Uploaded on

Khilafah Vs Democracy

Khilafah Vs Democracy

More in: Spiritual , Technology
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Be the first to comment
    Be the first to like this
No Downloads

Views

Total Views
276
On Slideshare
0
From Embeds
0
Number of Embeds
0

Actions

Shares
Downloads
12
Comments
0
Likes
0

Embeds 0

No embeds

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
    No notes for slide
  • (to the nearest meaning)
  • Islam is an Aqeeda and Shari’a (law). The Aqeeda is the belief in Allah, His angels, His books, His Messengers, the Last Day, divine fate and destiny and that good and bad are both from Allah ta’ala. The Shari’a is divine rules (Ahkam Shar’iyya) relating to the actions of human beings, their problems and relationships in this life. It includes the worships (‘Ibadat) which Allah has ordered His servants to worship Him with, and the morals (Akhlaq) with which they should be characterised by, the foodstuffs that have been permitted for them to eat and the clothes that have been allowed for them to wear. As well, it includes the systems which deal with the problems of their life, in the aspects of ruling, authority, internal state policy, and in relationship with other nations and peoples externally. They also deal with the economic aspect which relates to the wealth, the manner of it's distribution, ownership and growth. These systems further deal with the relationship between man and woman, and other such relationships and problems.
  • The Prophet (SAW) said: “Allah does not remove the ‘Ilm after it was given to you, rather the ‘Ilm would be removed with the death of the ‘Ulema. Then some people, who are ignorant, will start giving their Ra’ee based on their desires and they are misled and will lead the Ummah astray.” (Bukhari & Ahmad) He (SAW) also said: “My Ummah will be divided into 70 something sects. The worst group will be those who will start taking the Deen from their Aql.” (Al Darami) He (SAW) also said, “He who adopts an opinion based on his Aql, he will reserve for himself a place in the hell-fire.” (Bukhari & Muslim) These Ahadith are clearly referring to the person who adopts opinions or gives Fatwa based on his Aql without any evidence from the Shari’ah, Ahlul-Ra’ee on the other hand, there were those who exerted their utmost effort in scanning the Islamic texts, and then issued an opinion. This process is called Ijtihad.
  • Islam is an Aqeeda and Shari’a (law). The Aqeeda is the belief in Allah, His angels, His books, His Messengers, the Last Day, divine fate and destiny and that good and bad are both from Allah ta’ala. The Shari’a is divine rules (Ahkam Shar’iyya) relating to the actions of human beings, their problems and relationships in this life. It includes the worships (‘Ibadat) which Allah has ordered His servants to worship Him with, and the morals (Akhlaq) with which they should be characterised by, the foodstuffs that have been permitted for them to eat and the clothes that have been allowed for them to wear. As well, it includes the systems which deal with the problems of their life, in the aspects of ruling, authority, internal state policy, and in relationship with other nations and peoples externally. They also deal with the economic aspect which relates to the wealth, the manner of it's distribution, ownership and growth. These systems further deal with the relationship between man and woman, and other such relationships and problems.
  • Islam is an Aqeeda and Shari’a (law). The Aqeeda is the belief in Allah, His angels, His books, His Messengers, the Last Day, divine fate and destiny and that good and bad are both from Allah ta’ala. The Shari’a is divine rules (Ahkam Shar’iyya) relating to the actions of human beings, their problems and relationships in this life. It includes the worships (‘Ibadat) which Allah has ordered His servants to worship Him with, and the morals (Akhlaq) with which they should be characterised by, the foodstuffs that have been permitted for them to eat and the clothes that have been allowed for them to wear. As well, it includes the systems which deal with the problems of their life, in the aspects of ruling, authority, internal state policy, and in relationship with other nations and peoples externally. They also deal with the economic aspect which relates to the wealth, the manner of it's distribution, ownership and growth. These systems further deal with the relationship between man and woman, and other such relationships and problems.
  • Islam is an Aqeeda and Shari’a (law). The Aqeeda is the belief in Allah, His angels, His books, His Messengers, the Last Day, divine fate and destiny and that good and bad are both from Allah ta’ala. The Shari’a is divine rules (Ahkam Shar’iyya) relating to the actions of human beings, their problems and relationships in this life. It includes the worships (‘Ibadat) which Allah has ordered His servants to worship Him with, and the morals (Akhlaq) with which they should be characterised by, the foodstuffs that have been permitted for them to eat and the clothes that have been allowed for them to wear. As well, it includes the systems which deal with the problems of their life, in the aspects of ruling, authority, internal state policy, and in relationship with other nations and peoples externally. They also deal with the economic aspect which relates to the wealth, the manner of it's distribution, ownership and growth. These systems further deal with the relationship between man and woman, and other such relationships and problems.
  • Islam is an Aqeeda and Shari’a (law). The Aqeeda is the belief in Allah, His angels, His books, His Messengers, the Last Day, divine fate and destiny and that good and bad are both from Allah ta’ala. The Shari’a is divine rules (Ahkam Shar’iyya) relating to the actions of human beings, their problems and relationships in this life. It includes the worships (‘Ibadat) which Allah has ordered His servants to worship Him with, and the morals (Akhlaq) with which they should be characterised by, the foodstuffs that have been permitted for them to eat and the clothes that have been allowed for them to wear. As well, it includes the systems which deal with the problems of their life, in the aspects of ruling, authority, internal state policy, and in relationship with other nations and peoples externally. They also deal with the economic aspect which relates to the wealth, the manner of it's distribution, ownership and growth. These systems further deal with the relationship between man and woman, and other such relationships and problems.
  • There is a difference between the thoughts related to Aqeedah matters i.e. doctrines and Shari’ah rules, and the thoughts related to sciences, techniques, industries and the like. It is permitted to adopt the thoughts related to sciences, techniques and the like, provided these do not contradict Islam. As for the thoughts related to Aqeedah matters and Shari’ah rules, it would be forbidden to adopt any of then, except those brought to us by the Messenger of Allah (saw) be it from the Book of Allah (swt), or the Sunnah, or from what the Book and the Sunnah have guided to. Evidence about this is reflected in what Muslim reported that the Messenger of Allah (saw) said: “I am but human like you. Hence, if I ordered you something related to your Deen’s affairs, do take it, and if I ordered you something related to your worldly affairs, then I am only human.” Evidence is also reflected in the Hadith pertaining the pollination of palm trees, where he (saw) was reported to have said: “You are better acquainted with your worldly affairs.”. Therefore, that which is not part of the Shari’ah, i.e. not part of the Aqeedah matters and the rules, it can be taken as long as it does not contradict Islam. However, that which is part of the Shari’ah, i.e. Aqeedah matters and rules, this can only be taken from what the Messenger of Allah (saw) and nothing else. The democratic rules and laws are rules taken to solve man’s problems, hence they form part of the legislation, it would be, therefore, wrong to adopt them. Unless they have been brought by the Messenger of Allah (saw), i.e. it would be wrong to adopt them unless they were Shari’ah rules and nothing else. The Messenger of Allah (saw) has explicitly forbidden us from taking anything other than what he brought. Muslim reported on the authority of Aisha ® that the Messenger of Allah (saw) said: “He who generates in our order something that is alien to it, it must be rejected.” In another narration, he (saw) was reported to have said: “He who performs an action alien to our order, it must be rejected”. Bukhari also reported on the authority of Abu Hurayrah ® that the Messenger of Allah (saw) said: “The Hour shall not come until my Ummah follows the ways of the nations before her, hand span to hand span and arm length to arm length”. Upon this they asked: “Such as the Persians and the Romans?” He (saw) replied: “Who else among people but them?” Bukhari also reported on the authority of Abu Said Al-Khudri that the Messenger of Allah (saw) said: “You shall follow the ways of those before you hand span to hand span and arm length to arm length, and even if they entered a lizard’s hole you will follow them.” I said: “O messenger of Allah! You mean the Jews and the Christians?” He (SAW) replied: “Who else?” These texts clearly forbid us from taking anything from others. The first Hadith, with its two narratives, is clear about the prohibition and about the censure of taking, for it says: It should be rejected. The other two Ahadith contain the meaning of prohibition. This prohibition is applicable to the taking of the rules of the constitution and the laws from other than Islam, because it is a generation of something alien to our order, even a taking from other than our order, and because it is an emulation of those who are like the Persians and the Romans, i.e. the British and the French, who are from the Romans, hence, it is forbidden to take these rules and laws.
  • The Prophet (SAW) said: “Allah does not remove the ‘Ilm after it was given to you, rather the ‘Ilm would be removed with the death of the ‘Ulema. Then some people, who are ignorant, will start giving their Ra’ee based on their desires and they are misled and will lead the Ummah astray.” (Bukhari & Ahmad) He (SAW) also said: “My Ummah will be divided into 70 something sects. The worst group will be those who will start taking the Deen from their Aql.” (Al Darami) He (SAW) also said, “He who adopts an opinion based on his Aql, he will reserve for himself a place in the hell-fire.” (Bukhari & Muslim) These Ahadith are clearly referring to the person who adopts opinions or gives Fatwa based on his Aql without any evidence from the Shari’ah, Ahlul-Ra’ee on the other hand, there were those who exerted their utmost effort in scanning the Islamic texts, and then issued an opinion. This process is called Ijtihad.
  • Islam is an Aqeeda and Shari’a (law). The Aqeeda is the belief in Allah, His angels, His books, His Messengers, the Last Day, divine fate and destiny and that good and bad are both from Allah ta’ala. The Shari’a is divine rules (Ahkam Shar’iyya) relating to the actions of human beings, their problems and relationships in this life. It includes the worships (‘Ibadat) which Allah has ordered His servants to worship Him with, and the morals (Akhlaq) with which they should be characterised by, the foodstuffs that have been permitted for them to eat and the clothes that have been allowed for them to wear. As well, it includes the systems which deal with the problems of their life, in the aspects of ruling, authority, internal state policy, and in relationship with other nations and peoples externally. They also deal with the economic aspect which relates to the wealth, the manner of it's distribution, ownership and growth. These systems further deal with the relationship between man and woman, and other such relationships and problems.
  • This was with regard to the task of Prophethood, Messengership and the conveying ( Tableegh ) of the Message to the people. As for executing the task of government and ruling, the Messenger of Allah (saw) followed a different course. At the battle of Uhud the Messenger of Allah (saw) gathered the Muslims inside the Masjid and consulted them about whether to fight inside al-Madinah or outside it. The majority opted to fight outside while he (saw) preferred to fight inside Madinah, however, he (saw) chose to go along with the majority and to fight outside al-Madinah.
  • The Mandatory Powers of the Council of the Ummah The Council of the Ummah has four mandatory powers and they are: 1. (a): The Khaleefah has to consult the Council and the Council has the right to advise him in the practical matters and actions that do not require investigation and scrutiny such as the matters of ruling, education, health, economy, trading, industry, farming and the like. The opinion of the Council in these matters is binding. (b): In the intellectual matters that require investigation and scrutiny, the technical and the financial matters together with the affairs of the armed forces and foreign policy, the Khaleefah has the right to refer to the Council for consultation and acquainting of its opinion. However the opinion of the Council is not binding. 2. The Khaleefah has the right to refer to the Council the laws and rules which he wants to adopt. The Muslim members of the Council have the right to debate them and voice their opinions regarding those rules. However, their opinion is not binding. 3. The Council of the Ummah reserves the right to hold the rulers accountable on all matters that take place effectively within the State, whether these are related to domestic affairs, foreign affairs, financial affairs or military matters. The opinion of the Council is binding if the majority's opinion in such matter is binding, and it is not binding if the majority's opinion in such matter is not binding. If the Council and the Khaleefah differed about the legitimacy of an action that had been already executed, the matter should be referred to the court of Mazalim to settle the question. Its verdict on the matter is binding. 4. The Council of the Ummah reserves the right to express discontent towards the Walis or the 'Aamils. Its opinion in such case would be binding and the Khaleefah should dismiss them at once. 5. The Muslim members of the Council have the right to restrict the nomination of candidates for the Khilafah. Their opinion in such a matter is binding, and candidates other than those put forward by the Council should accordingly not be considered. These are the mandatory powers of the Council of the Ummah. The first article is divided into two sections. The evidence for section (a) is derived from Allah’s (SWT) saying: "And do consult them in the matter," [Al-’Imran: 159] And His (SWT) saying: "And their matter is in consultation between them." [Ash-Shura: 38] So He (SWT) made the Shura general in every matter, for He (SWT) says: "In the matter," [Al-Imran: 159] Where the term Al-Amr (the matter) it is a generic noun and defined by Al (the). He (SWT) says: "And their matter." [Ash-Shura: 38] Where the term Amruhum (their matter) is generic noun and defined by genetive and both terms are general ('Aam) so they include everything. However, this general term ('Aam) has been specified in matters other than the divine rules (Ahkaam Shar'iyah). This is because the divine rules are revelation from Allah (SWT) and there is no scope for the people's opinion regarding matters brought down by revelation. For Allah (SWT) alone is the Commander and the Legislator. As for the evidence for section (b), this is the choice made by the Messenger of Allah (SAW) for the location of the Battle of Badr, based on the proposal of Al-Habab b. Al-Munthir, without consulting his companions over the matter to seek their opinion, let alone committing himself with that proposal. Thus the intellectual and the technical matters together with the finance, army and foreign affairs are referred to the opinions of the experts and the professionals without giving any weight to the opinion of the people whether they were minority or majority. The fact that the Shura is over the Mubah things is an indication (Qareena) that it is Mandoub. Indeed the Messenger of Allah (SAW) used to refer to the honourable Sahabah over many matters and on many occasions to consult them and seek their opinion. Ahmad has reported from Anas that "the Messenger of Allah (SAW) consulted (people) when he heard the news of the advent of Abu Sufyan." Ahmad narrated from Anas, who said: "The Messenger of Allah (SAW) consulted when he went to Badr. Abu Bakr expressed his opinion to him. Then he consulted 'Umar who expressed to him his opinion. Then he consulted them, so some of the Ansar said: 'The Prophet of Allah (SAW) wants you to speak O folk of Al-Ansar.' Some of the Ansar said: 'Do you consult us O Prophet of Allah? We do not say as the children of Israel said to Musa (as): 'You and your Lord go and fight, but we will stay at home. But, by He who sent you with the Truth, if you were to take us to Bark al-Ghimad, we would follow you.'" Regarding the captives of Badr, Ahmad reported on the authority of 'Umar "...The Messenger of Allah (SAW) consulted Abu Bakr, 'Umar, and Ali..." Ibnu Ishaq reported from Az-Zuhri, who said: "When hardship increased on the people, the Messenger of Allah (SAW) sent to Uyayna b. Husn and Al-Harith b. Awf Al-Murri, the two leaders of Ghatafan, and he (proposed to) give them the third of the Madinah produce on condition that they return together with their folk, leaving (the fight against) him and his companions. Agreement was reached between them to the point that they wrote that in a letter, without calling the witnesses and without the decision of concluding the peace except the negotiation over that. When the Messenger of Allah (SAW) wanted to conclude that he sent to Sa'd b. Mu'az and Sa'd b. Ubadah. He mentioned the matter to them and consulted them..." Also, the Messenger of Allah (SAW) consulted his companions in the Battle of Uhud, whether to leave Madinah or stay in it. This is in addition to other consultations. Likewise Abu Bakr used to refer to the leaders of Al-Muhajireen and Al-Ansar and to their scholars to consult them. He consulted them over the issue of fighting against the apostates, those who refused to pay the Zakat and in the matter of invading the Romans besides other matters. 'Umar and the Khulafaa after him, also used to refer to the people for their consultation and opinion. People sometimes used opinions based on their own initiative, to advise the Khaleefah over some matters. This happened with Abu Bakr after he became Khaleefah and wanted to dispatch Usama with his army, when most of the Arabs apostasised from Islam. 'Umar, 'Uthman, Abu Ubaydah, Sa'd b. Waqqas and Sai'd b. Zaid called on him to advise him not to send Usama, but he rejected their request. These incidents practiced by the Messenger of Allah (SAW) and the guided Khulafaa after him occurred in front of the Sahabah. They indicate that Shura and referring to the people to consult them and seeking their opinion is Mandoub. Thereupon, it is Mandoub for the Khaleefah to return to the Council of the Ummah to consult it and seek its opinion over the various matters and actions. When the Khaleefah refers to the Council of the Ummah to seek its opinion over the practical matters and the actions, he must commit himself to the opinion of the majority. This is based on the compliance of the Messenger of Allah (SAW) with the opinion of the majority in the Battle of Uhud, though his opinion and that of the Sahabah was different to that of the majority. He (SAW) gave up his opinion and that of the Sahabah and complied with the opinion of the majority. This indicates that in such an incident, which is the type of action that does not need study and scrutiny, the opinion of the majority of Muslims is adopted. It is also taken from the saying of the Messenger of Allah (SAW) to Abu Bakr and 'Umar as narrated by Ahmad from Ibnu Ghanam al-Asha'ri "Had you agreed together in a Mashura I would not disagree with you." The Mashura in this Hadith is itself Shura, which covers consultation in any practical matter or an action. This is with regard to the part (a) from the first section. As for part (b) if the Khaleefah refers to the Council to seek its opinion in the matters of this part , its opinion is not binding. Originally, the Khaleefah takes the opinion of the scholars, experts and professionals in the matters of this part as it occurred with the Messenger of Allah (SAW) when he adopted the opinion of the Habab b. Al-Munthir regarding the selection of the place of the Battle of Badr. It was narrated in the Seerah of Ibnu Hisham that, when he (SAW) camped at the near side of the water of Badr, Al-Habab b. Al-Munthir was not happy with this place. He said to the Messenger r: "O Messenger of Allah! Did Allah make you camp in this place where we can't depart from it, or is it the opinion, war and strategy?" He (SAW) said: "It is rather the opinion, war and strategy." Al-Habab b. Al-Munthir said: "O Messenger of Allah, this is not the (right) place. Move the people till we come to the side of the water near to the people (enemy), we camp there, then we seep away the water from the other part, we build a basin on top of it, we fill it with water. Then we fight against the people where we drink and they do not." The Messenger of Allah (SAW) said: "You gave the (right) opinion." So the Messenger of Allah (SAW) and the Muslims stood up and walked till they reached the near side of the water from the enemy and camped there. Then he (SAW) ordered that the water be seeped away which was done. He (SAW) built a basin on top of the seeped wells, where it it was filled with water and they threw in their (water) pots." So the Messenger of Allah (SAW) agreed with the opinion of al-Habab and followed it. In this incident, which has to do with the opinion, war and strategy, the views of the people have no weight in taking the decision. Rather the view of the expert is what is considered. Similar to this are the technical matters and the thoughts which require study and scrutiny, together with the definitions. In all of such matters, reference is made to the experts and professionals and not to the ordinary peoples' opinion. There is no weight to the majority for such matters, but rather to those with knowledge, experience and specialisation. This also applies to the financial matters, because the Shar'a has determined the types of funds which must be collected, and the areas over which they need to be spent. The Shar'a has also determined the cases when taxes are imposed, therefore there is no point in seeking the opinion of the people in the collection and allocation of the funds. Similar to this is the army, the Shari'ah has left to the Khaleefah the right of managing the army's affairs, and it determined the rules of Jihad. There is no validity in the opinion of the people over matters decided by the Shar'a. This also applies to the relationship of the State with other States, because this is of the thought that requires study and deep insight and is related to Jihad. Furthermore, it is a part of the opinion, war and strategy. Therefore, there is no point in the opinion of the people in this matter whether it is the majority or minority. However, the Khaleefah is allowed to present these matters to the Council of the Ummah for its consultation and opinion, because such presentation is of the Mubah, and the opinion of the Council in these matters is not binding as in the incident of Badr. With regard to the second section, although what the Khaleefah wants to adopt of rules and Canons is of his duties, and the opinion of the council regarding these matters is not binding, the Khaleefah has the right to refer to the Council of the Ummah to ascertain their opinion over the divine rules and canons which he wants to adopt. This is similar what 'Umar b. Al-Khattab (ra) did when he referred to the Muslims over the divine rules, which the Sahabah did not object to, as in the incident of the conquered lands of Iraq, when the Muslims asked him to divide the lands amongst the fighters who opened them. Hence 'Umar asked the people, but his opinion settled on keeping the land with its landlords on condition that they pay a known Kharaj over it in addition to paying the Jizya over their persons. The reference of 'Umar and Abu Bakr before him to the Sahabah for their opinion over the divine rules without an objection from the Sahabah to this, indicates their Ijma'a. This is an evidence that the Khaleefah has the right to refer to the Muslims to seek their opinion over the divine rules when he does not find texts about them in the Book of Allah and the Sunnah of His Messengerr, or he finds them difficult to understand or when he wants to adopt them. Their opinion in all of these matters is not binding to the Khaleefah. The non-Muslim members of the Council do not have the right to look into what the Khaleefah wants to adopt of rules and canons because of their disbelief in Islam. Their right is in voicing their opinion of the injustice of the rulers towards them, not in expressing of their opinion over the divine rules and canons. With regard to the third section, its evidence is the general meaning of the texts related to bringing the rulers to task. Ahmad narrated from Ibnu 'Umar, who said "The Messenger of Allah (SAW) said 'There will be Ameers over you who order you of things they do not do. Whoever believed them in their lies and helped them in their injustice he would not belong to me nor I belong to him, and he will not join me on the Hawdh (basin).'" Ahmad narrated from Abu Said al-Khudri, who said: "The Messenger of Allah (SAW) said: "...The best of Jihad is (to say) a word of truth before an oppressor ruler"." Al-Haakim narrated from Jaber from the Prophet (SAW) who said: "The master of martyrs is Hamza b. Abdul-Muttalib and a man who stood to an oppressor ruler where he ordered him and forbade him so he (the ruler) killed him." Muslim narrated on the authority of Awf b. Malik al-Ashja'i that the Messenger of Allah (SAW) said: "Beware! Whoever gets a Wali over him and he saw him (the Wali) commit some sin (disobedience to Allah), he has to hate that sin but must not withdraw his hand from obedience." Muslim narrated from Umm Salamah that the Messenger of Allah (SAW) said: "There will be Ameers Appointed over you, you recognise some of what they do and deny some. Whoever recognised he is absolved from blame. Whoever disapproved (of their bad deeds) he is safe. But whoever consented and followed them (he is doomed)." These texts are general in their wording and indicate that accounting is over any action. When the Messenger r, was opposed by the Sahabah over the Hudaibiya treaty contract, they contested with him severely but he (SAW) did not rebuke them for their disagreement. He (SAW) rather rejected their opinion and concluded the peace contract, because what he did was revelation from Allah (SWT) and there is no weight for the peoples opinion in such matters. He (SAW) rebuked them because they did not obey his order when he asked them to slaughter the sacrificed animals (Al-Hadi) and shave their heads and break their Ihram. The Messenger (SAW) did not also rebuke al-Habab b. Al-Munthir in Badr when he objected to the place of camping chosen by the Messenger r, rather he (SAW) followed his opinion. This accounting by the Council to the Khaleefah and other assistants, governors and 'A'mils would be over an action which has been actually executed whether this action disagreed with the divine rule, was wrong or harmful to Muslims, or was unjust or complacent toward the citizens in looking after their affairs. The Khaleefah must respond to this accounting and the objections by showing his view and evidence regarding the words, actions and tasks he undertook so that the Council can be assured of the good performance, the sincerity and honesty of the Khaleefah. If however the Council does not accept the view of the Khaleefah and rejects his argument, this must be examined. If this matter was of the issues over which the majority opinion is binding then the opinion of the Council is binding, otherwise it would not be. It is not correct to ask: "What is the value of accounting the Khaleefah when he is not obliged to act according to this accounting?" This is because accounting is a divine rule which has to be performed, and it is a duty of sufficiency. Furthermore the nature of accounting is that it reveals information about the opinion, and clarifies it. It also warns the public opinion and arouses it, for the public opinion is more powerful than the armies, and the rulers everywhere fear it. Therefore, accounting is of great value. If those who account differed with the rulers over any matter from the legal point of view, the matter is referred to the court of unjust acts (Al-Mazalim) by a request from the Council, due to what Allah (SWT) says: "O you who believe obey Allah and obey the Messenger and those in authority from amongst you. If you disputed over a matter refer it to Allah and the Messenger." [An-Nisa’a: 59] This means that if the Muslims dispute with the people of authority over a matter, they should refer it to Allah and to the Messenger, that is to arbitrate with the Shar'a. This means to refer to Judiciary, that is to the court of unjust acts and its opinion is binding. With regards to the fourth section, its evidence is that the Messenger of Allah (SAW) removed al-'Ala'a bin Al-Hadhrami, his A'mil over Bahrain, because the delegate of Abd Qais complained about him to the Messenger r. Ibnu Sa'ad narrated on the authority of Muhammad b. 'Umar: "That the Messenger of Allah wrote to al-Ala'a b. Al-Hadhrami to come to him with twenty men from Abd Qais. He reached him with twenty men headed by Abdullah b.Awf al-Ashajj, and appointed after him Al-Munthir b. Sawa. The delegate complained of al-Ala'a b. Al-Hadhrami so the Messenger of Allah (SAW) removed him and appointed Iban b. Said b. Al-A'ass and said to him: 'Take care of Abd Al-Qais and respect their chiefs.'" Also 'Umar b. Al-Khattab removed Sa'ad b. Abi Waqqas from the Wilayah just because of the complaint of the people against him, and he said: "I did not remove him because of deficiency or treason", This indicates that the people of the Wilayah have the right to express their anger and discontent of their Walis and Ameers, and the Khaleefah thus has to remove them. Likewise, the Council of the Ummah is allowed, as a representative of all Muslims in the State, to express its anger and discontent of the Walis and 'A'mils and the Khaleefah has to remove them immediately. With regards to the fifth section, the proof is that the Muslims asked 'Umar, when he was stabbed and was close to death, to appoint somebody after him, but he rejected. They repeated the request, so he nominated six persons. This was a consent (Ijma'a) by silence (agreement), which is an evidence that Muslim members of the Council of the Ummah have the right to shortlist the nominees for the post of Khilafah, and their opinion in this matter is binding. It was proved that 'Umar assigned fifty men to watch the six men he nominated, and he ordered them to kill anyone of them who opposed the chosen successor. He also assigned to the six three days, a matter which indicates obligation. As for non-Muslim members, they have no right in shortlisting the nominees, because the Bai'ah is specific to Muslims. The Right of speech and expression of opinion Every member of the Council of the Ummah has the right to speak and voice an opinion as he wishes without any pressure and within the limits allowed by Shari'ah . The member would be a representative of the Muslims with responsibility for voicing opinions and in holding the rulers accountable. His job would be to study closely the activities of the Khaleefah or any ruler in the State or any civil servant in any of the State's departments and offices. He holds all of them accountable, giving them advice, voicing opinions and presenting suggestions, and entering with them in debates, together with objecting to all the wrong actions performed by the State. He would do all this on behalf of the Muslims who are obliged to enjoin what is good and forbid what is evil, and to hold the rulers accountable, giving them advice and suggestions, because this is their duty upon the Muslims. Allah (SWT) says: "You are the best of peoples, raised up for mankind, enjoining what is right and forbidding what is wrong." [Al-’Imran: 110] And He (SWT) says: "They are those who, if we establish them in the land, establish regular prayers and give Zakat, enjoin the right and forbid the wrong." [Al-Hajj: 41] Allah I also says: "And let there arise from amongst you a band of people inviting to all that is good, enjoining what is right and forbidding what is wrong." [Al-Imran: 104] Many Ahadith have been reported that indicate the obligation of enjoining the Ma'aruf and forbidding the Munkar, such as Prophet Muhammed's (SAW) saying: "By He Who owns my soul, you must enjoin the Ma'aruf and forbid the Munkar, or Allah may inflict upon you a punishment from Him, you would then supplicate to Him and your supplication would go unanswered", as narrated by Ahmad on the authority of Huzayfah. He (SAW) also said: "If anyone among you sees a Munkar, let him change it with his hand; if he could not, let him then change it with his tongue; and if he could not, then with his heart, and that is the least of Iman", narrated by Muslim on the authority of Abu Sa'id. These verses and Ahadith command the Muslims to enjoin the Ma'aruf and forbid the Munkar. Holding the rulers accountable is part of enjoining of the Ma'aruf and forbidding of the Munkar. Some Ahadith in fact specifically order the holding of the rulers accountable, this highlights the importance of such a duty. Umm 'Atyya reported on the authority of Abu Sa'id that the Messenger of Allah (SAW) said: "The best of Jihad is a word of truth before a tyrant ruler." This is a text regarding the censure of the ruler and the obligation of uttering the word of truth in his face, considering it as the best form of Jihad. Allah's Messenger (SAW) exhorted this type of Jihad and made it very desirable even if it led to the loss of life, as mentioned in the sound ( Sahih) Hadith, where he (SAW) said: "The master of martyrs is Hamza, and a man who stood up to a tyrant ruler to advise him, and was killed." The Sahabah, may Allah be pleased with them, did hold the Messenger of Allah (SAW) accountable, and they held the Khulafaa Ar-Rashideen accountable too. The Messenger of Allah (SAW) did not censure them for holding him accountable nor did the Khulafaa Ar-Rashideen. The Messenger of Allah (SAW) took the advice of Habab b. Munthir in the battle of Badr. At Uhud, he (SAW) went along with the opinion of the majority who suggested that they should confront Quraysh outside Madinah, despite the fact that he (SAW) saw otherwise. On the day of Hudaybiyah, the Muslims objected strongly, especially 'Umar, and at Hunayn, where the Ansar were angered by the fact that the Messenger of Allah (SAW) handed out the booties to the new Muslims whom he wanted to win over their hearts to Islam, without allocating a share for them. The Sahabah held 'Umar accountable while he was standing on the pulpit because of the way he divided the Yemeni cloaks. A woman challenged him when he tried to fix the doweries and the Sahabah also objected to his refusal to divide the lands of 'Iraq, Ash-Sham and Egypt after they had been conquered. Bilal and Az-Zubayr where among the main objectors and 'Umar debated with them and consulted other Sahabah until they were convinced. Any member of the Council of the Ummah, as a representative of the Muslims at large, has the right to speak in the Council as he pleases, and to voice his opinion as he wishes, without any hindrance or pressure. He has the right to hold the Khaleefah accountable, as well as the Mu'awin, the Wali and any civil servant. They are obliged to answer him as long as he is abiding by the rules of Shar'a in his role of holding the rulers accountable and of voicing his opinion.
  • Suggestion: closer to chapter 6 (qati hukum) not
  • The evidence of this article is what occurred with the Sahaba during the Baya'a of Abu Bakr, Omar and Uthman, especially the Baya'a of Uthman. As for clause A, its evidence is derived from the request of the Muslims to Omar to nominate, and the nomination of the six by Omar. Bukhari reported on the authority of Abdullah Ibnu Omar ® who said: “Omar was told: Are you not going to nominate a successor? He said: If I nominate, someone who is better than me has nominated, that is Abu Bakr, and if I do not, someone who is better than me did not nominate, that was the Messenger of Allah (saw).” So they praised him; he then said: “I am willing but also afraid. I wish that all this would counterbalance my shortcomings, so that nothing is for me and nothing is against me, hence I do not carry its burden in my lifetime and after my death.” It has also been reported that Saad Ibnu Zayd Ibnu Amru said to Omar: “If you were to point at a man from among the Muslims, people would trust your judgement.” Upon this Omar said: “I have sensed from my companions a negative eagerness.” And then he said: “Had I been caught up by one of two men, I would have placed this matter in his hands and I would have trusted him: Salim, the valet of Abu Huthayfa, or Abu Ubaydah Ibnul Jarrah.” Then Omar ® pondered a while longer over the situation and he decided to make the Khilafah a matter of Shura among six people. These were: Uthman Ibnu Affan, Ali Ibnu Abi Talib, Al-Zubayr Ibnul Awwam, Talha Ibnu Ubaydillah, Abdul Rahman Ibnu Auf and Saad Ibnu Abi Waqqas. He then said: “I do not find anyone more worthy than this group whom the Messenger of Allah (saw) died while he was pleased with them. So whoever from among these is nominated, he will be the Khalifah after me.” Having named the six, he said: “If Saad was nominated, so be it. Otherwise, any other who gets nominated let him seek his help, because I did not remove him because of weakness or betrayal.” Hence, these words indicate that the Muslims had requested from Omar to name a successor, and in response to their request, he confined the Khilafah in six people and he announced their names to all people; he then asked the Muslims to chose one from among the six candidates. Since the Ummah Council acts as the representative of the Ummah in voicing her opinion, the candidates are therefore confined to specific names and a specific number and then the Council would announce their names to the people. As for clauses B and C, their evidence is derived from what Bukhari reported pertaining the election of one of the six whom Omar had confined the candidature to the Khilafah in them, and pertaining the Baya'a of the Muslims to him. Bukhari extracted on the authority of Al-Zuhri that Hamid Ibnu Abdul-Rahman had informed him that Al-Miswar Ibnu Makhrama informed him of the following: “The six whom Omar had nominated gathered and discussed the matter. Abdul Rahman said to them: I am not the sort to compete with any of you over this matter, but if you wish I could choose someone for you from amongst you; so they did assign this to Abdul Rahman. So when they appointed Abdul Rahman. (check this sentence) . People turned to Abdul Rahman and they consulted him throughout those nights. Then the last night was over and in the morning we gave our Baya'a to Uthman.” Al-Miswar reported : “Abdul Rahman knocked on my door in the middle of the night. He kept knocking until I woke up and then said: You are asleep. By Allah (check rest of sentence.) Go and summon Al-Zubayr and Saad.” So I did and he consulted them. He then called me and said: “Go and summon Ali.” So I did. He talked to him until the night was almost over. Then Ali left him and he was slightly hopeful, and Abdul Rahman was a bit wary of Ali. He then said to me: “Go and summon Uthman.” So I did and he sat talking to him until the Muazzin called for the morning prayer. Having led people in the morning prayer and after the group gathered by the pulpit, Abdul Rahman called those who were at the time present from among the Muhajireen and the Ansar, and he also called for the army commanders who performed that Hajj with Omar. When they gathered, Abdul Rahman pronounced the Shahada and then said: “O Ali, I have consulted people and I found that they do not turn away from Uthman, so do not place yourself as an obstacle.” Upon this he said: “I pledge my Baya'a to you according to the Sunnah of Allah and His Messenger and that of the two Khulafa' after him.” ; so Abdul-Rahman gave his Baya'a and so did people, the emigrants, the Ansar and the army commanders.” This report indicates clearly that Abdul Rahman Ibnu Auf took people’s opinion, meaning that he organised a ballot; then he gathered people and declared to them who they had voted for. He said: “I have consulted people and I found that they do not turn away from Uthman.” And this is the evidence of clause B. Then people started to give Uthman their Baya'a once his name had been declared, and that is the evidence of clause C. As for clause D, the Baya'a is a duty of sufficiency and not an individual duty; however, having a Baya'a in the neck of every Muslim is an individual duty, because the Messenger of Allah (saw) said: “and whoever dies while there was no Baya'a on his neck, he dies the death of the days of ignorance.” And in order to have a Baya'a on his neck he should know his Imam. This is why it is imperative upon the whole Ummah to know that the Khilafah is contracted to the man who duly deserves it, thus it must be announced who has become the Khalifah of the Muslims until the news of his appointment reach the whole Ummah, and until they all know who is the Khalifah. However, this knowledge of theirs does not have to be elaborate, for it would be sufficient for them to know who he is by mentioning his name that distinguishes him from other people, and to know that he fulfils all the qualities required for the post of Khilafah. By knowing these two matters, i.e. his name and the qualities required for the post, the overall knowledge of the Khalifah would be established.
  • Allah’s laws are automatically the law of the land. They do not have to be in line with the whims and desires of the Khaleefah or the majority of the representatives to become the law of the land. 2
  • The rule, i.e. the authority is individual and not collective. The Messenger of Allah (saw) said: "Appoint one from amongst you." He also was reported to have said: "If the Baya'a were given to two Khalifahs, kill the latter of them."
  • The rule, i.e. the authority is individual and not collective. The Messenger of Allah (saw) said: "Appoint one from amongst you." He also was reported to have said: "If the Baya'a were given to two Khalifahs, kill the latter of them."
  • Everybody is allowed to practice their own Ijtihad or follow any Mujtahid in their personal life but as per issues concerning society and system Ijtehad adopted by the state are binding on all citizens. 2
  • Everybody is allowed to practice their own Ijtihad or follow any Mujtahid in their personal life but as per issues concerning society and system Ijtehad adopted by the state are binding on all citizens. 2
  • Khaleefah is the leader of the Army
  • Ibn Abbas reported that the Messenger of Allah (saw) said: “If anybody sees in his Ameer something which displeases him, he should remain patient, for he who separates himself from the authority of Islam ( Sultan ) by even so much as a hand span and dies thereupon, he would die the death of the days of ignorance,” as narrated by Muslim.
  • Muslim narrated from Hisham bin Hakeem, who said; “I bear witness that I heard the Messenger of Allah ƒâ say; ‘Allah will punish those who punish the people in the Dunya.’”

Transcript

  • 1. Ruling system of Khilafah vs. Democracy
  • 2. Ideology: Creed and Systems
    • Every Ideology has a set of fundamental concepts known as “Creed” from which specific Systems emanate
    Systems Creed (Aqeeda)
  • 3. Ideology: Creed and Systems
    • Systems emanating from the Creed
    Economic system Judicial system Foreign Policy Social system Education Policy Ruling system Creed (Aqeeda)
  • 4. Creed: A comprehensive idea about life and what is beyond it
    • A comprehensive thought must answer following questions
      • What is man, life and the universe?
      • Where did life come from (What is before life)?
      • What happens after death (What is after life)?
      • What is man’s purpose in life (What is the relationship of this life with that which preceded it)?
      • What is man’s motivation to fulfil his purpose in life (What is the relationship of this life with whatever is after life)?
    Relationship After Life Man, Life, Universe Before Life Relationship
  • 5. Secularism
    • Secularism professes the following concepts
      • Instead of arriving at a conclusion based on enlightened thinking regarding the existence of a Creator, the idea of secularism advocates a compromise. Hence one can believe in the existence of a Creator and the Hereafter if he wants or reject it altogether.
      • They refuse to accept any role of the “Creator” in life affairs even if He exists.
      • Man’s purpose in life, his motivation to carry out actions, his behaviour with others and himself would be defined by man himself rather than the Creator.
      • The people’s representatives would decide, based on majority, as to how the society should organize its affairs; how should people carry out economic, ruling and social transactions etc.
      • Lawmakers should legislate upholding freedom, equalities and national interest .
    One can believe in life(s) after death Man, Life, Universe One can believe In a Creator(s)
  • 6. Capitalist Framework Secularism Freedoms & Equalities Morality Interest & benefit Economic Ruling Social Judicial Education Policy Foreign Policy Majority
  • 7. Islamic Aqeedah
    • Islamic Aqeedah is based on enlightened thought
      • Islam requires its followers to answer these basic questions using ration and intellect.
      • Hence the existence of the creator is proven with definite evidence, so is the proof of Qur’an being the word of the Creator. Messengership of Muhammad (saw) follows from the proof of Qur’an
      • According to Islamic Aqeedah Allah has given us clear guidance as to what is Man’s purpose of Life and what should be his motivation to fulfil it. Man’s purpose in life is to worship Allah by following His commands in all aspects of life.
      • Man’s motivation to follow Allah’s commands is the knowledge that he would be accounted on the Day of Judgement. A Muslim seeks the pleasure of Allah and strives for eternal paradise whilst saving himself from Allah’s displeasure and Hellfire.
    Day of Judgment Heaven, Hell Man, Life, Universe Allah Accountability Commands of Allah
  • 8. Islam: Sources of Legislation
    • The primary sources of Legislation are:
      • Qur’an
      • Sunnah
    • There are two other sources indicated by the primary sources
      • Ijma us-Sahaba
      • Qiyas with ‘illa Shariya
    Aqeedah Qur’an (Nass) Sunnah (Nass) Ijma us-Sahaba Qiyas
  • 9. Islam: Extracting Systems from Creed Aqeedah Qur’an Sunnah Ijma us-Sahaba Qiyas Economic Ruling Social Judicial Education Policy Foreign Policy Ijtihad (Only for Zanni text)
  • 10. Ruling System : Islam has legislated laws organise man’s three relationships Creator Man Man Ibadat Muamilat Akhlaq
    • Laws related to organizing Man’s three relationships are not up for debate or discussion
      • Man with Creator
      • Man with Man
      • Man with himself
  • 11. Relationship with the Creator Creator Man Ibadat
    • Praying
    • Fasting
    • Hajj
    • Zakat
    • Tahajud
    • Recitation of Qur’an
    • Nawafil
  • 12. Relationship with other Human Beings Man Man Mu’amilat (In private and in Public)
    • Husband and wife (Nikah)
    • Buyer and seller
    • Ruler and Ruled
    • Ahkamaat related to Partnership
    • Prohibition of forcibly converting non-Muslims
    • Not killing women and children during Jihad
    • Pacts and treaties
    • Prohibition of owning public property
    • Taxation
    • Dress Code in public
    • Rules related to inheritance and Custody
  • 13. Relationship with oneself Man
    • Rules related to
      • Malboosat (dress code)
      • Mat’omat (foodstuff)
      • Akhlaqiyat (morals)
    • Personal Cleanliness
    • Rulers related to Clothing
    • Ahkam related to foodstuff
    • The way to cut ones nails, hair etc.
    • Putting on perfume
    • Akhlaq (Harsh, Proud, Humble)
    • Honesty
    • Being careless or responsible
  • 14. Ideology: Creed and Systems Khilafah Capitalism
    • Islam obliges the Muslim to use his mind to believe in Allah and forbids imitation in Aqeedah.
    • Islam calls to look deeply in the universe to understand its law and to be guided to the belief in the existence of a Creator 1
    • Secularism is not based on mind rather it is built on a compromise between the Clergy and the Philosophers
    • Instead of coming up with a rationally correct conclusion of the questions secularism compels man not to discuss the issue that if there is a Creator and does He have any relationship with this life, rather settles it by finding a middle path in the form of a compromised solution
    • Hence Islam trains a Muslim to always look for the correct solution irrespective of the odds against him and not to compromise on principles for perceived worldly benefits. This produces a society with high moral values seeking the truth (Haq)
    • Capitalism guides its adherents to seek a compromised solution in their life’s affairs as well, rather than the correct solution. This is why we hear quite frequently the phrase “lesser of the two evils” in all Capitalist states.
    • The correctness of any Ideology is gauged by it’s creed since it the creed from which all the systems emanate and it is the creed which provides the intellectual basis on which all thoughts are build. Islamic Aqeedah is the only correct creed since it is the only creed which convinces the mind
  • 15. Progress: The relationship of Creed and Systems
    • For any nation to progress she has to implement a system which is in harmony with their fundamental beliefs and concepts i.e. her Creed
    • Pakistan is implementing a system which is in conflict with the creed of the overwhelming majority
    • Hence a sizeable cross-section of the society refrain from participating in the system deeming it contradictory to the Ahkam of Islam, which results in the weak implementation of system
    • Current System:
    • Interest is allowed
    • Insurance is legal
    • Constitution protects “freedoms”
    • National Interest supersede
    • Allah’s ahkam
    • Creed:
    • Interest is Haram
    • Insurance is Haram
    • People are not free,
    • they are slaves of Allah
    • Allah’s ahkam set our
    • National interests
  • 16. Putting Pakistan on the road of progress
    • There are two possible ways to put Pakistan on the path of progress:
      • Option 1: People change their Aqeedah (Creed)
        • The people should become secular in their belief and implement the capitalist system in its entirety, without any reservation or holding back
      • Option 2: People should implement a different system
        • A system that exclusively emanates from their aqeedah, upon whose implementation they do not feel any emotional or religious resistance within themselves and whose protection they will consider a part of their aqeedah .
    • Option 1, doesn’t seem to be a practical and possible option. It is highly un-likely that people in an overwhelming majority would leave their aqeedah when they know that their belief is the correct one
    • Only the second option is a workable solution since Islamic aqeedah dose give rise to a system.
    • Hence progress cannot occur until we implement a system completely emanating from the sources of Shari’ah
  • 17. Adopting from other Ideologies and Civilizations]
    • There is a difference between the thoughts related to Aqeedah matters i.e. doctrines and Shari’ah rules, and the thoughts related to sciences, techniques, industries and the like
    • We are not allowed to take Aqeedah matters as well as laws and principles related to systems and view point towards life from any other system, ideology or civilization. Thoughts such as democracy, privatization of public resources, freedom of expression etc are not to be taken as Allah has given us clear and precise Shari’ah rules in all the above matters.
    • We can adopt administrative means and styles as Umar (ra) adopted the system of Diwan from the Romans
    • We are allowed to adopt and learn anything related to science and technology or use tangible objects such as tanks, airplanes etc. as long as it doesn’t contradict Shai’ah rules
  • 18. Ruling System (Nidham ul Hukm fil Islam)
  • 19. Establishing the Khilafah is an Obligation (Fardh)
  • 20. Evidence : From Qura’n
  • 21. Evidence : From Sunnah
  • 22. Evidence : From Ijm’a as-Sahabah
  • 23. Evidence : From Shar’i Principle
  • 24. Evidence : What Islamic ruling system is not:
    • Monarchical
      • Ruling is not hereditary and Khaleefah is chosen by Muslims
      • Khaleefah has no special privileges
      • The Khaleefah is accountable and can be punished by law if found guilty
      • He is not the symbol of the Ummah where he owns and does not rule nor is he a symbol who rules and runs the affairs of the people and country as he pleases.
      • He is not the source of legislation rather he has to implement Shari’ah whether he likes it or not
    • Republican :
      • The Sovereignty belong to the Shara’ not the Ummah
      • Neither the Ummah nor the Khaleefah has the right to legislate
      • The Khaleefah is bound to adopt rules for the constitution and cannons that are extracted from Qur’an and Sunnah
      • Though Ummah has the right to elect the Khaleefah but they do not have the right to remove him as long as he implements Shara’.
      • The system does not determine the Khaleefah’s term of office. This is rather determined by his implementation of Shar’a .
  • 25. Ruling System : What Islamic ruling system is not:
    • Imperial:
      • Each region is considered an indivisible part of the State.
      • Ruling authority and systems are same for all regions
      • Same laws for all citizens throughout the state with no distinction of race, language or creed. Non-Muslim citizens has the full rights and duties that a Muslim citizens has.
      • It does not make the regions under its rule into colonies, areas of exploitation, nor a source of wealth funneled back into the central region for it’s own benefit. It is for this reason that the areas outside Hijaz flourished and became centers of learning, trade and enlightenment unlike the colonies of the west during the colonization period.
    • Federal:
      • Shape of ruling is that of unitary not federal. The Wilayat have no autonomy in ruling, economy, military or so like whatsoever
      • Funds are spend equally on subjects of Wilayat , regardless of their Wilayah
      • The Khaleefah is the one who appoints army commanders, the Wulah , rulers, finance and economy officials, judges and everyone whose duty is to rule
  • 26. Ruling System : The distinguishing feature of any Ruling System Ruling system Who appoints and removes the ruler ? Who legislates and makes decisions?
  • 27. Who legislates and makes decisions?
  • 28. Ruling System : Democracy is in contradiction with Islam
    • Democracy and Khilafah are in contradiction in terms of :
      • Source of Legislation
        • Democracy: Human mind (Freedoms, Moralities, Equalities)
        • Khilafah: Devine Revelation (Qur’an, Sunnah, Ijma’, Qiyas)
      • Process of Legislation
        • Democracy: Majority
        • Khilafah: Looking for the strongest Daleel through the process of Ijtehad
    • Mind can never give a system which could organize man’s relationships correctly:
      • Man and his Creator
      • Husband and Wife
      • Father and Son
      • Sister and Brother
      • Ruler and the ruled
      • Ruler and minorities
      • Balance between man/woman rights and responsibilities
  • 29. Sources of legislation
  • 30. Ruling System : Source of Legislation Khilafah Democracy
    • 1) Qur’an
    • 2) Sunnah
    • 3) Ijma’ as-Sahaba and
    • 4) Qiyas
    • are the only sources of legislation.
    • It is the responsibility of the State to prove that they have adopting laws from none other than the Shari’ah sources.
    • No law can be taken from any other system or creed since Islam is not silent on any issue dealing with human relationships and society.
    • These laws pertain to all systems such as Economic, Ruling, Social, Education, Judicial and Foreign Policy.
    • Human mind, freedoms, Human Rights and “national interest” and not Islam are the sources of legislation.
    • The parliament has the authority to make laws from any source or adopt it from any creed.
    • It is the responsibility of the people and Islamic Ideological Council to waste time in proving the contradiction with Islam. Furthermore, council’s decisions are not binding.
    • Precious time is wasted in showing contradiction with Islam such as in the Riba case.
    • Gives rise to a system full of contradicting laws emanated from various creeds and system. Such as blasphemy laws and freedom of expression, Sharia Courts and “non-Sharia” courts, Islamic provisions and “non-Islamic provisions” etc.
  • 31. Ruling System : Islamic Framework Aqeedah Qur’an Sunnah Ijma us-Sahaba Qiyas Economic Ruling Social Judicial Education Policy Foreign Policy Ijtihad (Only for Zanni text)
  • 32. Ruling System : Capitalist Framework Secularism Freedoms & Equalities Morality Interest & benefit Economic Ruling Social Judicial Education Policy Foreign Policy Majority
  • 33. Process of legislation
  • 34. Ruling System : Process of decision making in a household 1 Should the children Drink alcohol In a Home 2 Which Cardiologist should the mother be taken to 3 Where should the family spend the summer vacation
  • 35. Ruling System : Process of decision making in a household
    • Question # 1: The matter is not up for debate or discussion. Allah has already decreed alcohol to be Haram. Hence it is unlawful for the father to ask family members opinion for allowing or disallowing it
    • Question # 2: The father can take suggestions from the members of the family who are knowledgeable as Allah has made this matter Mubah for us to chose. Hence the father can take suggestions from his Doctor son or her educated daughter. But he would avoid discussing the matter with his un-educated son or his young child who don’t have substantial knowledge in the issue. After this consultation he reserves the right to make a decision what he feel is good for the family
    • Question # 3: In this matter the father can have a voting and follow the majority decision. As every member is capable of making this simple decision and Allah has allowed Muslims to chose any halal recreation
  • 36. Ruling System : Process of decision making in a State Legislative Decision Making Mubah Issues Mubah Issues in which Ummah’s representatives are generally knowledgeable Mubah Issues which need expertise and insight In a State
  • 37. Ruling System : Process of decision making in a State Legislative Decision Making
  • 38. Ruling System: Legislative Decision making Khilafah Democracy
    • No one is allowed to legislate except Allah 1
      • Allah’s laws are automatically the law of the land. Khaleefah does not have any choice but to implement them nor do they require endorsement by the majority of the representatives to become the law of the land. 2
      • The Khaleefah implements Allah’s laws derived only from Qur’an, Sunnah, Ijma as-Sahaba and Qiyas, through the process of Ijtehad.
      • The Khaleefah’s personal choice or the whims of the majority of the Majlis-e-Ummah bears no weight in the process of Ijtehad.
    • The people are the origin of the Law
      • People are led to believe that sovereignty belongs to Allah but actually the will of the majority prevails.
      • For implementation of Shari’ah, Allah’s laws are to be produced before the representatives in the form of a bill who have the choice to accept or reject.
      • Hence practically Creator’s laws need approval of the creation to become the law of the land. Hence we hear terminologies such as ‘Shari’ah bill’ etc.
  • 39. Evidences إِنِ الْحُكْمُ إِلا لِلَّهِ "Verily , Ruling is only for Allah " [Yusaf: 40] لَهُ الْحُكْمُ وَإِلَيْهِ تُرْجَعُونَ "The judgment is His, and to Him you shall return." [28:88] وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَ Those who do not judge by what Allah hath revealed, They are the Unbelievers [5:44] فَاحْكُمْ بَيْنَهُمْ بِمَا أَنْزَلَ اللَّهُ وَلا تَتَّبِعْ أَهْوَاءَهُمْ عَمَّا جَاءَكَ مِنَ الْحَقِّ So judge between them by what Allah hath revealed, and follow not their vain desires , diverging from the truth that hath come to thee [5:48] فَلا وَرَبِّكَ لا يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لا يَجِدُوا فِي أَنْفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًا But no, by the Lord, They can have no (real) Faith, until They make Thee judge In all disputes between them, and find In their souls no resistance against Thy decisions, but Accept them with the fullest conviction. [4:65] وَمَا كَانَ لِمُؤْمِنٍ وَلا مُؤْمِنَةٍ إِذَا قَضَى اللَّهُ وَرَسُولُهُ أَمْرًا أَنْ يَكُونَ لَهُمُ الْخِيَرَةُ مِنْ أَمْرِهِمْ وَمَنْ يَعْصِ اللَّهَ وَرَسُولَهُ فَقَدْ ضَلَّ ضَلالا مُبِينًا It is not fitting for a Believer, men or women, when a matter has been decided by Allah and His Messenger to have any option about their decision [33:36]
  • 40. Evidences
    • For those who think that consultation should be on all matters sighting the ayah: " And do consult them in the matter…” [Al-’Imran: 159] we say that duties (Wajibaat), and prohibitions (Muharramaat) and the divine rules explained by the Shar'a and specifically stated by it, have no place for human opinions and there is no scope for consulting about them.
    • “ 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],
    • "And rule between them by that which Allah revealed to you, and do not follow their whims , and beware that they may deviate you away from some of which Allah revealed to you ." [TMQ Al-Mai’dah:49]
    • , "And whatever the Messenger brought to you take it, and whatever he forbade you of leave it." [Al-Hashr: 7].
    • The Messenger of Allah’s (saw) said:
    • “ 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 (swt) and not for the Ummah. Hence Allah has ordered consultation in matters which are Mubah not in legislative matters. Democratic process of legislation which is based on majority votes of the representatives, is a kufr concept, completely alien to Islam.
  • 41. Ruling System : In Khilafah majority is not always authority
    • Consultation is the right of the Ummah and Allah has recommended the ruler that he consults the people in running the affairs of the State. But consultation (Shura) deosn’t mean that its majority opinion has to be binding on the Khaleefah. The Aya which encourages Shura (consultation) gives the final verdict to the Messenger i.e. the ruler of the state.
    • وَشَاوِرْهُمْ فِي الأمْرِ فَإِذَا عَزَمْتَ فَتَوَكَّلْ عَلَى اللَّهِ
    • And consult them In affairs, then, when you have taken a decision put Thy trust In Allah (Al-Imran: 159)
    • The Messenger of Allah (saaw) rejected the overwhelming majority of the Sahabah on the day of Hudaibiya and accepted the truce with Quresh saying:
    • "I am Allah’s servant and His Messenger, I shall not go against His commandment and He will not make me the loser.”
    • This shows that when it comes to Hukam of Allah majority has no bearing. So Allah’s laws do not need majority endorsement to become the law of the land.
    • Abu Bakr (ra) fought the apostates as well as those who refused to pay Zakah and sent Osama (ra) army to fight the Romans all at the same time, rejecting the unanimous opinion of the Sahaba who opposed taking all these expeditions at once. This shows that the majority opinion of the Sahabah was not binding on the Khaleefah i.e. Abu Bakr (ra) and he implemented his opinion rejecting the majority.
    • Similar situation was seen when Omar (ra) implemented his opinion of levying Kharaj on the lands of Iraq rejecting Bilal (ra) and the opinion of a number of Sahabah.
  • 42. Ruling System : Implications
    • Since the Khaleefah doesn’t have any legislative powers he cannot be blackmailed or pressurized to make laws by the Majlis-e-Ummah, lobbies or masses
    • PM could be dictated by pressure groups, multinational Comps., IMF, WB. PM will be under pressure from people’s desires, not from Allah’s Ahkam
    • Man made laws will always have a bias towards the interests of the legislators or the interest of their colonial masters.
    • In democracy people’s taxes and lives are used to secure the interests of the corrupted elite, as was done by the oil lobby in the Iraq and Afghanistan wars
    • Only divine laws give justice to all
    • Hence Democracy is the “Dictatorship of the Elite”
    • Rule of Law only possible in the Khilafah
  • 43. Ruling System : Legislation of Allah is applicable even today Creator Man Man Ibadat Muamilat Akhlaq
    • Laws related to organizing Man’s three relationships are not up for debate or discussion
      • Man with Creator
      • Man with Man
      • Man with himself
    • These laws do not change with time and space. Hence Shariyah is for all times
  • 44. Ruling System : Process of decision making in a State Legislative Decision Making Mubah Issues Mubah Issues in which Ummah’s representatives are generally knowledgeable Mubah Issues which need expertise and insight In a State
  • 45. Ruling System : Process of decision making in a State Mubah Issues Mubah Issues in which Ummah’s representatives are generally knowledgeable Mubah Issues which need expertise and insight
  • 46. Ruling System : Administrative Laws and Implementation details Khilafah Democracy
    • A) Mubah Issues about which Ummah is generally knowledgeable and expert opinion is not needed:
    • Majority opinion of the representatives of the Ummah is binding on the Khaleefah .
    • B) Mubah Issues which needs expertise and insight:
    • After consultations with the experts and people of insight Khaleefah makes the final decision. He is not bound by the majority opinion of the experts rather he would look for the strongest opinion. For example to deal with water crisis, should the government build four small water dams or just one big dam.
      • The representatives of the Ummah can account him and ask for justification but their majority opinion is not binding.
    • A) Mubah Issues about which Ummah is generally knowledgeable:
    • People’s representatives to decide what is good for them.
    • B) Mubah Issues which needs expertise and insight:
    • The Cabinet makes strategic decisions but the parliament has the right to overrule them by voting against it.
  • 47. Evidences Category A: On the day of Badr the Messenger of Allah (saaw) consulted an expert of war Habab bin Al-Munthir (ra) in choosing the place of the Battle of Badr. He accepted his opinion and implemented it without even considering consultation with other great Sahaba. Category B: This view is derived from the Messenger’s adherence to the majority opinion to leave Madinah to confront the Mushrikeen army at the Battle of Uhud, although his opinion and those of senior Sahabah was to stay in Medinah and not to go out. It is also derived from his saying to Abu Bakr and ‘Umar. “Had you agreed together on a consulted matter I would have not disagreed with you .” [Narrated by Ahmed from Ibnu Ghanam bin Al- Ash’ari]
  • 48. Ruling System : Implications
    • The Ummah’s representatives provide positive input that helps smooth running of the state
    • Taking majority opinion who are not experts in the issue is senseless. Hence only experts are consulted and final decision rests with the elected Khaleefah
    • In Khilafah, matters concerning the well being of the society that requires technical expertise cannot be politicised by political parties by manipulating the ignorance of the common people
  • 49. Ruling System : Example of Decision making in Khilafah Should Oil and gas wells be privatized Administrative Laws and Implementation details Should the Nuclear reactor be built at Chashma Should the state first build motorway or fix the sewage system In a State
  • 50. Decision making in Khilafah Ruling System: Decision making Legislative Mubah (General issues) Mubah (needing expertise ) Economic Ruling Social Judicial Education Policy Foreign Policy Khaleefah is final authority after discussing with experts People Through their representatives decide based on majority Allah’s Ahkam Are implemented derived from the sources, Qur’an, Sunnah, Ijma us Sahaba Qiyas
  • 51. Decision making in Autocracy ( dictatorship of an individual ) Ruling System: Decision making Legislative Mubah (General issues ) Mubah (needing expertise ) Economic Ruling Social Judicial Education Policy Foreign Policy The ruler The ruler The ruler
  • 52. Decision making in Democracy ( dictatorship of an elite group ) Ruling System : Decision making Legislative Mubah (General issues) Mubah (needing expertise) Economic Ruling Social Judicial Education Policy Foreign Policy Elite Group Elite Group Elite Group
  • 53. Ruling System : Islamic Democracy: The biggest hurdle in implementation of Islam
    • No law is enacted even in an “Islamic Democracy” without the consent of the majority.
    • Hence Allah’s Hukam becomes law of the land subject to the endorsement of the 51%
    • Riba is legal in Pakistan even though there is a clear Hukam of Allah just because the legislators in the parliament have not made it Haram. This shows who has the sovereignty in Pakistan’s constitution
    • Voting on a Hukam of Allah to accept or reject it as being the law of the land, is absolutely HARAM. This process gives man the right to say “Yes” or “No” to Allah’s Hukam whilst a Muslims doesn’t have any right to have any say once Allah has legislated a matter
    • وَمَا كَانَ لِمُؤْمِنٍ وَلا مُؤْمِنَةٍ إِذَا قَضَى اللَّهُ وَرَسُولُهُ أَمْرًا أَنْ يَكُونَ لَهُمُ الْخِيَرَةُ مِنْ أَمْرِهِمْ وَمَنْ يَعْصِ اللَّهَ وَرَسُولَهُ فَقَدْ ضَلَّ ضَلالا مُبِينًا
    • It is not fitting for a Believer, men or women, when a matter has been decided by Allah and His Messenger to have any option about their decision
  • 54. Ruling System : Pakistan’s Constitution is a Secular Constitution
    • Article 227 of 1973 Constitution of Pakistan which is sited to prove that this Constitution is Islamic, states: “ No Law shall be enacted which is repugnant to such injunctions [i.e. Islamic injunctions]“
    • Afghanistan and Iraqi constitution, which is drafted by none other than the Americans themselves, have articles very similar to the article quoted above:
      • "no law can be contrary to the sacred religion of Islam" (Afghanistan’s Constitution: Article 3)
      • "No law that contradicts the established provisions of Islam may be established" (Iraq's Constitution: Section One, Article 2(A) )
    • US added these articles to deceive the sincere elements in the legal jargons, knowing fully well that this article will not give rise to Islamic legislation
    • The above articles are completely un-Islamic. As all of them allow the parliamentarians to enact laws from other than Qur’an and Sunnah and do not restrict them only to Shari’ sources. Hence it is up to the people to prove whether these are repugnance to Islam or not.
    • The correct legal clause should be: "Legislation cannot be taken from any source other than Qur'an, Sunnah, Ijma-e-Sahaba and Qiyas"
  • 55. Ruling System : Comparison: Ummah Council vs. the Parliament Khilafah Democracy
    • Does not have the right to legislate
    • The majority opinion when sought in non-technical issues is binding such as matters related to ruling, economy, education etc
    • There opinion regarding intellectual matters that require investigation and scrutiny is not binding, such as the technical and the financial matters together with the affairs of the armed forces and foreign policy.
    • Accounts the ruler in all matters
      • The majority can revoke an already taken decision or step where UC opinion was binding e.g. ruling, education, domestic affairs etc.
      • UC can discuss and guide the Khaleefah in issues related to foreign affairs and technical matters but their majority opinion cannot revoke Khaleefah’s decision.
    • Qazi Mazalim settles the difference between Khaleefah and UC over these issues. Its verdict on the matter is binding.
    • Legislate laws for all the people
    • Accounts the ruler in all matters
    • Majority is authority and hence is implemented
  • 56. Ruling System : Implications
    • Real representation is only possible in the Khilafah
    • Rule of Law only possible in the Khilafah
    • Corruption: An inherent feature of Democracy
    • Democracy leaves the door open for foreign influence in the Political and Ruling system
    • Islam protects minority rights while democracy leaves it to the whims of the majority
  • 57. Ruling System : Real representation only Possible in Khilafah Khilafah Democracy
    • The real representation can only happen in the Khilafah
      • Since the elected representatives of the Ummah council do not have any powers to legislate and nor do they have the blackmailing card of ejecting the Khaleefah at their will. They also don’t get legalized bribes in the form of “developmental budget”. This makes the post unattractive for the corrupt and the selfish. They find no reason to “invest” millions of rupees in election campaigns to “represent” the poor people
      • Hence the representative post is not a ruling or a legislative post rather their job is to only account the ruler and convey the grievances/suggestions of the people to the Khaleefah
    • Real representation is not possible in democratic system
      • The process of law making gives parliamentarians the authority to make laws to protect their personal interests rather than the interests of the people whom they are supposed to represent. It is for this reason they increase their pay almost every year while the masses starve.
  • 58. Ruling System : Rule of Law only possible under Khilafah Khilafah Democracy
    • As the Khaleefah cannot change the laws he cannot make himself above the law
      • In our history there have been numerous incidents where the Khaleefah or his son were summoned to the court and judge passed judgment against them
    • Khaleefah cannot change the judge if he is hearing a case against the Khaleefah
    • In democracy laws are legislated to protect the elite from even being summoned to the court
      • According to the Article 248 of the Pakistani constitution President, PM, Chief Minister and governors cannot be summoned to court in connection to their responsibilities
    • Recently Bush has passed a law according to which investigators and the government cannot be legally sued by detainees abducted under terrorism allegations
  • 59. Ruling System : Corruption: An inherent feature of Democracy
    • In Democracy corrupt are attracted towards politics like the bees are attracted towards nectar
      • “ Professional politicians” invest millions of rupees in elections and rear “Ghundas”, to keep sincere people out of the political arena
      • The corrupt know that the only way to protect themselves is to be in the ruling post and legislate laws which will legalize their corruption
      • People’s taxes and lives are used to secure the interests of the corrupted elite, as was done by the oil lobby in the Iraq and Afghan wars recently
    • In Khilafah the corrupt have almost no incentive to join the political medium
      • “ Professional politicians” find no reason to invest millions as they cannot legislate laws to their benefit or influence the Khaleefah with vote of no-confidence
      • Members of Majlis-e-Ummah are not rulers hence they get no “developmental budget”
      • As a result Political system gets cleaned from corrupt people
  • 60. Ruling System : Influence of foreign powers in the Political system Khilafah Democracy
    • Since in the Khilafah, even the Khaleefah has no right to change Allah’s laws or go against them, therefore colonialist find no advantage in pressurising him in doing something for which he has no powers
      • Khaleefah Abdul Hameed’s response to Lord Herzal is best example
    • Hence by taking the right of “legislatioin” away from man Allah has actually relived man from such types of foreign pressures.
    • Hence Multinational companies or powerful lobbies cannot pressurise the Khaleefah as he has no powers to legislate laws in their favour
    • Hence the Khilafah System ties the hands of the Khaleefah so much so that even an agent Khaleefah cannot hurt the Muslims they way an agent ruler in a dictatorship or democracy can hurt the masses
    • Whenever man will be source of legislation foreign powers will try to influence him and make laws in their favour
    • Colonialist forces pressurise an individual in a dictatorship and an elite group in a democracy to make laws for their interests
    • Musharraf was asked if he is with the US or against them. He supported the US to kill Muslims of Afghanistan. And then under democracy the parliament passed 17 th Amendment to legalize all the Haram actions done by Musharraf such as giving US bases, providing them with logistic support, handing away 500+ Muslims to the US etc.
    • PM could be dictated by pressure groups, multinational Comps., IMF, WB and will be under pressure from people’s desires, not from Allah’s Ahkam
    • Dictatorship and Democracy are two sides of the same coin
  • 61. Ruling System : Minority rights
    • In democracy as the legislation belongs to the people hence the majority can curtailing rights of the minorities whenever they wish:
      • US Patriot Law (anybody can be thrown in jail by simply labelling him as terrorists)
      • Women are not allowed to wear Hijab in public school
      • In Holland face covering in public place is illegal
      • In Britain a person can be detained for about a month without providing any proof
      • Nobody can file a law suite against US authorities if detained under certain terror law
      • Free World’s glairing example of liberty and civil rights: Guantanamo Bay
    • In Khilafah, since man doesn’t legislate hence it is not up to the Khaleefah or the majority of the representatives to abrogate or suspend the rights of the citizens no matter which political group, ethnicity, religion or gender he belongs to
    • Hence the rights of the non-Muslim citizens are set on stone and nobody can change them. It was for this reason we still find millions of Christian and Jews living in the Muslim world where Muslims have ruled for Centuries. But one cannot find a single indigenous Muslim of Andalusia (Spain)
      • Christian citizen of the Khilafah fought along side Muslim armies against the Crusaders as they were happy under Muslim just rule
  • 62. Ruling System : Difference of Opinion and How to resolve it Khilafah Democracy
    • In Qur’an and Sunnah there are two types of texts.
      • Qatai (definitive-no two interpretation)
      • Zanni (Ijtehad is needed to arrive at the Hukam of Allah)
    • Only in Zanni text one can have difference of opinion. Muslims are allowed to follow any valid Ijtehad whether they do it themselves, if they are capable, or follow any Mujtahid.
    • Khaleefah adopts the strongest Ijtehad and implements it over all the people in societal or system related issues such as:
      • Economic, ruling, social, education, Judicial systems and foreign policy
      • Some other issues such as Zakat, Jihad etc
    • Islam obliges Muslims to obey the ruler leaving their own Ijtehad in these issues. Hence the sharai’ principle ‘ruling of the Imam alleviates the difference of opinion’ is accepted by old and new scholars alike.
    • Difference of opinions are resolved based on Majority of the legislatures. It is not the people’s majority as it happened in the Iraq crisis in various western countries.
    • There is not much difference among various school of thoughts as for the systems of the state are concerned. Everyone consider Riba, obscenity as haram, amputating thief's hands as Fard, guarating basic needs as obligatory etc.
    • Any shade of Islam would be much more acceptable for Muslims than the kufr being implemented today in the form of Capitalist system
  • 63. Ruling System : The distinguishing feature of any Ruling System Ruling system Who appoints and removes the ruler ? Who legislates and makes decisions?
  • 64. Ruling System : The distinguishing feature of any Ruling System Who appoints and removes the ruler ?
  • 65. Ruling System: Appointment of the Ruler Khilafah Democracy
    • Khaleefah must have seven conditions
      • Muslim
      • Sane
      • Free
      • Male
      • Mature (Baligh)
      • Adl (opposite of fasiq)
      • Is capable of ruling (Qadir)
    • The Khaleefah is appointed either by the people directly or through their representatives
    • The ruler should have qualification as pronounced by article 62 & 63 of the constitution
      • Muslim
      • Mature
      • Graduate
      • Good Muslim etc.
    • People elect the parliament which in turn elects the Prime Minister through voting
  • 66. Ruling System : Appointment of the Ruler Khilafah
    • Mahkamat ul-Mazalim will short list the nominees taking into account the basic contractual conditions for being a Khaleefah
    • The Majlis-e-Ummah, in its capacity as the representative of the Ummah, will short lists the nominees twice: first to six and then to two nominees. This will be done after receiving the list of nominees from the Mahkamat ul-Mazalim .
    • The Muslim members of the Majlis-e-Ummah will vote on the two candidates to elect one for the post of the Khaleefah
    • All the members of the Majils-e-Ummah will give the contractual Baya’a to the person getting maximum votes. It is due to this Baya’a the elected person becomes the Khaleefah of all the Muslims of the world.
    • The Muslims in general will give the Baya'a of obedience to the contracted Khaleefah as long as he acts according to the Book of Allah and the Sunnah of His Messenger.
  • 67. Ruling System : Time duration of the Ruler Khilafah Democracy
    • Like marriage and financial contracts, Khilafah contract is also not time-bound.
    • He is elected for a limited time of 5 years
    • Khilafah contract is between the Ummah and the Khalifah for ruling over the people according to Islam. Hence as long as he fulfils these conditions he will continue to be a Khalifah.
    • Needs people’s endorsement in the form of re-election to continue his rule
    • The duration could be even reduced through a no confidence vote which the representatives can carry out any time purely on their whims and desires
    • The pertinent question to be asked is; After all why does a good rulers should rule only just for five years and a bad rulers should stay for five long years?
    • The secular democracy can not develop such a mechanism as they have no divinely revealed fixed and absolute criteria's for all what is good and all what is bad for humanity.
  • 68. Ruling System : The Ummah cannot eject the Khaleefah
  • 69. Ruling System : The Ummah cannot eject the Khaleefah
  • 70. Ruling System: Impeachment of the Ruler Khilafah Democracy
    • Khaleefah can be impeached anytime by the courts if he implements Kufr or fails to fulfil his contractual conditions
      • - Capability to rule - Male
      • - Adl (not fasiq) - Sane
      • - Muslim - Free
      • - Mature
    • The Parliament can kick PM out of the office by passing a “No Confidence” vote.
    • The ruler continues to be a ruler even though he fails to implement Islam or fulfil his election promises as long as he is keeping the parliamentarians happy
    • He may be impeached even though if he is a good ruler, if the parliamentarians don’t like his policies
    • If the courts fail to do so then the Ummah should gather strength in order to impeach him by force.
    • No such provision in this system
    • Khilafah is a much stable Political system, whereas in Democracy political instability is created through Vote of No-Confidence, horse trading etc.
    • PM’s primary concern is to keep the parliamentarians and pressure groups happy rather than Allah
    • Legalised bribery is introduced to forge stability, such as awarding ministries to “forward blocks”, allocation of funds etc.
    • Khilafah's only concern would be to implement Islam and make sure that he fulfils his contractual conditions
  • 71. Ruling System: Impeachment of the Ruler
  • 72. Ruling System : Accountability of the ruler Khilafah Democracy
    • Peaceful
      • Individual
      • Group (Political Party)
      • Majlis-e-Ummah
      • Qadi Mazzalim
    • Peaceful
      • individual
      • Group (Political Party)
      • Parliament
      • Courts
    • Fighting with Sword (material force)
      • The whole Ummah is obliged to fight him with sword (material force) if he rules with clear kufr for which there is not even a weak daleel from Qur’an and Sunnah
    • With Sword (material force)
      • No such concept
    • This physical use of force keeps the ruler in check from implementing Kufr.
    • In the 1300 years of Khilafah’s history we have had Khulafaa who did Zulm but accountability was so thorough that even these rulers were not able to change the law of the land and implement Kufr and rule by other than Islam.
  • 73. Evidence : Peaceful accountability
  • 74. Evidence : Accountability with Sword (Khurooj)
  • 75. Ruling System : Severity of the accountability Khilafah Democracy
    • Accountability is fard on the Ummah as “ Nahi anil Munkar ” 1
    • All the political parties in Khilafah are working to put Khalifah in check for implementation of Islam and act as a vanguard of Islam over Khalifah.
    • People have the option to either account the ruler or chose to keep quite under the pretext of freedom of expression
    • There are ruling and opposition parties both securing there personal and group interests.
    • This religious obligation makes accountability in Khilafah stronger than democracy
  • 76. Ruling System : Implications
    • Better accountability in Khilafah system than Democracy
    • Democracy: Blackmailing, Horse-Trading, Maintains the Status quo
    • Khilafah is a more stable System than Democracy
    • Provincialism and Ethnic rivalries are an integral part of a Democratic system
  • 77. Ruling System : Accounting far stronger in Khilafah than Democracy
    • Accounting is an obligation in Islam ( Amr bil Ma’roof and Nahhi unil Munkar)
      • In Islam accounting is an obligation. Even if it is dangerous a Muslim has to account the ruler
      • In democracy accounting is a right and it is up to the people to account or keep quiet if it is dangerous
    • People could be bared from accounting
      • In Democracy government can legislate laws to stops people from various cross-sections of the society from accounting the rulers such as Civil servants, Army officials, students etc.
      • In Khilafah this cannot happen as Allah has ordained every individual of the society to under take “Amr bil Ma’roof and Nahhi unil Munkar” .
    • In democracy judiciary could be bared from accounting
      • In democracy laws can be enacted which can stop the judges and the common people from taking the government to court. One such law was the 17 th Amendment under which no court can hear a case challenging Musharraf’s conniving with the US in killing Muslims of Afghanistan as well as handing over of more than 500 Muslims to the US.
      • Under Article 248 of the Pakistani Constitution President, PM, Governors, Chief Ministers cannot be brought to court in connection with their responsibilities
    • Accounting will based on Islam not people’s whims and desires
      • In Khilafah the criteria of accounting is Islamic laws but in democracy the members of the parliament can eject the rulers purely based on their whims and desires even if the ruler is good
    • Accounting with sword
      • In Khilafah if the Khaleefah implements Kufr then he must be stopped through peaceful means such as verbal accounting and judiciary. But if he fails to stop then he must be fought and removed from this post. This is the strongest form of accounting which doesn’t exist in democracy.
      • In Democracy if the ruler is violating the constitution and the judiciary cannot stop him the people have no option but to wait until his term passes provided he doesn’t get himself re-elected as was the case with Musharraf. Hence in all practical terms people have no way to stop this Munkar (vice)
  • 78. Ruling System : Blackmailing, Horse-Trading and Maintaining of the Status quo
    • Vote of No-Confidence gives rise to various problems:
      • Leg-pulling and negative politics where the people are the really victims
      • Blackmailing by pressure groups and lobbies specially when the government is formed through collation. A minority starts dictating the Majority
      • Legalized corruption and Horse-Trading
        • Government resorts to Horse-Trading and legalized bribery such as “developmental budget” for the MNAs in order to keep its majority in the parliament
      • Ties the hand of a good ruler and maintains the status quo
        • As an example, a good ruler cannot dare implement Islamic laws related to Agricultural land which will distribute land properly as he runs the risk of vote of No-Confidence from the Jageerdars (big landlords) present in the parliament.
        • Hence anything challenging the status quo would be checked by these “elite group” already present in the parliament
      • Gives rise to a very unstable system in which the ruler’s primary focus shifts to protecting his rule by keeping the majority in the parliament happy rather than implementing Islam or taking care of the affairs of the people
      • PM will be under pressure from people’s desires, not from Allah’s Ahkam
  • 79. Ruling System : Khilafah is a more stable System than Democracy
    • In Khilafah, the representatives do not have the dictatorial powers to remove the Khaleefah and he continues to be the Khaleefah as long as he implements Islam and fulfils his contractual conditions. As a result:
      • Khaleefah cannot be blackmailed or pressurised
      • Khaleefah doesn’t need to bribe the representatives to keep the majority
      • No Leg-pulling or destabilizing politics as long Islam is being implemented
      • Liberates the Khaleefah to implement Islam and not the whims and desires of the people
    • If the Khaleefah fails to implement Islam and tries to become a legislator (dictator) he is impeached. If the judiciary fails to impeach him then it is the responsibility of the people to bring him down physically even if they have to fight him and his followers
    • Due to the above reasons Khilafah is far more stable system than Democracy
  • 80. Ruling System : Provincialism and Ethnic rivalries
    • In Democracy the limited term of the ruler gives rise to provincialism and ethnic divisions
      • When the ruler knows that he has to go for re-election this produces, in his mind, undue importance of the majority and insignificance for the minority
      • Hence through out their rule they tend to favour the majority over the minority, giving rise to provincial disharmony and ethnic divide
    • In Khilafah since the representatives can’t terrorize the Khaleefah by vote of No-confidence and he doesn’t have to go for re-election every 5 years, he is under no pressure from the majority areas to prefer them on the cost of minority area.
    • This produces equality amongst the people of all the provinces and ethnic groups in the eyes of the Khaleefah. He knows that as long as he implements Islam and fulfils the basic needs of all the citizens of the Khilafah he will continue to be the Khaleefah
    • It is for this reason that there has never been ethnic or cultural divide amongst the Muslims accept the later part of the Othmani Khilafah in which colonialist played a major role in inflaming nationalism
  • 81. Important features of the Political Structure
  • 82. Ruling System: Political Structure Khilafah Democracy
    • Centralized Ruling
      • The Islamic political system is neither a federation nor a confederation of states. Rather, its authority is centralized making it one entity with a central leadership
      • The authority of the Khaleefah cannot be distributed among a council or a Shura as some suggest
    • De-centralized Administration
      • Wali’s
      • Aamil’s
    • De-centralized Ruling
      • President
      • Prime Minister
      • Cabinet
      • Legislative Assembly
      • Provincial Autonomy
    • De-centralized Administration
      • Provincial Govts.
      • Local Govts.
    • Accountability much stronger in Khilafah than in Democracy
      • Since the ruling is centralised hence Khaleefah can’t brush away criticism by playing helpless and powerless as happens in Democracy. Everybody points a finger at each other, hence people can’t pin anybody down to fix a problem. Federal Govt points to the Provincial Govt. and vice versa.
  • 83. Ruling System : One State for Muslims or Multiple Nation states Khilafah Democracy
    • Single State
      • One Ameer al Momineen, (Khaleefah, Imam) for all the Muslims.
      • It is not allowed for the Muslims to be divided into statelets 2
    • Multiple Nation States
      • Conflicting “National Interests” of different countries is hampering the unified approach of the Muslim Ummah
    • Khilafah produces political unity among the Muslims.
    • It is only because of Nation State concept Muslim land, armies and resources are used against fellow Muslims.
  • 84. Ruling System : One State for Muslims or Multiple Nation states
  • 85. Ruling System : Political Structure Khilafah Democracy
    • Institutions of Khilafah system
        • Khaleefah
        • Muawin Tafweedh (Delegated Assistant)
        • Muawin Tanfeez (Executive Assistant)
        • Walies (Governors)
        • Ameer ul Jihad
        • Internal Security
        • The foreign affairs
        • Industry
        • The Judiciary
        • The administration system (the people’s affairs)
        • Bait ul-mal (the state treasury)
        • Media
        • Majlis al-Ummah
    • Institutions of Parliamentary Democracy
      • Executive
        • Prime Minister
        • Cabinet
        • Governors
        • Civil Servants & Bureaucracy
      • Legislature
        • National Assembly
        • Senate
      • Judiciary
  • 86. Ruling System : Political Hierarchy (Flow Chart)
    • Khaleefah
    • Elected directly by the Ummah
    • Or
    • By Muslim members of
    • Majlis-e-Ummah
    Ameer Al-Jihad Judiciary Delegated Assistant
    • Has all powers of ruling like the Khaleefah
    • Has to report to Khaleefah after taking an action.
    • His ruling can not contradict the adoption of Khaleefah
    • Only has executive powers
    • No ruling powers
    • Implements rulings of the Khaleefah and brings him feedback from the Ummah
    Executive Assistant The State Departments
    • Three types of qadies, Qadhi Aam, Qadhi Mohtasib, Qadhi Mazalim
    • Qadhi Mazalim can impeach the Khaleefah. During the hearing the Khaleefah cannot remove the Qadhi
    Governors
    • Appointed by the Khaleefah
    • Assists the Khaleefah in ruling and implementing Islam in the province
    • Distributes income to public and collects funds for the State
    • A body of the people which executes the Islamic State’s orders
    • Motor vehicle dept.
    • Zakah Collection dept.
    • Marriage and divorce dept.
    • And others
    • Majlis-e-Ummah
    • Elected by the people to represent them
    • Short lists nominees for Khaleefah
    • Scrutinize newly adopted laws and decision of the Khaleefah
    • Make the Khaleefah change the Walies
    All Citizens of Khilafah Internal Security Industry
    • Police and other law enforcing agencies
    • Heads the military
    • Responsible for their training
    • Heavy Industry geared towards supporting Jihad.
    Muslim citizens Elect the Khaleefah
  • 87. Ruling System : Political Environment Khilafah Democracy
    • Islam obliges every individual to be politically aware. This produces a political environment which keeps the ruler in check.
    • It is achieved through following means
      • Multiple Political parties
      • Media
      • Education system
    • Nobody is barred from political activity
    • Nobody is allowed to make parties or organizations from basis other than Islam
    • In democracy one is not obliged to be politically aware.
    • Certain cross-sections are prohibited from participating in Politics
      • All civil servants
      • Students
      • Teachers
  • 88. Ruling System : Rules regarding Political Parties Khilafah Democracy
    • No permission required to establish political parties, rather it is Fard Kafaya to establish it
    • There is no such thing as ruling party or opposition party
    • Every political party gives allegiance to the Khaleefah and is required to obey him in private and public as long as he rules by Islam.
    • Every party has the right to voice her opinion and work to build public opinion for it
    • It is obligated (Fard) for every political party to account the ruler and build awareness and build public opinion against the unjust acts of the ruler
    • Political parties are not allowed to destabilise or weaken the authority of the Khaleefah as long as he is implementing Islam
    • Political parties are responsible in maintaining public opinion for the implementation of Islam and strengthening the system
    • There is a ruling party/coalition and an opposition.
    • The opposition works to remove the government through constitutional means i.e. No-confidence vote, or extra-constitutional means like agitation, civil disobedience, strikes.
    • Political party may account the ruler or chose to keep quiet under the principal of “freedom of expression”
  • 89. Ruling System : Islam forbids a Police State Khilafah Democracy
    • Islam forbids harming the Muslims and spying on them
    • Pakistani Police is known for its torture
    • There are number of Pakistani agencies monitoring Muslims day in day out
    • Obedience to the Muslim ruler who governs with Islam is compulsory
    • There is no obedience in sin
    • Muslims armies and police are bullied to abduct and kill Muslims under the guise of “War against terror”
    • Muslim armies are trained to say “Yes Sir” and “do or die” for all orders
    • Accounting the rulers is fard upon the Muslims