The following is a continuation from Exposing the call for the reformation of Islam - Part 1
Example 3: The claim that Islam doesn’t have a ruling system
Ali Abdul Raziq (1888-1966 CE) of Egypt, a student of Muhammad Abduh attempted to confine Islam to ritual spiritual issues. He claimed that Islam did not define a ruling system or form of government thus denying the clear obligation of Khilafah (caliphate). He wrote in his book ‘al-Islam Wa Usul al Hukm’ (Islam and the principles of government):
"Islam is innocent of this insitution of the caliphate as Muslims commonly understand it. Religion has nothing to do with one form of government rather than another and there is nothing in Islam which forbids Muslims to destroy their old political system and build a new one on the basis of the newest conceptions of the human spirit and the experience of nations."
Islam, according to him, is a religion whose religious precepts are binding only on individual conscience and have nothing to do with power and politics. Thus religion and Siyasa (politics) are worlds apart. He claims the political history of the Muslims under the Khilafah contradicts the teachings of Islam which aims at personal salvation and operates within the confines of individual morality. This is why the extension of religion to political domain in the guise of what he calls ‘the theory of caliphate’ is taken by him to be the innovations of jurists and theologians.
It is clear that he was influenced by the orientalist, Sir Thomas Arnold. For example in 'al-Islam wa Usul al-Hukm' after attempting to prove that there is no daleel (evidence) for Khilafah in the Ayah:
''O you who believe! Obey Allah and obey the Messenger and those in authority from amongst you'' [TMQ 4:59]
He says on page 11, “If you want to find out more on this discussion then please refer to the book 'The Caliphate' by the scholar Sir Thomas Arnold. The explanation in chapter two and three of that book is excellent and convincing”.
The book of Sir Thomas Arnold is in fact full of contradictions and attempts to cast doubt on the definitive evidences of Islam. For example he says:
“When ten years later Umar received a mortal wound at the hand of an assassin, he is said to have appointed a body of electors, six in number, to choose a successor. Doubt has been cast on the truth of this story, and there is reason for thinking that Umar, like the Prophet Muhammad himself, left this matter entirely in the hands of those concerned.
The greatest living historian of Islam, Prince Caetani, has suggested that this story of Umar having nominated a body of electors was an invention of later times. In order to justify the practise that prevailed during the Abbasid period of first having a private proclamation of the Khalif in the presence of the magnates of the empire, at which they swore allegiance to the new sovereign, and following it up by the public proclamation, in which the populace received the communication of the election and gave assent by acclamation.” [The Caliphate, Sir Thomas W. Arnold, p. 21, Adams Publishers, New Delhi]
This is a ridiculous claim which contradicts accepted authentic narrations. The renowned scholar and historian Ibn Jarir al-Tabari (838–923) as well as others have reported the narrations about what occurred when Umar (ra) was wounded, Umar (ra) said:
"O group of Muhajireen! Verily, the Apostle of God died, and he was pleased with all six of you. I have, therefore, decided to make it (the selection of Khalifa) a matter of consultation among you, so that you may select one of yourselves as Khalifa. If five of you agree upon one man, and there is one who is opposed to the five, kill him. If four are one side and two on the other, kill the two. And if three are on one side and three on the other, then Abdur Rahman ibn Auf will have the casting vote, and the khalifa will be selected from his party. In that case, kill the three men on the opposing side. You may, if you wish, invite some of the chief men of the Ansar as observers but the khalifa must be one of you Muhajireen, and not any of them. They have no share in the Khilafah. And your selection of the new Khalifa must be made within three days." [Tareekh (History) of Al Tabari, Vol 3, pp. 294-295]
Raziq’s book quite opportunely it seems, was published a year after the Khilafah was destroyed in 1925. In it he went to great pains to argue that the verse mentioned earlier and other such hadith and ayat which command the obedience to a Khalifah do not establish the obligation to appoint a Khalifah. He argues that they apply only when an Imam (Khalifah) exists and if he does not exist then there is no obligation to appoint one. To prove this he adduced the following nonsensical argument: “Are we not ordered by the Shar’iah to be generous to beggars, respect the poor and treat them well and show kindness to them? So can anyone who has any intelligence say that this means the Shar’iah has obliged us to bring about paupers and orphans?” [al-Islam wa Usul al-Hukm, p.125-126, in edition published by al-Mu`assasa al-'Arabiyyah lid dirasaat wan nashr]
The argument he uses is irrational and demonstrates his lack of understanding of the Shariah evidences. Essentially he attempts to negate the obligation of establishing am Islamic authority on the pretext that if it does not exist we are not obliged to establish it as to claim such a think would analogous to claiming that the Shariah has obliged us to bring about beggars and orphans to fulfil the Islamic commands.
Such arguments to say the least are highly fatuous and cannot be considered as scholarly opinions for they disregard the fact that the ahkam (rules) come with their asbaab (causes). The sabab (cause) of obedience to parents is their existence and hence upon their death the sabab (cause) ceases which means the hukm of obedience also ceases. The same also applies to beggars and orphans in respect to the ahkam (rules) which came pertaining to them. But this is different when it comes to appointing a Khalifah because the sabab (cause) of the presence of a Khalifah is the presence of the jama'ah i.e. Ummah or community which has to look after its affairs by Islam. So if the community exists then Khalifah must exist to look after their affairs.
The Prophet (saw) said: ''It is not allowed for three people to be in a journey (fulaatin) without appointing one of them as an Ameer.'' [Musnad Ahmad]
This hadith makes it clear that whenever a collection of Muslims exist i.e. jama'ah it is prohibited for them to exist except with an ameer. Therefore it is an obligation to appoint an Ameer when there is any jama'ah. The existence of the jama'ah is the sabab (cause) of the obligation of appointing a Khalifah.
Imam Shawkani said, “If Islam prohibited any three Muslims to remain without an ameer, then how the whole Islamic ummah can remain without an Ameer?”
In fact the term jama'ah in the Islamic text means state, authority, and Khalifah. Let us look at the following hadith: Ibn Abbas narrated that Messenger (saw) said:
''The one who sees in his Ameer something which displeases him, let remain patient, for he who separates himself from the community (jama'ah) by even so much as a hand span and dies (in this state), he will die the death of Jahiliyyah.'' [Bukhari & Muslim]
Here disobedience and rebellion against the Khalifah is synonymous with separation from the jama'ah. This is because it is obligatory on the jama'ah to look after their affairs by Islam. Having a Khalifah present means this duty is being fulfilled. But if he is disobeyed this means the obligation of looking after their affairs by Islam is being neglected since he is the one who undertakes this task. So the jama'ah has to obey a Khalifah so that their affairs can be looked after. The reason why a Khalifah needs to exist is because the affairs cannot be looked after except by him. Thus, the sabab (cause) of the presence of a Khalifah is the presence of jamaa'ah which is obliged to look after its affairs by Islam. Hence, when the Messenger of Allah (saw) orders us to obey the Khalifah this means by Ishaarah (alluded meaning) it is obligatory to appoint a Khalifah. For how can the Fard (obligation) of ruling by Islam be accomplished if he did not exist. So it is wrong to say a Khalifah does not exist so we are not sinful for not appointing and obeying the Khalifah.
We can see the same point much more clearly in another narration by Ibn 'Abbas which uses the word Sultan instead of jamaa'ah:
''If anybody sees in his Ameer something which displeases him, he should remain patient, for he who separates himself from the authority (Sultan) by even so much as a hand span and dies thereupon, he would die the death of the days of ignorance.'' [Muslim]
Here we can see that separation from jamaa'ah and authority (sultan) are used synonymously. Authority (sultan) means the body which looks after the affairs. Jamaa'ah refers to the community whose affairs are looked after by the Khalifah. The key thing in both is the obligation of looking after of the affairs which necessitates the presence of a Khalifah.
It is reported that 'Umar b. al-Khattab said:
''There is no Islam without jamaa'ah and there is not jamaa'ah without Imaarah (leadership). And there is no Imaarah (leadership) without obedience.'' [Sunan of Darimi]
Meaning there is no looking after of the affairs of the jamaa'ah or authority (sultan) without an ameer (Imaarah) and naturally there can be no Ameer when there is no obedience to him. So the jamaa'ah in order to exist i.e. for its affairs to be looked after must appoint an Ameer. Consequently obedience to this Ameer is obligatory because the obligation of looking after the affairs is not possible without an Ameer. Thus, when the Prophet (saw) ordered us to give allegiance (bay'ah) or obey the Khalifah it has a greater meaning than when he orders us to feed the poor or look after our parents. We feed the poor because they are poor and we obey parents because they are parents. Thus when they cease to exist the hukm ceases. But our obedience to the Khalifah is because he looks after the affairs of the jamaa'ah which itself is an obligation. Thus when the Khalifah dies the obligation of obedience to him does not cease because the sabab (cause) of the obedience still exists which is the looking after of the affairs. This is the reason why the order to obey the Khalifah by Ishaarah (alluded meaning) means the order to appoint him.
Let us consider the following ayah:
''O you who believe! Obey Allah and obey the Messenger and those in authority from amongst you.” [4:59]
Here we are obliged to obey those in authority because they are the ones who look after the affairs. So obedience is due as long the ruler looks after the affairs of the people by Islam. Since looking after affairs by Islam is Fard then the obedience to them indicates by Ihsraah that they need to exist. In another hadith this point is made even more clearer:
The Prophet (saw) said: ''Even if a slave was appointed over you who leads you with the Book of Allah then hear and obey.'' [Muslim]
Here to emphasise the obedience to the one who looks after the affairs we are commanded in the style of mubaalagha (exaggeration) to obey even if the ameer is a slave i.e. obedience is due because he looks after the affairs which is an obligation. Hence the order to obey indicates by ishaarat an-nass (alluded meaning from the text) the obligation of his presence.
Furthermore there are clear evidences from the Quran, Sunnah and Ijma as-Sahaba that establish the obligation of having a Khilafah, the Islamic government. Allah (swt) says:
"But no, by your Lord, they will not have Eeman until they make you (O Prophet) rule between them in that wich they dispute, and they find in their souls no resistance against your decisions, but accept them with the fullest conviction." [TMQ 4:65]
"Indeed, we have revealed to you the book with the truth so that you may rule between mankind by that which Allah has shown you." [TMQ 4:105]
"So rule between them by that which Allah has revealed, and follow not their desires, but beware of them in case they seduce you from just some part of that which Allah has revealed to you." [TMQ 4:49]
"Whosoever does not rule by that which Allah has revealed, they are disbelievers (Kafiroon).....the thaalimoon (oppressors)....the fasiqoon (evil doers)." [TMQ 5:44-47]
These ayaat (verses) of Qur'an, and many others, prove beyond doubt the obligation of ruling by what Allah has revealed. The first one in particular refers to the Muslims directly by stating that we have no real Imaan (belief) until we make them judge between us by Allah's revelation. This is an indication of the obligation for all Muslims to establish Allah's ruling system.
Abu Hazim 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 will number many". They asked: what then do you order us? He said: "fulfil allegiance to them one after the other. Give them their dues. Verily Allah will ask them about what he entrusted them with.” [Muslim]
This hadith is a clear statement of the fact that the form of government in Islam, after the Prophet (saw) is the Khilafah, and not an Islamic Republic, Islamic Socialist Republic or Islamic emirate. This understanding is supported by numerous other hadith that indicate the only system of government in Islam is the Khilafah.
It is narrated from Abdullah bin 'Umar that the Prophet (saw) said, "One who dies without having bound himself by an oath of allegiance (to a Khalifah) will die the death of one belonging to the days of ignorance (Jahiliyah)". [Muslim]
It is narrated on the authority of Umar that the Prophet (saw) said, "Whosoever dies and he does not have over him an Imaam, he dies the death of Jahilyyah". [Ahmad, Ibn Abi 'Asim, Tabarani & Abu Nu'aym]
It is narrated from Ibn Umar that the Prophet (saw) said, “Whoever dies while there was no Imaam of a Jamaa'ah ruling over him, his death would be that of the days of Jahiliyyah.” [Mustadrak of al-Hakim]
Thus the Prophet (saw) made it compulsory that every Muslim should have over him an Imam, which is also represented by having a pledge of allegiance (bayah) on his or her neck. From the texts we know that the pledge of allegiance is not given to anyone except the Khalifah. The Ahadeeth inform us that those who run the affairs of Muslims are Khulafah (sometimes referred to as Amir ul-Mu'mineen or the Imam). Therefore, these texts clearly indicate a command to establish or appoint them.
The reputed scholar al-Taftazani (d. 1389 CE) said, “There is ijma (consensus) that appointing an Imam is wajib (obligatory)…The adoption (i.e. correct position) is that it is obligatory upon the servants by textual evidence because of the saying of the Messenger (saw), "Whoever dies not having known the Imam of his time, dies the death of the days of Jahiliyyah (Ignorance)." Also, the ummah agreed that this was the most important duty following the death of the Messenger (saw), so important in fact that they considered it more important than the matter of his burial, and so also has it been after the death of each Imam. And they must appoint someone, for so many Shari‘ah obligations depend on this duty.”
He then quotes the noted Hanafi scholar al-Nasafi (d. 1142 CE), “as he (i.e. al-Nasafi) indicated by his statement: ‘The Muslims simply must have an Imam, who will execute the rules, establish the hudud (penal system), defend the frontiers, equip the armies, collect the zakah, punish those who rebel (against the state) and those who spy and highwaymen, establish jumu‘ah and the two ‘Eids, settle the disputes among the servants (of Allah), accept the testimony of witnesses in matters of legal rights, give in marriage the young and the poor who have no family, and distribute the booty’
Taftazani adds: and similar matters which other individuals from the ummah are not allowed to be in charge of.” [Sharh al-Aqa'id al-Nasafiyyah (Commentary of Nasafi’s Essay on the Creed), Translated from the Cairo edition of 1335 AH, p. 142-143]
Al-Haythami (d. 1405 CE) said, “It is known that the Sahabah (ra) consented that selecting the Imaam after the end 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 the burial of the Prophet (saw).” [Sawaa'iq ul-haraqah: 17, al-Haythami]
In fact this obligation has not been disputed by any accepted Mujtahid in history.
Imam an-Nawawi (d. 1278 CE) said, "(The scholars) consented that it is an obligation upon the Muslims to select a Khaleefah.” [Sharhu Sahih Muslim, An-Nawawi, Vol 12, p. 205]
Al-Qurtubi (d. 1273 CE) said, "The Khilafah is the pillar upon which other pillars rest.”
Imaam al-Ghazali (d. 1111 CE) when writing of the potential consequences of losing the Khilafah said, "The judges will be suspended, the Wilayaat (provinces) will be nullified, ... the decrees of those in authority will not be executed and all the people will be on the verge of Haraam.” [Al Iqtisaad fil Itiqaad, Abu Hamid al-Ghazali, p. 240]
Sharastani said, “It never came to his mind or the mind of anybody that it is allowed for the earth to have no Imam.”
Ibn Taymiyyah (d. 1328 CE) said, "It is obligatory to know that the office in charge of commanding over the people (ie. the Khilafah post) is one of the greatest obligations of the Deen. In fact, there is no establishment of the Deen except by it....this is the opinion of the salaf (pious predecessors), such as al-Fadl ibn 'Iyaad, Ahmed ibn Hanbal and others.” [Siyaasah Shariyyah, Ibn Taymiyyah]
Al-Amidi (d. 1233 CE) said, “The legal view of the people of truth amongst Muslims is that appointing an Imam and following him is obligation upon Muslims.”
Al-Mawardi (d. 1058 CE) said, "The contract of the Imamah (leadership) for whoever is standing with it, is an obligation by Ijmaa'a (consensus)". [al-Ahkam as-Sultaniyyah, Abu al-Hasan al-Mawardi, Arabic edition, p. 56]
Imam Ahmad ibn Hanbal (d. 855 CE) said, "The Fitna (mischief and tribulations) occurs when there is no Imaam established over the affairs of the people".
Ibn Khaldun (d. 1406 CE) said in al-Muqadimmah, “The appointment of an Imam is obligatory, and this obligation is understood in the shar’ through the ijmaa’ of the Sahabah and tabi’een.”
One of the most respected scholars of the Indian subcontinent, Shah Waliullah Dehlavi (d. 1762 CE) said in ‘Izalat al Khafa’, "Khilafah is the leadership of people united in a commonwealth which comes into existence for the establishment of the Deen including revival of religious branches of learning, institution of Islamic ritual observances, organization of jihad… marshalling an army, remunerating the combatants, creating a judicial system and enforcing the laws, curbing of crimes… All these functions have to be performed by it as if it were deputising and representing the Prophet (saw).”
Imam Al-Juzayri, an expert on the Fiqh of the four great schools of thought said regarding the four Imams, "The Imams (scholars of the four schools of thought- Shafi'i, Hanafi, Maliki, Hanbali)- may Allah have mercy on them- agree that the Imamah (Leadership) is an obligation, and that the Muslims must appoint an Imam who would implement the deen's rites, and give the oppressed justice against the oppressors." [Fiqh ul-Mathahib ul- Arba'a (the Fiqh of the four schools of thought), Al-Juzayri, Vol 5, p. 416]
The obligation of having an Islamic state or Khilafah is a definitive obligation in Islam just as the obligations of Salah, Zakah and Hajj, the rejection of which is apostasy from Islam. The ruling system of Islam is unique and is enshrined in the Islamic texts especially in the Sunnah of the Prophet (saw).
Dr. Taha Hussain (1889-1973 CE) from Egypt also rejected that Islam had a revealed political system. He said there was nothing divine in the Khilafah system except that the Khilafah was a contract between the Khulafah and the general body of Muslims and that Allah (swt) has commanded the Muslims to fulfil their contracts. According to him, beyond this the political system of early Islam had no divine sanction behind it.
He argued that the Quran and Sunnah did not lay down any political system either in outline or in detail. It laid down only general limits and then left the Muslims free to order their state affairs as they liked. The only condition was that they should not transgress the limits laid down in the Quran. In his view the Prophet (saw) did not give any specific political system to the Muslims. This view clearly contradicts the clear evidences, it is difficult to see how modernists today still see his views as credible.
The Prophet (saw) established the Islamic state in Madinah Munawwara, together with the basis it was built upon, its foundations, pillars, institutions, army and its domestic and foreign relationships. From the moment he arrived at Madinah he ruled over the Muslims, looked after their affairs, managed their matters and created the Islamic society. He also made a treaty with the Jews, Banu Dhamra and Banu Madlij, then with the Quraysh, with the people of Elat, Girba and Azrah. He gave the people a covenant that no one will be prevented from performing Hajj, and that no one is to be afraid in the month of Haram. He sent Hamza ibn `Abdul-Muttalib, ’Ubaydah ibn Harith, and Sa‘d ibn Abi Waqqas in expeditions to fight the Quraysh. He sent Zayd ibn Harithah, Ja‘far ibn Abi Talib, ‘Abdullah ibn Ruwahah to fight the Romans. He sent Khalid ibn al-Walid to fight the Domma of Jandal, and he (saw) himself led the army in numerous battles (Ghazwat), where he engaged in severe fighting.
He appointed Walis (governors) for the provinces, and ‘Amils (mayors) for the cities. He appointed Attab ibn Aseed over Makkah as well after its opening, and Bazan ibn Sasan as Wali over Yemen, after he became Muslim. He appointed Mu‘az ibn Jabal the Khazraji over Jund, and he appointed Khalid ibn Said ibn al-Aas as ‘Amil over San’aa, and Zayd ibn Labeed ibn Tha’laba Al-Ansari over Hadramut. He appointed Abu Musa Al-Ashari over Zabeed and Aden. He appointed Amr ibn Al-A’ass over Oman. Abu Dujana was ‘Amil for the Messenger (saw) over Madinah. When he (saw) would appoint Walis he would choose them from those who were suitable for the job they were responsible for, and they would infuse the hearts of their subjects with Iman, and he (saw) used to ask them about the way they would act in their ruling.
It is narrated, “that when the Messenger of Allah (saw) sent Mu’az to Yemen he (saw) said to him: “How would you judge if a matter was raised to you?” He said: ‘By the Book of Allah.’ He (saw) said: “If you do not find it in the Book of Allah?” He said: ‘I would judge by the Sunnah of Rasool Allah (saw).’ He (saw) said: “If you did not find it in the Sunnah of Rasool Allah? He said: I would perform my own Ijtihad, sparing no effort in doing that.” He said: ‘He (the Messenger of Allah (saw)) hit his hand on my chest and said: “Praise be to Allah who helped the messenger of the Messenger of Allah in that which pleases Rasool Allah.” [Al Baihaqi, Ahmad & Abu Dawud]
It was narrated from Saad from Amru ibn Awf that the Messenger (saw) appointed Iban ibn Said ibn Al-Aas over Bahrain and he said to him: “Take care of Abdul Qais and respect their leaders.”
He (saw) used to send Walis from the best of those who embraced Islam. He used to order them (the Walis) to teach Islam to those who had accepted Islam, and to take Sadaqat from them. He would delegate the Wali, on numerous occasions, the job of levying of taxes, and He (saw) would command him to exhort the people with good, teach them the Qur’an, educate them in the Deen, and he advised him to be lenient with the people in the truth and be hard against them in situations of injustice. He (saw) also ordered the Walis to forbid the people from calling to their tribes when there was agitation between the people, so that their call be to Allah alone without partner. He (saw) told the Walis to take a fifth of the wealth and what was obliged upon the Muslims of Sadaqat. And that whoever accepted Islam sincerely from the Jews or the Christians and submitted to the Deen of Islam, he would be a believer whose rights are like their rights and his obligations are like their obligations; and whoever remained a Jew or a Christian, he should not be tempted from his Deen.
Muslim and Al-Bukhari narrated from Ibn Abbas that when the Messenger of Allah (swt) sent Mu’az to Yemen he said: “You will be appointed over tribes from the people of the Book so let the first matter you call them to be the worship of Allah (swt). If they recognised Allah (swt) then inform them that Allah (swt) has obliged on them five prayers in the day and night. If they did that tell them that Allah (swt) obliged on them Zakat which is taken from their wealthy people and paid to their poor people. If they obeyed, take (Zakat) from them and stay away from their best property”
In another narration, they added: “And protect yourself of the prayer (du’a) of the wronged (person), for there is no barrier between it and Allah (swt).”
He (saw), on some occasions, appointed specific people to deal with financial matters. Every year he (saw) would send ‘Abdullah ibn Ruwahah to the Jews of Khayber to assess their fruits. Al-Muwatta mentioned, “that the Messenger (saw) used to send Abdullah ibn Ruwahah to assess their fruits between him and them. Then he would say: if you would like, this is for you, or if you like it is for me. They used to take it”
Salman ibn Yassar said, ‘They gathered some of their women’s jewellery. Then they said: “This is for you and reduce from us and tolerate in the division”. Abdullah ibn Ruwahah said, “O’ people of the Jews! By Allah, from amongst the creatures of Allah (swt) hate you most, but this will not drive me to oppress you. As for the bribe you offered me it is illegal property (Suht) and we do not eat (take) it”. They said: By this (justice) the heavens and the Ardh (earth) stand.”
He (saw) used to inquire about the situation of the Walis and ‘Amils and he used to listen to what is reported to him of their news. He removed ‘Alaa ibn Al-Hadhrami who was his ‘Amil over Bahrain because a delegate from ‘Abd Qays complained about him. Ibn Sa’ad said, Mohammed Ibn Omar said: I was told from Amru ibn Awf, the ally of Bani Aamer ibn Luai that the Messenger of Allah (saw) sent Al-Alaa ibn Al-Hadhrami to Al-Bahrain, then he removed him from it, and sent Iban ibn Said as an Amil over it. Mohammed ibn Omar said: The Messenger of Allah (saw) had written to Al-Alaa ibn Al-Hadhrami to come to him together with twenty men of Abd Qais, so he came to him with them. Their leader was Abdullah ibn Awf Al-As and Al-Alaa appointed over Al-Bahrain after him Al-Munzir ibn Sawa. The delegation complained of Al-Alaa ibn Al-Hadhrami. So the Messenger of Allah (saw) removed him and appointed Iban ibn Said Al-Aas and said to him, “take care of Abd Al-Qais and respect their leaders”
He (saw) used to receive the full (financial) accounts of the Amils and would enquire about their revenues and expenses.
Al-Bukhari and Muslim narrated from Abi Hammeed As-Saidi that the Prophet (saw) appointed Ibn Al-Lutbiyyah over the Sadaqat of Bani Saleem. When he returned back to the Messenger of Allah (saw) and he revised accounts with him, he said: ‘This is what is yours, and this is a gift to me.’ The Messenger of Allah (saw) said: “Won’t you stay in your parents’ home and see if you get your present, if you say the truth ?”
Then the Messenger of Allah (saw) stood preaching to the people. So he praised Allah and glorified Him and said: “After all I appoint some men of you over some affairs in which Allah gave me authority. Then someone amongst you comes and says: This is for you and this is a gift given to me. Had he not sat in his fathers’s and mother’s home so as his gift comes to him if he says the truth. By Allah, no one of you would take of them (the Sadaqat) anything unduly but comes to Allah carrying it on the Day of Judgement. Beware, I will know any man who comes to Allah with a camel that brays and a cow that is mooing and a sheep that bleats. Then he raised his hands till I could see the whiteness of his armpits. Didn’t I convey?” Abu Dawud narrated from Bareeda from the prophet (saw), he said: “Whoever we appointed in his job and we provided him (some funds), so whatever he took unduly would be ghalool (misappropriation).
The people of Yemen complained of the length of Mua’z’s prayer, so the prophet (saw) restrained him. Al-Bukhari and Muslim narrated from Abi Masoud Al-Ansari, he said: A man said: ‘O Messenger of Allah (saw) I hardly attend the (Jama’a) prayer, because so and so person makes it long. As a response I have never seen the Prophet (saw) in any preaching more angry than he was then. He said: O people! You drive the people away. So whoever becomes Imam to the people let him lighten (the prayer), for there are amongst them the sick, the weak and the one who has a pressing need.’ In another narration by Muslim from Jabir, he (saw) said, “… O’ Mua’z! Are you a seducer (Fattan)…?”
He (saw) used to appoint judges to judge between the people. He appointed Ali ibn Abi Talib as a judge over Yemen. He also dispatched Mu‘az ibn Jabal and Abu Musa Al-Ashari as judges to Yemen. He asked the two of them: “By what would you judge? They replied that if they did not find the rule in the Book or the Sunnah then they would measure the matter with another, and they would act with that which is closer to the truth.” The Prophet (saw) consented with that, which indicates that he (saw) chose the judges and checked their method of judging.
He (saw) used to look after the affairs of the people and he appointed secretaries as heads of the departments. So Ali ibn Abi Talib was the secretary of agreements and peace treaties. Muaiqeeb ibn Abi Fatima was in charge of the Prophet’s official seal and he was the secretary for booty. Huzayfah ibn Al-Yaman used to assess the fruits of the Hijaz and Zubair ibn Al-Awaam used to record the funds of the Sadaqat, and Al-Mughira ibn Shu’abah used to record the debts and transactions, and Shurahbeel ibn Hasanah used to write the letters to the leaders of other States. So he appointed a secretary for each of the interests, however numerous these were. He (saw) used to make many consultations with his companions and he did not prevent himself from consulting the people of opinion and vision and those whom he witnessed of their intellect and honour, and showed their strong Iman and sacrifice in calling for Islam. There were seven people from the Quraish and seven from the Muhajireen who were: Hamza, Abu Bakr, Jafar, Umar, Ali, Ibn Masood, Salman, Amaar, Huzayfah, Abu Dharr, Al-Miqdad and Bilal. Ahmed narrated from Ali, he said: ‘I heard the Messenger of Allah (swt) say: “There was no prophet before me who was not given seven intelligent assistant chiefs, and I was given fourteen intelligent assistant chiefs, seven from Quraish and seven from Al-Muhajireen.” In another narration by Ahmed from Ali, he mentioned the names …Hamzah, Jafar, Ali, Hassan, Hussein, Abu-Bakr, Umar, Al-Miqdad, Abdullah ibn Masood, Abu Dharr, Huzaifah, Salmaan, Ammar and Bilal.
He (saw) also used to seek advice from other than these people, but these people mentioned are the ones he sought opinion from extensively. They were effectively the Majlis Ash-Shura (Consultative assembly). He (saw) put on the Muslims and others certain funds, on fruits and livestock which are: Zakat, Ushr, Fai, Kharaj, Jizya. The funds of spoils and booties were due to the Bait-Ul-Mal. Zakat was distributed on the eight types of people mentioned in the Qur’an and it was not given to other than them nor was it used to manage the affairs of the state. Funds for looking after the affairs of the people used to be from the revenues of Fai, Kharaj, Jizya and Booty, which were sufficient for running the state and preparing the army, thus the state did not feel that it had a shortage of funds.
In this way the Prophet (saw) established the structure of the Islamic state and he completed it in his life. He was the leader of the state and had assistants, Walis, judges, army, directors of departments, and a Majlis for Shura. This framework in its structure and functions is a method that must be followed. As a whole, it is proved by Tawatur (definitive transmission). The Prophet (saw) performed the actions of the leader of a state from the moment he arrived in Madina until his death, and Abu Bakr and ‘Umar were his assistants. The Sahabah consented after him on establishing a leader for the state who would succeed the Prophet (saw) in the leadership of the state only, and not in Messengership or Prophethood because he (saw) was the seal of the Prophets. Thus the Messenger (saw) established the whole structure of the state in his lifetime and he left behind the shape of ruling and complete structure of the state.
Abu Ismael al-Beirawi
Exposing the call for the reformation of Islam - Part 3
Example 3: The claim that Islam doesn’t have a ruling system
Ali Abdul Raziq (1888-1966 CE) of Egypt, a student of Muhammad Abduh attempted to confine Islam to ritual spiritual issues. He claimed that Islam did not define a ruling system or form of government thus denying the clear obligation of Khilafah (caliphate). He wrote in his book ‘al-Islam Wa Usul al Hukm’ (Islam and the principles of government):
"Islam is innocent of this insitution of the caliphate as Muslims commonly understand it. Religion has nothing to do with one form of government rather than another and there is nothing in Islam which forbids Muslims to destroy their old political system and build a new one on the basis of the newest conceptions of the human spirit and the experience of nations."
Islam, according to him, is a religion whose religious precepts are binding only on individual conscience and have nothing to do with power and politics. Thus religion and Siyasa (politics) are worlds apart. He claims the political history of the Muslims under the Khilafah contradicts the teachings of Islam which aims at personal salvation and operates within the confines of individual morality. This is why the extension of religion to political domain in the guise of what he calls ‘the theory of caliphate’ is taken by him to be the innovations of jurists and theologians.
It is clear that he was influenced by the orientalist, Sir Thomas Arnold. For example in 'al-Islam wa Usul al-Hukm' after attempting to prove that there is no daleel (evidence) for Khilafah in the Ayah:
''O you who believe! Obey Allah and obey the Messenger and those in authority from amongst you'' [TMQ 4:59]
He says on page 11, “If you want to find out more on this discussion then please refer to the book 'The Caliphate' by the scholar Sir Thomas Arnold. The explanation in chapter two and three of that book is excellent and convincing”.
The book of Sir Thomas Arnold is in fact full of contradictions and attempts to cast doubt on the definitive evidences of Islam. For example he says:
“When ten years later Umar received a mortal wound at the hand of an assassin, he is said to have appointed a body of electors, six in number, to choose a successor. Doubt has been cast on the truth of this story, and there is reason for thinking that Umar, like the Prophet Muhammad himself, left this matter entirely in the hands of those concerned.
The greatest living historian of Islam, Prince Caetani, has suggested that this story of Umar having nominated a body of electors was an invention of later times. In order to justify the practise that prevailed during the Abbasid period of first having a private proclamation of the Khalif in the presence of the magnates of the empire, at which they swore allegiance to the new sovereign, and following it up by the public proclamation, in which the populace received the communication of the election and gave assent by acclamation.” [The Caliphate, Sir Thomas W. Arnold, p. 21, Adams Publishers, New Delhi]
This is a ridiculous claim which contradicts accepted authentic narrations. The renowned scholar and historian Ibn Jarir al-Tabari (838–923) as well as others have reported the narrations about what occurred when Umar (ra) was wounded, Umar (ra) said:
"O group of Muhajireen! Verily, the Apostle of God died, and he was pleased with all six of you. I have, therefore, decided to make it (the selection of Khalifa) a matter of consultation among you, so that you may select one of yourselves as Khalifa. If five of you agree upon one man, and there is one who is opposed to the five, kill him. If four are one side and two on the other, kill the two. And if three are on one side and three on the other, then Abdur Rahman ibn Auf will have the casting vote, and the khalifa will be selected from his party. In that case, kill the three men on the opposing side. You may, if you wish, invite some of the chief men of the Ansar as observers but the khalifa must be one of you Muhajireen, and not any of them. They have no share in the Khilafah. And your selection of the new Khalifa must be made within three days." [Tareekh (History) of Al Tabari, Vol 3, pp. 294-295]
Raziq’s book quite opportunely it seems, was published a year after the Khilafah was destroyed in 1925. In it he went to great pains to argue that the verse mentioned earlier and other such hadith and ayat which command the obedience to a Khalifah do not establish the obligation to appoint a Khalifah. He argues that they apply only when an Imam (Khalifah) exists and if he does not exist then there is no obligation to appoint one. To prove this he adduced the following nonsensical argument: “Are we not ordered by the Shar’iah to be generous to beggars, respect the poor and treat them well and show kindness to them? So can anyone who has any intelligence say that this means the Shar’iah has obliged us to bring about paupers and orphans?” [al-Islam wa Usul al-Hukm, p.125-126, in edition published by al-Mu`assasa al-'Arabiyyah lid dirasaat wan nashr]
The argument he uses is irrational and demonstrates his lack of understanding of the Shariah evidences. Essentially he attempts to negate the obligation of establishing am Islamic authority on the pretext that if it does not exist we are not obliged to establish it as to claim such a think would analogous to claiming that the Shariah has obliged us to bring about beggars and orphans to fulfil the Islamic commands.
Such arguments to say the least are highly fatuous and cannot be considered as scholarly opinions for they disregard the fact that the ahkam (rules) come with their asbaab (causes). The sabab (cause) of obedience to parents is their existence and hence upon their death the sabab (cause) ceases which means the hukm of obedience also ceases. The same also applies to beggars and orphans in respect to the ahkam (rules) which came pertaining to them. But this is different when it comes to appointing a Khalifah because the sabab (cause) of the presence of a Khalifah is the presence of the jama'ah i.e. Ummah or community which has to look after its affairs by Islam. So if the community exists then Khalifah must exist to look after their affairs.
The Prophet (saw) said: ''It is not allowed for three people to be in a journey (fulaatin) without appointing one of them as an Ameer.'' [Musnad Ahmad]
This hadith makes it clear that whenever a collection of Muslims exist i.e. jama'ah it is prohibited for them to exist except with an ameer. Therefore it is an obligation to appoint an Ameer when there is any jama'ah. The existence of the jama'ah is the sabab (cause) of the obligation of appointing a Khalifah.
Imam Shawkani said, “If Islam prohibited any three Muslims to remain without an ameer, then how the whole Islamic ummah can remain without an Ameer?”
In fact the term jama'ah in the Islamic text means state, authority, and Khalifah. Let us look at the following hadith: Ibn Abbas narrated that Messenger (saw) said:
''The one who sees in his Ameer something which displeases him, let remain patient, for he who separates himself from the community (jama'ah) by even so much as a hand span and dies (in this state), he will die the death of Jahiliyyah.'' [Bukhari & Muslim]
Here disobedience and rebellion against the Khalifah is synonymous with separation from the jama'ah. This is because it is obligatory on the jama'ah to look after their affairs by Islam. Having a Khalifah present means this duty is being fulfilled. But if he is disobeyed this means the obligation of looking after their affairs by Islam is being neglected since he is the one who undertakes this task. So the jama'ah has to obey a Khalifah so that their affairs can be looked after. The reason why a Khalifah needs to exist is because the affairs cannot be looked after except by him. Thus, the sabab (cause) of the presence of a Khalifah is the presence of jamaa'ah which is obliged to look after its affairs by Islam. Hence, when the Messenger of Allah (saw) orders us to obey the Khalifah this means by Ishaarah (alluded meaning) it is obligatory to appoint a Khalifah. For how can the Fard (obligation) of ruling by Islam be accomplished if he did not exist. So it is wrong to say a Khalifah does not exist so we are not sinful for not appointing and obeying the Khalifah.
We can see the same point much more clearly in another narration by Ibn 'Abbas which uses the word Sultan instead of jamaa'ah:
''If anybody sees in his Ameer something which displeases him, he should remain patient, for he who separates himself from the authority (Sultan) by even so much as a hand span and dies thereupon, he would die the death of the days of ignorance.'' [Muslim]
Here we can see that separation from jamaa'ah and authority (sultan) are used synonymously. Authority (sultan) means the body which looks after the affairs. Jamaa'ah refers to the community whose affairs are looked after by the Khalifah. The key thing in both is the obligation of looking after of the affairs which necessitates the presence of a Khalifah.
It is reported that 'Umar b. al-Khattab said:
''There is no Islam without jamaa'ah and there is not jamaa'ah without Imaarah (leadership). And there is no Imaarah (leadership) without obedience.'' [Sunan of Darimi]
Meaning there is no looking after of the affairs of the jamaa'ah or authority (sultan) without an ameer (Imaarah) and naturally there can be no Ameer when there is no obedience to him. So the jamaa'ah in order to exist i.e. for its affairs to be looked after must appoint an Ameer. Consequently obedience to this Ameer is obligatory because the obligation of looking after the affairs is not possible without an Ameer. Thus, when the Prophet (saw) ordered us to give allegiance (bay'ah) or obey the Khalifah it has a greater meaning than when he orders us to feed the poor or look after our parents. We feed the poor because they are poor and we obey parents because they are parents. Thus when they cease to exist the hukm ceases. But our obedience to the Khalifah is because he looks after the affairs of the jamaa'ah which itself is an obligation. Thus when the Khalifah dies the obligation of obedience to him does not cease because the sabab (cause) of the obedience still exists which is the looking after of the affairs. This is the reason why the order to obey the Khalifah by Ishaarah (alluded meaning) means the order to appoint him.
Let us consider the following ayah:
''O you who believe! Obey Allah and obey the Messenger and those in authority from amongst you.” [4:59]
Here we are obliged to obey those in authority because they are the ones who look after the affairs. So obedience is due as long the ruler looks after the affairs of the people by Islam. Since looking after affairs by Islam is Fard then the obedience to them indicates by Ihsraah that they need to exist. In another hadith this point is made even more clearer:
The Prophet (saw) said: ''Even if a slave was appointed over you who leads you with the Book of Allah then hear and obey.'' [Muslim]
Here to emphasise the obedience to the one who looks after the affairs we are commanded in the style of mubaalagha (exaggeration) to obey even if the ameer is a slave i.e. obedience is due because he looks after the affairs which is an obligation. Hence the order to obey indicates by ishaarat an-nass (alluded meaning from the text) the obligation of his presence.
Furthermore there are clear evidences from the Quran, Sunnah and Ijma as-Sahaba that establish the obligation of having a Khilafah, the Islamic government. Allah (swt) says:
"But no, by your Lord, they will not have Eeman until they make you (O Prophet) rule between them in that wich they dispute, and they find in their souls no resistance against your decisions, but accept them with the fullest conviction." [TMQ 4:65]
"Indeed, we have revealed to you the book with the truth so that you may rule between mankind by that which Allah has shown you." [TMQ 4:105]
"So rule between them by that which Allah has revealed, and follow not their desires, but beware of them in case they seduce you from just some part of that which Allah has revealed to you." [TMQ 4:49]
"Whosoever does not rule by that which Allah has revealed, they are disbelievers (Kafiroon).....the thaalimoon (oppressors)....the fasiqoon (evil doers)." [TMQ 5:44-47]
These ayaat (verses) of Qur'an, and many others, prove beyond doubt the obligation of ruling by what Allah has revealed. The first one in particular refers to the Muslims directly by stating that we have no real Imaan (belief) until we make them judge between us by Allah's revelation. This is an indication of the obligation for all Muslims to establish Allah's ruling system.
Abu Hazim 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 will number many". They asked: what then do you order us? He said: "fulfil allegiance to them one after the other. Give them their dues. Verily Allah will ask them about what he entrusted them with.” [Muslim]
This hadith is a clear statement of the fact that the form of government in Islam, after the Prophet (saw) is the Khilafah, and not an Islamic Republic, Islamic Socialist Republic or Islamic emirate. This understanding is supported by numerous other hadith that indicate the only system of government in Islam is the Khilafah.
It is narrated from Abdullah bin 'Umar that the Prophet (saw) said, "One who dies without having bound himself by an oath of allegiance (to a Khalifah) will die the death of one belonging to the days of ignorance (Jahiliyah)". [Muslim]
It is narrated on the authority of Umar that the Prophet (saw) said, "Whosoever dies and he does not have over him an Imaam, he dies the death of Jahilyyah". [Ahmad, Ibn Abi 'Asim, Tabarani & Abu Nu'aym]
It is narrated from Ibn Umar that the Prophet (saw) said, “Whoever dies while there was no Imaam of a Jamaa'ah ruling over him, his death would be that of the days of Jahiliyyah.” [Mustadrak of al-Hakim]
Thus the Prophet (saw) made it compulsory that every Muslim should have over him an Imam, which is also represented by having a pledge of allegiance (bayah) on his or her neck. From the texts we know that the pledge of allegiance is not given to anyone except the Khalifah. The Ahadeeth inform us that those who run the affairs of Muslims are Khulafah (sometimes referred to as Amir ul-Mu'mineen or the Imam). Therefore, these texts clearly indicate a command to establish or appoint them.
The reputed scholar al-Taftazani (d. 1389 CE) said, “There is ijma (consensus) that appointing an Imam is wajib (obligatory)…The adoption (i.e. correct position) is that it is obligatory upon the servants by textual evidence because of the saying of the Messenger (saw), "Whoever dies not having known the Imam of his time, dies the death of the days of Jahiliyyah (Ignorance)." Also, the ummah agreed that this was the most important duty following the death of the Messenger (saw), so important in fact that they considered it more important than the matter of his burial, and so also has it been after the death of each Imam. And they must appoint someone, for so many Shari‘ah obligations depend on this duty.”
He then quotes the noted Hanafi scholar al-Nasafi (d. 1142 CE), “as he (i.e. al-Nasafi) indicated by his statement: ‘The Muslims simply must have an Imam, who will execute the rules, establish the hudud (penal system), defend the frontiers, equip the armies, collect the zakah, punish those who rebel (against the state) and those who spy and highwaymen, establish jumu‘ah and the two ‘Eids, settle the disputes among the servants (of Allah), accept the testimony of witnesses in matters of legal rights, give in marriage the young and the poor who have no family, and distribute the booty’
Taftazani adds: and similar matters which other individuals from the ummah are not allowed to be in charge of.” [Sharh al-Aqa'id al-Nasafiyyah (Commentary of Nasafi’s Essay on the Creed), Translated from the Cairo edition of 1335 AH, p. 142-143]
Al-Haythami (d. 1405 CE) said, “It is known that the Sahabah (ra) consented that selecting the Imaam after the end 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 the burial of the Prophet (saw).” [Sawaa'iq ul-haraqah: 17, al-Haythami]
In fact this obligation has not been disputed by any accepted Mujtahid in history.
Imam an-Nawawi (d. 1278 CE) said, "(The scholars) consented that it is an obligation upon the Muslims to select a Khaleefah.” [Sharhu Sahih Muslim, An-Nawawi, Vol 12, p. 205]
Al-Qurtubi (d. 1273 CE) said, "The Khilafah is the pillar upon which other pillars rest.”
Imaam al-Ghazali (d. 1111 CE) when writing of the potential consequences of losing the Khilafah said, "The judges will be suspended, the Wilayaat (provinces) will be nullified, ... the decrees of those in authority will not be executed and all the people will be on the verge of Haraam.” [Al Iqtisaad fil Itiqaad, Abu Hamid al-Ghazali, p. 240]
Sharastani said, “It never came to his mind or the mind of anybody that it is allowed for the earth to have no Imam.”
Ibn Taymiyyah (d. 1328 CE) said, "It is obligatory to know that the office in charge of commanding over the people (ie. the Khilafah post) is one of the greatest obligations of the Deen. In fact, there is no establishment of the Deen except by it....this is the opinion of the salaf (pious predecessors), such as al-Fadl ibn 'Iyaad, Ahmed ibn Hanbal and others.” [Siyaasah Shariyyah, Ibn Taymiyyah]
Al-Amidi (d. 1233 CE) said, “The legal view of the people of truth amongst Muslims is that appointing an Imam and following him is obligation upon Muslims.”
Al-Mawardi (d. 1058 CE) said, "The contract of the Imamah (leadership) for whoever is standing with it, is an obligation by Ijmaa'a (consensus)". [al-Ahkam as-Sultaniyyah, Abu al-Hasan al-Mawardi, Arabic edition, p. 56]
Imam Ahmad ibn Hanbal (d. 855 CE) said, "The Fitna (mischief and tribulations) occurs when there is no Imaam established over the affairs of the people".
Ibn Khaldun (d. 1406 CE) said in al-Muqadimmah, “The appointment of an Imam is obligatory, and this obligation is understood in the shar’ through the ijmaa’ of the Sahabah and tabi’een.”
One of the most respected scholars of the Indian subcontinent, Shah Waliullah Dehlavi (d. 1762 CE) said in ‘Izalat al Khafa’, "Khilafah is the leadership of people united in a commonwealth which comes into existence for the establishment of the Deen including revival of religious branches of learning, institution of Islamic ritual observances, organization of jihad… marshalling an army, remunerating the combatants, creating a judicial system and enforcing the laws, curbing of crimes… All these functions have to be performed by it as if it were deputising and representing the Prophet (saw).”
Imam Al-Juzayri, an expert on the Fiqh of the four great schools of thought said regarding the four Imams, "The Imams (scholars of the four schools of thought- Shafi'i, Hanafi, Maliki, Hanbali)- may Allah have mercy on them- agree that the Imamah (Leadership) is an obligation, and that the Muslims must appoint an Imam who would implement the deen's rites, and give the oppressed justice against the oppressors." [Fiqh ul-Mathahib ul- Arba'a (the Fiqh of the four schools of thought), Al-Juzayri, Vol 5, p. 416]
The obligation of having an Islamic state or Khilafah is a definitive obligation in Islam just as the obligations of Salah, Zakah and Hajj, the rejection of which is apostasy from Islam. The ruling system of Islam is unique and is enshrined in the Islamic texts especially in the Sunnah of the Prophet (saw).
Dr. Taha Hussain (1889-1973 CE) from Egypt also rejected that Islam had a revealed political system. He said there was nothing divine in the Khilafah system except that the Khilafah was a contract between the Khulafah and the general body of Muslims and that Allah (swt) has commanded the Muslims to fulfil their contracts. According to him, beyond this the political system of early Islam had no divine sanction behind it.
He argued that the Quran and Sunnah did not lay down any political system either in outline or in detail. It laid down only general limits and then left the Muslims free to order their state affairs as they liked. The only condition was that they should not transgress the limits laid down in the Quran. In his view the Prophet (saw) did not give any specific political system to the Muslims. This view clearly contradicts the clear evidences, it is difficult to see how modernists today still see his views as credible.
The Prophet (saw) established the Islamic state in Madinah Munawwara, together with the basis it was built upon, its foundations, pillars, institutions, army and its domestic and foreign relationships. From the moment he arrived at Madinah he ruled over the Muslims, looked after their affairs, managed their matters and created the Islamic society. He also made a treaty with the Jews, Banu Dhamra and Banu Madlij, then with the Quraysh, with the people of Elat, Girba and Azrah. He gave the people a covenant that no one will be prevented from performing Hajj, and that no one is to be afraid in the month of Haram. He sent Hamza ibn `Abdul-Muttalib, ’Ubaydah ibn Harith, and Sa‘d ibn Abi Waqqas in expeditions to fight the Quraysh. He sent Zayd ibn Harithah, Ja‘far ibn Abi Talib, ‘Abdullah ibn Ruwahah to fight the Romans. He sent Khalid ibn al-Walid to fight the Domma of Jandal, and he (saw) himself led the army in numerous battles (Ghazwat), where he engaged in severe fighting.
He appointed Walis (governors) for the provinces, and ‘Amils (mayors) for the cities. He appointed Attab ibn Aseed over Makkah as well after its opening, and Bazan ibn Sasan as Wali over Yemen, after he became Muslim. He appointed Mu‘az ibn Jabal the Khazraji over Jund, and he appointed Khalid ibn Said ibn al-Aas as ‘Amil over San’aa, and Zayd ibn Labeed ibn Tha’laba Al-Ansari over Hadramut. He appointed Abu Musa Al-Ashari over Zabeed and Aden. He appointed Amr ibn Al-A’ass over Oman. Abu Dujana was ‘Amil for the Messenger (saw) over Madinah. When he (saw) would appoint Walis he would choose them from those who were suitable for the job they were responsible for, and they would infuse the hearts of their subjects with Iman, and he (saw) used to ask them about the way they would act in their ruling.
It is narrated, “that when the Messenger of Allah (saw) sent Mu’az to Yemen he (saw) said to him: “How would you judge if a matter was raised to you?” He said: ‘By the Book of Allah.’ He (saw) said: “If you do not find it in the Book of Allah?” He said: ‘I would judge by the Sunnah of Rasool Allah (saw).’ He (saw) said: “If you did not find it in the Sunnah of Rasool Allah? He said: I would perform my own Ijtihad, sparing no effort in doing that.” He said: ‘He (the Messenger of Allah (saw)) hit his hand on my chest and said: “Praise be to Allah who helped the messenger of the Messenger of Allah in that which pleases Rasool Allah.” [Al Baihaqi, Ahmad & Abu Dawud]
It was narrated from Saad from Amru ibn Awf that the Messenger (saw) appointed Iban ibn Said ibn Al-Aas over Bahrain and he said to him: “Take care of Abdul Qais and respect their leaders.”
He (saw) used to send Walis from the best of those who embraced Islam. He used to order them (the Walis) to teach Islam to those who had accepted Islam, and to take Sadaqat from them. He would delegate the Wali, on numerous occasions, the job of levying of taxes, and He (saw) would command him to exhort the people with good, teach them the Qur’an, educate them in the Deen, and he advised him to be lenient with the people in the truth and be hard against them in situations of injustice. He (saw) also ordered the Walis to forbid the people from calling to their tribes when there was agitation between the people, so that their call be to Allah alone without partner. He (saw) told the Walis to take a fifth of the wealth and what was obliged upon the Muslims of Sadaqat. And that whoever accepted Islam sincerely from the Jews or the Christians and submitted to the Deen of Islam, he would be a believer whose rights are like their rights and his obligations are like their obligations; and whoever remained a Jew or a Christian, he should not be tempted from his Deen.
Muslim and Al-Bukhari narrated from Ibn Abbas that when the Messenger of Allah (swt) sent Mu’az to Yemen he said: “You will be appointed over tribes from the people of the Book so let the first matter you call them to be the worship of Allah (swt). If they recognised Allah (swt) then inform them that Allah (swt) has obliged on them five prayers in the day and night. If they did that tell them that Allah (swt) obliged on them Zakat which is taken from their wealthy people and paid to their poor people. If they obeyed, take (Zakat) from them and stay away from their best property”
In another narration, they added: “And protect yourself of the prayer (du’a) of the wronged (person), for there is no barrier between it and Allah (swt).”
He (saw), on some occasions, appointed specific people to deal with financial matters. Every year he (saw) would send ‘Abdullah ibn Ruwahah to the Jews of Khayber to assess their fruits. Al-Muwatta mentioned, “that the Messenger (saw) used to send Abdullah ibn Ruwahah to assess their fruits between him and them. Then he would say: if you would like, this is for you, or if you like it is for me. They used to take it”
Salman ibn Yassar said, ‘They gathered some of their women’s jewellery. Then they said: “This is for you and reduce from us and tolerate in the division”. Abdullah ibn Ruwahah said, “O’ people of the Jews! By Allah, from amongst the creatures of Allah (swt) hate you most, but this will not drive me to oppress you. As for the bribe you offered me it is illegal property (Suht) and we do not eat (take) it”. They said: By this (justice) the heavens and the Ardh (earth) stand.”
He (saw) used to inquire about the situation of the Walis and ‘Amils and he used to listen to what is reported to him of their news. He removed ‘Alaa ibn Al-Hadhrami who was his ‘Amil over Bahrain because a delegate from ‘Abd Qays complained about him. Ibn Sa’ad said, Mohammed Ibn Omar said: I was told from Amru ibn Awf, the ally of Bani Aamer ibn Luai that the Messenger of Allah (saw) sent Al-Alaa ibn Al-Hadhrami to Al-Bahrain, then he removed him from it, and sent Iban ibn Said as an Amil over it. Mohammed ibn Omar said: The Messenger of Allah (saw) had written to Al-Alaa ibn Al-Hadhrami to come to him together with twenty men of Abd Qais, so he came to him with them. Their leader was Abdullah ibn Awf Al-As and Al-Alaa appointed over Al-Bahrain after him Al-Munzir ibn Sawa. The delegation complained of Al-Alaa ibn Al-Hadhrami. So the Messenger of Allah (saw) removed him and appointed Iban ibn Said Al-Aas and said to him, “take care of Abd Al-Qais and respect their leaders”
He (saw) used to receive the full (financial) accounts of the Amils and would enquire about their revenues and expenses.
Al-Bukhari and Muslim narrated from Abi Hammeed As-Saidi that the Prophet (saw) appointed Ibn Al-Lutbiyyah over the Sadaqat of Bani Saleem. When he returned back to the Messenger of Allah (saw) and he revised accounts with him, he said: ‘This is what is yours, and this is a gift to me.’ The Messenger of Allah (saw) said: “Won’t you stay in your parents’ home and see if you get your present, if you say the truth ?”
Then the Messenger of Allah (saw) stood preaching to the people. So he praised Allah and glorified Him and said: “After all I appoint some men of you over some affairs in which Allah gave me authority. Then someone amongst you comes and says: This is for you and this is a gift given to me. Had he not sat in his fathers’s and mother’s home so as his gift comes to him if he says the truth. By Allah, no one of you would take of them (the Sadaqat) anything unduly but comes to Allah carrying it on the Day of Judgement. Beware, I will know any man who comes to Allah with a camel that brays and a cow that is mooing and a sheep that bleats. Then he raised his hands till I could see the whiteness of his armpits. Didn’t I convey?” Abu Dawud narrated from Bareeda from the prophet (saw), he said: “Whoever we appointed in his job and we provided him (some funds), so whatever he took unduly would be ghalool (misappropriation).
The people of Yemen complained of the length of Mua’z’s prayer, so the prophet (saw) restrained him. Al-Bukhari and Muslim narrated from Abi Masoud Al-Ansari, he said: A man said: ‘O Messenger of Allah (saw) I hardly attend the (Jama’a) prayer, because so and so person makes it long. As a response I have never seen the Prophet (saw) in any preaching more angry than he was then. He said: O people! You drive the people away. So whoever becomes Imam to the people let him lighten (the prayer), for there are amongst them the sick, the weak and the one who has a pressing need.’ In another narration by Muslim from Jabir, he (saw) said, “… O’ Mua’z! Are you a seducer (Fattan)…?”
He (saw) used to appoint judges to judge between the people. He appointed Ali ibn Abi Talib as a judge over Yemen. He also dispatched Mu‘az ibn Jabal and Abu Musa Al-Ashari as judges to Yemen. He asked the two of them: “By what would you judge? They replied that if they did not find the rule in the Book or the Sunnah then they would measure the matter with another, and they would act with that which is closer to the truth.” The Prophet (saw) consented with that, which indicates that he (saw) chose the judges and checked their method of judging.
He (saw) used to look after the affairs of the people and he appointed secretaries as heads of the departments. So Ali ibn Abi Talib was the secretary of agreements and peace treaties. Muaiqeeb ibn Abi Fatima was in charge of the Prophet’s official seal and he was the secretary for booty. Huzayfah ibn Al-Yaman used to assess the fruits of the Hijaz and Zubair ibn Al-Awaam used to record the funds of the Sadaqat, and Al-Mughira ibn Shu’abah used to record the debts and transactions, and Shurahbeel ibn Hasanah used to write the letters to the leaders of other States. So he appointed a secretary for each of the interests, however numerous these were. He (saw) used to make many consultations with his companions and he did not prevent himself from consulting the people of opinion and vision and those whom he witnessed of their intellect and honour, and showed their strong Iman and sacrifice in calling for Islam. There were seven people from the Quraish and seven from the Muhajireen who were: Hamza, Abu Bakr, Jafar, Umar, Ali, Ibn Masood, Salman, Amaar, Huzayfah, Abu Dharr, Al-Miqdad and Bilal. Ahmed narrated from Ali, he said: ‘I heard the Messenger of Allah (swt) say: “There was no prophet before me who was not given seven intelligent assistant chiefs, and I was given fourteen intelligent assistant chiefs, seven from Quraish and seven from Al-Muhajireen.” In another narration by Ahmed from Ali, he mentioned the names …Hamzah, Jafar, Ali, Hassan, Hussein, Abu-Bakr, Umar, Al-Miqdad, Abdullah ibn Masood, Abu Dharr, Huzaifah, Salmaan, Ammar and Bilal.
He (saw) also used to seek advice from other than these people, but these people mentioned are the ones he sought opinion from extensively. They were effectively the Majlis Ash-Shura (Consultative assembly). He (saw) put on the Muslims and others certain funds, on fruits and livestock which are: Zakat, Ushr, Fai, Kharaj, Jizya. The funds of spoils and booties were due to the Bait-Ul-Mal. Zakat was distributed on the eight types of people mentioned in the Qur’an and it was not given to other than them nor was it used to manage the affairs of the state. Funds for looking after the affairs of the people used to be from the revenues of Fai, Kharaj, Jizya and Booty, which were sufficient for running the state and preparing the army, thus the state did not feel that it had a shortage of funds.
In this way the Prophet (saw) established the structure of the Islamic state and he completed it in his life. He was the leader of the state and had assistants, Walis, judges, army, directors of departments, and a Majlis for Shura. This framework in its structure and functions is a method that must be followed. As a whole, it is proved by Tawatur (definitive transmission). The Prophet (saw) performed the actions of the leader of a state from the moment he arrived in Madina until his death, and Abu Bakr and ‘Umar were his assistants. The Sahabah consented after him on establishing a leader for the state who would succeed the Prophet (saw) in the leadership of the state only, and not in Messengership or Prophethood because he (saw) was the seal of the Prophets. Thus the Messenger (saw) established the whole structure of the state in his lifetime and he left behind the shape of ruling and complete structure of the state.
Abu Ismael al-Beirawi
Exposing the call for the reformation of Islam - Part 3
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