The "Caliphate and Imamate in Islamic Thought" Series
By the writer and thinker Thaer Salama – Abu Malek
Part Three: Establishing the Caliphate is one of the Major Objectives of Sharia, Part 1
Moreover, the caliphate achieves the major objectives of Sharia, such as establishing justice, giving redress to the wronged, and implementing God’s laws. Al-Jaziri, may God have mercy on him, says, “The imams, may God Almighty have mercy on them, agreed that the imamate is an obligation and that Muslims must have an imam who establishes the rituals of religion and gives redress to the wronged from the wrongdoers, and that it is not permissible for Muslims to have two imams in the entire world at the same time, neither in agreement nor in disagreement1)” Al-Jurjani said: (Appointing an imam is one of the most complete interests of Muslims and the greatest goals of religion2). The scholar Ibn Taymiyyah, may God Almighty have mercy on him, said3: "It must be known that the authority over people is one of the greatest religious obligations, and that there is no establishment of religion or the world without it." Dr. Diaa Al-Din Al-Rayes said4: “The caliphate is the most important religious position and concerns all Muslims, and Islamic law stipulates that establishing the caliphate is a basic duty of the duties of religion, but it is the greatest duty because the implementation of all other duties depends on it.” End quote.
If we keep in mind that the meaning of the caliphate is: placing the legal rulings in the position of application, and guarding that application, as the Sharia has surrounded every aspect of the affairs of man, the nation, and the state with legal rulings, and made its application in life one of the greatest purposes of religion, and for it the Book was revealed and the Messenger was sent, and therefore the legislator has made the authority to implement these legal rulings for the nation, and commanded it to pledge allegiance to a caliph who establishes those rulings in it, and thus the caliphate is established; So how can the caliphate not be one of the greatest purposes of religion then?
And that its function is to take care of the interests and affairs of the nation according to the laws of Islam, to convey the Islamic call, and to guard the nation.
The origin of religion is: a belief we believe in, and orders and prohibitions emanating from the belief that govern our lives, and God Almighty only revealed the orders and prohibitions so that people would act with justice, and so that their actions, standards, convictions, and judgments would be in accordance with the divine system, and people were not left to their own devices in any matter of their lives, ﴿DOES MAN THINK THAT HE WILL BE LEFT AIMLESS?﴾ [Al-Qiyamah: 36], and "aimless" means one who is neither commanded nor forbidden, but God has revealed in every matter a ruling that people cannot act with justice, judge with truth, or do the right thing that they must do except by adhering to that command from God: God said: ﴿AND FOR EVERY NATION IS A MESSENGER. THEN WHEN THEIR MESSENGER COMES, IT WILL BE JUDGED BETWEEN THEM IN JUSTICE, AND THEY WILL NOT BE WRONGED﴾ [Yunus: 47], ﴿WE HAVE ALREADY SENT OUR MESSENGERS WITH CLEAR EVIDENCES AND SENT DOWN WITH THEM THE SCRIPTURE AND THE BALANCE THAT THE PEOPLE MAY MAINTAIN [THEIR AFFAIRS] WITH JUSTICE﴾ [Al-Hadid: 25], and His saying, ﴿WE HAVE ALREADY﴾: The lam is located in response to an implied oath, and the lam in His saying ﴿THAT THE PEOPLE MAY MAINTAIN [THEIR AFFAIRS] WITH JUSTICE﴾ is the lam of causation. One of the most important overall objectives of sending down the clear evidences with the messengers is that people should act with justice in accordance with the rulings that were revealed with these messengers and prophets,
Know that there is not a single verse in the Qur’an in its causative form for legislating the Sharia, but rather the verses show the purposes, goals, and result that is obtained from sending the messengers, revealing the books, and the wisdom behind legislating the Sharia, such as the saying of God Almighty: ﴿AND WE HAVE NOT SENT YOU, [O MUHAMMAD], EXCEPT AS A MERCY TO THE WORLDS﴾, and His saying: ﴿AND WE SEND DOWN OF THE QUR'AN THAT WHICH IS HEALING AND MERCY FOR THE BELIEVERS﴾, and His saying: ﴿AND I DID NOT CREATE THE JINN AND MANKIND EXCEPT TO WORSHIP ME﴾, ﴿And We have not revealed to you the Book, [O Muhammad], except that you may make clear to them that wherein they have differed and as guidance and mercy for a people who believe﴾, ﴿WE HAVE ALREADY SENT OUR MESSENGERS WITH CLEAR EVIDENCES AND SENT DOWN WITH THEM THE SCRIPTURE AND THE BALANCE THAT THE PEOPLE MAY MAINTAIN [THEIR AFFAIRS] WITH JUSTICE﴾ [Al-Hadid: 25], ﴿Mankind was [of] one religion, then Allah sent the prophets as bringers of good tidings and warners and sent down with them the Scripture in truth to judge between the people concerning that in which they differed﴾ [Al-Baqarah: 213], as the cause revolves with the effect in existence and non-existence. The fact that the Messenger ﷺ is a mercy, and the Qur’an is healing and mercy, all of that indicates that the Sharia came as a mercy to the servants, except that the fact that the Sharia came as a mercy is the result that results from the Sharia, and not the motive (cause) for its legislation, meaning that God Almighty informed us that His wisdom in legislating the Sharia is that it should result in it being a mercy to the servants, not that what prompted its legislation was its being a mercy, and accordingly, the fact that the Sharia is a mercy to people is the goal of the legislator that he aims for from legislating the Sharia, and not the reason for which it was legislated. See The Islamic Personality, Part Three, Taqi al-Din al-Nabhani, chapter: The Purposes of Sharia.
Therefore, these verses that show us the purposes and goals of the Sharia, that justice and equity should prevail, and that the Book should rule in people’s lives, show us the purpose of revealing the Sharia, and its intent. We can say: that these are the great overall purposes of Sharia: establishing justice, preventing injustice, implementing Sharia, mercy, worship, guidance, and clarifying rulings...
1- Jurisprudence according to the four schools of thought "Abd al-Rahman al-Jaziri, vol. 5/p. 416:
2- Sharh al-Mawaqif by al-Jurjani
3- Collection of Fatwas: 28 p. 390
4- In his book Islam and the Caliphate, p. 99