All posts filed under: Caliphate

The Diwan al-Maẓālim (Court of Grievances) by Hashim Kamali

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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 …

The Jurisdiction of the Mazalim Court

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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 …

The prohibition of torture, coercion and intimidation in Islam

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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 …

The Necessity of Authority by Ibn Taymiyyah

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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 …

The protection granted by one Muslim is binding on everyone in the state

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This is an extract from the book Al-Jihad wa’l Qital fi as-Siyasa ash-Shar’iyya by Sheikh Muhammad Khayr Haykal, chapter ‘The Mu’aahadaat (treaties) and Al-Amaan (the security)’ The Messenger of Allah ﷺ said, وَذِمَّةُ الْمُسْلِمِينَ وَاحِدَةٌ يَسْعَى بِهَا أَدْنَاهُمْ فَمَنْ أَخْفَرَ مُسْلِمًا فَعَلَيْهِ لَعْنَةُ اللَّهِ وَالْمَلاَئِكَةِ وَالنَّاسِ أَجْمَعِينَ لاَ يُقْبَلُ مِنْهُ يَوْمَ الْقِيَامَةِ عَدْلٌ وَلاَ صَرْفٌ “The protection granted by Muslims is one and must be respected by the humblest of them. And he who broke the covenant made by a Muslim, there is a curse of Allah, of his angels, and of the whole people upon him, and neither an obligatory act nor a supererogatory act would be accepted from him as recompense on the Day of Resurrection.”[1] Concerning this Hadeeth, the following came stated in Fath ul-Baari: “The Dhimmah of the Muslims is one: It means: Their Amaan (security) is Saheeh (valid). Therefore, if one of them provides Amaan (security) to a Kaafir (disbeliever) it is Haraam upon anyone else to infringe upon him.”[2] Based upon this, when Umm Haani’[3] may Allah be pleased …

What happened when Khalid ibn al-Walid broke the laws of war with Banu Jadheemah?

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A controversial expedition took place after the conquest of Makkah, when Khalid ibn al-Walid was sent on a mission to Banu Jadheemah (بنو جذيمة) to call them to Islam. When the Messenger of Allah ﷺ was informed of the events that unfolded there, he ﷺ became angry, raised his hands towards the sky, and said, اللَّهُمَّ إِنِّي أَبْرَأُ إِلَيْكَ مِمَّا صَنَعَ خَالِدٌ “O Allah, I do indeed absolve myself of what Khaalid did!”[1] It should be kept in mind when analysing this event, that Khalid was a new Muslim who had only converted to Islam a few months prior to the conquest of Makkah. It’s also important to note that the companions are human beings who can sin and make mistakes, which is why their human struggles and how they overcame them, make them an excellent example for us to follow. The Messenger of Allah ﷺ said: أَصْحَابِي كَالنُّجُومِ بِأَيِّهِمْ اقْتَدَيْتُمْ اهْتَدَيْتُمْ “My companions are like stars, whichever of them you use as a guide, you will be rightly guided.”[2] The Islamic State is not …

Liberation of Jerusalem: Salahudeen’s mercy towards the Crusaders

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Salahudin Ayubi liberated Jerusalem (Al-Quds) on Friday 27 Rajab 583 AH/12 October 1187 CE after Lord Balian of Ibelin, the crusader commander in charge of Jerusalem, surrendered the city. This marked an end to nearly 100 years of crusader occupation and the liberation of Masjid Al-Aqsa. When the crusaders first entered Jerusalem in 1099, they massacred the Muslim and Jewish inhabitants, yet Salahudin on retaking the city never enacted revenge on them for this, nor the subsequent atrocities they had committed over the past century. He followed in the footsteps of the Prophet Muhammad ﷺ who on entering Makkah did not enact revenge on Quraish who had persecuted him and the Muslims for over 20 years. This was the because the character of the Prophet ﷺ was the Qur’an.[1] Allah ta’ala says, يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ كُونُوا۟ قَوَّٰمِينَ لِلَّهِ شُهَدَآءَ بِٱلْقِسْطِ ۖ وَلَا يَجْرِمَنَّكُمْ شَنَـَٔانُ قَوْمٍ عَلَىٰٓ أَلَّا تَعْدِلُوا۟ ۚ ٱعْدِلُوا۟ هُوَ أَقْرَبُ لِلتَّقْوَىٰ ۖ وَٱتَّقُوا۟ ٱللَّهَ ۚ إِنَّ ٱللَّهَ خَبِيرٌۢ بِمَا تَعْمَلُونَ O believers! Stand firm for Allah and bear true testimony. Do not let …

A Poem on Muslim Unity by Sheikh Ibrahim an-Ni’mah

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Sheikh Ibrahim an-Ni’mah was born in Mosul, Iraq, in 1361H/1942CE. His family lineage is related to the scholar Abdul Rahman bin Al-Jawzi, who died in the year 597H, who is related in lineage to Abu Bakr Al-Siddiq, the companion of the Messenger of Allah ﷺ. This poem is taken from his book, al-Wahdah al-Islamiyah bayna al-Ams wal Yawm (Islamic Unity between Yesterday and Today). لو اشتكى مسلٌم في الصين أرّقني … أو اشتكى مسلم في الهند أبكاني فمصر ريحانتي والشام نرجستي … وفي الجزيرة تاريخي وعنواني وفي العراق أكف المجد ترفعني … عن كل باغ ومأفون وخّوان ويسكن المسجد الأقصى وقبته … في القلب لا شك أرعاه ويرعاني أرى بخارى بلادي وهي نائية … وأستريح إلى ذكرى خراسان شريعة الله لمت شملنا وبنت … لنا مقاماً بإحسان وإيمان If a Muslim complains in China, a Muslim in India will feel pain and weep. Egypt is my sweet basil, Syria is my narcissus[1], and Arabia is my history and homeland. In Iraq I see my glorious past which makes me look down on every treacherous aggressor. …

Islamic Conquest of Damascus: Rule of law at the height of war

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ذِمَّةُ اَلْمُسْلِمِينَ وَاحِدَةٌ يَسْعَى ِبهَا أَدْنَاهُمْ “The protection granted by one Muslim is like one given by them all, and this right is extended to the humblest of them.”[1] The Qur’anic character of the companions (sahaba) and early Muslims lead to their extraordinary restraint in the height of war, something virtually unheard of in modern warfare. The ‘civilised’ west, with all their talk of the rule of law, human rights and the Geneva convention have perpetrated according to Dr Gideon Polya a “Post-9/11 Muslim Holocaust & Muslim Genocide” where 30 million Muslims have been killed in avoidable deaths due to western, or western backed military intervention. There is no clearer example of this than the horrific ongoing genocide in Gaza, which America and its allies are actively financing, arming and providing cover for at the United Nations with their right of veto. As Samuel Huntington said, “The West won the world not by the superiority of its ideas or values or religion (to which few members of other civilizations converted) but rather by its superiority …

What is the meaning of “Allah prevents by the authority (sultan) what He does not prevent by the Qur’an”? 

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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 …