The Khaleefah has the absolute authority to manage the citizens’ affairs according to his own opinion and Ijtihad. However, He is forbidden from violating any Shari’ah rule under the pretext of benefit (Maslaha). For instance He cannot prevent the subjects from importing goods under the pretext of protecting the local industry unless it actually harms the economy of the country. He cannot also set prices for the people under the pretext of preventing exploitation. He also cannot force landlords to rent their properties under the pretext of easing housing, unless there was a pressing need for that, or any other policy that violates the Shari’ah rules. He is, therefore, forbidden from prohibiting a Mubah action, or allowing a Haram one.

This is because of what the Messenger of Allah (pbuh) said:

“The Imam is a guardian and He is responsible over his subjects.” It is also because of the rules that the Shar’a gave to the Khaleefah, like his managing of the funds of Baitul-Mal according to his own opinion and Ijtihad, and like forcing of the people to abide by one specific opinion in one matter, and the like. This Hadith gives him the right of exercising his total authority without any restriction whatsoever. The management of the treasury, the adoption of laws, the organising and training of the armed forces and the appointing of Wulah and other powers given to the Khaleefah, all these powers are not subject to any restriction. This proves that the Khaleefah looks after the affairs of the subjects as He deems fit without any restrictions, and obedience to him in all such matters is compulsory and disobedience to him is a sin. However, running of the subjects’ affairs has to be performed according to the Shar’a rules, namely according to the Shari’ah texts. The powers, although they are absolute, but are restricted by Shar’a only, that is to be according to the Shari’ah rules. For instance, although the Khaleefah has the powers to appoint the Wulah as He deems, He cannot appoint a disbeliever or a child or a woman as Wali for Shar’a has forbidden this. He also, for instance, has the powers to allow the opening of embassies of disbelieving countries in territories under his authority and this power is unrestricted. It would however be wrong for him to allow the opening of an embassy of a disbelieving state which intends to use the embassy as a tool to dominate the Islamic lands, for Shar’a forbids this. He also for instance has a free hand in deciding the details of the budget and the amounts needed for each section. However, He cannot endorse a project of building a dam while the revenues of the treasury are not enough for it, under the pretext that He collects taxes to build the dam. This is because if the dam is not indispensable, then it is wrong according to Shari’ah to impose taxes to build it. The Khaleefah is thus given a free hand by the Shar’a in governing the Ummah’s affairs according to what Shar’a allows him. However, this freedom of management is conducted according to the Shar’a rules. Furthermore, having unrestricted powers in running the government does not mean that the Khaleefah can enact laws that He wants to manage the affairs of the state. Rather, it means that what is left for his disposition it is Mubah for him to dispose of it according to his opinion, in whatever way He deems fit. So He can adopt the rule in the matter in which He is allowed to act according to his own opinion, and obedience to him in this rule becomes compulsory. This is because the Shar’a gives him the authority to act according to his own opinion, and commands us to obey him. Thus He has the right to enact such adopted opinion as a law by which people must abide. He, for instance is allowed to manage the treasury according to his own opinion and Ijtihad, and people are commanded to obey him in that. He, therefore, has the right to enact the laws of the treasury that, accordingly, must be obeyed. He also has the power to head the armed forces and to run the affairs of the army, and according to his own opinion and Ijtihad, and people must obey him in that. Thus He has the right to enact laws for the army leadership, and for administering the army accordingly, and obedience to such laws becomes binding. The Khaleefah has the right to run the affairs of the citizens according to his own opinion and Ijtihad, and to appoint those who run these affairs according to his own opinion and Ijtihad, and people have to obey him in that. So He has the right to enact laws to administer the departments and laws for the employees. Accordingly, these laws must be obeyed. Therefore, everything that is left to the Khaleefah to act upon according to his own opinion and Ijtihad, and is part of his mandatory powers, He has the right to adopt and enact laws for such matters; and compliance with such laws is compulsory. It is not correct to conclude that all styles are mubah in essence for everyone to choose. So the Khaleefah is forbidden from specifying a particular style and making it compulsory, for this would be considered as making the Mubah action compulsory, since forcing the execution of the Mubah is equivalent to making the Mubah compulsory, and making the Mubah Haram by preventing the other styles, a matter which is not allowed. It would be wrong to say this because although Mubah is a style in essence, the styles of managing the treasury are Mubah for the Khaleefah only and not to other people. Likewise, the styles of running the armed forces are Mubah for the Khaleefah only and not for the people. The same is true with running the affairs of the citizens’ affairs. These are exclusively Mubah for the Khaleefah and not for all the people. Therefore, the obligation of abiding by the Mubah does not make this Mubah as Fard. It is rather making obedience compulsory in the matters which the Shar’a has allowed the Khaleefah to enact according to his own opinion and Ijtihad, i.e. in what He chose of opinion and Ijtihad to manage the affairs. Though it is Mubah that the Khaleefah obliged its execution and prevented other than it, it is however a Mubah for the Khaleefah to manage the affairs according to it, because managing the affairs is his duty, and it is not Mubah for management by all the people. Therefore, the obligation of abiding by the Mubahaat which the Khaleefah has adopted for managing the people’s affairs in the matters which the Shar’a has given him powers to conduct according to his own opinion and Ijtihad, is not considered as if the Khaleefah had made the Mubah as Fard and the Mubah as Haram. It is rather making obedience compulsory in the matters which the Shar’a has allowed the Khaleefah to enact according to his own opinion and Ijtihad. So every Mubah the Khaleefah chose to manage the affairs becomes obligatory upon every citizen to abide by. Based on this ‘Umar ibn al-Khattab laid down dawawin, and based on this the Khulafaa’ enacted certain regulations for their ‘Amil and for the subjects and they obliged them to act upon such regulations and execute them exclusively. Therefore, it is allowed for the Khaleefah to draw up the administrative laws and all the other laws of such nature. His obedience in such laws is compulsory, for it is an obedience to the Khaleefah in whatever He orders in matters which are within the mandate given to him by Shar’a.

However, this only concerns the Mubah relating to looking after the affairs, namely in whatever matter the Khaleefah is allowed to conduct according to his own opinion and Ijtihad. This is in matters such as organising the administration of the state’s departments, the organising of the armed forces and other similar matters. It does not apply to all Mubah matters, but only in what has been made Mubah to the Khaleefah, in his capacity as a Khaleefah. As for the other rules like the Fard, Mandub, Makruh, Haram and Mubah which relate to all the people, the Khaleefah is restricted by the Shar’a rules regarding them, and He is absolutely forbidden from violating them. For Al-Bukhari and Muslim narrated from ‘Aiesha  that the Messenger of Allah (pbuh) said:

“Whoever inserted anything in this our matter (Deen) that is not part of it, it is rejected.” This is a general text that includes the Khaleefah and others.