These are extracts from the book “Accountability in the Caliphate” by AK Newell. It should be noted that the Caliphate is an ideological Islamic State. This means all elements of the state work towards achieving Islamic objectives not material objectives. Before any of the state accountability mechanisms take effect the Caliph is restrained by his Islamic belief and taqwa. Secular democracy emanates from the belief that religion should be kept separate from politics. The ruler in a democratic system is therefore not restrained from tyranny by fearing God or divine accountability. With this fundamental aspect of accountability missing i.e. consciousness of God (taqwa) the ruler in a democratic system is prone to tyranny if he isn’t restrained by the mechanisms of government.
There is no concept in the Caliphate of a ‘pardon’ for crimes committed and where a sentence has been passed as exists in the west. The US constitution allows the President to Pardon all crimes except impeachment.
Sheikh Abu Iyas Mahmoud bin Abdul Latif al-Uweida from Jordan answers this question. He says, There are no clerics in Islam like those found in Judaism and Christianity. Every Muslim is commanded to carry the call of Islam, spread it, guard it, and abide by its rules. The ulema (scholars) and fuquhaa (jurists) are only there to teach people about Islam. They have no religious powers like those of the Jewish and Christian clergy, such as accepting the repentance of penitents, granting forgiveness, baptizing followers, legislating, and so on.
Sheikh Abu Iyas Mahmoud bin Abdul Latif al-Uweida from Jordan answers this question, in relation to a question put to him about employing a foreign Christian live-in maid. He says,
BY ABU YUSUF الٓمٓ غُلِبَتِ ٱلرُّومُ “Alif Lam Mim. The Romans have been defeated” (Ar-Rum, 30:1-2) Most commentators of the Qur’an when explaining this verse mention that the Muslims were hoping for the Romans to be victorious over the Persians, because the Romans were people of the Book whereas the Persians were mushrikeen like Quraish.
The bay’a (pledge of allegiance) is a ruling contract that governs the relationship between the Muslims and the head of the Islamic State. This is shown in the sunnah where the Messenger of Allah ﷺ took bay’a on ruling not belief because bay’a was only taken from mature Muslims.
George Hourani, a maritime historian who has researched the early Muslim navy discusses “the problem of the earliest Arab ventures on the Mediterranean: how could they be successfully carried out in such a surprisingly short time?
DR MUHAMMAD KHAIR HAIKAL This is an extract from his PhD thesis ‘Al-Jihad wa’l Qital fi as-Siyasa ash-Shar’iyya’ It appears that this stage, the stage of manifestation and open declaration, in accordance to the understanding that we have explained, did not take place in one go, even if this gradual transition came to its climax when ‘Umar Ibn Al-Khattaab declared, after having been in the trench of the Kuffaar, with a certain heart and mind, that he had moved into another trench of the battle, transforming what he had carried in respect to this Da’wah in terms of a storm of hatred and violent vigour, transforming that all to the opposing side, to become the strongest of believers in backbone and firmness and most challenging in the face of the disbelievers.
DR MUHAMMAD KHAIR HAIKAL This is an extract from his PhD thesis ‘Al-Jihad wa’l Qital fi as-Siyasa ash-Shar’iyya’ We are already aware that the meeting of the Messenger ﷺ with the Aws and the Khazraj only took place within the context of the search for the Nusrah (support) that he had been seeking from the leaders of the Arab tribes and those of a position of honour, nobility and leadership amongst them.
The names of those Ansar who gave bay’ah at the second pledge of al-Aqaba are etched in history as the first to support the Messenger of Allah ﷺ and pledge allegiance to him as the leader of the first Islamic State, an event which marks the beginning of the Hijri calendar in Islam.