This is an excerpt from Ibn Taymiyyah’s as-Siyasah ash-Shari’ah fi Islah ar-Ra’i war-Ra’iyah. It should be known that the exercise of authority[1] (for the benefit) of the people is (one) of the greatest religious duties. Neither deen nor world order may be established without it. The children of Adam cannot ensure the realization of their (common) interest except by meeting together, because every one of them is in need of every other one, and when they meet together, it is inevitable for them to have a head (rais رَأْس), so the Prophet ﷺ said: إِذَا خَرَجَ ثَلاَثَةٌ فِي سَفَرٍ فَلْيُؤَمِّرُوا أَحَدَهُمْ “If three of them were on a journey, they should choose one of them as Amir (leader).”[2] Imam Ahmad has related in his Musnad on the authority of ‘Abdullah Ibn Amr that the Prophet ﷺ has said: لَا يَحِلُّ لِثَلَاثَةٍ يَكُونُونَ بِفَلَاةٍ مِنْ الْأَرْضِ إلَّا أَمَّرُوا عَلَيْهِمْ أَحَدَهُم “If three (of you) are in a desolate tract of land, one of you must be the Amir.” The Prophet ﷺ has thereby enjoined that even …

إن الله يزع بالسلطان ما لا يزع بالقرآن Allah prevents by the authority (sultan) what He does not prevent by the Qur’an Sheikh Bin Baz answers this question: “This is a well-known narration on the authority of Uthman (ra) and it is proven on the authority of Uthman bin Affan, the third rightly-guided caliph (ra). It is also narrated on the authority of Umar (ra)…It means, Allah ta’ala prevents the committing of forbidden acts through the authority (sultan), more than what He prohibits by the Qur’an. Since some people are weak in faith (iman), the Qur’an’s prohibitions do not affect them. Rather, they resort to forbidden things and do not care. However, when they learn that there is a punishment from the authority, they become deterred and fear the authority’s punishment. The meaning of Allah punishes through the authority is that the authority’s punishments, punish some criminals more than what Allah punishes them through the Qur’an. Due to the weakness of their faith and their lack of fear of Allah ta’ala they fear the Sultan …

Al-Kifāyah الكِفايَة (competency or capability) is a condition (shart) of the bay’ah[1] because “Imamate is prescribed to succeed prophethood as a means of protecting the deen and of managing the affairs of this world,”[2] and the one contracted with this great responsibility must be capable of fulfilling the task. Although kifāyah is a general term which may apply to many areas of competency, in the context of the bay’ah, and as a condition of the Khaleefah, the scholars such as al-Mawardi, al-Ghazali and al-Juwayni all mentioned it in terms of capability to rule i.e. having a ruling mentality and disposition, and free from any disability which may affect his ability to fulfil the task of discharging people’s affairs. Other conditions related to kifāyah such as sanity, being free, mujtahid and brave were mentioned as separate conditions and pillars[3], even though they are all linked to the reality of the Khaleefah’s ability to run the state. Mona Hassan says, “The caliph’s ability to actually do so, termed kifāyah, is all that remains after al-Juwaynī’s process of …

Shehu Uthman Dan Fodio, (1754-1817) is the founder of the Sokoto Sultanate[1] which was established in 1804 in West Africa. This is an extract from his book Usul al-‘Adl ‘The Foundations of Justice for Legal Guardians, Governors, Princes, Meritorious Rulers, and Kings.’ Notes [1] The Sokoto Sultanate is also referred to as the Sokoto Caliphate, but since the Ottoman Caliphate was in existence and it’s prohibited to have more than one Caliph, Sultanate is a more appropriate term for the reality of this state, even if the term Caliphate was used. [2] Sahih Muslim 1826, https://sunnah.com/muslim:1826 [3] Holy Qur’an, Surah Al-i-‘Imran, ayah 159 [4] Sahih Muslim 1828a, https://sunnah.com/muslim:1828a [5] Sunan Abi Dawud 2948, https://sunnah.com/abudawud:2948 [6] Aisha Abdurrahman Bewley, ‘Democratic Tyranny and the Islamic Paradigm,’ Diwan Press, 1st edition, 2018, Kindle Edition, p.85

The term حُكْم (hukm) and its derivatives appear more than 250 times[1] in the Qur’an. Allah (Most High) says, إِنَّ ٱللَّهَ يَأْمُرُكُمْ أَن تُؤَدُّوا۟ ٱلْأَمَـٰنَـٰتِ إِلَىٰٓ أَهْلِهَا وَإِذَا حَكَمْتُم بَيْنَ ٱلنَّاسِ أَن تَحْكُمُوا۟ بِٱلْعَدْلِ Allah commands you to return to their owners the things you hold on trust and, when you judge between people, to judge with justice.[2] يَـٰدَاوُۥدُ إِنَّا جَعَلْنَـٰكَ خَلِيفَةًۭ فِى ٱلْأَرْضِ فَٱحْكُم بَيْنَ ٱلنَّاسِ بِٱلْحَقِّ وَلَا تَتَّبِعِ ٱلْهَوَىٰ فَيُضِلَّكَ عَن سَبِيلِ ٱللَّهِ Oh Dawud! We have made you a khaleefah on the earth, so judge between people with truth and do not follow your own desires, letting them misguide you from the Way of Allah.[3] وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الْكَافِرُونَ “Those who do not judge by what Allah has sent down, such people are disbelievers (kafirun).”[4] In most English translations as you can see, hukm is translated as judgement because the Arabic dictionary definition of hukm includes القَضاء (al-qadaa’) which means to issue a decree or judge. In Lisan al-Arab (1290CE):  والحُكْمُ: العِلْمُ وَالْفِقْهُ وَالْقَضَاءُ بِالْعَدْلِ، وَهُوَ مَصْدَرُ …

The Khilafah (Caliphate) is an ideological Islamic State where the Islamic ‘aqeeda (belief) is the basis of the state, its institutions, systems and societal relationships. There is no separation between religion and politics in Islam as we find in the west. The Khilafah’s strength depends directly on the strength of the ideology within the state. This means those in ruling positions must be people who will work to protect, implement and propagate the deen of Islam, so the state becomes a beacon of high values, and a leading nation in the world. Only someone who believes in the ideology of the state i.e. Islam could do this, which means those in ruling positions must be Muslim. The Islamic State is no different to any ideological state within the world today. America or Western Europe for example would never accept a Muslim or Communist as President or Prime Minister. The fact that former US President Barack Obama had to repeatedly deny he is a secret Muslim is clear evidence of this. Muhammad Asad says, “One cannot …

The bay’ah is a contract, and so has pillars (arkaan) and conditions (shuroot) like any other Islamic contract. The bay’ah can be described as either saheeh (valid), baatil (invalid) or faasid (defective). Pillars and conditions of the bay’ah contract A summary of the pillars and conditions of the bay’ah contract is below. Section   Pillar (rukn) Condition (shart) Contracting Party – Khaleefah Muslim Free (hurr)Sane (‘aqil)Mature (baligh) Male Just (‘adl)Capable (kifayah) Contracting Party – Muslim Ummah Muslim Mature (baligh)   Offer by Muslim Ummah   Consent (muradah) Choice (ikhtiyar) Acceptance by Khaleefah   Consent (muradah)   Subject Matter Ruling by IslamOne KhaleefahAuthoritySecurityObedience Executive Powers (salaahiyat) Contracting Party – Khaleefah Starting with the Khaleefah, while there is consensus (‘ijma) among the scholars on the pillars (arkan) that someone must possess to take up the post of Khaleefah, there are differences of opinion (ikhtilaaf), on some of the other conditions (shuroot) such as being from Quraysh, a mujtahid (able to perform ijtihad) and brave. The contractual conditions of the Khaleefah must have a shar’a daleel (divine evidence) …

The Caliphate is divided up administratively to aid the Caliph in the task of ruling. The territories which the Islamic State rules over are divided into provinces where each province is known as a wiliyah or imarah and ruled over by a governor (wali) or Emir respectively. These provinces are further sub-divided down to the local level as we find in all countries of the world today. For the citizens of the Caliphate, their first point of contact with the leadership of the state is their local leader who is managing people’s day to day affairs on a local level. If this leader is oppressive then this affects people’s daily lives more than any other government official including the Caliph. It is therefore of paramount importance for the Caliph to be fully aware of what is happening in all the various provinces of the Caliphate, and he will appoint government officials from his executive office to monitor them. This office of Sahib ul-Ummal was first held by Muhammad ibn Maslamah under the Caliphate of Umar ibn …

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.