The ruling is centralised and the administration is decentralised.

This article was drafted in order to separate between the rule and the administration. The difference between the two of them is apparent from two angles: from the reality of each of them and from the actions of the Messenger of Allah (pbuh) in the appointment of the governors (Wali) and the assignment of civil employees. As for the reality of each of them, the rule (Hukm), power (Mulk) and the authority (Sultan) have the same meaning, and that is the authority which implements the laws. It is mentioned in the Al-Muheet dictionary that “…Al-Mulk is greatness and Sultan”, and in another place “Al-Sultan is the proof and the capability of Mulk”, and in a third place “Al-Hukm: the decree…and Al-Haakim is the one who implements the Hukm”. And this means that the rule linguistically means the decree and the Haakim (ruler) linguistically is the implementer of the rule, and what is intended by the rule in this article is the terminological meaning; the implementation of the laws, in other words, the power, the authority and the capability of rule. Or by another expression, the action of leadership which the Shari’ah obligated upon the Muslims with the words of the Messenger (pbuh).

.» وَلا يَحِلُّ لِثَلاثَةِ نَ فَرٍ يَكُونُونَ بِأَرْضِ فَلاةٍ إِلاَّ أَمَّرُوا عَلَيْهِمْ أَحَدَهُمْ «.

“It is unlawful for three people in any barren land not to appoint one of them as their leader” reported by Ahmad through ‘Abd Allah Bin Amr, and the action of leadership is the authority which is used to prevent injustice and to settle disputes, or by another expression the rule is the guardianship of the authority mentioned in His (swt) words

“O you who have believed, obey Allah and obey the Messenger (pbuh) and those in authority among you.” (TMQ 4:59) and His (swt) words

“But if they had referred it back to the Messenger (pbuh) or to those of authority among them.” (TMQ 4:83), which is the undertaking of practically governing matters. This is the reality of the rule. Based upon that, the guardianship of the authority, the leadership and the power are the rule, and anything else is considered to be administration. Consequently, what the Khalifah and the leaders from the governors and workers do in terms of managing the affairs of people by implementing the Shari’ah rules and the legal judgments is considered to be the rule; anything else from what they or others do from those who were appointed from the people or by the Khalifah is considered to be administration. Accordingly the difference between the ruling and administration has become obvious.

The Shari’ah gave the rule as described to the Khalifah who was elected by the Ummah, or the Amir chosen by them, so by the Ummah’s choice for the Amir or by her pledge of allegiance to the Khalifah, the Khalifah or the Amir then becomes the one who has the right to the rule, or the rule is for the Khalifah or the Amir. No one else can take the rule unless it was given to them by him, and in this manner the rule is centralised. In other words, the rule is for the Ummah to give to a person, Khalifah or Amir, and by giving them the rule by the pledge of allegiance or by selection or elections, the rule becomes his, and at that time he gives the right to rule to whomever he wishes and no one else has the right to rule unless he gives it to them. Accordingly, it becomes apparent that centralisation of the rule is the restriction of the right to the rule with the one whom the Ummah has selected, where he is entitled to the rule automatically. No one else is entitled to the rule automatically; rather they gain it through being granted it by someone else, and are limited with respect to this permission by time, place and situation, and in that case the reality of the ruling indicates that it is centralised and its centralisation is necessary.

As for the actions of the Messenger of Allah (pbuh) , he used to send governors to the districts and order them to implement the Shari’ah rules upon the people. He also used to appoint civil employees in order to carry out the functions not to implement the laws. So for example he appointed governors and gave them the right to implement the laws and did not restrict the means and styles of implementation but rather left that to them. Some of them would be written letters which would include the Shari’ah rules but not the means or style of their implementation and others would be ordered to implement the Shari’ah of Allah (swt); so he appointed Amr Bin Hazm as governor and wrote him a letter and he appointed Mu’adh Bin Jabal and he asked him how he would rule, and then he confirmed the correctness of his view. He also appointed ‘Itab b. Usayd as a governor in order to implement the Shari’ah of Allah (swt), and he used to appoint people as governors based upon the view of their suitability to execute; it is narrated.

.أَنَّ عِمْرَانَ بْنَ الْحُصَيْنِ اسْ تُ عْمِلَ عَلَى الصَّدَقَةِ، فَ لَمَّا رَجَعَ قِيلَ لَهُ: أَيْنَ « الْمَالُ ؟ قَالَ: وَلِلْمَالِ أَرْسَلْتَنِي؟ أَخَذْنَاهُ مِنْ حَيْثُ كُنَّا نَأْخُذُهُ عَلَى عَهْدِ رَسُولِ اللَّهِ » وَوَضَعْنَاهُ حَيْثُ كُنَّا نَضَعُه.