This article is based on an excerpt from the book Al-Hakimiyah Wa Siyadah Ash-Shar’i, by Professor Muḥammad al-Mass’ari produced by the Renascence Foundation. It has become widespread among the masses[1] that the state is permitted to “Prevent and compel in the mubah” (المَنْع وَ الإِلْزام بِالمُباح), due to what some have called the public benefit (al-maslaha al-‘aamah). This understanding is based upon the premise that the shar’a has provided the legally responsible person (mukallaf) with a choice in performing or not performing the mubah. An erroneous view has arisen from this belief, which is the prohibition (tahreem) of what Allah and His Messenger have made halal, and obliging that which Allah ta’ala did not make obligatory, by compelling the subjects, and punishing them for their violations, without any clear shar’i restriction, or permission of Al-Shaari’ (the legislator) to do that. Allah ta’ala has rebuked the one who makes haram what He has made halal with the greatest rebuke, and has named the one who has done that from a legislative perspective as a mushrik. Allah …

This is based on an excerpt from the book Questions on Kingship, by Professor Muḥammad al-Mas’ari produced by the Renascence Foundation. It seems that Allah mentions kings and kingship in the Qur’an in a positive way, saying they are a ni’mah (blessing) or a divine favour. For example, Allah says, وَإِذْ قَالَ مُوسَىٰ لِقَوْمِهِۦ يَـٰقَوْمِ ٱذْكُرُوا۟ نِعْمَةَ ٱللَّهِ عَلَيْكُمْ إِذْ جَعَلَ فِيكُمْ أَنۢبِيَآءَ وَجَعَلَكُم مُّلُوكًۭا وَءَاتَىٰكُم مَّا لَمْ يُؤْتِ أَحَدًۭا مِّنَ ٱلْعَـٰلَمِينَ And ˹remember˺ when Moses said to his people, “O my people! Remember Allah’s favours upon you when He raised prophets from among you, made you kings and gave you what He had never given anyone in the world.”[1] Does this mean Islam has approved of kingship and monarchy as some modern jurists have said, and hence the Caliphate could be considered a monarchical form of government? Sheikh al-Mas’ari says, It may be of assistance to begin the answer to this question with reference to the meaning of the words مُلْك mulk, مَلِك malik and مُلُوك muluk. Broadly speaking, the first meaning (mulk) relates …

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 …

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 …

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 …

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