The Islamic ruling system is underpinned by a number of principles (القَواعِد) which are derived from the Qur’an and Sunnah. These principles will map to one or more formal institutions (أَجْهِزَة) within the state which are necessary to meet the demands of a society in a specific time and place. Israr Ahmed (d.2010) says, “Since we cannot recreate as such the Islamic Order as it functioned during the age of the Rightly Guided Caliphate, we must adopt the following principle: we should take the principles and ideals from the model of the Prophet Muhammad ﷺ and the Rightly Guided Caliphs (RAA), and then incorporate these principles and ideals in the political institutions that have been developed in the contemporary civilized world as a result of the process of social evolution.”[1] What is the Wiliyat Al-Mazalim? One of the principles of the Islamic ruling system is “Removing Maẓālim” (plural: مَظالِم singular: مَظْلِمَة) which literally means removing oppression but in its istilahiyya (technical) meaning refers to removal of state oppression. The principle is shortened in the literature …

This is an excerpt from the book ‘Citizenship and Accountability of Government: An Islamic Perspective’ by Mohammad Hashim Kamali. The maẓālim jurisdiction, which has already been discussed to some extent, originated in the notion that the principle of the rule of law can be compromised if the judges themselves, princes, ministers and powerful members of the community tried to circumvent the law, or violate and defy it for their selfish ends, in which case the Shari’ah courts may be powerless to bring them and their departments to book and enforce the court decisions on them. The need was therefore felt for the creation of a powerful jurisdiction that could apply more expedient procedures in the interest of accountability in government, especially with regard to disputes arising between the citizen and state. One of the basic objectives of the maẓālim jurisdiction was to subjugate the government itself to the rule of law and ensure that state organisations and men of authority and influence did not compromise the objectivity of justice and accountability in governance. Al-Rifa’i has …

Introduction The Caliphate has an independent supreme court called the Court of Unjust Acts (Mahkamat ul-Mazalim) also known as the Diwan al-Maẓālim. It is presided over by the most eminent and qualified judges in the state and granted extensive judicial powers and some executive powers by the shari’a. It has the power to investigate any official in the state regardless of their role or rank including the Caliph himself. If the only way to remove the mazlama (injustice or wrongdoing) is through removal of the official or ruler, then the Mazalim Court can issue a fatwa of impeachment against that officer of the state. What follows is an excerpt from Abu l-Hasan al-Mawardi’s famous work Al-Ahkam as-Sultaniyah (The Laws of Islamic Governance), which became the de facto guide on how to run an Islamic government and was referred to by the ulema and rulers of the Abbasid caliphate, Sejjuk Sultanate and future sultanates and emirates including the Ottoman Caliphate. The Courtroom Al-Mawardi says, “When the person charged with investigating cases of wrongdoing (Mazalim judge) takes …

This article is based on an excerpt from the book مُحاسَبَة الحُكّام ‘Accounting the Rulers’ by Prof. Dr. Muhammad bin Abdullah Al-Masari.[1] Sheikh Al-Massari says, “This chapter contains a collection of blessed authentic hadiths that strictly prohibit torture, beatings, slapping the face, and even mere intimidation. These hadiths establish conclusive evidence against the injustice of the current rulers who continue to torture, oppress and harass their people. We will present each narration in turn without discussing their authenticity at length, as the scholars have already undertaken this great task. Most of the hadiths were compiled by Al-Bukhari in “Al-Jami’ Al-Sahih Al-Mukhtasar” or in “Al-Adab Al-Mufrad”, and Al-Albani judged them to be authentic (saheeh) and good (hasan) in his book Sahih Al-Adab Al-Mufrad by Imam Al-Bukhari.” Contents Your blood, your wealth, your honor and your bodies are sacred عَنْ أَبِي بَكْرَةَ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم خَطَبَ النَّاسَ فَقَالَ ‏”‏ أَلاَ تَدْرُونَ أَىُّ يَوْمٍ هَذَا ‏”‏‏.‏ قَالُوا اللَّهُ وَرَسُولُهُ أَعْلَمُ‏.‏ قَالَ حَتَّى ظَنَنَّا أَنَّهُ سَيُسَمِّيهِ بِغَيْرِ اسْمِهِ‏.‏ فَقَالَ ‏”‏ أَلَيْسَ بِيَوْمِ النَّحْرِ ‏”‏‏.‏ قُلْنَا …