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The Ruling System in Islam

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The Ruling System in Islam The Ruling System in Islam Hizb ut-Tahrir Fifth edition Khilafah Publications Suite 298 56 Gloucester Road London SW7 4UB e-mail: [email protected] website: http://www.1924.org Contents Khilafah Publications Suite 298 56 Gloucester Road Foreword . .7 London SW7 4UB e-mail: [email protected] Introduction . .10 website: http://www.1924.org 1 Ruling in Islam . .12 2 The Islamic State . .18 The shape of the ruling system in Islam . .30 The shape of the Islamic ruling system is not ISBN 1 899 574 28 X monarchical . .30 The shape of the Islamic ruling system is not republican . .31 The shape of the Islamic ruling system is not imperial . .33 Translation of the Qur’an The ruling system in Islam is not a federal one . .34 The system of ruling in Islam is the Khilafah . .35 It should be perfectly clear that the Qur’an is only authentic in its original language, Arabic. Since perfect translation of the Qur’an is impossible, we 3 The principles of ruling . .43 have used the translation of the meaning of the Qur’an’ throughout the book, 1. Sovereignty is for Shar’a . .43 as the result is only a crude meaning of the Arabic text. 2. The authority belongs to the Ummah . .45 3. The appointment of one Khaleefah is obligatory on all Qur’anic Ayat and transliterated Muslims . .48 words have been italicised. 4. The adoption of laws is the exclusive right of the Khaleefah . .49 Ahadith appear in bold. 4 The structure of the state . .50 - subhanahu wa ta’ala The Khaleefah . .53 - sallallahu ‘alaihi wa sallam Conditions of the Khaleefah . .55 - radhi allaho anha/anho The conditions of preference . .59 AH - After Hijrah CE - Christian Era Contracting of the Khaleefah . .62 The verdict on the usurper . .63 Contents u 5 By which people is the Khilafah contracted? . .64 Who appoints the Khaleefah? . .68 9 The Army . .167 The Bay'ah . .72 The divisions of the army . .168 Seeking the Khilafah . .76 The flags and banners of the army . .174 The method of appointing the Khaleefah . .77 The Khaleefah is the leader of the army . .176 Designating or appointing a crown prince . .94 Culturing the army in military and Islam . .178 Succession to the throne . .96 The Islamic State is in a continuous state of Jihad . .181 The time term of the Khaleefah . .99 The time limit given to the Muslims to appoint a Khaleefah100 10 The Governors . .189 The unity of the Khilafah . .101 The appointment and dismissal of the Governors . .191 The mandatory powers of the Khaleefah . .103 The mandatory powers of the of the Governor . .194 The Khaleefah’s method of looking after the subjects’ The Khaleefah should make enquiries about the works of affairs . .111 the Governors . .199 The Khaleefah is restricted in adoption by the divine rules .114 The removal of the Khaleefah . .117 11 Judiciary . .202 The Ummah does not reserve the right to remove the Types of judges . .205 Khaleefah . .122 The conditions required for the post of judges . .208 The Court of Unjust Acts is the only body that could The appointment of judges . .209 legitimately remove the Khaleefah . .126 The forming of tribunal courts . .209 Al-Muhtasib . .217 5 The Khilafah State is a human state not a theological The mandatory powers of the Muhtasib . .217 state . .127 Qadhi of Mazaalim . .220 The appointment and the removal of the judges . .221 6 Leadership in Islam is singular and not collective . .139 The mandatory powers of the Mazaalim judge . .223 7 The Khaleefah’s assistants . .144 12 The administration system . .228 The Delegated Assistant . .144 The administrative system is a style of administration, The conditions of the Delegated Assistant . .148 not ruling . .228 The conditions required in the appointing of the Discharging of interests is part of ruling affairs . .230 Delegated Assistant . .149 The administraion details . .231 The task of the Delegated Assistant . .150 The policy of the administration of interests . .233 The Executive Assistant . .154 Those who are eligible to be civil servants . .234 The civil servants are state hired staff . .235 8 The Ameer of Jihad . .158 Foreign affairs department . .160 13 The Council of the Ummah . .237 War department . .161 The right of the Shura . .237 Internal security department . .161 The rule of Shura . .240 The department of industry . .164 Electing the members of the Council of the Ummah . .245 The membership term of the Council of the Ummah . .246 6 u The Ruling System in Islam Membership of the Council of the Ummah . .246 The mandatory powers of the Council of the Ummah . .249 The right of speech and expression of opinion . .261 Foreword 14 Islam must be implemented as a whole. Gradual implementation is Haram . .265 15 Islam forbids ruling by a police state . .270 Islam forbids harming the Muslims and spying on them . .271 he first edition of the book The Ruling System was written in the Obedience to the Muslim ruler who governs with Islam early 1950’s CE. Western culture had a great effect on the minds is compulsory . .277 Tof the educated sons of the Muslims. One of its effects, which No obedience in sin . .282 dominated their thinking, was that Islam is a spiritual religion that does Accounting the rulers is Fard upon the Muslims . .283 not have a system that can solve the problems we face today, that there The ruler who displays flagrant Kufr must be fought was no ruling system for the state, and the state that Islam had was merely against . .289 religious and spiritual. 16 Establishing political parties is Fard Kifayah . .295 Those undertaking the work for Islam used to call for it with general thoughts that were not crystallised. They lacked the clarity in showing 17 The guarantee of the implementation of Islam . .299 Islam as a complete system for life, state and society. They used to call for a return to Islam in an open and general manner without them having a clear vision in their minds as to what the systems of Islam were or the manner in which they were going to restore the ruling by Islam. The fact that ruling by what Allah has revealed could not be restored without the Khilafah was absent from their da’wah. That is why establishing the Khilafah and reinstating the ruling by what Allah has revealed did not find a place in their program of work. At such a time a structure undertook the study of the situation of the Ummah at her present time and the condition she had reached. And it studied her history, power and the authority she had in the State that was the leading state in the world. It was a state that was established on the Islamic ‘aqeedah and Ahkam Shar’iah that emanate from it and which the State apply, implement and convey it as a Message to the world. Then this structure undertook an aware study of Islam from its original sources in the Qur’an and Sunnah and came to the following conclusion that Islam is a complete and comprehensive system that solves all of life’s problems. So it wrote books explaining all of this in a general manner without touching upon the details. Thus it wrote books on the systems of Islam, such as the ruling, economic and social system. And in writing these 8 u The Ruling System in Islam Foreword u 9 books it observed the practical aspect so that the Muslims realise that in every instance. Islam is a practical ideology and a complete system fit for implementation, so that they adopt its systems and work to bring it back In the third edition we missed the chance of giving the reference for the in the realm of life via the establishment of the Khilafah State. The Ahadith and confining to the text mentioned in the books of hadith.In Khilafah State is the only method for applying these systems in the reality taking many of the Ahadith we used to rely on the texts mentioned in the of life. trustworthy and recognised books of fiqh (jurisprudence) but the books of fiqh would sometimes transmit a hadith by meaning only or just confine The understanding of these thoughts and systems expanded. This was itself to a portion of the hadith that it used as an illustration or evidence. owing to the structure conveying them to the Muslims, continuously So when the third edition went out of print we undertook the task of discussing and talking about them, and by referring to their sources to finding the references of all the Ahadith mentioned in the book and we crystallise them. All of this was in order to establish them in the realm of mentioned from where each hadith had been taken and we confined to the life. These thoughts and concepts were no longer confined to being only text stated in the books of hadith. We excluded every hadith whose broad guidelines or just giving a general picture; especially after Islam authenticity or suitability as a proof was not assured for us. Likewise we had become the expectation of Muslims and their object of hope in are convinced of all the reports cited in the books from their sources. rescuing themselves from the situation they were in. This was after Any report we were not sure of or if we found it to be weak, we omitted realising that Islam was the complete and comprehensive system that it from the book. Similarly we corrected certain concepts and rules as a solves all of life’s problems.
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