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The Institutions of State in the Khilafah TThhee IInnssttiittuuttiioonnss ooff SSttaattee iinn tthhee KKhhiillaaffaahh In Ruling and Administration (A translation of Ajhiza Dawlat-al-Khilafah ) Hizb ut-Tahrir TThhee IInnssttiittuuttiioonnss ooff SSttaattee iinn tthhee KKhhiillaaffaahh (In Ruling and Administration) Hizb ut-Tahrir 1 The Institutions of State in the Khilafah (In Ruling and Administration) This book is issued and adopted By Hizb ut-Tahrir First Edition in Arabic 1426 H – 2005 CE Dar ul-Ummah For printing, publication and distribution Post Office 135190 Beirut – Lebanon For authentic meanings please refer to Arabic text 2 Hizb ut-Tahrir Hizb ut-Tahrir is a global Islamic political party that was established in 1953 under the leadership of its founder - the scholar, political thinker and judge in the Court of Appeals in al-Quds (Jerusalem), Taqiuddin an-Nabhani. Hizb ut-Tahrir global leadership is currently headed by Ata’ Abu Rashta. In the Muslim world, Hizb ut-Tahrir works at all levels of society to bring the Muslims back to living an Islamic way of life under the shade of the Khilafah (Caliphate) State following an exclusively political method. Hizb ut-Tahrir adopts the methodology employed by the Prophet Muhammad (peace be upon him) when he established the first Islamic State in Madinah. The Prophet Muhammad limited his struggle for the establishment of the Islamic State to intellectual and political work. He established this Islamic state without resorting to violence. He worked to mobilise public opinion in favour of Islam and endeavoured to sway the political and intellectual elites of the time. Despite the persecution and boycott of the Prophet Muhammad and the early Muslims, they never resorted to violence. The party is therefore proactive in disseminating the Islamic intellectual and political thoughts widely in Muslim societies so as to challenge the existing status quo that exists there. The party presents Islam as a comprehensive way of life that is capable of managing the affairs of state and society. The party also expresses its views on political events and analyses them from an Islamic perspective. The party disseminates its thoughts through discussion with the masses, study circles, lectures, seminars, leaflet distribution, publishing books and magazines and via the Internet. We encourage people to attend our demonstrations, marches and vigils. In the West, Hizb ut-Tahrir works to cultivate a Muslim community that lives by Islam in thought and deed, adhering to the rules of Islam and preserving a strong Islamic identity. The party does not work in the West to change the system of government. The party also works to project a positive image of Islam to Western society and engages in dialogue with Western thinkers, policymakers and academics. Western governments, under the banner of the War on Terror, are currently working to present Islam as an ‘evil ideology’. Indeed at the heart of this campaign is to malign the Islamic ideology as an alternative to Western liberal capitalism. Because of this propaganda aspect to the War on Terror, Hizb ut-Tahrir works to develop opinion about Islam in the Western countries, as a belief, ideology and alternative for the Muslim world. Contact details: Hizb ut-Tahrir Britain Suite 301 28 Old Brompton Road London SW7 3SS http://www.hizb.org.uk [email protected] 3 Contents Forward Introduction The Instutions of State in the Khilafah (in ruling and administration) The Khalifah o The title o Conditions of the Khalifah o Necessary conditions o Preferred conditions o The method of appointing the Khalifah o Practical measures taken for the Khalifah’s appointment and bay’ah o The provisional Khalifah o The nominees’ shortlist o The method of bay’ah o The Khilafah’s unity o The Khalifah’s mandatory powers o The Khalifah is restricted to the Shari’ah rules regarding adoption (enacting of laws) o The Khilafah state is a human not a theological state o The time term of the Khalifah o The dismissal of the Khalifah o The time limit for the appointment of a Khalifah The delegated assistants ( mu’awin al-tafwid) o The conditions of the delegated assistants o The mandatory powers of the delegated assistants o The appointment and dismissal of the delegated assistants The executive assistants ( mu’awin al-tanfidh ) The governors ( wulah ) o Examining the activities of the governors Jihad o Firstly: The army o Secondly: The internal security o Thirdly: The industry o Fourthly: The international relations o Fifthly: Amir of Jihad – War department (The army) o The army divisions o The Khalifah is the army’s leader o Sixthly: The Internal Security 4 o Seventhly: The Foreign Affairs o Eighthly: The Industry The Judiciary o The types of judges o The conditions of the judges o The appointment of the judges o The judges’ means of living o The formations of the tribunals o Al-muhtasib o The mandatory powers of al-muhtasib o The Judge of al-Mazalim (grievances) o The appointment and dismissal of the judges of al-Mazalim o The mandatory powers of the judges of al-Mazalim o The contracts, transactions and court verdicts before the establishment of the Khilafah The administration system (the people’s affairs) o The administrative system is a style of management not ruling o The policy of affairs management o Those who are eligible to be civil servants Bayt al-mal (the state treasury) I’lam (the information) o The authorization of forms of media o The information policy of the state The Ummah’s council ( shura and Accounting) o The right of shura o The duty of taking to task o The election of the members of the Ummah’s council o The method of electing members of the Ummah’s council o The membership in the Ummah’s council o The term of membership in the Ummah’s council o The mandatory powers of the Ummah’s council o The right of expression and voicing an opinion without impediment The Flags and Banners The Anthem of the Khilafah State 5 ِِْ اِّ اَْ ِ اِِ Forward Praise be to Allah, and prayers and peace be upon the Messenger of Allah, his household, his companions and those who followed them. :says ( و ) Allah َوَ#َ* اُ اِ()َ 'َ&ُ"ا ِ&ُ%ْ َوَ#ِ ُ"ا ا!َِ ِت ََََُِْْ ِ اَْرِْض َآَ ا4َْ3ََْ اِ()َ ِ& 12َِِْْ وَََُ 0%َ َُْ ِد)َُُ اِ(ي ارَْ-َ,+ َُ ْ َو01ََُ*َُ 0& َ>ِْ* َ<"ِِْْ َأ&ًْ َ)>1ُُْ*وَ;ِ َ ُ):ُِْآ"َن ِ 7ًْ8َ َوَ& َآََ َ>َْ* َذAَِ َُوAَ7َِْ ُهُ اَْ4ُِ?"َن (Allah has promised, to those among you who believe and work righteous deeds, that He will, of a surety, grant them in the land, inheritance (of power), as He granted it to those before them; that He will establish in authority their religion, the one which He has chosen for them; and that He will change (their state), after the fear in which they (lived), to one of security and peace: `They will worship Me (alone) and not associate aught with Me.' If any do reject Faith after this, they are rebellious and wicked .) [TMQ 24: 55]. :D ) said+ اC # و' وThe Messenger of Allah ( 4 "The Prophethood will last among you till Allah wishes it to last, and then Allah will raise it up. Afterwards there will be a Khilafah according to the way of the Prophethood so long as Allah wishes it to last, and then Allah will raise it up. Afterwards there will be a self supporting rule and it will last so long as Allah wishes it to last, and then Allah will raise it up. Afterwards there will be an oppressive rule, and it will last as long as Allah wishes it to last, and then Allah will raise it up. And then there will be a Khilafah according to the way of the Prophethood.” [Ahmad in his Musnad , 4/273 (#18596) and al-Sunnah of ibn Abi ‘Asim (#1166 & 1169).] we ,( و ) We, the members Hizb ut-Tahrir, believe in the promise of Allah ( D+ اC # و' وbelieve in the glad tidings that the Messenger of Allah ( 4 7 conveyed to us and we work with and through the Islamic Ummah to restore the Khilafah once again. We are confident of achieving this, and ask Allah ,to honour us by establishing the Khilafah, making us of its soldiers ( و) where we raise its banner in glory and take it from victory to victory. Indeed, .to fulfil ( و ) this is not much for Allah In this book we wish to present a clear understanding of the practical implementation of the ruling and administrative organisations of the Khilafah state. More importantly, through this clarity we hope to uplift the hearts of the Muslims, so that they can visualise what the Khilafah state will be and strive towards it. Our motivation in writing this book is the fact that the present ruling systems in the world are not consistent with the ruling system of Islam in terms of their structures and their bases. It is clear to all Muslims that these ruling systems are not derived from the book of Allah, the Sunnah of His Messenger and the other sources of Islamic law that are referred to by them. There is no disagreement amongst Muslims that these systems contradict the system of Islam. What causes confusion is whether the shape of the ruling system in Islam, in terms of its institutions, is similar to the ruling systems currently being implemented. Therefore they accept the existence of ministers and ministerial institutions that operate in a similar manner to those existent in foreign man- made ruling systems.
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