QuranCourse.com

Need a website for your business? Check out our Templates and let us build your webstore!

The Islamic Personality by Sheikh Taqīuddīn An-Nabahānī

19. The Leadership (al-imarah)

The imarah or riyasah or qiyadah have the same meaning, and rais and qaid and Amir have the same meaning. As for the Khilafah, it is the leadership of all Muslims in the world and it is from the leadership and is categorised under the leadership. The Khalifah is an Amir and is known as the Amir of the believers. The imarah is more general and the Khilafah is more specific, and both of them are riyasah. The word “Khilafah” is specific to a well-known position, and the word “imarah” is general for every Amir. The Muslims are commanded to appoint an Amir over them as they are commanded to appoint a Khalifah, because the imarah is from the types of rule which is the authority over the matter (wilayah amr) in what he is given authority over. The distinction between it and the Khilafah is that the Khilafah is general for all the Muslims in the world, so this is specific for who appointed him and in what he was given authority over. It does not exceed those who appointed him in the same way it does not exceed what he was given authority over. The riyasah, qiyadah and imarah are hukm shari’; they are not styles. Muslims are restricted in it with the limits of what Allah (swt) commanded in it and what the Shar’a came with.

It is an obligation upon every group (jama’ah) of Muslims performing a collective matter to appoint an Amir over them. Whereas if the matter is specific to each individual without involving another matter, then it is not requested from them in this case to establish an Amir over them. The imarah is established over a group in a matter associated between them, so that there is for him the authority and for them a decisive word. The reality of the existence of a collective matter between any groups inevitably compels them to establish an Amir over them or else this matter will be cause of trouble between them and discord will result between them. As for the establishment of a leader for the group who performs a collective matter between them being obligatory upon Muslims, this is due to what Abdullah bin ‘Amru narrated that the Prophet (saw) said:

“It is not allowed for three people who are in the open space except that they appoint one of them over them as Amir.”

And also due to what Abu Said narrated that the Messenger of Allah (saw) said:

“When three people go out on a journey, let them appoint one of them as Amir.”

This is also due to what Al-Bazzar narrated via a correct chain that Umar bin Al-Khattab (ra) said:

“If you are three on a voyage, then appoint one of you over you as Amir. That is the Amir whom the Messenger of Allah (saw) commanded”

Al-Bazzar also narrated from ibn Umar (ra) via a correct chain that the Messenger of Allah (saw) said:

“If they are three on a voyage, let them appoint one of them as Amir”

And the hadith of Abu Said al-Khudri (ra):

“If three go out on a voyage, let them appoint one of them as Amir” (narrated by Abu Dawud).

These ahadith are explicit in that it is prescribed for any number reaching three and more to appoint one Amir over them, except that his statement(s) in the ahadith: “in an open space” and “in a voyage” which indicates that they are gathered together in a collective matter between them in an open space or travelling in a voyage or the like in a collective matter which includes a party, an organisation, an expedition, army, tribe, city and region etc. So if this is prescribed for three who are in an open space in the land or are travelling, then its legitimacy for a greater number or a bigger job is of more precedence and more worthiness. The ahadith are general for open space, on a voyage or any matter other than these two which is larger and greater than them as the conforming understanding indicates this. The principle of usul (roots of jurisprudence) is that the meaning of the speech (fahwa al-khitab) is acted upon. Thus if something is commanded or prohibited, the understanding of what he is commanded or prohibited with enters together with the stated text (mantuq) into what is commanded or prohibited. Nor is it restricted to merely what was stated, meaning that if a thing is commanded or prohibited then this command or prohibition includes what is greater or larger by precedence. Its example is the prohibition of abusing and beating of (one’s) parents from the indication of Allah’s statement:

Do not say (uff) to either of them [TMQ 17:23]

And the prohibition of destroying the orphans’ wealth from the indication of Allah’s statement:

Verily those who eat the orphans’ wealth unjustly [TMQ 4:10]

And his returning what is less than the (qintar) or not paying what is more than a dinar from Allah’s statement:

And of the people of the Book is one who when entrusted with a (qintar) will return it to you, and among them is the one who when entrusted with a dinar will not return it to you [TMQ 3:75].

The Messenger (saw) commanded the appointment of one Amir in a voyage and open space. Accordingly, this command is based upon what is more dangerous, and important, than being present in open space, and it includes such matters by greater reason (bab uwla). This clear conforming understanding in the preceding ahadith is strengthened by the practice of the Messenger (saw) who appointed an Amir in what was more dangerous than a voyage. He appointed a leader in the Hajj, in the battles and in the provinces of the State.

This is in respect to the obligation of establishing an Amir for every group in a place or common matter associated between them. As for this Amir, the Shari’ah has obliged that he be one and it not permitted to be more than one. Islam does not have collective leadership (qiyadah) or collective presidency (riyasah). Leadership in Islam is strictly singular so it is obliged for the Rais or Amir or Qaid to be one, and he is not allowed to be more than one. The evidence for this is clear from the text of the preceding ahadith and the actions of the Messenger (saw). All the ahadith state: “one of them”, “one of you” and the word (ahad) is the word one (wahid) which indicates the number i.e. one and not more. This is understood from the contrary understanding (mafhum mukhalafah). The contrary understanding of the number, attribute (sifat) and objective is acted upon without a text; and the contrary understanding is not negated except in one situation which is where there comes a text annulling it like Allah’s statement:

“Do not compel your women slaves into prostitution if they prefer chastity” [TMQ 24:33].

The contrary understanding is that if they do not wish chastity then they are compelled (into prostitution). However this contrary understanding is annulled by Allah’s statement:

“Do not come near to fornication. Verily it is a foul deed and an evil way” [TMQ 17:32].

If there does not come any text annulling the contrary understanding, then in this case it is acted upon like Allah’s statement:

“(As for) the fornicator, female and male, lash each one of them” [TMQ 24:2].

And like his (saw) statement:

“When the water reaches two (qullat), then it does not carry filth (khabath).”

The rule in these two texts runs restricted by specified number, and this restriction indicates that what is beyond these numbers are contrary to it (in the rule). This indicates the absence of permission for what is less than one hundred (lashes) and that what is more than two (qullat) does not carry filth. Therefore the Messenger (saw)’s statement:

“Let them appoint one of them”,

“Except that they appoint one of them”,

“Appoint one of you”

Indicate by contrary understanding (mafhum mukhalafa) that it is not allowed to appoint more than one. Thus leadership is for one, and it is not permitted to be for more than one by the text of the ahadith in their stated text (mantuq) and understanding (mafhum). This is strengthened by the Messenger (saw)’s action in that in all incidents wherein he appointed (a leader), he would appoint one and not any other (number). He never appointed more than one in one place.

As for the hadith narrated, that the Messenger (saw) sent Mu’adh and Abu Musa Al-Ash’ari to Yemen and said to them:

“Facilitate things for the people (treat the people in the most agreeable way), and do not make things difficult for them, and give them glad tidings, and let them not have aversion (i.e. to make the people hate good deeds) and you should both work in cooperation and mutual understanding, obey each other”

This does not indicate that he appointed two in one place. The hadith came in Al-Bukhari with the text:

“Muslim related to us that Shu’bah related to us that Sa’id bin Abi Burdah related to us from his father who said: The Messenger (saw) sent his grandfather Abu Musa and Mu’adh to Yemen and said: ‘Facilitate things for the people (treat the people in the most agreeable way), and do not make things difficult for them, and give them glad tidings, and let them not have aversion (i.e. to make the people hate good deeds) and you should both work in cooperation and mutual understanding, obey each other.”

The same hadith came in the book of war expeditions (Al-Maghazi) saying:

“Musa related to us that Abu ‘Awanah related to us that Abdulmalik related to us from Abu Burdah who said: The Messenger of Allah (saw) sent Abu Musa and Mu’adh to Yemen. He said: He sent each one of them to a province and Yemen has two provinces and said: ‘Be easy and not difficult, give glad tidings and do not repel (people). So each one of them went to carry out his work ’”

This narration clarifies the other narrations that he sent two to Yemen. He made for each one a region of it so they were not two Amirs in one place. Rather each one of them was Amir at a place different from where the other was Amir. Therefore it is not allowed for one matter (to have) two leaders (rais) nor for one place two leaders. Rather it is obligatory to have only one Amir and it is prohibited for there to be more (than one). However it must be understood that ri’asah and imarah and qiyadah in Islam is not honorary authority as the honorary authority requires following the chief (za’im). As for ri’asah in Islam, it grants the right to the leader to take care of the affairs and authority over the matter in which leadership is for him and the execution of all that falls within the leadership according to the competence for which he was appointed Amir within the limit given by the Shar’a in the matter which the rais was appointed.

As for what has spread throughout the Muslim lands of establishing collective leadership in the name of an assembly or committee or administrative apparatus, and what is similar to these, to which they give the leadership competency. This contradicts the Shar’a when leadership is given to this apparatus or assembly or committee since leadership is given to a group which is prohibited by the text of the ahadith. Whereas if the committee or assembly or apparatus is for the purpose of bearing responsibility and debating in the matters and for consultation (shura), in such a reality it is allowed and it is from Islam, this is because the Muslims are praised for taking consultations in their matters. Their opinion is considered obligatory by majority when it is related to performing actions and it is accepted as a consultation when it is regarding the rules and opinions which lead to thoughts and technical opinions and definitions. When the Amir decides upon something then he executes what he views (correct) in whatever is not related to performing actions. As for what the communist thinkers differed about regarding whether leadership is collective or individual, there is no room for researching this in Islam. This is because Islam has specified leadership to be individualistic by text and action, and the Ijmaa as Sahabah has happened over it and the Ummah has bound itself upon this during all eras.

Reference: The Islamic Personality - Sheikh Taqīuddīn An-Nabahānī

Build with love by StudioToronto.ca