The Ummah’s Charter by Al-Khilafah Publications

64. Authority is embedded in the Ummah, or in the influential group in it. However, it manifests in one person in her, the Ameer. If there is no Ameer, then there is no actual presence of authority. Since authority is looking after the affairs of the people and the management of their interests, where the people can’t dispense with looking after their affairs, it is not valid that the Ummah be without an ameer. Thus, the presence of the Ameer in the Ummah is an inevitable duty, necessitated by the nature of the life of the Ummah. Therefore, the presence of the Ameer is obligatory and inevitable; the absence of an Ameer in the Ummah is invalid in any circumstance. The shar’ has proved the obligation of appointing the Ameer and the Sahaabah have unanimously consented that the Ummah should not be without an Ameer. It is narrated from ‘Abdullah b. ‘Umar that the Prophet (PBUH) said:

“It is not allowed for three people in an open land, save they appointed one of them as an Ameer over them.” It is also narrated from Abu Sa’eed that the Messenger of Allah (PBUH) said:

“If three (people) went out on a journey, let them appoint one of them as an Ameer.” Al-Bazzar reported, through a sound narration from a Hadeeth of ‘Umar b. al-Khattab that the Prophet (PBUH) said:

“If you were three (people) on a journey, then appoint one of you as an Ameer.” These ahaadeeth indicate that the Ummah’s appointment of an Ameer over her is an obligation. As regards the fact that the Ummah should not be without an Ameer, this is due to the Sahaabah (may Allah be pleased with them) making Ijmaa’ that the Ummah should not be without an Ameer for more than three days. They met together in the saqeefah (hall) of Bani Saa’idah to discuss the appointment of a successor to the Messenger of Allah (PBUH) the moment they got the news of his death; they remained discussing the matter in the saqeefah. Then the next day the people met in the Masjid. Thus, this took two nights and three days. Moreover, ‘Umar b. al-Khattab entrusted the people of the Shura, once his death by the stabbing appeared certain, and he fixed for them three days. He then ordered that if there was no agreement over the Khaleefah after three days that the one opposing be killed. He delegated fifty men from the Muslims to execute that, i.e. to kill the opponent, though (the candidates) were from the people of Shura and from the senior Sahaabah. All of this took place in front of the Sahaabah, and there was no report from any of them that anybody disagreed with it or contested it. This is despite it being a matter that can be contested, for it includes an order to kill senior Sahaabah if they disagreed. Thus, it was an Ijmaa’ of the Sahaabah that it is not allowed for Muslims to be without a Khaleefah for more than two nights and three days. When ‘Umar entrusted the people of the Shura, he said to them: “make consultation for three days, and let Suhaib lead you in the prayer during these three days of consultation.” 65. Authority belongs to the Ummah and anyone of it sons can put himself forward to take that authority, as long as he fulfills the conditions of the Khilafah. If the post of Ameer becomes vacant, then the Ahl ul Halli wal ‘Aqd (the influential people) should list the candidates for the post of Khilafah, as long as each one of these candidates fulfills the conditions of the Khilafah. After the candidates are listed, the Ummah will choose from them the one who is qualified to be Ameer. However, the Ahl ul Halli wal ‘Aqd should select an interim Ameer while the Khaleefah or permanent Ameer is being elected. This is the case if the first Khaleefah or Ameer did not appoint an Ameer after him, until the Ummah chooses her khaleefah or her ameer. This is because when the Ummah requested ‘Umar to nominate some one, he nominated six candidates for the Khilafah. ‘Abd ur-Rahman b. ‘Awf began to take the opinion of the people regarding whom they would choose from the six candidates. He said: “I will not leave a man or a woman without consulting him or her,” i.e. I took his/her opinion. For the period in which one of the six candidates he nominated was to be selected, Umar appointed Suhayb to be Ameer over the people, until the election was concluded.

66. The state is an executive entity comprising of a set of concepts, criteria and convictions which the Ummah has accepted, i.e. the Sharee’ah rules. The state leads the Ummah in the battlefield of life, on a particular area of land. The entity of the Ummah and the entity of the state in this part of the land, both represent a single entity, in which the state occupies the centre of leadership. So that this entity composed of the two entities can exist; and so that the state entity is suitable for looking after the affairs of the people according to the set of concepts, criteria and convictions; and so that the Ummah enjoys stability and tranquillity, there must be disciplinary concepts in the entity of the state. These concepts must be entrenched in the minds, dominant over the relationships and have command over the atmospheres, such that they become a public opinion emanating from public awareness. These are the most important five concepts: First: The authority should remain practically with the Ummah and its usurpation from her would be considered a crime for which there will be the severest punishment. The Sharee’ah has made the appointment of the Khaleefah the right of the Ummah, by making her the one to give the bay’ah. Islam obliged that the Khaleefah only takes the authority through this bay’ah. Thus it made the bay’ah the method of assuming authority. The fact that Shar’ made the bay’ah for all the Ummah indicates that the authority lies with them. Since the bay’ah is a contract of choice and consent like any other contract, hence the authority must be taken from the Ummah by choice and consent and without compulsion or coercion. If it is taken by force and compulsion, the contract is void and is not concluded. So the bay’ah of the one who took the authority by force will not be concluded and the one who took the authority without a bay’ah is a usurper, because he cannot possess it unless he had a bay’ah contract with choice and consent.

Second: There must be complete obedience to the ruler, willingly and happily, in everything he orders and forbids, in those matters the Sharee’ah has given him a right to dispense with according to his own view and Ijtihaad. Even if he committed injustice or violated rights, obedience to him would remain obligatory; he is not disobeyed unless he ordered that a sin be performed. It has been narrated on the authority of Nafi’, from Ibn ‘Umar, that the prophet (PBUH) said:

“To hear and obey is obligatory on every Muslim in what he hates and what he likes, as long he has not been ordered to commit a disobedience (to Allah) If he is ordered to commit such disobedience then there is no hearing or obedience.” Abu Hurayrah narrated that the Messenger (PBUH) said:

“Walis (rulers) will take charge of you after me; the pious will lead you with his piety, and the impious with his impiety, so listen to them and obey them in everything which conforms to the truth.” Bukhari reported, on the authority of Ibn ‘Abbas, that the Messenger of Allah (PBUH) said:

“If anyone sees in his Amir something that displeases him, let him remain patient, for behold! He who separates himself from the Sultan (authority of Islam) by even so much as a hand span and dies thereupon, he has died the death of Jahiliyyah.’ Also Bukhari reported on the authority of ‘Abd Ullah b. ‘Umar that the Messenger of Allah (PBUH) said:

“You shall witness after me selfishness and matters that you will disown. They said: ‘What do you order us O Messenger of Allah(PBUH)?’ Give them their due and ask Allah ( SWTH) for your due.”.

These evidences indicate the extent to which the Sharee’ah has urged obedience to those who assume authority over the Muslims, whatever injustice they committed and however much they violated the people’s rights.

Third: It is obligatory to account the rulers, criticizing them by speech and confronting them with harsh words, despite the obligation to obey them. This is because the Ummah is a guardian over the tasks and responsibilities of the ruler and she is obliged to challenge him (if he deviated). It has been narrated by Umm Salamah that the Prophet (PBUH) said:

“Ameers will be appointed over you, and you will find them doing good as well as bad deeds. Whoever hates their bad deeds is absolved from blame. And whoever disapproves of their bad deeds is also safe. But whoever approves of their bad deeds and imitates them is doomed.” Meaning he hates the munkar, so he has to change it; the one who is not able to change it but hates it in his heart, then he is safe. However, the one who approved and followed, i.e. he accepted their action by his heart and followed them in this action, will not be absolved and nor will he be safe. He (PBUH) said:

“The master of martyrs is Hamza, and a man who stood up to a tyrant ruler to advise him and was killed.”.

Fourth: Fighting the ruler when he shows kufr buwaah, i.e. when the ruler rules with kufr laws or if he is silent over the domination of kufr in the country. In this situation he must be fought. Thus, in the Hadeeth of Umm Salamah:

“They said: ‘shall we not fight them?’ He said: ‘no, as long as they pray.’” In another narration:

“Shall we not fight them? He said: No as long as they pray.” In the Hadeeth of 'Awf b. Maalik:

“it was said: O Messenger of Allah! Shall we not fight them with the sword? He said: no, as long as they establish the salah amongst you.” In the Hadeeth of ‘Ubaada b. Saamit:

“would we not fight those in authority? He said: except if you see a kufr buwaah for which you have proof from Allah.” In a narration by at-Tabaraani:

“explicit kufr (kufran suraahan).” In the narration of Ahmad:

“As long as he does not order you with an explicit sin (ithman buwaahan).” All of this indicates the obligation of fighting the ruler when he displays kufr buwaah (explicit kufr) Fifth: The Muslims must rise to fight the enemy under the banner of the ruler, whatever his situation might be, whether he is pious or a transgressor, due to the saying of the Messenger (PBUH):

“Jihaad must continue with the pious or faajir ruler.” Reported by Abu Dawud on the authority of Abu Hurayrah.

These five concepts are disciplinary concepts that must exist in the entity of the state and the entity of the Ummah. They must be dominant and if they did not exist the Ummah and the state will face many dangers.

67. Islam must be implemented completely, all at one time. It is forbidden to apply the rules gradually. After the narration of His (PBUH) saying:

“This day, I have perfected your religion for you.” [Al-Maa’idah: 3] The Muslims have been ordered to act upon all Sharee’ah rules, whether they relate to beliefs (‘Aqaa`id), worships (‘Ibadaat), morals (Akhlaaq) and societal transactions (Mu’amalaat); or if they relate to ruling, economy, society and foreign policy in relation to other peoples, nations and states, in the case of war or peace.

There is no difference between two different rules, two different duties and or two different prohibitions. So, as it is obligatory to undertake the Salaah, the Siyaam and the Zakaah, it is obligatory to appoint a Khaleefah, remove the Kufr laws and to govern by what Allah has revealed. As it is also prohibited upon us to drink alcohol and eat riba, it is prohibited for us to remain silent about the tyrant and transgressor rulers, or to remain silent about the application of Kufr laws and the allegiance (muwaalaah) to Kufr states.

Thus, all of Islam has to be established and all of it has to be implemented. It is not allowed to implement it gradually. This is because we are ordered to implement it completely. Allah (SWTH) said:.

“And whatever (maa) the Messenger brought you, take it; and whatever (maa) he forbade you, abstain from it.” [Al-Hashr: 7] This means you are obliged to take all the duties that the Messenger brought to you and you must avoid all the prohibited things that he forbade you. This is because the word ‘maa’ (whatever) that came in the aayah is one of the forms of generality (‘umoom) Thus it includes the obligation of taking all the duties he brought and the obligation to abstain from all of the forbidden things.

There is also the saying of Allah (SWTH):

And govern between them with what (maa) Allah revealed.” [Al-Maa’idah: 49] This is an order to the Messenger and those rulers who follow him, that they must govern with all the rules that Allah revealed. This is because the word ‘what’ (maa) in the aayah is of the forms of generality (‘umoom) Allah (SWTH) forbade, in the aayah, the Messenger and the rulers coming after him from following the desires of the people. He also forbade the Messenger (PBUH) and the rulers after him lest the people deviate them from some of the rules that Allah revealed. Allah considered the one who does not govern with all the rules that Allah revealed as a kaafir, a zaalim or a faasiq. This is because the word ‘what’ (maa), which came in the three aayaat, is inclusive (‘aammah) of all the revealed rules, because it is one of the forms of generality (‘umoom) The Messenger also obliged fighting against the ruler and raising the sword in his face if he showed the explicit Kufr (Kufr buwaah), upon which we have proof from Allah. This means if he governed with rules of Kufr, even if it were one ruling (Hukm) This is according to what came in the Hadeeth of ‘Ubadah b. as- Saamit:

“And that we must not contest the people of authority over their authority, unless you see Kufran Buwaahan (open Kufr),

upon which you have proof from Allah.” Therefore, there is no excuse for not implementing all the rules of Islam, in one go and without graduation, under the pretext of incapability to implement it, the unsuitability of conditions for its implementation, the rejection of the international public opinion or the great powers of its application, or any other weak excuse. All of these are weak excuses and arguments that have no importance. Allah will not accept, from anyone, that he uses these matters and takes them as an excuse for the failure to implement Islam completely.