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Islam's Political System Al-Khilafah
 

Islam's Political System Al-Khilafah

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Evidences & Conceptual ...

Evidences & Conceptual
Understanding

Evidences: Quran, Sunnah, Ijma, Sahabah's word, Ulema's word
Concepts: Creed, System, Ideology, Secularism, Islamic Aqeedah, comparison between democracy, dictatorship and Khilafah

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    Islam's Political System Al-Khilafah Islam's Political System Al-Khilafah Presentation Transcript

    • Islams Political SystemAl-KhilafahEvidences & ConceptualUnderstanding
    • THE FARD (OBLIGATION) OF AL-KHILAFAH
    • Evidences from Quran●"So rule between them by that which Allah has revealed, and follow not their desires, butbeware of them in case they seduce you from just some part of that which Allah has revealedto you" (TMQ Al-Ma’idah: 49).●"But no, by your Lord, they will not have Eeman until they make you (O Prophet) rule betweenthem in that wich they dispute, and they find in their souls no resistance against yourdecisions, but accept them with the fullest conviction" (TMQ An-Nisa: 65)●"Indeed, we have revealed to you the book with the truth so that you may rule betweenmankind by that which Allah has shown you" (TMQ An-Nisa:105).●"Whosoever does not rule by that which Allah has revealed, they are disbelievers(Kafiroon).....the thaalimoon (oppressors)....the fasiqoon (evil doers)" (TMQ Al-Ma’idah: 44-47)●Etc.,
    • Evidences from Ahadith●Imam Muslim narrated from Abu Hazim who said:– I was with Abu Hurairah for five years and I heard him narrate from the Prophet (SAW) that he said:"The Prophets used to rule Bani Israel. Whenever a prophet died another prophet succeeded him,but there will be no prophets after me; instead there will be Khulafaa (Khalifahs) and they willnumber many". They asked: what then do you order us? He said: "fulfil allegiance to them one afterthe other. Give them their dues. Verily Allah will ask them about what he entrusted them with".●Imam Muslim narrated from Abdullah bin Umar who said that the Prophet (saw) said,– "One who dies without having bound himself by an oath of allegiance (to a Khalifah) will die thedeath of one belonging to the days of ignorance (Jahiliyah)".●Ahmed and Ibn abi Asim narrated that the Prophet (saw) said,– "Whosoever dies and he does not have over him an Imaam, he dies the death of Jahilyyah".
    • Evidences from Sahabah (r.a.)● Ali ibn abi Taalib (r.a.) said, "The people will not be straightened exceptby an Imaam (Khaleefah), whether he is good or bad". (Bayhaqi, No.14286, Kanz ul-ummal)● Abdullah ibn Umar (r.a.) said "The people in the Ummah will not suffereven if they were oppressors and sinful if the rulers were guided andwere guiding. But the people in the Ummah will suffer and perish even ifthey were guided and were guiding if the rulers were oppressors andsinful". (Abu Nuaim narrated in Hulayat Awliyyah.)● Umar ibn al-Khattab (r.a.) said, "There is no Islam without a community,and there is no community without a leadership, and there is noauthoruty without hearing and obeying".
    • Ijma at the time of Umars (r.a.)death● When Umar bin al-Khattab (r.a.) was close to death he nominated the six peopleamong the companions. The six included Uthman, Ali and Abdul Rahman bin Awf(may Allah be pleased with them). Omar decreed that if agreement on the choice ofKhalif was not reached within three days the one whodisagrees should bebeheaded after the three day.●No one disputed this order, even though to kill someone without just cause isharam. And these six were not just anyone; they were the best of the companionswho had been promised paradise.●The agreement of the companions on this order is therefore an Islamic evidence forus that the Muslims are forbidden to be without a Khalif for more than three days
    • Evidences from Ulema● Imam al-Qurtubi said in his Tafseer of the verse, "Indeed, man is made upon this earth a Khaleefah" (TMQ 2:30)that:– "Haatheeh il-Aayatu asalun fee nasabi Imaamin wa Khaleefatin, yosmaoo lahu wa yotaau li-tajtamii bihi il-kalimatih, watonaffithu bihi ahkaam il-Khaleefah, wa laa khalaafu fee wajoobi thalik bayna al-Ummati wa laa bayn al-aimmah, illa maarawaya an il-Asam al-Mutazzili..."– "This Ayah is a source in the selection of an Imaam, and a Khaleefah, he is listened to and he is obeyed, for the word is unitedthrough him, and the Ahkam (laws) of the Khaleefah are implemented through him, and there is no difference regarding theobligation of that between the Ummah, nor between the Imams except what is narrated about al-Asam, the Mutazzili (a deviantgroup)...". (Tafseer ul-Qurtubi 264/1.)● Imam al-Qurturbi (rh.a.) also said, "The Khilafah is the pillar upon which other pillars rest".●Imam an-Nawawi (rh.a.) said,– "Ijmaoo alaa annahu yajib alal-Muslimeena nasabun Khaleefah".– "(The scholars) consented that it is an obligation upon the Muslims to select a Khaleefah".– (Sharhu Sahih Muslim page 205 vol 12)● Imaam al-Ghazali (rh.a.) when writing of the potential consequences of losing the Khilafah said,– "The judges will be suspeneded, the Wilayaat (provinces) will be nullified, ... the decrees of those in authority will not beexecuted and all the people will be on the verge of Haraam". (al Iqtisaad fil Itiqaad page 240.)
    • Evidences from Ulema● Ibn Taymiyyah (rh.a.) said,– "It is obligatory to know that the office in charge of commanding over the people (ie: the Khilafah post) is one of thegreatest obligations of the Deen. In fact, their is no establishment of the Deen except by it....this is the opinion of the salaf,such as al-Fadl ibn Iyaad, Ahmed ibn Hanbal and others". (Siyaasah Shariyyah - chapter: The obligation of adherence tothe leadership.)●Imam abu ul-Hasan al-Mawardi (rh.a.) said,– "The contract of the Imamah (leadership) for whoever is standing with it, is an obligation by Ijmaaa (consensus)". (al-Ahkam us-Sultaniyyah [Arabic] p 56.)●Imam Ahmed (rh.a.) said:– "The Fitna (mischief and tribuulations) occurs when there is no Imaam established over the affairs of the people".● Abu Hafs Umar al-Nasafi (rh.a.) a noted scholar of the 6th century Hijri states;– "The Muslims simply must have an Imam (Khaleefah), who will execute the rules, establish the Hudud (penal system),defend the frontiers, equip the armies, collect Zakah, punish those who rebel (against the state) and those who spy andhighwaymen, establish Jumah and the two Eids, settle the dispute among the servants (of Allah), accept the testimony ofwitnesses in matters of legal rights, give in marriage the young and the poor who have no family, and distribute the booty".
    • Evidences from Ulema● Imam Al-Juzayri, an expert on the Fiqh of the four great schools of thoughtsaid regarding the four Imams,– "The Imams (scholars of the four schools of thought- Shafii, Hanafi, Maliki,Hanbali)- may Allah have mercy on them- agree that the Imamah (Leadership) is anobligation, and that the Muslims must appoint an Imam who would implement thedeens rites, and give the oppressed justice against the oppressors". ("Fiqh ul-Mathahib ul- Arbaa" [the Fiqh of the four schools of thought], volume 5, page 416.)● Imam al-Haythami said,– "It is known that the Sahabah (r.a.h) consented that selecting the Imaam after theend of the era of Prophethood was an obligation (Wajib). Indeed they made it(more) important than the (other) obligations whilst they were busy with it over theburial of the Prophet (saw)". (al-Haythami in Sawaaiq ul-haraqah:17.)
    • THE OBLIGATION OF THERE BEING ONLYONE KHALIFAH FOR THE ENTIRE MUSLIMUMMAH:
    • Evidences from Ahadith● In the ahadeeth of the beloved Prophet (saw)– The Prophet (saw) said: "When the oath of allegiance hasbeen taken for two Khalifs, kill the latter of them". (Narrated inSahih Muslim by Said al-Khudri)● The Prophet (saw) also said:– "Whoso comes to you while your affairs has been unitedunder one man, intending to break your strength or dissolveyour unity, kill him." (Narrated in Sahih Muslim by Arfajah)
    • Ijmaa (consensus) of the Sahabah(r.a.)● It is in the books of "As-Sirah" of Ibnu Kathir, "Tarikh ut-Tabari" by at-Tabari, "Siratu Ibn Hisham" by Ibn Hisham,"As-Sunan ul-Kubra" of Bayhaqi, "Al-fasil-fil Milal" by Ibnu Hazim and "Al-Akd Al-Farid" of Al-Waqidi, that Al-Habbab Ibn ul-Munthir said when the Sahaba met in the wake of the death of the Prophet (SAW) (at the thaqifahall) of Bani Saida:● "Let there be one Amir from us and one Amir from you (meaning one from the Ansar and one from theMohajireen)". Upon this Abu Bakr replied: "It is forbidden for Muslims to have two Amirs (rulers)..." Then he gotup and addressed the Muslims.● It has additionally been reported in "as-Sirah" of Ibnu Ishaq that Abu Bakr went on to say on the day of Thaqifa:"It is forbidden for Muslims to have two Amirs for this would cause differences in their affairs and concepts, theirunity would be divided and disputes would break out amongst them. The Sunnah would then be abandoned, thebidaa (innovations) would spread and Fitna would grow, and that is in no ones interests".● The Sahabah (ra) agreed to this and selected Abu Bakr (ra) as their first Khalifah. Habbab ibn Mundhir (ra) whosuggested the idea of two Ameers corrected himself and was the first to give Abu Bakr the Bayaa (pledge ofallegiance). This indicates an Ijmaa of all of the Sahabah (ra) and thus is a divine source for us. Ali ibni abiTalib(ra), who was attending the body of the Prophet (saw) at the time, also consented to this.
    • Evidences from Ulema● Imam ash-Shawkaani wrote in his book "Tafseer al-Quran al-Atheem", volume 2, page 215: "It isknown from Islam by necessity (bi-dharoorah - i.e.: like prayer and fasting) that Islam has forbiddendivision amongst Muslims and the segregation of their land".● The well renowned Imam Hassan Al-Mawardi(ra) in his book "Al-ahkam Al-Sultaniyah" page 9 says:"It is forbidden for the Ummah to have two Imams (leaders) at the same time."●Imam An-Nawawi in his book "Mughni Al-Muhtaj", volume 4, page 132 says: "It is forbidden to givean oath to two Imams or more, even in different parts of the world and even if they are far apart".● He also stated in his book, "Sharhu Sahih Muslim" (explanation of Sahih Muslim) chapter 12 page231, "If a bayaa were taken for two Khalifahs one after the other, the bayaa of the first one wouldbe valid and it should be fulfilled and honoured whereas the bayaa of the second would be invalid,and it would be forbidden to honour it. This is the right opinion which the majority of scholars follow,and they agree that it would be forbidden to appoint two Khalifahs at one given time, no matter howgreat and extended the Islamic lands become".●
    • Evidences from Ulema● The Imam Ibnu Hazm in his book "Al-Muhalla", volume 4,page 360 says: "It is unlawful to have more than oneImam in the whole of the world".● Al-Imam Al-Juzieri, an expert on the Fiqh of the four greatschools of thought said regarding the four Imams, "...It isforbidden for Muslims to have two Imams in the worldwhether in agreement or discord." From: "Fiqh ul-Mathahib ul- Arbaa" (the fiqh of the four schools ofthought), volume 5, page 416.
    • Promises for Khilafah
    • Quran and Sunnah● "Allah has promised those amongst you who believe and work righteous deeds, that he willindeed grant them inheritance of power in the earth, as he granted it to those before them; thathe will establish in authority their Deen, which he has chosen for them, and that he will changetheir state from a state of fear into a state of security and peace. They will worship me alone andnot associate partners with me, and those who reject faith after this, they will be the rebelliousand the wicked" TMQ (an-Noor :55)● Imam Ahmed ibn Hanbal extracted that Huthayfah said the Messenger of Allah (saw) said:"TheProphecy will remain amongst you as long as Allah wills, then Allah will lift it when he wishes,then it will be a Khilafah Rashidah (i.e.: The first four Khalifahs) on the method of the Prophecy,it will remain for as long as Allah wills, then he will lift it when he wills, then it will be a hereditaryleadership (i.e.: the Abbasid and Ummayid dynasties etc.) for as long as Allah wills then he willlift it when he so wills. Then there will be a tyrannical rule (i.e.: all the current Kufr regimes of theMuslims) for as long as Allah wills, then he will lift it when he so wills, then there will be aKhilafah Rashidah on the method of the Prophecy, then he kept silent."●(Musnad Imam Ahmed 4/273)
    • Ahadith●and concerning the liberation of Masjid al-Aqsa from the Jews, the Prophet (saw) said,●● "Two Hijrahs will take place, and the latter will be to the place where your father Ibrahimmay peace be upon him had immigrated (i.e.: Palestine)"●Note: Hijrah occurs when Muslims emigrate from Kufr lands to the Islamic state.●● Imam Ahmed reported in his Musnad (5/35) that the Messenger (saw) said:●"If the people of as-sham (Palestine, Lebanon, Jordan, Syria) went astray then there wouldbe no goodness amongst you, but however there will continue to be a group supported frommy ummah, and they will not be bothered by those who disapproved until the day ofJudgement".
    • Some More Relevant Evidences
    • Quran● Have you (O Muhammad) seen him who has taken as his ilah (god) his own desire (Hawah)?Would you then be a Wakil (disposer of his affairs) over him? Or do you think that most of them hearor understand? They are only like cattle; nay, they are even farther astray from the Path.[TMQ: Al-Furqan: 43]●“Never will the Jews nor the Christians be pleased with you (O Muhammad [saw]) till you follow theirreligion. Say: Verily, the guidance of Allah that is the only guidance. And if you (O Muhammad [saw])were to follow their (Jews and Christians) desires after what you have received of the Knowledge,then you would have against Allah neither any Wali (protector) nor any helper.” [Al-Baqarah: 120]● “Whatever the Messenger brought to you take it, and whatever he forbade you, leave it.” [TMQ: Al-Hashr: 7]●“And We have sent down to you the Book (the Quran) as an exposition of everything, a guidance, amercy, and glad tidings to those who have submitted themselves to Allah.” [TMQ: An-Nahl: 89]
    • Quran●“It is not fitting for a believer, man or woman, when a matter has been decided by Allah andhis Messenger, to have any option about their decision.” [TMQ: Al-Ahzab: 36]●“This day, I have perfected your religion for you, completed My Favour upon you, andchosen for you Islam as your way of life (Deen).” [TMQ: Ma’idah: 3]●“And so judge (you O Muhammad) between them by what Allah has revealed and follownot their vain desires, but beware of them lest they turn you far away from the some of thatwhich Allah has sent down to you. ” [TMQ: Al- Ma’idah: 48]●“And beware that they might divert you away from anything that Allah has revealed to you”[TMQ: Al-Ma’idah: 49]●“Do they then seek the judgement of (the Days of) Ignorance (Jahiliyyah)? And who isbetter in judgement than Allah for a people who have firm belief ?” [TMQ: Al-Ma’idah: 50]
    • Quran● And let those who oppose the Messengers commandment beware,lest some affliction befall them or a painful torment be inflicted onthem.” [TMQ: An-Nur: 63]● “Indeed, judgement (Hukm) is only for Allah” [TMQ: Al-Anam: 75]● “Whatever it be wherein you differ, the decision thereof is with Allah.”[TMQ: Ash-Shura: 10]● “Nothing We have omitted from the Book.” [TMQ: Al-Anam: 38]
    • Quran● “Have you seen those (hypocrites) who claim that they believe in thatwhich has been sent down to you, and that which has been sent downbefore you, and they wish to go for judgement (in their disputes) to theTaghut (false judges) while they have been ordered to reject them? ButShaytan wishes to lead them far astray” [TMQ: An-Nisa: 60]● And whoever contradicts and opposes the Messenger after the right pathhas been shown clearly to him, and follows other than the believers way.We shall keep him in the path he has chosen, and burn him in Hell - whatan evil destination.” [TMQ: An-Nisa: 115]
    • Ahadith●Messenger of Allah said in the Hadeeth narrated by Bukhari– Whosoever does an action and it is not from our matter/Deen then it is rejected.● Narrated by Muslim that the Prophet said– Indeed I am only a human being like you. When I order you to do something fromthe matter of your Deen then take it. And when I order you about a thing from thematters of the world, I am but a human being.● It is narrated on the authority of Abd Allah b. Amr, who said: “I heard theMessenger of Allah say:– “He who pledged his Bai’ah to an Imam giving him the clasp of his hand and thefruit of his heart shall obey him as long as he can, and if another comes to disputewith him, you must strike the neck of that man.”
    • Ahadith●It is narrated by Ibn Abbas, who said that the Messenger of Allah said:– If anybody sees in his Amir something which displeases him, he should remain patient, for he whoseparates himself from the authority of Islam (Sultan) by even so much as a handspan and diesthereupon, he dies the death of the days of ignorance.●Ubaadah b. as-Saamit regarding Bai’ah, which said that:– “The Messenger of Allah invited us so we pledged our Bai’ah to him to hear and to obey, in weal andwoe, in ease and in hardship and evil circumstances and that we would not dispute with the peoplein authority, unless you witness flagrant Kufr of which you have a conclusive proof from Allah.”●Abdullah bin Omar reported: “I heard the Messenger of Allah say:– ‘Whoso takes off his hand from allegience (baya) to Allahwill meet him on the ressurrection daywithout having any proof for him, and whoso dies while there was no allegiance on his neck dies adeath of the days of ignorance (jahiliyyah).”’ [Muslim]
    • Ahadith● Umm Atiyyah narrated on the authority of Abu Saeed who said thatthe Messenger of Allah said:– “The best jihad is the word of truth spoken to a tyrant ruler.”●● And Abu Umaamah narrated that the Messenger of Allah answeredthe one who asked in him in Aqaba:“Which Jihaad is the best OMessenger● of Allah ?” He said:– ‘a word of truth spoken to a tyrant ruler.’”● He also said– “The master of martyrs is Hamza, and a man who stood up to a tyrant ruler toadvise him and was killed.”
    • Ahadith● Hisham bin Urwareported on the authority of Abey Saleh on the authority of AbuHurarahthat the Prophet said:– "Leaders will take charge of you after me, there the pious (one) will lead you with his piety andthe impious with his impiety, so listen to them and obey them in everything which conforms withthe truth. If they acted rightly it is to your credit, and if they acted wrongly it is counted for you andagainst them." [Al Mawerdy]● Muslim reported on the authority of al-Araj on the authority of Abu Hurarahthat theProphet said:– "Behold, the imam is but a shield from behind which the people fight and by which they protectthemselves."● Abdullah ibn Abbasreported that the Prophet said:– "If anyone sees in his amir something that displeases him let him remain patient, for behold! Hewho separates himself from the sultan (authority of islam) by even so much as a hand spand anddies thereupon he has dies the death of jahilyyah (days of ignorance)." [Al-Bukhari and Muslim.]
    • Ahadith● Auf bin Malik al Ashjayi reported on the authority of Muslim that the Prophet said:– "The best of your imams (leaders) are those whom you love and they love you and who pray for you and youpray for them, and the worst of your imams are those whom you hate and they hate you and you curse themand they curse you. We asked: o messenger of allah, shall we not then declare war on them. He said: no, aslong as they establish prayer among you." [Muslim]●● Abu Said al Khudri reported that the Prophet said:– "When oath of allegiance (Baya) has been taken for two khalifs, kill the latter of them." [Muslim]●● Abdullah bin Amr bin al-Ass reported that the Prophe said:– "Whoso pledged allegaince (baya) to an imam giving him he clasp of his hand and the fruit of his heart shallobey him as long as he can. If another comes to dispute with him, you must strike the neck of that man."[Muslim]● Arfajareported that the Messenger of Allah said:– "Whoso comes to you, while your affair has been united under one man, intending to divide your staff ordissolve your unity, kill him." [Muslim]
    • Conceptual Understanding to address Thinking
    • Ideology: Creed and SystemsSystemsCreedEvery Ideology hasa set offundamentalconcepts known as“Creed” from whichspecific Systemsemanate
    • Ideology: Creed and SystemsEconomicsystemEconomicsystemJudicialsystemJudicialsystemForeignPolicyForeignPolicySocialsystemSocialsystemEducationPolicyEducationPolicyRulingsystemRulingsystemCreedCreedThere are six systemsemanating from theCreed
    • Creed: A comprehensive idea about life andwhat is beyond itAfter LifeMan, Life, UniverseBefore LifeRelationship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 withwhatever is after life)?Relationship
    • SecularismOne canbelieve in life(s)after deathMan, Life, UniverseOne can believeIn a Creator(s)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 Creatorand 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 wouldbe defined by man himself rather than the Creator. The people’s representatives would decide, based on majority, as to how the society should organizeits affairs; how should people carry out economic, ruling and social transactions etc. Lawmakers should legislate upholding freedom, equalities and national interest.
    • Islamic AqeedahDay of JudgmentHeaven, HellMan, Life, UniverseAllahAccountabilityCommands of Allah 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 beingthe 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 Lifeand 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, which Herevealed through His messenger Muhammad (saw) in the Qur’an and in his (saw) Sunnah. Man’s motivation to follow Allah’s commands is the knowledge that he would be accounted on theDay of Judgement. A Muslim seeks the pleasure of Allah and strives for eternal paradise whilstsaving himself from Allah’s displeasure and Hellfire.
    • Capitalism: Extracting Systems from CreedSecularismFreedoms & Equalities Morality Interest & benefitEconomic Ruling Social Judicial EducationForeignPolicyMajority
    • Islam: Sources of LegislationAqeedahQur’an(Nass)Sunnah(Nass)Ijmaus-SahabaQiyas The primary sources ofLegislation are: Qur’an Sunnah There are two othersources indicated by theprimary sources Ijma us-Sahaba Qiyas with ‘illa Shariya
    • Evidences1. Ijtihad is derived from the root word Jahada. Linguistically, it means striving or self exertion in any activity whichentails a measure of hardship. As a juristic term, Ijtihad is the process of extracting Sharai Hukam from the sourcesof Shari’ah by exhausting all of one’s efforts in studying the problem at hand thoroughly along with the related ShariText. This is an utter misconception that Ijtihad is to pass a judgment purely based on Aql (mind) assuming thatQurn’an and Sunnah offer no ruling/solution for the issue at hand. The Prophet (SAW) said: “Allah does notremove 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 misledand will lead the Ummah astray.” (Bukhari & Ahmad) He (SAW) also said: “My Ummah will be divided into 70something 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 Fatwabased on his Aql without any evidence from the Shari’ah. Furthermore, Qur’an and Sunnah are not silent on ANYissue concerning man’s life as is claimed by the Qur’an itself. “We have revealed to you the Book as aclarification for all matters.” The Messenger of Allah (saw) said: “He who generates in our order (deen)something that is alien to it, it must be rejected.”(Muslim) The Messenger of Allah (saw) said: “The Hour shallnot come until my Ummah follows the ways of the nations before her, hand span to hand span and armlength to arm length”. Upon this they asked: “Such as the Persians and the Romans?” He (saw) replied:“Who else among people but them?” (Bukhari) This is clear prohibition to take anything related to systems andorganizations of relationship of man with his Creator, fellow human beings and himself from any other ideology,religion or philosophy. But this restriction doesn’t apply to science and technology as discussed in the noble Hadithof pollination of dates in which the Prophet (sallAllaho alayhi wasallam) said: “You are better acquainted with yourworldly affairs”. Imam Muslim has also reported this hadith from the Prophet (sallAllaho alayhi wasallam): “I ambut a human like you. Hence, if I ordered you something related to your Deen’s affairs, do take it and if Iordered you something related to your worldly affairs, then I am only human”. Here, the “Deen’s affairs” refersto economy, ruling, judiciary, etc. Whilst the “worldly affairs” refers to science and technology, such as theaforementioned case regarding the augmentation of dates.
    • Islam: Extracting Systems from CreedAqeedahQur’an Sunnah Ijma us-Sahaba QiyasEconomic Ruling Social Judicial EducationForeignPolicyIjtihad 1(Only for Zanni text)
    • Ideology: Creed and Systems Every Ideology organizes threerelationship of man Man with Creator Man with Man Man with himselfCreatorMan ManIbadatMuamilatAkhlaq
    • Relationship with the CreatorPrayingFastingHajjZakatTahajudRecitation of Qur’anNawafilCreatorManIbadat
    • Relationship with other HumanBeingsMan ManMu’amilat(In private and in Public) Husband and wife (Nikah) Buyer and seller Ruler and Ruled Ahkamaat related to Partnership Prohibition of forcibly convertingnon-Muslims Not killing women and childrenduring Jihad Pacts and treaties Prohibition of owning publicproperty Taxation Dress Code in public Rules related to inheritance andCustody
    • Relationship with oneself 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 responsibleManRules related to•Malboosat (dress code)•Mat’omat (foodstuff)•Akhlaqiyat (morals)
    • Evidences1. Allah (SWT) says in Qur’an "Behold! In the creation of the heavens and the earth, and the alteration ofnight and day, these are indeed signs for men of understanding." [TMQ - 3:190] And in Surat Ar-Rum,"And of His signs is the creation of the heavens and the earth, and the difference of your languagesand colours. Lo! herein indeed are signs for men of knowledge." [TMQ - 30:22] And in Surat Al-Ghashiya, "Will they not look at the Camels, how they are created! And the heaven, how it is raised!And the mountains, how they are set up! And the earth, how it is spread!" [TMQ - 88:17-20] And inSurat Al-Tariq, "So let man reflect from what he is created. He is created from a gushing fluid, that isissued from between the loins and ribs." [TMQ - 86:5-7] And in Surat Al-Baqara, "Lo in the creation ofthe heavens and the earth, and the difference of night and day, and the ships which run upon thesea with that which is of use to men, and the water which Allah sends down from the sky, therebyreviving the earth after its death, and dispersing all kinds of beasts therein, and in the ordinance ofthe winds, and the clouds obedient between heaven and earth are signs (of Allahs sovereignty) forpeople who have sense." [TMQ - 2:164] In addition, there are so many Ayat that call upon man to ponderdeeply upon things and their surroundings and that which is related to them, so that his belief in Allah isfirmly established through reason and clear evidence.
    • Ideology: Creed and SystemsKhilafah Capitalism Islam obliges the Muslim to use hismind to believe in Allah and forbidsimitation in Aqeedah. Islam calls to look deeply in the universeto understand its law and to be guidedto the belief in the existence of aCreator 1 Secularism is not based on mind rather it isbuilt on a compromise between the Clergyand the Philosophers Instead of coming up with a rationallycorrect conclusion of the questionssecularism compels man not to discuss theissue that if there is a Creator and does Hehave any relationship with this life, rathersettles it by finding a middle path in theform of a compromised solution Hence Islam trains a Muslim to always look for the correct solutionirrespective of the odds against him and not to compromise on principles forperceived worldly benefits. This produces a society with high moral valuesseeking the truth (Haq) Capitalism guides its adherents to seek a compromised solution in their life’saffairs as well, rather than the correct solution. This is why we hear quitefrequently 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 creedfrom which all the systems emanate and it is the creed which provides theintellectual basis on which all thoughts are build. Islamic Aqeedah is the onlycorrect creed since it is the only creed which convinces the mind
    • Evidences1. When deriving Islamic economic, ruling system etc, we should limit ourselves only to the Shari sources likeQur’an, Sunnah, Ijmah-us-Sahaba and Qiyas and should not accept any law from any other religion orideology such as Socialism or Capitalism etc. by saying that Islam is silent upon this matter. Allah(subhanahu wa ta’ala) says in the Holy Qur’an: “We have revealed to you the Book as a clarification forall matters.” And Rasululllah (sallAllaho alayhi wasallam) said: “Whosoever introduces into our matter(deen) a matter (law) that is not from this matter (deen), then this (law) is rejected.” And he (sallAllahoalayhi wasallam) said, “Whosoever undertakes an action that is not from our matter, then this (action)is rejected.”2. As far as technologies and tangible objects are concerned, their nature is different from the laws andsystems. Hence, sharia’h allows their use and adoption from any people unless it violates the limits laiddown by the Sharia’h e.g. the use of airplanes is allowed, whilst the cloning of humans is rejected due to itconflicting with the Qur’an, but cloning is permitted in plants and animals. Ordinarily technology and objectsare not specific to any ideology or religion, but if this were so then their adoption is also Haram, as is thecase with idols and the cross. We find the evidence for this principle from the famous Hadith regarding theaugmentation of dates in which the Prophet (sallAllaho alayhi wasallam) said: “You are better acquaintedwith your worldly affairs”. Imam Muslim has also reported this hadith from the Prophet (sallAllaho alayhiwasallam): “I am but a human like you. Hence, if I ordered you something related to your Deen’saffairs, do take it and if I ordered you something related to your worldly affairs, then I am onlyhuman”. Here, the “Deen’s affairs” refers to economy, ruling, judiciary, in short all aspects related to man’srelationship with his Creator, fellow human beings and himself. Whilst the “worldly affairs” refers to scienceand technology, such as the aforementioned case regarding the augmentation of dates
    • Adopting from other Ideologies and CivilizationsThere is a difference between the thoughts related to Aqeedahmatters i.e. doctrines and Shari’ah rules, and the thoughts related tosciences, techniques, industries and the likeWe are not allowed to take Aqeedah matters as well as laws andprinciples related to systems and view point towards life from anyother system, ideology or civilization. Thoughts such as democracy,privatization of public resources, freedom of expression etc are not tobe taken as Allah has given us clear and precise Shari’ah rules in allthe above matters.1We can adopt administrative means and styles as Umar (ra) adoptedthe system of Diwan from the RomansWe are allowed to adopt and learn anything related to science andtechnology or use tangible objects such as tanks, airplanes etc. aslong as it doesn’t contradict Shai’ah rules2
    • Process oflegislation
    • Ruling System:Process of decision making in a household1Should the childrenDrink alcoholIn a Home2Which Cardiologistshould the motherbe taken to3Where should thefamily spend thesummer vacation
    • Ruling System:Process of decision making in a householdQuestion # 1: The matter is not up for debate or discussion. Allah hasalready decreed alcohol to be Haram. Hence it is unlawful for the father toask family members opinion for allowing or disallowing itQuestion # 2: The father can take suggestions from the members of thefamily who are knowledgeable as Allah has made this matter Mubah for us tochose. Hence the father can take suggestions from his Doctor son or hereducated daughter. But he would avoid discussing the matter with his un-educated son or his young child who don’t have substantial knowledge in theissue. After this consultation he reserves the right to make a decision whathe feel is good for the familyQuestion # 3: In this matter the father can have a voting and follow themajority decision. As every member is capable of making this simpledecision and Allah has allowed Muslims to chose any halal recreation
    • Ruling System:Process of decision making in a StateLegislative DecisionMakingMubah IssuesMubah Issuesin which Ummah’srepresentativesare generallyknowledgeableMubah Issueswhichneed expertiseand insightIn a State
    • Ruling System:Process of decision making in a StateLegislative DecisionMaking
    • Ruling System:Legislative Decision makingKhilafah DemocracyNo one is allowed to legislate except Allah1 Allah’s laws are automatically the law of theland. Khaleefah does not have any choice butto implement them nor do they requireendorsement by the majority of therepresentatives to become the law of the land.2 The Khaleefah implements Allah’s lawsderived only from Qur’an, Sunnah, Ijma as-Sahaba and Qiyas, through the process ofIjtehad. The Khaleefah’s personal choice or the whimsof the majority of the Majlis-e-Ummah bearsno weight in the process of Ijtehad.The people are the origin of the Law People are led to believe that sovereigntybelongs to Allah but actually the will of themajority prevails. For implementation of Shari’ah, Allah’s lawsare to be produced before therepresentatives in the form of a bill whohave the choice to accept or reject. Hence practically Creator’s laws needapproval of the creation to become the lawof the land. Hence we hear terminologiessuch as ‘Shari’ah bill’ etc.
    • Evidences‫ه‬ِ ‫ل‬َّ ‫ل‬ِ ‫إل‬ِ ‫م‬ُ ‫ك‬ْ ‫ح‬ُ ‫ل‬ْ ‫ا‬ ‫ن‬ِ ‫إ‬ِ"Verily, Ruling is only for Allah" [Yusaf: 40]‫ن‬َ ‫عو‬ُ ‫ج‬َ ‫ر‬ْ ‫ت‬ُ ‫ه‬ِ ‫ي‬ْ ‫ل‬َ ‫إ‬ِ ‫و‬َ ‫م‬ُ ‫ك‬ْ ‫ح‬ُ ‫ل‬ْ ‫ا‬ ‫ه‬ُ ‫ل‬َ"The judgment is His, and to Him you shall return." [28:88]‫ن‬َ ‫رو‬ُ ‫ف‬ِ ‫كا‬َ ‫ل‬ْ ‫ا‬ ‫م‬ُ ‫ه‬ُ ‫ك‬َ ‫ئ‬ِ ‫ل‬َ ‫أو‬ُ ‫ف‬َ ‫ه‬ُ ‫ل‬َّ ‫ال‬ ‫ل‬َ ‫ز‬َ ‫ن‬ْ ‫أ‬َ ‫ما‬َ ‫ب‬ِ ‫م‬ْ ‫ك‬ُ ‫ح‬ْ ‫ي‬َ ‫م‬ْ ‫ل‬َ ‫ن‬ْ ‫م‬َ ‫و‬َThose who do not judge by what Allah hath revealed, They are the Unbelievers [5:44]‫ق‬ِّ ‫ح‬َ ‫ل‬ْ ‫ا‬ ‫ن‬َ ‫م‬ِ ‫ك‬َ ‫ء‬َ ‫جا‬َ ‫ما‬َّ ‫ع‬َ ‫م‬ْ ‫ه‬ُ ‫ء‬َ ‫وا‬َ ‫ه‬ْ ‫أ‬َ ‫ع‬ْ ‫ب‬ِ ‫ت‬َّ ‫ت‬َ ‫ول‬َ ‫ه‬ُ ‫ل‬َّ ‫ال‬ ‫ل‬َ ‫ز‬َ ‫ن‬ْ ‫أ‬َ ‫ما‬َ ‫ب‬ِ ‫م‬ْ ‫ه‬ُ ‫ن‬َ ‫ي‬ْ ‫ب‬َ ‫م‬ْ ‫ك‬ُ ‫ح‬ْ ‫فا‬َSo judge between them by what Allah hath revealed, and follow not their vain desires, diverging from the truth thathath come to thee [5:48]‫ما‬ً ‫لي‬ِ ‫س‬ْ ‫ت‬َ ‫موا‬ُ ‫ل‬ِّ ‫س‬َ ‫ي‬ُ ‫و‬َ ‫ت‬َ ‫ي‬ْ ‫ض‬َ ‫ق‬َ ‫ما‬َّ ‫م‬ِ ‫جا‬ً ‫ر‬َ ‫ح‬َ ‫م‬ْ ‫ه‬ِ ‫س‬ِ ‫ف‬ُ ‫ن‬ْ ‫أ‬َ ‫في‬ِ ‫دوا‬ُ ‫ج‬ِ ‫ي‬َ ‫ل‬ ‫م‬َّ ‫ث‬ُ ‫م‬ْ ‫ه‬ُ ‫ن‬َ ‫ي‬ْ ‫ب‬َ ‫ر‬َ ‫ج‬َ ‫ش‬َ ‫ما‬َ ‫في‬ِ ‫ك‬َ ‫مو‬ُ ‫ك‬ِّ ‫ح‬َ ‫ي‬ُ ‫تى‬َّ ‫ح‬َ ‫ن‬َ ‫نو‬ُ ‫م‬ِ ‫ؤ‬ْ ‫ي‬ُ ‫ل‬ ‫ك‬َ ‫ب‬ِّ ‫ر‬َ ‫و‬َ ‫فل‬َBut no, by the Lord, They can have no (real) Faith, until They make Thee judge In all disputes between them, andfind In their souls no resistance against Thy decisions, but Accept them with the fullest conviction. [4:65]‫ه‬ُ ‫ل‬َ ‫سو‬ُ ‫ر‬َ ‫و‬َ ‫ه‬َ ‫ل‬َّ ‫ال‬ ‫ص‬ِ ‫ع‬ْ ‫ي‬َ ‫ن‬ْ ‫م‬َ ‫و‬َ ‫م‬ْ ‫ه‬ِ ‫ر‬ِ ‫م‬ْ ‫أ‬َ ‫ن‬ْ ‫م‬ِ ‫ة‬ُ ‫ر‬َ ‫ي‬َ ‫خ‬ِ ‫ل‬ْ ‫ا‬ ‫م‬ُ ‫ه‬ُ ‫ل‬َ ‫ن‬َ ‫كو‬ُ ‫ي‬َ ‫ن‬ْ ‫أ‬َ ‫را‬ً ‫م‬ْ ‫أ‬َ ‫ه‬ُ ‫ل‬ُ ‫سو‬ُ ‫ر‬َ ‫و‬َ ‫ه‬ُ ‫ل‬َّ ‫ال‬ ‫ضى‬َ ‫ق‬َ ‫ذا‬َ ‫إ‬ِ ‫ة‬ٍ ‫ن‬َ ‫م‬ِ ‫ؤ‬ْ ‫م‬ُ ‫ول‬َ ‫ن‬ٍ ‫م‬ِ ‫ؤ‬ْ ‫م‬ُ ‫ل‬ِ ‫ن‬َ ‫كا‬َ ‫ما‬َ ‫و‬َ‫نا‬ً ‫بي‬ِ ‫م‬ُ ‫ضلل‬َ ‫ل‬َّ ‫ض‬َ ‫د‬ْ ‫ق‬َ ‫ف‬َIt is not fitting for a Believer, men or women, when a matter has been decided by Allah and His Messenger to haveany option about their decision [33:36]
    • Evidences2. For those who think that consultation should be on all matters sighting the ayah: " And do consult them inthe matter…” [Al-’Imran: 159] we say that duties (Wajibaat), and prohibitions (Muharramaat) and the divinerules explained by the Shara and specifically stated by it, have no place for human opinions and there is noscope for consulting about them.“It is not for the believer (male or female) that when Allah and His Messenger have decided a matter thatthey 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 bewarethat 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. Democraticprocess of legislation which is based on majority votes of the representatives, is a kufr concept, completelyalien to Islam.
    • 1. Consultation is the right of the Ummah and Allah has recommended the ruler that he consults the people inrunning the affairs of the State. But consultation (Shura) deosn’t mean that its majority opinion has to bebinding on the Khaleefah. The Ayah which encourages Shura (consultation) gives the final verdict to theMessenger i.e. the ruler of the state.‫ه‬ِ ‫ل‬َّ ‫ال‬ ‫لى‬َ ‫ع‬َ ‫ل‬ْ ‫ك‬َّ ‫و‬َ ‫ت‬َ ‫ف‬َ ‫ت‬َ ‫م‬ْ ‫ز‬َ ‫ع‬َ ‫ذا‬َ ‫إ‬ِ ‫ف‬َ ‫ر‬ِ ‫م‬ْ ‫الأ‬ ‫في‬ِ ‫م‬ْ ‫ه‬ُ ‫ر‬ْ ‫و‬ِ ‫شا‬َ ‫و‬َAnd consult them In affairs, then, when you have taken a decision put Thy trust In Allah (Al-Imran: 159)2. The Messenger of Allah (saaw) rejected the overwhelming majority of the Sahabah on the day of Hudaibiyaand 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 makeme the loser.”This shows that when it comes to Hukam of Allah majority has no bearing. So Allah’s laws do not needmajority endorsement to become the law of the land.3. Abu Bakr (ra) fought the apostates as well as those who refused to pay Zakah and sent Osama (ra) army tofight the Romans all at the same time, rejecting the unanimous opinion of the Sahaba who opposed takingall these expeditions at once. This shows that the majority opinion of the Sahabah was not binding on theKhaleefah i.e. Abu Bakr (ra) and he implemented his opinion rejecting the majority.4. Similar situation was seen when Omar (ra) implemented his opinion of levying Kharaj on the lands of Iraqrejecting Bilal (ra) and the opinion of a number of Sahabah.Ruling System:In Khilafah majority is not always authority
    • Ruling System:ImplicationsSince the Khaleefah doesn’t have any legislative powers he cannot beblackmailed or pressurized to make laws by the Majlis-e-Ummah, lobbies ormasses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 thelegislators or the interest of their colonial masters.In democracy people’s taxes and lives are used to secure the interests of thecorrupted 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
    • Ruling System:Legislation of Allah is applicable even todayCreatorMan ManIbadatMuamilatAkhlaqLaws related to organizingMan’s three relationships arenot up for debate or discussionMan with CreatorMan with ManMan with himselfThese laws do not change withtime and space. HenceShariyah is for all times
    • Ruling System:Process of decision making in a StateLegislative DecisionMakingMubah IssuesMubah Issuesin which Ummah’srepresentativesare generallyknowledgeableMubah Issueswhichneed expertiseand insightIn a State
    • Ruling System:Process of decision making in a StateMubah IssuesMubah Issuesin which Ummah’srepresentativesare generallyknowledgeableMubah Issueswhichneed expertiseand insight
    • Ruling System:Administrative Laws and Implementation detailsKhilafah DemocracyA) Mubah Issues about which Ummah isgenerally knowledgeable and expert opinion isnot needed:Majority opinion of the representatives of theUmmah is binding on the Khaleefah.B) Mubah Issues which needs expertise andinsight:After consultations with the experts and people ofinsight Khaleefah makes the final decision. He isnot bound by the majority opinion of the expertsrather he would look for the strongest opinion. Forexample to deal with water crisis, should thegovernment build four small water dams or justone big dam. The representatives of the Ummah can account himand ask for justification but their majority opinionis not binding.A) Mubah Issues about which Ummahis generally knowledgeable:People’s representatives to decide whatis good for them.B) Mubah Issues which needsexpertise and insight:The Cabinet makes strategic decisionsbut the parliament has the right tooverrule them by voting against it.
    • EvidencesCategory A:This view is derived from the Messenger’s adherence to the majority opinion to leaveMadinah to confront the Mushrikeen army at the Battle of Uhud, although his opinionand those of senior Sahabah was to stay in Medinah and not to go out. It is alsoderived from his saying to Abu Bakr and ‘Umar. “Had you agreed together on aconsulted matter I would have not disagreed with you.” [Narrated by Ahmed fromIbnu Ghanam bin Al- Ash’ari]Category B:On the day of Badr the Messenger of Allah (saaw) consulted an expert of warHabab bin Al-Munthir (ra) in choosing the place of the Battle of Badr. Heaccepted his opinion and implemented it without even consideringconsultation with other great Sahaba.
    • Ruling System:ImplicationsThe Ummah’s representatives provide positive input that helps smoothrunning of the stateTaking majority opinion who are not experts in the issue is senseless. Henceonly experts are consulted and final decision rests with the elected KhaleefahIn Khilafah, matters concerning the well being of the society that requirestechnical expertise cannot be politicised by political parties by manipulatingthe ignorance of the common people
    • Ruling System:Example of Decision making in KhilafahShould Oil and gaswells be privatizedAdministrative LawsandImplementation detailsShould the Nuclearreactor be builtat ChashmaShould the statefirst build motorwayor fix thesewage systemIn a State
    • Decision making in Autocracy(dictatorship of an individual)Decision makingLegislative Mubah(General issues)Mubah(needing expertise)Economic Ruling Social Judicial EducationForeignPolicyThe rulerThe rulerThe ruler
    • Decision making in Democracy(dictatorship of an elite group)Decision makingLegislative Mubah(General issues)Mubah(needing expertise)Economic Ruling Social Judicial EducationForeignPolicyElite GroupElite GroupElite Group
    • Decision making in KhilafahDecision makingLegislative Mubah(General issues)Mubah(needing expertise)Economic Ruling Social JudicialEducationPolicyForeignPolicyKhaleefahis finalauthorityafterdiscussingwithexpertsPeopleThrough theirrepresentativesdecide based onmajorityAllah’s AhkamAre implementedderived from thesources, Qur’an,Sunnah, Ijma usSahabaQiyas
    • Ruling System:Islamic Democracy: The biggest hurdle in implementation of IslamNo law is enacted even in an “Islamic Democracy” without the consent of themajority.Hence Allah’s Hukam becomes law of the land subject to the endorsement ofmore than 50%Riba is legal in Pakistan even though there is a clear Hukam of Allah justbecause the legislators in the parliament have not made it Haram. Thisshows 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 sayonce Allah has legislated a matter‫ن‬ْ ‫م‬ِ ‫ة‬ُ ‫ر‬َ ‫ي‬َ ‫خ‬ِ ‫ل‬ْ ‫ا‬ ‫م‬ُ ‫ه‬ُ ‫ل‬َ ‫ن‬َ ‫كو‬ُ ‫ي‬َ ‫ن‬ْ ‫أ‬َ ‫را‬ً ‫م‬ْ ‫أ‬َ ‫ه‬ُ ‫ل‬ُ ‫سو‬ُ ‫ر‬َ ‫و‬َ ‫ه‬ُ ‫ل‬َّ ‫ال‬ ‫ضى‬َ ‫ق‬َ ‫ذا‬َ ‫إ‬ِ ‫ة‬ٍ ‫ن‬َ ‫م‬ِ ‫ؤ‬ْ ‫م‬ُ ‫ول‬َ ‫ن‬ٍ ‫م‬ِ ‫ؤ‬ْ ‫م‬ُ ‫ل‬ِ ‫ن‬َ ‫كا‬َ ‫ما‬َ ‫و‬َ‫نا‬ً ‫بي‬ِ ‫م‬ُ ‫ضلل‬َ ‫ل‬َّ ‫ض‬َ ‫د‬ْ ‫ق‬َ ‫ف‬َ ‫ه‬ُ ‫ل‬َ ‫سو‬ُ ‫ر‬َ ‫و‬َ ‫ه‬َ ‫ل‬َّ ‫ال‬ ‫ص‬ِ ‫ع‬ْ ‫ي‬َ ‫ن‬ْ ‫م‬َ ‫و‬َ ‫م‬ْ ‫ه‬ِ ‫ر‬ِ ‫م‬ْ ‫أ‬َIt is not fitting for a Believer, men or women, when a matter has been decided by Allah and HisMessenger to have any option about their decision
    • Ruling System:Pakistan’s Constitution is a Secular ConstitutionArticle 227 of 1973 Constitution of Pakistan which is sited to prove that thisConstitution is Islamic, states: “No Law shall be enacted which is repugnant tosuch injunctions [i.e. Islamic injunctions]“Afghanistan and Iraqi constitution, which is drafted by none other than theAmericans 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" (IraqsConstitution: 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 theparliamentarians to enact laws from other than Qur’an and Sunnah and do notrestrict them only to Shari’ sources. Hence it is up to the people to provewhether these are repugnance to Islam or not.The correct legal clause should be: "Legislation cannot be taken from anysource other than Quran, Sunnah, Ijma-e-Sahaba and Qiyas"
    • Ruling System:Appointment of the RulerKhilafah DemocracyKhaleefah must have sevenconditionsMuslimSaneFreeMaleMature (Baligh)Adl (opposite of fasiq)Is capable of ruling (Qadir)The Khaleefah is appointed eitherby the people directly or throughtheir representativesThe ruler should have qualificationas pronounced by article 62 & 63 ofthe constitutionMuslimMatureGraduateGood Muslim etc.People elect the parliament which inturn elects the Prime Ministerthrough voting
    • Ruling System:Law making - the actual cause of corruptionKhilafah DemocracyPolitical system gets cleaned fromcorrupt people The representatives cannot use thesystem to cover up their corruption bylegislating laws for their own interests “Professional politicians” find no reasonto invest millions as the job of therepresentative is to be serving theUmmah rather than a source of moneymaking and exerting power Corrupt people are attracted towardspolitics like bees towards nectar The process of law making givesparliamentarians the authority to makelaws to not only protect their interestsrather legitimize their corruption “Professional politicians” invest millions ofrupees in elections and rear “Gangs”, tokeep sincere people out of the politicalarena Once in power, the corrupt entourage of these “Professional Politicians”i.e. the local “Gangs” become untouchables, free to take “bribes” andkidnap for ransom Hence democracy is the actual source of corruption in the society. Itstarts from the politicians at the top and goes all they way to thebottom with local “Gangs” who have the protection and backing ofthese politicians and Govt. institutions
    • Ruling System:Political EnvironmentKhilafah DemocracyIslam obliges every individual to bepolitically aware. This produces apolitical environment which keepsthe ruler in check.It is achieved through followingmeansMultiple Political partiesMediaEducation systemNobody is barred from politicalactivityNobody is allowed to make partiesor organizations from basis otherthan IslamIn democracy one is not obliged tobe politically aware.Certain cross-sections areprohibited from participating inPoliticsAll civil servantsStudentsTeachers
    • Ruling System:Rules regarding Political PartiesKhilafah DemocracyNo permission required to establish politicalparties, rather it is Fard Kafaya to establish itThere is no such thing as ruling party oropposition partyEvery political party gives allegiance to theKhaleefah and is required to obey him in privateand public as long as he rules by Islam.Every party has the right to voice her opinion andwork to build public opinion for itIt is obligated (Fard) for every political party toaccount the ruler and build awareness and buildpublic opinion against the unjust acts of the rulerPolitical parties are not allowed to destabilise orweaken the authority of the Khaleefah as long ashe is implementing IslamPolitical parties are responsible in maintainingpublic opinion for the implementation of Islam andstrengthening the systemThere is a rulingparty/coalition and anopposition.The opposition worksto remove thegovernment throughconstitutional meansi.e. No-confidence vote,or extra-constitutionalmeans like agitation,civil disobedience,strikes.Political party mayaccount the ruler orchose to keep quietunder the principal of“freedom ofexpression”
    • Ruling System:Political StructureKhilafah 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’saffairs)Bait ul-mal (the state treasury)MediaMajlis al-UmmahInstitutions of ParliamentaryDemocracyExecutivePrime MinisterCabinetGovernorsCivil Servants & BureaucracyLegislatureNational AssemblySenateJudiciary
    • Ruling System:Political Hierarchy (Flow Chart)Khaleefah• Elected directly by the UmmahOr• By Muslim members ofMajlis-e-UmmahAmeerAl-JihadJudiciaryDelegatedAssistantForeign AffairsInternal AffairsMilitaryThe Industry• Has allpowers ofruling like theKhaleefah• Has to reportto Khaleefahafter takingan action.• His ruling cannot contradictthe adoptionof Khaleefah• Only hasexecutivepowers• No rulingpowers• Implementsrulings of theKhaleefahand bringshim feedbackfrom theUmmahExecutiveAssistantThe StateDepartments• Three types ofqadies, QadhiAam, QadhiMohtasib, QadhiMazalim• Qadhi Mazalimcan impeachthe Khaleefah.During thehearing theKhaleefahcannot removethe QadhiGovernors• Appointed bythe Khaleefah• Assists theKhaleefah inruling andimplementingIslam in theprovince• Distributesincome topublic andcollects fundsfor the State• A body of thepeople whichexecutes theIslamic State’sorders• Motor vehicledept.• ZakahCollectiondept.• Marriage anddivorce dept.• And othersMajlis-e-Ummah• Elected by the people to represent them• Short lists nominees for Khaleefah• Scrutinize newly adopted laws anddecision of the Khaleefah• Make the Khaleefah change the WaliesAllCitizens ofKhilafah• Ameer Al-Jihadheads all theabovedepartments