The Islamic State is a Khaleefah implementing the Shar’a. It is a political and an executive body entrusted with the duty of implementing and executing the laws of Islam, and of conveying the Islamic Message to the world by means of da’wah and Jihad. It is the only method that Islam has laid down to implement its systems and general laws in life and society. It is the soul of the existence of Islam in temporal life, for without it, Islam would completely recede from being an ideology and a system of life and it would be confined to merely being a host of spiritual rites and moral values. Therefore the state is a permanent body and not a temporary one.
The Islamic State is only established on the Islamic ‘aqeedah; so this ‘aqeedah is its basis, and it is illegal to detach the State from it, by any means. When the Messenger of Allah (pbuh) established the authority of Islam in Madinah and took power, he based the ruling on the Islamic ‘aqeedah from the very first day. The verses of legislation had not been revealed yet, so (pbuh) he made the shahada “there is no God but Allah and Muhammad is the Messenger of Allah” as the basis of the Muslims life and of the relationships amongst people. He (pbuh) made the shahada the basis of averting injustice, settling disputes, that is, and the basis of the whole life, ruling and authority. He (pbuh) did not stop at that, but he decreed Jihad and made it an obligation on Muslims, so as to convey this ‘aqeedah to mankind. Al-Bukhari and Muslim both narrated from ‘Abdullah ibn ‘Umar, who said that the Messenger of Allah (pbuh) said:
“I have been ordered to fight people until they profess that there is no God but Allah and that Muhammad is the Messenger of Allah, to establish the prayer and give the zakah; if they did so, their blood and their wealth would be inviolable to me, except by its right, and their account will be with Allah.” He (pbuh) made it obligatory on Muslims to have the Islamic ‘aqeedah as the basis for the state. He commanded Muslims to fight if the open disbelief emerged i.e. if the Islamic ‘aqeedah ceased to be the basis of ruling. The Messenger of Allah (pbuh) was asked once about the tyrant rulers, “Do we fight them?” He (pbuh) replied;
“No, as long as they established the salah amongst you.” In his pledge, he stipulated that Muslims should not dispute with the people in authority, unless they witness (in their actions) an open disbelief. Muslim narrated from ‘Awf ibn Malik regarding the wicked Imams,
it was said: “O Messenger of Allah! Do we fight them?’ He (pbuh) replied: “No as long as they established salah amongst you.” Al- Bukhari narrated from ‘Ubadah ibn al-Samit that in the Bay’ah he (pbuh) said:
“And do not dispute with the people in authority, unless you see (in their actions) an open disbelief upon which you have a proof from Allah”. Al-Tabarani extracted the same hadith but with the wording
“a clear (suraah) disbelief ”. All this demonstrates that the basis of the state is the Islamic ‘aqeedah, for the Messenger of Allah (pbuh) established his authority on that basis and ordered the Muslims to fight in order to preserve it as such, and to perform Jihad in order to spread it worldwide.
Therefore, it is forbidden for the Islamic State to have any thought, concept, rule or criterion not emanating from the Islamic ‘aqeedah. It would be futile to have the ‘aqeedah as a basis for the State only in name; rather it should be represented in every single area related to the existence of the State in all of its affairs. So, it is not allowed that the State has any concept about life and authority unless it emanates from the Islamic ‘aqeedah. Accordingly, the concept of democracy should not be adopted by the State for it is not derived from the aqeedah, and besides that, it contravenes the concepts that are derived from it. Nationalism and patriotism should not hold any value whatsoever, for these are not derived from the Islamic ‘aqeedah, and concepts originating from the ‘aqeedah abhor, forbid and warn of the dangers of such concepts. The ruling system of Islam does not contain the ministerial departments, which operate in the democratic system of government, for this concept is not derived from the Islamic ‘aqeedah. It also does not have any imperial, royal or republican concepts, because they are not derived from the Islamic ‘aqeedah, and disagree with the concepts that emanate from it. It is also not allowed to account the State on other than the basis of the Islamic ‘aqeedah, whether by individuals, parties or groups. It is forbidden to establish any movements, groups or parties based on other than the basis of the Islamic ‘aqeedah. The fact that the Islamic ‘aqeedah is the basis of the State obliges all that, and makes it obligatory for the State to abide by such rulings, being obligatory on the head of State and on the subjects ruled by the State.
The obligation of having the Islamic ‘aqeedah as the basis of the Islamic State necessitates that the State’s constitution and rules are derived from the Qur’an and the Sunnah of the Messenger of Allah (pbuh). Allah (swt) has ordered the Imam and the ruler to rule by that which Allah (swt) has revealed to His Messenger. He (pbuh) considered whoever ruled by other than that which Allah (swt) had revealed to be a disbeliever if he believed in it or believed that which Allah (swt) revealed is not suitable. He would be disobedient, a wrong doer, and a rebel if he ruled by other than that which Allah (swt) had revealed, but without believing in it. The command revealed is proved in the Qur’an and in the Sunnah. Allah (swt) 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 An-Nisa: 65]
Allah (swt) says:
“And rule between them by that which Allah has revealed.” [TMQ Al-Ma’idah: 49]
The legislation of the State has been restricted to that which Allah (swt) has revealed. He (swt) warns against ruling by other than that which He (swt) revealed i.e. ruling by Kufr. Allah (swt) says:
“And those who do not rule by that which Allah has revealed are the disbelievers.” [TMQ Al-Ma’idah: 44] The Messenger of Allah (pbuh) said;
“Any action which is not according to our matter is rejected.”
All this indicates that the State’s legislations, whether the constitution or laws, are restricted to what emanates from the Islamic ‘aqeedah in the form of divine laws. In other terms, it is restricted to that which has been revealed by Allah (swt) of rules in the Book and the Sunnah, and in whatever the Book and the Sunnah directed to of Qiyas (analogy) and Ijmaa’ al-Sahabah (general consensus of the companions). This is because the speech of the Legislator came related to the actions of the humans, and obliged the people to restrict themselves to it in all their actions, thus the organisation of actions comes from Allah (swt). The Islamic Shari’ah came in relation to all the actions of people, and all their relationships, whether the relationship was with Allah (swt), with themselves or with others. So there is no place in Islam for the people to put forward canons to the State for organising their relationships, because they are restricted to the Ahkam Shari’ah. And Allah (swt) says:
“Whatever the Messenger brings you take it, and whatever he forbids you leave it.” [TMQ Al-Hashr: 7] He (swt) also said:
“It is not fitting for a Muslim, man or woman, when Allah and His Messenger (swt) have decreed a matter that they have a choice in their matter.” [TMQ Al-Ahzab: 36]
The Prophet (pbuh) said,
“Verily Allah puts down obligations so do not neglect them, and puts down limits so do not transgress them, and forbade some things so do not indulge in them, and remained silent about some things, as permitted to you not out of forgetfulness, so do not ask about them.” Muslim narrated from ‘Umar that the Messenger of Allah (pbuh) said;
“whoever introduced into our matter that which is not from it, it is rejected.” So Allah (swt) put down the rules, and not the Imam, and He (pbuh) compelled the people and the rulers to follow them in their relationships and their actions, and He (pbuh) restricted them to these rules, and prevented them from following other than them.
Thus, there is no place for humans, in the Islamic State, to put down the rules for organising their relationships, nor in legislating the constitution or canons. There is also no place for the Imam to compel the people or to permit them to follow rules or canons introduced by man to organise their relationships.
The Prophet (pbuh) established the Islamic State in Madinah al- Munawwarah, together with the basis it was built on, its foundations, pillars, institutions, army and it’s domestic and foreign relationships. From the moment he arrived at Madinah he ruled over the Muslims, looked after their affairs, managed their matters and created the Islamic society. He also made a treaty with the Jews, Banu Dhamra and Banu Madlij, then with the Quraysh, with the people of Elat, Girba and Azrah. He gave the people a covenant that no one will be prevented from perfoming Hajj, and that no one is to be afraid in the month of Haram. He sent Hamza ibn ‘Abdul-Muttalib, ‘Ubaydah ibn Harith, and Sa’d ibn Abi Waqqas in expeditions to fight the Quraysh. He sent Zayd ibn Harithah, Ja’far ibn Abi Talib, ‘Abdullah ibn Ruwahah to fight the Romans. He sent Khalid ibn al-Walid to fight the Domma of Jandal, and he (pbuh) himself led the army in numerous battles, where he engaged in severe fighting. He appointed wulah (governors) for the provinces, and ‘ummaal (mayors) for the cities. He appointed ‘Attab ibn Aseed over Makkah after its opening, and Bazan ibn Sasan as wali (governor) over Yemen, after he became Muslim. He appointed Mu’az ibn Jabal for the khazraj over Jund, and he appointed Khalid ibn Sa’id ibn al-’Aas as ‘amil (mayor) over San’aa, and Zayd ibn Labeed ibn Tha’laba al-Ansari over Hadramut. He appointed Abu Musa al-Ash’ari over Zabeed and Aden. He appointed ‘Amr ibn al- ’Aas over Oman. Abu Dujana was ‘amil for the Messenger (pbuh) over Madinah. When he (pbuh) would appoint governors he would choose them from those who were suitable for the job they were responsible for, and they would infuse the hearts of their subjects with Iman, and he (pbuh) used to ask them about the way they would act in their ruling. Al-Baihaqi, Ahmad and Abu Dawood narrated,
“That when the Messenger of Allah (pbuh) sent Mu’az to Yemen he (pbuh) said to him, ‘How would you judge if a matter was raised to you?’ He said, ‘By the Book of Allah.’ He (pbuh) said, ‘If you do not find it in the Book of Allah?’ He said, ‘I would judge by the Sunnah of the Messenger of Allah (pbuh).’ He (pbuh) said, ‘If you did not find it in the Sunnah of the Messenger of Allah?’ He said, ‘I would perform my own ijtihad, sparing no effort in doing that.’ He said, ‘He (the Messenger of Allah (pbuh)) hit his hand on my chest and said: Praise be to Allah who helped the messenger of the Messenger of Allah in that which pleases the Messenger of Allah’”. It was narrated from Sa’id from ‘Amr ibn Awf that the Messenger (pbuh) appointed Iban ibn Sa’id ibn al-’Aas over Bahrain and he (pbuh) said to him,
“Take care of Abdu Qais and respect their leaders.”
He (pbuh) used to send governors from the best of those who embraced Islam. He used to order the governors to teach Islam to those who had accepted Islam, and to take sadaqah from the people. On many occasions, he (pbuh) would delegate the governor the job of levying of taxes, and He (pbuh) would command him to exhort the people with good, teach them the Qur’an, educate them in the deen, and he (pbuh) advised him to be lenient with the people in the truth and be hard against them in situations of injustice. He (pbuh) also ordered the governors to forbid the people from calling to their tribes when there was agitation between the people, so that their call be to Allah (swt) alone without partner. He (pbuh) told the governors to take a fifth of the wealth and what was obliged upon the Muslims of sadaqah. And that whoever accepted Islam sincerely from the Jews or the Christians and submitted to the deen of Islam, he would be a believer whose rights are like their rights and his obligations are like their obligations; and whoever remained a Jew or a Christian, he should not be tempted from his deen.
Muslim and al-Bukhari narrated from Ibn ‘Abbas that when the Messenger of Allah (pbuh) sent Mu’az to Yemen he (pbuh) said;
“You will be appointed over tribes from the People of the Book so let the first matter you call them to be the worship of Allah (swt). If they recognised Allah (swt) then inform them that Allah (swt) has obliged on them five prayers in the day and night. If they did that tell them that Allah (swt) obliged on them zakat which is taken from their wealthy people and paid to their poor people. If they obeyed, take (zakat) from them and stay away from their best property.” In another narration, they added,
“And protect you of the prayer (du’a) of the wronged (person), for there is no barrier between it and Allah (swt).”
On some occasions he (pbuh) appointed specific people to deal with financial matters. Every year, he (pbuh) would send ‘Abdullah ibn Ruwahah to the Jews of Khayber to assess their fruits. Al-Muwatta mentioned,
“The Messenger (pbuh) used to send ‘Abdullah ibn Ruwahah to assess their fruits between him and them. Then he would say: if you would like, this is for you, or if you like it is for me. They used to take it”.
Salman ibn Yassar said, “They gathered some of their women’s jewelry. Then they said, ‘This is for you and reduce from us and tolerate in the division’. ‘Abdullah ibn Ruwahah said ‘O people of the Jews! By Allah, from amongst the creatures of Allah (swt) I hate you most, but this will not drive me to oppress you. As for the bribe you offered me it is illegal property and we do not eat (take) it’. They said, ‘By this (justice) the heavens and the earth stand’.” He (pbuh) used to inquire about the situation of the governors and mayors and he used to listen to what is reported to him of their news. He removed ‘Ala ibn al-Hadhrami who was his ‘amil over Bahrain because a delegate from ‘Abdu Qais complained about him. Ibn Sa’id said that Muhammad ibn ‘Umar said, “I was told from ‘Amr ibn ‘Awf, the ally of Bani ‘Aamer ibn Luai that the Messenger of Allah (pbuh) sent ‘Ala ibn al-Hadhrami to Bahrain, then he removed him from it, and sent Iban ibn Sa’id as an ‘amil over it.” Muhammad ibn ‘Umar said, “The Messenger of Allah (pbuh) had written to ‘Ala ibn al-Hadhrami to come to him together with twenty men of ‘Abdu Qais, so he came to him with them. Their leader was ‘Abdullah ibn ‘Awf al-Ashajj and ‘Ala appointed al-Munzir ibn Sawa over Bahrain after him. The delegation complained of ‘Ala ibn al-Hadhrami. So the Messenger of Allah (pbuh) removed him and appointed Iban ibn Sa’id al-’Aas and said to him;
“Take care of ‘Abdu Qais and respect their leaders”. He (pbuh) used to receive the full (financial) accounts of the mayors and would enquire about their revenues and expenses.
Al-Bukhari and Muslim narrated from Abu Hammeed al-Saidi that,
The Prophet (pbuh) appointed Ibn al-Lutbiyyah over the sadaqah of Bani Saleem, “When he returned back to the Messenger of Allah (pbuh) and he revised accounts with him, he said, ‘This is what is yours, and this is a gift to me.’ The Messenger of Allah (pbuh) said, ‘Won’t you stay in your parents home and see if you get your present, if you say the truth?’ Then the Messenger of Allah (pbuh) stood preaching to the people. So he praised Allah and glorified Him and said, ‘after all, I appoint some men of you over some affairs in which Allah (swt) gave me authority. Then someone amongst you comes and says: This is for you and this is a gift given to me. Had he not sat in his fathers’s and mother’s home so as his gift comes to him if he says the truth. By Allah, no one of you would take of them (the sadaqah) anything unduly but comes to Allah (pbuh) carrying it on the Day of Judgement. Beware, I will know any man who comes to Allah with a camel that brays and a cow that is mooing and a sheep that bleats.’ Then he raised his hands till I could see the whiteness of his armpits. ‘Didn’t I convey’.” Abu Dawood narrated from Bareeda that the Messenger of Allah (pbuh) said, “Whomever we appointed in his job and we provided him (some funds), so whatever he took unduly would be ghalool (misappropriation).” The people of Yemen complained of the length of Mu’az’s prayer, so the Messenger of Allah (pbuh) restrained him. Al-Bukhari and Muslim narrated from Abu Mas’ud al- Ansari, who said, “
A man said, ‘O Messenger of Allah (pbuh) I hardly attend the (jama’a) prayer, because so and so person makes it long.’ As a response I have never seen the Prophet (pbuh) in any preaching angrier than he was then. He said, ‘O people! You drive the people away. So whoever becomes Imam to the people let him lighten (the prayer), for there are amongst them the sick, the weak and the one who has a pressing need’.” In another narration by Muslim from Jabir, he (pbuh) said, “… O Mu’az! Are you a seducer (fattan).”
He (pbuh) used to appoint judges to judge between the people. He appointed ‘Ali ibn Abu Talib as a judge over Yemen. He also dispatched Mu’az ibn Jabal and Abu Musa al-Ash’ari as judges to Yemen. He asked the two of them:
By what would they judge? They replied that if they did not find the rule in the Book or the Sunnah then they would measure the matter with another, and they would act with that which is closer to the truth. The Messenger of Allah (pbuh) consented with that, which indicates that he (pbuh) chose the judges and checked their method of judging.
He (pbuh) used to look after the affairs of the people and he appointed secretaries as heads of the departments. ‘Ali ibn Abu Talib was the secretary of agreements and peace treaties. Mu’ayqeeb ibn Abu Fatimah was in charge of the Prophet’s official seal and he was the secretary for booty. Huzayfah ibn al-Yaman used to assess the fruits of the Hijaz and Zubair ibn al-’Awaam used to record the funds of the sadaqah, and al- Mughira ibn Shu’abah used to record the debts and transactions, and Shurahbeel ibn Hasanah used to write the letters to the leaders of other states. He (pbuh) appointed a secretary for each of the interests, however numerous these were. He (pbuh) used to make many consultations with his companions and he (pbuh) did not prevent himself from consulting the people of opinion and vision and those whom he (pbuh) witnessed of their intellect and honour, and showed their strong Iman and sacrifice in calling for Islam. He (pbuh) assigned fourteen men for Shura to whom he used to refer to for seeking an opinion. He (pbuh) chose them because they were the chiefs of their people, i.e. their representatives. They were seven from the muhajiroon and seven from the Ansar. Amongst them were Abu Bakr, Hamza, ‘Umar, ‘Ali, Ja’far, Bilal, Ibn Mas’ud, Salman, ‘Ammar and Abu Dharr. He (pbuh) also used to seek advice from other than these people, but these people mentioned are the ones he sought opinion from extensively. In reality these people constituted the Majlis al-Shura. He (pbuh) collected funds that were due on the Muslims and non-Muslims, and on lands, fruits and livestock. These were: zakat, ‘ushr, fai, kharaj and jizyahh. The funds of spoils and booties were due to Bait al-Maal. Zakat was distributed on the eight types of people mentioned in the Qur’an and it was not given to other than them nor was it used to manage the affairs of the State. Funds for looking after the affairs of the people used to be from the revenues of fai, kharaj, jizyah and booty, which were sufficient for running the State and preparing the army, thus the State did not feel that it had a shortage of funds.
In this way the Prophet (pbuh) established the structure of the Islamic State and he completed it in his life. He (pbuh) was the leader of the State and had assistants, governors, judges, army, directors of departments, and a majlis he used to refer to for Shura. This framework in its structure and functions has been mentioned in the Shari’ah texts. The Messenger of Allah (pbuh) performed the actions of the leader of the State from the moment he (pbuh) arrived in Madinah until his (pbuh) death, and Abu Bakr and ‘Umar were his assistants. The Sahabah consented after him on establishing a leader for the State who would succeed the Messenger of Allah (pbuh) in the leadership of the State only, and not in Messengership or Prophethood because he (pbuh) was the seal of the Prophets. Thus the Messenger (pbuh) established the whole structure of the State in his life, and he left behind the shape of ruling, and structure of the State completely known and clear.