Wednesday, November 14, 2007

Organisations of the Khilafah State - Part 2

The following is part of a series of articles which are based upon extracts from the excellent book by Hizb ut-Tahrir,(أجهزة دولة الخلافة (في الحكم والإدارة (Ajhizat Dawlat al-Khilafah fil hukm wal idara), 'Organisations of the Khilafah State (in ruling and administration)', published in 2005. We will be focussing on those aspects which are eloborations that are not contained in the earlier book 'The Ruling System in Islam'. The beginning of the book mentions that it is issued and adopted by Hizb ut-Tahrir and that it nullifies anything that disagrees with it, this means that there are some updates to the previously adopted views of the party contained within it. These articles are based upon certain draft translations of extracts of the book, for exact meanings and accuracy please refer to the original Arabic.

We haven't posted articles related to the other sections related to the Khaleefah like the method of Bay'ah, the unity of the Khilafah, the mandatory powers of the Khaleefah, the Khilafah is a human state theocratic state, etc as these are similar to what is elaborated in the book 'The Ruling System in Islam'

The delegated assistant ( Mu’awin at-Tafweed )

The assistants are the wazirs whom the Khaleefah appoints to assist him in discharging the tasks and responsibilities of the Khilafah. There are nUmarous tasks in the Khilafah, especially when the State is growing and expanding, and these would be a heavy burden for the Khaleefah alone. Hence he needs people to help him in carrying this burden and discharging these responsibilities.

It is invalid to call them wazirs without restriction, otherwise the meaning of wazir in Islam will be confused with its meaning in the current man made systems based on the secular, capitalist democratic basis, or other systems we observe nowadays.

The delegate assistant or mu;awin ut-tafweedh is the wazir appointed by the Khaleefah to carry with him the responsibility of ruling and authority. So, the Khaleefah delegates to him the discharge of the affairs according to his own opinion and to execute them according to his own ijtihad, in accordance with the divine rules. Thus the Khaleefah delegates to him general examination of the affairs and general deputyship to him.

Al-Haakim and at-Tirmidhi reported from Abi Sa’id al-Khudri that the Messenger of Allah (saw) said:

«وزيراي من السماء جبريل وميكائيل ومن الأرض أبو بكر وعمر»
“My two ministers (wazirs) from the heavens are Jibra’il and Mika’il and on the earth are Abu Bakr and Umar.”

The word ‘wazir’ in the Hadith means the helper and the assistant, which is the linguistic meaning. It has been used in the Qur’an with such a meaning; Allah (swt) says:

وَاجْعَلْ لِي وَزِيرًا مِنْ أَهْلِي

‘Give me a minister from my family.’ [TMQ 20:29].

It also means a helper and assistant. The word wazir in the Hadith is unrestricted (mutlaqa) which includes any help or assistance in any matter; therefore he can assist the Khaleefah in the functions and the tasks of the Khilafah. The Hadith of Abi Sa’id al-Khudri is not specific to assistance in the matter of ruling, because Jibra’il and Mika’il, the two wazirs of the Messenger of Allah (saw) from heaven, have no relationship in helping him in the responsibilities and functions of ruling. Therefore the word wazirai (my two wazirs) in the Hadith does not indicate other than the linguistic meaning, which is my two assistants. It is understood from the hadeeth that it is allowed to have more than one assistant.

Though Abu Bakr and ‘Umar did not appear that they carried the tasks of ruling along with the Messenger of Allah (saw). However appointing them as two wazirs to him gives them the mandatory powers of assisting him in every matter without restriction, including the matters and tasks of ruling. After Abu Bakr became the Khaleefah, he appointed ‘Umar b. al-Khattab as an assistant to him. His assistance was so evident.

Once ‘Umar held the post of the Khilafah, ‘Uthman and ‘Ali were ‘Umar’s assistants, but they did not appear to carry out any role of assistanship to ‘Umar in the matters of ruling. Their situation was similar to that of Abu Bakr and ‘Umar with the Messenger of Allah (saw). At the time of ‘Uthman, ‘Ali and Marwan b. al-Hakam were his two assistants. However ‘Ali was unhappy about some affairs, so he remained distant. However, Marwan ibn Al-Hakam was quite evident in assisting ‘Uthman in the tasks of ruling.

If the delegate assistant was honest, he would then be of great advantage to the Khaleefah. He would remind him of every thing good and help him in its execution. It was narrated fro ‘Ayesha (ra), she said: The Messenger of Allah (saw) said:

«إذا أراد الله بالأمير خيراً جعل له وزير صدق، إن نسي ذكَّره، وإن ذكر أعانه. وإذا أراد الله به غير ذلك جعل وزير سوء، إن نسي لَم يذكِّره، وإن ذكر لَم يعنه»
“If Allah wished something good to the ameer he would make for him a honest wazir. When he forgets something, he would remind him, and if he remembered it he would help him in it. If Allah wished to him something else, he would make for him a bad wazir. When he forgets something, he would not remind him, and if he remembered it he would not help him in it.” It is narrated by Ahmad. An-Nawawi said it of good transmission. Al-Bazzar narrated it through transmission described by Al-Haythami saying its narrators are of the sound hadeeth.

By examining the work of the assistant at the time of the Messenger (saw) and the time of Khulafaa’ Rashidoon, we find the assistant might be assigned to specific issues, where he is entitled of their general examination. He might also be appointed to have general examination in all the issues. He can also be appointed in a (certain) place and has the task of general examination, as well as in various places with a task of general examination. It has been narrated by al-Bukhari and Muslim through Abu Hurayarah, he said:

«بعث رسول الله r عمر على الصدقة»
“The Messenger of Allah (saw) sent Umar as responsible for sadaqah.”

Ibn Khuzaymah and Ibn Hibban reported:

«أن رسول الله r حين رجع من عمرة الجِعرانة، بعث أبا بكر على الحج»
“When the Messenger of Allah (saw) returned back from the umrah of Ja’ranah, he sent Abu Bakr responsible for hajj.”

This means Abu Bakr and Umar (ra), the two assistants of the Messenger of Allah (saw), were charged with general examination in specific tasks at the time of the Messenger of Allah (saw), though they were two assistants (wazirs) that were appointed with general examination and deputyship, as it is required by ministry of deputyship. This was the case of Ali and Uthman at the time of Umar. Even at the time of Abu Bakr, the assistantship of Umar to Abu Bakr was evident in the general examination and deputyship, to the point that some of the sahabah said to Abu Bakr: We do not know who is the Khaleefah? Is it Umar or you? Yet, Abu Bakr appointed Umar in the post of judiciary in some periods, as it is reported by al-Bahaqi through a narration which was corroborated by al-Hafiz.

Thereupon, it is understood from the Seerah of the Messenger (saw) and the khulafaa’ Rashidoon after him that the assistant is entrusted with the general examination and deputyship. However, it is allowed that the assistant is designated to a specific place or task, as the prophet (saw) did with Abu Bakr and Umar, and as Abu Bakr did with Umar. This is like appointing an assistant to follow up the northern regions while another to follow up the southern regions of the Khilafah state. The Khaleefah is allowed also to put the first assistant in the position of the second and the second in the position of the first. Besides he can direct one assistant to a specific task, and another to a different task, the way it is fit to help the Khaleefah. In such cases an assistant does not require a new designation; he just only needs transfer from one task to another. This is because he is entrusted originally with the general examination and deputyship; and all of these tasks are within his appointment as an assistant. The assistant differs in this regard from the governor (wali), where the governor is entrusted with the general examination in one place without being transferred from it. In case he is transferred he would rather need new appointment, because the new place is not included in the first appointment. However, the assistant is entrusted with the general examination and deputyship; so he is allowed to be transferred from one place to another without the need of new deputyship, since he is in origin entrusted with the general examination and deputyship in all the tasks.

It is understood from all of this that the Khaleefah appoints his assistant deputyship of him in all the regions of the state, with the general examination of all the tasks. However, he is allowed to charge him with a specific task, such as responsible for the eastern districts, and another for the western districts, and so on. The importance of such arrangement is evident in the case of having more than one delegated assistant, so their tasks would not conflict.

Since, the Khaleefah will need more than one deputy assistant, particularly because of the big size of the state, and allowing each one of them to conduct tasks all over the state, this would create problems in discharging their tasks, due to the possibility of interference that results from the general examination and deputyship, which each one of them has.

Therefore, we adopt:
In term of appointment: the assistant is entrusted with the general examination and deputyship, all over the state.

In term of action: he is charged with a task in part of the state. This means the Khilafah is divided into states (wilayaat) among the delegated assistants. One assistant would help in the east, while the other in the west, a third in the north, and so on.

In term of transference: the assistant is transferred from one place to another and from one task to another without the need of new deputyship. He is rather transferred based on his first deputyship, for the origin of his deputyship is being a delegated assistant that covers all tasks.

The conditions of the delegated assistant

The delegated assistant should meet the conditions as those required for the Khaleefah’s post, i.e. to be male, free, Muslim, mature, sane and just. In addition to this, the assistant should be from the people of competence in what is assigned to him in terms of duties delegated to him.

Evidences of these conditions are the same as those of the conditions of the Khaleefah post because the work of the delegated assistant is part of ruling; therefore he should be male, for the Messenger of Allah (saw) said:

«لن يفلح قوماً وَلّوا أمرهم امرأة»

“People who appoint a woman to run their affairs shall never succeed,” narrated by al-Bukhari on the authority of Abi Bakra. He must also be free, for the slave does not have authority over his own affairs, thus he cannot run other people’s affairs. He should also be mature, for the Messenger of Allah (saw) said:

«رفع القلم عن ثلاثة عن النائم حتى يستيقظ، وعن الصبي حتى يبلغ، وعن المعتوه حتى يبرأ»

“Three types of people are exempted from accountability, the one who sleeps until he wakes up, a child until he reaches the age of puberty and the insane until he is cured,” narrated by Abu Dawood. He also should be sane; for in the same Hadith, the Messenger of Allah (saw) said:

«وعن المعتوه حتى يبرأ»
“And the insane until he is cured.”

And in another narration the Hadith States

«وعن المجنون المغلوب على عقله حتى يفيق»
‘…about the one whose mind is overpowered until he regains his mind.’
The Mu’awin should also be just, for Allah (swt) has made it a condition in testimony. He (swt) says:

وَأَشْهِدُوا ذَوَى عَدْلٍ مِنْكُمْ

“And seek the witness of two just men from amongst you” - [TMQ; 65:2]

Therefore, there is greater reason to require justice from the assistant of the Khaleefah. The Mu’awin should also be from the competent people in the duties of ruling. This is so as to enable him to assist the Khaleefah in shouldering the tasks of the Khilafah and the responsibility of rule and authority.

The task of the delegated assistant

The task of the delegated assistant is to submit to the Khaleefah all the work he intends to perform. He then reports to the Khaleefah what he has executed in terms of decisions and what he has discharged in terms of management and appointment, so that the assistant would not become like the Khaleefah in his powers. Therefore, his job is to submit his review and then execute it, unless the Khaleefah stops him from doing so.

The evidence for this is the nature of the Mu’awin as a deputy of the Khaleefah in the issue designated to him. A deputy acts on behalf of the person who appointed him as his deputy. Thus he does not become independent from the Khaleefah, but rather reviews with him every action just as ‘Umar used to do when he was wazir to Abu Bakr, whereby he would review with Abu Bakr what he intended to perform, then execute it accordingly. Reviewing with the Khaleefah does not necessarily mean that he needs to ask for his permission in every single detail, for this contradicts the nature of the Mu’awin. It rather means discussing the matter with him, for example the need of appointing a capable wali to one of the provinces or dealing with the complaints of people regarding food shortage in the market, or any other State affairs. He may also submit a matter to him, in the form of a presentation, which would be sufficient for the Mu’awin in the future to carry out the matter with all its details, without the need for permission to act. However, if the Khaleefah issues orders to stop the carrying out of any matter, then it should not be executed. Hence, the presentation is simply the putting forward of a proposal and the consultation with Khaleefah about it; and it does not mean seeking permission to carry out the task. The Mu’awin can execute the task in question as long as the Khaleefah does not stop him from doing so.

The Khaleefah should review the actions of the Mu’awin and his management of affairs, in order to approve what is right and redress what is wrong. This is so because the management of the Ummah’s affairs is commissioned to the Khaleefah and discharged according to his own ijtihad. The evidence for this is the Hadith of responsibility over the subjects where the Messenger of Allah (saw) said:

«الإمام راعٍ وهو مسؤول عن رعيته»

“The Imam is a guardian and he is responsible over his subjects.” Therefore, the Khaleefah is entitled to the task of government and he is responsible over his subjects, whereas the delegated Mu’awin is not responsible over subjects, but he is merely responsible for his own actions. The responsibility over the subjects is confined to the Khaleefah alone. Therefore, the Khaleefah is obliged to review the actions of the Mu’awin and his performance in order to fulfill his duty towards his subjects. Aside from this, the delegated assistant can sometimes make errors, and the Khaleefah has to redress such errors, so he has to review all the assistant’s actions.

Therefore, it is for these two reasons: fulfilling responsibility towards his subjects and redressing potential errors made by the delegated assistant, that the Khaleefah is obliged to review all of the Mu’awin’s actions.

If the delegated assistant decided a matter and the Khaleefah approved of it, the Mu’awin could then execute it without any alterations. If the Khaleefah objected to what the Mu’awin had executed, then in this case the matter would be examined. If the Mu’awin had correctly carried out a verdict or if he had spent some funds in the correct areas or in certain projects then the Mu’awin’s opinion comes into force, for, in principle, it is the Khaleefah’s opinion, and the Khaleefah has no right to redress what the Mu’awin had executed in terms of rules he executed or funds he had spent. However, if the Mu’awin had performed other types of actions, such as the appointing of a Wali or the preparation of an army, the Khaleefah has the right to reverse the Mu’awin’s decision and enforce his own and nullify the Mu’awin’s actions. This is because the Khaleefah has the right to redress his own actions so he has the right to redress the actions of his assistant.

This is a description of the way which the Mu’awin follows in performing his actions and of the way which the Khaleefah follows in reviewing the Mu’awin’s actions. It is derived from what sort of actions the Khaleefah is allowed to redress and what actions he is not allowed to redress, because the actions of the delegated Mu’awin are considered as actions of the Khaleefah. As an explanation for this, it is allowed for the delegated assistant to rule by himself and to appoint rulers as it is allowed for the Khaleefah; This is so, because the conditions of ruling have been conferred to him. He is also entitled to investigate complaints or to deputize someone to do so, because the conditions of complaints have been verified for him. He is also entitled to take charge of Jihad by himself, or appoint someone to do so, for the conditions of war have been verified for him. He is entitled to execute matters he has decided or to deputize someone to execute them on his behalf, for the conditions of voicing an opinion and management are conferred to him. However, this does not mean that whatever the Mu’awin performed can’t be reversed by the Khaleefah, as long as he had been briefed about it. It rather means that he possesses the same powers as the Khaleefah, but he acts on his behalf and not independent of him. Therefore, the Khaleefah is entitled to disagree with the Mu’awin and redress what has been executed or reverse any of his actions, bearing in mind that this applies only to the sort of actions which the Khaleefah can redress of his own actions. If the Mu’awin had executed a rule correctly or spent funds in the right areas then the Khaleefah’s objections would carry no weight and the Mu’awin’s decision would be executed. This is because in principle, it is the Khaleefah’s own decision and in such cases he himself cannot reverse his decision or nullify what he himself had executed. Hence, he could not reverse his Mu’awin’s action. However, if the Mu’awin had appointed a Wali, an administrator, an army commander or any other appointee or if he had laid down an economic strategy, a military plan or an industrial program or any similar undertaking, then the Khaleefah is allowed to nullify it. This is because, although they are considered as being the Khaleefah’s opinions they fall under the category of decisions which the Khaleefah is entitled to redress even when done by himself. Accordingly he could do likewise with his Mu’awin’s decisions. So in this category, it is allowed for the Khaleefah to nullify the actions of the Mu’awin. The basic rule concerning this would be as follows: any action that the Khaleefah is allowed to redress of his own actions, he is entitled to redress in a like manner if performed by his Mu’awin; whereas any action the Khaleefah cannot redress, he is also not allowed to redress this action if performed by his Mu’awin.

The delegated Mu’awin is not designated to any particular department of the administration system, like the education department for example, because those who take charge of the administration matters are civil servants and not rulers; whilst, the delegated assistant is a ruler, rather than a civil servant. His task is take charge of the affairs, rather than performing the actions carried out by civil servants.

This is the reason why he does not run the administrative matters. It does not mean however that he is prevented from carrying out any administrative action; rather he is not confined to administration functions but is given a general responsibility.

Appointment and dismissal of the delegate assistants:

The delegated assistant is appointed and dismissed by the command of the Khaleefah. At the death of the Khaleefah, the term of the delegate assistants expires, and they do not continue in their post except during the term of the provisional ameer. After that they need new appointment from the new Khaleefah so as continue in their task. They do not need a decision of dismissal because their authority would eventually expire by the death of the Khaleefah that took them as his assistants.

2 comments:

Anonymous said...

salams

whats the difference btw the role of the delegated assistant and the wali? - it mentions that the delegated assistant could be assigned to a wilaya to overlook wouldnt this conflict with the role of the wali?

masalama

Islamic Revival said...

There is a difference between the two, refer to the book 'The Ruling System in Islam' for further details.

Basically, the Wali is limited to his task - he doesn't have general delegation, for example he cannot dismiss other Wali's whereas the delegated assistant can. In future our opinion is that the Wali's will only be given Waliayah Khassa (specific wilayah) and will not be given power over the judges, funds or military in their Wilayah. However the Delegated assistant is able to decide and enact any of these matters, e.g. he can remove judges, distribute the funds, etc.