subhan allah
salam my brother
what i have derived from this is that there is 4 principle to show an islamic state
so, (allhumdulillah you have backed your answer with evidences)
1) soveriegn is for Allah
2) authority is for the ummah
3) one kaleefah
4)Kaleefah has the right to adopt and enforce laws
i'm a bit puzzled,
a Dictator has the right to adopt and enforce laws, what is the diffrence between the dictator and a khailfah?
i will be happy if you could show the difference!
[QUOTE]
*Originally posted by clubber lang: *
13. Is the Khilafah the Only Structure of the Islamic System of Government?
Islam has determined the structure of Islamic government to be the system of Khilafah and it is the only system of ruling of the Islamic State. Muslim narrated about Abu Hazim, who said, “I accompanied Abu Hurayrah for five years and heard him talking of the Prophet’s saying: The Prophets ruled over Bani Israel, whenever a Prophet died another Prophet succeeded him, but there will be no Prophet after me. There will be Khulafa’a and they will number many.”
This hadith is a clear statement of the fact that the Islamic structure of government after the Messenger of Allah (Salallahu Alaihi Wasalaam) is the Khilafah. This fact is strengthened by evidence from numerous other ahadith that the Khilafah or Imamah is the only system of government in Islam, like the hadith, “After me there will be Imams” and the hadith, “If a bay’ah is taken for two Khaleefahs...” and other ahadith which all indicate that the system of government in Islam is the Khilafah only.
- Are Muslims all over the world allowed to have more than one Islamic State, or more than one Khaleefah?
The system of government in Islam, which is the system of Khilafah, is a unitary system of one state and not a federal system. And Muslims all over the world are not allowed to have more than one Islamic State, nor to have more than one Khaleefah who rules them by the Book of Allah (Subhaanahu Wa Ta’Ala) and the Sunnah of the Messenger of Allah (Salallahu Alaihi Wasalaam) i.e. he implements the Islamic Law, because Shari’ah evidences have established this and prohibited the existence of more than one state, as is narrated by ‘Abdullah ibn ‘Amr ibn al-’As, who said that he heard the Messenger of Allah (Salallahu Alaihi Wasalaam) say, “He who gave the bay’ah to an Imam giving him the clasp of his hand and the fruit of his heart shall obey him as long as he can, and if another person comes to dispute with him (his authority) you have to strike the neck of that person.” And as narrated by Abu Said al-Khudri, that the Messenger of Allah (Salallahu Alaihi Wasalaam) said, “If a bay’ah is taken for two Khaleefahs, kill the latter one”, and as narrated by ‘Arfajah that he heard the Messenger of Allah (Salallahu Alaihi Wasalaam) say, “If someone comes to you when you are united over one man and wants to break your strength and divide your unity, kill him.”
These ahadith are clear statements of the fact that Muslims cannot have more than one Khaleefah, and if another person tries to wrest his power it is necessary to kill that person. If bay’ah is taken for two persons, the first is considered the Khaleefah and the second is killed if he does not back out. If anyone disputed with the Khaleefah in order to break up the State or to put himself forward as Khaleefah, he should be killed.
These ahadith are also explicit that Muslims are not allowed to have more than one state and they are explicit in the necessity that the Islamic State is a state of unity, and not a state of union, made up of many units.
- What Are the Principles of Government in Islam
The Islamic system of government is based on four principles:
i. Sovereignty is for Allah (Subhaanahu Wa Ta’Ala) and not for the People
What controls and runs the Muslims and the Ummah is not the Muslims themselves, nor the Ummah, rather the choice of the Muslims and the Ummah is controlled by Allah’s orders and prohibitions only.
“Surely they will not believe until they make you the judge in what they disagree.” [TMQ 4:65]
“It is not for the believer (male or female) that when Allah and His Messenger have decided a matter that they should have any choice in their matter.” [TMQ 33:36]
“O you who believe! Obey Allah, obey the Messenger and the rulers from amongst you, and if you disagree on a matter then return it (for judgment) to Allah and the Messenger if you truly believe in Allah and the Last Day.” [TMQ 4:59]
And the Messenger of Allah’s (Salallahu Alaihi Wasalaam) saying, “None of you will be a (true) believer until his desire follows that which I have come with (i.e. Islam).”
These evidences are explicit in making the sovereignty for the Laws of Allah (Subhaanahu Wa Ta’Ala) and not for the Ummah.
ii. The Authority is for the Ummah
It is clear that the authority i.e. the government, is for the Ummah because it is apparent in the method, defined by the Law-Giver in appointing the Khaleefah by the Ummah through the bay’ah, and also from the fact that the Khaleefah takes the authority by the bay’ah and he governs the Ummah on her behalf. And the fact that the Khaleefah takes the bay’ah is a clear proof that the actual authority is from the Ummah, who gives it to whom she sees fit. There are also other explicit ahadith which state that the Ummah appoints the leader and gives a bay’ah to him. It is narrated by ‘Abdullah ibn ‘Amr that the Messenger of Allah (Salallahu Alaihi Wasalaam) said, “It is not allowed that three be in the open (during a journey) and that they do not make one of them their leader.”
It is clear here that the appointer is the Ummah. And the ahadith of bay’ah, already mentioned, clearly make the point that the authority is from the Ummah.
iii. There is only one Khaleefah
To appoint one Khaleefah upon all Muslims to represent them in the government is a duty of the Muslims and we have gone through many ahadith about the appointment of the Khaleefah and the necessity that the Khaleefah is one, a matter which was also indicated by the Ijma’a of the Sahabah.
iv. The Khalifah alone has the right to adopt and enforce Islamic opinions in the State
The Khaleefah is the one who issues the constitution and the various canons. The Ijma’a of the Sahabah proves that only the Khaleefah can adopt divine laws and from this consensus is deduced these famous principles: “The Imam’s order settles the differences” and “The Imam’s order is implemented” and “The Imam can put forward as many solutions as the (number of) problems which arise.”
- What Does the Structure of the Islamic State Consist Of
The structure of the Islamic State consists of the following components:
- The Khaleefah.
- Delegated Assistants.
- The Executive Assistants.
- The Amir of Jihad (army).
- The Walis (Governors).
- The Judiciary.
- The Administrative System.
- The Council of the Ummah.
These components have been taken from the Sunnah of the Messenger of Allah (Salallahu Alaihi Wasalaam), because he (Salallahu Alaihi Wasalaam) built the structure of the State, and he (Salallahu Alaihi Wasalaam) was the head of the State, and he (Salallahu Alaihi Wasalaam) ordered the Muslims to put for themselves a Khaleefah (after him) and he (Salallahu Alaihi Wasalaam) appointed Abu Bakr and ‘Umar as his assistants (as narrated in Tirmidhi), “My two wazirs from the people of the earth are Abu Bakr and ‘Umar.”
And wazir means the one who helps, and not the term Minister as used in the Western democracies. Similarly, the Messenger of Allah (Salallahu Alaihi Wasalaam) appointed commanders for war and jihad and appointed walis for the provinces. He appointed Mu’adh as a governor of Yemen and appointed A’ttab ibn Usayd as governor of Makkah after the conquest of Makkah. Similarly, he (Salallahu Alaihi Wasalaam) appointed judges to judge between people. He appointed ‘Ali ibn Abi Talib as a judge for Yemen and sent Rashid ibn ‘Abdullah as the amir of judiciary and Unjust Acts. As regards to the administration structure, he (Salallahu Alaihi Wasalaam) appointed secretaries for the public administrations, their rank being that of head of department. He appointed Mueqeeb ibn Abu Fatimah as secretary for the spoils of war and Hudhayfah ibn al-Yaman as secretary for collection of the zakat on the fruits of Hijaz.
As regards the Council of the Ummah, the Messenger of Allah (Salallahu Alaihi Wasalaam) did not always have a formal assembly, but he (Salallahu Alaihi Wasalaam) used to take advice from Muslims. He (Salallahu Alaihi Wasalaam) collected them on the day of Uhud and sought their advice. And sometimes he (Salallahu Alaihi Wasalaam) used to call specific persons on a continuous basis to seek their advice, and these were some of the leaders of their people (tribes), who included Hamzah, Abu Bakr, ‘Umar, Ja’far, ‘Ali, Ibn Mas’ud, Salman, ‘Ammar, Hudhayfah, Abu Dharr, al-Miqdad, Sa’d ibn ‘Ubadah and Sa’d ibn Mu’adh, and they were like an assembly whose advice was sought.
Similarly, the Messenger of Allah (Salallahu Alaihi Wasalaam) formed an army and he was its real commander and he (Salallahu Alaihi Wasalaam) also used to appoint commanders in some of his battles
[/QUOTE]