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

A Mu’awin-un-Tanfidh is the wazir whom the Khalifah appoints to be his assistant in the execution of matters, the following up and implementation of his orders. He is the intermediary between the Khalifah and the various State departments, the subjects and the foreign office. He conveys messages to and fro to the Khalifah. He is an assistant in executing orders and is not authorized over them or entrusted with them i.e. his role is one of execution and administrative and not ruling. His department is a tool used to execute what the Khalifah issues to the internal and foreign offices, ensuring submission to the Khalifah in all that comes to him through these offices. His department acts as an intermediary between the Khalifah and others, where it conveys to them on his behalf and conveys to him from them. .

The executive assistant used to be called a secretary (al-Katib) at the time of the Messenger of Allah (PBUH) and the Khulafaa’ Rashidun. Then he became known as the keeper of the divan of letters or correspondence. Later it was decided that he be called the secretary of composition or the keeper of the divan of composition. Finally the jurists called him the executive assistant (wazir al-tanfidh). .

The Khalifah is a ruler, whose duties include ruling, execution, and looking after people’s affairs. The carrying out of ruling, execution and guardianship requires administrative actions. This necessitates the setting up of a special department that works closely with the Khalifah to manage tasks that help him carry out the Khilafah’s duties. Thus an executive assistant is required, to be appointed by the Khalifah to run the administrative affairs but not the affairs of ruling. He does not perform any ruling duties like the delegated assistant. He is not allowed, for example, to appoint a Wali or an amil, nor to manage people’s affairs. His duties are merely administrative, i.e. to execute the ruling orders and the administrative tasks issued by the Khalifah or the delegated assistant. This is why he is known as the executive assistant. Jurists used to call him ‘wazir tanfidh’ which simply means Mu’awin al-Tanfidh, on the basis that the word wazir is linguistically used to mean ‘the assistant’. They said that this wazir is an intermediary between the Khalifah, the subjects and the Walis, who conveys the orders issued to him, executes his rules, informs the Khalifah about the appointment of Walis, and about the preparation of task forces and armies stationed at the frontiers. He also conveys to the Khalifah whatever comes from these offices and informs him of all new matters that may arise so that he can implement the Khalifah’s orders regarding them. This makes him an assistant in executing commands, not in taking charge over them, or entrusting him with them. He is similar to the head of the divan of the head of the state at the present time. Since the executive assistant is linked directly to the Khalifah just like the delegated assistant, he is part of the Khalifah’s entourage. His task requires contact with the ruler (Khalifah) and requires pursuance with the Khalifah and meeting with him in isolation at any time, day or night, a matter that disagrees with the conditions for a woman according to the divine rules. Therefore, the executive assistant has to be a man. In addition the executive assistant cannot be a disbeliever; he must be a Muslim, for he is part of the Khalifah’s entourage. This is because Allah (S.W.T) says:.

‘O you who believe; do not take for intimates other than your own folk, who would spare no pains to ruin you; they love to hamper you. Hatred is revealed by (the utterance of) their mouths, but that which their breasts hide is greater.’[TMQ 3: 118] .

The prohibition of taking a non-Muslim as part of the Khalifah’s entourage is very clear in the verse. Therefore the executive assistant cannot be a Kafir but must be Muslim for he is directly connected to the Khalifah and not separate from him, just like the delegated assistant. The executive assistants can also number more than one according to the need and according to the work he communicates between the Khalifah and others. .

As for the areas in which the Mu’awin al-Tanfidh acts as an intermediary between the Khalifah and others, these are four: .

1) The international affairs, whether the Khalifah discharges them directly, or he appoints a foreign department that takes charge of them. .

2) The army. .

3) The state organizations other than the army. .

4) Relations with the citizens. .

These are the types of duties, which the executive assistant carries out. Since he is an intermediary between the Khalifah and others, he would be considered as a liaison that reports to and from the Khalifah. By acting as such, he follows up what is required of the State departments’ action. .

The Khalifah is the actual ruler. He is the one who deals with ruling, execution and the management of people’s affairs by himself. Therefore he is in constant contact with the ruling apparatus, international affairs and the Ummah. He enacts laws, takes decisions, and carries out actions of caring, looks at the performance of the ruling apparatus, the obstacles it may face and its requirements. He is also informed of any demands, complaints and matters that come from the Ummah, and he follows up the international activities as well. Therefore, based on the nature of these actions, the Mu’awin at-tanfidh acts as an intermediary relating to them, i.e. he conveys messages to the Khalifah and in turn the Khalifah’s orders to the Ummah. What is issued by the Khalifah to the different departments and what comes to him from them, needs following up and implementation, which is undertaken by the executive assistants who ensure its satisfactory execution. He would preside over the execution of the Khalifah’s orders and the State departments and would not stop, unless the Khalifah specifically demanded so. In this case he is obliged to obey his orders because the Khalifah is the ruler and his order has to be implemented. .

In regards to the matters related to the army and international relations, these are generally confidential and are specific to the Khalifah. Therefore the executive assistant does not follow up the execution of these matters nor does he pursue their execution, unless the Khalifah requests him to do so, in which case he will follow up only the matters which the Khalifah demanded and not any others. .

In regards to the Ummah, matters of looking after her affairs, fulfilling her demands and removing unjust actions from her, are matters for the Khalifah to deal with and the one who is appointed as a deputy to him. They are not a mandate for the executive assistant, so he does not follow them up except for those issues which the Khalifah requests him to do so. His action in this regard is simply execution and not following up. All this depends on the nature of the actions which the Khalifah carries out and accordingly the nature of the Mu’awin at-tanfidh actions. .

Examples of the actions of the executive assistant at the time of the Messenger of Allah (PBUH) and khulafa’ rashidun (where this assistant was called secretary at that time) are as follows: .

1. Examples of dealing with International relations: .

• Al-Bukhari narrated the following from al-Muswar and Marwan regarding the Hudaybiyah treaty: .

“So the Prophet (PBUH) called the secretary (writer)…” .

Abu Yusuf also narrated in the book of Kharaj saying: .

“Muhammad ibn Ishaq and al-Kalbi informed me, some others added in the hadith saying: He said: Write (in the plural)...” without mentioning the name of the writer. Ibn Kathir narrated: .

“Ibn Ishaq said al-Zuhri said…then the Messenger of Allah (PBUH) called upon ’Ali ibn Talib and said: ‘Write (singular)…’”.

Abu ‘Ubayd narrated it in the book of al-Amwal from ibn Abbas, where he said: .

“….and he said to ’Ali: ‘O ’Ali, write…’” .

Al-Hakim narrated from ibn ‘Abbas and al-Zahabi authenticated and approved it, saying: .

“…..O ’Ali, write…” The text of this peace treaty is well known, and does not need mentioning here. .

• The letter of the Messenger (PBUH) to Heraculus, narrated by the jama’ah (of muhaddithin) excluding ibn Majah. The wording of the hadith as narrated by Al-Bukhari from ibn Abbas from Abu Sufyan: .

“Bismillah ir-Rahman ir-Rahim, from Mohammad, the slave and Messenger of Allah (PBUH) to Heraculus the leader of the Romans, peace is upon whoever follows the guidance. After which, I invite you to Islam. If you embrace Islam Allah will give you double the reward. If you turn away then you are responsible about the sin of the Arisiyeen (meaning the Romans). O you, people of the book, come forward to a fair word between us and you, so that we do not worship save Allah, we do not associate partners with Him, nor do we take each other as lords besides Allah. If they turned away say bear witness that we are Muslims.” [Bukhari, Sahih. #7] .

• The letter of response from Hercules to the Messenger of Allah ( PBUH) has been narrated by Abu ‘Ubayd in the book al-Amwal from Bakr ibn Abdullah ibn Abdullah al-Muzni: “…And he wrote to the Messenger of Allah (PBUH) that he is Muslim, and sent him some dinars (money). The Messenger of Allah (PBUH) said when he read the letter: ‘He lies, the enemy of Allah, he is not Muslim, rather he is on Christianity.’”.

Al-Hafiz said in al-Fath, the hadith is an authentic narration but is disconnected (mursal) from Bakr. .

• The letter written by the people of Minbaj to ‘Umar and his reply to them, where Abu Yusuf said in the book of al-Kharaj: “Abdul Malik ibn Jurayj told us from Amr ibn Shua’yb that the people of Minbaj – some people of war behind the sea – wrote to ‘Umar ibn al-Khattab (ra) saying: “Allow us to enter your country as traders and impose upon us the tenth of a tax.” He said, ‘Umar consulted with the companions regarding this, and they advised him to agree. Thus, they were the first people of war that paid the tenth.” .

2. The army and some of its correspondence are: .

• The letter of Abu Bakr to Khalid, in which he commands him to travel to Al- Sham. Abu Yusuf said in the book of Al-Kharaj: “Khalid wanted to take Al- Heerah as his centre. However the letter of Abu Bakr came to him in which he commanded him to travel to Al-Sham as a reinforcement for Abu Ubaydah and the Muslims…” .

• The armies in Al-Sham wrote to ‘Umar asking him for support, and he wrote back to them. Ahmad has reported from narrators considered as sound narrators that Abu Hatim ibn Habban heard Sammak saying: “I heard Iyad al- Ash’ari say, “I attended al-Yarmuk when we were under five amirs: Abu ‘Ubaydah ibn al-Jarrah, Yazid ibn Abi Sufyan, Ibn Hasanag, Khalid ibn Al-Waleed and Iyadh who was different to the narrator that spoke to Sammak. He said that ‘Umar said, “If there is a matter of conflict, then seek the help of Abu Ubaydah.” Sammak said: “So we wrote to him that death raged against us and we sought his support. He wrote to us replying, “I received your letter in which you seek my support. I direct you to the one who is of stronger support and whose soldiers are more ready. He is Allah (‘azza wa jall), so seek His help, because Muhammad (PBUH) was given victory at Badr with less than your army. Once my letter has reached you, fight against them and do not consult with me. So we fought against them and thus defeated them. We killed them for four farsakh.” .

• The army of Al-Sham wrote to ‘Umar ibn Al-Khattab “When we meet the enemy and see them cover their weapons with silk we find terror in our hearts.” ‘Umar replied to them, “You do the same, so cover your weapons with silk”, narrated by Ibn Taymiyyah in Al-Fatawa. .

3. Some correspondence of the state’s organizations other than the army. .

• The letter of the Messenger (PBUH) to Muadh regarding the tenth: .

Yahya ibn Adam narrated in the book of Al-Kharaj about ruling, he said: . “The Messenger of Allah (PBUH) wrote to Muadh in Yemen: .

• “The tenth is due in whatever was irrigated with rain or with sizable water; and half of a tenth is due in whatever is irrigated with a bucket.” Ash-Shi’ has also narrated the like of it. .

• The letter of the Messenger of Allah (PBUH) to Al-Mundir ibn Sawa regarding the head tax (jizyah). Abi Yusuf mentioned in the book of Al-Kharaj from Abu ‘Ubaydah, he said: .

“The Messenger of Allah (PBUH) wrote to Al-Mundir ibn Sawa and stated: ‘Whoever prayed our prayer, turned to our qiblah, ate our slaughtered meat, then he is a Muslim, and he is entitled to the protection of Allah and His Messenger. Whoever of the Magus accepts, then he is safe, and whoever rejects has to pay the jizyah”. .

• The letter of Abu Bakr to Anas regarding the duty of Sadaqah, when he sent him to Bahrain. Al-Bukhari narrated from Anas “that Abu Bakr (ra) wrote to him regarding the duty of Sadaqah which Allah and His Messenger commanded…” .

• The letter of ‘Umar to Amr in the year of Ramada (famine), and the reply of Amr to him. Ibn Khuzaymah narrated in his Sahih, and Al-Hakim said it is sound according to the conditions of Muslim, and is by al-Bayhaqi in the Sunan, and Ibn Sa’d in the Tabaqaat from Zayd ibn Aslam from his father who said: “When the year of Ramadat took place, and the land of the Arabs suffered from drought, ‘Umar ibn Al-Khattab wrote to Amr ibn Al-As. ‘From Abdullah, amir al-Mu’minin to Amr ibn Al-As. By Allah you do not bother if you and the people on your side became fat at the time I and the people on my side became slim. Help us!’ Amr replied, ‘Peace is upon you. I am at your service; I am at your service. Camels are coming to you, where its first is with you and its last is with me; though I hope to find a way to carry the supplies by sea.’” .

• The letter of Muhammad ibn Abu Bakr to ’Ali regarding the apostates, and his reply to him. Ibn Abi Sheba reported from Qabus ibn al-Mukhariq from his father that he said: “’Ali sent Mohammad ibn Abu Bakr as an amir to Egypt, and he wrote to him regarding some zendik (apostates). Some of them worshipped the sun and moon, and some of them worship other things whilst claiming that they are Muslim. Hence Ali ordered him to kill the one that claimed to be Muslim whilst worshipping other things and leave others to worship whatever they like.” .

4. Letters addressed directly to the citizens, some of which are as follows: .

• The letter of the Messenger (PBUH) to the people of Najran. It is narrated by Abu Dawud from Al-Suddi from ibn ‘Abbas - where al-Mundhiry comments that al-Suddi directly hearing from al-‘Abbas has some discussion regarding it – that Abu ‘Ubayd narrated it in Al-Amwal from Abu Al-Malih Al- Hadhaly, which says at its end: “‘Uthman ibn ‘Affan and Mu’ayqib testified to that, and wrote”. Abu Yusuf has narrated this in Al-Kharaj, and he mentions the scribe was Al-Mughirah ibn Abi Shu’bah. Then Abu Yusuf mentioned the letter of Abu Bakr to them, whose scripter was Al-Mughirah, the letter of ‘Umar and the scripter who was Muayqib, the letter of ‘Uthman to them and the scripter who was his associate (mawla) Humran, and the letter of ’Ali and the scribe, Abdullah ibn Rafi’. .

• The letter of the Messenger (PBUH) to Tamim Al-Dari. Abu Yusuf narrated the following in al-Kharaj: “Tamim Al-Dary, who is Tamim ibn Aws, a man from Lakham, said: ‘O Messenger of Allah; I have neighbours from the Romans in Palestine. They have a village called Habra, and another one called aynoon. If Allah conquered Al-Sham for you, please grant those (two villages) to me.’ He (PBUH) said: ‘They are yours.’ Tamim said: ‘So write confirming this for me.’ .

He (PBUH) wrote to him: .

‘Bismillah al-Rahman al-Rahim. This is a letter from Mohammad, the Messenger of Allah, to Tamim ibn Aws Al-Dari, that he has the village of Habra and the village of Bayt ‘Aynun, all of its plains, mountains, water, arable land, Nabateans and cows, and to his offspring after him. No one would challenge him regarding his right over them, and nor would any one deviate from their right unjustly. Whoever did so and took anything from them he deserves the curse of Allah, the Angels and all mankind.’ Ali wrote this.” .

When Abu Bakr took authority he wrote to them a letter regarding this matter that said: .

“Bismillah ir Rahman ir Raheem. This is a letter from Abu Bakr, the trustee of the Messenger of Allah (PBUH) that has been given authority in the land. He writes it to the Darys, that no one would undermine what they possess of the village of Habra and ‘Aynoon. Whoever listens to and obeys Allah, must not undermine them in anything. My chief must set up two doors for them, and protect them from the corrupters.” .

The Khalifah has the right to appoint as many secretaries as he needs to carry out his correspondence. This even becomes obligatory if the duty cannot be performed without their appointment. .

The authors of the seerah mentioned that the Messenger of Allah ( PBUH) had about twenty scripters. .

Al-Bukhari mentioned in his Saheeh that the Messenger of Allah ( PBUH) ordered Zayd ibn Thabit to learn the language of the Jews so as to read to the Messenger of Allah (PBUH) when they wrote to him. So Zayd ibn Thabit learnt Hebrew in fifteen days. Ibn Ishaq narrated from Abdullah ibn Al-Zubayr that: .

“The Messenger of Allah (PBUH) dictated to Abdullah ibn Al-Arqam ibn Abd Yaghuth, and he used to reply to the kings on his behalf…” Al- Bayhaqi narrated from Abdullah ibn ‘Umar (ra) that he said: .

“A letter from a man came to the Prophet (PBUH), so he said to Abdullah ibn Al-Arqam, “Reply on my behalf.” He wrote his reply and then read it to the Prophet (PBUH). .

He (PBUH) said “You did what is right and proficient.” (May Allah give him success). .

Muhammad ibn Sa’d reported from Ali ibn Muhammad Al-Mada’ini through his isnads that Muhammad ibn Maslamah was the one who once wrote a letter to a delegate, based on an order from the Messenger of Allah (PBUH) and that Ali ibn Abi Talib was the one that used to write the treaties when the Messenger (PBUH) made treaties, and write the terms of peace when he made peace. Muayqib ibn Abi Fatimah was responsible for his stamp. Al-Bukhari reported in the history through Muhammad ibn Bashar from his grandfather Muayqib that he said: .

“The seal ring of the Messenger of Allah (PBUH) was made of coloured iron, with silver on it, and it was with me; and Mu’ayqib was responsible for the stamp of the Messenger of Allah (PBUH) ”.