The Caliphate According to the Prophetic Method: Justice and Mercy for the Worlds
It is narrated from Ammar bin Abi Ammar that Ibn Abbas recited this verse: “This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion.” There was a Jew with him, and he said, “If this verse had been revealed to us, we would have taken that day as a holiday.” Ibn Abbas said: “It was revealed on a day of two holidays: Friday and the Day of Arafah.” Narrated by Al-Tabarani in his Great Lexicon. Praise be to God for this blessing: the blessing of guidance and the blessing of the completion of the religion. A religion that is all guidance, mercy, and light. Whoever adheres to it is guided to the straight path.
Islam is the true religion of God, and the final message of heavenly revelation and the one truth. All the laws and doctrines on earth today other than it are false and misguided. This religion is complete in its legislation, ensuring complete justice, complete mercy, complete guidance, perfect honor, and perfect servitude to God, because it is from God alone.
Therefore, we are not deviating from the truth when we say that there is no justice, no dignity, and no guarantee of achieving them on earth without Islam. What humanity is witnessing today of injustice, oppression, and corruption is the greatest evidence of the meaning of the hardship caused by turning away from applying the revelation of Heaven. How can a person filled with instincts and driven by the love of possession have mercy on the need of others and refrain from consuming their wealth and daily sustenance without being deterred by the torment of Hell for those who consume the rights of others and encouraged by the great reward for those who give and are pious? How can someone filled with the love of desires refrain from violating people’s sanctities, preserving their honor, and concealing their faults without ﴿As for he who transgresses * And prefers the life of this world * Then indeed, Hellfire will be his abode. * But as for he who fears the standing before his Lord and restrains himself from [unlawful] desire, * Then indeed, Paradise will be [his] abode.﴾?
When Islam came as a law from the Lord of the Worlds to regulate human affairs as an individual, a group, a nation, and a complete world, its legislation was detailed, precise, and disciplined, ensuring that when it is fully implemented without any association with other legislations, justice and mercy would be achieved for society. You will not find in Islamic society any injustice occurring without there being an accounting for the oppressor and a restoration of the right to the oppressed, nor any grievance that its owner has not been compensated for. Islam came primarily to preserve people's lives, honor, wealth, and dignity. It is narrated from Abu Bakra that the Messenger of Allah ﷺ said in his sermon on the Day of Sacrifice in Mina during the Farewell Pilgrimage: "Verily, your blood, your wealth, and your honor are sacred to you, like the sanctity of this day, in this month, in this land. Have I conveyed the message?" And from Abu Hurairah, may God be pleased with him, that he ﷺ said: "Every Muslim is forbidden to another Muslim: his blood, his honor, and his wealth."
God Almighty says in the Hadith Qudsi: "O My servants, I have forbidden injustice to Myself, and I have made it forbidden among you, so do not oppress one another." We will mention here the most important aspects related to the prohibition of injustice and what God Almighty has detailed of rulings that, when applied, are sufficient to prevent the occurrence of injustice, and even prevent the existence of oppressors and force them to the truth if they exist.
The greatest advantage of this religion is that, as we said at the beginning, it is the truth, and what is besides it is falsehood. It is from the All-Wise, the All-Knowing. This advantage, and God's preservation of His religion from distortion and alteration, means, among other things, that all Islamic legislation is truth and justice. There is no room for discussing it or holding dialogue sessions to ensure its validity, nor is it necessary to update or renew any item of the Islamic constitution that is derived with detailed evidence from the four sources of legislation: the Quran, the Sunnah, the consensus of the Companions, and Sharia analogy. This feature alone is sufficient to instill reassurance in the hearts of those who seek it. It is also sufficient to put an end to the rebellion and arrogance of rulers and to cut off the path of anyone who would legitimize his corruption or authorize what he wants and prohibit what he dislikes. What is lawful is clear, and what is unlawful is clear. There are no gray areas in the legislation related to the rights of people and the five objectives of Sharia.
Secondly, Islam requires everyone who professes it, and everyone who holds the citizenship of its state, to make sovereignty for this religion. There is no sovereignty for other than the religion of God. Simply put: this is the truth that does not favor anyone, and this is a dear religion that requires you not to prefer anything else over it. No authority is above the law of God. In secular laws, a phrase like "the law is above everyone" is widespread, but reality tells us that what happens is the opposite, both in the past and in the present. If a noble person among the Children of Israel stole, they would leave him, and if a weak person stole, they would carry out the punishment on him. But Islam, with all its dignity and justice, says: "By God, if Fatima, the daughter of Muhammad, stole, I would cut off her hand." And our master Omar bin Al-Khattab flogged the son of the governor of Egypt, Amr bin Al-Aas, because he flogged a Copt unjustly. Have you seen how God makes sovereignty for His religion and not for anyone else? Even if you are the son of a prophet or the son of the caliph or the son of the prince.
The ruler in Islam is not a king or a president; he is an emir of a community who bears their responsibility, and between him and them is a contract and an oath of allegiance in which they give him obedience and good adherence to Islam, provided that he takes good care of them with this religion and applies it to them as their Lord has commanded them. The Caliph in Islam is like everyone else, equal as the teeth of a comb, and this is one of the basics of the great Islam. No disparity or preference except through obedience, and this obedience is not a favor to anyone; rather, you continue to wait until you die for its acceptance or rejection. This is how Islam connects man to his afterlife and makes him focus on the real goal of his existence: succession on earth. Both the ruler and the ruled are on a great frontier, establishing the religion of God when God used them. The Caliphate is a great responsibility and the emirate is a tribulation that the strong and pious used to flee from, fearing that God Almighty would ask them about it. Our master Omar Al-Farooq died saying: I wish I had come out of it evenly, neither for me nor against me. This is while the devils fled from him!
These ideas and basics are not subject to theorizing nor are they just Platonic ideas about a virtuous city that does not exist. Islam is also characterized by the fact that it came to humans who are right and wrong, and it is applicable in every era and to any group. So it came in a detailed way for all these rulings, and an explanation of how to implement them.
With these advantages, and with the great tribulation of the emirate and the fact that power is a great gateway to injustice and error, Islam has made its rulings into two parts: the first related to the ruler himself, from encouraging him with the reward of good care and urging him to have mercy on the servants and take care of their affairs and care for them with justice and wisdom, and warning him of the dire consequences for the unjust in this world and the Hereafter. The second is related to the ruled, so it came with rulings on enjoining good and forbidding evil, holding rulers accountable, advising them, and the necessity of speaking the truth and forcing the ruler to the truth. And it made fear of God Almighty the motivator for the servants and the great reward for those who speak the truth.
I will mention here articles from the constitution of the Caliphate State that Hizb ut-Tahrir has prepared, related to governance and the care of affairs and ensuring the prevention of injustice and its removal when it occurs, with commentary on it as appropriate to the context of the article.
Article 4: "The Caliph does not adopt any specific Sharia ruling in matters of worship except for Zakat and Jihad, and what is necessary to preserve the unity of Muslims, and he does not adopt any idea from the ideas related to Islamic creed." This is sufficient to limit the legislative encroachment that affects rulers, and ends the long hand of tyrants before it is born. The constitution is clear and the legislation is known to every Muslim, and there is no room for manipulation or the creation of new articles. This is also sufficient to end the strife and heresies that ruin the nation in its creed, so it preserves its religion as it was revealed to Muhammad, peace and blessings be upon him.
Article 5: "All those who hold Islamic citizenship enjoy rights and are obligated to fulfill Sharia duties." There is no discrimination on a sectarian or racist basis, and the incident of the son of Amr bin Al-Aas hitting the Copt, and then the Caliph of the Muslims retaliating for the Copt from the prince, illustrates how to take care of affairs and prevent injustice to any individual of the subjects.
Article 13: "The principle is the presumption of innocence, and no one is punished except by a court ruling, and it is not permissible to torture anyone at all, and anyone who does so is punished." This ends the cases of security encroachment, taking by suspicion, kidnapping people, and bullying them that are widespread in all Muslim countries, until prisons have become more numerous than schools, and the Muslim fears to utter a word of truth for fear of going behind the sun. This article is sufficient to end the Sednayas in Muslim countries, and how many they are! This article is sufficient to achieve the purpose for which the Sharia came: preserving human life and dignity.
Article 20: "Holding rulers accountable by Muslims is one of their rights and a collective duty on them. Non-Muslims among the subjects have the right to express complaints about the ruler's injustice to them, or the misuse of Islam against them." The Islamic society is a society that is free par excellence: free in the servitude of all to God, and free in the individual's ability to exercise his right to express himself in other than what violates the Sharia, and to criticize the ruler and even hold him accountable with all strength, and to denounce the state and speak the truth without fearing the blame of anyone in God. Yes, Islam builds free, strong societies in which everyone fears God alone. The ruler is an individual who is right and wrong, and the slogan of the Caliph is the same as the slogan of Abu Bakr Al-Siddiq, may God be pleased with him: "Obey me as long as I obey God in you, but if I disobey Him, then there is no obedience to me from you."
Article 24: "The Caliph is the one who acts on behalf of the nation in authority and in the implementation of the Sharia," and Article 28: "No one is a Caliph unless the Muslims appoint him, and no one possesses the powers of the Caliph unless the Muslims have concluded it for him in the legitimate manner as any contract of contracts." These two articles are among the most important things that guarantee the people's right to choose their ruler, and prevent the inheritance of rulers or the appointment of rulers by the West in a way that does not suit the nation's desires and wants.
Articles 33 and 34, with their branches, detail how to appoint the Caliph, and a precise statement of the state of vacancy of the Caliph's position and who temporarily takes over his place to run affairs. Islam did not leave room for any defect or confusion. Every detail is clear and explained.
Article 37: "The Caliph is bound in adoption by the Sharia rulings, so it is forbidden for him to adopt a ruling that has not been correctly derived from the Sharia evidence, and he is bound by the rulings he has adopted, and by the method of derivation he has committed himself to, so it is not permissible for him to adopt a ruling that he has derived in a way that contradicts the method he has adopted, nor to give an order that contradicts the rulings he has adopted." This makes the ruler stand before his responsibility in taking care of affairs and confirms him in the face of tribulations on the truth, and strengthens the nation's power in accountability and confronting any emergency that afflicts the state or external pressures that the Caliph may be exposed to, so the state is obligated to the Sharia and the nation is a support and arm that confirms the ruler and his aides on the truth and holds them accountable with all strength and boldness from the constitution that they and the nation have committed themselves to.
Article 40 and its branches detail what the Caliph may be exposed to that makes him lose his eligibility as a ruler of the nation, and clarifies each case and how the nation and the state must take the required action. The ruler's immorality does not require obedience to him as a guardian as the scholars of the Sultan promote, but rather requires holding him accountable and reaches the point of removing him from the position of Caliphate, and the Caliph's inability to perform his duties in the event that someone overpowers him or an enemy captures him, it is referred to his condition, is he able to be liberated or not, and if he is expected to be liberated, he is warned, otherwise he is removed and another is appointed. The Caliphate is not an honorary position, and as we said, sovereignty belongs to the Sharia and authority belongs to the nation, not to the person of the ruler and his title.
The Court of Grievances alone is responsible for monitoring the Caliph's ability to perform his duties, and for verifying his condition and what he issues, and it has the right to remove him or depose him. The judge of grievances is not appointed by the Caliph, and this protects the nation and the state from administrative corruption, the loss of rights, and the eradication of any injustice or seizure of the nation's authority in its cradle.
The aides of authorization who are appointed by the Caliph, their work ends with the end of the Caliph's work by his death or removal, and this ensures the renewal of energies and prevents the existence of a state within the state, or the control of parties and groups over the government and the seizure of authority from the nation.
Articles 45 and 46 The aide of authorization must inform the Caliph of the actions he takes, and the Caliph is obligated to follow up on what his aides are doing, so the first and last word is for the Caliph, and he is the first and last responsible in the state. Any injustice that occurs, the Caliph is held accountable for it, and there is no room for evasion and blaming minor workers or evading accountability. This also protects the state from the encroachment of ministers and the Caliph's entourage and their monopoly of state affairs without him. This is how Islam places every individual in front of his responsibilities and holds him accountable for his duties because he will clearly be asked about them before God Almighty, ﴿And all of them will come to Him on the Day of Resurrection alone.﴾ The Messenger of Allah ﷺ says, "Each of you is a shepherd, and each of you is responsible for his flock." The official, when he is certain that there is an account behind him, will prepare an answer for every question and a detail for everything that the angels write. We ask God for His forgiveness.
Without prolonging the speech: The Islamic state is a practical implementation of what God Almighty said about our master Muhammad ﷺ: ﴿And We have not sent you except as a mercy to the worlds.﴾ And his rulings are sufficient for this mercy to be manifested as a reality that the nation lives, as the early Muslims enjoyed in the shadow of the first Rightly Guided Caliphate. We ask God to honor us with the second one soon and make us its people and those who work sincerely for it.
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Written for the Central Media Office of Hizb ut-Tahrir
Bayan Jamal