The Institutions of State in the Khilafah by Hizb ut-Tahrir

The Muslims have the right to be consulted by the Khalifah and they must also account the rulers regarding their actions and practices. Allah (S.W.T) obliged the Muslims to account the rulers, and He commanded them in a decisive way to account them and change them if they transgressed against the rights of the citizens, failed in their duties towards them or neglected any of her affairs, or violated the rules of Islam, or governed by other than the rules of Allah. It was narrated by Muslim from Umm Salamah (ra) that the Messenger of Allah (PBUH) said: .

"There will be amirs, you would agree on some of what they do and reject some. So, whoever acknowledged (the truth of what they do) he would be free (of sin), and whoever rejected (the wrong) he would be safe (of responsibility), but what about the one that accepted and followed? (He would not be safe). They said: Should not we fight against them? He said: No, as long as they pray." .

Prayer here is indication of ruling by Islam. .

Muslims, led by ‘Umar, denied the decision of Abu Bakr regarding the fight against the apostates when the issue first arose. .

Al-Bukhari and Muslim narrated from Abu Hurairah, he said: .

"When the Messenger of Allah (PBUH) passed away, and Abu Bakr (ra) became Khalifah and some Arabs apostasised, ‘Umar (ra) said: How do you fight against the people when the Messenger of Allah (PBUH) said: .

'I have been commanded to fight against the people till they say la ilaha illa Allah. Whoever said it he would have protected from me his wealth and blood except for its due right, and his account will be with Allah.' [Bukhari, Sahih, #2946]. .

Abu Bakr replied, “By Allah, I will fight against the one that differentiated between the prayer and the Zakah, for the Zakah is a right due on the wealth. By Allah, if they refused to pay me the young she-goat they used to pay to the Messenger of Allah (PBUH); I would fight against them for refusing to pay it.” ‘Umar (ra) said, “By Allah, it was Allah that soon opened the heart of Abu Bakr, so I knew it was the truth.".

Bilal ibn Rabah and Al-Zubayr and others have also rejected that ‘Umar should not divide the land of Iraq among the fighters. A Bedouin also denied that ‘Umar should protect some land. Abu ‘Ubayd narrated in Al-Amwal from ’Aamir ibn Abdullah ibn Al-Zubayr, from his father that he said: "A Bedouin came to ‘Umar and said, ‘O amir ul-mu'minin. It is our land in jahiliyyah which we fought for, and we embraced Islam while we were owed it; so why do you protect it?” ‘Umar bowed his head, and started to blow and twist his moustache. He used to twist his moustache and blow when something worried him. When the Bedouin saw that of him, he started to repeat the question to him. ‘Umar said, “The wealth belongs to Allah, and the people are the servants of Allah. By Allah, if I do not assume the burden of something fi sabi lillah I would not have protected an inch of land". ‘Umar had then protected some of the public property lands for the horses of Muslims (used in jihad). A woman also challenged his forbiddance to the people of taking more than four hundred dirhams as mahr. She said to him, “You have no right in that, O ‘Umar. Have you not heard the saying of Allah (S.W.T)? .

"And you have given one of them a sum of money (however great), take nothing from it".” [TMQ 4: 20].

He responded by saying, “A woman said the right and ‘Umar made a mistake.” .

’Ali (ra) also contested ‘Uthman (ra) when he was amir al-mu'mineen in his view of completing the hajj and umrah. Ahmad narrated through sound isnads from Abdullah ibn Al-Zubayr that he said: "We were with ‘Uthman in Al- Juhfah, while some people from Al-Sham were with him including Habib ibn Maslamah Al-Fahree. ‘Uthman said when it was mentioned to him content with (tamattu') umrah till hajj, “The best for hajj and umrah not to be both in months of hajj. It would be better to delay this umrah till you visit this house twice, for Allah (S.W.T) made it spacious for goodness.” Ali ibn Abu Talib was in the valley feeding his camels. He got knowledge of the view of ‘Uthman, so he came till he stopped before ‘Uthman and said: “Do you turn to a Sunnah recommended by the Messenger of Allah (PBUH) and a permission (rukhsah) Allah (S.W.T) allowed to the servants in His Book, you restrict it to them and you forbid it, when it was permitted to a person of a need and to a person of distant home?” ‘Uthman turned to the people and said, “Did I forbid it? I did not forbid it. It was only a view I advised; so whoever willed he can take it, and whoever willed he can leave it".” .

Therefore, the council of the Ummah has the right of shura and is obliged to account. .

The difference between the shura and accounting is thus clear. Shura is seeking an opinion or listening to it before taking the decision; whilst accounting is objection after taking the decision or execution of the work.