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

The Department of Internal security is responsible for anything pertaining to internal security and headed by the manager of internal security. This department would have a branch in each wilayah called the internal security section, which will be headed by sahib al-shurtah in the wilayah, who will be under the responsibility of the wali in terms of execution. He would follow the department of internal security pertaining to administration; a matter that would be organised by a special law. .

The internal security department is the department responsible for administering everything linked to security. It takes charge of maintaining security within the country through use of the police force (shurtah). This is the main means to maintaining security. Hence it is permissible for the internal security department to use the police at any time, in any way it likes, and its orders must be implemented immediately. However, if the police require the help of the armed forces a request is submitted to the Khalifah. He can order the army to help the internal security department or to provide it with a military force to help it in maintaining the security, or he can issue any order he sees fit. He is also entitled to refuse such requests and demand that the police carry out the task themselves. .

The police force consists of the mature male that carries the citizenship. Women are allowed to join the police so as to provide the needs for women that are related to the tasks of the internal security department. A special law will be issued related to this according to the divine rules. .

Police forces are divided into two parts: The police of the army, and the police that work under the command of the ruler, who must have a special uniform and special signs specific for keeping security. .

Al-Azhari said: “shurtah of anything is its best. This includes shurat because they are the best soldiers. It is also said that shurtah are the first group that come ahead of the army. It is also mentioned that they are called shurat because they have signs that characterise them, in terms of uniform and status”. This is chosen by Al-Asma'i. It is also mentioned in Al-Qamus: “Shurtah, where the individual is called shurat, would mean the first battalion that attend the war and is ready for death, it is also the helper of the walis; and they were called so because they announced themselves through signs that characterise them.” .

In regards to the police of the army (military police), (which is one of the divisions of the army that has its sign, comes in front of the army to control its matter) Please review this sentence!. The police of the army is a part of the army and follows the amir of jihad, i.e. it follows the war department. Regarding the shurtah that are put under the service of the rulers, they follow the department of internal security. Al-Bukhari narrated from Anas: .

“That Qays ibn Sa’d used to be in front of the Prophet (PBUH) in the position of the policeman towards the amir”. Bukhari, Sahih, #7155]. What is meant here is Qays ibn Sa’d ibn ‘Ubadah al-Ansari al-Khazraji. Al-Tirmidhi narrated it: .

The Khalifah is allowed to make all the police that are responsible for internal security part of the army, i.e. they are placed within the war department. He is also permitted to make an independent department i.e. an internal security department. .

However, we adopt the independence of this force, i.e. the shurtah that are placed under the service of the rulers to protect their security must follow the internal security department as an independent organisation that answer directly to the Khalifah, like other State organisations. This is due to the mentioned hadith narrated from Qays ibn Sa'd, and due to the threat of independence of the four departments related to jihad as mentioned before; each one of them would follow the Khalifah, rather than be left as one organisation. .

Thus the shurtah would follow the department of internal security.e Prophet (PBUH) in the position of the policeman for the amir. Al-Ansari said: It means he was one of the people that discharged his issues”.

The task of the Internal security Department is maintaining the security of the State. The actions that could lead to a breach of internal security are many which include: Apostasy from Islam, rebellion against the State manifested in destructive activities and actions of sabotage e.g. strike or the occupation of vital centres of the State, and aggression against private, public, or State property. It might also be through rebellion against the State by use of arms. .

Other actions which undermine internal security include the attack on the property of people by theft, looting, robbery, misappropriation, as well as attacks on people through assault, injuring, and killing in addition to attacks on their honour through lying, slandering and raping. .

One of the other tasks of the internal security department is to deal with suspects and protecting the Ummah and the State of their danger and harm. These are the most important actions that could threaten the internal security. The department of internal security protects the State and the people from all these actions. Therefore whoever is declared an apostate, and is sentenced to death if he did not repent, this department executes the death sentence. If those who declare apostasy are a group, then they have to communicate with them and ask them to return to Islam, and the State should not punish them if they repent, return to Islam and abided by the shar' rules. If however, .

they insist on apostasy then they are fought against. If they are small in number and the police force alone is able to fight against them then they must proceed to do so, but if they are large in number and the police force is unable to overpower them then they have to request the Khalifah to provide them with additional military force to help them. If this military force is not sufficient, then they must ask the Khalifah to order the army to provide them with assistance. .

This is concerning apostates. However in regards to people who rebel against the State, if they do not use arms and limit themselves to destruction and sabotage by strikes, demonstrations, occupation of vital centres of the State, or aggression against private, public and State properties through demolition, then the internal security department restricts itself to using the police force in order to prevent such destructive actions. If it is not able to prevent the aggression, it requests the Khalifah to provide it with a military force in order to stop the destruction and sabotage. .

However if the people who rebel against the State use weapons and were able to establish themselves in an area and became a force that the department of internal security is unable to subdue and it was unable to eliminate through the use of the police force alone, then it requests the Khalifah to provide it with a military force or an army force, depending on its need in eliminating the rebellion. Before it fights against them, the department should communicate with them to see what complaints they may have. It should ask them to return to obedience and the Jama’ah and to surrender their arms. If they respond favourably and return back, then the State should hold back from fighting them. If they reject and insist on rebelling, then it would fight against them in order to discipline them and not to annihilate and destroy them. It fights against them so that they turn back to obedience and give up rebellion and surrender their arms. .

An example of this is the way Imam ‘Ali b. Abi Talib fought against the Khawarij. He called them to surrender first and if they left the rebellion he would not fight against them but if they insisted on rebelling he fought against them, in order to discipline them so that they return to obedience, stop the rebellion and surrender their arms. In regards to those that use violence, such as the highway robbers, who attack people, forcibly obstruct the highways, steal property and kill, the department of internal security will despatch a police force to pursue them and impose the relevant punishment upon them, which may be killing and crucifying, amputating their opposite limbs, or deporting them to another place, according to the ayah:.

"The punishment of those who fight against Allah’s Messenger and who walk in the land with corruption is that they should be killed or crucified, or their opposite hands and legs should be amputated, or they should be deported from the land" [TMQ Ma’idah:33].

The fighting against these people is not like fighting against rebels who fight against the State. Fighting against the rebels is to discipline them, while fighting against the highway robbers is to kill and crucify, so they are fought against when they fight and when they turn back. They are treated as outlined in the Ayah. Whoever killed and took property, he is killed and crucified; and whoever killed and did not take property, he is killed but not crucified; and whoever took property without killing, his hand and leg will be amputated from opposite sides without killing; and whoever raised arms and scared the people and did not kill or take property he is only exiled from his area to another place or country. .

The department of internal security restricts itself to using the police force in maintaining security. It does not use other than the police force except when the police force is unable to maintain internal security. In that case it requests the Khalifah to provide it with a military force or an army, according to what is required. With regards to aggression against property by stealing, misappropriation, robbing or looting; or aggression against lives by use of force, wounding or killing; or aggression against honour by lying, slandering, or raping. The department of internal security prevents these things by its vigilance, guards and patrols, and also by implementing the verdicts of the judges against those who perform aggression against the property, lives and honour. All this requires the use of the police force alone. The shurtah is entrusted with keeping the public order, supervision over the internal security and carrying out the executing aspects. This is due to the mentioned Hadith from Anas who reported that the Messenger (PBUH) used to keep Qays ibn Sa'd before him like sahib al-shurtah (head of police). This indicates that shurtah are stationed before the rulers, which means they undertake whatever the rulers want of the execution force for implementing the shar’a, keeping order and protecting security. This is in addition to conducting patrols, which involves patrolling during the night to pursue thieves and arrest wrongdoers and the wicked. Abdullah ibn Mas'ud was amir over the night patrols at the time of Abu Bakr. .

‘Umar ibn Al-Khattab used to take charge of night patrols by himself, taking his servant in his company and sometimes Abdul Rahman ibn Awf. Therefore, it is wrong that some Islamic countries make the owners of the shops appoint guards at night to guard their houses, or appoint guards given by the state at the cost of the owners of the shops. This is because this work is part of the night patrolling which is the duty of the state, and of the functions of the shurtah. So, people are not charged with it and nor charged with its costs. .

With regards to dealing with the suspects who are the people that pose harm and danger to the state entity, to the community or to the individuals; these types of suspects must be pursued by the state. Whoever, from the Ummah, has knowledge of any of these must report it. The evidence for this is what Al- Bukhari and Muslim narrated from Zayd ibn Arqam when he said: .

"I was in an expedition, and heard Abdullah ibn Ubayy say: Do not spend upon those with the Messenger of Allah so as to disperse away from him; and if we return my uncle or to ‘Umar, who mentioned it to the Prophet ( PBUH) . He called upon me and I told him…hadith" [Bukhari, Sahih, #4901 and Muslim, Sahih, #2772] .

In the narration by Muslim, I came to the Prophet (PBUH) and informed him of Ibn Ubayy who used to conduct frequent visits to the belligerent disbelievers and I informed him of his relations with them, such as with the Jews around Al-Madinah and the enemies of Islam. We need to expand further upon the context of this example to deal properly with this subject and so as not to mix it with espionage on the citizens, which is prohibited due to His (PBUH) saying: .

"And do not spy". [TMQ 49:12].

Therefore spying is only limited to the suspects. .

The suspects are those who visit the disbelievers frequently who are actual or potential warriors. This is because spying is allowed on the belligerent disbelievers as part of the war policy, and for preventing harm from falling upon Muslims; additionally the shar'i evidences in this subject include all the belligerent people. This is because if they were actual belligerents then the obligation of spying on them is quite clear. If they were potential belligerents then spying on them is allowed for war is expected with them at any time. .

Thus any citizen that frequently visits the warring disbelievers would be under suspicion due to his contact with those we are permitted to spy on, i.e. the belligerent disbelievers. .

The details of this issue will be as follows: .

1. Spying on the actual belligerent disbelievers is obliged upon the state; a matter which, besides the above mentioned evidences, is emphasised by the rule: "that which is necessary to perform an obligation is itself obligation." This is because the knowledge of the force of the enemy, its plans, its objectives and its strategic locations and the like are necessary to defeat the enemy. This is undertaken by the war department, and it includes the citizens that make contact with the actual belligerent disbelievers, since in origin there is not usually contact between the citizens and the belligerents, as the relation between them is a relation of war. .

2. Spying on the potential belligerent disbelievers is allowed; and it is obligatory upon the state to prevent any harm, such as, when it is feared they would help the actual belligerents or join them. The potential belligerent disbelievers are of two types: .

The first: The potential belligerent disbelievers in their country whom the war department would spy on. .

The second: The potential belligerent disbelievers that enter our country, such as the ambassadors, the covenants and their like. These have to be put under observation and spying by the internal security department. .

The department of internal security takes charge of surveillance and spying on the citizens who frequently visit the officials amongst the potential belligerent disbelievers or their representatives in our country. The war department also takes charge of the citizens who frequently visit the officials amongst the actual belligerent disbelievers or their representatives in their own country. This however requires two conditions: .

The first: There should appear through surveillance, carried out by the war department and internal security, of the officials amongst the potential belligerent disbelievers or their representatives’ clear evidence that the frequent visits to these disbelievers or their representatives, inside or outside the state, are not natural and attract attention. .

The second: Whatever is discovered by the two departments has to be presented to the judge of hisbah; and then the judge of hisbah rules upon the matter. If such a case arises then it is allowed for the department of internal security to spy on those citizens that make such frequent visits to the officials amongst the potential belligerent disbelievers or their representatives in our country. It is also permitted for the war department to spy on the citizens that make frequent visits to the officials amongst the potential belligerent disbelievers and their representatives in their own country. These are the evidences related to all of this: .

1. Spying on Muslims is haram as stipulated in this verse. Allah (S.W.T) says: .

"And do not spy on each other". .. [49:12].

This is general prohibition of spying; and it remains general unless there is an evidence to specify it. This is confirmed by the hadith reported by Ahmad and Abu Dawud in their narration from Al-Muqdad and Abu Umamah when they said: .

"The Messenger of Allah (PBUH) said: If the amir sought for suspicion amongst the people he would undermine them." [Abu Dawud, Sunan, #4889 and al-Haythami, Majma’ al-Zawa’id, vol.5, p.218].

Therefore spying on a Muslim is haram. This rule also applies on the people of the dhimmah from the citizens of the state. Thus spying is haram upon the citizens, Muslims and non-Muslims. .

2. Spying on actual belligerent disbelievers, such as those who are at war with us; and on the potential belligerent disbelievers, such as those who enter our country with covenant or under our protection like ambassadors and others, or the actual belligerent disbelievers in their own country; is allowed. It is in fact obligatory to spy on the actual belligerent, and on the potential belligerent in case of harm. .

- The evidences are clear in the seerah of the Messenger of Allah (PBUH), which are as follows: .

- It was reported in the Sirah of Ibn Hisham about the expedition of Abdullah ibn Jahsh, where he ordered him to travel for two days. After Abdullah ibn Jahsh travelled for two days he opened the letter of the Messenger of Allah (PBUH) and read it. He found in it: .

"If you read this letter of mine travel till you reach Nakhlah that comes between Makkah and Ta'if, where you camp and monitor Quraish from there and collect for us their news". .

It was reported in the Sirah of Ibn Hisham regarding the events of the ghazwah of Badr, that Ibn Ishaq said: .

"The Messenger of Allah (PBUH) and Abu Bakr rode till they met a sheikh from the Arabs. He asked him about Quraish and about Mohammad and his companions and any information he got about them. The sheikh said I will not inform you till you tell me from where are you? The Messenger of Allah (PBUH) said, if you tell us we would tell you. He said, is this for that? He said: yes. The Sheikh said: such day. If the one that informed me said the truth, then they would be in such and such place, naming the place where Quraish is. When he finished his news he said: From where are you? The Messenger of Allah (PBUH) said:. water, and he then turned away from them. He said, the sheikh was saying: From water, or from the water of Iraq? .

Then the Messenger of Allah (PBUH) returned back to his companions. When night fell, he sent Ali ibn Abi Talib, Zubair ibn Al-Awwam and Sa'd ibn Abi Waqqas together with some of his companions (ra) to the water of Badr to seek the news from there, i.e. to look for spies upon Quraish." .

• Ibn Ishaq also reported that Ibn Hisham mentioned under the title: “Basbas ibn Amru and Adiy ibn Abu Al-Zaghba' spy for news”, till he said, “Adiy and Basbas heard that (i.e. that which the two maids said at the water regarding the news of Quraish). So, they jumped onto their two riding camels and went to the Messenger of Allah (PBUH) where they informed him of that which they heard. .

Though these evidences were regarding Quraish, which was an actual belligerent, the rule applies to the potential belligerent since war is expected with them. The only difference is that spying is obligatory in the case of the actual belligerent because the war policy for defeating the enemy requires that. It is however allowed regarding the potential belligerent because war is expected with them. If there is possible harm from them however, i.e. it is expected they might help the belligerent or actually join them, then spying on them becomes obligatory as well. .

Thus, spying on the belligerent disbelievers is allowed for Muslims, and obligatory upon the state to provide. This is due to the order of the Messenger of Allah (PBUH) to do so as mentioned above. It also comes under the rule: "That which is necessary for performing an obligation is itself obligatory". .

If some citizens, whether Muslim or non Muslim, frequently visited the belligerent disbelievers, whether they were actual or potential belligerent, in our country or in their country, then these are suspects, and hence it is allowed to spy on them and follow their news. This is because they frequently visit those who are allowed to spy on them, and because harm is expected from them on the state if they spied for the advantage of the disbelievers. .

However, to allow spying on such citizens the above mentioned two conditions must be verified. .

The war department takes charge of spying on the citizens that frequently visit the actual belligerent, as well as on the citizens that frequently visit the officials amongst the potential belligerent and their representatives in their own country. The department of internal security takes charge of spying on the citizens that frequently visit the officials amongst the potential belligerent disbelievers and their representatives in our country.