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The
Islamic State
The word Khilafah can be used to signify an Islamic state,
governmental rule or political authority and in line with the
teachings of the Qur'an and Sunnah it is not a specific form of
government rather it simply indicates the basic character of
Islamic rule. In modern society we have presidential,
parliamentary or federal systems but in Islam this authority is
based on trusteeship and vicegerency.
If Islamic rule was enforced in light of the Qur'an and Sunnah
allowing implementation of the Shariah, supreme authority would
lie with the Qur'an and Sunnah after which would come any from
of governmental authority. Therefore these elements are:
1. Ultimate sovereignty of Allah
2. Manifestative sovereignty of the Holy Prophet (SAW)
3. The men in Authority
For countries void of Islamic rule, supreme authority goes to
the government however in Islam Shariah is above everything.
The form of government that emerges within Islamic rule can take
on any form as this will depend on the suitability of the people
and Islam does not specify this as it is a matter of ijtehad
(logical deduction). Therefore whether the government is in
place through the vote of one individual, citizens or political
figures depends on societal needs as this is not a requirement.
The only true representative of Allah is the Holy Prophet (SAW)
whereas the government work as a trustee of that authority hence
they are the successors of the Holy Prophet (SAW) representing
the ummah, who are chosen through a bilateral contract. Due to
the nature of this authority they do not possess absolute
authority rather specified by checks and balances measured
against the Qur'an and Sunnah.
Therefore a trustee may be labelled an Amir, a president or a
caliph; this is the general concept of Khilafah the matter at
hand is to assess whether the Shariah is implemented if so then
it is a Khilafah is not the nomenclature necessarily required.
Khilafah is not only used in political sense, the Qur'an makes
use of this word in other contexts whether mankind is declared
vicegerent of the world or that we are trustees of wealth as
real ownership lies with Allah
Imam Ibn e Khaldoun states in his Muqadma that in fact the
Khilafah were the Prophets (Khulafah ullah). The Amr was
primarily given to the Prophet. They have the authority to
enforce. Authority was replaced and started to be exercised by
the people in the form of Khilafah tul Nabi. This is in fact the
vicegerency of Holy Prophet (SAW). He Quotes Abu Bakr who said,
I am not Vicegerent of Allah but of Holy Prophet (SAW).
Imam Ibn e Katheer (Vol 1pp 106) has said that the nation used
to replace one leader by another and this is the connotation of
Khalifah.
Similarly ba'ya is something which was used as a form of consent
as there was no concept of a formal electoral system. This was a
simple way which was putting hand into hand. It was the way to
promise and to conclude a contract. There are several kinds of
ba'ya and it was a cultural way of declaration and is done not
just for the contest of Khilafah so today the same expression of
acceptance is takes shape in various electoral systems that
allow the masses to choose a form of governance
The Four Caliphs
When the Holy Prophet (SAW) left this world he did not appoint a
caliph leaving it open to the ummah to decide therefore if it
was to be specific with no requirement of ijtehad then the
Prophet (SAW) would have explained the concept of Khilafah and
put someone in place. This is evidence to show that the caliph
is put in place through the decision of the ummah provided it
remains within its limited authority.
Syedana Ali (RA) said, "O people, the messenger of Allah (SAW)
did not fix anything for Imara (Amir and specific Khilafah) for
us. We appointed our Khilafah with our own opinion. (rai'y)"
(Imam Suyuti: Tareekh ul Khulafah and Baihaqi: Dalail un Nubuwah)
"It was said to Ali, are you not going to appoint someone as our
Caliph. He said the Prophet (SAW) did not so how can I? If Allah
wants something good for the people they will get together on a
good decision."
(Imam Hakim: Mustadrik and Imam Baihaqi: Dalail un Nubuwah)
Election of Syedana Abu Bakr (RA)
When it came for the question of succession after the Holy
prophet (SAW) there was a meeting of the Ansar at Saqifah Banu
Sa'daa. The Ansar were to appoint the wrong person therefore
Syedana Umar (RA) nominated Syedana Abu Bakr (RA) and the Ansar
withdrew their candidate and unanimously approved Syedana Abu
Bakr (RA). Then this was announced and 30000 people give ba'ya
to the first Caliph.
Election of Syedana Umar (RA)
Syedana Umar (RA) was nominated by the outgoing head of the
state with the consultation and approval of the Shura who
validated it and then the citizens approached it by ba'ya.
Election of Syedana Uthman (RA)
During the caliphate of Umar, he appointed a special committee
of 6 people (Imam Tabari: Tareekh Vol 3 pp 35) who would be
responsible for appointing the next caliph. When it came for
succession the vote was caste but it was equally divided hence
it was submitted to the parliament of Medina (50 persons)
however their opinion was also equally divided. The Shura
appointed Abd Ur Rahman bin Auf as chief election commissioner.
He had to investigate the majority vote in society, which he
conducted in three nights and consulted Soldiers, common man,
women and children, even the travellers and the sick people (Tabari,
Tabaqat, Ibn e Saad and Ibn Katheer) Finally the chief
commissioner announced that Uthman was appointed Khilafah
directly by the citizens.
Syedana Uthman (RA) was elected through the majority opinion (Jamhuryah),
a concept common in the west and in Islam however the difference
being that this opinion in Islam can not suppress, challenge or
violate any commandment of Shariah. The word 'tamakkun' and 'muluka'
is also used in the Qur'an hence there is no exclusivity of the
word Khilafah
Election at the time of Syedana Ali (RA)
Individuals approached Syedana Ali (RA) for ba'ya however he
refused because he said this was a matter of the Shura. (Imam
Tabari Vol 3 pp 152). Syedana Ali (RA) wrote a letter explaining
how he had been appointed caliph as the other three had been.
(Imam Tabari Vol 1 pp 152).
What was the Shura? It is the equivalent to the parliament of
today, a house of representatives. The terminology does not make
a difference therefore it does not mean that if you utilise
Islamic terminology it instantly becomes an Islamic state
neither does it mean if an English term was in place that it was
a non Islamic state.
This is how the orthodox caliphs were appointed and how the
developments took place. There were 4 development stages of
Khilafah political analysis.
1. Election of Abu Bakr (RA): A specific nomination as way of
eventual necessity
2. Election of Umar (RA): A systematic recommendation from the
Shura,
3. Election of Uthman (RA): Nomination transferred to the Shura
then parliament and finally votes to citizen.
4. Election of Ali (RA): Parliamentary decision.
Every orthodox caliph took his option, to democratise the
system, according to the Sunnah and all these different methods
are available to establish a Khilafah
Why the establishment of an Islamic State is necessary
(Addaula al Islamiah)
Islam is a complete way of life which prescribes all the codes
and laws. Each and every code of life needs enforcement because
maintenance of rights is necessary for society to function
correctly and this can only be done through adequate
organisation. This organisation is called government.
The Holy Prophet (SAW) spent the first 13 years of the prophetic
mission in propagating the deen. When he migrated to Medina, he
established an Islamic state because it was required but one
must remember that this can not exist without a head of state.
Syedana Umar (RA) highlights this concept in this Hadith where
the Holy Prophet said:
"There is no Islam without Jamaa (organisation) and there is no
Jamaa without Imarah (leadership) and there is no Imarah without
Itaa (obedience)"
Therefore there is no Islamic system without an organised
society which gives birth to the idea of an Islamic state and
alongside this it explains that this can only be achieved
through Imarah hence the need of Khilafah and finally the
concept of obedience is stressed. This system guarantees
protection of the rights of individuals. The basic reason for
its establishment is provided in this Quranic injunction
"Hold collectively to the rope of Allah"
Another reason for the establishing of an Islamic state is
related to that of obedience. Allah states in the Qur'an:
"Obey Allah, His Messenger and those of you in authority"
Some individuals are under the impression that a Khilafah must
be established within three days however there is not Prophetic
traditions to state that such is the case rather it is an
eventual decision. During the time of Syedana Abu Bakr (RA) the
situation required a prompt decision and at the time of Syedana
Uthman (RA) it took more than seven days
Concept of Jamaa
There is a need to understand what the term 'Jamaa' means; it
concerns the Ahle Sunnah wal Jamaa because this is the majority.
The Holy Prophet (SAW) declared the small groups (like mutazalih)
as the Furqah (sects).(Musnad Ahmad bin Hanbal).He (SAW) gave a
specific definition of Jamaa when he said, "Two people are
better than one, and three are better in two, and four are
better than three."
.
This is the basis of democracy because if there is a
disagreement in an issue the majority decides the right
therefore it is compulsory for one to be part of Jamaa. Some
groups use Quranic verses against the majority to refute this
concept however the verses they use were revealed in the context
when the Muslims were a minority against the non believers in
relation to iman. When it comes to the Ummah the majority are
those on the right path. The Holy Prophet (SAW) states:
"Allah never unites My Ummah except for the guidance" (Imam
Hakeem)
Syedana Umar (RA) reported, "I am standing at the same place
where the Holy Prophet (SAW) stood. The Prophet (SAW) said: It
is compulsory upon you to establish / be part of the Jamaa.
Beware of the smaller Minority as the Devil is with one and
always far away from the two." (Sunan Tirmidhi)
Abi Jafar reports that Syedana Umar (RA) said: "You should do
consultation. If an opinion is equally divided between 2 and 2,
then take it to Shura, if the opinion is between 4 and 2, adopt
the majority opinion" (Kanzul Ummal)
The Holy Prophet (SAW) said, "The Jews were divided in 71 sects.
70 wil enter Hell and 1 to Heaven. The Christian were divided in
72 sects, 71 will enter Hell and 1 to Heaven. My Ummah will be
divided in 73 sects, 72 will go to Hell and 1 to Heaven" He was
asked who will be this majority? To which he replied, "This will
be the Jamaa" (Ibn Majah)
Therefore Jamaa is not reference to the entire ummah rather it
is the majority
The Khawrij (the ones out of Islam)
The idea of emergence of sects was a prophecy, which the prophet
said would arise throughout Islamic history. The khawrij emerged
from the army rebelling against Syedana Ali (RA) as they
declared him a mushrik the capital of this movement was the city
of Hururah thus also called the 'Hururayah'. They had three
basic slogans
1. The authority only vests in Almighty Allah
2. Declared the city as a city of Bidah
3. Declared Ali as Mushrik
"When the Hururayah appeared, they were with Ali (RA) when they
left his army they said that the rule is only for Allah and Ali
has committed shirk. Ali said their slogans are good but their
intention is bad. They will be people of the Ummah who will
recite Holy Qur'an; they will leave the religion as an arrow
from its target. They will be worst of Allah's Creation."
(Muslim)
"The hand of Allah is on the Jamaa. You should follow the 'Sawad
ul Azam' the largest group of My Ummah." (Hakim, Mustadrik)
Another Hadith misused by some to make the point that if there
is no Khilafah or imam one dies a death of jahaliyah however
this Hadith is misinterpreted. The Hadith reads:
"The one who rejects the obedience of the Amir, and was detached
from the Jamaa and he died, then his death is of jahaliyah/Ignorance"
(Sunan Tirmidhi)
The Prophet also stated: "If there is no Amir then stay away
from deviant groups and keep silent"
One may under the impression that an Islamic state requires only
one caliph however this is view is not practical although some
use the following Hadith to misinterpret in support of this
The Holy Prophet (SAW) said "When people start doing ba'ya with
two individuals, kill the second one". (Muslim)
Note that the Holy Prophet (SAW) did not say there should be one
Caliph for the entire world because even when it came to the
smallest of groups the prophet stated (SAW):
"When there are three of you on a journey then appoint one of
you as your Amir" (Imam Tabrani)
If an Islamic state is established, whether big or small and
then one comes and claims he is Amir, this is direct
disobedience of the Amir in place; this is the context of the
first quoted Hadith. The Holy Prophet stated this in order to
establish amarah (leadership).This does not negate the existence
of more the one Amir provided their reign is not of the same
territory. If the Holy is commanded that we should appoint an
Amir when there is three, what is there to say of the millions
of Muslims in the world? Having one Amir is not practical as the
basic philosophy is to organise living.
"If anybody comes to you and you have already consented with
another person, who wants to divide unity, then kill Him."
(Muslim)
The State of Medina was a territorial state as the Holy Prophet
(SAW) said I am the Messenger of all of you. I declared the
people of Medina as one nation. So he declared the concept of
territorial authority.
This is the basic outline of the establishment of Khilafah
Extracted from DVDs entitled 'The Islamic State' by
Shaykh-ul-Islam Dr. Muhammad Tahir-ul-Qadri.
Note: The word democracy is used to refer to Islamic Democracy
(or more accurately Shurah), not western form of democracy.
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