12.1 The administrative system is a style of administration - not ruling

The administrative system is a style used to perform a task, and is also one of its means, so it does not require specific evidence. It is sufficient for it to have general evidence that indicates its origin. It would be wrong to say that these styles are human actions, which should therefore be conducted according to the divine rules. This is because the evidence for these actions has come with regards to their origin in a general form. Thus it includes all actions that branch out from that origin, unless there is divine evidence that relates to a subsidiary action, in which case the action must follow that evidence. For instance Allah (swt) says;

“And pay out the Zakat” [TMQ At-Tauba: 11]

, which is a general evidence. Then the evidences came regarding the subsidiary actions which branched out from it, such as the amount of Nisab, the Zakat collectors and the categories of things from which Zakat is to be taken. All these are actions derived from, “And pay out the Zakat.” There are no evidences regarding the manner by which the Zakat collectors have to collect the Zakat. For example, do they go riding or walking? Do they hire other employees to help them or not? Do they have to establish headquarters where they would all meet? Would they have warehouses where they would store everything they had collected? Would these houses be underground or built like grain houses? Would the cash Zakat be collected in bags or coffers? All these actions and the like are, in fact, subsidiary actions originating from “And pay out the Zakat.” The general evidence covers them all, as there are no specific evidences for them; and this is the case with all the styles. Thus, the style is an action subsidiary to an action i.e. to the origin that has general evidence. Therefore, the style does not require evidence, because the evidence of its origin serves as evidence for it as well.

As for the establishment of the administration, i.e. the establishment of those who would manage the citizens’ interests in every utility that needs an administrative work, this would be categorised as an original action and not a subsidiary one; hence it requires evidence. Its evidence is deduced from the actions of the Messenger of Allah (pbuh) as He (pbuh) used to perform the ruling and the administration. He (pbuh) conveyed the message, executed it and discharged the Muslims’ affairs. With regards to the Tableegh (conveying) this is well known. With regards to the execution, the revelation came and ordered Him to collect the Sadaqah, to cut the hand of the thief, to stone the adulterer, to lash the slanderer and to kill the enemy; all of which are executive actions. He used to destroy the idols by his own hand, which is execution, and He would also send people to remove them. He (pbuh) would kill in the battlefield and take prisoners of war, order people to observe justice and established it. He would punish all the various wrongdoers and rebels and order people to adhere to all that He brought to them. All of this is execution.

As for his role in managing the affairs, He (pbuh) established a system of administration for the various departments and appointed secretaries to run those departments. He (pbuh) used to run people’s affairs in Madinah and He appointed secretaries to assist Him with the running of the various departments. Ali Ibnu Abi Talib used to be the notary of the oaths and treaties, which was an administrative duty and not a ruling post. Al Mu’ayqib ibnu Abi Fatima was in charge of his official stamp, an administrative duty and not a ruling post. Al-Bukhari reported in the history from Muhammad bin Bashaar from his grandfather Mu’ayqib, who said; “The stamp of the Messenger of Allah (pbuh) was made of iron covered with silver and it was with me (in my hand). Mu’ayqib was responsible for the stamp of the Messenger of Allah (pbuh).” Mu’ayqib Ibnu Abi Fatima was also the secretary in charge of the spoils and booty. Huzayfah Ibnul-Yaman was the collector of fruit levies of Hijaz, and ‘Abdullah Ibnu Arqam was the registrar of tribes and their waters and so on. All this serves as evidence that the Messenger of Allah (pbuh) ran the administration in addition to carrying out his role as a ruler. However, He (pbuh) had determined for each one of those directors the type of task He had appointed them to do, such as recording the spoils and booty, or the assessment and collection of fruit levies or the like. He (pbuh) however, did not specify the subsidiary actions, which the directors would follow to accomplish their tasks. This non-specification meant that those actions are subsidiaries of the origin. Therefore, those people ordered to carry out those tasks would have been free to choose any styles they wished in order to accomplish the tasks assigned to them and discharge the interests in the most effective way.

Superior Economic Model : Islamic System

Download Original eBook (PDF) : The Ruling System in Islam.pdf