With the Hadith
The administrative apparatus is a method of management, not a ruling
We greet you all, dear listeners everywhere, in a new episode of your program "With the Hadith," and we begin with the best greeting: Peace, mercy, and blessings of God be upon you.
Ibn Abi Shaybah narrated in his Musannaf: Ghassan bin Nasr told us from Saeed bin Yazid from Abi Nadra from Jabir who said: When Omar took over the caliphate, he imposed duties, compiled registers, and appointed leaders. Jabir said: He appointed me as the leader of my companions.
Dear listeners:
Registers are the devices for managing interests, or the administrative apparatus.
The administrative apparatus is a method of carrying out an action, and one of its means,
The method is the action that is a branch of an action for which a general proof has come - that is, for the origin - and no specific proof has come for this branch, so the general proof of its origin is evidence for it ... Therefore, it does not need a specific proof, and the general proof that indicates its origin is sufficient, so it includes everything that branches out from it from actions. It cannot be said that these methods are actions of the servant, so they should only be carried out according to Sharia rulings. This cannot be said because the Sharia proof has come for its origin in general, so it includes all the actions that branch out from it unless a Sharia proof comes for an action that branches out from the origin, then it should be followed according to the proof. An example of this is: God Almighty's saying: {And give zakat}, which is a general proof, and the evidence came on the actions branching out from it, for the amount of the nisaab, and for the workers and for the categories from which zakat is taken, and all of them are actions branching out from {And give zakat} ... But the workers collecting zakat, do they go riding or walking, do they hire workers to help them or not, and do they count it in books? Do they take a place where they meet? Do they take stores to put what they collect in them? Are these stores placed underground or built like houses for grains? Is the zakat of money collected in bags or boxes? These and the like are actions branching out from {And give zakat}, but no evidence has come to explain how to do them, so it is inferred from the general proof because it includes them as no specific proof has come for them. And so are all the methods, as the general proof that indicates their origin includes them, unless a specific proof comes for them.
Accordingly, administrative methods can be taken from any system unless a specific text is received that prohibits a specific administrative method, and otherwise, it is permissible to take administrative methods if they are appropriate to facilitate the work of administrative bodies and meet the interests of the people. Because the administrative method is not a ruling that requires evidence,
Therefore, Omar bin Al-Khattab, may God be pleased with him, took the method of registers from the Persians and the Romans. Abed bin Yahya narrated from Al-Harith bin Nufayl: "That Omar, may God be pleased with him, consulted the Muslims in compiling the registers, so Ali bin Abi Talib, may God be pleased with him, said: Divide every year what you have collected of money, and do not keep anything of it." And Othman bin Affan, may God be pleased with him, said: I see a lot of money that can accommodate the people, so if they are not counted so that it is known who took from whom did not take, I fear that the matter will spread, so Al-Walid bin Hisham bin Al-Mughira said: I was in the Levant, and I saw its kings compiled a register, and mobilized troops, so compile a register, and mobilize troops, so he took his word, and called Aqeel bin Abi Talib, and Makhrama bin Nawfal, and Jubair bin Mut'im, and they were from the genealogists of Quraish, and said: "Write the people according to their positions" ...
Then after the emergence of Islam in Iraq, the registers were conducted as they were before, so the register of the Levant was in Roman, because it was from the kingdoms of Rome, and the register of Iraq was in Persian because it was from the kingdoms of Persia. In the time of Abdul Malik bin Marwan, the register of the Levant was transferred to Arabic, then the establishment of registers continued according to the need and what the interests of the subjects require. There were registers that specialized in the army from proof and grant, and there were registers that specialized in the works of fees and rights, and there was the register that specialized in the workers and governors of office and dismissal, and there were registers that specialized in the treasury, of income and expenditure, and so on. The establishment of the register was related to the need for it, and its style differed from era to era, due to the difference in methods and means. A head was appointed for the register and employees were appointed for it, and this head was assigned powers to appoint his employees in some cases and they were appointed to him by appointment in other cases.
As for the responsibility of its employees, they are workers and at the same time they are subjects. They are responsible to their superior in the department from the point of view of being workers, i.e. from the point of view of carrying out their work, i.e. to the head of the department. And from the point of view of being subjects, they are responsible to the rulers of governors and assistants, and responsible to the Caliph, and they are restricted by the provisions of Sharia and administrative regulations.
In conclusion... the management of interests is not a ruling, but it is one of the methods, and the following is followed in its creation: the need, and what is required to bear the burdens of this need of working methods and means of carrying it out, so it is permissible to differ in every era and to differ in every state and to differ in every country according to what the interest of the subjects requires.
Dear listeners, until we meet you with another prophetic hadith, we leave you in God's care,
And peace, mercy, and blessings of God be upon you.
