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What is the Khilafah (Caliphate) ?
Below you will find many questions and answers directly related
to 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". [TMQ 5:48]
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". [TMQ 5:49]
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". [TMQ 4:59]
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." [TMQ 4:65]
"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." [TMQ 4:59]
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." [TMQ 4:59]
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.
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