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

he Islamic State is the Khilafah. It is the supreme leadership over all the Muslims worldwide, so if a Khalifah was given a legitimate bayah in any Muslim country, and Khilafah was established, then it is forbidden upon Muslims worldwide to establish another Khilafah. This is due to the saying of the Messenger (PBUH): .

“If bayah was taken to two Khalifahs, then kill the latter of them.” [Muslim, Sahih, #1853].

Khilafah is established for implementing the rules of the Islamic Sharia using the concepts that Islam has brought and the rules that it has legislated; and also to convey the Islamic Message to the world. The message is conveyed by introducing Islam to the people and calling on them to embrace it and performing Jihad in the way of Allah. Khilafah is also known as Imamah or Imaratul-Mu‘mineen (leadership of the believers). It is a temporal post and not a post related to the hereafter. The Khilafah exists to implement Islam on people and to spread it among them. It is definitely different to the Prophethood. .

The Prophethood is a theological position, which Allah (S.W.T) gives to whomever He wishes. The Khilafah on the other hand is a human post whereby the Muslims give their bayah to whomever they wish, and appoint whomever they like over them as Khalifah from among the Muslims. Our Messenger Muhammad (PBUH) was a ruler who implemented the Shariah which he received from Allah (S.W.T). .

So He (PBUH) held the Prophethood and the Messengership and at the same time assuming the post of presiding over the Muslims in implementing the rules of Islam. Allah (S.W.T) thus commanded him to rule as well as to convey the Message. .

He (S.W.T) ordered Him (PBUH):. "And judge between them by that which Allah has revealed" [TMQ 5:49] .

He (S.W.T) also says: .

"We have sent down to you the Book in truth so that you judge between people by that which Allah has shown you" [TMQ 4:105].

Allah (S.W.T) also says: .

"O Messenger! Proclaim the (message) which has been sent to you from your Lord" [TMQ 5:67] .

"O you wrapped up. Arise and deliver warning." [TMQ 74:1, 2].

Thus, the Messenger (PBUH) held two posts: the post of Prophethood and conveyor of the Message, and the post of the leader of the Muslims in the worldly life for implementing the Shariah of Allah revealed to him. .

However, the Khilafah after the Messenger of Allah (PBUH) was held by humans, who were not Messengers. It is thus possible for the khulafa’ as humans to make mistakes, being absent minded, being forgetful as well as committing a sin and other things. This is because they are humans, so they are not infallible, for they are not Prophet or messengers. The Messenger of Allah (PBUH) has informed us that the Imam may make a mistake and he informed us that the Imam may do things which people hate and curse him for, like oppression, disobedience and other things. He also informed us that open Kufr might appear from the Imam. Muslim reported on the authority of Abu Huraira that the Messenger of Allah (PBUH) said: .

“Verily the Imam is but a shield from behind which the people fight and with which they protect themselves. So if he ordered us to observe the taqwa of Allah and he was just he would have equal to these (actions) in reward and if he ordered other than that it would be against him equal to that.” [Bukhari, Sahih, #2957] .

This means that it is possible that the Imam may command with other than the fear of Allah. Muslim also narrated from ‘Abdullah (ibn Mas’ud) who said the Messenger of Allah (PBUH) said: .

“There would be after me selfishness and matters which you hate.” They said: ‘O Messenger of Allah, how do you order the one from us who would witness that?’ He (PBUH) said: “You should offer the right due upon you, and you ask from Allah the thing which is due to you.” [Bukhari, Sahih, #7052] .

Bukhari narrated on the authority of Junada b. Abi Umayah who said: “We went to ‘Ubadah b. al-Samit when he was sick and we said may Allah (S.W.T) guide you. Inform us of a Hadith from the Messenger of Allah (PBUH) so Allah may benefit you from it. He said: .

“The Messenger of Allah (PBUH) called upon us and we gave him the bayah, and he said of that which he had taken from us that we should give him the pledge to listen and obey, in what we like and dislike, in our hardship and ease, and that we should not dispute his authority over the people unless we saw open Kufr upon which we had a proof from Allah.” [Bukhari, Sahih, #7055] .

Aisha narrates that the Messenger of Allah (S.W.T) said: .

“Avert the punishments from the Muslims as much as you can, so if the accused has any way out let him go free, because it is better for the Imam to make a mistake in forgiving than to make a mistake in imposing the punishment.” Narrated [Tirmidhi, Sunan, #1424] .

These Ahadith clearly make the point that it is possible for the Imam to make a mistake, forget or disobey. Despite this, the Messenger of Allah ( PBUH) has ordered obedience to him as long as he governs by Islam and no open Kufr occurs from him and he does not command with sin. Therefore, the Khulafa’ who came after the Messenger of Allah (PBUH) are humans, who do both right and wrong, and they are not infallible, i.e. they are not Prophet. Therefore it is incorrect to say that the Khilafah is a theological state. It is rather a human State, in which Muslims give bayah to a Khalifah for implementing the rules of Islamic Shariah.