All posts filed under: Ruling

Al-Mawardi’s six principles of reforming society

This is an excerpt from the book Adab al-Dunya wa al-Din (The Ethics of Religion and of this World) by the famous jurist, chief justice and statesmen of the Abbasid Khilafah Abu al-Hasan al-Mawardi (972-1058CE). Al-Mawardi says, “Know that there are six principles by which the world is reformed (islah), so that its affairs become organised and well managed. They are: The First Principle – followed religion This is a religion (deen) that enjoys the people’s adherence because it disinclines the hearts from following their low passions. It exerts a powerful influence on people’s inner thoughts, and watches over their hearts when they are all alone and counsels them during difficult rimes. This is not possible without a religion (that enjoys adherence). People cannot enjoy wellbeing except with a religion that they can comply with. Religion is the strongest principle for the wellbeing of the world, and one of the most beneficial elements that contribute to functioning order and security in the world. Therefore, Allah did not deprive the human beings since He created them …

The prohibition of torture, coercion and intimidation in Islam

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

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 …

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

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. …

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

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 …

Conditions of the Caliph: The Caliph must be capable of ruling

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 …

The 10 principles of justice by Shehu Uthman Dan Fodio

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

Uthman bin Affan’s bay’a: Binding the Caliph to a constitution

The bay’a is a contract and so it’s permitted to add additional conditions to the contract, as long as these conditions do not contradict the sharia. If the khaleefah agrees to these conditions then he cannot break them without agreement from those who contracted the bay’a to him from the Ahlul hali wal-aqd (people’s electoral representatives) on behalf of the ummah. Allah (Most High) says,يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ أَوْفُوا۟ بِٱلْعُقُودِ “O you who believe, fulfil your contracts.”[1]

Does حُكْم (hukm) mean judging or ruling or both?

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 …

Conditions of the Caliph: Why only a Muslim Caliph?

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 …