah to establish a Khaleefah manifested
itself emphatically when they delayed the burial of the Prophet
(Salallahu Alaihi Wasalaam) after his death whilst engaged in
appointing a successor to him, despite the fact that the burial
of the dead person is fard, and that it is haram upon those who are
supposed to prepare for his burial to engage themselves in anything
else until they complete the burial. The Sahabah were obliged
to engage themselves in preparing the burial of the Prophet
(Salallahu Alaihi Wasalaam), instead some of them engaged themselves
in appointing a Khaleefah rather than carrying out the burial,
and some others kept silent on this engagement and participated
in delaying the burial for two nights despite their ability
to deny the delay and their ability to bury the Prophet (Salallahu
Alaihi Wasalaam). So this was an Ijma‘a to engage themselves
in appointing a Khaleefah rather than to bury the dead. This
could not be legitimate unless the appointment of a Khaleefah
is more obligatory than the burial of the dead.
Also, all the Sahabah agreed throughout their lives upon the
obligation of appointing a Khaleefah. Although they disagreed
upon the person to elect as a Khaleefah, they never disagreed
upon the appointment of a Khaleefah, neither when the Prophet
(Salallahu Alaihi Wasalaam) died, nor when any of the Khulafa’a
ar-Rashidun died. Therefore the Ijma‘a of the Sahabah is a clear
and strong evidence that the appointment of a Khaleefah is obligatory.
11. Is the establishment of Islam and the implementation
of the Shari‘ah rules in all walks of life compulsory?
The establishment of Islam and the implementation of the Shari‘ah
rules in all walks of life is compulsory on Muslims through
definitely proven evidences. This duty cannot be achieved unless
there is a ruler who has an authority. The divine principle
states ‘what is necessary to accomplish a wajib (duty) is itself
a wajib’. So the establishment of a Khaleefah is also compulsory
according to this divine principle.
Moreover, Allah (Subhaanahu Wa Ta’Ala) has ordered the Prophet
(Salallahu Alaihi Wasalaam) to rule between Muslims by that
which He (Subhaanahu Wa Ta’Ala) revealed to him, and the order of
Allah (Subhaanahu Wa Ta’Ala) to him was in a decisive manner. Allah
(Subhaanahu Wa Ta’Ala) addressed the Prophet (Salallahu Alaihi
Wasalaam):
“And rule between them by that which Allah revealed to you,
and do not follow their vain desires away from the truth which
came to you”. [TMQ5 :48]
And:
“And rule between them by that which Allah revealed to you
and do not follow their whims, and beware (be on the alert) that
they may deviate you away from even some part of what Allah revealed
to you”. [TMQ5 :49]
The speech of Allah (Subhaanahu Wa Ta’Ala) to the Prophet (Salallahu
Alaihi Wasalaam) is a speech to his Ummah unless there is evidence
which limits the speech to him. In this case there is no such
evidence, so the aforementioned verses order all Muslims to
establish the rule. The establishment of the Khaleefah does
not mean other than the establishment of the rule and the authority.
On the other hand, Allah (Subhaanahu Wa Ta’Ala) made it obligatory
upon Muslims to obey those in authority, i.e. the ruler, which
indicates that the existence of the ruler is obligatory upon
Muslims.
“O you who believe obey Allah and obey the Messenger and
those in authority amongst you”. [TMQ4 :59]
Allah (Subhaanahu Wa Ta’Ala) does not order obedience to those
who do not exist. This indicates that the existence of the ruler
is obligatory. When Allah (Subhaanahu Wa Ta’Ala) orders obedience
to those in authority it is an order to establish them. The
implementation of the Shari‘ah depends upon the existence of the
ruler, thus, the establishment of the ruler becomes obligatory as
its absence will result in the sin of neglecting the Shari‘ah.
Therefore, it is clear from these evidences that the establishment
of the rule and the authority amongst Muslims is fard, and it
is also clear that the appointment of a Khaleefah who takes
the charge of the rule and the authority is compulsory upon Muslims
in order to implement the Shari‘ah laws; and not for the sake of
rule and authority only. Reflect upon what the Prophet (Salallahu
Alaihi Wasalaam) said: “The best of your Imams (leaders)
are those whom you love and they love you, 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.” The Messenger of Allah (Salallahu Alaihi Wasalaam)
was asked: “Would we not declare war on them (face them with
the swords)?” He said: “No, as long as they establish salah
(meaning Islam) among you.” This hadith is clear in informing
about the good and bad leaders, and clear in prohibiting the
challenge of their authority as long as they establish the prayer,
which in this context indicates upholding of Islam, and establishing
its rule.
So the obligation upon Muslims to appoint the Khaleefah who
establishes the laws of Islam and conveys its call is a matter
which has no doubt with regard to its certainty in the sound
texts of Shari‘ah. Moreover, it is an obligatory duty due to
the fact that Allah (Subhaanahu Wa Ta’Ala) made it fard upon
Muslims to establish the authority of Islam and to protect the
honour of Muslims. However, this duty is a collective one, so
if some people of the Ummah accomplished it, the fard is fulfilled
and thus responsibility drops from the rest of the Ummah. And
if part of the Ummah was unable to achieve the fard, though they
carried out the actions which establish it, then the responsibility
remains upon all the Muslims, and the fard remains upon every
Muslim as long as Muslims are without a Khaleefah.
12. What is the difference between the one who refrains from
establishing a Khaleefah and the one who embarks on working
to establish a Khaleefah?
To refrain from establishing a Khaleefah for the Muslims is
a great sin because it is abstaining from carrying out a very
important fard of Islam, upon which the implementation of the
divine laws depends, even upon which the presence of Islam in
the battlefield of life depends as well. So Muslims as a whole
commit a great sin by refraining from establishing a Khaleefah for
all Muslims. And if they agreed to remain without a Khaleefah
the sin would befall all Muslims in the entire world. If some
of the Muslims embarked on working to establish a Khaleefah
and the others did not, the sin will drop from the shoulders
of those who started to work to establish the Khaleefah, while
the fard remains on them until the Khaleefah is appointed. This
is so because the involvement in establishing the fard removes
the sin for the delay of its fulfilment in its time, and for
its non-fulfilment despite one’s engagement in the work for
establishing it, and despite his hatred of that which prevents
him from accomplishing it.
As for those who were not engaged in the work for establishing
the fard, the sin will remain on them as soon as the three days
period has passed, from the departure of the Khaleefah until
the appointment of a new Khaleefah, because Allah (Subhaanahu
Wa Ta’Ala) has entrusted them with a fard, which they did not
carry out nor engage themselves in the work which is required
for its completion. Therefore, they are sinful and deserve the
punishment and shame from Allah (Subhaanahu Wa Ta’Ala) in this
life and the hereafter. They are sinful due to their refrain
from establishing the Khaleefah or from the actions which (according
to Shari‘ah) establish the Khaleefah. It is clear and obvious
that a Muslim deserves the punishment of Allah (Subhaanahu Wa
Ta’Ala) when he ignores any of the duties enjoined upon him,
particularly the duty by which the other duties are implemented
and the Shari‘ah rules are established and the matter of Islam
is brought aloft and the word of Allah (Subhaanahu Wa Ta’Ala)
is exalted in the Muslim and the rest of the world.
Accordingly, no Muslim on the face of this earth has an excuse
to abandon the duty of establishing the deen which Allah (Subhaanahu
Wa Ta’Ala) has ordered, that is, the establishment of a Khaleefah
for Muslims, when there is no Khilafah on the earth, and no
one to implement the hudood (limits) of Allah (Subhaanahu Wa
Ta’Ala) to protect the sanctities of Allah (Subhaanahu Wa Ta’Ala),
and no one to implement the laws of the deen and unify the Muslim
community under the banner of La ilaha illa Allah, Muhammadun
Rasul Allah. There is no permission in Islam to abandon the
work for this duty until it is indeed completed.
13. Is the Khilafah the Only Structure of the Islamic System
of Government?
Islam has determined the structure of Islamic government to
be the system of Khilafah and it is the only system of ruling of the
Islamic State. Muslim narrated about Abu Hazim, who said, “I
accompanied Abu Hurayrah for five years and heard him talking
of the Prophet’s saying: The Prophets ruled over Bani Israel,
whenever a Prophet died another Prophet succeeded him, but there
will be no Prophet after me. There will be Khulafa’a and they
will number many.”
This hadith is a clear statement of the fact that the Islamic
structure of government after the Messenger of Allah (Salallahu
Alaihi Wasalaam) is the Khilafah. This fact is strengthened
by evidence from numerous other ahadith that the Khilafah or
Imamah is the only system of government in Islam, like the hadith,
“After me there will be Imams” and the hadith, “If
a bay’ah is taken for two Khaleefahs...” and other ahadith
which all indicate that the system of government in Islam is
the Khilafah only.
14. Are Muslims all over the world allowed to have more than
one Islamic State, or more than one Khaleefah?
The system of government in Islam, which is the system of Khilafah,
is a unitary system of one state and not a federal system. And
Muslims all over the world are not allowed to have more than
one Islamic State, nor to have more than one Khaleefah who rules
them by the Book of Allah (Subhaanahu Wa Ta’Ala) and the Sunnah
of the Messenger of Allah (Salallahu Alaihi Wasalaam) i.e. he
implements the Islamic Law, because Shari’ah evidences have
established this and prohibited the existence of more than one
state, as is narrated by ‘Abdullah ibn ‘Amr ibn al-’As, who said
that he heard the Messenger of Allah (Salallahu Alaihi Wasalaam)
say, “He who gave the bay’ah to an Imam giving him the clasp
of his hand and the fruit of his heart shall obey him as long
as he can, and if another person comes to dispute with him (his
authority) you have to strike the neck of that person.”
And as narrated by Abu Said al-Khudri, that the Messenger of
Allah (Salallahu Alaihi Wasalaam) said, “If a bay’ah is taken
for two Khaleefahs, kill the latter one”, and as narrated
by ‘Arfajah that he heard the Messenger of Allah (Salallahu
Alaihi Wasalaam) say, “If someone comes to you when you are
united over one man and wants to break your strength and divide
your unity, kill him.”
These ahadith are clear statements of the fact that Muslims
cannot have more than one Khaleefah, and if another person tries
to wrest his power it is necessary to kill that person. If bay’ah
is taken for two persons, the first is considered the Khaleefah
and the second is killed if he does not back out. If anyone
disputed with the Khaleefah in order to break up the State or
to put himself forward as Khaleefah, he should be killed.
These ahadith are also explicit that Muslims are not allowed
to have more than one state and they are explicit in the necessity
that the Islamic State is a state of unity, and not a state
of union, made up of many units.
15. What Are the Principles of Government in Islam
The Islamic system of government is based on four principles:
i. Sovereignty is for Allah (Subhaanahu Wa Ta’Ala) and not for
the People
What controls and runs the Muslims and the Ummah is not the
Muslims themselves, nor the Ummah, rather the choice of the
Muslims and the Ummah is controlled by Allah’s orders and prohibitions
only.
“Surely they will not believe until they make you the judge
in what they disagree.” [TMQ4 :65]
“It is not for the believer (male or female) that when Allah
and His Messenger have decided a matter that they should have
any choice in their matter.” [TMQ 33 :36]
“O you who believe! Obey Allah, obey the Messenger and the
rulers from amongst you, and if you disagree on a matter then
return it (for judgment) to Allah and the Messenger if you truly
believe in Allah and the Last Day.” [TMQ4 :59]
And the Messenger of Allah’s (Salallahu Alaihi Wasalaam) saying,
“None of you will be a (true) believer until his desire follows
that which I have come with (i.e. Islam).”
These evidences are explicit in making the sovereignty for the
Laws of Allah (Subhaanahu Wa Ta’Ala) and not for the Ummah.
ii. The Authority is for the Ummah
It is clear that the authority i.e. the government, is for the
Ummah because it is apparent in the method, defined by the Law-Giver
in appointing the Khaleefah by the Ummah through the bay’ah,
and also from the fact that the Khaleefah takes the authority
by the bay’ah and he governs the Ummah on her behalf. And the
fact that the Khaleefah takes the bay’ah is a clear proof that
the actual authority is from the Ummah, who gives it to whom
she sees fit. There are also other explicit ahadith which state
that the Ummah appoints the leader and gives a bay’ah to him.
It is narrated by ‘Abdullah ibn ‘Amr that the Messenger of Allah
(Salallahu Alaihi Wasalaam) said, “It is not allowed that
three be in the open (during a journey) and that they do not
make one of them their leader.”
It is clear here that the appointer is the Ummah. And the ahadith
of bay’ah, already mentioned, clearly make the point that the
authority is from the Ummah.
iii. There is only one Khaleefah
To appoint one Khaleefah upon all Muslims to represent them
in the government is a duty of the Muslims and we have gone
through many ahadith about the appointment of the Khaleefah
and the necessity that the Khaleefah is one, a matter which
was also indicated by the Ijma’a of the Sahabah.
iv. The Khalifah alone has the right to adopt and enforce
Islamic opinions in the State
The Khaleefah is the one who issues the constitution and the
various canons. The Ijma’a of the Sahabah proves that only the
Khaleefah can adopt divine laws and from this consensus is deduced
these famous principles: “The Imam’s order settles the differences”
and “The Imam’s order is implemented” and “The Imam can put
forward as many solutions as the (number of) problems which
arise.”
16. What Does the Structure of the Islamic State Consist
Of
The structure of the Islamic State consists of the following
components:
1. The Khaleefah.
2. Delegated Assistants.
3. The Executive Assistants.
4. The Amir of Jihad (army).
5. The Walis (Governors).
6. The Judiciary.
7. The Administrative System.
8. The Council of the Ummah.
These components have been taken from the Sunnah of the Messenger
of Allah (Salallahu Alaihi Wasalaam), because he (Salallahu
Alaihi Wasalaam) built the structure of the State, and he (Salallahu
Alaihi Wasalaam) was the head of the State, and he (Salallahu
Alaihi Wasalaam) ordered the Muslims to put for themselves a
Khaleefah (after him) and he (Salallahu Alaihi Wasalaam) appointed
Abu Bakr and ‘Umar as his assistants (as narrated in Tirmidhi),
“My two wazirs from the people of the earth are Abu Bakr
and ‘Umar.”
And wazir means the one who helps, and not the term Minister
as used in the Western democracies. Similarly, the Messenger
of Allah (Salallahu Alaihi Wasalaam) appointed commanders for
war and jihad and appointed walis for the provinces. He appointed
Mu’adh as a governor of Yemen and appointed A’ttab ibn Usayd
as governor of Makkah after the conquest of Makkah. Similarly,
he (Salallahu Alaihi Wasalaam) appointed judges to judge between
people. He appointed ‘Ali ibn Abi Talib as a judge for Yemen
and sent Rashid ibn ‘Abdullah as the amir of judiciary and Unjust
Acts. As regards to the administration structure, he (Salallahu
Alaihi Wasalaam) appointed secretaries for the public administrations,
their rank being that of head of department. He appointed Mueqeeb
ibn Abu Fatimah as secretary for the spoils of war and Hudhayfah
ibn al-Yaman as secretary for collection of the zakat on the
fruits of Hijaz.
As regards the Council of the Ummah, the Messenger of Allah
(Salallahu Alaihi Wasalaam) did not always have a formal assembly,
but he (Salallahu Alaihi Wasalaam) used to take advice from
Muslims. He (Salallahu Alaihi Wasalaam) collected them on the
day of Uhud and sought their advice. And sometimes he (Salallahu
Alaihi Wasalaam) used to call specific persons on a continuous
basis to seek their advice, and these were some of the leaders
of their people (tribes), who included Hamzah, Abu Bakr, ‘Umar,
Ja’far, ‘Ali, Ibn Mas’ud, Salman, ‘Ammar, Hudhayfah, Abu Dharr,
al-Miqdad, Sa’d ibn ‘Ubadah and Sa’d ibn Mu’adh, and they were
like an assembly whose advice was sought.
Similarly, the Messenger of Allah (Salallahu Alaihi Wasalaam)
formed an army and he was its real commander and he (Salallahu
Alaihi Wasalaam) also used to appoint commanders in some of
his battles.
17. Is the Monarchical system an Islamic System?
The Monarchical system is not an Islamic system and Islam does
not approve of it whether the king is a figurehead who does
not rule, as is the case in Britain and Spain, because the Khaleefah
is not a figurehead, rather he is the ruler and an executor
of the laws of Allah (Subhaanahu Wa Ta’Ala) on behalf of the
Ummah, or if the king is the head and the actual ruler, as is
the case in Saudi Arabia and Jordan. This is because the Khaleefah
does not acquire his position like the kings do; rather, Muslims
select him and give him the bay’ah. The hereditary system is
not allowed in Islam; the Khaleefah does not have more privileges
than any other Muslim citizen and he is not above the Law like
the kings who cannot be tried, rather he is subservient to the
laws of Allah (Subhaanahu Wa Ta’Ala) and is liable to be accounted
on every act he commits.
18. Is the Republican system an Islamic System?
The Republican system is not an Islamic system and Islam does
not approve of it whether it is Presidential in nature as in
the US or it is Parliamentary, as found in Germany, because
the Republican system in both these forms is based on the democratic
system which gives the sovereignty to the people, whilst the
system of Khilafah is based on the system of Islam that gives
sovereignty to the Shara’. Accordingly the Ummah does not have the
right to remove the Khaleefah, though she has the right to choose
him and to account him, and only the Islamic rule can remove
the Khaleefah i.e. in case he works against the Shara’ in such
a way that it becomes necessary to remove him. The power to
decide whether the Khaleefah has worked against the Law such
that he must be removed rests with the Mahkamat ul-Mudhalim
(Court of the Unjust Acts) which has the authority to remove
him from the seat of Khaleefah, due to Allah (Subhaanahu Wa
Ta’Ala) ruling,
“O you who believe! Obey Allah, obey the Messenger and the
rulers from amongst you, and if you disagree on a matter then
return it (for judgement) to Allah and the Messenger if you
truly believe in Allah and the Last Day.” [TMQ4 :59]
This means that they must turn over the matter to the Law of
Allah (Subhaanahu Wa Ta’Ala) and His Messenger (Salallahu Alaihi
Wasalaam), and the Court of the Unjust Acts represents the Law
of Allah (Subhaanahu Wa Ta’Ala) and His Messenger (Salallahu
Alaihi Wasalaam), whilst in the case of the President of the
Republican system the people have the right to remove him, because
the people have the sovereignty and the authority. The Khaleefah
is not elected for a limited term; the only limitation to his
rule is the implementation of Islam. If he does not implement
Islam, he will be removed even if it is after only one month
of his appointment. In contrast the President of the Republic
is elected for a limited term. Moreover, in the Parliamentary system
there is the Prime Minister beside the President, and the President
is only a figurehead without power, the real power rests with
the Prime Minister. The Khaleefah is the real ruler and he rules
and implements his orders and he has no ministers who rule independent
of him.
19. Is the Presidential system an Islamic System
Although the President in the Presidential system is himself
the actual ruler, he does have with him ministers who have authority
of ruling and he is their head and his rank is that of the President
of the government. This is in contradiction to the system of
Khilafah where the Khaleefah rules directly, and he has with
him assistants. These assistants do not have the powers of ministers
as in the democratic Republican system. When the Khaleefah becomes
the ruler he is the ruler in the capacity of the head of the
State and not the head of an executive committee. Therefore there
exists a great difference between the Republican and the Khilafah
systems, and therefore it is not allowed to name the Islamic
State an Islamic Republic, nor is it allowed to say that the
system of government in Islam is Republican nor that Islam is
a Republican system because of the complete contradiction between
the two.
20. Is the Islamic System an Imperial System?
The regions ruled by Islam - though they are of various races
and linked to one central place - are not ruled by an imperial
system but by a system contradictory to the imperial system. The
Imperial system does not treat races equally in the various regions
of the empire; rather it gives privileges in the ruling, finance
and economy to the centre of the empire.
The Islamic way of ruling is to equate between the subjects
in all the regions of the state. Islam grants non-Muslims who
hold citizenship, the full rights and duties that Muslims have.
They enjoy the same fairness as Muslims and are subject to the
same accountability like them. Furthermore, every single citizen,
regardless of his or her creed, enjoys rights that even a Muslim
living abroad who holds no citizenship does not enjoy. With
this equality, the Islamic system differs completely from the
Imperial one. It does not make the regions under its ruling
into colonies, areas of exploitation, nor a source of wealth
funneled back into the central region for its own benefit, no
matter how far apart they were, and no matter how different
their races were. It considers every single region as a part
of the state and its citizens enjoying the same rights as those
in the central region. It also makes the ruling authority, its
system and its legislation the same in all the regions.
21. Is the Federal System an Islamic System?
The ruling system in Islam is not federal, where its regions
separate by autonomy, but unite in the general ruling. It is rather
a system of unity, where Marrakesh in the West is considered to
be the same as Khurasan in the East; and the province of Al-Fayoom
would be the same as Cairo if it were the Islamic capital. The
finance of all the regions will be the same, as will their budget.
Funds are spent equally on the affairs of the subjects, regardless
of their Wilayah. If for instance, the taxes collected in one
Wilayah were double its expenditure, the funds spent will be
to cover the Wilayah’s needs but not according to how much tax
raised. If another Wilayah’s taxes fell short of its expenditure,
this would not be taken into consideration, and funds will be
spent to satisfy the Wilayah’s needs from the general budget
whether it raised enough taxes or not.
Therefore the ruling system is one unit not a federation. That
is why the Islamic ruling system is distinguished from other
known systems, in its origin and basis, even if some of its
aspects were similar to some of their aspects. Furthermore, the
Islamic system is central in its ruling, where the high authority is
at head office, and where the authority and power engulfs every
single part of the state, no matter how small or large it is;
independence of any part of it is not allowed thus preventing
disintegration. The high authority is the body which appoints
the army commanders, the Walis, rulers and finance and economy
officials. He appoints judges in all the regions and everyone
whose duties is to rule. He is the one who deals with ruling
all over the land.
Source: www.khilafah.com
uploaded 25 Nov2001