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The Institutions of State in the Khilafah 5 min readViewed 2 times

13.2 The duty of taking to task


The right of accounting:

The Muslims have the right to be consulted by the Khalifah and they must also account the rulers regarding their actions and practices. Allah (S.W.T ) obliged the Muslims to account the rulers, and He commanded them in a decisive way to account them and change them if they transgressed against the rights of the citizens, failed in their duties towards them or neglected any of her affairs, or violated the rules of Islam, or governed by other than the rules of Allah. It was narrated by Muslim from Umm Salamah (ra) that the Messenger of Allah (PBUH) said: .

"There will be amirs, you would agree on some of what they do and reject some. So, whoever acknowledged (the truth of what they do) he would be free (of sin), and whoever rejected (the wrong) he would be safe (of responsibility), but what about the one that accepted and followed? (He would not be safe). They said: Should not we fight against them? He said: No, as long as they pray." .

Prayer here is indication of ruling by Islam. .

Muslims, led by ‘Umar, denied the decision of Abu Bakr regarding the fight against the apostates when the issue first arose. .

Al-Bukhari and Muslim narrated from Abu Hurairah, he said: .

"When the Messenger of Allah (PBUH) passed away, and Abu Bakr (ra) became Khalifah and some Arabs apostasised, ‘Umar (ra) said: How do you fight against the people when the Messenger of Allah (PBUH) said: .

'I have been commanded to fight against the people till they say la ilaha illa Allah. Whoever said it he would have protected from me his wealth and blood except for its due right, and his account will be with Allah.' [Bukhari, Sahih, #2946]. .

Abu Bakr replied, “By Allah, I will fight against the one that differentiated between the prayer and the Zakah, for the Zakah is a right due on the wealth. By Allah, if they refused to pay me the young she-goat they used to pay to the Messenger of Allah (PBUH); I would fight against them for refusing to pay it.” ‘Umar (ra) said, “By Allah, it was Allah that soon opened the heart of Abu Bakr, so I knew it was the truth.".

Bilal ibn Rabah and Al-Zubayr and others have also rejected that ‘Umar should not divide the land of Iraq among the fighters. A Bedouin also denied that ‘Umar should protect some land. Abu ‘Ubayd narrated in Al-Amwal from ’Aamir ibn Abdullah ibn Al-Zubayr, from his father that he said: "A Bedouin came to ‘Umar and said, ‘O amir ul-mu'minin. It is our land in jahiliyyah which we fought for, and we embraced Islam while we were owed it; so why do you protect it?” ‘Umar bowed his head, and started to blow and twist his moustache. He used to twist his moustache and blow when something worried him. When the Bedouin saw that of him, he started to repeat the question to him. ‘Umar said, “The wealth belongs to Allah, and the people are the servants of Allah. By Allah, if I do not assume the burden of something fi sabi lillah I would not have protected an inch of land". ‘Umar had then protected some of the public property lands for the horses of Muslims (used in jihad). A woman also challenged his forbiddance to the people of taking more than four hundred dirhams as mahr. She said to him, “You have no right in that, O ‘Umar. Have you not heard the saying of Allah (S.W.T)? .

"And you have given one of them a sum of money (however great), take nothing from it".” [TMQ 4: 20].

He responded by saying, “A woman said the right and ‘Umar made a mistake.” .

’Ali (ra) also contested ‘Uthman (ra) when he was amir al-mu'mineen in his view of completing the hajj and umrah. Ahmad narrated through sound isnads from Abdullah ibn Al-Zubayr that he said: "We were with ‘Uthman in Al- Juhfah, while some people from Al-Sham were with him including Habib ibn Maslamah Al-Fahree. ‘Uthman said when it was mentioned to him content with (tamattu') umrah till hajj, “The best for hajj and umrah not to be both in months of hajj. It would be better to delay this umrah till you visit this house twice, for Allah (S.W.T ) made it spacious for goodness.” Ali ibn Abu Talib was in the valley feeding his camels. He got knowledge of the view of ‘Uthman, so he came till he stopped before ‘Uthman and said: “Do you turn to a Sunnah recommended by the Messenger of Allah (PBUH) and a permission (rukhsah) Allah (S.W.T ) allowed to the servants in His Book, you restrict it to them and you forbid it, when it was permitted to a person of a need and to a person of distant home?” ‘Uthman turned to the people and said, “Did I forbid it? I did not forbid it. It was only a view I advised; so whoever willed he can take it, and whoever willed he can leave it".” .

Therefore, the council of the Ummah has the right of shura and is obliged to account. .

The difference between the shura and accounting is thus clear. Shura is seeking an opinion or listening to it before taking the decision; whilst accounting is objection after taking the decision or execution of the work.

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Chapters (68)
  1. 11 Forward
  2. 22 Introduction
  3. 33 The Instutions of State in the Khilafah (in ruling and administration)
  4. 44 The Khalifah
  5. 54.1 The title
  6. 64.2 Necessary conditions
  7. 74.3 Preferred condition
  8. 84.4 The method of appointing the Khalifa
  9. 94.5 Practical measures taken for the Khalifah’s appointment and bay’ah
  10. 104.6 The provisional Khalifah
  11. 114.7 The nominees’ shortlist
  12. 124.8 The method of Bay’ah
  13. 134.9 The Khilafah’s unity
  14. 144.10 The Khalifah’s mandatory powers
  15. 154.11 The Khalifah is restricted to the Shari’ah rules regarding adoption (enacting of laws)
  16. 164.12 The Khilafah state is a human not a theological state
  17. 174.13 The time term of the Khalifah
  18. 184.14 The dismissal of the Khalifah
  19. 194.15 The time limit for the appointment of a Khalifah
  20. 205 The delegated assistants (mu’awin al-tafwid)
  21. 215.1 The conditions of the delegated assistants
  22. 225.2 The mandatory powers of the delegated assistants
  23. 235.3 he appointment and dismissal of the delegated assistants
  24. 246 The executive assistants (mu’awin al-tanfidh)
  25. 257 The governors (wulah)
  26. 267.1 Examining the activities of the governors
  27. 278 Jihad
  28. 288.1 Firstly: The army
  29. 298.2 Secondly: The internal security
  30. 308.3 Thirdly: The industry
  31. 318.4 Fourthly: The international relations
  32. 328.5 Fifthly: Amir of Jihad – War department (The army)
  33. 338.6 The army divisions
  34. 348.7 The Khalifah is the army’s leader
  35. 358.8 Sixthly: The Internal Security
  36. 368.9 Seventhly: The Foreign Affairs
  37. 378.10 Eighthly: The Industry
  38. 389 The Judiciary
  39. 399.1 The types of judges
  40. 409.2 The conditions of the judges
  41. 419.3 The appointment of the judges
  42. 429.4 The judges’ means of living
  43. 439.5 The formations of the tribunals
  44. 449.6 Al-muhtasib
  45. 459.7 The mandatory powers of al-muhtasib
  46. 469.8 The Judge of al-Mazalim (grievances)
  47. 479.9 The appointment and dismissal of the judges of al-Mazalim
  48. 489.10 The mandatory powers of the judges of al-Mazalim
  49. 499.11 The contracts, transactions and court verdicts before the establishment of the Khilafah
  50. 5010 The administration system (the people’s affairs)
  51. 5110.1 The administrative system is a style of management not ruling
  52. 5210.2 The policy of affairs management
  53. 5310.3 Those who are eligible to be civil servants
  54. 5411 Bayt al-mal (the state treasury)
  55. 5512 I’lam (the information)
  56. 5612.1 The authorization of forms of media
  57. 5712.2 The information policy of the state
  58. 5813 The Ummah’s council (shura and Accounting)
  59. 5913.1 The right of shura
  60. 6013.2 The duty of taking to task
  61. 6113.3 The election of the members of the Ummah’s council
  62. 6213.4 The method of electing members of the Ummah’s council
  63. 6313.5 The membership in the Ummah’s council
  64. 6413.6 The term of membership in the Ummah’s council
  65. 6513.7 The mandatory powers of the Ummah’s council
  66. 6613.8 The right of expression and voicing an opinion without impediment
  67. 6714 The Flags and Banners
  68. 6815 The Anthem of the Khilafah State