All posts filed under: Ruling

Part 1: Bay’a in Islamic History – The Rightly Guided Khilafah

What is the bay’ah? The bay’ah (البيعة) is a ruling contract which governs the relationship between Muslims and the Islamic state. For those Muslims living under the authority of the Khilafah the bay’ah is their citizenship contract with the state. The word bay’ah in the Arabic language is derived from sale (البيع), but the sharia gave it a specific meaning which is the method of appointing a Khaleefah. This meaning is derived from the many ahadith such as the saying of the Messenger of Allah ﷺ: “Prophets ruled over the children of Israel, whenever a Prophet died another Prophet succeeded him, but there will be no Prophet after me. There will soon be Khulafa’ and they will number many.” They asked: ‘What then do you order us?’ He said: “Fulfil the bay’ah to them, one after the other and give them their dues for Allah will verily account them about what he entrusted them with.”[1] This sharia meaning is still in-line with the linguistic meaning of bay’ah because sale is a contract of offer and …

Abbasid Caliph Al-Mansur: Supervising the Districts of Baghdad

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 First Attempt at Entering the Interaction Stage in Makkah

DR MUHAMMAD KHAIR HAIKAL This is an extract from his PhD thesis ‘Al-Jihad wa’l Qital fi as-Siyasa ash-Shar’iyya’ It appears that this stage, the stage of manifestation and open declaration, in accordance to the understanding that we have explained, did not take place in one go, even if this gradual transition came to its climax when ‘Umar Ibn Al-Khattaab declared, after having been in the trench of the Kuffaar, with a certain heart and mind, that he had moved into another trench of the battle, transforming what he had carried in respect to this Da’wah in terms of a storm of hatred and violent vigour, transforming that all to the opposing side, to become the strongest of believers in backbone and firmness and most challenging in the face of the disbelievers.

What was the objective of the First Pledge of Al-Aqaba?

DR MUHAMMAD KHAIR HAIKAL This is an extract from his PhD thesis ‘Al-Jihad wa’l Qital fi as-Siyasa ash-Shar’iyya’ We are already aware that the meeting of the Messenger ﷺ with the Aws and the Khazraj only took place within the context of the search for the Nusrah (support) that he had been seeking from the leaders of the Arab tribes and those of a position of honour, nobility and leadership amongst them.

Law-making in the time of Umar ibn al-Khattab

When Umar ibn Al-Khattab was Caliph he wanted to adopt a law which would limit the Mahr for women.[1] So one day Umar delivered a khutbah[2] and said: “Do not give more than forty uqiyahs[3] in dowries to women, even if she is the daughter of Dhu al-Qissah – i.e., Yazeed ibn al-Husayn[4]. Whoever gives more than that, I will seize the extra amount and put it in the Bayt ul-mal[5].”

4. CALIPHATE CONTENTIONS: It is permitted to have multiple Caliphs or rulers and multiple Islamic states

BY DR. REZA PANKHURST This article has been reproduced from Prophetic Politics. Generally speaking, the contemporary argument that it is permitted to have more than one ruler for Muslims is not textually based but derived from the thinking that the paradigm of the nation-state is the only pragmatic way to do politics today. The inability to imagine another form of state, or to envision a unified Muslim state, may then lead to the sincere individual seeking justification from Islam for submission to the current geo-political status quo, hence the relevance of this contention.

“All pious Muslims well-read in the Hadith firmly believe in the need to establish an Islamic State headed by a Muslim Caliph.” Sami Moubayed

“All pious Muslims well-read in the Hadith (the compiled sayings of the Prophet) firmly believe in the need to establish an Islamic State headed by a Muslim Caliph. This is mentioned twice in the Holy Quran and it’s central to the Islamic faith. No Muslim scholar would debate an Islamic state and the caliphate. Muslim Sunnis claim that the caliph should hail from Meccan notability. Shiite Muslims add that he must be from Ahl al-Bayt; a member of the prophet’s family.” (Sami Moubayed, Daily Telegraph, 23 Sep 2015)

Imam Nawawi’s explanation of the hadith on accounting the rulers

The Messenger of Allah ﷺ said: سَتَكُونُ أُمَرَاءُ فَتَعْرِفُونَ وَتُنْكِرُونَ فَمَنْ عَرَفَ بَرِئَ وَمَنْ أَنْكَرَ سَلِمَ وَلَكِنْ مَنْ رَضِيَ وَتَابَعَ ‏ ‏.‏ قَالُوا أَفَلاَ نُقَاتِلُهُمْ قَالَ ‏ لاَ مَا صَلَّوْا ‏‏ “‘There will be ameers, you recognise (something of what they do) and you reject (some). Whosoever recognised, he would be absolved (of sin) and whosoever rejected, he would be safe. But whosoever accepted and followed (what they do, he would not be safe).’ They (the Sahabah) asked ‘Shouldn’t we fight them?’ He said; ‘No, as long as they pray.’” (Sahih Muslim 1854a)