Download Ruling System - The Awakening

Ruling system of Khilafah
vs.
Democracy
Taken from the literature of Hizb ut-Tahrir
Ideology: Creed and Systems
Every Ideology has a
set of fundamental
concepts known as
“Creed” from which
specific Systems
emanate
Systems
Creed
(Aqeeda)
Ideology: Creed and Systems
Ruling
system
 Systems emanating from
the Creed
Economic
system
Education
Policy
Creed
(Aqeeda)
Judicial
system
Social
system
Foreign
Policy
Creed: A comprehensive idea about life and what is beyond it
Relationship
Before Life
Man, Life, Universe
After Life
Relationship
 A comprehensive thought must answer following questions
What is man, life and the universe?
Where did life come from (What is before life)?
What happens after death (What is after life)?
What is man’s purpose in life (What is the relationship of this life with that which
preceded it)?
What is man’s motivation to fulfil his purpose in life (What is the relationship of this life
with whatever is after life)?
Secularism
One can believe
In a Creator(s)
Man, Life, Universe
One can
believe in life(s)
after death
Secularism professes the following concepts
 Instead of arriving at a conclusion based on enlightened thinking regarding the existence of a
Creator, the idea of secularism advocates a compromise. Hence one can believe in the existence
of a Creator and the Hereafter if he wants or reject it altogether.
 They refuse to accept any role of the “Creator” in life affairs even if He exists.
 Man’s purpose in life, his motivation to carry out actions, his behaviour with others and himself
would be defined by man himself rather than the Creator.
 The people’s representatives would decide, based on majority, as to how the society should
organize its affairs; how should people carry out economic, ruling and social transactions etc.
 Lawmakers should legislate upholding freedom, equalities and national interest.
Capitalist Framework
Secularism
Freedoms & Equalities
Morality
Interest & benefit
Majority
Economic
Ruling
Social
Judicial
Education
Policy
Foreign
Policy
Islamic Aqeedah
Accountability
Allah
Man, Life, Universe
Day of Judgment
Heaven, Hell
Commands of Allah
 Islamic Aqeedah is based on enlightened thought
Islam requires its followers to answer these basic questions using ration and intellect.
Hence the existence of the creator is proven with definite evidence, so is the proof of Qur’an
being the word of the Creator. Messengership of Muhammad (saw) follows from the proof of
Qur’an
According to Islamic Aqeedah Allah has given us clear guidance as to what is Man’s purpose of
Life and what should be his motivation to fulfil it. Man’s purpose in life is to worship Allah by
following His commands in all aspects of life.
Man’s motivation to follow Allah’s commands is the knowledge that he would be accounted on
the Day of Judgement. A Muslim seeks the pleasure of Allah and strives for eternal paradise
whilst saving himself from Allah’s displeasure and Hellfire.
Islam: Sources of Legislation
 The primary sources of
Legislation are:
 Qur’an
 Sunnah
 There are two other sources
indicated by the primary
sources
 Ijma us-Sahaba
 Qiyas with ‘illa Shariya
Aqeedah
Qur’an
(Nass)
Sunnah
(Nass)
Ijma
us-Sahaba
Qiyas
Islam: Extracting Systems from Creed
Aqeedah
Qur’an
Sunnah
Ijma us-Sahaba
Ijtihad
(Only for Zanni text)
Economic
Ruling
Social
Judicial
Education
Policy
Foreign
Policy
Qiyas
Ruling System:
Islam has legislated laws organise man’s three relationships
Creator
 Laws related to organizing Man’s
three relationships are not up for
debate or discussion
Ibadat
Man with Creator
Man with Man
Man with himself
Man
Man
Muamilat
Akhlaq
Relationship with the Creator







Praying
Fasting
Hajj
Zakat
Tahajud
Recitation of Qur’an
Nawafil
Creator
Ibadat
Man
Relationship with other Human Beings











Husband and wife (Nikah)
Buyer and seller
Ruler and Ruled
Ahkamaat related to Partnership
Prohibition of forcibly converting
non-Muslims
Not killing women and children
during Jihad
Pacts and treaties
Prohibition of owning public
property
Taxation
Dress Code in public
Rules related to inheritance and
Custody
Man
Man
Mu’amilat
(In private and in Public)
Relationship with oneself








Personal Cleanliness
Rulers related to Clothing
Ahkam related to foodstuff
The way to cut ones nails, hair etc.
Putting on perfume
Akhlaq (Harsh, Proud, Humble)
Honesty
Being careless or responsible
Man
Rules related to
•Malboosat (dress code)
•Mat’omat (foodstuff)
•Akhlaqiyat (morals)
Ideology: Creed and Systems
Khilafah
Capitalism
 Islam obliges the Muslim to use his mind  Secularism is not based on mind rather it is
to believe in Allah and forbids imitation in
built on a compromise between the Clergy and
Aqeedah.
the Philosophers
 Islam calls to look deeply in the universe to  Instead of coming up with a rationally correct
understand its law and to be guided to the
conclusion of the questions secularism compels
belief in the existence of a Creator 1
man not to discuss the issue that if there is a
Creator and does He have any relationship with
this life, rather settles it by finding a middle
path in the form of a compromised solution
 Hence Islam trains a Muslim to always look for the correct solution irrespective of the odds
against him and not to compromise on principles for perceived worldly benefits. This produces
a society with high moral values seeking the truth (Haq)
 Capitalism guides its adherents to seek a compromised solution in their life’s affairs as well,
rather than the correct solution. This is why we hear quite frequently the phrase “lesser of the
two evils” in all Capitalist states.
 The correctness of any Ideology is gauged by it’s creed since it the creed from which all the
systems emanate and it is the creed which provides the intellectual basis on which all thoughts
are build. Islamic Aqeedah is the only correct creed since it is the only creed which convinces
the mind
Progress: The relationship of Creed and Systems
 For any nation to progress she has to
implement a system which is in harmony
with their fundamental beliefs and
concepts i.e. her Creed
Current System:
•Interest is allowed
•Insurance is legal
•Constitution protects “freedoms”
•National Interest supersede
Allah’s ahkam
 Pakistan is implementing a system which
is in conflict with the creed of the
overwhelming majority
 Hence a sizeable cross-section of
society refrain from participating in
system deeming it contradictory to
Ahkam of Islam, which results in
weak implementation of system
the
the
the
the
Creed:
•Interest is Haram
•Insurance is Haram
•People are not free,
they are slaves of Allah
•Allah’s ahkam set our
National interests
Putting Pakistan on the road of progress
 There are two possible ways to put Pakistan on the path of progress:
Option 1: People change their Aqeedah (Creed)
 The people should become secular in their belief and implement the capitalist system
in its entirety, without any reservation or holding back
Option 2: People should implement a different system
 A system that exclusively emanates from their aqeedah, upon whose implementation
they do not feel any emotional or religious resistance within themselves and whose
protection they will consider a part of their aqeedah.
 Option 1, doesn’t seem to be a practical and possible option. It is highly un-likely
that people in an overwhelming majority would leave their aqeedah when they
know that their belief is the correct one
 Only the second option is a workable solution since Islamic aqeedah dose give rise
to a system.
 Hence progress cannot occur until we implement a system completely emanating
from the sources of Shari’ah
Adopting from other Ideologies and Civilizations]
 There is a difference between the thoughts related to Aqeedah matters i.e. doctrines
and Shari’ah rules, and the thoughts related to sciences, techniques, industries and
the like
 We are not allowed to take Aqeedah matters as well as laws and principles related
to systems and view point towards life from any other system, ideology or
civilization. Thoughts such as democracy, privatization of public resources,
freedom of expression etc are not to be taken as Allah has given us clear and
precise Shari’ah rules in all the above matters.
 We can adopt administrative means and styles as Umar (ra) adopted the system of
Diwan from the Romans
 We are allowed to adopt and learn anything related to science and technology or
use tangible objects such as tanks, airplanes etc. as long as it doesn’t contradict
Shai’ah rules
Ruling System
(Nidham ul Hukm fil Islam)
Establishing
the Khilafah is an
Obligation (Fardh)
Evidence:
From Qura’n
Evidence:
From Sunnah
Evidence:
From Ijm’a as-Sahabah
Evidence:
From Shar’i Principle
Evidence:
What Islamic ruling system is not:
Monarchical




Ruling is not hereditary and Khaleefah is chosen by Muslims
Khaleefah has no special privileges
The Khaleefah is accountable and can be punished by law if found guilty
He is not the symbol of the Ummah where he owns and does not rule nor is he a symbol
who rules and runs the affairs of the people and country as he pleases.
 He is not the source of legislation rather he has to implement Shari’ah whether he likes
it or not
Republican:
 The Sovereignty belong to the Shara’ not the Ummah
 Neither the Ummah nor the Khaleefah has the right to legislate
 The Khaleefah is bound to adopt rules for the constitution and cannons that are extracted
from Qur’an and Sunnah
 Though Ummah has the right to elect the Khaleefah but they do not have the right to
remove him as long as he implements Shara’.
 The system does not determine the Khaleefah’s term of office. This is rather determined
by his implementation of Shar’a.
Ruling System:
What Islamic ruling system is not:
Imperial:
 Each region is considered an indivisible part of the State.
 Ruling authority and systems are same for all regions
 Same laws for all citizens throughout the state with no distinction of race, language
or creed. Non-Muslim citizens has the full rights and duties that a Muslim citizens
has.
 It does not make the regions under its rule into colonies, areas of exploitation, nor a
source of wealth funneled back into the central region for it’s own benefit. It is for
this reason that the areas outside Hijaz flourished and became centers of learning,
trade and enlightenment unlike the colonies of the west during the colonization
period.
Federal:
 Shape of ruling is that of unitary not federal. The Wilayat have no autonomy in
ruling, economy, military or so like whatsoever
 Funds are spend equally on subjects of Wilayat, regardless of their Wilayah
 The Khaleefah is the one who appoints army commanders, the Wulah, rulers, finance
and economy officials, judges and everyone whose duty is to rule
Ruling System:
The distinguishing feature of any Ruling System
Ruling system
Who appoints
and removes
the ruler ?
Who legislates
and
makes decisions?
Who legislates
and
makes decisions?
Ruling System:
Democracy is in contradiction with Islam
 Democracy and Khilafah are in contradiction in terms of :
 Source of Legislation
 Democracy: Human mind (Freedoms, Moralities, Equalities)
 Khilafah:
Devine Revelation (Qur’an, Sunnah, Ijma’, Qiyas)
 Process of Legislation
 Democracy: Majority
 Khilafah:
Looking for the strongest Daleel through the process of Ijtehad
 Mind can never give a system which could organize man’s relationships correctly:
 Man and his Creator
 Husband and Wife
 Father and Son
 Sister and Brother
 Ruler and the ruled
 Ruler and minorities
 Balance between man/woman rights and responsibilities
Sources of legislation
Ruling System:
Source of Legislation
Khilafah
Democracy
 1) Qur’an
 Human mind, freedoms, Human Rights and
“national interest” and not Islam are the
2) Sunnah
sources of legislation.
3) Ijma’ as-Sahaba and
4) Qiyas
 The parliament has the authority to make laws
are the only sources of legislation.
from any source or adopt it from any creed.
 It is the responsibility of the State to prove
that they have adopting laws from none other
 It is the responsibility of the people and
than the Shari’ah sources.
Islamic Ideological Council to waste time in
 No law can be taken from any other system or
proving the contradiction with Islam.
creed since Islam is not silent on any issue
Furthermore, council’s decisions are not
dealing with human relationships and society.
binding.
 These laws pertain to all systems such as
Economic, Ruling, Social, Education, Judicial
and Foreign Policy.
 Precious time is wasted in showing contradiction with Islam such as in the Riba case.
 Gives rise to a system full of contradicting laws emanated from various creeds and system. Such
as blasphemy laws and freedom of expression, Sharia Courts and “non-Sharia” courts, Islamic
provisions and “non-Islamic provisions” etc.
Ruling System:
Islamic Framework
Aqeedah
Qur’an
Sunnah
Ijma us-Sahaba
Ijtihad
(Only for Zanni text)
Economic
Ruling
Social
Judicial
Education
Policy
Foreign
Policy
Qiyas
Ruling System:
Capitalist Framework
Secularism
Freedoms & Equalities
Morality
Interest & benefit
Majority
Economic
Ruling
Social
Judicial
Education
Policy
Foreign
Policy
Process of legislation
Ruling System:
Process of decision making in a household
In a Home
1
Should the children
Drink alcohol
2
Which Cardiologist
should the mother
be taken to
3
Where should the
family spend the
summer vacation
Ruling System:
Process of decision making in a household
 Question # 1: The matter is not up for debate or discussion. Allah has already decreed
alcohol to be Haram. Hence it is unlawful for the father to ask family members opinion for
allowing or disallowing it
 Question # 2: The father can take suggestions from the members of the family who are
knowledgeable as Allah has made this matter Mubah for us to chose. Hence the father can
take suggestions from his Doctor son or her educated daughter. But he would avoid
discussing the matter with his un-educated son or his young child who don’t have substantial
knowledge in the issue. After this consultation he reserves the right to make a decision what
he feel is good for the family
 Question # 3: In this matter the father can have a voting and follow the majority decision.
As every member is capable of making this simple decision and Allah has allowed Muslims
to chose any halal recreation
Ruling System:
Process of decision making in a State
In a State
Mubah Issues
Legislative Decision
Making
Mubah Issues
in which Ummah’s
representatives
are generally
knowledgeable
Mubah Issues
which
need expertise
and insight
Ruling System:
Process of decision making in a State
Legislative Decision
Making
Ruling System:
Legislative Decision making
Khilafah
 No one is allowed to legislate except Allah1
 Allah’s laws are automatically the law of the
land. Khaleefah does not have any choice
but to implement them nor do they require
endorsement by the majority of the
representatives to become the law of the
land. 2
 The Khaleefah implements Allah’s laws
derived only from Qur’an, Sunnah, Ijma asSahaba and Qiyas, through the process of
Ijtehad.
 The Khaleefah’s personal choice or the
whims of the majority of the Majlis-e-Ummah
bears no weight in the process of Ijtehad.
Democracy
 The people are the origin of the Law
 People are led to believe that sovereignty
belongs to Allah but actually the will of the
majority prevails.
 For implementation of Shari’ah, Allah’s laws
are
to
be
produced
before
the
representatives in the form of a bill who
have the choice to accept or reject.
 Hence practically Creator’s laws need
approval of the creation to become the law
of the land. Hence we hear terminologies
such as ‘Shari’ah bill’ etc.
Evidences
ِ‫ِإ ِن ْال ُح ْك ُم ِإال ِ هّلِل‬
"Verily, Ruling is only for Allah" [Yusaf: 40]
َ‫لَهُ ْال ُح ْك ُم َو ِإلَ ْي ِه ت ُ ْر َجعُون‬
"The judgment is His, and to Him you shall return." [28:88]
َ‫اّلِلُ فَأُولَ ِئ َك ُه ُم ْال َكا ِف ُرون‬
‫َو َم ْن لَ ْم َي ْح ُك ْم ِب َما أ َ ْنزَ َل ه‬
Those who do not judge by what Allah hath revealed, They are the Unbelievers [5:44]
‫ق‬
‫اح ُك ْم َب ْينَ ُه ْم ِب َما أ َ ْنزَ َل ه‬
ْ َ‫ف‬
ِ ‫اّلِلُ َوال تَت ه ِب ْع أ َ ْه َوا َء ُه ْم َع هما َجا َء َك ِمنَ ْال َح‬
So judge between them by what Allah hath revealed, and follow not their vain desires, diverging from the truth
that hath come to thee [5:48]
‫س ِِّ ُموا ت َ ْس ِِّي ًما‬
َ ‫وك فِي َما‬
َ ‫ضي‬
َ ‫فَال َو َر ِب َك ال يُؤْ ِمنُونَ َحتهى يُ َح ِك ُم‬
َ َ‫ش َج َر َب ْينَ ُه ْم ث ُ هم ال َي ِجدُوا فِي أ َ ْنفُ ِس ِه ْم َح َر ًجا ِم هما ق‬
َ ُ‫َْ َوي‬
But no, by the Lord, They can have no (real) Faith, until They make Thee judge In all disputes between them, and
find In their souls no resistance against Thy decisions, but Accept them with the fullest conviction. [4:65]
َ َّ ‫ض ه‬
َ ْْ ََََ ُ‫سولَه‬
َ ‫سولُهُ أ َ ْم ًرا أ َ ْن َيك‬
َ َ‫َان ِل ُم ْؤ ِم ٍن َوال ُم ْؤ ِمنَ ٍة ِإذَا ق‬
َ ‫َو َما ك‬
‫ضلاال ُم ِِينًا‬
ُ ‫اَّلل َو َر‬
ُ ‫اَّللُ َو َر‬
‫ضى ه‬
ِ ْْ ‫ُون لَ ُه ُم ا ْل ِخ َي َرةُ ِم ْن أ َ ْم ِر ِه ْم َو َم ْن َي‬
َ‫ِ ه‬
It is not fitting for a Believer, men or women, when a matter has been decided by Allah and His Messenger to have
any option about their decision [33:36]
Evidences
2.
For those who think that consultation should be on all matters sighting the ayah: " And do consult them in
the matter…” [Al-’Imran: 159] we say that duties (Wajibaat), and prohibitions (Muharramaat) and the
divine rules explained by the Shar'a and specifically stated by it, have no place for human opinions and
there is no scope for consulting about them.
“It is not for the believer (male or female) that when Allah and His Messenger have decided a matter
that they should have any choice in their matter.” [TMQ 33:36],
"And rule between them by that which Allah revealed to you, and do not follow their whims, and beware
that they may deviate you away from some of which Allah revealed to you." [TMQ Al-Mai’dah:49]
, "And whatever the Messenger brought to you take it, and whatever he forbade you of leave it." [AlHashr: 7].
The Messenger of Allah’s (saw) said:
“None of you will be a (true) believer until his desire follows that which I have come with (i.e. Islam).”
These evidences are explicit in making the sovereignty for the Laws of Allah (swt) and not for the Ummah.
Hence Allah has ordered consultation in matters which are Mubah not in legislative matters. Democratic
process of legislation which is based on majority votes of the representatives, is a kufr concept, completely
alien to Islam.
Ruling System:
In Khilafah majority is not always authority
1.
Consultation is the right of the Ummah and Allah has recommended the ruler that he consults the people in
running the affairs of the State. But consultation (Shura) deosn’t mean that its majority opinion has to be
binding on the Khaleefah. The Aya which encourages Shura (consultation) gives the final verdict to the
Messenger i.e. the ruler of the state.
ِ‫اّلِل‬
‫َ فَت َ َو هك ْل َعَِّى ه‬
َ ‫األم ِر فَإِذَا َعزَ ْم‬
ْ ‫َوشَا ِو ْر ُه ْم فِي‬
And consult them In affairs, then, when you have taken a decision put Thy trust In Allah (Al-Imran: 159)
2.
The Messenger of Allah (saaw) rejected the overwhelming majority of the Sahabah on the day of
Hudaibiya and accepted the truce with Quresh saying:
"I am Allah’s servant and His Messenger, I shall not go against His commandment and He will not make
me the loser.”
This shows that when it comes to Hukam of Allah majority has no bearing. So Allah’s laws do not need
majority endorsement to become the law of the land.
3.
Abu Bakr (ra) fought the apostates as well as those who refused to pay Zakah and sent Osama (ra) army
to fight the Romans all at the same time, rejecting the unanimous opinion of the Sahaba who opposed
taking all these expeditions at once. This shows that the majority opinion of the Sahabah was not binding
on the Khaleefah i.e. Abu Bakr (ra) and he implemented his opinion rejecting the majority.
4.
Similar situation was seen when Omar (ra) implemented his opinion of levying Kharaj on the lands of Iraq
rejecting Bilal (ra) and the opinion of a number of Sahabah.
Ruling System:
Implications
 Since the Khaleefah doesn’t have any legislative powers he cannot be blackmailed or
pressurized to make laws by the Majlis-e-Ummah, lobbies or masses
 PM could be dictated by pressure groups, multinational Comps., IMF, WB. PM will be
under pressure from people’s desires, not from Allah’s Ahkam
 Man made laws will always have a bias towards the interests of the legislators or the interest
of their colonial masters.
 In democracy people’s taxes and lives are used to secure the interests of the corrupted elite,
as was done by the oil lobby in the Iraq and Afghanistan wars
 Only divine laws give justice to all
 Hence Democracy is the “Dictatorship of the Elite”
 Rule of Law only possible in the Khilafah
Ruling System:
Legislation of Allah is applicable even today
Creator
 Laws related to organizing Man’s
three relationships are not up for
debate or discussion
Man with Creator
Man with Man
Man with himself
These laws do not change with time
and space. Hence Shariyah is for all
times
Ibadat
Man
Man
Muamilat
Akhlaq
Ruling System:
Process of decision making in a State
In a State
Mubah Issues
Legislative Decision
Making
Mubah Issues
in which Ummah’s
representatives
are generally
knowledgeable
Mubah Issues
which
need expertise
and insight
Ruling System:
Process of decision making in a State
Mubah Issues
Mubah Issues
in which Ummah’s
representatives
are generally
knowledgeable
Mubah Issues
which
need expertise
and insight
Ruling System:
Administrative Laws and Implementation details
Khilafah
Democracy
A) Mubah Issues about which Ummah is generally A) Mubah Issues about which Ummah is
knowledgeable and expert opinion is not needed:
generally knowledgeable:
 Majority opinion of the representatives of the Ummah  People’s representatives to decide what is
is binding on the Khaleefah.
good for them.
B) Mubah Issues which needs expertise and insight:
 After consultations with the experts and people of B) Mubah Issues which needs expertise and
insight:
insight Khaleefah makes the final decision. He is not
bound by the majority opinion of the experts rather he  The Cabinet makes strategic decisions but
would look for the strongest opinion. For example to
the parliament has the right to overrule
deal with water crisis, should the government build
them by voting against it.
four small water dams or just one big dam.
 The representatives of the Ummah can account
him and ask for justification but their majority
opinion is not binding.
Evidences
Category A:
On the day of Badr the Messenger of Allah (saaw) consulted an expert of war Habab bin
Al-Munthir (ra) in choosing the place of the Battle of Badr. He accepted his opinion and
implemented it without even considering consultation with other great Sahaba.
Category B:
This view is derived from the Messenger’s adherence to the majority opinion to leave
Madinah to confront the Mushrikeen army at the Battle of Uhud, although his opinion and
those of senior Sahabah was to stay in Medinah and not to go out. It is also derived from
his saying to Abu Bakr and ‘Umar. “Had you agreed together on a consulted
matter I would have not disagreed with you.” [Narrated by Ahmed from Ibnu
Ghanam bin Al- Ash’ari]
Ruling System:
Implications
 The Ummah’s representatives provide positive input that helps smooth running of the state
 Taking majority opinion who are not experts in the issue is senseless. Hence only experts
are consulted and final decision rests with the elected Khaleefah
 In Khilafah, matters concerning the well being of the society that requires technical
expertise cannot be politicised by political parties by manipulating the ignorance of the
common people
Ruling System:
Example of Decision making in Khilafah
In a State
Administrative Laws
and
Implementation details
Should Oil and gas
wells be privatized
Should the Nuclear
reactor be built
at Chashma
Should the state
first build motorway
or fix the
sewage system
Ruling System:
Decision making in Khilafah
Decision making
Mubah
(General issues)
Legislative
Mubah
(needing expertise)
Allah’s Ahkam
Are implemented
derived from the
sources, Qur’an,
Sunnah, Ijma us
Sahaba
Qiyas
Khaleefah
is final
authority
after
discussing
with
experts
People
Through their
representatives
decide based on
majority
Economic
Ruling
Social
Judicial
Education
Policy
Foreign
Policy
Ruling System:
Decision making in Autocracy
(dictatorship of an individual)
Decision making
Legislative
Mubah
(General issues)
Mubah
(needing expertise)
The ruler
The ruler
The ruler
Economic
Ruling
Social
Judicial
Education
Policy
Foreign
Policy
Ruling System:
Decision making in Democracy
(dictatorship of an elite group)
Decision making
Legislative
Mubah
(General issues)
Mubah
(needing expertise)
Elite Group
Elite Group
Elite Group
Economic
Ruling
Social
Judicial
Education
Policy
Foreign
Policy
Ruling System:
Islamic Democracy: The biggest hurdle in implementation of Islam
 No law is enacted even in an “Islamic Democracy” without the consent of the majority.
 Hence Allah’s Hukam becomes law of the land subject to the endorsement of the 51%
 Riba is legal in Pakistan even though there is a clear Hukam of Allah just because the
legislators in the parliament have not made it Haram. This shows who has the sovereignty
in Pakistan’s constitution
 Voting on a Hukam of Allah to accept or reject it as being the law of the land, is absolutely
HARAM. This process gives man the right to say “Yes” or “No” to Allah’s Hukam whilst a
Muslims doesn’t have any right to have any say once Allah has legislated a matter
َ ‫سولُهُ أَ ْم ًرا أَ ْن يَك‬
َ َ‫َان ِل ُم ْؤ ِم ٍن َوال ُم ْؤ ِمنَ ٍة ِإذَا ق‬
َ ‫َو َما ك‬
‫اَّلل‬
‫ضى ه‬
ُ ‫اَّللُ َو َر‬
ِ ْْ َ‫ُون لَ ُه ُم ا ْل ِخيَ َرةُ ِم ْن أَ ْم ِر ِه ْم َو َم ْن ي‬
َ‫ِ ه‬
َ َّ ‫ض ه‬
َ ْْ ََََ ُ‫سولَه‬
‫ضلاال ُم ِِينًا‬
ُ ‫َو َر‬
It is not fitting for a Believer, men or women, when a matter has been decided by Allah and His
Messenger to have any option about their decision
Ruling System:
Pakistan’s Constitution is a Secular Constitution
 Article 227 of 1973 Constitution of Pakistan which is sited to prove that this Constitution is
Islamic, states: “No Law shall be enacted which is repugnant to such injunctions [i.e. Islamic
injunctions]“
 Afghanistan and Iraqi constitution, which is drafted by none other than the Americans
themselves, have articles very similar to the article quoted above:
 "no law can be contrary to the sacred religion of Islam" (Afghanistan’s Constitution:
Article 3)
 "No law that contradicts the established provisions of Islam may be established" (Iraq's
Constitution: Section One, Article 2(A) )
 US added these articles to deceive the sincere elements in the legal jargons, knowing fully well
that this article will not give rise to Islamic legislation
 The above articles are completely un-Islamic. As all of them allow the parliamentarians to
enact laws from other than Qur’an and Sunnah and do not restrict them only to Shari’ sources.
Hence it is up to the people to prove whether these are repugnance to Islam or not.
 The correct legal clause should be: "Legislation cannot be taken from any source other than
Qur'an, Sunnah, Ijma-e-Sahaba and Qiyas"
Ruling System:
Comparison: Ummah Council vs. the Parliament
Khilafah
Democracy
 Does not have the right to legislate
 Legislate laws for all the people
 The majority opinion when sought in non-technical issues is
binding such as matters related to ruling, economy, education
etc
 There opinion regarding intellectual matters that require
investigation and scrutiny is not binding, such as the technical
and the financial matters together with the affairs of the armed
forces and foreign policy.
 Accounts the ruler in all matters
 Accounts the ruler in all matters
The majority can revoke an already taken decision or step
where UC opinion was binding e.g. ruling, education,
domestic affairs etc.
UC can discuss and guide the Khaleefah in issues related to
foreign affairs and technical matters but their majority
opinion cannot revoke Khaleefah’s decision.
 Majority is authority and hence is
 Qazi Mazalim settles the difference between Khaleefah and UC
implemented
over these issues. Its verdict on the matter is binding.
Ruling System:
Implications
 Real representation is only possible in the Khilafah
 Rule of Law only possible in the Khilafah
 Corruption: An inherent feature of Democracy
 Democracy leaves the door open for foreign influence in the Political and Ruling
system
 Islam protects minority rights while democracy leaves it to the whims of the
majority
Ruling System:
Real representation only Possible in Khilafah
Khilafah
Democracy
The real representation can only happen in the  Real representation is not possible in
Khilafah
democratic system
Since the elected representatives of the
Ummah council do not have any powers to
legislate and nor do they have the
blackmailing card of ejecting the Khaleefah at
their will. They also don’t get legalized bribes
in the form of “developmental budget”. This
makes the post unattractive for the corrupt and
the selfish. They find no reason to “invest”
millions of rupees in election campaigns to
“represent” the poor people
Hence the representative post is not a ruling or
a legislative post rather their job is to only
account the ruler and convey the
grievances/suggestions of the people to the
Khaleefah
 The process of law making gives
parliamentarians the authority to make
laws to protect their personal interests
rather than the interests of the people
whom they are supposed to represent. It
is for this reason they increase their pay
almost every year while the masses
starve.
Ruling System:
Rule of Law only possible under Khilafah
Khilafah
Democracy
As the Khaleefah cannot change the laws he  In democracy laws are legislated to protect
cannot make himself above the law
the elite from even being summoned to the
court
In our history there have been numerous
incidents where the Khaleefah or his son
were summoned to the court and judge
passed judgment against them
 According to the Article 248 of the
Pakistani constitution President, PM, Chief
Minister and governors cannot be
summoned to court in connection to their
responsibilities
Khaleefah cannot change the judge if he is
 Recently Bush has passed a law according to
hearing a case against the Khaleefah
which investigators and the government
cannot be legally sued by detainees abducted
under terrorism allegations
Ruling System:
Corruption: An inherent feature of Democracy
 In Democracy corrupt are attracted towards politics like the bees are attracted
towards nectar
 “Professional politicians” invest millions of rupees in elections and rear “Ghundas”, to
keep sincere people out of the political arena
 The corrupt know that the only way to protect themselves is to be in the ruling post and
legislate laws which will legalize their corruption
 People’s taxes and lives are used to secure the interests of the corrupted elite, as was
done by the oil lobby in the Iraq and Afghan wars recently
 In Khilafah the corrupt have almost no incentive to join the political medium
 “Professional politicians” find no reason to invest millions as they cannot legislate laws
to their benefit or influence the Khaleefah with vote of no-confidence
 Members of Majlis-e-Ummah are not rulers hence they get no “developmental budget”
 As a result Political system gets cleaned from corrupt people
Ruling System:
Influence of foreign powers in the Political system
Khilafah
Democracy
 Since in the Khilafah, even the Khaleefah has  Whenever man will be source of legislation
no right to change Allah’s laws or go against
foreign powers will try to influence him and
them, therefore colonialist find no advantage
make laws in their favour
in pressurising him in doing something for  Colonialist forces pressurise an individual in
which he has no powers
a dictatorship and an elite group in a
 Khaleefah Abdul Hameed’s response to Lord
democracy to make laws for their interests
Herzal is best example
 Musharraf was asked if he is with the US or
 Hence by taking the right of “legislatioin”
against them. He supported the US to kill
away from man Allah has actually relived
Muslims of Afghanistan. And then under
democracy the parliament passed 17th
man from such types of foreign pressures.
Amendment to legalize all the Haram
 Hence Multinational companies or powerful
actions done by Musharraf such as giving
lobbies cannot pressurise the Khaleefah as he
US bases, providing them with logistic
has no powers to legislate laws in their favour
support, handing away 500+ Muslims to the
US etc.
 Hence the Khilafah System ties the hands of
the Khaleefah so much so that even an agent  PM could be dictated by pressure groups,
Khaleefah cannot hurt the Muslims they way
multinational Comps., IMF, WB and will be
an agent ruler in a dictatorship or democracy
under pressure from people’s desires, not
can hurt the masses
from Allah’s Ahkam
 Dictatorship and Democracy are two sides
of the same coin
Ruling System:
Minority rights
 In democracy as the legislation belongs to the people hence the majority can curtailing rights
of the minorities whenever they wish:
 US Patriot Law (anybody can be thrown in jail by simply labelling him as terrorists)
 Women are not allowed to wear Hijab in public school
 In Holland face covering in public place is illegal
 In Britain a person can be detained for about a month without providing any proof
 Nobody can file a law suite against US authorities if detained under certain terror law
 Free World’s glairing example of liberty and civil rights: Guantanamo Bay
 In Khilafah, since man doesn’t legislate hence it is not up to the Khaleefah or the majority of
the representatives to abrogate or suspend the rights of the citizens no matter which political
group, ethnicity, religion or gender he belongs to
 Hence the rights of the non-Muslim citizens are set on stone and nobody can change them. It
was for this reason we still find millions of Christian and Jews living in the Muslim world
where Muslims have ruled for Centuries. But one cannot find a single indigenous Muslim of
Andalusia (Spain)
 Christian citizen of the Khilafah fought along side Muslim armies against the Crusaders
as they were happy under Muslim just rule
Ruling System:
Difference of Opinion and How to resolve it
Khilafah
Democracy
 In Qur’an and Sunnah there are two types of texts.
 Difference
of
 Qatai (definitive-no two interpretation)
opinions
are
resolved based on
 Zanni (Ijtehad is needed to arrive at the Hukam of Allah)
Majority of the
 Only in Zanni text one can have difference of opinion. Muslims are allowed
legislatures. It is
to follow any valid Ijtehad whether they do it themselves, if they are capable,
or follow any Mujtahid.
not the people’s
majority
as
it
 Khaleefah adopts the strongest Ijtehad and implements it over all the people
in societal or system related issues such as:
happened in the
Iraq
crisis
in
 Economic, ruling, social, education, Judicial systems and foreign policy
various
western
 Some other issues such as Zakat, Jihad etc
countries.
 Islam obliges Muslims to obey the ruler leaving their own Ijtehad in these
issues. Hence the sharai’ principle ‘ruling of the Imam alleviates the
difference of opinion’ is accepted by old and new scholars alike.
 There is not much difference among various school of thoughts as for the systems of the state are
concerned. Everyone consider Riba, obscenity as haram, amputating thief's hands as Fard, guarating
basic needs as obligatory etc.
 Any shade of Islam would be much more acceptable for Muslims than the kufr being implemented
today in the form of Capitalist system
Ruling System:
The distinguishing feature of any Ruling System
Ruling system
Who appoints
and removes
the ruler ?
Who legislates
and
makes decisions?
Ruling System:
The distinguishing feature of any Ruling System
Who appoints
and removes
the ruler ?
Ruling System:
Appointment of the Ruler
Khilafah
 Khaleefah must have seven conditions
Muslim
Sane
Free
Male
Mature (Baligh)
Adl (opposite of fasiq)
Is capable of ruling (Qadir)
Democracy
 The ruler should have qualification as
pronounced by article 62 & 63 of the
constitution
Muslim
Mature
Graduate
Good Muslim etc.
 The Khaleefah is appointed either by the
people
directly
or
through
their  People elect the parliament which in turn
elects the Prime Minister through voting
representatives
Ruling System:
Appointment of the Ruler
Khilafah
 Mahkamat ul-Mazalim will short list the nominees taking into account the basic contractual
conditions for being a Khaleefah
 The Majlis-e-Ummah, in its capacity as the representative of the Ummah, will short lists
the nominees twice: first to six and then to two nominees. This will be done after receiving
the list of nominees from the Mahkamat ul-Mazalim.
 The Muslim members of the Majlis-e-Ummah will vote on the two candidates to elect one
for the post of the Khaleefah
 All the members of the Majils-e-Ummah will give the contractual Baya’a to the person
getting maximum votes. It is due to this Baya’a the elected person becomes the Khaleefah
of all the Muslims of the world.
 The Muslims in general will give the Baya'a of obedience to the contracted Khaleefah as
long as he acts according to the Book of Allah and the Sunnah of His Messenger.
Ruling System:
Time duration of the Ruler
Khilafah
Democracy
 Like marriage and financial contracts,  He is elected for a limited time of 5
years
Khilafah contract is also not timebound.
 Khilafah contract is between the  Needs people’s endorsement in the
form of re-election to continue his
Ummah and the Khalifah for ruling
rule
over the people according to Islam.
Hence as long as he fulfils these  The duration could be even reduced
through a no confidence vote which
conditions he will continue to be a
the representatives can carry out any
Khalifah.
time purely on their whims and
desires
 The pertinent question to be asked is; After all why does a good rulers should rule
only just for five years and a bad rulers should stay for five long years?
 The secular democracy can not develop such a mechanism as they have no
divinely revealed fixed and absolute criteria's for all what is good and all what is
bad for humanity.
Ruling System:
The Ummah cannot eject the Khaleefah
Ruling System:
The Ummah cannot eject the Khaleefah
Ruling System:
Impeachment of the Ruler
Khilafah
Democracy
 Khaleefah can be impeached anytime by  The Parliament can kick PM out of the
the courts if he implements Kufr or fails to
office by passing a “No Confidence” vote.
fulfil his contractual conditions
 The ruler continues to be a ruler even
though he fails to implement Islam or fulfil
his election promises as long as he is
- Capability to rule
- Male
keeping the parliamentarians happy
- Adl (not fasiq)
 He may be impeached even though if he is
Sane
a good ruler, if the parliamentarians don’t
- Muslim
- Free
like his policies
- Mature
 If the courts fail to do so then the Ummah  No such provision in this system
should gather strength in order to impeach
him by force.
 Khilafah is a much stable Political system, whereas in Democracy political instability is
created through Vote of No-Confidence, horse trading etc.
 PM’s primary concern is to keep the parliamentarians and pressure groups happy rather than
Allah
 Legalised bribery is introduced to forge stability, such as awarding ministries to “forward
blocks”, allocation of funds etc.
 Khilafah's only concern would be to implement Islam and make sure that he fulfils his
contractual conditions
Ruling System:
Impeachment of the Ruler
Ruling System:
Accountability of the ruler
Khilafah
 Peaceful
 Individual
 Group (Political Party)
 Majlis-e-Ummah
 Qadi Mazzalim
Democracy
 Peaceful
 individual
 Group (Political Party)
 Parliament
 Courts
 Fighting with Sword (material force)
 With Sword (material force)
 The whole Ummah is obliged to fight
 No such concept
him with sword (material force) if he
rules with clear kufr for which there is
not even a weak daleel from Qur’an and
Sunnah
 This physical use of force keeps the ruler in check from implementing Kufr.
 In the 1300 years of Khilafah’s history we have had Khulafaa who did Zulm but
accountability was so thorough that even these rulers were not able to change the law of the
land and implement Kufr and rule by other than Islam.
Evidence:
Peaceful accountability
Evidence :
Accountability with Sword (Khurooj)
Ruling System:
Severity of the accountability
Khilafah
Democracy
 Accountability is fard on the Ummah as  People have the option to either account the
1
“Nahi anil Munkar”
ruler or chose to keep quite under the
pretext of freedom of expression
 All the political parties in Khilafah are  There are ruling and opposition parties both
securing there personal and group interests.
working to put Khalifah in check for
implementation of Islam and act as a
vanguard of Islam over Khalifah.
 This religious obligation makes accountability in Khilafah stronger than democracy
Ruling System:
Implications
 Better accountability in Khilafah system than Democracy
 Democracy: Blackmailing, Horse-Trading, Maintains the Status quo
 Khilafah is a more stable System than Democracy
 Provincialism and Ethnic rivalries are an integral part of a Democratic system
Ruling System:
Accounting far stronger in Khilafah than Democracy
Accounting is an obligation in Islam (Amr bil Ma’roof and Nahhi unil Munkar)
In Islam accounting is an obligation. Even if it is dangerous a Muslim has to account the ruler
In democracy accounting is a right and it is up to the people to account or keep quiet if it is dangerous
People could be bared from accounting
In Democracy government can legislate laws to stops people from various cross-sections of the society
from accounting the rulers such as Civil servants, Army officials, students etc.
In Khilafah this cannot happen as Allah has ordained every individual of the society to under take “Amr
bil Ma’roof and Nahhi unil Munkar”.
In democracy judiciary could be bared from accounting
In democracy laws can be enacted which can stop the judges and the common people from taking the
government to court. One such law was the 17th Amendment under which no court can hear a case
challenging Musharraf’s conniving with the US in killing Muslims of Afghanistan as well as handing
over of more than 500 Muslims to the US.
Under Article 248 of the Pakistani Constitution President, PM, Governors, Chief Ministers cannot be
brought to court in connection with their responsibilities
Accounting will based on Islam not people’s whims and desires
In Khilafah the criteria of accounting is Islamic laws but in democracy the members of the parliament
can eject the rulers purely based on their whims and desires even if the ruler is good
Accounting with sword
In Khilafah if the Khaleefah implements Kufr then he must be stopped through peaceful means such as
verbal accounting and judiciary. But if he fails to stop then he must be fought and removed from this
post. This is the strongest form of accounting which doesn’t exist in democracy.
In Democracy if the ruler is violating the constitution and the judiciary cannot stop him the people have
no option but to wait until his term passes provided he doesn’t get himself re-elected as was the case with
Musharraf. Hence in all practical terms people have no way to stop this Munkar (vice)
Ruling System:
Blackmailing, Horse-Trading and Maintaining of the Status quo
 Vote of No-Confidence gives rise to various problems:
 Leg-pulling and negative politics where the people are the really victims
 Blackmailing by pressure groups and lobbies specially when the government is formed
through collation. A minority starts dictating the Majority
 Legalized corruption and Horse-Trading
 Government resorts to Horse-Trading and legalized bribery such as “developmental budget”
for the MNAs in order to keep its majority in the parliament
 Ties the hand of a good ruler and maintains the status quo
 As an example, a good ruler cannot dare implement Islamic laws related to Agricultural land
which will distribute land properly as he runs the risk of vote of No-Confidence from the
Jageerdars (big landlords) present in the parliament.
 Hence anything challenging the status quo would be checked by these “elite group” already
present in the parliament
 Gives rise to a very unstable system in which the ruler’s primary focus shifts to
protecting his rule by keeping the majority in the parliament happy rather than
implementing Islam or taking care of the affairs of the people
 PM will be under pressure from people’s desires, not from Allah’s Ahkam
Ruling System:
Khilafah is a more stable System than Democracy
 In Khilafah, the representatives do not have the dictatorial powers to remove the
Khaleefah and he continues to be the Khaleefah as long as he implements Islam and
fulfils his contractual conditions. As a result:




Khaleefah cannot be blackmailed or pressurised
Khaleefah doesn’t need to bribe the representatives to keep the majority
No Leg-pulling or destabilizing politics as long Islam is being implemented
Liberates the Khaleefah to implement Islam and not the whims and desires of the people
If the Khaleefah fails to implement Islam and tries to become a legislator
(dictator) he is impeached. If the judiciary fails to impeach him then it is the
responsibility of the people to bring him down physically even if they have to
fight him and his followers
 Due to the above reasons Khilafah is far more stable system than Democracy
Ruling System:
Provincialism and Ethnic rivalries
 In Democracy the limited term of the ruler gives rise to provincialism and ethnic
divisions
 When the ruler knows that he has to go for re-election this produces, in his mind, undue
importance of the majority and insignificance for the minority
 Hence through out their rule they tend to favour the majority over the minority, giving
rise to provincial disharmony and ethnic divide
 In Khilafah since the representatives can’t terrorize the Khaleefah by vote of Noconfidence and he doesn’t have to go for re-election every 5 years, he is under no
pressure from the majority areas to prefer them on the cost of minority area.
 This produces equality amongst the people of all the provinces and ethnic groups in
the eyes of the Khaleefah. He knows that as long as he implements Islam and fulfils
the basic needs of all the citizens of the Khilafah he will continue to be the
Khaleefah
 It is for this reason that there has never been ethnic or cultural divide amongst the
Muslims accept the later part of the Othmani Khilafah in which colonialist played a
major role in inflaming nationalism
Important features
of the
Political Structure
Ruling System:
Political Structure
Khilafah
Democracy
 Centralized Ruling
 De-centralized Ruling
 The Islamic political system is neither a
President
federation nor a confederation of states.
Prime Minister
Rather, its authority is centralized
Cabinet
making it one entity with a central
leadership
Legislative Assembly
 The authority of the Khaleefah cannot
Provincial Autonomy
be distributed among a council or a
Shura as some suggest
 De-centralized Administration
 De-centralized Administration
Provincial Govts.
 Wali’s
Local Govts.
 Aamil’s
 Accountability much stronger in Khilafah than in Democracy
 Since the ruling is centralised hence Khaleefah can’t brush away criticism by playing
helpless and powerless as happens in Democracy. Everybody points a finger at each
other, hence people can’t pin anybody down to fix a problem. Federal Govt points to the
Provincial Govt. and vice versa.
Ruling System:
One State for Muslims or Multiple Nation states
Khilafah
Democracy
 Single State
 Multiple Nation States
 One Ameer al Momineen, (Khaleefah,
 Conflicting “National Interests” of
Imam) for all the Muslims.
different countries is hampering the
unified approach of the Muslim Ummah
 It is not allowed for the Muslims to be
divided into statelets 2
 Khilafah produces political unity among the Muslims.
 It is only because of Nation State concept Muslim land, armies and resources are used against
fellow Muslims.
Ruling System:
One State for Muslims or Multiple Nation states
Ruling System:
Political Structure
Khilafah
 Institutions of Khilafah system
 Khaleefah
 Muawin Tafweedh (Delegated Assistant)
 Muawin Tanfeez (Executive Assistant)
 Walies (Governors)
 Ameer ul Jihad
 Internal Security
 The foreign affairs
 Industry
 The Judiciary
 The administration system (the people’s
affairs)
 Bait ul-mal (the state treasury)
 Media
 Majlis al-Ummah
Democracy
 Institutions of Parliamentary Democracy
Executive
 Prime Minister
 Cabinet
 Governors
 Civil Servants & Bureaucracy
Legislature
 National Assembly
 Senate
Judiciary
Ruling System:
Political Hierarchy (Flow Chart)
Majlis-e-Ummah
All
Citizens of
Khilafah
Ameer
Al-Jihad
• Heads the
military
• Responsibl
e for their
training
Khaleefah
Muslim citizens
Elect the Khaleefah
Delegated
Assistant
• Has all powers
of ruling like
the Khaleefah
• Has to report
to Khaleefah
after taking an
action.
• His ruling can
not contradict
the adoption of
Khaleefah
Executive
Assistant
• Only has
executive
powers
• No ruling
powers
• Implements
rulings of the
Khaleefah and
brings him
feedback from
the Ummah
• Elected directly by the Ummah
Or
• By Muslim members of
Majlis-e-Ummah
Judiciary
• Three types of
qadies, Qadhi
Aam, Qadhi
Mohtasib, Qadhi
Mazalim
• Qadhi Mazalim
can impeach the
Khaleefah.
During the
hearing the
Khaleefah
cannot remove
the Qadhi
The State
Departments
• A body of the
people
which
executes
the
Islamic State’s
orders
• Motor vehicle
dept.
• Zakah
Collection
dept.
• Marriage and
divorce dept.
• And others
• Elected by the people to represent them
• Short lists nominees for Khaleefah
• Scrutinize newly adopted laws and decision of
the Khaleefah
• Make the Khaleefah change the Walies
Governors
• Appointed by
the Khaleefah
• Assists
the
Khaleefah
in
ruling
and
implementing
Islam in the
province
• Distributes
income
to
public
and
collects funds
for the State
Internal
Security
• Police
and
other
law
enforcing
agencies
Industry
• Heavy
Industry
geared
towards
supporting
Jihad.
Ruling System:
Political Environment
Khilafah
Democracy
 Islam obliges every individual to be  In democracy one is not obliged to be
politically aware. This produces a
politically aware.
political environment which keeps the
ruler in check.
 It is achieved through following means
Multiple Political parties
Media
Education system
 Certain cross-sections are prohibited
 Nobody is barred from political activity
from participating in Politics
All civil servants
 Nobody is allowed to make parties or
Students
organizations from basis other than
Teachers
Islam
Ruling System:
Rules regarding Political Parties
Khilafah
Democracy
 No permission required to establish political parties, rather  There
is
a
ruling
it is Fard Kafaya to establish it
party/coalition
and
an
opposition.
 There is no such thing as ruling party or opposition party
 The opposition works to
 Every political party gives allegiance to the Khaleefah and
remove the government
is required to obey him in private and public as long as he
through
constitutional
rules by Islam.
means i.e. No-confidence
vote, or extra-constitutional
 Every party has the right to voice her opinion and work to
means like agitation, civil
build public opinion for it
disobedience, strikes.
 It is obligated (Fard) for every political party to account the  Political party may account
ruler and build awareness and build public opinion against
the ruler or chose to keep
the unjust acts of the ruler
quiet under the principal of
“freedom of expression”
 Political parties are not allowed to destabilise or weaken the
authority of the Khaleefah as long as he is implementing
Islam
 Political parties are responsible in maintaining public
opinion for the implementation of Islam and strengthening
the system
Ruling System:
Islam forbids a Police State
Khilafah
Democracy
 Islam forbids harming the Muslims and  Pakistani Police is known for its torture
spying on them
 There are number of Pakistani agencies
monitoring Muslims day in day out
 Obedience to the Muslim ruler who governs  Muslims armies and police are bullied to
with Islam is compulsory
abduct and kill Muslims under the guise of
“War against terror”
 There is no obedience in sin
 Accounting the rulers is fard upon the
Muslims
 Muslim armies are trained to say “Yes Sir”
and “do or die” for all orders