In Islam, the Ruling System (and its other systems for that matter) is not designed by man, but rather by the Creator of all things, Allah (swt). Therefore, as Muslims we must abide by this ruling system.

The ruling system Islam has given is one of unity. This is because the divine evidence has brought nothing else and forbidden us to adopt anything else. This ruling system of unity puts the power of ruling in one mans’ hands, i.e., the Khaleefah. No other person is allowed to share power with the Khaleefah. It is narrated by ‘Abdullah ibn Amr ibn al- ‘A’as, “Whoever gives allegiance to an Imam giving him the clasp of his hand and the fruit of his heart shall obey him as long as he can. If another comes to dispute with the Imam, strike the head of the other.” (Muslim and Bukhari).

Also, the Messenger of Allah (saw) said, “If two Khaleefahs are given the allegiance, kill the latter of them.” Muslim and Bukhari

This proves that Islam prohibits having two rulers for the Muslims. Therefore, it is haram to form nation states with different rulers upon the Muslim lands. Therefore, the Islamic ruling system is one of unity and not of a federate structure.

In Islam, the ruling system is based wholly and solely on the divine text, i.e. the Qur’an, Sunnah and Ijma‘ of the Sahabah. The lives of the Sahabah should be an area of study, for a Muslim is obliged to take laws from the Ijma‘ of the Sahabah.

Unlike all other forms of ruling systems, Islam does not allow man to legislate rules within this system by utilising his own mind. Legislation is left only to Allah (swt). Man only has to recognise, understand, and implement these laws. We, therefore, disregard anyone who suggests ideas, concepts, and theories alien to the Islamic ruling system such as Democracy, Islamic Socialism, Islamic Republic (as in Iran, Pakistan, Sudan, etc.), and so on. It is totally inappropriate, and tantamount to kufr, to say that Islam did not give us a definite, detailed, clear picture of what the ruling system of Islam is. This would lead one to be implicitly stating that Islam is incomplete. Also, those who claim that the Islamic form of ruling system is not applicable in today’s world are delving in the cauldron of kufr ideas. Islam is a deen applicable for all times and places!

Allah (swt) through the Qur’an, Sunnah and the Ijma‘ has given us a clear picture of what the Islamic form of ruling system is.

Departments of Ruling in the Khilafah

Simply put, the Islamic ruling system consists of the following departments:

Khaleefah

Delegated Assistants (Mu‘awin Tafweedh)

Executive Assistants (Mu‘awin Tanfeedh)

Governors (Wulah)

Amir of Jihad Judges (Qudah)

Administrative System (Jihaas Idaari)

Council of the Ummah (Majlis al-Ummah)

It should be noted that of these departments, three are actual rulers. A ruler is one who maintains the responsibility of implementing Islam, within the State and has the authority of executing Islamic punishments upon those who have violated any Islamic law. The other bodies have no authority to enforce Islamic laws on the people without the permission of the rulers.

The three bodies of rulers are the Khaleefah, Delegated Assistants and Governors. As for the judges, they incorporate two positions of actual ruling which are the Chief of Judges (Qadi al-Quda) and the Judge of Madhaalim (complaints against the State); while the other bodies of people are responsible for carrying out the orders of these rulers.

Of course, the head of state is the Khaleefah. This distinction places restrictions on where, when, and how the Delegated Assistants, Governors, Head of Judges and Judge of Madhaalim may execute their rule upon the people.

As such, the rulers within the Islamic State must be Muslims, males, just, free, able, adult, and sane.

The Khaleefah

The word Khaleefah linguistically means ‘successor’ in the Arabic language. But, the Shari‘ah of Islam has given us another, more comprehensive definition of the word Khaleefah. The Prophet of Allah (saw) said, “...there will be no more prophets after me, only Khulafa‘a.” Bukhari

In this hadith the word Khulafa‘a is not referring to successors, but to heads of the Islamic State. The word Khaleefah is, therefore, taken to mean ‘that man who rules over a people by Islam,’ acting as the head of the State. The same Shari‘ah definition would apply if we used the word Imam, instead of Khaleefah, to indicate the head of State. And since in Islam, the bay‘ah is given only to a head of the State, both the words Khaleefah and Imam are pertaining to the head of the State.

The Process of Bay‘ah The method of installing the Khaleefah is through the process of bay‘ah. The power to rule by Islam is given by the Ummah to the Khaleefah. Authority belongs to the Ummah and it deputises the Khaleefah to enact the Shari‘ah. This is done through a contract between the Khaleefah and the Ummah. The Ummah must obey as long as the Khaleefah implements Islam on them.

The process of bay‘ah may occur after a general vote given by all the Muslims of the Islamic State or it may occur after a vote among the ahl al halli wal ‘aqd (people of influence and authority). Voting is merely a means to determine the choice of the Ummah, it does not substitute the bay‘ah. Non-Muslims, children, and Muslims residing out of the State do not have the right to vote. If all the Muslims of the Islamic State are voting then the bay‘ah al-in‘iqad (pledge of acceptance, by which he becomes Khaleefah) is given to the man elected. However, if the vote occurs through the representatives, then a bay‘ah al-in‘iqad is first given by the representatives, after which a second bay‘ah al-ta‘aa (pledge of obedience) is given by the Ummah to the person elected. The silence of the Ummah over the elected Khaleefah can be considered as the bay‘ah of obedience. It is through this bay‘ah process that a person attains his position as Khaleefah. The candidates for the position of Khaleefah may, in addition to self nomination, be chosen by the Majlis al-Ummah. It is from these candidates that the Ummah chooses for itself a ruler.

Once the appointment is made, the Ummah then has no right to dismiss the Khaleefah, as long as he upholds the Shari‘ah and fulfils the conditions to be a Khaleefah. Since the contract made between the Ummah and the Khaleefah is for the Khaleefah to rule upon them with Islam, the Ummah has no right to dissolve the contract, as long as he maintains his part of the contract. Therefore, a Khaleefah has no term of office. He remains the head of State, as long as he is able to uphold the contract or until he tenders his resignation.

On the other hand, a Khaleefah may be dismissed for the following Islamic reasons:

• If he becomes an apostate (i.e. becomes a non-Muslim).
• If he neglects the prayers and proposes for others to do the same.
• If he becomes physically incompetent to handle the duties assigned to him in his contract, such as losing sight, hands, both legs, etc. However, losing one ear or his nose or his sexual organs does not impair his ability to perform his duties.
• If he persists in debauchery and immoral behaviour (fisq), injustice in public behaviour, and negligence of the Islamic laws.
• If he changes his sex, since women are not allowed to assume positions of ruling.
• If he becomes a captive, under the kuffar, from where he cannot enforce his rulings upon the citizens of the State and freely maintain the operation of the State in addition to the absence of any possibility for his return.
• If another person dominates him in his opinions and the Khaleefah is unable to exert his own opinion in the process of running the State. Here, the case would be that a second person is running the State, while the Khaleefah becomes symbolic.
• In each of these situations, the case is brought to the highest court of the Islamic State i.e., the Court of Madhaalim (unjust acts, where complaints against the State are raised). The court arbitrates, of course, according to the Qur’an and Sunnah. The decision made by the Court of Madhaalim is binding on both parties.

The Delegated and Executive Assistants to the Khaleefah

Delegated Assistant

The delegated assistants (Mu‘awin Tafweedh) are appointed by the Khaleefah to assist him in ruling the State. The evidence for this appointment is derived from the hadith of the Prophet (saw) in which he said, “My two ministers (wazirs) from the people are Abu Bakr and ‘Umar.” (Tirmidhi).

Islam, on the other hand, allows these ministers to go beyond a specific function. The ministers whom the Prophet (saw) appointed were not specialised or assigned restrictively to a specific function. It is therefore preferable to use the word Mu‘awin (assistant) instead of ministers, so as not to confuse it with the Western terminology of minister.

The delegated assistant is one whom the Khaleefah delegates to perform all functions in the way of general delegations. In the appointment of the Delegated assistant it is necessary for the Khaleefah to cite both the aspects of general ruling and being his assistant in the contract, because appointing him in only one aspect restricts his function as a Mu‘awin.

Such was the case when Abu Bakr appointed ‘Umar as his assistant, and when ‘Umar took ‘Uthman and ‘Ali as his assistants, and when ‘Uthman took Marwan ibn al-Hakam and ‘Ali as his assistants. These delegated assistants are responsible to the Khaleefah and they inform the Khaleefah of the matters surrounding them.

The delegated assistants, therefore, have a general responsibility in ruling the State and must be appointed by the Khaleefah for this general responsibility. They are responsible to the Khaleefah for their actions and the Khaleefah must examine the delegated actions and disposals of these delegated assistants. We must remember that the contract for ruling is between the Ummah and the Khaleefah alone. It is the Khaleefah who is finally responsible for the proper implementation of Islam on the people.

Executive Assistant

The Khaleefah is allowed to engage himself in administrative matters. The Prophet (saw) did engage in administrative matters when he broke idols, organised the Jihad, and erased his title from the Treaty of Hudaybiyah. To facilitate matters, he may appoint executive assistants (Mu‘awin Tanfeedh) to help him manage the administration of the State. Unlike delegated assistants, the executive assistants are only executors of the directives of the Khaleefah. They are not rulers. They may, also, be assigned to one specific area of work or administration.

Just as the authority of the Mu‘awin Tanfeedh is limited so are the conditions for his appointment. The executive assistant carries out the orders and rules of the Khaleefah which are to be implemented, and then brings feedback to the Khaleefah, regarding the execution.

The Wali and the ‘Aamel of the Provinces

Subdivisions of the wilayaat or Provinces are called ‘amalat or districts. Supervision and responsibility for these ‘amalat is assigned to an ‘aamel or sub-governor.

Having previously discussed the position of Khaleefah, we will contemplate here on the role of wali and ‘aamel who implement Islam upon their residents. This general jurisdiction of the wali obliges us to consider him as a ruler. He, therefore, has similar responsibilities to those which are assigned to the Khaleefah for the efficient operation of the State. However areas that might make him autonomous, such as finances of the State, the army, and the judiciary, as well as adopting laws other than those adopted by the Khaleefah, are not within his control since they might pose a threat to the unity of the State.

The wali himself may choose to further subdivide his region into ‘amalat and appoint ‘aamels to them. These subdivisions and appointments each assist in the implementation of Islam and the resultant tranquillity of the State. The Prophet (saw) said, to his appointees, “Make it easy not difficult, make the people optimistic not pessimistic, do not make the people go away but make them come closer, and consult one another.”

This is an indication for us to administer the Islamic State in a manner which will not put the people to unnecessary hardship, and thereby cause the people to come closer to Islam.

The appointment of the wali is carried out by the Khaleefah. The appointment is given by the Khaleefah on the provision that the wali rules within his jurisdiction by Islam and does not venture, at anytime, to usurp the power of the Khaleefah.

The qualifications for both the wali and the ‘aamel are the same, since both have similar responsibilities. They are rulers and must therefore qualify for the conditions of rulers. They must be Muslim, male, mature, sane, ‘adl (just), free, and able to handle their responsibility.

The wali and the ‘aamel have full command in their region of appointment. In their respective regions they are responsible for all the various departments of administration. However, they are ultimately responsible to the Khaleefah, who can oversee their decisions, and dismiss them if their conduct is incorrect. The Police of the Islamic State are at the disposal of the wali or ‘aamel, in their efforts to establish the Shari‘ah upon the people.

The Amir of Jihad

The directorates of the Amir of Jihad consist of four departments.

These are :

1. 1. The External Affairs (Foreign Policy)
2. 2. The Military
3. 3. The Internal Security
4. 4. Industry

The Amir of Jihad is the director and supervisor of all four departments. The Khaleefah may delegate this position to a suitably qualified Muslim, but since he is the head of state, it is important that he takes on the role himself.

1. 1. The External Affairs (Foreign Policy)

The Foreign Policy of the Islamic State

The foreign policy of the Islamic State covers the external policies of the State and its relationship with other nations and countries. The foreign policy in Islam serves three objectives:

1. 1. To protect the entity of the State and the Ummah.
2. 2. To facilitate the da‘wah to other people and nations.
3. 3. To organise the relationship of the Islamic State with other states.

When one considers these aims it becomes clearly apparent that the foreign policy of the Islamic State is not merely a fard (obligation) upon the Muslims to implement, but with the existing bloodshed, rape and destruction of Muslims around the world, like Bosnia, Kashmir, Palestine etc., it is a practical necessity.

It is an utmost duty upon the Muslim Ummah to convey the message of Islam to humanity. On His arrival from Khaybar, the Messenger of Allah (saw), addressing his companions (ra), said, “Oh people, Allah has sent me as a mercy to all mankind; do not dispute with me like the disciples disputed with Isa (as) son of Maryam. The companions exclaimed : And how did the disciples dispute, O Prophet of Allah? He (saw) answered : He (Isa) called them to that which I called you; he who was sent to a near place was pleased and satisfied, but he who was sent to a far place became displeased and heavy footed.” This is an indication of the importance of carrying the da‘wah.

And Allah (swt) says,

“It is He who has sent the Messenger with the guidance and the deen of truth, that it may prevail over all other deens.” [TMQ 9:33]

The duty to spread Islam necessitates that the Muslims be in contact with what is happening all over the world. This contact requires an awareness of the many differing states, peoples and thoughts, because all of them are essential to the goal, i.e. the spreading of Islam.

Our goal as an Islamic Ummah is to spread Islam to all corners of the globe and this means we are compelled to work on an international level. In other words we must know the situation and major problems of the world, understand the motives and public opinion of the people, the various political actions and manoeuvres and above all, we must be aware of what is happening in the international arena. This political awareness is of primary importance to the major states and is what politicians all over the world mainly concern themselves with.

The people of the Islamic State should have political awareness as one of their characteristics. If it is their duty to spread the Islamic call (da‘wah), then this awareness must be made commonplace. We cannot begin to organise our relationships with the other states unless we achieve this awareness.

Hence, conveying the Islamic call is the axis around which the Foreign Policy of the Islamic State revolves, and is the basis upon which relationships with other states are built.

The Relationship of the Islamic State with Other States

The relationship of the Islamic State with other states should be built upon four approaches:

1. 1. Firstly, the countries of the Muslim world are to be considered as being part of one country. Hence, these countries are not considered in the sphere of foreign policy. Instead the procedure will be to unify them all into one state. For example, if the State was established in Egypt, then all the other Muslim countries would be considered - not as foreign states - but as part of the Muslim Ummah. We would not recognise them as separate states. Therefore, we would not establish our embassies in them or vice versa. Instead we should call the Muslims in those countries to their duty which is to unite themselves to the Islamic State.
2. 2. Those states with whom the Islamic State has economic, commercial, good neighbouring and/or cultural treaties; they are treated in accordance to the terms of the treaties. However, the economic and commercial relations with them must be confined to certain items that benefit the Ummah. It must not lead to the strengthening of those states on our account.
3. 3. Those states with whom we do not have treaties; the actual Imperialist states like America, France and Britain; and those states that have ambitions in the Islamic State, such as Russia. All these states are considered as potential enemies of war and possible invaders. All precautions should be taken with them.
4. 4. Finally, those states that are actual enemies of war, such as Israel. These states must be treated as in a state of war and this must be the basis of all transactions.

The Basis and the Method for the Foreign Policy

The root of interaction between the Islamic State and the other states is the duty to propagate the call of Islam (da‘wah). The method by which to achieve this is the declaration of Jihad. This was the method of Muhammad (saw) as soon as the Islamic State was established in Madinah. It must be stressed that the Muslims are not permitted to start fighting with the enemy without first presenting them with the opportunity to accept and embrace Islam, thereby becoming part of the Islamic State. This is the first process of the three stage method of delivering the call of Islam through Jihad.

If this offer is turned down, they are asked to pay jizyah (head tax) and to be part of the State. They would be treated as dhimma (non- Muslim citizen of the State), i.e. the State would be responsible for their security and protection. They would be ruled by the Islamic Shari‘ah and their land would become Muslim land and part of the Islamic State.

If the enemy on the other hand refused both of these options, namely to reject the Islamic Belief and System or reject the System and the payment of jizyah, the Muslims would proceed to the third stage and declare war upon them. Muslim narrated on the authority of Sulaiman ibn Buraid that the Messenger of Allah (saw) said, “If they refuse to accept Islam, demand from them the jizyah. If they agree to pay, accept it from them and hold off your hands. If they refuse to pay the jizyah, seek Allah’s help and fight them.”

Allah (swt) says,

“And fight them (on) until there is no more tumult or oppression, and there prevails justice and faith in Allah, altogether and everywhere.”” [TMQ 8:39]

This third and final stage of Jihad has various implications that should expose many of the misconceptions held about Jihad :

1. Jihad, contrary to the slander propagated by the West, is not barbaric. In fact, when the Muslims declare war, as offensive Jihad, the purpose is to remove any obstacle in the way of implementing Allah’s (swt) deen, and the fighting is regulated by the rules of the Shari‘ah. Therefore, in the third stage of Jihad after the first two options have failed, the Islamic army, when they enter and fight, are not allowed to kill women, children or the elderly. Nor will they fight civilians who are not supporting or participating in the fighting. Indeed, Islam defines a specific code of conduct for the Muslim army, that ensures justice even in the battle field. These rules include : no destruction of trees or buildings unnecessarily, no ‘civilian targets’, no mutilation of dead bodies, no raping of women, no torturing prisoners of war, etc. This lies in stark contrast with the practices of the kuffar in war, where every conceivable act of barbarity and transgression is perpetrated against the people.
2. By principle, Jihad is offensive, i.e. the Muslims initiate it to spread the boundary and domain of Islam, and offensive Jihad is the responsibility of the State. The foreign policies of all the existing Muslim regimes, such as Sudan, Iran or Saudi Arabia are clearly in contradiction to this fundamental principle of Islam, for they recognise and accept the national borders and their integrity, as laid down by the ‘International Law.’
3. Jihad linguistically means to exert oneself to the utmost. Therefore, the word ‘jihad’ can be used to describe the effort put into studying, working or looking after children etc., but the Shari‘ah definition of Jihad is very specific and is defined by the classical scholars as, “To fight the disbelievers (kuffar) to the utmost, to make the word of Allah (swt) the highest in all the lands (i.e. sovereign).” Therefore, Jihad is linked by the Islamic Shari‘ah to the physical fighting.
4. Since Jihad by principle is offensive and requires the State, that which is associated with it, i.e. defensive Jihad, is also integral to Islam. However, defensive Jihad, i.e. the repelling of kuffar who fight the Ummah or take her land, is not part of the foreign policy. Thus it is a duty that must be performed by the Ummah, whether they have a state or not.
5. 2. The Military

The Army of the Islamic State

The issues of internal security, the ability to spread da‘wah, and repel foreign attacks are taken care of by the army.

Allah (swt) has obligated us to spread Islam to the world and has specified the method as da‘wah and Jihad, and that Jihad is fard. Accordingly, every male Muslim who reaches the age of fifteen is obliged to enlist in the army and undergo military training to prepare for Jihad. Allah (swt) says,

“And fight them (on) until there is no more tumult or oppression, and there prevails justice and faith in Allah, altogether and everywhere.” [TMQ 8:39]

The Prophet (saw) said, “And fight the people who associate (things) with Allah with your wealth, your hand and your tongue.”

The Structure of the Army

The army is divided into two sections. Firstly, there are the ‘regulars’, who are employed as soldiers of the State’s army and who are paid salaries from the State’s budget. Secondly, there are the ‘reservists’, who comprise of all the Muslims who are capable of fighting, and are mobilised when the demand for soldiers requires it.

It is generally the Khaleefah who is the leader of the army; he appoints the commander-in-chief, a general for each brigade and a commander for each division. The brigadiers and commanders appoint the remaining ranks of the army. Members of the general staff are appointed according to their military culture by the general chief of staff.

The army of the Khilafah is one army, which is located in specific camps. Some of these camps must be located in different provinces (wilayaat) and strategic locations, and some must remain permanently mobile fighting forces. The camps are organised in numerous groups, each one of which is given a number to accompany its name, such as the 1st Army, the 3rd Army, or it can be named after a province (wilayah) or district (‘imala).

The Function of the Army

One of the functions of the army, in Islam, is to fulfil the obligation of Jihad - the physical fighting (in the field of battle) against the kafiroon (disbelievers), be it offensive or defensive, in order to make the Name (deen) of Allah (swt) dominant. Allah (swt) ordered the preparation for Jihad in the ayah:

“Make ready for them (the unbelievers) all you can of (armed) force and of horses tethered, that thereby you may strike fear into the hearts of the enemy of Allah and your enemy, and others beside them whom you know not. Allah knows them. Whatsoever you spend in the way of Allah it will be repaid for you in full, and will not be wronged.” [TMQ 8:60]

The Prophet (saw) showed the power of the State by marching the Muslim army inside Madinah before they went to Tabuk for war. This action frightened the enemy. As he (saw) said, “I have been given the victory by the terror thrown in the hearts of my enemies even from the distance of one month travelling.”

These functions of the army are all related to maintaining the external security of the State.

The Islamic State’s foreign policy is to spread Islam throughout the world. The method employed by the State to deliver Islam is through da‘wah and Jihad. Therefore, since the Ummah has given the authority to the Imam or Khaleefah to carry this Jihad, it is important that the leader of the army be the head of state. The Prophet (saw) established relationships with others on the basis of spreading Islam. He formalised the Treaty of Hudaybiyah in order to allow himself the opportunity to spread Islam throughout the Arabian peninsula. The Prophet (saw) was the head of state in Madinah and he (saw) directed the army to all the battles that took place, during his time. After that, the Khulafa‘a Rashidoon also were the ones to give the orders for where and when the army should fight. It becomes clear from these points that the head of state is the person responsible for the leadership of the army.

Giving the Army Islamic and Military Culture

The army is usually the tool that opens up other countries to the da‘wah of Islam. Thus, the army personnel have to be intellectually elevated. Meaning, that they have to be well educated about Islam and be able to convey the message to other people. Furthermore, the personnel have to be politically aware so that they remain focused and are not manipulated by the opponents.

Iman of the Army Personnel

The army is an integral part of delivering the message of Islam to the world. Its people must, therefore, be highly educated in Islam, and with firm iman. The army must place emphasis on building people with these characteristics within its ranks. An army with strong iman will surely be able to defeat its opponents. We find this to be the case in the time of the Prophet (saw). Muslims were outnumbered in many of the early battles, but with the help of Allah (swt) still achieved victory. This we saw in the battle of Badr where there was a 3 to 1 ratio and in the battle of Ahzab, where there was a 4 to 1 ratio.

3. 3. The Internal Security

The department of Internal Security oversees everything connected with security inside the Islamic State, utilising the military forces for this purpose.

The internal security, as well as the external security, is preserved by the army. The functions of the (police) are under the control of the army. The Prophet (saw) appointed Qays ibn Sa‘ad as the head of security. He was there to protect the Prophet (saw) when he was in Majlis. It is preferable for the internal security force to maintain the procedures of the regular army, so that it will remain organised, efficient, and co-ordinated as in a regular army. The internal security force has the function of surveillance, preserving law and order, and to execute the laws adopted by the State. The Prophet (saw) appointed ‘Abdullah ibn Mas‘ud as the leader of assas (surveillance). Surveillance, by this part of the army, does not mean to invade the privacy of others. Rather, its usage is for general surveillance. Since maintaining the internal security is an action the State is responsible for, it has no right to levy payments on the citizens of the State for executing this function.

4. 4. The Industry

Preparation for the foreign policy will require a strongly equipped army. Therefore, the Islamic State will endeavour to obtain the latest technology in warfare, including nuclear capability, space programmes and computer technology, to be ready to fight the enemy in a like way as she is fought. The economy and industry in the Islamic State will be similarly geared towards sustaining the army and the effort of Jihad.

The department of industry directs all affairs connected with industry, including heavy industry, such as the production of motors engines and car bodies; metallurgical industries, electronics and light industries; and factories of private and public ownership connected with the military industry. All factories of whatever type should be established on the basis of complementing the military policy.

It is under the guidance of the department of the Amir of Jihad that the Islamic State will implement its foreign policy and propagate the deen of Islam to the rest of mankind. By these means, and the help of Allah (swt), the State will be able to achieve the dominance of the word of Allah (swt) throughout the world.

The Judiciary

The judicial system in Islam is solely based on the Shari‘ah. We must be mindful of the fact that justice cannot be fully served until and unless Islam is applied in its totality. To do otherwise, would mean leaving parts of Allah’s commandments and accepting the rule of man as better able to cope with the issue at hand. This not only leads to the disruption of the society’s well-being but is also an acknowledgement that Allah (swt) is not truly the Sovereign. We find in the Qur’an, Allah (swt) says to the Prophet (saw) :

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

The details of the Islamic judicial system are discussed elsewhere (see the Judicial System), but it is useful to discuss here the relationship of the ruling system with the courts.

The Judge of the Court for Unjust Acts (Qadi al-Madhaalim)

This category of judges within the ruling system of Islam consists of judges who settle disputes arising among the people and the State. This judge has jurisdiction within a court called Mahkamat al-Madhaalim (the Court of Unjust Acts) in the Islamic State. In essence, this judge of the Court of Unjust Acts is appointed to remove all unjust acts within the Islamic State, whether they are committed by the Khaleefah, governors, or any other official of the State. In cases of disputes between the people and the officials of the Islamic State, the judge of this court has the right to dismiss the official of the State once his negligence of the Shari‘ah or injustice committed upon the people is established.

As examples, this court may investigate all matters executed by the Islamic State involving discrimination upon citizens, improper application of the Shari‘ah, improper interpretation of the Shari‘ah or the Constitution of the Islamic State, negligence by the Khaleefah of the opinions given to him, forcing a tax unduly upon the citizens of the Islamic State, etc.

An interesting situation arises when a case is studied involving the Khaleefah’s negligence of the Shari‘ah. The Qadi al-Madhaalim will have to either pass a judgement in favour of the actions of the Khaleefah or against him. If it is in favour of the Khaleefah, then the Khaleefah’s mandate will remain, and will, in fact, render the case as being proper and not negligence. If, on the other hand, the judge decides against the Khaleefah, which entails negligence of the Shari‘ah, the Khaleefah must abide by the judgement of the judge. If he fails to do so, the judge will be authorised to remove the Khaleefah from his position on the grounds of negligence of Shari‘ah.

The Administrative System

The administrative system consists of that body of people which executes the Islamic State’s orders upon the citizens and manages the Islamic State’s affairs. Since the Islamic State must implement the Shari‘ah upon all of its citizens, it becomes necessary to have an administrative system to accomplish this. Many rules in Islam compel the Islamic State to have an administrative body for their implementation. As such, the rule for collection of zakat, which necessitates the Islamic State to employ personnel for its proper implementation, is one example. Any style or tactic used would be permissible, as long as it accords with the Shari‘ah. But, the important point is that ‘the job gets done’. Therefore, it is incumbent upon the Islamic State to use the most efficient style to implement the rule of Islam, as long as they fall within the bounds of the Shari‘ah.

We know that the Prophet (saw) managed the affairs of the Ummah, during his period in Madinah. He (saw) appointed many administrators to carry out various functions so that the Islamic State would run efficiently. As an example, he appointed ‘Ali ibn Abi Talib (ra) as a scribe for treaties which the Prophet (saw) concluded with other nations.

The Prophet (saw) gave the management of his seal (the one he used to imprint his signature on official documents of the State) to Al- Harith ibn Auf al-Mazi. Ibn Abi Fatimah was designated to compile the statistics of the ghanima (spoils of war). Hudhayfa ibn al-Yaman was the writer for the numbers of cultivated fruits in the Hijaz area of the Arabian peninsula. ‘Abdullah ibn Arqam was appointed to calculate the number of people in the tribes and was further assigned the task of management of water in the Islamic State. In the twentieth year of the Hijrah, ‘Umar ibn al-Khattab, as the second Khaleefah, initiated the deewan (a type of record) as a list of names of soldiers and other essential facts. This method of keeping a deewan was borrowed from the Persians who had adopted this style for keeping records of their soldiers, battle gear, and other essential information. A similar technique was employed by ‘Umar (ra), since it was a mubah (permissible) means.

Regarding the appointments to these administrative departments, it is permitted to have any citizen of the Islamic State, male or female, Muslim or non-Muslim, as long as he or she is suitably competent to be a part of this administrative system. It would be important to have a suitable management structure to run the administrative system.

We may recall here that the Khaleefah has an entourage of assistants which carry out administrative functions. As discussed previously, they are the Executive Assistants (Mu‘awin Tanfeedh). The difference between the general administrative body and the Executive Assistants is that the latter is a caretaker of the Khaleefah’s administrative tasks, while the former is dealing with administration of the larger Islamic State. Accordingly, it is necessary that the Executive Assistants be Muslims, whereas the general administrators may be Muslims or non- Muslims.

We now have a general idea of the functions of the administrative body of the Islamic State. Its task is to execute the rulers command in a competent and efficient manner. It aids the Islamic State in applying the laws of Allah (swt) upon this earth. Of course, one can only theorise on paper the advantages of an administrative system when there is no Islamic State.

Shura

It is of utmost necessity to comprehend the concept of shura (consultation), as used in Islam, and what it actually means before indulging in a detailed discussion on Majlis al-Ummah, which is the main body that participates in shura. Allah (swt) states in the Qur’an:

“Pardon them and ask forgiveness for them and consult with them upon the conduct of affairs, and when you have decided (upon a course of action), place your trust in Allah.” [TMQ 3:159]

“And those who answer the call of their Lord and establish worship, and whose affairs are a matter of counsel.” [TMQ 42:38]

The two ayat (verses of Qur’an) mentioned above are directly related to the issue of consultation. Shura denotes engaging in mutual consultation or mutual discussions regarding a particular matter i.e. taking people’s opinion. Taking opinions occurs on the part of the Khaleefah or any Amir or responsible person be it a ruler or a leader. As for the declaration of the opinion to the person in charge, be it a ruler or a leader, it is just a naseeha (advice).

Before addressing the application of shura, as taken by the Messenger of Allah (saw) in relation to our affairs nowadays, we need to study the idea of taking an opinion, and remove any ambiguity existing in the minds of the Muslims. Realistically, an opinion can be taken regarding :

1. 1. Matters of Shari‘ah (legislative matters).
2. 2. Matters of Intellect or Technicalities.
3. 3. Opinions which directly lead to actions in mubah issues.

1. 1. Matters of Shari‘ah (legislative matters) : As for matters of Shari‘ah, there is no shura at all. In order to reach the Islamic opinion in any Shari‘ah matter, proper ijtihad must be conducted, meaning no one’s opinion should be taken in matters related to wahi (the revelation), i.e. haram and halal. This can be seen in the action of the Messenger (saw) in the Treaty of Hudaybiyah. In that incident he (saw) did not consult the companions and refused to listen to their complaints regarding the terms of the treaty, saying, “...and I will not disobey His (swt) commands.”
2. 2. Matters of Intellect or Technicalities: For matters of intellect or technicalities only those with the knowledge of that specific field would be consulted. For example, in the Battle of Ahzab, the Prophet (saw) received news of a dangerous confederacy, consisting of 10,000 people, aiming to besiege Madinah. The Muslims in Madinah decided to fight against the invading enemy from inside their town, and they manned all the buildings surrounding Madinah. However, there was one area left open, where Salman al-Faresi suggested that a trench be dug in that place, as the Persians used to do in similar situations. The Prophet (saw) accepted the advice, and he himself took part in digging that trench.
3. 3. Opinions which directly lead to actions in the Mubah issues : Finally, opinions which directly lead to actions in the mubah affairs of Islam where no expertise is required to arrive at a conclusion, and are apart from the commands of Qur’an and Sunnah, may have the Ummah’s input. This is the domain of the Majlis al-Ummah. In this case, the Ummah’s wishes would be sought so that the Ummah’s involvement remains active. Allah (swt) states in the Qur’an:

“Pardon them and ask forgiveness for them and consult with them upon the conduct of affairs, and when you have decided (upon a course of action), place your trust in Allah.” [TMQ 3:159]

This final area, in which shura may be sought, is the area in which the Majlis al-Ummah plays an active role, i.e. in the mubah issues. At this point, when this opinion is sought, it becomes mashura. Thus, mashura means taking the opinion of the majority in Majlis al-Ummah concerning mubah matters, which becomes binding upon the ruling apparatus to implement. An example in which the Majlis al-Ummah would play a role could be choosing the place of where a school or hospital should be built in a community.

Majlis al-Ummah (Council of the Ummah)

The Majlis al-Ummah is part of the ruling structure of Islam. It deals with matters which are mubah and do not require an expert to arrive at the correct conclusion. These decisions of the Majlis al-Ummah are termed as ‘mashura’. The majority’s opinion is the binding opinion, in this case, since there is no set right or wrong in the mubah matters. The Khaleefah is therefore obliged to uphold the opinions of the Majlis al- Ummah, as long as the opinions are in the legal area of opinion for the Majlis al-Ummah. This is substantiated by the hadith of the Prophet (saw) : “If both of you (referring to ‘Umar and Abu Bakr) agree on a mashura, I would not go against it..”

Structure and Functionality of Majlis al-Ummah

The persons who represent the Muslims in voicing their opinions to the head of the State are called to the Majlis al-Ummah. It is allowed for the non-Muslims to be in certain sessions of the Majlis, for the purpose of presenting complaints about oppression by the hand of the ruling apparatus or to complain about any problems, which they encounter with regards to the implementation of Islam upon them.

The members of the Majlis al-Ummah are elected by the people, and there is no gender distinction in who can be a member. As long as the candidate carries the citizenship, is sane and is in his/her post-puberty years, then he or she qualifies.

Pertaining to the structure of the Majlis al-Ummah, there can be two main committees. One to oversee the central government and one for the provincial government. Within these main committees exist subcommittees which are assigned specific tasks based on the ability of the individuals.

Checks and Balances

The nature of Islam is to preserve justice and societal harmony, and to uproot and eliminate institutional oppression if and when it presents itself. Sovereignty belongs to Islam’s legislative sources, and the aim of Islam’s legislative sources is to secure and uphold the societal ideals, while satisfying the individual needs of each human being in the society. Islam granted the people the authority to implement the Shari‘ah rules whereby these aims and objectives would be maintained. The people in turn appoint one person (The Khaleefah) to rule them by Islam, and they are permitted to use force to remove the Khaleefah, in case he clearly went against the Shari‘ah.

One of the branches of the judicial system is called Mahkamat al Madhaalim (Court of Unjust Acts). The primary role or function of this judicial branch is to settle disputes between the people and the Khaleefah. The order or finding of a judge in the judicial branch cannot be stayed, but rather it must be implemented, even if the order was to remove the Khaleefah himself, or anyone that he has deputised. Failure to implement the order or finding of a judge in Mahkamat al Madhaalim, provides a license to the people to remove the Khaleefah, even by force if necessary.

One of the functions of the Majlis al-Ummah is to create a platform whereby the people can voice either their satisfaction or their dissatisfaction and complaints to the government. The Mahkamat al Madhaalim would be presented with the complaints from the Majlis al- Ummah or the individual in the State could take his complaint to Mahkamat al Madhaalim directly. Everyone is subject to Islam’s legislative sources and as such there is no elite class in the Islamic society, and anyone who is under the jurisdiction of the Islamic State, be they Muslim or non-Muslim, must have their rights protected. Therefore, Islam’s method of preserving justice and social harmony, and uprooting and eliminating oppression is realistic and practical.

Another method of establishing ‘checks and balances’ on the government is the process of nominating the Khaleefah. The Khaleefah, as one option, may be elected from the choices presented by the Majlis al-Ummah. Thus, the Majlis al-Ummah makes sure that the individual elected to the post of the Khaleefah is a practising Muslim who fulfils the requirements. Consequently, an individual looking to serve his own interests cannot become the Khaleefah.

Furthermore, another element that is an integral part of establishing a mechanism of checks and balances within the system is taqwa (fear of Allah). The ruler carries out every action based on the concept of being questioned by Allah (swt) on the Day of Judgement. Thus, the ruler would make sure that he fulfils his part of the contract as ruler of the Muslim Ummah so that he may face Allah (swt) without fearing His (swt) punishment, due to negligence or serving his own interests.

Thus, we can see that Islam provides a system of government which is just, because it implements only Allahs (swt) laws rather than manmade laws. It is only when Muslims understand the mechanisms of ruling which Islam provides that they will have confidence in it, and realise the flaws and weaknesses of other systems. May Allah (swt) help us in our duty to establish it!