1. The 12 Naqibs
2. Sahifat al-Medina
3. Al-Aws and Al-Khazraj (Ansar)
4. Jewish Tribes
5. The First Major Province
6. Notes

The sunnah consists of the speech, actions and consent of the Prophet ﷺ. It is a fundamental source of Islamic Law (sharia) from which we guide our actions.[1] The sunnah is not just restricted to ‘ibadat (worships) but covers all aspects of life, state and society. Allah ta’ala says,

وَمَآ ءَاتَىٰكُمُ ٱلرَّسُولُ فَخُذُوهُ وَمَا نَهَىٰكُمْ عَنْهُ فَٱنتَهُوا۟

“Whatever the Messenger gives you, take it. And whatever he forbids you from, leave it.”[2]

The relative pronoun (مَا) is ‘aam (general) and means “whatever” so we do not restrict the sunnah to one sphere of life only. Today siyasa sharia (Islamic politics) is a neglected sunnah and an area which requires greater scrutiny and study to guide us through the maze of modern political life.

In regards to the Islamic ruling system, the speech and actions of the Prophet ﷺ in Medina related to government are a divine evidence (شَرْع دَلِيل  shara’ daleel) for us to follow.

The 12 Naqibs

When the Prophet Muhammad ﷺ first established the state in Medina, the existing tribal structure was used to administer the state. The Aws and Khazraj tribes whom Islam united together as the Ansar (helpers), were sub-divided into various clans who managed their own administrative affairs as devolved ‘mini-provinces’.

The chiefs (naqibs) of these clans were not appointed by the Prophet ﷺ, but rather ‘elected’ by the tribes themselves on his ﷺ orders. Ka’b ibn Malik narrates that the Prophet ﷺ said,

أَخْرِجُوا إلَيَّ مِنْكُمْ اثْنَيْ عَشَرَ نَقِيبًا، لِيَكُونُوا عَلَى قَوْمِهِمْ بِمَا فِيهِمْ. فَأَخْرَجُوا مِنْهُمْ اثْنَيْ عَشَرَ نَقِيبًا، تِسْعَةً مِنْ الْخَزْرَجِ، وَثَلَاثَةً مِنْ الْأَوْسِ.

أَسَمَاءُ النُّقَبَاءِ الِاثْنَيْ عَشَرَ وَتَمَامُ خَبَرِ الْعَقَبَةِ

“Bring out to me from among you twelve chiefs (naqibs), so that they may be in charge of their people and whatever is in them.” So they brought out from among them twelve chiefs, nine from the Khazraj, and three from the Aws.[3]

He ﷺ said to the Naqibs:

أنتم على قومكم بما فيهم كفلاء ككفالة الحواريين لعيسى بن مريم، وأنا كفيل على قومي

“You are responsible for your people and what is in them, just as the disciples were responsible for Jesus, son of Mary. I am responsible for my people.”[4]

“The Naqib means: عريفُ القوم يتعرف أخبارهم وينقب “the leader (‘arif) of the people who learns their news and investigates.”[5]

Al-Asamm (d. 852 CE) says,

هُمُ المَنظُورُ إلَيْهِمْ والمُسْنَدُ إلَيْهِمْ أُمُورُ القَوْمِ وتَدْبِيرُ مَصالِحِهِمْ

“They (naqibs) are the ones who are looked to and entrusted with the affairs of the people and the management of their interests.”[6]

The 12 Naqibs[7]

No.	Name	Tribe	Service to Islam
1	Abu Umama As’ad bin Zurara	Khazraj	Died before Badr. One of the original six who became Muslim at hajj one year before.
2	Rafi’ bin Malik	Khazraj	One of the original six who became Muslim at hajj one year before.
3	Ubada ibn al-Samit	Khazraj	Commander at Badr. Teacher and Judge in Ash-Sham under Umar ibn Al-Khattab.
4	Sa’d bin al-Rabi’	Khazraj	Battle of Badr, martyred at Uhud
5	Abd Allah bin Rawaha	Khazraj	Battles of Badr, Uhud, Khandaq. Commander of the Battle of Mu’tah where he was martyred.
6	al-Bara’ bin Ma’rur	Khazraj	First to give 2nd bay’ah of Aqaba. He died before the arrival of the Prophet ﷺ in Medina.
7	Abd Allah bin ‘Amr bin Haram	Khazraj	Battle of Badr, martyred at Uhud
8	Sa’d ibn Ubadah	Khazraj	Candidate for post of Caliph at the Saqifah of his clan after Prophet’s ﷺ death.
9	al-Mundhir bin ‘Amr	Khazraj	Battles of Badr, Uhud. Commander at Bi’r Ma’una where he was martyred.
10	Usaid bin Hudair	Aws	Commander of Aws at Uhud, Hunayn and Tabuk. Part of bay’ah contract to Abu Bakr at the Saqifah.
11	Sa’d ibn Khaithamah	Aws	Martyred at Badr
12	Rifa’ah ibn ‘Abd al-Mundhir ibn Zunayr	Aws	Battle of Badr

Sahifat al-Medina

Early in the formation of the state, the Prophet ﷺ drew up a charter called the Sahifat al-Medina, which was similar to a modern-day constitution. This document defined the relationships and responsibilities of the various tribes in Medina who made up the Islamic society. Muhammad Al-Massari says, “We also observe, through a mere reading of the Sahifa, that it represents, in its sum, constitutional texts which regulate the relationship between the different groups of a society which has been formed upon a tribal basis, where tribes represent important units and each tribe is equivalent to a state.”[8]

The Sahifa treaty “mentioned 40 subtribes or clans by name, and stated that each tribe will carry the responsibilities of its members; they will oversee their own blood-money disputes, prisoners of war, and the poor and needy.”[9] In other words the Prophet ﷺ devolved some ruling powers to these clans a process known in modern times as devolution.

An example of one of these clauses is Banu Sa‘ida, a sub-tribe of Khazraj headed by Sa’d ibn Ubadah, where the famous bay’ah to Abu Bakr was conducted after the Prophet’s ﷺ death. The Sahifa stated:

“Banu Sa‘ida shall be responsible for their own ward (مَعاقِلهم), and shall pay their blood-money in mutual collaboration and every group shall secure the release of its own prisoners by paying their ransom from themselves, so that the dealings between the believers be in accordance with the principles of goodness and justice.”[10]

It is clear from the Sahifa and the command of the Prophet ﷺ: أَخْرِجُوا إلَيَّ مِنْكُمْ اثْنَيْ عَشَرَ نَقِيبًا، لِيَكُونُوا عَلَى قَوْمِهِمْ بِمَا فِيهِمْ “Bring out to me from among you twelve chiefs (naqibs), so that they may be in charge of their people and whatever is in them,” that these naqibs had full powers over their clans as indicated by the relative pronoun (مَا) which is ‘aam (general) and means “whatever”. This is an evidence (شَرْع دَلِيل  shara’ daleel) for elected governors as we will discuss in due course.

Since these naqibs were only amirs of a clan (district in modern speak), their powers would exclude anything to do with policies related to the common security and well-being of the state such as taxation and military expeditions. The sub-tribes would assist in these common issues such as participation in the battles as the Sahifa constitution of Medina outlined, but they would have no autonomy to pursue their own agendas separate to that of the Prophet ﷺ. No military expedition ever took place without the direct command and consent of the Prophet ﷺ who was the commander-in-chief, except that of Abu Basir who was outside the authority and jurisdiction of the Prophet’s ﷺ state at the time. The Sahifa states:

وَإِنَّهُمْ يَنْصُرُونَ بَعْضُهُمْ بَعْضًا عَلَى مَنْ دَهَمَ يَثْرِبَ

“And they (the signatories) support one another against whoever attacks Yathrib [Medina].”[11]

Al-Aws and Al-Khazraj (Ansar)

Prior to Islam, Sa’d ibn Mu’adh and Usaid bin Hudair were the chiefs (sayyid) of Banu Abd Al-Ashhal, a sub-tribe of Al-Aws.[12] Although Usaid bin Hudair was the ‘elected’ Naqib of Banu Abd Al-Ashhal, Sa’d ibn Mu’adh was the overall leader of Al-Aws. Sa’d ibn Ubadah, the Naqib of Banu Sa‘ida was the overall leader of Al-Khazraj[13], and both Sa’ds would represent the opinions of the Ansar as a whole. After the Prophet ﷺ passed away the Ansar’s candidate for the caliphate was Sa’d ibn Ubadah, and the bay’ah took place at his Saqifa (portico) because Sa’d ibn Mu’adh had passed away after the Battle of Khandaq in 5 Hijri.

At the Battle of Badr, Sa’d ibn Mu’adh carried the flag (liwaa’) of Al-Aws and since Sa’d ibn Ubadah was back in Medina protecting the city, Sa’d ibn Mu’adh represented the opinion of the entire Ansar, both Al-Aws and Al-Khazraj. Before the battle the Prophet ﷺ said to the sahaba, “Advise me, people!” When the Messenger of Allah ﷺ said that, Sa’d ibn Mu’adh said to him: “By Allah, it seems that you mean us [Ansar], O Messenger of Allah?” He ﷺ said: “Yes.”[14]

After the expedition of al-Muraysī’ in 627CE (5 AH), the munafiqun (hypocrites) concocted a malicious slander (ifk) against ‘Aisha (ra), the mother of the believers, and beloved wife of the Prophet ﷺ. The head of the munafiqun was Abd Allah ibn Ubayy ibn Salul, who was one of the prominent members of Al-Khazraj. The Prophet ﷺ gathered the Muslims in the Masjid and delivered a sermon exposing Abd Allah ibn Ubayy’s lies. Sa’d ibn Mu’adh of Al-Aws, stood up and said if he was from his tribe i.e. Al-Aws then he would execute him. However, if he was from another tribe (state) in this case Al-Khazraj, then he would need permission to do that since he had no authority over Al-Khazraj. This is an indication of the administrative setup and devolved powers of the various tribes of Medina.

‘Aisha narrates that the Messenger of Allah ﷺ addressed the sahaba in the Masjid saying, “O group of Muslims, who will excuse me from a man who has harmed my family? I have been informed about him. By Allah, I have never known anything about my family except good. They have mentioned a man about whom I have never known anything except good, and he never enters upon my family except with me.” She said, then Sa’d ibn Muadh, the brother of Banu Abd al-Ashhal, said: “O Messenger of Allah, I excuse you. If he is from Al-Aws, I will strike his neck, and if he is from our brothers from Al-Khazraj, you order us and we will do what you order.”[15]

Jewish Tribes

The tribes of Medina were not just Muslim. There were a number of Jewish tribes, and they also managed their own affairs except in matters of common security and disputes with the Muslims. “The treaty clarified that the Jewish nation is responsible for all its internal affairs, such as internal disputes, blood-money, and the poor and needy, as aforementioned. However, if there are disputes between the two nations (i.e., the Jews and Muslims), it will be deferred to the judgement of the Prophet ﷺ. The Jews therefore enjoyed semi-independent statehood within the Islamic state.”[16]

The Prophet ﷺ did not appoint separate Amirs over the Jewish tribes, or establish mosques within them, or force Muslims to move and live among them. This clearly shows that there was no agenda to dilute or pressure these communities to ‘Islamicise’ in a religious and cultural sense. Only in relation to the common security and overarching interests of the state, were they obliged to obey the Prophet ﷺ, something they renegaded on time after time jeopardising the security of Medina and leading to their eventual expulsion from Hejaz. The Sahifa states:

وَإِنَّ الْيَهُودَ يُنْفِقُونَ مَعَ الْمُؤْمِنِينَ مَا دَامُوا مُحَارَبِينَ

“And the Jews spend with the believers as long as they are at war.”[17]

This independence of the dhimmi (non-Muslim citizens) in their religious and communal matters continued throughout the caliphate’s history, and old churches and synagogues can still be seen to this day in the Christian and Jewish quarters of many Muslim countries.

This use of the tribal structure to administer the state on a local level continued throughout the lifetime of the Prophet ﷺ.

The First Major Province

After the Treaty of Hudaibiyah (628CE/6Hijri), the state dramatically expanded, and the city-state model transformed into an ‘empire’ model where vast regions of Arabia became part of the Islamic State. The first of these new territories was Yemen under Bādhān ibn Sāsān the former Persian governor. Yemen was the first major province (wiliyah) of the state with Bādhān its first appointed governor (wali). The Wali or Amir as he was more commonly known, would be the top-level official in the province with the tribal chiefs operating at a local level beneath him. The Amir would never interfere in the local affairs of the tribes or appoint their heads. It was left to the members of the tribe to ‘elect’ or consent to whomever they wished to be their tribal chief.

Notes

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[1] Muhammad Hussein Abdullah, ‘Al-Waadih Fee Usool ul-Fiqh,’ 1995, First Translated English Edition 2016, p.94

[2] Holy Qur’an, Surah Al-Hashr, ayah 7

[3] Ibn Hisham, narrated by Ka’b ibn Malik, https://shamela.ws/book/23833/466

[4] Ibn Kathir, Al-Bidaya wa l-Nihaya, https://shamela.ws/book/23708/855

[5] Muhammad Hassan Hassan Jabal, ‘The etymological dictionary of the words of the Holy Qur’an,’  https://tafsir.app/ishtiqaqi/%D9%86%D9%82%D8%A8

[6] https://tafsir.app/alrazi/5/12

[7] Ibn Hisham, narrated by Ka’b ibn Malik, https://shamela.ws/book/23833/466

[8] Dr Muhammad Al-Massari, ‘The Prophetic Constitution of Madinah,’ Hizb Al-Tajdeed, p.163

[9] Yasir Qadhi, ‘The Sirah of the Prophet ﷺ,’ The Islamic Foundation, 2023, Treaty of Medina

[10] Ibn Hisham, https://shamela.ws/book/23833/525#p1

[11] Ibn Hisham, https://shamela.ws/book/23833/527

[12] Ibn Hisham, https://shamela.ws/book/23833/459#p1

[13] Sahih al-Bukhari 4141, https://sunnah.com/bukhari:4141

[14] Ibn Hisham, https://shamela.ws/book/23833/638

[15] Sahih al-Bukhari 4141, https://sunnah.com/bukhari:4141

[16] Yasir Qadhi, ‘The Sirah of the Prophet ﷺ,’ The Islamic Foundation, 2023, Treaty of Medina

[17] Ibn Hisham, https://shamela.ws/book/23833/527

The devolving of the ruler’s executive powers to the provinces while keeping others with the central government, has its origins in the first Islamic State of the Prophet ﷺ.

We already mentioned the Sahifa and the ‘election’ of 12 Naqibs who managed the subtribes of the Ansar as mini-provinces. The Sahifa “mentioned 40 subtribes or clans by name, and stated that each tribe will carry the responsibilities of its members; they will oversee their own blood-money disputes, prisoners of war, and the poor and needy.”[1] This is one evidence.

As the state expanded most notably to Yemen, after the former Persian governor Bādhān ibn Sāsān embraced Islam, he ﷺ appointed separate judges and new governors of the districts. Ali ibn Abi Talib was appointed as Qadi (judge) for Yemen. It was narrated that ‘Ali ibn Abi Talib said:

عَنْ عَلِيٍّ، رَضِيَ اللَّهُ عَنْهُ قَالَ بَعَثَنِي رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِلَى الْيَمَنِ فَقُلْتُ إِنَّكَ تَبْعَثُنِي إِلَى قَوْمٍ وَهُمْ أَسَنُّ مِنِّي لِأَقْضِيَ بَيْنَهُمْ فَقَالَ اذْهَبْ فَإِنَّ اللَّهَ سَيَهْدِي قَلْبَكَ وَيُثَبِّتُ لِسَانَكَ

“The Messenger of Allah ﷺ sent me to Yemen. I said: ‘You are sending me to people who are older than me for me to judge between them.’ He said: ‘Go, for Allah will guide your heart and make your tongue steadfast.’”[2]

After the death of Yemen’s central governor Bādhān ibn Sāsān, the Prophet ﷺ split Yemen in to two provinces and appointed a sahabi over each. It seems that this was to teach the sahaba the skills of ruling because one large province would be too much for an inexperienced ruler to govern. Abu Burda narrates,

عَنْ أَبِي بُرْدَةَ، قَالَ بَعَثَ رَسُولُ اللَّهِ صلى الله عليه وسلم أَبَا مُوسَى وَمُعَاذَ بْنَ جَبَلٍ إِلَى الْيَمَنِ، قَالَ وَبَعَثَ كُلَّ وَاحِدٍ مِنْهُمَا عَلَى مِخْلاَفٍ قَالَ وَالْيَمَنُ مِخْلاَفَانِ

“The Messenger of Allah ﷺ sent Abu Musa and Mu’adh bin Jabal to Yemen. He sent each of them to administer a province (مِخْلاَفٍ) as Yemen consisted of two provinces.”[3]

Farwah ibn Musaik, was a former senior figure in the powerful Kinda tribe in Yemen. After accepting Islam, the Prophet ﷺ appointed him as a governor (‘amil) of three Yemeni tribes (districts) – Murad, Zubayd, and Madhhij, but appointed a separate official – Khalid ibn Sa’id – in charge of taxation.[4] Ibn Hisham narrates,

وَاسْتَعْمَلَهُ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَلَى مُرَادَ وَزُبَيْدٍ وَمَذْحِجٍ كُلِّهَا، وَبَعَثَ مَعَهُ خَالِدَ بْنَ سَعِيدِ بْنِ الْعَاصِ عَلَى الصَّدَقَةِ

“The Prophet ﷺ appointed him [Farwah ibn Musaik] over Murad, Zubayd, and Madhhij, and sent Khalid ibn Sa’id ibn al-‘As with him to collect the saqadah.”[5]

In the 9^th year of the Hijra known as the “Year of Delegations” (عَامُ الوُفُود – ʻĀm al-Wufūd), the Prophet ﷺ sent a letter to the Christians of Najrān who were part of the tribe Banū al-Ḥārith ibn Kaʿb in Yemen inviting them to Islam, and if they refuse then to pay the jizya tax and live as a semi-autonomous community within the Islamic State but subject to the law of the land in mu’amilat (transactions) and common security.

In the letter sent from the Prophet ﷺ to the Christians of Najrān detailing the conditions of the dhimmah treaty, he wrote:

“This is the document of security (dhimmah) from Muhammad the Prophet of Allah to the people of Najrān, for their persons, their religion, their land, their property, and their community, those who are present among them and those who are absent, and their bishops and monks, and all that they possess, small or great.

They shall not be forced from their religion, nor their rights diminished, nor their priests removed from their offices. No oppression shall befall them.

They are obliged to pay what has been agreed upon as tribute (jizyah): two thousand garments every year — one thousand in the month of Rajab, one thousand in the month of Ṣafar — along with thirty coats of armor, thirty horses, thirty camels, and thirty weapons, to be delivered when war breaks out in Yemen.

In return, they are under the protection of Allah and His Prophet Muhammad. No bishop or monk shall be removed, nor shall they be compelled to abandon their faith, nor shall their rights be altered.

No usurer shall be allowed among them, and no interest (ribā) shall be taken in dealings with them.”[6]

This treaty states that they are subject to the law of the land with regard to the absolute prohibition of interest (riba) and their military affairs are managed by the Prophet ﷺ as commander-in-chief who will protect them. When war breaks out, they will contribute to the war effort (common security) by armour, horses, camels and weapons. Also they will not allow a foreign army to enter their province as this would affect the common security of the state.[7]

This is similar to how the Prophet ﷺ dealt with the Jewish tribes within and outside Medina when he first established the state as detailed in the Sahifa.

Although the majority of Najrān’s residents remained Christian, a sizeable portion converted to Islam. The Prophet ﷺ therefore appointed Amr ibn Hazm al-Ansari as the governor of Najrān to manage the religious affairs of the Muslims there. “After the delegation of the Banū al-Ḥārith ibn Kaʿb returned, the Messenger of Allah sent Amr ibn Hazm al-Ansari and later someone from the Band al-Najjar[8] to instruct them in religion, to teach them the sunnah and the requirements of Islam, and to collect alms from them.”[9]

The Prophet ﷺ gave him a written document (ṣaḥīfah) outlining instructions on religious duties, legal rulings, zakat, inheritance, blood money (diyah), and other matters. This document is often called “Ṣaḥīfat Amr ibn Hazm” and is considered one of the earliest recorded legal documents in Islamic history. In terms of devolved powers Amr ibn Hazm would be considered a Wali ‘Amm having control of taxation, judiciary and education, but not the military as this power was never devolved to the provinces.

These are clear evidences (daleel) from the sunnah for devolution.

Notes

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[1] Yasir Qadhi, ‘The Sirah of the Prophet ﷺ,’ The Islamic Foundation, 2023, Treaty of Medina

[2] Musnad Ahmad 1342, https://sunnah.com/ahmad:1342

[3] Sahih al-Bukhari 4341, 4342, https://sunnah.com/bukhari:4341

[4] In Yemen, the state only levied taxes on trading goods and agricultural produce. These are known as ‘ushr which is zakat, and falls under the general heading of saqadah.

[5] Ibn Hisham, https://shamela.ws/book/23833/1320

[6] Ibn Hishām, al-Sīrah al-Nabawiyyah, vol. 1, p. 575–577 (ed. Suhayl Zakkār).

[7] This part of the treaty is mentioned in other sources such as Abu Ubayd, Kitab Al-Amwal, https://shamela.ws/book/12999/465 

[8] Amr ibn Hazm was also from Banu Al-Najjar

[9] Abu Ja`far Muhammad b. Jarir al-Tabari, ‘The History of Al-Tabari’, translation of Ta’rikh al-rusul wa’l-muluk, State University of New York Press, Vol.14, p.85

1. Islamic Society is Devolved
2. Areas of Devolution
3. Notes

Islamic Society is Devolved

The Islamic state is not a communist state where the regime is in control over all aspects of social, political and economic life. The governing authority in Islam certainly plays a major role in society, but it does not intrude into the individual and family affairs of people unless people are facing abuse and harm in these spheres and need protection. In essence an Islamic society is already devolved in terms of its responsibilities. The family plays a pivotal role in looking after its members both young and old, not just in terms of financial support but also with regards the children, educating them and bringing them up to be functioning members of the society.

Communities and neighbourhoods are simply a collection of families and so will manage their affairs in a similar manner. The Islamic charitable endowment known as Waqf where an individual or institution permanently donates assets, such as land or money, for religious, charitable, or social purposes to benefit the community, meant that many local projects such as new mosques, schools, hospitals, guilds, homes, wells, orchards etc were developed and supported separate to the state. This tradition continues to this day and is known as Sadaqa Jariya, a charity that continues to give reward even after one’s death.

In western countries the benefits bill in terms of social care, pensions and other social security handouts is huge. In the UK it accounts for around 25% of the total government spend which in 2022-2023 equated to £300 billion.[1] The Islamic policy in origin is for the families to manage this. Instead of taxing working age adults in order to pay the money back to them in the form of pensions when they are old or out of work, this financial burden will be on the family. Since they pay less tax, then they have greater disposal income to support this. No doubt such a system requires a very different kind of society to the individualistic liberal societies of the west.

Areas of Devolution

When examining the devolved powers to the governors we find three main areas in which the governors generally had no control, although there were exceptions as we will come to. These areas are the army, finance (taxation) and judiciary. Limiting the powers of the governor in any of these fields would mean that the power is not devolved and hence is centralised under the central caliphal government via a separate army commander, ‘Amil (tax collector) and Qadi (judge). In modern times this is via separate government departments headed by a minister or secretary.

The central caliphal government in principle can centralise or devolve any of its executive powers as it deems fit for the time, and is not limited to just the army, finance and judiciary. Education was always the preserve of the ‘ulema and their respective madhhabs (schools of thought) where scholars graduated through a system of ijaza (authorisation).[2]

The Abbasids did establish hospitals but generally local doctors and healers would administer health care to the tribes and community. The caliphs would have their own personal physicians and in many cases these weren’t Muslim. Moses Hamon, for example, who after fleeing Spain with his father, became the physician for the Ottoman Caliph – Suleiman the Magnificent.

Recently, the thinktank ‘Labour Together’ produced a report outlining a policy of devolving powers over education, health and some aspects of criminal justice to local mayors which was endorsed by the UK government’s local government secretary Steve Reed.[3]

In terms of collective ibadat (worship) Al-Mawardi says, “Some say that leading the prayers on Fridays and the Eid days is the responsibility of the judiciary rather than that of the amir, and this is the most convincing opinion for the followers of ash-Shafi’i, although it has also been said that the amirs are more entitled to it, and this is the most convincing view for the Hanafis.”[4] The ‘ulema who made up the judiciary generally had this responsibility through the entire Islamic State. They were effectively an independent institution who managed their own affairs and madrassas unless appointed as official judges or professors by the state.

Notes

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[1] https://ifs.org.uk/taxlab/taxlab-key-questions/what-does-government-spend-money

[2] The ijaza (إجازة) system in Islam is a traditional method of granting authorization to transmit religious knowledge—particularly the Qur’an, Hadith, and other Islamic sciences.

[3] https://www.theguardian.com/politics/2025/sep/22/ministers-could-give-mayors-control-of-schools-and-hospitals-in-devolution-shake-up

[4] Abu l-Hasan al-Mawardi, The Laws of Islamic Governance, translation of Al-Ahkam as-Sultaniyah, Ta Ha Publishers, p.52

1. Devolved Powers of the Provinces
2. Fully Devolved Powers (Wali ‘Amm)
3. Partially devolved powers (Wali Khass)
4. The Categorisation of the Provinces by the Historians
5. Centralisation vs Decentralisation
6. Notes

Devolved Powers of the Provinces

Al-Mawardi says, “If the caliph appoints an amir over a district (إِقْلِيم  iqleem) or a town(بَلَد balad), his emirate may be one of two kinds, either general (عامَّة ‘amma) or particular (خاصَّة khassa).”[1]

A general emirate is one where the governor has full devolved powers over all aspects of his province including the army[2], finance, judiciary, education and so on. This type of governor is known as a (والِي عامّ) Wali ‘Amm. This is a decentralised model and in Al-Mawardi’s structure where he assigns devolved powers to the military, is more akin to a confederation than a unitary state. In the general emirates of the Prophet ﷺ and the Rightly Guided Caliphs, the provinces never had powers over the army independent of the commander-in-chief i.e. the head of state.

A governor can also be appointed with limited devolved powers over his province while the central caliphate government controls the rest. Historically, separate judges, finance officials, police chiefs and teachers were appointed over some of the provinces at the discretion of the caliph. This type of governor is known as a (والِي خاصّ) Wali Khass. This is a more centralised model in line with the traditional notion of a unitary state.

Both of these types of governor were appointed by the Prophet ﷺ and the Rightly Guided Caliphs after them.

Fully Devolved Powers (Wali ‘Amm)

Al-Mawardi says, “As for emirate which has been specifically and freely assigned, it comprises a clearly defined task and a clearly determined jurisdiction: the caliph delegates the emirate of a country or province to the person appointed for this task and accords the right of governance over all its people together with jurisdiction over the customary acts of his office: he thus assumes a general responsibility for a particular territory and for specific and clearly defined  tasks, and his corresponding jurisdiction covers seven matters:

1- The ordering of the armies, assigning them to various territories and apportioning their provisions, unless the caliph has fixed the amount of provision in which case the amir has only to ensure its payment to them.

2- Application of the law and the appointment of judges (الْقُضَاةِ) and magistrates (الْحُكَّامِ).

3- Collection of the kharaj and zakah taxes, appointment of collectors, and distribution of what is collected to those entitled to it.

4- Protection of the deen, defence of what is inviolable and the guarding of the deen from modification and deviation.

5- Establishment of the hadd-punishments both with respect to Allah’s rights and those of people.

6- Imamate of the Juma’h gatherings and prayer assembly, he himself acting as Imam or his substitute.

7- Facilitating the passage of hajjis from his territory or those of other territories such that he affords them protection.

8- If this province is a border territory adjacent to the enemy, an eighth matter becomes obligatory, that is jihad against the neighbouring enemy, and distribution of the booty amongst the fighters after a fifth has been taken for those entitled to it.

The conditions considered in this emirate are the same as those applicable in the ministry of delegation (Wizarah Al-Tafwid) as the only difference between the two is that there is specific authority (الولاية) in the former but a general one in the latter, there being no difference in the conditions applicable to specific or general authorities.”[3]

Partially devolved powers (Wali Khass)

In origin, the caliph can devolve any of his executive powers to the governors. Al-Mawardi says, “The Specific Emirate refers to that in which the amir is restricted to organisation of the army, establishment of public order, defence of the territory and protection of what is inviolable; it is not, however, up to him to undertake responsibility for the judiciary and the rulings of jurisprudence, or for the kharaj and zakah.”[4]

The Categorisation of the Provinces by the Historians

The historians such as Al-Tabari (d.923CE) and Al-Kindi (d.961CE) referred to a governor with full powers over his province (Wali ‘Amm) as a Wali Al-Salah wa Al-Kharaj (Governor of prayer and tax) where salah (prayer) is a metaphor (كِنايَة  kiniya) for the deen (religion) i.e. implementation of Islam[5] and kharaj (tax) is a metaphor for control of the treasury (Bait ul-Mal) and the funds of the state.

Al-Kindi in the introduction to his book Kitab Al-Wulah wa Kitab Al-Qudah (The Book of Governors and the Book of Judges) says, “This is a book naming the governors (وُلاة  Wulah) of Egypt, and those who were in charge of prayer (والِي الصَلاَة  Wali Al-Salah), and those who were in charge of war and the police (ولِيَ الحرب والشُّرطة  Wali Al-Harb wa Al-Shurta)[6] since it was conquered until our time, and those for whom prayer and tax were combined (والِي الصَلاَة والخَراج  Wali Al-Salah wa Al-Kharaj) in the name of Allah and with His help, and may Allah’s prayers be upon Muhammad and his family.”[7]

Al-Tabari narrates that in the year 66H/685CE Abdullah ibn Al-Zubayr appointed Abdullah ibn Muti’ as his governor over Kufah in Iraq. He appointed him as an Amir with general jurisdiction over his province: وأقام ابن مطيع على الكوفة على الصلاة والخراج “Ibn Mut’i’ was appointed governor of Kufa to oversee the salah and the kharaj.”[8]

It was known by convention from the time of the Prophet ﷺ that leading the salah implied more than simply praying. Allah (Most High) says,

قَالُوا۟ يَـٰشُعَيْبُ أَصَلَوٰتُكَ تَأْمُرُكَ أَن نَّتْرُكَ مَا يَعْبُدُ ءَابَآؤُنَآ أَوْ أَن نَّفْعَلَ فِىٓ أَمْوَٰلِنَا مَا نَشَـٰٓؤُا۟ ۖ إِنَّكَ لَأَنتَ ٱلْحَلِيمُ ٱلرَّشِيدُ

They said, ‘Shuayb, does your prayer (salah) tell you that we should abandon what our forefathers worshipped and refrain from doing whatever we please with our own property? Indeed you are a tolerant and sensible man.’[9]

Al-Razi (d.925CE) comments on this verse and mentions one of the opinions of the ‘ulema is that salah is a metaphor (كِنايَة  kiniya) for the deen.

المُرادُ مِنهُ الدِّينُ والإيمانُ؛ لِأنَّ الصَّلاةَ أظْهَرُ شِعارِ الدِّينِ، فَجَعَلُوا ذِكْرَ الصَّلاةِ كِنايَةً عَنِ الدِّينِ

“What is meant by it [salah] is deen and iman, because prayer is the most obvious symbol of the deen, so they made the mention of prayer a metaphor for the deen.”[10]

This is based on the hadith of the Prophet ﷺ where he said, الصلاة عمود الدين “Prayer is the pillar of the deen.”[11] In another narration, أْسُ الأَمْرِ الإِسْلاَمُ وَعَمُودُهُ الصَّلاَةُ وَذِرْوَةُ سَنَامِهِ الْجِهَادُ “The head of the matter is Islam, and its pillar is the prayer, and its peak is Jihad.”[12]

Abdullah ibn Mas’ud narrates that, when the Messenger of Allah ﷺ died, the people of the Ansar said, “Let there be two rulers: one that will be chosen from among us (the Ansar), and one that will be chosen from among you (i.e., from among the Muhajirun).” Umar went to them and said, “O people of the Ansar, don’t you know that the Messenger of Allah ﷺ ordered Abu Bakr to lead the people in prayer. So which one of you would be pleased with himself if he were to be placed ahead of Abu Bakr (in ranking or status)?” The people of the Ansar responded, “We seek refuge from being placed ahead of Abu Bakr.”[13] Umar used Abu Bakr’s imamate of salah as an argument in favour of him becoming the Imam of the Islamic State i.e. the caliph.

Centralisation vs Decentralisation

The sharia permits both types of governors to be appointed – one with general powers i.e. decentralised and one with restricted powers. Determining which type to appoint is a balancing act dependent on the reality of the time, and falls under the general remit of Islamic politics (siyasa sharia). There are pros and cons for both, and it all depends on the size and location of any country which decides to transform itself into a caliphate. As general rule, within the current nation-state borders of this future state, a centralised, unitary model of governance would be implemented with limited devolved powers to the provinces. In other words, the appointment or election of a Wali Khass.

In the countries which decide to join a union with this country under the general banner of a caliphate, then a more decentralised, devolved or even federal model would be more appropriate. In other words, the appointment or election of a Wali ‘Amm and even leaving the current rulers in place if the people agreed to that. Muhammad Haikal says, “it is a duty upon the rest of the Islamic regions, once the validity of the Bay’ah of contract of the caliph has been realised, to present the Bay’ah of obedience to him and to join the caliphate state as Wilayat (provinces) of it. As for the people in authority (i.e. the existing rulers) in those lands and regions, then they will remain in their positions as long as they fulfil what is required for them to be able to maintain them. That is like what the Messenger of Allah ﷺ used to do in respect to the people in authority in those regions which were joined to the Islamic state, in the case where the maslahah (benefit) dictated that.”[128]

In some cases, such as the relationship with Iran, an even looser confederation or commonwealth would be required since Iran would never formerly join any type of centralised caliphate.

Notes

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[1] Abu l-Hasan al-Mawardi, The Laws of Islamic Governance, translation of Al-Ahkam as-Sultaniyah, Ta Ha Publishers, p.48;  https://shamela.ws/book/22881/57

[2] The army was always under the authority of the caliph as commander-in-chief in the unitary state. In the confederation model (post mid-10^th century CE) then the Amirs and Sultans were the commander-in-chiefs of their respective emirates and sultanates.

[3] Al-Mawardi, Op.cit., p.48;  https://shamela.ws/book/22881/57

[4] Al-Mawardi, Op.cit., p.51

[5] Without control of the funds and military

[6] Al-Mawardi refers to this post as an Amir ul-Jihad

[7] Muhammad ibn Yusuf al-Kindi, Kitab Al-Wulah wa Kitab Al-Qudah (The Book of Governors and the Book of Judges), https://shamela.ws/book/12831/1

[8] Abu Ja`far Muhammad b. Jarir al-Tabari, ‘The History of Al-Tabari’, translation of Ta’rikh al-rusul wa’l-muluk, State University of New York Press, Vol. 20, p.186 https://shamela.ws/book/9783/3090

[9] Holy Qur’an, Surah Hud, ayah 87

[10] Al-Razi, https://tafsir.app/alrazi/11/87

[11] There is ikhtilaf (difference of opinion) on the isnad (chain) here but its meaning matches other ahadith. A full explanation of all the chains can be read here: https://alsunniah.com/book/22157/1#page=32

[12] Jami’ at-Tirmidhi 2616, https://sunnah.com/tirmidhi:2616

[13] Al-Hakim, Al-Mustadrak, 3/67

For most of Islamic history the Caliphate was a decentralised confederation, with executive power held by the various Islamic emirates and sultanates who recognised the caliph through a nominal bay’ah.

Al-Radhi (r.934-940CE) was the last independent Abbasid caliph after the rise of the Buwahids (Buyids) in 934CE, and the establishment of their emirate over Iraq, and central and southern Iran. This reduced the caliph’s executive power to the Dar ul-Khilafah which was a section of Baghdad that housed the Caliphal palace. Al-Khatib (d. 463H,1071CE) mentions that Al-Radhi was “the last of the Caliphs who undertook the sole direction of the army and the finances.”[1] After Al-Radhi, his brother Al-Muttaqi (r.940-944CE) became the caliph and Al-Suyuti says about him that “He had nothing of authority but the name.”[2]

Dr. Ovamir Anjum says, “This third model (940-1517CE) has been called classical Islamic constitutionalism.[3] It is important because, with the exception of the first couple of centuries, it is what the caliphate has actually looked like throughout most of Islamic history.”[4]

Time period	Dates	Length
Rightly Guided Caliphate	11-41H / 632-661	30 years
Umayyads, Abbasids until Al-Radi	41-239H / 661-940	288 years
Abbasids – Al‐Radi onwards	329-923H / 940-1517	600 years
Ottomans	923-1326H / 1517-1908	403 years
20th Century Ottomans (Young Turks)	1326-1342H / 1908-1924	16 years

Time period	Features
Rightly Guided Caliphate	Religious and political authorities were not systematically distinguished
Umayyads, Abbasids until Al-Radi	The caliphate became a primarily political office, and religious authority gradually came to be shared between the caliph and the scholars (ʿulamāʾ).   The caliph’s powers had never been absolute in practice, but the ʿulamāʾ began to theorize such limits and functions starting in the fourth/tenth century.
Abbasids – Al‐Radi onwards	The caliph was primarily a symbolic and spiritual authority; the actual rulers of various provinces were often local governors or invading military commanders who, lacking inherent legitimacy, paid homage to the caliph.   These societies were largely self-governed by the Law of Islam as administered by local rulers and scholars. The kings or sultans served as ‘butlers’ or, more grandiosely, as the executive branch, who were important for defense and upkeep of the Law but nevertheless disposable.   This third model has been called “classical Islamic constitutionalism”. With the exception of the first couple of centuries, it is what the caliphate has actually looked like throughout most of Islamic history.
Ottomans	The Ottoman sultans (who took on the title “caliph” after defeating the Mamluks in Cairo), upheld the Shariʿa Law that was expounded and administered by the scholars as muftis and judges.   The caliph-sultan’s powers, therefore, were limited. We have cases of sultans who were deposed because of the verdict of the chief qadi (judge).
20th Century Ottomans (Young Turks)	Western style constitutional caliphate

Notes

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[1] Jalal ad-Din as-Suyuti, ‘History of the Caliphs,’ a translation of Tarikh al-Khulufa’ by Major H. S. Jarrett, 1881, p.411

[2] Ibid, p.413

[3] Noah Feldman, ‘The Fall and Rise of the Islamic State,’ Princeton University Press, 2008, p.28

[4] https://yaqeeninstitute.org/read/paper/who-wants-the-caliphate

An Islamic society is not a one-party communist totalitarian society where differences and individuality are expunged. Human beings differ in their colours, languages, tastes, interests and intellectual capacity. In themselves these differences are not a problem unless they are used to cause dissent and division. Allah ta’ala clearly says in the Qur’an:

يَـٰٓأَيُّهَا ٱلنَّاسُ إِنَّا خَلَقْنَـٰكُم مِّن ذَكَرٍۢ وَأُنثَىٰ وَجَعَلْنَـٰكُمْ شُعُوبًۭا وَقَبَآئِلَ لِتَعَارَفُوٓا۟ ۚ إِنَّ أَكْرَمَكُمْ عِندَ ٱللَّهِ أَتْقَىٰكُمْ ۚ إِنَّ ٱللَّهَ عَلِيمٌ خَبِيرٌۭ

O humanity! Indeed, We created you from a male and a female, and made you into peoples (شُعُوب) and tribes (قَبائِل) so that you may ˹get to˺ know one another. Surely the most noble of you in the sight of Allah is the most righteous among you. Allah is truly All-Knowing, All-Aware.[1]

We need to distinguish between two Arabic words in relation to Islamic unity. They are Ikhtilaf (difference) and Iftiraq (division) which are both found in the Qur’an and Sunnah.

Allah ta’ala says,

وَلَا تَكُونُوا۟ كَٱلَّذِينَ تَفَرَّقُوا۟ وَٱخْتَلَفُوا۟ مِنۢ بَعْدِ مَا جَآءَهُمُ ٱلْبَيِّنَـٰتُ ۚ وَأُو۟لَـٰٓئِكَ لَهُمْ عَذَابٌ عَظِيمٌۭ

“And do not be like those who split (تَفَرَّقُوا) ˹into sects˺ and differed (اِخْتَلَفُوا) after clear proofs had come to them. It is they who will suffer a tremendous punishment.”[2]

Ibn Ashur (d.1973) comments on this splitting and division (الاِفْتِراق):

وفِيهِ إشارَةٌ إلى أنَّ الِاخْتِلافَ المَذْمُومَ والَّذِي يُؤَدِّي إلى الِافْتِراقِ، وهو الِاخْتِلافُ في أُصُولِ الدِّيانَةِ الَّذِي يُفْضِي إلى تَكْفِيرِ بَعْضِ الأُمَّةِ بَعْضًا، أوْ تَفْسِيقِهِ، دُونَ الِاخْتِلافِ في الفُرُوعِ المَبْنِيَّةِ عَلى اخْتِلافِ مَصالِحِ الأُمَّةِ في الأقْطارِ والأعْصارِ، وهو المُعَبِّرُ عَنْهُ بِالِاجْتِهادِ. ونَحْنُ إذا تَقَصَّيْنا تارِيخَ المَذاهِبِ الإسْلامِيَّةِ لا نَجِدُ افْتِراقًا نَشَأ بَيْنَ المُسْلِمِينَ إلّا عَنِ اخْتِلافٍ في العَقائِدِ والأُصُولِ، دُونَ الِاخْتِلافِ في الِاجْتِهادِ في فُرُوعِ الشَّرِيعَةِ.

“The reprehensible differences (الِاخْتِلاف) that leads to division (الاِفْتِراق) is the differences in the fundamentals of religion (usul ad-deen) that leads to some members of the ummah declaring others disbelievers (kafir) or transgressors (fasiq), unlike the differences in the branches (furu’) based on the differences in the interests of the ummah in different countries and eras, which is expressed by ijtihad. If we examine the history of Islamic Schools of Thought (madhāhib), we will not find any division that arose among Muslims except due to differences in ‘aqeeda and usul. We only find differences in ijtihad in the branches of Sharia.”[3]

The Prophet ﷺ said,

افْتَرَقَتِ الْيَهُودُ عَلَى إِحْدَى وَسَبْعِينَ فِرْقَةً فَوَاحِدَةٌ فِي الْجَنَّةِ وَسَبْعُونَ فِي النَّارِ وَافْتَرَقَتِ النَّصَارَى عَلَى ثِنْتَيْنِ وَسَبْعِينَ فِرْقَةً فَإِحْدَى وَسَبْعُونَ فِي النَّارِ وَوَاحِدَةٌ فِي الْجَنَّةِ وَالَّذِي نَفْسُ مُحَمَّدٍ بِيَدِهِ لَتَفْتَرِقَنَّ أُمَّتِي عَلَى ثَلاَثٍ وَسَبْعِينَ فِرْقَةً فَوَاحِدَةٌ فِي الْجَنَّةِ وَثِنْتَانِ وَسَبْعُونَ فِي النَّارِ ‏”‏ ‏.‏ قِيلَ يَا رَسُولَ اللَّهِ مَنْ هُمْ قَالَ ‏”‏ الْجَمَاعَةُ

“The Jews split (اِفْتَرَقَت) into seventy-one sects, one of which will be in Paradise and seventy in Hell. The Christians split into seventy-two sects, seventy-one of which will be in Hell and one in Paradise. I swear by the One Whose Hand is the soul of Muhammad, my nation will split into seventy-three sects, one of which will be in Paradise and seventy-two in Hell.” It was said: “O Messenger of Allah, who are they?” He said: “The main body of the ummah (الْجَمَاعَةُ).”[4]

The concept of division (الاِفْتِراق) in the Qur’an often has a negative connotation, referring to divisions, sects, or discord that leads to people straying from the straight path. While the root of the word can also mean “to separate” or “to divide” in a neutral sense (as in the word furqan, meaning criterion or distinction), when used in contexts of human society and religion, it usually implies a fragmentation that is discouraged by Allah. 

Ibn ‘Abbas said: “The Aws and the Khazraj had a feud in the pre-Islamic period. One day, they mentioned to each other what had happened in that period and this led them to brandish their swords at each other. Upon being informed of what was happening, the Messenger of Allah ﷺ went to them and these verses were revealed:

وَكَيْفَ تَكْفُرُونَ وَأَنتُمْ تُتْلَىٰ عَلَيْكُمْ ءَايَـٰتُ ٱللَّهِ وَفِيكُمْ رَسُولُهُۥ ۗ وَمَن يَعْتَصِم بِٱللَّهِ فَقَدْ هُدِىَ إِلَىٰ صِرَٰطٍۢ مُّسْتَقِيمٍۢ

يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ ٱتَّقُوا۟ ٱللَّهَ حَقَّ تُقَاتِهِۦ وَلَا تَمُوتُنَّ إِلَّا وَأَنتُم مُّسْلِمُونَ

وَٱعْتَصِمُوا۟ بِحَبْلِ ٱللَّهِ جَمِيعًۭا وَلَا تَفَرَّقُوا۟ ۚ وَٱذْكُرُوا۟ نِعْمَتَ ٱللَّهِ عَلَيْكُمْ إِذْ كُنتُمْ أَعْدَآءًۭ فَأَلَّفَ بَيْنَ قُلُوبِكُمْ فَأَصْبَحْتُم بِنِعْمَتِهِۦٓ إِخْوَٰنًۭا وَكُنتُمْ عَلَىٰ شَفَا حُفْرَةٍۢ مِّنَ ٱلنَّارِ فَأَنقَذَكُم مِّنْهَا ۗ كَذَٰلِكَ يُبَيِّنُ ٱللَّهُ لَكُمْ ءَايَـٰتِهِۦ لَعَلَّكُمْ تَهْتَدُونَ

How can you disbelieve when Allah’s revelations are recited to you and His Messenger is in your midst? Whoever holds firmly to Allah is surely guided to the Straight Path.

O believers! Be mindful of Allah in the way He deserves, and do not die except in ˹a state of full˺ submission ˹to Him˺.

And hold firmly together to the rope of Allah and do not be divided. Remember Allah’s favour upon you when you were enemies, then He united your hearts, so you—by His grace—became brothers. And you were at the brink of a fiery pit and He saved you from it. This is how Allah makes His revelations clear to you, so that you may be ˹rightly˺ guided.[5][6]

While Allah severely condemns this division which nearly led to fighting, they were not reprimanded for remaining in their respective tribes and clans. In fact the Aws and the Khazraj would compete with each other in the good deeds based on the command: فَٱسْتَبِقُوا۟ ٱلْخَيْرَٰتِ “So compete with one another in doing good.”[7]

Ibn Ishaq narrates, “Among the things that Allah did for His Messenger ﷺ was that these two tribes of the Ansar, the Aws and the Khazraj, would compete with the Messenger of Allah ﷺ like two stallions competing. The Aws would not do anything that would please the Messenger of Allah ﷺ except that the Khazraj would say: ‘By Allah, you will not lose any advantage over us by doing this in the eyes of the Messenger of Allah ﷺ and in Islam.’  He said: So they would not stop until they had done something similar. Whenever the Khazraj did something, the Aws would say the same.”[8]

Differences (الِاخْتِلاف) is a general term and in Islamic fiqh has a positive connotation meaning the legitimate differences of opinion that emerge among the ‘ulema when extracting Islamic rules through ijtihad as Ibn Ashur mentioned above.

Therefore, different provinces and states in an Islamic State are all fine, but division, fitna, separation and civil war are all unacceptable red-lines in the sharia. The Ummah must remain unified upon the Islamic ‘aqeeda and the agreed upon principles emanating from it. Al-Mawardi lists 10 duties and responsibilities on the caliph the first of which is:

  حِفْظُ الدِّينِ عَلَى أُصُولِهِ الْمُسْتَقِرَّةِ، وَمَا أَجْمَعَ عَلَيْهِ سَلَفُ الْأُمَّةِ

“Preserving the deen on its established principles (‘usul) and what the predecessors (salaf) of the ummah have consented upon (‘ijma).”[9]

Notes

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[1] Holy Qur’an, Surah Al-Hujurat, ayah 13

[2] Holy Qur’an, Surah Al-i-Iman, ayah 105

[3] https://tafsir.app/ibn-aashoor/3/104

[4] Sunan Ibn Majah 3992, https://sunnah.com/ibnmajah:3992

[5] Holy Qur’an, Surah Ali-‘Imran, ayaat 101-103

[6] Asbāb al-Nuzūl By: Alī ibn Ahmad al-Wāhidī translated by Mokrane Guezzou, 2008 Royal Aal al-Bayt Institute for Islamic Thought, p.39

[7] Holy Qur’an, Surah al-Baqara, ayah 148

[8] Ibn Hisham, https://shamela.ws/book/23833/1010

[9] Al-Mawardi, Al-Ahkam as-Sultaniyah, https://shamela.ws/book/22881/35