It's been over seven months, with 45,000+ civilians killed in P41estine the majority of whom are women and children. Similarly with Muslims worldwide (Burma, Kashmir, Uygurs in East Turkestan etc..), and the silence of "Muslim" rulers is deafening. The only solution is for Muslims to mobilize their armies and unite under a single umbrella of Khilafah, which is the promise of Allah SWT. If you are in a position of power, please raise your voice. If you can't do much, please consider donating to Palestine Red Crescent Society or any other charity organisations which you truly trust, JazakAllah khairan.

Islamic Ruling System

Islamic Ruling System (94)

 

 

The first edition of the book The Ruling System was written in the early 1950’s CE.Western culture had a great effect on the minds of the educated sons of the Muslims. One of its effects, which dominated their thinking, was that Islam is a spiritual religion that does not have a system that can solve the problems we face today, that there was no ruling system for the state, and the state that Islam had was merely religious and spiritual.

 

Those undertaking the work for Islam used to call for it with general thoughts that were not crystallised. They lacked the clarity in showing Islam as a complete system for life, state and society. They used to call for a return to Islam in an open and general manner without them having a clear vision in their minds as to what the systems of Islam were or the manner in which they were going to restore the ruling by Islam. The fact that ruling by what Allah has revealed could not be restored without the Khilafah was absent from their da’wah. That is why establishing the Khilafah and reinstating the ruling by what Allah has revealed did not find a place in their program of work.

 

At such a time a structure undertook the study of the situation of the Ummah at her present time and the condition she had reached. And it studied her history, power and the authority she had in the State that was the leading state in the world. It was a state that was established on the Islamic ‘aqeedah and Ahkam Shar’iah that emanate from it and which the State apply, implement and convey it as a Message to the world. Then this structure undertook an aware study of Islam from its original sources in the Qur’an and Sunnah and came to the following conclusion that Islam is a complete and comprehensive system that solves all of life’s problems. So it wrote books explaining all of this in a general manner without touching upon the details. Thus it wrote books on the systems of Islam, such as the ruling, economic and social system. And in writing these books it observed the practical aspect so that the Muslims realise that Islam is a practical ideology and a complete system fit for implementation, so that they adopt its systems and work to bring it back in the realm of life via the establishment of the Khilafah State. The Khilafah State is the only method for applying these systems in the reality of life.

 

The understanding of these thoughts and systems expanded. This was owing to the structure conveying them to the Muslims, continuously discussing and talking about them, and by referring to their sources to crystallise them. All of this was in order to establish them in the realm of life. These thoughts and concepts were no longer confined to being only broad guidelines or just giving a general picture; especially after Islam had become the expectation of Muslims and their object of hope in rescuing themselves from the situation they were in. This was after realising that Islam was the complete and comprehensive system that solves all of life’s problems. Likewise it became an incentive for them to learn more details of the Khilafah State that they work to establish and to know more details about the systems of Islam which the Khilafah State would implement upon them. This was the incentive for us to expand these books and enrich them with many details that hitherto were not present in the first edition.

 

Regarding the third edition of the book The Ruling System, we worked to expand it and demonstrate in a detailed manner the reality of the Khilafah State, its apparatus and tasks and whatever relates to it. We elucidated how the form of ruling in Islam is unique and distinct, differing with all other ruling systems existent in the world. In addition, we have set forth the principles of ruling in detail and the apparatus of the Khilafah State, the method and styles of appointing a Khaleefah. Also, we explained that the Khilafah State is a human state and not a divine state. We also mentioned the Mu’awinoon (Assistants) and their mandatory powers, and the ruling regarding Shura (consultation) and its mandatory powers. And we presented the clarification that it is obligatory to implement Islam completely and comprehensively and that it is forbidden to implement its rules gradually. Similarly we have shown how it is forbidden for the State to be a police state and when obedience to the ruler is obligatory and when it is forbidden, and when we are obliged to unsheathe the sword in his face and that we are obliged to account him in every instance. In the third edition we missed the chance of giving the reference for the Ahadith and confining to the text mentioned in the books of hadith. In taking many of the Ahadith we used to rely on the texts mentioned in the trustworthy and recognised books of fiqh (jurisprudence) but the books of fiqh would sometimes transmit a hadith by meaning only or just confine itself to a portion of the hadith that it used as an illustration or evidence. So when the third edition went out of print we undertook the task of finding the references of all the Ahadith mentioned in the book and we mentioned from where each hadith had been taken and we confined to the text stated in the books of hadith. We excluded every hadith whose authenticity or suitability as a proof was not assured for us. Likewise we are convinced of all the reports cited in the books from their sources. Any report we were not sure of or if we found it to be weak, we omitted it from the book. Similarly we corrected certain concepts and rules as a result of the discussions and reviews. As a result, the book came out in this form, which we present to the Muslims.

 

We pray to Allah that He grants in this book much goodness and that He quickly honours the Muslims by establishing the Khilafah State so that what has been mentioned in the book is put in application and implementation. Verily, for Allah that is not a hard matter.

 

15th of the sacred month of Muharram 1417 AH

 

1/6/1996 ‘

 

Abdul Qadeem Zalloom

 

 

 

The ruling system is built upon four principles which are:-

  1. Sovereignty is for the Shar’a, not for the Ummah.
  2. Authority is for the people.
  3. The appointment of one Khaleefah is an obligation upon all the Muslims.
  4. The adoption of the divine rules is the exclusive right of the Khaleefah, so he is the one who enacts the constitution and the various cannons

These are the principles of ruling in Islam without which ruling can’t exist. If any of these principles was absent then the ruling will vanish, meaning the Islamic ruling, i.e. the authority of Islam and not any ruling. These principles have been derived and backed by evidences from the Shari’ah.

The Khilafah is the general leadership over all the Muslims, in the whole world, whose responsibility is to implement the laws of Islam, and to convey the Islamic Message to the whole world. It is also known as the Imamah, so Imamah and Khilafah are synonymous. It is the shape that the Ahkam Shari’ah (divine laws) determine as the Islamic state. Many sahih Ahadith have been narrated using these two words, with the same meaning. None of these two words differed in their meaning from the other in any Shari’ah text i.e. the Qur’an and Sunnah, for they are the only divine texts. However, it is not binding to adhere to either of them, rather it is the meaning that has to be adhered to.

Appointing a Khaleefah is obligatory upon all Muslims throughout the world. Executing such a duty, just like executing any other duty which Allah (swt) has decreed on Muslims is compulsory, in which no choice or complacency is allowed. Failure in performing this duty is one of the gravest sins, which is deserving of Allah’s (swt) severe punishishment.

The evidence concerning the obligation of appointing a Khaleefah over all the Muslims is understood from the Sunnah and the Ijmaa’ of the Sahabah. As for the Sunnah, it has been narrated that Nafi’ said: ‘Umar told me: I heard the Messenger of Allah (pbuh) say:

“Whoever takes off his hand from an obedience to Allah, he will meet Him on the Resurrection Day without having any proof for himself; and whoever dies while there were no Bay’ah on his neck, his death would be that of the days of Jahiliyyah (ignorance).” [Narrated by Muslim] So the Messenger (pbuh) made it obligatory upon every Muslim to have a Bay’ah on his neck. He described the one who dies without having a Bay’ah on his neck as if he died the death of Jahiliyyah. The Bay’ah would not be valid except for the Khaleefah. The Messenger of Allah (pbuh) made it an obligation that every Muslim should have a Bay’ah on his neck for a Khaleefah, but he did not oblige every Muslim to give a Bay’ah to the Khaleefah. The obligation therefore, is the existence of a Bay’ah on the neck of every Muslim. This necessitates the existence of a Khaleefah, who, through his existence, is entitled to a Bay’ah (on the neck of every Muslim.) Thus, the existence of the Khaleefah is the issue that necessitates a Bay’ah on the neck of every Muslim, whether he actually gave the Bay’ah or not. Therefore, the Hadith is evidence that the appointment of a Khaleefah is obligation and that every Muslim is obliged to have Bay’ah on his neck; it is not an evidence suggesting that giving the Bay’ah is an obligation. This is because the Messenger of Allah (pbuh) rebuked the absence of the Bay’ah of allegiance on the neck of the Muslim till he dies, and not the abstention from giving the Bay’ah itself. Muslim narrated from Al-Araj from Abu Hurayrah from the Prophet (pbuh) that he (pbuh) said:

“Indeed the Imam is a shield, from whose behind (one) would fight, and by whom one would protect oneself.” Muslim also reported on the authority of Abu Hazim that he said: I accompanied Abu Hurayrah for five years, and heard him informing about the Prophet (pbuh), he said

“‘The prophets ruled over the children of Israel, whenever a prophet died another prophet succeeded him, but there will be no prophet after me. There will soon be Khulafaa’ and they will number many.” They asked; “what then do you order us?” He said: “Fulfill the Bay’ah to them, one after the other and give them their dues for Allah will verily account them about what he entrusted them with.” Muslim narrated that Ibn ‘Abbas reported that the Messenger of Allah (pbuh) said:

“If anybody sees in his Ameer something which displeases him, he should remain patient, for he who separates himself from the authority of Islam (Sultan) by even so much as a hand span and dies thereupon, he would die the death of the days of ignorance.”

In these Ahadith, there is a description of the Khaleefah as being a shield, i.e. a protection. The description of the Imam as a shield is an indication of the benefits of the existence of the Imam; therefore it is a command. This is because when Allah (swt) or His Messenger (pbuh) informs us about something that includes a rebuke this is taken as a command of prohibition i.e. to abstain from it. When the text contains praise it is taken as a command to perform an action; and if the commanded action is necessary to implement the divine rule, or if its neglect would cause the divine law to be abandoned, then this is decisive. These Ahadith also inform us that those who run the affairs of the Muslims are the Khulafaa’, which means a command of appointing them. They also include the prohibition of Muslims separating themselves from authority. This means the obligation that the Muslim establishes power, i.e. authority to the Khaleefah. However, the Messenger of Allah (pbuh) ordered the Muslims to obey the Khulafaa’ and to fight those who dispute with them regarding their authority, which means that it is an obligation to appoint a Khaleefah and protect his Khilafah by fighting those who dispute his authority. Muslim reported that the Messenger of Allah (pbuh) said:

“Whosoever gave a 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 comes to dispute with him, you must strike the neck of that man.” Therefore the command to obey the Imam is an order to appoint him. And the command to fight those who dispute with him is collaborating evidence that the command of maintaining the presence of one Khaleefah, is decisive.

As for the Ijmaa’ of the Sahabah, they (may Allah (swt) be pleased with them) agreed upon the necessity of establishing a successor (ie. Khaleefah), to the Messenger of Allah (pbuh), after his (pbuh) death. They all agreed to appoint a successor to Abu Bakr, and upon his death, appointing ‘Umar as successor and upon ‘Uthman’s death to appoint ‘Ali as a successor to him. The Ijmaa’ of the Sahabah on the appointment of a Khaleefah manifested itself emphatically upon the death of the Messenger of Allah (pbuh) where they busied themselves in appointing a successor to him even though it is known that the burial of the dead person after his death is obligatory. It is also prohibited upon those in charge of preparing the burial to engage themselves in anything else until they completed the burial. Despite this, some of the Sahabah engaged themselves in appointing a Khaleefah, even though they were obliged to engage themselves in preparing the burial of the Messenger of Allah (pbuh). Other Sahabah kept silent about this and participated in the delaying of the burial for two nights, despite having the ability to deny the delay and to bury the Messenger of Allah (pbuh). This action of the Sahabah is therefore an evidence of Ijmaa’ of busying themselves in the appointment of the Khaleefah instead of the burial of the dead person. This could not have been legitimate unless the appointment of a Khaleefah was more obligatory than the burial of the dead person. Furthermore, all of the Sahabah consented throughout their lives, upon the obligation of appointing the Khaleefah. Although at sometimes they differed about the person who should be selected as a Khaleefah, they never disagreed about the fact that a Khaleefah must be appointed, whether in the wake of the death of the Messenger of Allah (pbuh) nor after the death of each of the Khulafaa’ Ar-Rashidoon. Accordingly, the Ijmaa’ of the Sahabah is both strong and clear evidence that the appointment of a Khaleefah is obligatory.

Furthermore, establishing the deen and implementing the Shar’a in every single aspect of life is an obligation upon Muslims proven through evidences definite in report and in meaning, and this cannot be achieved unless there is a ruler who possesses the authority to do so. Therefore, in this context, the Shari’ah principle states: ‘Whatever is necessary to accomplish a duty, becomes itself a duty.’ Thus appointing the Khaleefah is obligatory based on this principle.

Furthermore, Allah (swt) commanded His Messenger (pbuh) to rule the Muslims by that which He (swt) revealed to him; the command of Allah (swt) was conveyed in the most decisive manner. Allah (swt) addressed His Messenger (pbuh);

“And rule between them by that which Allah (swt) has revealed to you, and do not follow their vain desires away from the truth which came to you.” [Al-Ma’idah: 48]

He (swt) also says;

“And rule by that which Allah has revealed to you and do not follow their whims, and beware that they may deviate you away from some part of that which Allah has revealed to you.” [Al-Ma’idah: 49]

The speech of Allah (swt) to His Messenger (pbuh) is also a speech to the Messenger’s followers, unless there exists evidence that indicates that the speech is limited to him. In this case there is no evidence limiting this speech to the Messenger of Allah (pbuh). Thus the verses call upon Muslims to establish the rule of Allah (swt). The appointment of a Khaleefah does not mean other than the establishment of the rule of Allah (swt) and the authority of Islam. Furthermore, Allah (swt) obliges the Muslims to obey those in authority, i.e. the rulers, which is an indication that the existence of a man in authority upon Muslims is obligatory. Allah (swt) says;

“O you who believe! Obey Allah and obey the Messenger and those in authority from amongst you.” [An-Nisa: 59]

Allah (swt) does not command obedience to those who do not exist, therefore the existence of a man in authority is Fard, because ruling with what Allah has revealed is an obligation. The order of Allah (swt) to obey those in authority is also an order to establish them. The implementation of the divine law depends on the presence of the ruler i.e. the man in authority, while neglecting his appointment results in the non-application of the Shar’a rules. Therefore his presence is compulsory, because that which results due to his absence is the negligence of the Shar’a rules.

These evidences are explicit in that the establishment of the ruling and the authority amongst Muslims is obligatory, and that the appointment of a Khaleefah who takes charge of the ruling and authority in order to implement the divine laws, not merely for the sake of the ruling and authority alone, is also compulsory. Let us contemplate the following hadith of the Messenger of Allah (pbuh):

“The best of your Imams are those whom you love and they love you, and you pray for them and they pray for you, and the worst of your Imams are those whom you hate and they hate you, and you curse them and they curse you. We asked: O Messenger of Allah! Shall we not then declare war on them? He said: No, as long as they establish Salah amongst you.” [Narrated by Muslim from Auf ibn Malik] This hadith explicitly informs about the good and bad leaders, and the prohibition of revolting against them as long as they established the salah. For establishing salah indicates upholding the deen and implementing its rules. Therefore the obligation upon Muslims to appoint a Khaleefah to implement the rules of Islam and to convey its message is beyond any doubt, with regards to its proof in the sound Shari’ah texts. Furthermore, this duty is obligatory because Allah (swt) made it compulsory upon Muslims to establish the authority of Islam and to protect the unity of the Muslims. However, this duty is a collective one; if some of the people accomplished it the duty would be fulfilled and the responsibility would be discharged from the rest of the Ummah. But if a section of the Ummah failed to accomplish this duty, though they undertook all the steps required to fulfil it, then it would remain as an obligation upon all the Muslims, and no one would be relieved of the duty as long as the Muslims remained without a Khaleefah.

To refrain from appointing a Khaleefah for Muslims is one of the gravest sins, for it is an abstention from fulfilling one of the most important duties of Islam. For upon this duty, rests the implementation of the rules of the deen and the very existence of Islam in life’s affairs. The Muslims would be committing a grave sin if they refrained from establishing a Khaleefah for themselves. If they all agreed to abandon the duty, the sin would fall upon every single Muslim in the entire world. If however some of the Muslims embarked upon the work to establish a Khaleefah whilst others did not, the sin would fall from the shoulders of those who work to establish the Khaleefah and the duty would remain upon them until the Khaleefah is appointed. The involvement in the work to accomplish the duty would remove the sin of delaying the accomplishment of the duty in its due time and the failure to fulfill it. This is because of the involvement in performing it and the dislike of being prevented from its accomplishment. Those who do not participate in the work to accomplish the duty will be sinful after three days from the departure of the Khaleefah until the day the next Khaleefah is appointed. This is because Allah (swt) has entrusted them with a duty they neither carried out nor participated in. Thus, they committed a sin and deserve the punishment and disgrace from Allah (swt). The sin would duly fall upon them for abstaining from working to establish the Khilafah, or from performing the actions that would naturally accomplish it. This is because any Muslim who fails to perform any of his duties quite evidently deserves punishment, particularly the duty by which other duties are implemented, the rules of the deen are established and the word of Allah (swt) is raised high in the lands of Islam and throughout the whole world.

Therefore, there is no excuse for any Muslim anywhere in the world from abstaining to perform that which Allah (swt) obliged on him so as to establish the deen. That is to work to appoint a Khaleefah for the Muslims when there is no Khilafah in the world, when there is no Khaleefah who implements the rules of Allah (swt) to protect the sanctities of Allah (swt), and establishes the rules of the deen, and unifies the Muslims under the banner of “La Ilaha Il Allah Muhammad Ar-Rasool Allah” (there is no God but Allah and Muhammad is His Messenger). There is no excuse in Islam that exempts anyone from working to perform this duty until it is accomplished.

The shape of the ruling system in Islam is not a federal one, where its regions separate by autonomy, but unite in the general ruling. It is rather a system of unity, where Marrakesh in the West is considered to be the same as Khurasan in the East; and the province of Al-Fayoom would be the same as Cairo if it were the Islamic capital. The finance of all the regions will be the same, as will their budget. Funds are spent equally on the affairs of the subjects, regardless of their wilayah. If for instance, the revenues of a single wilayah were double its needs, the funds spent will be in accordance with the needs of the wilayah but not in accordance with its revenues. If another wilayah’s revenues fell short of its needs, this would not be taken into consideration, and funds will be spent to satisfy the wilayah’s needs from the general budget whether it raised enough revenues or not.

Therefore the ruling system is unitary and not a federation. That is why the Islamic ruling system is distinguished from other known systems, in its origin and basis, even if some of its aspects were similar to some of the aspects of other ruling systems. Furthermore, the Islamic system is centralised in its ruling, where the high authority is at the centre, and where the authority and power engulfs every single part of the state, no matter how small or large it is. Independence of any part of it is not allowed thus preventing disintegration. The high authority is the body that appoints the army commanders, the Wulah, rulers and finance and economy officials. He appoints judges in all the regions and everyone whose duties is to rule. He is the one who deals with ruling throughout the land.

In summary the ruling system in Islam is a Khilafah system. The general ijmaa’ about the unity of the Khilafah and the state has been established, that it is not allowed to give the Bay’ah to more than one Khaleefah. Every imam, faqih (Jurist) and mujtahid (Scholar) has agreed on this. If another Khaleefah is given the pledge, while a Khaleefah is in office or a Khaleefah had already been given a pledge, the second one should be fought until he himself gives the pledge of allegiance to the first Khaleefah or he is killed, for the pledge has been confirmed lawfully to the one who was given Bay’ah first.

The Imperial system of government is completely inconsistent with the Islamic one. The regions ruled by Islam - although composed of various races and linked to one central place - are not ruled by an Imperial system but by a system contradictory to the Imperial system. The Imperial system does not treat races equally in the various regions of the empire, rather gives privileges, in the ruling, finance and economy to the centre of the empire. The Islamic way of ruling is to establish equality between the subjects in all the regions of the State. Islam grants non-muslims who hold citizenship, the full rights and duties that Muslims have. They enjoy the same fairness as Muslims and are subject to the same accountability as them. Furthermore, every single citizen, regardless of his or her creed, enjoys rights that even a Muslim living abroad who holds no citizenship does not enjoy. With this equality, the Islamic system differs completely from the Imperial one. It does not make the regions under its rule into colonies, areas of exploitation, nor a source of wealth funneled back into the central region for it’s own benefit, no matter how far apart they were, and no matter how different their races were. It considers every single region as an indivisible part of the State and its citizens enjoy the same rights as those in the central region. It also makes the ruling authority, its system and its legislation the same in all the regions.

The shape of the Islamic ruling system is not republican. The republican system is based on democracy, where sovereignty is given to the people. Thus, the people have the right of ruling and legislation, and they reserve the right to appoint the ruler and remove him. They reserve the right to lay down a constitution and enact laws and to abolish, alter or modify both the constitution and the laws.

In contrast, the Islamic ruling system is based on the Islamic ‘aqeedah and on the Shari’ah laws. The sovereignty is to the Shar’a of Allah (swt) and not to the Ummah. So the Ummah has no right to legislate nor does the Khaleefah. The sole legislator is Allah (swt), and the Khaleefah has the right only to adopt rulings for the constitution and cannons that are derived from the Book of Allah (swt) and the Sunnah of His Messenger (swt). Also the Ummah has no right to remove the Khaleefah; what removes him is the Shar’a. However, the Ummah has the right to appoint him, for Islam gave the authority and power to her, so she has been given the authority and power to select and give the Bay’ah to whomever she wishes.

In the Presidential form of the Republican system, the president of the republic holds the mandatory powers of the head of state. He does not have in his cabinet a prime minister, but secretaries of state, as in the United States. In the parliamentary form, the president has a prime minister, and the mandatory ruling powers are in the hands of the ministerial cabinet not the president of the republic, as in Germany.

In the Khilafah system there are no ministers, nor a council of ministers working with the Khaleefah, as is the case in the democratic system, where ministers have special portfolios and mandatory powers of their own. Instead the Khaleefah has Mu’awinoon whom he appoints to assist him in assuming the functions of the Khilafah and discharging its duties. They are delegated and executive assistants. The Khaleefah heads them in his capacity as the head of state and not a prime minister, nor as a head of an executive body. The Khaleefah has no council of ministers working with him, since he has all the mandatory powers and the assistants merely help him in executing his mandatory powers.

Besides, in both types of the republican system, the presidential and parliamentary, the president is accountable to his people and their representatives. The people and their representatives have the right to remove him since the sovereignty in the republican system belongs to the people.

This is contrary to the Imarah of the believers. The Ameer of the believers is responsible before the Ummah and her representatives and is accountable to the Ummah and her representatives. Nonetheless the Ummah and her representatives have no right to remove him. He can only be removed if he violates the Shar’a in a way that his removal becomes obligatory, the Court of Unjust Acts alone is the one that decides this.

In the republican system, whether it is presidential or parliamentary, the term of the presidency is fixed and cannot be exceeded.

Whereas, the Khilafah system does not determine the Khaleefah’s term of office. This is rather determined by his implementation of Shar’a. So long as the Khaleefah is implementing the rules of Islam, that are derived from the Book of Allah, and the Sunnah of His Messenger, he remains a Khaleefah, regardless of how long his Khilafah term lasts. If the Khaleefah violated the Shar’a, and deviated from implementing the rules of Islam, his term in office would be terminated even if it were one month or one day; and he must in this instance be removed immediately.

We conclude, therefore, that there is a great difference between the Khilafah system and the republican system and between the Khaleefah and the president of a republic.

It is, therefore, absolutely forbidden to claim that the Islamic system is a republican system, or to use the term ‘Islamic Republic’, for there exists a great contradiction between the foundations upon which the two systems are founded, in addition to the difference between them in there shape and details.

The shape of the Islamic ruling system is not monarchical. It neither approves of the monarchical shape of government nor does it resemble it. 

The ruling in the monarchical system of government is hereditary where sons inherit the authority from their fathers the same way they inherit their legacy. Whereas in the ruling system of Islam, there is no concept of hereditary ruling, rather the ruling is held by whomever the Ummah gives her pledge (of allegiance) to, willingly and selectively.

The monarchical system allows the monarch special privileges and rights exclusive to him, and places him above the law and makes him personally answerable to no one. He is made the symbol of the nation, where he owns but does not rule like the monarchs of Europe; or he owns and rules, and even becomes the source of the rules, thus running the country and the people as he wishes, like the kings of Saudi Arabia, Morocco and Jordan.

The Islamic system however does not assign to the Khaleefah or the Imam any special privileges or rights, so he is treated the same as any citizen of the Ummah. He is not the symbol of the Ummah where he` owns and does not rule nor is he a symbol who rules and runs the affairs of the people and country as he pleases. He is a representative of the Ummah in ruling and power, where the Ummah selects him and gives him the pledge of allegiance willingly so as to implement on her the shar’a of Allah (swt). He is restricted in all his actions, judgements and looking after the affairs of the Ummah and her interests by the divine rules.

There is also no crown princeship in the ruling system of Islam. Islam abhors hereditary ruling and forbids that the ruling be taken by legacy. The Khaleefah only assumes the ruling when the Ummah willingly gives him the pledge of allegiance.

The Islamic ruling system is distinct from all other existing ruling systems in the world. It is unique in terms of the basis upon which it is built. As a result it is distinct in the thoughts, concepts, criteria and laws by which it looks after the affairs, the constitution and cannons which it implements and executes, and in the shape by which the state is represented and distinguished from all other shapes of ruling in the whole world.

The first edition of the book The Ruling System was written in the early 1950’s CE.Western culture had a great effect on the minds of the educated sons of the Muslims. One of its effects, which dominated their thinking, was that Islam is a spiritual religion that does not have a system that can solve the problems we face today, that there was no ruling system for the state, and the state that Islam had was merely religious and spiritual.

Those undertaking the work for Islam used to call for it with general thoughts that were not crystallised. They lacked the clarity in showing Islam as a complete system for life, state and society. They used to call for a return to Islam in an open and general manner without them having a clear vision in their minds as to what the systems of Islam were or the manner in which they were going to restore the ruling by Islam. The fact that ruling by what Allah (swt) has revealed could not be restored without the Khilafah was absent from their da’wah. That is why establishing the Khilafah and reinstating the ruling by what Allah (swt) has revealed did not find a place in their program of work.

At such a time a structure undertook the study of the situation of the Ummah at her present time and the condition she had reached. And it studied her history, power and the authority she had in the State that was the leading state in the world. It was a state that was established on the Islamic ‘aqeedah and Ahkam Shar’iah that emanate from it and which the State apply, implement and convey it as a Message to the world. Then this structure undertook an aware study of Islam from its original sources in the Qur’an and Sunnah and came to the following conclusion that Islam is a complete and comprehensive system that solves all of life’s problems. So it wrote books explaining all of this in a general manner without touching upon the details. Thus it wrote books on the systems of Islam, such as the ruling, economic and social system. And in writing these books it observed the practical aspect so that the Muslims realise that Islam is a practical ideology and a complete system fit for implementation, so that they adopt its systems and work to bring it back in the realm of life via the establishment of the Khilafah State. The Khilafah State is the only method for applying these systems in the reality of life.

The understanding of these thoughts and systems expanded. This was owing to the structure conveying them to the Muslims, continuously discussing and talking about them, and by referring to their sources to crystallise them. All of this was in order to establish them in the realm of life. These thoughts and concepts were no longer confined to being only broad guidelines or just giving a general picture; especially after Islam had become the expectation of Muslims and their object of hope in rescuing themselves from the situation they were in. This was after realising that Islam was the complete and comprehensive system that solves all of life’s problems. Likewise it became an incentive for them to learn more details of the Khilafah State that they work to establish and to know more details about the systems of Islam which the Khilafah State would implement upon them. This was the incentive for us to expand these books and enrich them with many details that hitherto were not present in the first edition.

Regarding the third edition of the book The Ruling System, we worked to expand it and demonstrate in a detailed manner the reality of the Khilafah State, its apparatus and tasks and whatever relates to it. We elucidated how the form of ruling in Islam is unique and distinct, differing with all other ruling systems existent in the world. In addition, we have set forth the principles of ruling in detail and the apparatus of the Khilafah State, the method and styles of appointing a Khaleefah. Also, we explained that the Khilafah State is a human state and not a divine state. We also mentioned the Mu’awinoon (Assistants) and their mandatory powers, and the ruling regarding Shura (consultation) and its mandatory powers. And we presented the clarification that it is obligatory to implement Islam completely and comprehensively and that it is forbidden to implement its rules gradually. Similarly we have shown how it is forbidden for the State to be a police state and when obedience to the ruler is obligatory and when it is forbidden, and when we are obliged to unsheathe the sword in his face and that we are obliged to account him in every instance. In the third edition we missed the chance of giving the reference for the Ahadith and confining to the text mentioned in the books of hadith. In taking many of the Ahadith we used to rely on the texts mentioned in the trustworthy and recognised books of fiqh (jurisprudence) but the books of fiqh would sometimes transmit a hadith by meaning only or just confine itself to a portion of the hadith that it used as an illustration or evidence. So when the third edition went out of print we undertook the task of finding the references of all the Ahadith mentioned in the book and we mentioned from where each hadith had been taken and we confined to the text stated in the books of hadith. We excluded every hadith whose authenticity or suitability as a proof was not assured for us. Likewise we are convinced of all the reports cited in the books from their sources. Any report we were not sure of or if we found it to be weak, we omitted it from the book. Similarly we corrected certain concepts and rules as a result of the discussions and reviews. As a result, the book came out in this form, which we present to the Muslims.

We pray to Allah (swt) that He (swt) grants in this book much goodness and that He (swt) quickly honours the Muslims by establishing the Khilafah State so that what has been mentioned in the book is put in application and implementation. Verily, for Allah (swt) that is not a hard matter.

15th of the sacred month of Muharram 1417 AH

1/6/1996 ‘

Abdul Qadeem Zalloom

Allah (swt) has revealed the Message of Islam, and based it on the ‘aqeedah of Tawheed, which is the belief in “there is no God but Allah, Muhammad (swt) is the Messenger of Allah.”

It is a general and comprehensive Message sent to all mankind. It determines all life’s affairs and all relationships, past, present and future. The Message offers the solutions to all the human problems, and determines man’s relationship with his Creator, with himself, and with his fellow human beings, at all times and places.

The Islamic Message has provided answers regarding the relationship of Allah (swt) with the universe, with human beings and with life as a whole. It has dealt with issues of creation and its control, life and death, guidance and misguidance, provision and help, and all the other powers associated with Allah (swt), such as omnipotence, perfection, absolute control, free disposition, supreme knowledge over all creatures and free will over all possibilities.

The Islamic Message has also provided answers regarding the relationship of human beings and lives that they lead, with Allah (swt), the Creator, emphasising the obligation of worshipping Him (swt) alone and associating none with Him (swt), abiding only by His (swt) Decrees to the exclusion of all others, and executing His (swt) commands and avoiding His (swt) prohibitions. It also emphasised the obligation of following only the Messenger of Allah, Muhammad (pbuh), obeying him and adopting his teachings to the exclusion of all other people.

The Islamic Message has brought specific and determined concepts that in turn created a distinguished civilization (hadharah) by which it outlined the whole concept about life and crystallised the perceptions of those who embraced it within the framework of that civilisation. This Message has provided a viewpoint about life, which is the Halal and the Haram, and a specific way of living. It has established a society distinct in its concepts, emotions, rules and the personalities of its individuals.

The Islamic Message has brought a complete legislative system that determines the relationships of the state with society, whether regarding ruling, economics, social, educational, domestic and foreign policy, or whether those relationships relate to the public relationships between the state and its subjects or the state and other states and nations, in times of war or peace. It also determined the private relationships between individuals in society.

It is therefore a complete and comprehensive system, designed for mankind, which made it obligatory on Muslims to implement and execute it in a state that takes a specific shape, represented by the system of Khilafah.

Ruling (al-hukm), reign (al-mulk) and authority (al-sultan) have the same meaning which is the authority that executes the rules, or it is the task of the leadership (al-imarah) which the Shar’a has made an obligation on Muslims to establish. The task of al-imarah is to avert injustice and to settle disputes that may arise. In other words the ruling means the guardianship, as revealed by Allah (swt). He (swt) says:

“Obey Allah and obey the Messenger and those of you in authority.” [TMQ An- Nisa: 59] And He (swt) also says:

“If they had only referred it to the Messenger and those among them with authority.” [TMQ An-Nisa’: 83] Therefore to rule is to actively look after the people’s affairs.

Since Islam is an ideology that covers the state, society and life as a whole, the ruling becomes part of it, and the Muslims are commanded to implement this ruling by establishing the state i.e. to govern by the Islamic laws. A host of verses have been revealed in the Qur’an confirming the obligation of ruling by what Allah (swt) has revealed. Allah (swt) says:

“So judge between them by that which Allah has revealed and follow not their desires away from the truth that has come to you.” [TMQ Al-Ma’idah: 48]

He (swt) also says:

“Judge between them by that which Allah has revealed and follow not their desires and beware of them lest they seduce you from some part of that which Allah has revealed to you.” [TMQ Al-Ma’idah: 49]

Allah (swt) says:

“Whosoever does not judge by that which Allah has revealed, such are disbelievers.” [TMQ Al-Ma’idah: 44]

“Whosoever does not judge by that which Allah has revealed, such are oppressors.” [TMQ Al-Ma’idah: 45]

“Whosoever does not judge by that which Allah has revealed, such are transgressors.” [TMQ Al-Ma’idah: 47]

He (swt) also says:

“But no, by your Lord, they can have no (real) faith until they make you judge in all disputes between them and find in their souls no resistance against your decisions, but accept them with the fullest submission.” [TMQ 4:65]

He (swt) also says:

“Obey Allah and obey the Messenger and those of you in authority.” [TMQ An- Nisa: 59]

He (swt) also says:

“And if you judge between people, judge with justice.” [TMQ An-Nisa: 58]

This is in addition to many other verses dealing with ruling as an authority and power. Other verses have also been revealed providing details with respect to the different areas of ruling; some regarding military legislation, political legislation, criminal legislation, social legislation and the legislation of transactions as well as others. Allah (swt) says:

“Fight those of the disbelievers who are near you and let them find harshness in you.” [TMQ At-Tauba: 123]

He (swt) also says:

“If you come on them in the war, deal with them so as to strike fear in those who are behind them, that they may remember. If you fear treachery from any group throw back (their covenant) to them (so as to be) on equal terms.” [TMQ Al-Anfal: 57- 58]

He (swt) also says:

“And if they incline to peace, incline you also to it, and trust in Allah.” [TMQ Al-Anfal: 61]

He (swt) also says:

“O you who believe fulfil the contracts (undertakings).” [TMQ Al-Ma’idah: 1]

“And eat up not your property among yourselves in vanity, nor seek by it to gain the hearing of the judges that you may knowingly devour a portion of the property of the others wrongfully.” [TMQ Al-Baqarah: 188]

“And there is (a saving of life) life for you in (the law of) retaliation, O men of understanding.” [TMQ Al-Baqarah: 179]

“As for the thief, both male and female, cut off their hands, as a retribution for their deed and an exemplary punishment from Allah.” [TMQ Al-Ma’idah: 38]

“Then, if they suckle for you, give them their due payment.” [TMQ 65:6]

“Let him who has abundance spend of his abundance, and he whose provision is measured, let him spend according to what Allah has given him.” [TMQ At-Talaq: 7]

“Take alms of their wealth, with which you may purify them.” [TMQ At-Tauba: 103]

Thus, we find the broad lines of the legislation in its various aspect, including the military, criminal, political and transactions evident in hundreds of verses in addition to the numerous sound Ahadith of the Messenger of Allah (pbuh), which have all been revealed to be implemented and executed. They have effectively been implemented in the lifetime of the Messenger of Allah (pbuh), the period of the Khulafaa’ Ar-Rashidoon, as well as during the ruling of the Khulafaa’ who came after them. This could only prove that Islam is a system for ruling and state, for society and life, and for the Ummah and the individuals. It also proves that the state has no authority for ruling unless it adheres to the Islamic system. Islam would have no existence unless it was alive, represented by a state that implements its rules. Islam is a deen (religion) and an ideology, with the State and the ruling system being part of it. The State is the only legal body that Islam has laid down to implement its laws and execute them in public life. Islam would not exist without a state that implements it under all conditions. Furthermore, the State is a political and human entity, not a holy or spiritual one. It has no sainthood and its leader has no infallible characteristics.

The ruling system is the one that determines the shape of the State and its character, its foundation, pillars and bodies, and the basis upon which it is built, together with the basic thoughts, concepts and the criterion with which it looks after the affairs, as well as the constitution and the laws it

It is a distinct and unique system for a distinct and unique state, being totally different from all other systems known to mankind whether in terms of the basis upon which it is built or the thoughts, concepts and criteria with which it deals with people’s affairs, or the shape that it takes or the laws and constitution it implements.

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