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Draft Constitution of the Khilafah State8 min readViewed 5 times

Article 64


The Army is given banners and flags and the Head of State (the Khalifah) gives the banners to whomever he appoints to lead the Army, whereas the flags are provided by the brigadiers.

1. Al-Liwa’ (banner) and Al-Rayah (flag) – from the linguistic angle, they both mean Al-’Alam (sign) as mentioned in the Al- Muhit dictionary. The Shari’ah gave each of them, in terms of usage, a Shari’ah meaning along the following manner:

The Banner is white: written upon it La Ilaha Illa Allah, Muhammad Rasul Allah in black, which is given to the Amir or leader of the Army. It is used to identify his position, and follows the position. The evidence for attaching the banner to the Amir of the Army:

. » دَخَلَ مَكَّةَ يَ وْمَ الْفَتْحِ وَلِوَاؤُهُ أَبْ يَضُ أَنَّ النَّبِيَّ « .

“The Prophet (phuh) entered Makkah on the Day of Conquest and his banner was white” reported by Ibn Maja from Jabir, and on that day the Messenger (pbuh) was the leader of the Army. In the same way, the Messenger of Allah (pbuh) used to attach the banners to the leaders of the armies that he sent out, as has been mentioned in “‘Uyun Al-Athar fi Funun Al-Maghazi Wal- Shama’il Wal-Siyar” by Imam Al-Hafiz Abi Al-Fateh who is known by the name Ibn Sayyid Al-Nas who died in 734 AH, where he stated “...on Monday, four days before Safr of the eleventh year of Hijrah, the Messenger of Allah (pbuh) ordered the people to prepare to fight against the Romans. When it was the next day, he called Usamah Bin Zayd, and said to him go to the place your father was killed, so prepare the horses and you are the Amir of the Army…and so when it was Wednesday the Messenger of Allah (pbuh) began to feel pain…then when it was Thursday he gave a white banner to Usamah, then he said go out on the expedition in the path of Allah, and fight those who disbelieved in Allah, and so he went out with the banner tied…” The Flag is black: written upon it La Ilaha Illa Allah, Muhammad Rasul Allah in white, which is given to the heads of the divisions of the Army (brigade, unit, etc.). The evidence is that during Khaybar in his role as the leader of the Army, the Messenger (pbuh) said,

. لأُعْطِيَنَّ الرَّايَةَ، أَوْ لَيَأْخُذَنَّ الرَّايَةَ، غَدًا رَجُلاً يُحِبُّهُ اللَّهُ وَرَسُولُهُ، أَوْ قَالَ « يُحِبُّ اللَّهَ وَرَسُولَهُ، يَ فْتَحُ اللَّهُ عَلَيْهِ، فَإِذَا نَحْنُ بِعَلِيٍّ وَمَا نَ رْجُوهُ، فَ قَالُوا: هَذَا عَلِ ي، » الرَّايَةَ، فَ فَتَحَ اللَّهُ عَلَيْهِ فَأَعْطَاهُ رَسُولُ اللَّهِ .

“I will give the flag tomorrow, or tomorrow the flag will be taken by a man who is loved by Allah and His Prophet (phuh) , and (Khaibar) will be conquered through him, (with Allah's help)" While every one of us was hopeful to have the flag, it was said, "Here is `Ali" and the Prophet (phuh) gave him the flag and Khaibar was conquered through him (with Allah's Help)” (agreed upon from Salama b. Al-Akwa’). ’Ali (ra) at that time was considered as the head of a battalion or brigade of the Army. Similarly in the narration from Al-Harith Bin Hassan Al-Bakri,

. على المنبر، وبلال قائم بين يديه، متقلد قدمنا المدينة فإذا رسول الله « وإذا رايات سود، فسألتُ : ما هذه الرايات؟ فقالوا: عمرو ، السيف بين يدي الرسول » بن العاص قدم من غزاة .

“We came to Madinah and saw the Prophet (phuh) on the pulpit, with Bilal standing in front of him holding his sword, and there were black flags in front of the Messenger (pbuh) . I asked ‘What are these flags?’ They said Amr Bin Al-’Aas has just arrived from an expedition” reported by Ahmad in Al-Musnad and elsewhere, and in the report of Al-Tirmidhi from Al-Harith Bin Hassan Al-Bakri he said the wording,

. قدمت المدينة فدخلت المسجد فإذا هو غاص بالناس وإذا رايات سود تخفق وإذا قلت ما شأن الناس؟ قالوا يريد أن يبعث بلال متقلد السيف بين يدي رسول الله » فإذا رايات سود « عمرو بن العاص وجها. فمعنى .

“I came to Madinah, entered the Mosque and found it crowded with people, and there were black flags fluttering, and Bilal was holding a sword in front of the Prophet (phuh) . I said ‘What is the matter?’ They said: ‘He wants to send Amr Bin Al-’Aas to somewhere’”. The meaning of “black flags” is that there were many flags with the Army, and when the Amir of the Army was one person – and that was Amr Bin Al-’Aas, this means that they must have been with the heads of the brigades and units.

This is how the banners were attached to the Amir of the Army, and the flags with the rest of the Army, its divisions, brigades and units. Accordingly, there is a single banner and many flags for each army.

Therefore, the banners are a sign for the Amir of the Army and no one else, and the flags are signs with the soldiers.

2. The banner is attached to the Amir of the Army, and it is a sign for his position; in other words, it stays with the position of the Amir. As for during the battle, the leader of the battle, irrespective of whether it was the Amir of the Army or another leader who was appointed by the Amir of the Army, is given the flag to carry it during the fighting on the battlefield, and for this reason, it is called Umm Al-Harb (the mother of the war) since it is carried by the leader of the battle in the battlefield.

For that reason for the duration for which the war takes place, each leader of a battle has a flag, and this is an issue known at that time, and the continuation of the flying of the flag is an evidence of the strength of the leader of the battle. It is part of the administrative organisation that is required according to the customs of war.

Lamenting the deaths of Zayd, Ja’far and Ibn Rawahah, the Messenger of Allah (pbuh) told the people before the soldiers delivered the news. . أَخَذَ الرَّايَةَ زَيْدٌ فَأُصِيبَ، ثُمَّ أَخَذَهَ ا جَعْفَرٌ فَأُصِيبَ، ثُمَّ أَخَذَهَا عَبْدُ اللَّهِ بْنُ « » رَوَاحَةَ فَأُصِيبَ .

“Zayd took the flag and was martyred, so Ja’far took the flag and was martyred, and so ’Abdullah Bin Rawahah took the flag and was martyred” (reported by Al-Bukhari).

In the same manner, if the war is taking place and the leader of the Army in the battlefield is the Khalifah himself, then it is permitted for the banner to be raised in the battlefield and not simply the flag alone. It is reported in the Sirah of Ibn Hisham that in the major Badr battle, both the banner and the flag were present on the battlefield. It is reported in the Sirah “Ibn Ishaq said: and the banner was given to Mus’ab Bin ’Umayr Bin Hashim Bin ’Abd Manaf Bin ’Abd Al-Dar. Ibn Hisham said: and it was white…and Ibn Ishaq said: and there were two black flags in front of the Messenger of Allah (pbuh) : one with ’Ali Bin Abi Talib which was called Al-’Uqab, and the other with some of the Ansar”.

As for during times of peace, or at the end of the battle, then the flags are distributed in the Army with the divisions, brigades and units raising them…as is mentioned in the narration of Al-Harith Bin Hassan Al-Bakri regarding the Army of Amr Bin Al-’Aas.

The first banner to be tied in Islam was the banner of ’Abdullah Bin Jahsh, and a black flag with a white crescent was tied for Sa’d b. Malik. All of this indicates that it is imperative that the Army has flags and banners, and that the Khalifah is the one who assigns the banners to whomever he assigns over the Army. As for the flags, it is permitted for the Khalifah or the brigadiers to present them. The narration of Umm Salamah that the Messenger of Allah (pbuh) said.

. لأُعْطِيَنَّ الرَّايَةَ غَداً رَجُلاً يُحِبُّ اللَّهَ وَرَسُولَهُ، وَيُحِبُّهُ اللَّهُ وَرَسُولُه ...، فَأَعْطَاهَا « » عَلِيّ اً .

“I will give the flag to a man who loves Allah and His Messenger, and Allah and His Messenger love him ... He gave it ’Ali” shows the permissibility of the Khalifah doing so. The permissibility of the brigadiers presenting the flags to others can be understood from the narration of Al-Harith Bin Al-Hassan Al-Bakri which mentioned. . "وإذا راياتٌ سود" .

“there were black flags”, since its meaning is that there were many flags with the Army while they had a single leader, which was Amr Bin Al-’Aas. Irrespective of whether they were returning from or leaving for an expedition, this means that flags were with the heads of the brigades, and there is nothing to indicate that it was the Messenger (pbuh) who appointed the flags to them. However, it is permitted for the Khalifah to give the brigadiers the power to give the flags to the brigade heads, and this is more appropriate for discipline, even though all of this falls under what is permitted, or in other words, Mubah.

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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