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Introduction to System of Islam10 min readViewed 5 times

6.2.1 Principles of Ruling In Islam


It is of the utmost importance that all in the Ummah understand clearly the principles of ruling and its evidences in the same way in which we work to understand fully all other obligations (furood). However, a few guidelines need to be established before studying the principles of ruling in Islam. For instance, the absence of any single principle will make the system a non-Islamic system. Thus, all the principles have to exist in order for it to be considered an Islamic Ruling System, e.g. if the sovereignty does not belong to the Allah (swt) and the leader forces his own rule on the people, the State can no longer be considered an Islamic State. Simply put, there must be proper conditions laid down that qualify a state to become an Islamic State, otherwise any state could claim illegitimately to be so, as is currently the case with countries such as Saudi Arabia, Iran, Pakistan etc.

The First Principle:

Sovereignty belongs to the Shari‘ah.

An individual does not run the affairs of the Ummah (nation) or those of another individual as he pleases; nor can the Ummah run her affairs as she pleases. The individual and the Ummah’s actions and initiations are subject to Allah’s (swt) commands and prohibitions. Thus, the sovereignty belongs to the Shari‘ah, i.e. the Qur’an and the Sunnah of the Messenger (saw), and not to the Ummah. In other words, no human being has the right to legislate in Islam. Consequently, no law-making body exists in the Islamic ruling system. Evidence of this is abundant from the Qur’an, the Sunnah and Ijma‘ of the Sahabah (Consensus of the companions of the Messenger).

Evidence from the Qur’an:

Allah (swt) has said,.

“The rule is to none but Allah .” [TMQ 6: 57].

“If anyone rules by other than what Allah has revealed they are kafiroon (unbelievers).” [TMQ 5:44].

This clearly proves that the rule, judgement and supremacy are all to Allah (swt) alone.

Evidence from the Sunnah:

The Messenger of Allah (saw) said, “No one among you becomes a believer until his feelings (emotions) are in harmony with what I have brought.”.

The actions of Allah’s Messenger (saw) since the day he was sent, to his death, clearly demonstrate that the supremacy is to the Shari‘ah of Allah (swt).

Evidence from Ijma‘ of the Sahabah:

The actions of the Khulafa‘a Rashidoon (the first four Khulafa‘a) have indicated that the supremacy is to the Shari‘ah and not the people. The Sahabah did not object to this and consented. Their consensus is proof that the supremacy is indeed to the Shari‘ah and nothing else.

Therefore the supremacy is to the Shari‘ah; for the Khaleefah is not given the pledge by the Ummah merely to be a hired man executing just what the Ummah decides - as is the case in the democratic system - he is given the pledge or allegiance by the Ummah to execute the rules of the Qur’an and the Sunnah of the Messenger (saw), i.e. to execute the Shari‘ah Laws and not just what people want; and if the people deviated and disobeyed the Shari‘ah he should fight them until they repented and returned to obedience.

The Second Principle

Authority belongs to the Ummah.

Evidence of this principle can be looked at from two sides:

Firstly: The Shari‘ah has given the right of appointing the Khaleefah to the Ummah; in other words it is the Ummah who chooses the Khaleefah and gives him the pledge of allegiance. This was accomplished by the pledge of allegiance given to him by the Muslims. This is backed by many ahadith from which we list the following:

Ubada ibn al-Samit reported, “We pledged ourselves in complete obedience to the Messenger of Allah in wealth and woe...”.

Jarir ibn ‘Abdullah reported, “I pledge myself in complete obedience to the Messenger of Allah.”.

Abu Hurayrah (ra) reported, “The Messenger of Allah (saw) said: Three types of people Allah will not talk to on the Day of Reckoning, nor would he forgive them; they would be severely punished: A man who has water to spare and would not give it to the traveller, a man who gives his pledge to an Imam but not for his deen - he would only obey him if he gave him what he wanted, otherwise he would not, and a man who would strike a deal with another man after ‘Asr, swearing by Allah that he was given so much for the goods and he was not given so.”.

Secondly: The Shari‘ah allows the Khaleefah to take the authority from the Ummah once it gives him the pledge of allegiance then the Ummah is obliged to obey him for he is a Khaleefah with a bay‘ah (pledge). So the authority is given to the Khaleefah by the Ummah by giving the pledge of allegiance (bay‘ah al-ta‘aa) to obey him. This indicates that the authority is to the Ummah.

Evidence about the Khaleefah taking the authority by a pledge can be deduced from the following: ‘Abdullah ibn ‘Amr ibn al-‘A’as reported that he heard the Messenger of Allah (saw) saying, “Whosoever pledges allegiance to an Imam giving him the clasp of his hand and the fruit of his heart shall obey him as long as he can, and if another comes to dispute with him strike the neck of that man.” (Muslim).

Nafi‘a reported that ‘Abdullah ibn ‘Umar told him that he heard Allah’s Messenger (saw) saying, “Whosoever takes his hand from allegiance to Allah will meet him on the Day of Resurrection without any evidence supporting him and whosoever dies while there was no allegiance on his neck dies a death of the days of ignorance.” (Muslim).

The Third Principle: Appointing one Khaleefah is an Obligation.

The Shari‘ah has made it an obligation on every Muslim to have a bay‘ah for a Khaleefah; the obligation is to fulfil the pledge. Every Muslim should have a bay‘ah on his/her neck. This can only be achieved if a Khaleefah is appointed. The evidences of this principle is derived from the Sunnah and Ijma‘ of the Sahabah.

Evidences from the Sunnah

Many ahadith confirm that Muslims are forbidden from having more than one state and from having more than one ruler (Amir) in the whole world. Following are two ahadith related to this issue:

a. Imam Muslim reported on the authority of Abu Said al-Khudri that the Messenger of Allah (saw) said, “When the bay‘ah has been given for two Khaleefahs kill the latter of them.” (Muslim).

b. Imam Muslim reported on the authority of ‘Abdullah ibn Amr ibn al-‘A’as that the Messenger of Allah (saw) said, “Whosoever pledges allegiance to an Imam giving him the clasp of his hand and the fruit of his heart should obey him as long as he can and if another comes to dispute him you must strike the neck of that man.” (Muslim)

2. The Ijma‘ of the Sahabah.

In the books of Al-Fasil-fi-al Milal by Ibn Hazim, Tarikh of al- Tabari, Al-‘Aqd al-Fareed of Al-Waqidi, Al-Seerah of Ibn Kathir, Al- Sunan al-Kubra‘a of Bayhaqi and Al-Seerah of Ibn Hisham it is reported that Al-Habbab ibn al-Mundhir said when the Sahabah met in the wake of the death of the Messenger of Allah (saw) at the saqifa (hall) of bani Sa‘ida, “One Amir from us and one Amir from you (meaning one from the Ansar and one from the Muhajireen).” Upon this Abu Bakr replied, “It is forbidden for Muslims to have two Amirs (rulers)...”.

The Sahabah heard him and approved and consented; no one disputed the verdict, but submitted to it and accepted it as a law (indication of evidence from the Sunnah). The Ansar then conceded their claim to the Khilafah and al-Habbab ibn al-Mundhir was the first to give his pledge of allegiance to Abu Bakr (ra).

The Ijma‘ of the Sahabah then took effect on the day of al-saqifa that it is an obligation for all Muslims to have one ruler only.

The Fourth Principle

The Khaleefah has the exclusive power to adopt the Divine Laws. He alone enacts the Constitution and various laws.

This principle, derived from the Qur’an, the Sunnah and Ijma‘ of the Sahabah, can be extracted from two different angles:

a. Obedience to the head of the Islamic State is an obligation on Muslims.

b. Looking after the affairs of the Muslims is an obligation on the head of State.

The first point: Obeying the head of the Islamic State is an obligation on Muslims.

This has been clearly confirmed in many Qur’anic verses and ahadith to the point where the Shari‘ah considered the obedience to the ruler as part of the obedience to Allah (swt) and His Messenger (saw). Therefore obeying the ruler entails a reward and disobedience entails punishment.

Following is an evidence from the Qur’an:

“O you who believe! Obey Allah, and obey the Messenger and those of you who are in authority.” [TMQ 4:59].

Evidence from the Sunnah:

Bukhari, Muslim, Abu Daud, al-Nisa‘i and Ibn Majah reported on the authority of Abu Hurayrah (ra) that he heard the Messenger of Allah (saw) say, “Whoever obeyed me he obeyed Allah; whoever disobeyed me he disobeyed Allah, whoever obeyed the Amir he obeyed me and whoever disobeyed him disobeyed me.”.

Bukhari, Abu Daud, Ibn Majah and Ahmad ibn Hanbal reported on the authority of ‘Abdullah ibn ‘Umar that the Messenger of Allah (saw) said, “The Muslim should hear and obey in whatever he liked or disliked as long as he is not ordered to commit a sin. If he were ordered to commit a sin he should neither hear or obey.”.

Bukhari, Muslim and Ahmad ibn Hanbal reported on Ubada ibn al- Samit’s authority that he said, “We pledged ourselves to the Messenger of Allah in complete obedience in wealth and woe, in ease and hardship and evil circumstances that we would not dispute with the people in authority unless a flagrant disbelief (kufr bu‘ah) for which we have clear evidence from the Shari‘ah is witnessed.”.

These Qur’anic verses and ahadith from the Sunnah indicate clearly that obedience to the head of state is an obligation, whether his title were the Khaleefah, the Imam, the Amir of the believers or the person in authority. He must be obeyed for he is the one in authority over the Muslim Ummah.

If the Shari‘ah obliges Muslims to obey the people in authority with the Khaleefah as their supreme ruler his obedience would then be in matters he commands according to the Shari‘ah. He is not to be obeyed in matters that are sinful nor in the event of his changing of the divine laws in any way.

The second point: Looking after Muslims’ affairs is the duty of the head of the State.

The head of the State is the guardian of the Ummah and the trustee of her affairs. He is, by Shari‘ah, entrusted with protecting and looking after the Ummah’s interests. That is why the Ummah gives him the authority to rule by what Allah (swt) has revealed so he works towards enforcing Islam in society and within the State as well as conveying the Islamic Message to the world.

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Chapters (135)
  1. 11.Introduction
  2. 21.1 Islam as a Way of Life
  3. 31.2 The Universal Applicability of Islam
  4. 41.3 Islam for all Mankind
  5. 51.4 The Problems of Secularism
  6. 62 Facts About The Khilafah State
  7. 72.1 Life Before Islam
  8. 82.2 Establishing the First State
  9. 93. The Orientalist Attack
  10. 104. Misconceptions
  11. 115. Humanity at the Cross-roads
  12. 125.1 Why such a mess
  13. 135.2 Democracy
  14. 145.3 Humanity at the Cross-roads
  15. 155.4 The Islamic Creed
  16. 165.5 The Need for Messengers
  17. 175.6 The Challenge of the Qur’an
  18. 185.7 Spiritual & Political
  19. 196. The Ruling System
  20. 206.1 Facts about the Ruling System
  21. 216.1.3 Appointing the Khaleefah
  22. 226.1.5 How Can You Approach
  23. 236.2 The Islamic Ruling System
  24. 246.2.1 Principles of Ruling In Islam
  25. 256.3 The Structure of the Ruling System of Islam
  26. 266.3.1 Departments of Ruling in the Khilafah
  27. 276.4 The Delegated and Executive Assistants to the Khaleefah
  28. 286.4.1 Delegated Assistant
  29. 296.4.2 Executive Assistant
  30. 306.4.3 The Wali and the ‘Aamel of the Provinces
  31. 316.5 The Amir of Jihad
  32. 326.5.1 The External Affairs (Foreign Policy)
  33. 336.5.2 The Military
  34. 346.5.3 The Internal Security
  35. 356.5.4 The Industry
  36. 366.6 The Judiciary
  37. 376.8 The Judiciary
  38. 386.9 Summary Ruling in Islam
  39. 397 The Economic System
  40. 407.1 Facts About the Economic System
  41. 417.2 So, You Want to Buy a House
  42. 427.3 Islam and the Economic Question
  43. 437.3.1 The Economic Problem as Defined by Islam
  44. 447.3.2 Objectives of the Islamic Economic System
  45. 457.3.3 Origin of Ownership
  46. 467.3.4 Types of Property
  47. 477.3.5 Economic Enterprises, Riba (Interest) and Hoarding
  48. 487.3.6 The Role of the State and its policy
  49. 497.3.7 Economic Development
  50. 507.3.9 The Bait al-Mal (State Treasury)
  51. 517.3.11 The Ideal Economic System
  52. 527.4 Summary Economics in Islam
  53. 538 The Social System
  54. 548.1 Facts About the Social System
  55. 558.2 So, You Want to be a Parent
  56. 568.2.1 Growing up in the West
  57. 578.2.2 So why all the problems
  58. 588.2.3 The Islamic Social System Solves the Problems of Parenthood
  59. 598.2.4 The Effect of Society on Your Child
  60. 608.2.5 Rights and Duties of the Parent and the Child
  61. 618.2.6 Your Life as a Parent in the Islamic State
  62. 628.3 The Islamic Social System
  63. 638.3.1 Men and Women in Islam
  64. 648.3.2 Objectives of the Social System
  65. 658.3.3 Principles of the Social System
  66. 668.3.4 Segregation Between Men and Women
  67. 678.3.5 The Public and Private Life
  68. 688.3.6 Khalwa - Seclusion
  69. 698.3.7 Modesty and Lowering the Gaze
  70. 708.3.8 Not Travelling Alone for More than 24 Hours
  71. 718.3.9 Relationships and Marriage ( Nikah)
  72. 728.3.10 Motherhood, Fatherhood and Children
  73. 738.3.11 Conclusion Social System
  74. 748.4 Summary Social System in Islam
  75. 759 The Education System
  76. 769.1 Facts About the Education System
  77. 779.2 What’s Happening to Our Children
  78. 789.3 The Objective of the Education Policy in Islam
  79. 799.3.1 Islamic Curriculum Within the Khilafah
  80. 809.3.2 Education Services of the Islamic State
  81. 819.3.3 The Muslims’ Educational Institutions
  82. 829.3.4 Measures Taken to Prevent Exposure to Kufr
  83. 839.4 Summary Education in Islam
  84. 8410 The Judicial System
  85. 8510.1 Facts About the Judicial System
  86. 8610.2 So you think you’re safe, do you
  87. 8710.2.1 Money Talks
  88. 8810.2.2 Justice under Islam
  89. 8910.2.3 Taqwa - The First Line of Defence
  90. 9010.2.4 The Pressure of Public Opinion
  91. 9110.2.5 Justice in Islam
  92. 9210.3 The Islamic Judicial System
  93. 9310.3.1 Objective of the Judiciary
  94. 9410.3.2 The Hukm of the Judiciary
  95. 9510.3.3 The Responsibilities of the Judiciary
  96. 9610.3.4 The Appointing of Different Types of Judges
  97. 9710.3.5 The Structure of the Judiciary
  98. 9810.3.6 The Conditions Required for the Position of Judge
  99. 9910.3.7 The Appointment of Judges
  100. 10010.3.8 Qadi al-Qada‘a - The Judge of Judges
  101. 10110.3.9 How the Judges are Removed
  102. 10210.3.10 Punishments
  103. 10310.3.11 Conclusion
  104. 10410.4 The Punishment System in Islam
  105. 10510.4.1 The Objectives of the Punishment System
  106. 10610.4.2 Principles of the Punishment System
  107. 10710.4.3 Who is Subject to Punishment
  108. 10810.4.4 The Types of Punishment
  109. 10910.4.5 The Law of Evidence
  110. 11010.4.6 Punishment as the Last Resort
  111. 11110.4.7 Conclusion
  112. 11210.5 Summary Judiciary in Islam
  113. 11311. The Way to Revival
  114. 11411.1 Signs of Revival
  115. 11511.2 The Basis for Revival
  116. 11611.3 The Prophet’s (saw) Method of Establishing Islam
  117. 11711.4 The Need for Political Movements
  118. 11811.5 Changing a Corrupt Society to Islam
  119. 11911.6 Interaction with Society
  120. 12011.7 Seeking Support to Establish the State
  121. 12111.8 The Practical Involvement Necessary Today
  122. 12212. A Vision For The Future
  123. 12312-1 Islam A World Without Borders
  124. 12412.2 Islam - a Cure for Community Strife
  125. 12512.3 Islam - the Economic Life
  126. 12612.4 Luxuries are not Needs
  127. 12712.5 No Free Market
  128. 12812.6 Islam and Education
  129. 12912.7 Islam and the Judiciary
  130. 13012.8 Islam and the Foreign Policy
  131. 13112.9 Muslim Land is One Land
  132. 13212.10 The Global Effect of the Khilafah
  133. 13313. Carrying the Da‘wah of Islam
  134. 13413.1 The Work of the Da‘wah
  135. 13513.2 The Method for Revival

Evidence from the Sunnah:

Bukhari, Muslim, Abu Daud and Tirmidhi reported on the authority of ‘Abdullah ibn ‘Umar that the Messenger of Allah (saw) said, “Each one of you is a guardian and you are all responsible about your guardianship, the Imam is a guardian of the people and he is responsible for his guardianship of the people.”