Caliphate, Ruling

Q&A: What is the evidence for the Majlis ul-Ummah’s power of removing the Assistants and Mayors?

Q. One of the mandatory powers of the Council of the Ummah (Majlis ul-Ummah) is they can express no-confidence in the Assistants (mu’awinoon), Governors (wulah) and Mayors (aamileen). The Caliph then removes them based on the Council of the Ummah (Majlis ul-Ummah)’s opinion. The evidence (daleel) for this mandatory power relates specially to the removal of the governors so how can it also apply to the Assistants and Mayors?

In answer to this the powers of the Caliph include the appointment in ruling and administration.

Whatever is part of the ruling comes under the same subject. So the Caliph’s Assistant (mu’awin) is a waali (ruling position), the Governor (waali) is a waali and the Mayor (aamil) is a waali, and their work is looking after the affairs of the people in their domain.

As the governor is removed if his flock, i.e. the people in his province (wiliyah) complained of him, the Assistant is also removed if his flock, i.e. the people in his wiliyah (ruling area) complained of him, and the Aamil as well is removed if his flock, i.e. the people in his wiliyah (ruling area) complained of him.

This is similar to prohibiting each type of alcohol, describing each as haram, because they are all types of the same subject. Thus, the divine ruling of a particular issue applies to all of its members.

NOTE: The Waali, although commonly used to mean a governor of a province has another more general meaning. The Waali is a ruler, because the Wilayah (ruling matter or province) means the ruling. In the dictionary Al-Muhit, it has been defined as “the Imarah (leadership) and the authority.” It requires an appointment by the Caliph or by whoever is delegated to do so on his behalf.

The Waali is the deputy of the Caliph and performs what the Caliph authorises him to do on his behalf. According to the Shar’a (Islamic law), the Wilayah has no specific limit, so anyone appointed by the Caliph to act on his behalf over any matter of ruling would be a Waali in that matter in accordance with the terms the Caliph used in his appointment.