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Draft Constitution of the Khilafah State6 min readViewed 4 times

5 The Delegated Assistants Tafwid


Article 42

The Khalifah appoints a delegated assistant or more for himself, who carry the responsibilities of ruling. So he delegates to them the management of affairs, where they conduct them according to their opinion and Ijtihad. On the death of the Khalifah, the role of his assistants ends, and they do not continue in their work except for the period of the temporary leader.

The proof for this article is what Al-Tirmidhi narrated; the Messenger (pbuh) said.

. » وَأَمَّا وَزِيرَايَ مِنْ أَهْلِ الأَرْضِ فَأَبُو بَكْرٍ وعُمَرُ «.

“My two ministers in the World are Abu Bakr and Umar” (reported by Al-Hakim and Al-Tirmidhi from Abu Said Al-Khudri). This narration has been used by the Fuqaha’ and has been accepted by most of the scholars, so it is a Hasan narration and accordingly is a Shari’ah evidence that the Khalifah can appoint assistants. The narration used the word “minister” in the linguistic meaning, which is assistant, and the Quran uses it with this meaning; Allah (swt) said. “And appoint for me a minister from my family.” (TMQ 20:29), in other words, an assistant. And the ministry was present during the time of the Messenger (pbuh) , and its proof is the text of the narration from Al-Tirmidhi. However, it was the Messenger (pbuh) who was the one who ruled, and there is nothing which indicates that he made Abu Bakr (ra) and Umar (ra) carry out what he did from ruling, but making them into ministers indicates that he commissioned them to assist him; in other words, commission for both of them to carry out what he did from ruling. After the death of the Messenger (pbuh) , Umar (ra) was the minister of Abu Bakr (ra), and used to carry out what the Khalifah used to carry out in terms of ruling, and that was apparent to the point that some of them used to say to Abu Bakr (ra), “We don’t know whether Umar is the Khalifah or you” reported by Ibn Hanbal in Fada’il Al-Sahabah from Nafi’. After the death of Abu Bakr (ra), ’Uthman (ra) and ’Ali (ra) were the ministers of Umar (ra), and each of them carried out what Umar (ra) did in terms of ruling, except that the power of the personality of Umar (ra) meant that the actions of assistance of the two ministers were not so apparent as that of Umar (ra) with Abu Bakr (ra), although due to the power of the personality of ’Ali (ra), it was clear that he carried out these actions in the time of Umar (ra). After the death of Umar (ra), ’Ali (ra) and Marwan b. Al- Hakam (ra) were the two ministers of ’Uthman (ra). However, ’Ali (ra) was not content with some of the actions, and so his work with ’Uthman (ra) was not prominent since he was similar to someone withdrawn. On the other hand, Marwan (ra) was apparent in his undertaking of the ministry, in other words, the actions of ruling.

The Khalifah would delegate the management of affairs to his minister, and this occurred with each Khalifah from the righteous Khulafaa’ in that their assistant (minister) was present, though how the assistants practised the management of affairs differed from one to the other. It is understood from the linguistic meaning of the word “minister”, or assistant to the Khalifah, that it means an assistant for the actions of the Khalifah, and since the word came general without any restrictions, then it means assistant for the Khalifah in all of the actions of the Khilafah. This is what is understood from the narration, and is supported by what occurred with Umar (ra) and Abu Bakr (ra), and so the Shari’ah meaning of the word is the one who assists the Khalifah in all the actions of the Khilafah. However, he does not possess the mandatory powers of the Khalifah himself. Rather, if the Khalifah said “I have appointed so and so as a minister for me”, or “as an assistant for me”, or “act on my behalf in what I govern”, or anything similar, then the person would have all the mandatory powers of the Khalifah as his representative. In Al-Ahkam As- Sultaniyyah, Al-Mawardi called them the “delegated minister” (Wazeer Tafweed), and defined it with this meaning, saying, “As for the delegated minister, he has taken his ministry from the Imam who authorised him to manage the affairs according to his opinion, and for them to proceed according to his Ijtihad”. It is however necessary that the Khalifah is aware of every action that the delegated minister undertakes, since he is an assistant and not a Khalifah, and so he is not independent; rather the Khalifah inspects every action of him, whether it was small or big.

This Shari’ah reality of the assistant or minister differs completely with the reality of the minister in the democratic system. Since the cabinet in the democratic system is the government, and it is a group of people established with its characteristic as a specific group for ruling, as the ruling for them is for the group and not for the individual; in other words, the leadership is collective and not individual. So the ruler who possesses all power of ruling is the cabinet or the group of ministers collectively, and no single one of them possesses the power absolutely, but rather the power of ruling is in the cabinet collectively. As for the individual minister, he is appointed to specialise in a particular section of ruling, in which he possesses the mandatory powers that the cabinet as a whole determined for him, and whatever powers in this section were not given to him remain with the cabinet and not him.

In Islam, there is no cabinet of ministers who hold the power collectively (on the democratic model); rather the leadership is for the Khalifah who is given Bay’a by the Ummah in order to rule them by the Book of Allah (swt) and the Sunnah of His Messenger . The Khalifah appoints ministers for himself (ministers of Tafwid) who are given general authorisation to act on his behalf and generally support the Khalifah in carrying the responsibilities of the Khilafah, and so they are ministers according to the linguistic meaning, or in other words, assistants of the Khalifah in what they are charged with.

Accordingly the wide difference between the word “minister” and “ministry” in the system of Islam, and the word “minister” and “ministry” in the system of democracy, has become clear. Since the meaning that is understood from the democratic meaning of the word “minister” is dominant in the minds of the people, and when it is used the only thing that comes to mind is the democratic meaning, in order to avoid confusion and to specify the Shari’ah meaning alone, it is not correct to use the term “minister” alone for the assistant of the Khalifah without specifying it. Rather, the term “assistant” should be used in its real meaning, or the term “minister” and “ministry” should be specified such that it is removed from the democratic understanding, and the Islamic meaning alone is understood, such as using the term “minister of authorisation” (Wazir Al-Tafwid).

The assistant is appointed and removed at the order of the Khalifah. At the death of the Khalifah, the assistants’ role comes to an end, and they only continue through to the end of the period of the temporary leader. They then require a new authorisation from the new Khalifah in order to continue in their role, and they do not require to be formally removed since their role ended with the death of the Khalifah who took them as assistants.

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Chapters (210)
  1. 1Constitution
  2. 22 General Rules
  3. 3Article 1
  4. 4Article 2
  5. 5Article 3
  6. 6Article 4
  7. 7Article 5-6
  8. 8Article 7
  9. 9Article 8
  10. 10Article 9
  11. 11Article 10
  12. 12Article 11
  13. 13Article 12
  14. 14Article 13
  15. 15Article 14
  16. 16Article 15
  17. 183 The System of Ruling
  18. 19Article 16
  19. 20Article 17
  20. 21Article 18
  21. 22Article 19
  22. 23Article 20
  23. 24Article 21
  24. 25Article 22
  25. 26Article 23
  26. 274 The Khalifah
  27. 28Article 24
  28. 29Article 25
  29. 30Article 26
  30. 31Article 27
  31. 32Article 28
  32. 33Article 29
  33. 34Article 30
  34. 35Article 31
  35. 36Article 32
  36. 37Article 33
  37. 38Article 34
  38. 39Article 35
  39. 40Article 36
  40. 41Article 37
  41. 42Article 38
  42. 43Article 39
  43. 44Article 40
  44. 45Article 41
  45. 465 The Delegated Assistants Tafwid
  46. 47Article 42
  47. 48Article 43
  48. 49Article 44
  49. 50Article 45
  50. 51Article 46
  51. 52Article 47
  52. 53Article 48
  53. 546 The Executive Assistant Tanfidh
  54. 55Article 49
  55. 56Article 50
  56. 57Article 51
  57. 587 The Governors
  58. 59Article 52
  59. 60Article 53
  60. 61Article 54
  61. 62Article 55
  62. 63Article 56
  63. 64Article 57
  64. 65Article 58
  65. 66Article 59
  66. 67Article 60
  67. 688 The Amir of Jihad The Military Department The Army
  68. 69Article 61
  69. 70Article 62
  70. 71Article 63
  71. 72Article 64
  72. 73Article 65
  73. 74Article 66
  74. 75Article 67
  75. 76Article 68
  76. 77Article 69
  77. 789 The Internal Security
  78. 79Article 70
  79. 80Article 71
  80. 81Article 72
  81. 8210 The Foreign Affairs Department
  82. 83Article 73
  83. 8411 The Department of Industry
  84. 85Article 74
  85. 8612 The Judiciary
  86. 87Article 75
  87. 88Article 76
  88. 89Article 77
  89. 90Article 78
  90. 91Article 79
  91. 92Article 80
  92. 93Article 81
  93. 94Article 82
  94. 95Article 83
  95. 96Article 84
  96. 97Article 85
  97. 98Article 86
  98. 99Article 87
  99. 100Article 88
  100. 101Article 89
  101. 102Article 90
  102. 103Article 91
  103. 104Article 92
  104. 105Article 93
  105. 106Article 94
  106. 107Article 95
  107. 10813 The Administrative System
  108. 109Article 96
  109. 110Article 97
  110. 111Article 98
  111. 112Article 99
  112. 113Article 100
  113. 114Article 101
  114. 11514 The Treasury Bayt al Mal
  115. 116Article 102
  116. 11715 The Media
  117. 118Article 103
  118. 119Article 104
  119. 12016 The Ummah Council The Consultation Shura and Accounting Muhasabah
  120. 121Article 105
  121. 122Article 106
  122. 123Article 107
  123. 124Article 108
  124. 125Article 109
  125. 126Article 110
  126. 127Article 111
  127. 12817 The Social System
  128. 129Article 112
  129. 130Article 113
  130. 131Article 114
  131. 132Article 115
  132. 133Article 116
  133. 134Article 117
  134. 135Article 118
  135. 136Article 119
  136. 137Article 120
  137. 138Article 121
  138. 139Article 122
  139. 14018 The Economic System
  140. 141Article 123
  141. 142Article 124
  142. 143Article 125
  143. 144Article 126
  144. 145Article 127
  145. 146Article 128
  146. 147Article 129
  147. 148Article 130
  148. 149Article 131
  149. 150Article 132
  150. 151Article 133
  151. 152Article 134
  152. 153Article 135
  153. 154Article 136
  154. 155Article 137
  155. 156Article 138
  156. 157Article 139
  157. 158Article 140
  158. 159Article 141
  159. 160Article 142
  160. 161Article 143
  161. 162Article 144
  162. 163Article 145
  163. 164Article 146
  164. 165Article 147
  165. 166Article 148
  166. 167Article 149
  167. 168Article 150
  168. 169Article 151
  169. 170Article 152
  170. 171Article 153
  171. 172Article 154
  172. 173Article 155
  173. 174Article 156
  174. 175Article 157
  175. 176Article 158
  176. 177Article 159
  177. 178Article 160
  178. 179Article 161
  179. 180Article 162
  180. 181Article 163
  181. 182Article 164
  182. 183Article 165
  183. 184Article 166
  184. 185Article 167
  185. 186Article 168
  186. 187Article 169
  187. 18819 The Education Policy
  188. 189Article 170
  189. 190Article 171
  190. 191Article 172
  191. 192Article 173
  192. 193Article 174
  193. 194Article 175
  194. 195Article 176
  195. 196Article 177
  196. 197Article 178
  197. 198Article 179
  198. 199Article 180
  199. 20020 Foreign Policy
  200. 201Article 181
  201. 202Article 182
  202. 203Article 183
  203. 204Article 184
  204. 205Article 185
  205. 206Article 186
  206. 207Article 187
  207. 208Article 188
  208. 209Article 189
  209. 210Article 190
  210. 211Article 191