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.

System of Islam

System of Islam

This excellent book is translated from the original Arabic book 'Nidham ul Islam’ by Sheikh Taqiuddin An Nabahani, an Islamic jurist, ‘alim, writer and the founder of Hizb ut-Tahrir - the largest Islamic global political party under a single leadership.

It lays out the fundamentals to develop a strong Islamic personality and da'wah carrier. It begins with laying the foundation by explaining the correct way to belief.

It proves the existence of a creator intellectually and the Quran as the final revelation sent to humanity by Allah (swt). It then goes on to clarify the important creedal concept of Al-Qada wal Qadar (fate and destiny), which is often held in a vague or confused manner.

The third chapter, its largest concentrates on explaining the different ideologies that exists namely Capitalism, Communism and Islam highlighting the differences between them giving the reader a clear framework to understand the world that we live in. After having laid the basis for the correct belief, intellectual and political thinking, it then moves onto address the key Islamic legal principles. The short chapters are intended to focus on the most important aspects such as Usuli subjects like the meaning of Hukm Shar'i, the types of ahkam shariah, Sunnah and emulating (ta'assi) the actions of the Messenger (saw). The last section of the book also clarifies misconceptions regarding spirituality and morals according to Islam as well as articulating the need for a constitution for the future Islamic state.

Article 24

The Khaleefah is deputised by the Ummah with authority for the enactment of the divine law.

Article 25

Khilafah is a contract of nomination and acceptance. No-one is obliged to accept it and no-one is obliged to nominate a particular person for it.

Article 26

Every mature male and female Muslim, who is sane, has the right to participate in the election of the Khaleefah and in giving him the pledge (ba’iah). Non-Muslims have no right in this regard.

Article 27

Once the contract of the Khilafah has been concluded on a person through the ba’iah of those by whom the ba’iah is legitimately concluded, the ba’iah of the remaining people is a ba’iah of obedience and not contract. Consequently, those who might disobey or rebel are obliged to give ba’iah.

Article 28

Nobody can become Khaleefah without being appointed by the Muslims. Nobody can hold the power of the Khilafah unless it is convened to him legitimately, as is the case with any contract in Islam.

Article 29

Any country which wishes to give the Khaleefah the ba’iah of contract, her sultan (authority) must be self-acting , that depends on muslims only and not on any kafir state. The security of the Muslims in that country, both internally and externally, must be maintained by the security of Islam and not kufr. As for the ba’iah of obedience only it can be taken from any other country without such conditions.

Article 30

The individual who is given the ba’iah for Khilafah need only to fulfill the contracting conditions, even if he did not fulfill the preference conditions, because what is essential is the conditions of contracting.

Article 31

There are seven conditions needed in the Khaleefah so as Khilafah be contracted to him. They are to be a male, muslim, free, mature, sane, 'adl (trustworthy) and competent (capable for the post).

Article 32

 If the post of the Khaleefah becomes vacant, due to death, resignation or dismissal of the appointment of a new Khaleefah must take place within three days including their nights of the date when it became vacant.

Article 33

The Khilafah is to be appointed in the following manner:

a. The Muslim members of the Majlis al-Ummah short-list the candidates for that post. Their names are subsequently announced and the Muslims are asked to elect one person from them.

b. The result of the election is announced and the person who has attained the majority of the votes is to be announced to the Muslims.

c. The Muslims must hasten to give ba’iah to the one who has attained the majority of votes as a Khaleefah for muslims , on the condition of following the Qur'an and the Sunnah of Rasool Allah (saw) .

d. Once the ba’iah has been accomplished, the name of the man who has become the Khaleefah along with a statement that he is qualified with all the agreement conditions necessary for holding the office of Khilafah is announced to the people so that the news of his appointment reaches the entire Ummah.

Article 34

The Ummah is the authority to appoint the Khaleefah but she has no right to dismiss him after he has legitimately attained the ba’iah of contracting.

Article 35

The Khaleefah is the State. He possesses all the powers/function of the state; so he possesses the following powers:

a. The Khaleefah puts the AHkam Shara’iah, once he adopted them, into law, and as such they become canons that must be obeyed and not violated.

b. The Khaleefah is responsible for both the internal and external policies of the State. He takes charge of the leadership of the army and has the right to declare war, conclude peace, armistice, and treaties.

c. The Khaleefah has the authority to accept and reject foreign ambassadors, and to appoint and dismiss Muslim ambassadors.

d. The Khaleefah appoints and dismisses the assistants (mâawin) and the governors (wulah). The assistants and governors are responsible to the Khaleefah as well as to Majlis al-Ummah. e. The Khaleefah appoints and dismisses the chief judge, the directors of departments, the heads of the armed forces and the generals; all of whom are responsible to the Khaleefah and not to the Majlis al-Ummah.

f. The Khaleefah adopts the AHkam Shara’iah by which the State's budget is set. The Khaleefah decides its sections and the funds required for every field, whether they are related to revenue or expenditure.

Article 36

The Khaleefah is restricted in what he adopts by the AHkam Shara’iah. He is forbidden to adopt any rule that is not soundly deduced from the divine texts. He is restricted to the rules he has adopted and to the method for deduction that he has chosen. Accordingly, he is prevented from adopting a rule deduced by a method that contradicts the method he has adopted, and he must not enact any command that contradicts the rules he has adopted.

Article 37

The Khaleefah has the absolute right to conduct the citizens affairs according to his ijtihad, so he has the right to adopt of the mubah matters anything he wants to run the State affairs and to look after the affairs of the citizens. However, he is not allowed to disagree with a Hukm shara'i under the name of interest. For example; he cannot prevent a family from having more than one child under the pretext of the shortage in food-stuffs. Nor can he fix prices on the pretext of preventing exploitation; or appoint a kafir or a woman as a wali on the pretext of caring for affairs or the interest, nor anything that disagrees with shar’a rules. The Khaleefah must not forbid any halal thing or allow any haram thing.

Article 38

There is no limitation on the Khaleefah's period in office. So as long as he abides by the shar’a, implements its rules and is able to manage the State's affairs, he continues as a Khaleefah unless his situation changes in such a way as to discharge him from the office of Khilafah. He is to be dismissed immediately, once such situation occured.

Article 39

There are three matters by which the situation of the Khaleefah changes, and by such he is discharged from the office of Khilafah. They are:

a. If one of the qualifying conditions of the Khilafah contract becomes void, such as apostatising from Islam, insanity or manifest sinfulness (fisq) and the like. This is because these are conditions for contracting the Khilafah and for its continuity.

b. His inability to undertake the responsibilities of the Khilafah post, for any reason.

c. In the event of sub-dual, whereby the Khaleefah is rendered unable to conduct the affairs of the Muslims by his own opinion according to the shar’a. If the Khaleefah is subdued by any force to an extent that he is unable to manage the citizens affairs by his own opinion alone according to the rules of shar’a, he is considered to be legitimately incapable of undertaking the functions of the state, and thus he ceases to be a Khaleefah. This situation may arise under two circumstances. They are: First. When one, or more, of the Khaleefah's entourage exerts control over the management of affairs. If there is a chance that the Khaleefah could rid himself of their dominance he is cautioned for a specified period of time, after which, if he fails to rid himself of their dominance, he must be dismissed. If it appears that there is no chance of the Khaleefah freeing himself from their dominance, he is to be dismissed immediately.

Second. Should the Khaleefah be captured by a subduing enemy, whether he is actually captured or under its influence. In this case the situation is to be examined; if there is a chance to rescue the Khaleefah, he is given a period of time until it appears that there is no hope to rescue him, after which he is dismissed. Should it appear from the outset that there is no hope of rescuing him, he is to be dismissed immediately.

Article 40

The responsibility of deciding whether or not the Khaleefah's situation has altered in such a way as to warrant his dismissal is the prerogative of the Court for the Acts of Injustice (mahkumat ul-maDHalim). It, alone, has the authority to admonish or dismiss the Khaleefah.

Article 16

The ruling system of the State is that of a unitary ruling system and not a federation.

Article 17

Ruling is centralised and administration is de-centralised.

Article 18

There are four positions of ruling in the State. They are: The Khaleefah , the delegated assistant (moâawin), the governor (wali), the mayor (a'mil) All other officials of the State are employees and not rulers.

Article 19

Nobody is permitted to take charge of ruling, or any action considered to be of the nature of ruling, except a male who is free, i.e., not a slave, mature, sane, trustworthy ('adl) , competent; and he must not be save a muslim.

Article 20

Calling upon the rulers to account for their actions is both a right for the Muslims and a fard kifayah (collective duty) upon them. Non-Muslim subjects have the right to make known their complaints about the rulers injustice and misapplication of the Islamic rules upon them.

Article 21

Muslims are entitled to establish political parties to question the rulers and to access the positions of ruling through the nation (Ummah) on condition that the parties are based on the creed of Islam and their adopted rules are AHkam Shari’ah; the establishment of such a party does not require a license by the State. Any party not established on the basis of Islam is prohibited.

Article 22

The ruling system is founded upon four principles. They are:

1. Sovereignty belongs to the divine law (shar’a) and not to the people;

2. Authority belongs to the people, i.e., the Ummah;

3. The appointment of one Khaleefah into office is an obligation upon all Muslims;

4. Only the Khaleefah has the right to adopt the AHkam Shari’ah and thus he passes the constitution and the various canons.

Article 23

The State system is made of eight institutions. They are:

1. The Khaleefah

2. The delegated assistant (mu’awin at-tafweeD) 3. The executing assistants (mu’awin at-tanfeedh)

4. Amir of jihad

5. Governors (Wulah)

6. Judges

7. The state departments 8. The council of the Ummah (majlis al-Ummah)

Article 1

The Islamic creed (’aqeedah) constitutes the foundation of the State. Nothing is permitted to exist in the government's structure, accountability, or any other aspect connected with the government, that does not take the creed as its source. The creed is also the source for the State's constitution and shar’ai canons. Nothing connected to the constitution or canons, is permitted to exist unless it emanates from the Islamic ’aqeedah.

Article 2

The domain of Islam (Dar al-Islam) is that entity which applies the rules of Islam in life's affairs and whose security is maintained by Muslims. The domain of disbelief (Dar al-Kufr) is that entity which applies the rules of kufr and whose security is maintained by the kuffar.

Article 3

The Khaleefah is empowered to adopt divine rules (AHkam Shari’ah) enacted as consitution and canons. Once the Khaleefah has adopted a divine rule, that rule, alone, becomes the divine rule that must be enacted and then implemented. Every citizen must openly and secretly obey that adopted rule. A Draft Constitution

Article 4

The Khaleefah does not adopt divine rules pertaining to worship, i.e. ‘ibadat, except in connection with alms (zakah) and war (jihad). Also, he does not to adopt any of the thoughts connected with the Islamic creed.

Article 5

All citizens of the Islamic State are entitled to enjoy the divine rights and duties.

Article 6

All citizens of the State shall be treated equally regardless of religion, race, colour or any other matter. The State is forbidden to discriminate among its citizens in all matters, be it ruling or judicial, or caring of affairs.

Article 7

The State implements the divine law on all citizens who hold citizenship of the Islamic State, whether Muslims or not, in the following manner:

a. The divine law is implemented in its entirety, without exception, on all Muslims;

b. Non-Muslims are allowed to follow their own beliefs and worships.

c. Those who are guilty of apostasy (murtad) from Islam are to be executed according to the rule of apostasy, provided they have themselves renounced Islam. If they are born as non-Muslims, i.e., if they are the sons of apostates, then they are treated as non-Muslims according to their status as being either polytheists (mushriks) or People of the Book.

d. In matters of food and clothing the non-Muslims are treated according to their religions within the limits allowed by AHkam Shara’iah.

e. Marital affairs, including divorce, among non-Muslims are settled in accordance with their religions, but between non-Muslims and Muslims they are settled according to the divine law.

f. All the remaining Shara'iah matters and rules, such as: the application of transactions, punishments and evidences (at court), the system of ruling and economics are implemented by the State upon everyone, Muslim and non-Muslim alike. This includes the people of treaties (muâaahid), the protected subjects (ahlu zimmah) and all who submit to the authority of Islam. The implementation on these people is the same as the implementation on the subjects of the State. Ambassadors and envoys enjoy diplomatic immunity.

Article 8

The Arabic is the language of Islam and the sole language of the State.

Article 9

Ijtihad (personal exertion to derive the Islamic rule) is fard kifayah (a collective duty). Every Muslim has the right to exercise ijtihad if he has acquired the necessary conditions to perform it.

Article 10

There is no such thing as a clergy in Islam as all Muslims bear the responsibility for Islam. The State will prevent anything that signifies the existence of a clergy among Muslims.

Article 11

The primary function of the State is the propagation of the invitation (dâwah) to Islam.

Article 12

The only evidences to be considered for the divine rules (AHkam Shara’iah) are: the Qur'an, the Sunnah, the consensus of the Companions (ijmaâ as-sahabah) and analogy (qiyas). Legislation cannot be taken from any source other than these evidences. Article 13

Every individual is innocent until proven guilty. No person shall be punished without a court sentence. Torturing is absolutely forbidden and whoever inflicts torture on anyone shall be punished.

Article 14

All human actions are, in origin, restricted by the divine rules (AHkam Shari’ah), and no action shall be undertaken until its rule (hukm) is known. Every thing or object is permitted, i.e., halal, unless there is an evidence of prohibition.

Article 15

Any means that most likely leads to a prohibition (haram) is itself haram. However if it is (only) feared to lead (to a prohibition) it would not be haram.

Canon is a foreign technical term which means the decree issued by the ruler for people to enact. It has been defined as "the group of principles which the ruler obliges the people to enact in their relationships". The basic law for every government is called a constitution; whereas law which emanates from the system decreed by the constitution, is called a canon. The term constitution has been defined as the canon which outlines the shape of the state and its ruling system, and explains the limits and functions of every authority vested in it, or the canon which organises public authority, i.e. the government, defines its relationship with its subjects, and assigns both the State's rights and duties towards the subjects and the subject's duties and rights towards the State. Constitutions have different origins. Some have been issued in the form of a canon, and some have arisen through customs and norms, such as the British constitution, while others have been drafted by a committee of a national assembly - vested with the authority at that time - which passed the constitution, defined the procedure for revising it and then dissolved itself so as to be replaced by the authority established by the constitution, as happened in America and France. Constitutions and canons are taken from two sources. The first being the source from which they directly originate, such as norms, religion, the opinions of jurists, court precedents and the principles of justice and equity. This is known as the legislative source. Examples of this type of constitution are some of the Western states like Britain and America. The second is a historical source, i.e. the source from which the constitution or canon emerges or is taken, like the French Constitution and the constitutions of some of the states in the Islamic world, like Turkey, Egypt, Iraq and Syria.

This is but a brief definition of the terms constitution and canon, which in sum means, that the State takes certain rules from either legislative or historical sources which it adopts and enacts, such that thereafter the rules adopted by the State become a constitution, if they are general, or canons if they are specific.

The question that now faces the Muslims is whether or not it is permissible to use these terms? The answer to this question is that if foreign terms contain meanings or logical connotations that contradict the terminology of Muslims, they are prohibited for use: such as the term "social justice", which implies a specific system that is manifested in the form of guaranteeing education, medical care for the poor and guaranteeing the rights of employees and workers. This connotation contradicts the Muslims terminological meaning for justice, because in Islam justice ('adl) means the opposite of injustice (DHulm). As for securing of education and medical care it is a right for rich and poor, and protecting the rights of the weak and needy is a right secured to all those who hold citizenship of the Islamic State, whether they are employees, labourers or farmers etc. However, if the meaning of the terminology is consistent with what the Muslims have then it is permissible to use that term, such as the term tax, which means the funds collected from the people for the management of the state. The Muslims do have funds collected by the State for the management of their affairs and, thus, it is correct to use the term tax. The terms constitution and canon mean that the state adopts certain rules, announces them to the people and obliges them to act according to them and it governs them on their basis. This meaning is consistent with Islam. Accordingly, we do not find anything to prevent the use of the terms constitution and canons, which means the rules adopted by the Khaleefah from the AHkam shar’aiah. However, there is a difference between the Islamic constitution and canons, on the one hand, and other constitutions and canons, on the other. The source of the other constitutions and canons is the traditions and verdicts of their courts etc. and the origin is an institutional committee which lays down the constitution, and councils elected by the people to enact canons, for they consider the people to be the source of authority and sovereignty. As for the Islamic constitution and canons, their source is the Qur'an and Sunnah only, and their origin is the ijtihad of the mujtahideen from which the Khaleefah adopts certain rules, where he enacts them and obliges the people to act according to them. This is because sovereignty is for the shar’aiah and ijtihad is a right for all Muslims and a fard kifayah upon them to deduce AHkam shar’aiah. Only the Khaleefah has the right to adopt the AHkam shar’aiah.

This is with respect to the permissibility of using the terms constitution and canon. As for the necessity of adopting rules, the Muslims, from the time of Abu Bakr (ra) up to the time of the last Khaleefah, have seen the necessity of adopting rules according to which the Muslims have been commanded to act. This adoption was for specific rules and not a comprehensive adoption of all the decrees that the state ruled with. The State only adopted comprehensively in some eras, namely, when the Ayubites adopted Ash-Shafi'i madhab and when the Uthtmani State adopted Al- Hanafi madhab.

The question which arises is, whether or not it is in the interest of the Muslims to lay down a comprehensive constitution and general canons? The answer to this question is that the presence of a comprehensive constitution and general canons for all rules hinders creativity and ijtihad. Hence, the Khulafa'a in the age of the Companions (Sahabah), the followers of the Companions (tabe'ieen), and the followers of the followers of the Companions (tab''ii et-tabe'ieen), avoided adopting all the rules. They merely restricted adoption to specific rules where adoption was required to maintain the unity of ruling, legislation and administration. Therefore, for the sake of maintaining creativity and ijtihad, it is preferable for the State not to have a comprehensive constitution which includes all the rules, but rather a constitution that includes general rules which define the form of the State and which guarantees the continuity of its unity, and leaves ijtihad and deduction to the governors and judges. This is the case if ijtihad is feasible and people are mujtahideen as in the time of the Sahabah, tabe'ieen, and tab'ii et-tabe'ieen. But if all the people are muqallideen, and mujtahideen are rare, it is obligatory for the State to adopt rules by which the State, i.e. the Khaleefah, wulah and judges govern the people. This is because otherwise ruling by what Allah (swt) has revealed would be not easy and the governors and judges will suffer from differences and contradicting taqleed. However, adoption should come after studying the subject matter and daleel. Allowing the wulah and judges to rule from their own knowledge will lead to the existence of different and contradicting rules within the same state, even in the same province, and it could even lead to them judging with other than what Allah (swt) has revealed. Therefore, because the ignorance of Islam prevails these days, it is obligatory for the Islamic State to adopt certain rules confined to the transactions and punishments, excluding adoption in ’aqeedah and the ‘ibadat. This adoption should be inclusive for all the rules so as to punctuate the state's affairs and to conduct all the affairs of the Muslims in accordance with the rules of Allah (swt). When the state adopts the rules and establishes the constitution and canons, it must restrict itself solely to the AHkam shar’aiah. It must not adopt, or even study, anything other than the AHkam shar’aiah, whether it agrees with Islam or not. For example, it must not adopt the nationalisation of property. Instead, it must lay down the rule (hukm) of public property. The state has to restrict itself by the AHkam shar’aiah in every matter connected with the thought (fikrah) and the method (Tareeqah). But as for the canons and systems that are not connected with the fikrah and method (Tareeqah) and thus do not denote a certain view point of life, such as the administrative canons and departmental structures etc. they are considered to be means and styles, like the sciences, industries and technology, which the state may adopt to manage its affairs, as happened with Umar ibn al-Khattab (ra) when he established the army registers (divans) which were taken over from the Persians. These administrative and technical matters are not part of the constitution or the AHkam shar’aiah and, therefore, are not included in the constitution. Thus, the duty of the Islamic State is to observe that its constitution be AHkam shar’aiah i.e. that its constitution and canon be Islamic.When it adopts any rule it has to adopt it based on the strength of the daleel shar’ai with the correct understanding of the subject matter. Hence, first it has to study the problem in order to understand it - because understanding the problem is essential. It must then understand the hukm shar’ai related to this problem. Then it has to study daleel of the hukm shar’ai. The state then adopts this rule, based on the strength of daleel, on condition that these AHkam shar’aiah are adopted either from the opinion of one of the mujtahids - after looking through the daleel and be sure of its strength - or through ijtihad shar’ai, even in the single issue, from the Qur'an and Sunnah, ijma'a as-sahabah, or qiyas. Thus, for example, if the State wished to adopt forbidding insurance on goods, it has first to understand the nature of insurance on goods. It must study the means of possession. Allah's (swt) law concerning property would be applied on insurance and this would subsequently be adopted as the Hukm shar’ai in this question. Accordingly, there should be an introduction to the constitution and to each canon that clearly explains the madhab from which each article has been deduced, the daleel relied upon. If the article was deduced by a correct ijtihad, an explanation of the daleel from which the article has been deduced has to be provided, so that the Muslims know that the rules which the state has adopted in the constitution and canons are AHkam shar’aiah reached by correct ijtihad. This is because the Muslims are not obliged to obey the laws of the State unless they are AHkam shar’aiah adopted by the State. According to this basis, the State adopts AHkam shar’aiah in the form of a constitution and canons in order to govern the people who hold its citizenship.

As an illustration of this, we place in the hands of Muslims a draft constitution for the Islamic State in the Islamic world, to be studied by Muslims while they are working to establish the Islamic State that will carry the Islamic da'wah to the world. It should be noticed that this constitution is not meant for a particular country or intended to be specific to any region or country but for the Islamic State in the Islamic world.

During the era of the Companions (sahabah), the Muslims used to extract the AHkam shar’aiah from the Book and the Sunnah by themselves. The judges, when tackling the disputes among people, would deduce by themselves the hukm shar’ai for every issue or event that they were faced with. The rulers, starting with the Ameer al-Mu'mineen to the Wulat and others, would themselves deduce the AHkam shar’aiah to solve every problem that arose during their ruling. Abu-Musa al Ash'ari and ShuraiH (raa) were two judges (qadi) who deduced the rules (AHkam) and judged by their own ijtihad. Mu'adh ibn Jabal (r.a) was a governor (wali) at the time of the Prophet (saw) and used to deduce aHkam and ruled in his wilayah by his own ijtihad. Abu Bakr and Umar (ra) both deduced aHkam by themselves during their ruling and both ruled the people with the ijtihad each of them had deduced. Muawiya and Amr ibn al 'Aas were two governors who deduced aHkam for themselves by their own ijtihad and ruled people in accordance with it in their provinces. In spite of the ijtihad undertaken by the judges and governors, the Khaleefah used to adopt certain aHkam and to order their execution by the people who would be obliged themselves to implement the adopted rules and to leave their own opinion and ijtihad on those rules. This is because the hukm shar’ai states that the Imam's decree is to be executed openly and covertly. Examples of this is Abu Bakr's adoption that the pronouncement of divorce three times in one sitting constitutes only one divorce, and his adoption that funds should be equally distributed among Muslims irrespective of the time when they embraced Islam or any other matter. The Muslims followed Abu Bakr in these adoptions and the judges and governors executed them. When 'Umar came to office after him he adopted different opinions in the same questions. He obliged people to accept and execute the pronouncement of divorce three times in one sitting as three divorces, and he distributed the funds differently according to the time when the people had entered Islam and according to need. The Muslims followed 'Umar in these adoptions and the judges and governors executed them. 'Umar also made the adoption that land obtained in war was a ghanima owned by the Bait ul Mal (House of Funds), wherein the original owners would retain possession and not distribute the land to the Muslim soldiers or the Muslims. The governors and judges followed him in this adoption and enacted the aHkam he had adopted. Accordingly, the consensus of the Companions (ijma'a as-sahabah) confirms that the Imam has the authority to adopt certain rules and order that they be executed and the Muslims must obey him, even if their ijtihad differs from it. Among the well known shar’aiah principles are:

"The Sultan has the right to adopt decrees as numerous as the actual problems";

"The Imam's decre e resolves the discord"; and

"The Imam's command is executed openly and covertly".

Henceforth, the Khulafa'a adopted specific AHkam. Haroon ar-Rasheed, for example, adopted the book Kitab al-Kharaj in the economic affairs, and he obliged all the people to execute the AHkam included within it.

The actions performed by the Prophet (saw) are of two kinds; the actions that are part of his human nature and other actions. Every action that is part of his nature, such as standing, sitting, drinking, and eating etc. are indisputably permitted (mubah) for both him and his Ummah. Consequently, they do not fall within the category of actions of the mandoob.

Those actions which are not part of his human nature are either of the actions that are proven to be specifically personal to him i.e. they are not practised by anyone else, or they are not personal to him. Those actions which are proven to be specifically personal to the Prophet (saw), such as the permission for him to fast continually through the day and night, and to marry more than four wives etc. are specific to him and it is haram for us to emulate him as it has been proven by Ijma'a that they are only specific to him, and thus we are not permitted to emulate him in these actions.

Those actions known to be demonstration for us to follow are indisputable daleels (evidences). They are known by either a quite explicit statement, such as:

"Pray the same as you have seen me pray", and

"Emulate me in all your rituals".

The evidence here denotes that his action is demonstration for us to follow. Or they are known by a circumstantial evidence, such as amputating the hand of a thief from the wrist bone as an explanation of Allah's (swt) saying

"Cut off their hands". [Al-Ma’idah: 38]

This explanation of his action, either by speech or circumstantial evidences, takes the same Hukum of that which is explained in terms of Wojoob, Nadb or IbaHah according to the evidence.

As for those actions of the Prophet which are not accompanied either by a negation or affirmation from the Prophet (saw), they either show the intention of qurbah (nearness to Allah (swt)) or not. If they show the intention qurbah they become mandoob, where the performer is rewarded for performing it and the abstainer is not punished. An example of this kind is the Sunnah of duHa. However, if the intention of qurbah to Allah (swt) is not evident, they fall within the permissible actions (mubaH).

Linguistically Sunnah means the method. However, in terms of the Shari’ah it designates the nafilah that has been narrated from the Prophet (saw) such as the recommended rakaat (rakaat as-Sunnah) which are distinct from fard (compulsory). It should not be understood that the action is called Sunnah because it is from the Prophet and that the fard is from Allah (swt). The Sunnah and the fard are both from Allah (swt); and Rasool Allah (saw) is but a conveyor from Allah (swt), because the Rasool Allah (saw) uttered not out of whims but only that which was revealed to him from Allah (swt) i.e. wahy. Thus, although Sunnah is narrated from the Prophet (saw), nevertheless it is narrated as a recommended action i.e. nafilah that is why it is called sunnah; in the same way that the fard has been narrated as a compulsory action. Hence, the two compulsory raka'at of the dawn (fajr) prayer have been narrated from the Prophet (saw) through decisive reports, known as tawatur, as being fard; and the two recommended raka'at of the fajr prayer have also been narrated through decisive reports (tawatur) as being Sunnah (nafilah); and both are from Allah (swt) and not from Rasool Allah (saw) himself. Thus the command (amr) is either fard or nafilah in actions of worship (‘ibadat), and fard , mandoob or mubaH in other actions. In other words, nafilah is the same as mandoob, but it is called nafilah, and called as Sunnah.

The Sunnah also means all the shar’ai evidences which came from Rasool Allah (saw) other than the Qur'an. This includes his speech, actions and consent (his silence upon actions performed before him).

The AHkam shar’aiah are divided into: the fard (compulsory), the haram (prohibited), the mandoob (recommended), the makruh (undesirable) and the Mubah (permissible). The Hukm shar’ai is either an order to perform an action or to abstain from performing an action. If the order (amr) to perform the action is decisive (jazim), then it is classified as fard or wajib. Both these terms are synonymous. If the amr to do an action is indecisive, it is classified as mandoob. If the order to abstain is decisive, it is classified as haram or maHzur which are synonymous, whereas if the order to abstain is indecisive (ghair jazim), it is classified as Makruh. Thus, with the fard/wajib, the performer is praised and the one who abstains from it is condemned. The person who neglects to perform the fard deserves to be punished. The person who performs the haram is condemned and the one who abstains from it is praised. The person who performs the haram deserves to be punished. The person who performs the mandoob is praised and rewarded and the one who abstains is not condemned i.e. he is rewarded for performing the action and not punished for abstaining from it. The person who does not perform the makruh action is praised and rewarded i.e. abstaining from the makruh is preferable. The mubah is which the daleel as-Sam'ai (textual evidence) shows that the speech of the Legislator implies the choice between performing an action or abstaining from it.

Hukm shar’ai is the speech of the Legislator related to the actions of the servants ('ibaad). It is either conclusively proven (qat'iy uthuboot), such as the Qur'an and hadith mutawatir or inconclusively proven (dhanniy uthuboot) such as the non-mutawatir hadith. If it is qat'iy uthuboot and its meaning is definitive (qat'iy udalalah), the hukm will be conclusive. An example of this is the number of all prescribed raka'ah in salat, as they are mentioned in the hadith mutawatir. Likewise, the prohibition of riba, the amputation of the hand of the thief, and the lashing of the zani (adulterer) are conclusive rules whose correctness is definite, where there is only one single conclusively proven opinion.

If the speech of the Legislator is qat'iy uthuboot and does not yield a definite meaning (dhanniy udalalah), then the included hukm is inconclusive. For example, the ayah related to jizyah in the Qur'an. The ayah is qat'iy uthuboot but the meaning is not definite. The Hanafi school stipulated that it be called jizyah and those who are required to pay it must be in a state of humiliation when rendering payment. However, the Shafi'i school did not stipulate calling it jizyah and permitted jizyah to be called double zakah They did not require for the one paying it to be humiliated, but it is enough to submit to the Islamic rules.

If the speech of the Legislator is dhanniy uthuboot, such as the non-mutawatir hadith, then the hukm included will not be conclusive, regardless of whether the meaning is qat'iy udalalah or not. For example, fasting six days in Shawwal or the prohibition of leasing agricultural land, both of which are proven through Sunnah.

The hukm Shara'i is understood from the speech of the Legislator (Khitab Ashari') through a correct ijtihad. Thus, the ijtihad of a mujtahid produces the Hukm Shara'i. Accordingly, Allah (swt)'s hukm for every mujtahid is the hukm that mujtahid arrived at through his ijtihad and what he most likely thinks to be correct.

It has been agreed upon amongst scholars that if a mukallaf (one under legal responsibility) fulfils the capacity of ijtihad in one question or more and makes ijtihad and reaches thereupon a hukm, he is not allowed to follow other mujtahideen in this issue, because it would be a taqleed of an opinion which is different to what is most likely correct in his opinion. The muttab'i is a person who has acquired some important knowledge in ijtihad and consequently follows the hukm after understanding its daleel. Accordingly, Allah's (swt) hukm for this muttab'i is the opinion of the mujtahid whom he follows. The 'aammi is the person who does not possess some important knowledge in ijtihad and hence follows the mujtahid without having knowledge of the daleel for the hukm. This 'aammi has to follow the opinion of the mujtahideen and apply the aHkam they have deduced. The Hukm Shara'i on his part is the one deduced by the mujtahid whom he follows. Therefore, the Hukm Shara'i is the hukm deduced by the mujtahid who is qualified to practise ijtihad. It is Allah's (swt) hukm for him, and he is not allowed to leave it to follow another opinion. It is also Allah's (swt) hukm for those who follow the mujtahid and they are not permitted to leave it.

If the muqallid follows a mujtahid in a hukm of any issue and acts accordingly, he is not allowed to leave that hukm for another mujtahid at all. However, it is permissible for the muqallid to follow the mujtahid in other issues, because ijma'a as-Sahabah permitted that a muqallid may ask a different 'aalim (scholar) on a different issue. If the muqallid assigned a certain School of Thought (madhab), such as the Shafi'i and committed himself to follow the entire madhab, then the following applies upon him: The muqallid is not allowed to follow any other mujtahid on an issue he has already practised according to the madhab he is following. Regarding the issues that he has not practised yet, he is allowed to follow the other mujtahideen. However, if a mujtahid reached a hukm on an issue through his ijtihad, he is allowed to abandon the result of his ijtihad and follow another opinion, if it means the unification of all Muslims on one opinion, as happened at the bai’ah of 'Uthman.

Islam is the deen revealed by Allah (swt) upon Muhammad (saw) to organise the relationship of man with his Creator, with himself, and with other human beings. Man's relationship with his Creator includes the ‘aqaid (creeds) and the acts of worship. Man's relationship with himself includes the moral code, diet, and clothing. Man's relationship with other humans involves societal transactions and the penal code. Hence, Islam is an ideology addressing all life affairs. It is not a theology that deals with priestly matters, whatsoever. It does away with authocracy (the dichotomy of clergy) for there is not a group called the clergy and another group called temporal. All those who embrace Islam are considered Muslims and are equal (in terms of obligation and rights) from the viewpoint of Islam. Hence there is no clergy and secular/temporal men, for its spiritual aspect means that all things are created by a Creator and organised by His order. Such a profound view of man, life and the universe and what surrounds them and what is related to them, necessarily shows that all of these are defective (naaqis), deficient (a'ajiz), and needy (multtaj). This confirms beyond doubt that all these are created by a Creator, governed by His commands and that man, when he proceeds in this life, needs a system to organise the satisfaction and fulfilment of his instincts and organic needs. This system cannot emanate from man as he is deficient and lacks comprehensive knowledge. Furthermore, man's ability to set such a system is subject to differences, inconsistency, and contradiction. This will produce a system full of contradiction that will lead to man's misery. The system must, therefore, come from Allah (swt). Thus it is obligatory that man conducts his actions according to a system from Allah (swt). However, if man complied with the Islamic system based on the pursuit of the material benefit of this system and not because the system was from Allah (swt), it will be devoid of a spiritual aspect. Therefore, man must organise his actions in life by the commands and prohibitions of Allah (swt) based upon his comprehension of his relationship with Allah (swt) so that the spirit would exist when man undertake his actions. This is because spirit is man's observation of his relationship with Allah (swt). The mixing of matter with spirit is the presence of the comprehension of the relationship with Allah (swt) the moment that the action is performed, so he (man) proceeds according to the commands and prohibitions of Allah, based on comprehending this relationship with Allah (swt). An action is a matter, and the comprehension of the relationship with Allah when performing this action is spirit (ruH). Thus directing one's actions according to the commands and prohibitions of Allah (swt) based on the comprehension of this relationship - is mixing matter with ruh. Accordingly, when a non-Muslim acts according to the AHkam Shara’iah which are derived from the Qur'an and Sunnah, his actions are not directed by spirit, and the mixing of matter and spirit does not exist in his actions. This is due to the fact that he did not believe in Islam and did not comprehend the relationship with Allah (swt). He simply appreciated the system and thus organised his actions accordingly. This is in contrast to a Muslim who undertakes his actions according to Allah's (swt) commands and prohibitions based upon his comprehension of his relationship with Allah (swt) and whose goal in complying with the commands and prohibitions of Allah (swt) is attaining Allah's (swt) pleasure and not just the benefit the system provides. Therefore, it is necessary that the spiritual aspect exists in things and that the spirit (ruH) exists when undertaking actions. It must be clear for all that the spiritual aspect means that the thing is created by a Creator i.e. the relationship of the created (thing) with the Creator, while the spirit is the comprehension of this relationship, i.e .man's comprehension of his relationship with Allah (swt). This is the correct concept (of the spiritual aspect and of the spirit) and all other concepts are false. It is the profound and enlightened view to the universe, man, and life that has led to the correct results and to this correct concept.

Some religions have maintained that the universe has two aspects, the sensorial (maHsoos) and the unseen (mughayyab). Man also embodies both spiritual ascension and physical yearning. Life includes both the materialistic and spiritual aspects. They assume that the sensorial contradicts the unseen, and the spiritual ascension can't be together with the physical yearning, and matter is separate from the spirit. They contend that these two sides are separated from one another due to their fundamental contradiction in nature. Thus, they cannot be mixed and the increase in one leads to a deficit in the other. Consequently, those who desire in the Hereafter have to in the spiritual dimension. Based on this understanding, two authorities have arisen in Christianity, the spiritual and the temporal: "Render unto Caesar what is Caesar's and unto God what is God's". The people yielding spiritual authority into their hands, the clergy and priests, endeavoured to acquire temporal authority so as to give the spiritual authority in life preference over it. As a result, a severe conflict arose between the temporal and the spiritual authorities culminating with the church being confined to the spiritual authority and was prevented from interfering in temporal matters. Religion, was then separated from life because it is clerical.

This separation between deen and life is the doctrine of the Capitalist ideology. It is the basis of Western haDarah and the intellectual leadership which the Western colonialists call for and subsequently conveyto the world. It is the main pillar of its culture. Based on this doctrine they shake the Muslims belief in Islam. They measure Islam, by analogy, with christianity, as being both religions. Thus, anyone who carries this notion, the separation of deen from life is an indirect or direct agent directed by the Western intellectual leadership. He works intentionally or ignorantly as an agent of Western colonialism. He is either ignorant of the Islamic ideology or its enemy.

Islam views that objects comprehended by our senses as matter and their being created by a Creator determines the spiritual side in them. The spirit (ruH) is man's comprehension of his relationship with Allah (swt). Thus, there does not exist a spiritual aspect separated from the materialistic aspect. There is not also spiritual ascension and physical desires in man. Rather, he has organic needs and instincts which need to be satisfied. One of the instincts in man is the instinct of religiousness which means the need for the Creator, the Organiser, which results from the natural inability intrinsic in man. The satisfaction of the instincts cannot be labelled as materialistic aspect or spiritual aspect. Rather, it should be viewed only as a fulfilment. If man satisfied these organic needs and instincts in accordance with the system revealed from Allah (swt) and in accordance with his relationship with Allah (swt), this satisfaction would be directed by the spirit. If the satisfaction was not based on a system or a system not revealed by Allah (swt), then the satisfaction will be purely materialistic and will lead to man's misery. If the instinct of reproduction (ghareezat an-nau')was satisfied without a system or with a system not from Allah it would lead to misery. Whereas, if it were satisfied through the system of marriage, which is revealed by Allah (swt) according to the aHkam of Islam, it would be a marriage resulting in tranquillity. If the instinct of religiousness (ghareezat at-tadayun) was satisfied without a system or with a system not from Allah (swt), such as by worshipping other human beings or idols, it would be polytheism (shirk) and disbelief (kufr). If it were to be satisfied with the aHkam of Islam, it would be 'ibadah (worship). It is therefore necessary to observe the spiritual aspect in all things and to perform all actions by following Allah's (swt) commands and prohibitions, based on man's comprehension of his relationship with Allah (swt). In other words, the actions are directed by the spirit. Therefore, there are no two parts in the action. The fact is that there is only one thing which is the action. Describing the action as purely material or directed by spirit (ruH) does not derive from the action as such but from either being directed according to the rules (aHkam) of Islam or not. So, for example, when a Muslim kills his enemy in the battlefield his action is considered Jihad for which he will be rewarded, since it is directed by the aHkam of Islam. When the same person kills an innocent person, Muslim or otherwise, his action is considered a murder for which he will be punished, because it is against the commands and prohibitions of Allah's (swt). Both actions are the same, which is killing, and they stem from man. However, the killing would be worship when it is directed by the spirit and murder when it is not. A Muslim is thus obliged to direct his actions according to the spirit (ruH). Mixing of matter with spirit is not only possible, it is rather obligatiry. It is not permissible to separate matter from spirit. In other words , it is not allowed to separate any action from being carried out according to the commands and prohibitions of Allah (swt) on the basis of comprehending the relationship with Allah. Accordingly, everything that implies the separation of the spiritual aspect from the material aspect should be removed. Thus, there is no clergy in Islam, no spiritual authority in the priestly sense and no temporal authority which is separated from deen. Rather, Islam is a deen of which the State is an integral part. The State is a group of the AHkam shar’aiah in the same manner that the prayer is. It is the method to implement the rules of Islam and to carry the Islamic da’wah. Therefore, anything that confines deen to the spiritual sense, separating it from politics and ruling should be abolished. Thus all institutions established to exclusively oversee the spiritual aspects have to be abolished. So the department of mosques has to be dissolved and mosques should follow the department of education. The Sharai'ah courts and the civil courts must also be dissolved making the court system one and based upon Islam. After all, the authority of Islam is one.

Islam is an ’aqeedah and system. The 'adeedah is the belief in Allah (swt), His Angels, His Books, His Messenger (saw)s, the Day of Judgement, and al-QaDaâa wal Qadar, the good and the bad are from Allah (swt). Islam builds the ‘aqeedah, which the mind can comprehend, on the mind. This includes the existence of Allah (swt), the Prophethood of Muhammad (saw) and the Qur'an. The aspects of the ‘aqeedah which are beyond the senses (ghayb) such as the Day of Judgement, Angels, Paradise, and Hell, are all based upon and proved by conclusive textual evidences (daleel naqli) namely, the Qur'an ul- Kareem and the hadith mutawatir which are themselves built upon rational proofs. Islam has made the intellect the foundation for (legal) responsibility.

The systems are aHkam Sharai'ah which organise man's affairs. The Islamic system handled all of man's affairs in general form and by general meanings, enabling one to derive detailed rules from these general meanings when carrying out the implementation. Thus Qur'an and Sunnah include general outlines i.e. general meanings to deal with man's problems in his capacity as a human being leaving the mujtahideen to deduce from these general meanings partial judgements for problems that occur throughout the different times and places.

Islam has one consistent approach in solving problems. It invites the mujtahid to thoroughly study the issue till he understands it and then to study the relevant shar’ai texts and finally deduce the solution for the issue from the texts. The mujtahid thus deduces the Hukm shar’ai for this question from the shar’ai evidences; and Islam has no use of any other method. Any issue facing man should be however studied as only a human problem. It should not be studied partially as an economic, social, political or any other type of question. It should be rather studied as a (human) question requiring hukm shar’ai in order to know the Hukm of Allah (swt) related to it.

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Superior Economic Model : Islamic System

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