Quran Course
All BooksDownloads
All BooksDownloadsSystem Of Islam
Also visitSystem Of Islam
Built with love by StudioToronto.ca
Quran Course
All BooksDownloads
All BooksDownloadsSystem Of Islam
0%
The Ruling System in Islam9 min readViewed 1 time

10.2 The mandatory powers of the of the Governor


The Waali has a mandate to rule and to supervise the activities of the various departments within his Wilayah, and this is done on behalf of the Khaleefah. So the Waali enjoys all the powers within his Wilayah except the funds, the judiciary, and the armed forces. He has the Imarah over the people in his Wilayah and is responsible for supervising all matters relating to the Wilayah. However the police would be under his command in terms of the execution only and not in terms of the administration.

This is because the Waali is a deputy of the Khaleefah in the place where He appoints him. He has the same mandatory powers that the Khaleefah has, and He is like the Mu’awin in terms of general supervision (Wilayah ‘Aammah) if his Wilayah were general, i.e. if He was given general supervision in that place. He would have a specific supervisory role, and in matters related to those for which He was appointed, if his Wilayah was specific (Wilayah Khaassah); then in such a case He would have no mandate to examine other matters. The Messenger of Allah (pbuh) used to appoint some people in an unrestricted Wilayah over ruling, others in a general Wilayah (Wilayah ‘Aammah) covering everything, and others to a specific area and with a specific Wilayah. He (saws) sent Mu’az to Yemen and taught Him how to procced. Al-Bayhaqqi, Ahmad and Abu Dawood narrated on the authority of Mu’az that “The Messenger of Allah (pbuh) said to him, when He (pbuh) sent Him to Yemen; ‘How would you rule if a case was presented to you?’ He said; ‘By the Book of Allah.’ He (pbuh) said; ‘What if you do not find it (the verdict) there?’ He replied; ‘I would judge by the Sunnah of Allah’s Messenger.’And He (pbuh) said; ‘What if you do not find it there?’ He said; ‘I would exert an opinion (perform Ijtihad), saving no effort.’ Upon this the Messenger of Allah (pbuh) put his hand on my chest and said; ‘Praise be to Allah Who has guided the Messenger of the Messenger of Allah (pbuh) to what Allah and His Messenger love.’” He (pbuh) also sent Ali bin Abi Talib to Yemen without instructing him, because He was confident about his knowledge and competence. When He (pbuh) appointed Mu’az He assigned the Salah and the Sadaqah to him. He (pbuh) appointed Farwa bin Musayk as an ‘Amil over Murad, Muzhij and Zabeed and He sent with Him Khalid bin Sa’eed in charge of the Sadaqah. All this demonstrates that the Waali has all the mandatory powers of ruling, as is evident by the instructions given to Mu’az and not given to ‘Ali. It also demonstrates that the Messenger of Allah (pbuh) gave some Wulah general Wilayah over the Salah and the Sadaqah, while He gave others a specific Wilayah covering the Salah only, or the Sadaqah only.

However, although the Khaleefah is permitted to appoint a Waali in a general Wilayah, or in a specific one, it has also been confirmed from the general Wilayah given to Mu’awiya that He managed to become independent of the Khaleefah during the days of ‘Uthman, and ‘Uthman’s authority over Him was not apparent. In the wake of ‘Uthman’s death He caused the Fitna (civil strife) due to the mandatory ruling powers given to Him over everything in Ash-Sham. This was also the case during the decline of the Abbassid Khulafaa’ where the Wilayaat became independent and the Khaleefah’s authority over them was reduced to having Dua’a (supplications) performed for Him and the currency engraved with his name. Therefore, giving a general Wilayah causes harm to the Islamic State. Thus, the Waali should be given a restricted Wilayah in a way that would prevent Him from becoming independent of the Khaleefah. Since the main factors contributing to a breakaway would be the armed forces, funds and the judiciary, because the armed forces represent the power, the funds represent the “life blood” and the judiciary demonstrates the safeguarding of the rights and the execution of the penal codes. Therefore the Wulah should be given a specific (Khassah) Wilayah that excludes the judiciary, the armed forces and the funds, Delegating these to the Waali would encourage a potential breakaway and this would undermine the State’s authority. However, because the Waali is a ruler, and because He ought to have the executive power, the police would be under his command, and his Imarah would cover the police force as well as all other domains within the Wilayah, except for the three departments mentioned above. Since the police force is part of the armed forces, its administration should remain under the army command. Nevertheless it would be at the Waali’s disposal in terms of execution.

The Waali is not obliged to report back to the Khaleefah on the tasks He performs according to his Imarah unless if He chooses to do so. If an unusual matter were to arise, He should inform the Khaleefah and wait for his instructions, and then execute what the Khaleefah ordered. If He felt that the matter could not wait and needed immediate action, He should deal with the matter immediately, and then inform the Khaleefah stating his reasons for not consulting Him before taking action.

Regarding the difference between the delegated assistant and the Waali in terms of the necessity that the assistant reports to the Khaleefah on every action He performs, while the Waali needs not to do so, this is because the delegated assistant is a deputy of the Khaleefah himself and a Wakeel (representative) for him, and He performs the Khaleefah’s actions. Hence if the Khaleefah were to pass away the assistant would be removed. This does not apply to the Waali, because the Waali is neither his Wakeel nor deputy for Him personally or does He perform his actions. Therefore, He is not removed once the Khaleefah passes away.

The Messenger of Allah (pbuh) appointed his Wulah without asking them to report back to Him about the duties they performed, and they did not report back to him. They performed their duties on their own initiatives, each one of them ruling over his Imarah as they deemed fit. That was the case with Mu’az, ‘Attab Ibnu Usayd, Al-Ala’ Ibnul-Hadhrami and all his other Wulah. This demonstrates that the Waali does not have to report back to the Khaleefah about any of his duties. In this aspect, He differs from the Mu’awin, as the Mu’awin must report back and consult the Khaleefah in every task He performs, whereas the Waali is not obliged to do so. The Khaleefah in turn must examine every action undertaken by the Mu’awin, but He is not obliged to do the same with the Waali, although He enquires about the situation of the Wulah and review information about them. Therefore, the Waali has an unrestricted course of action within his Wilayah. This is why Mu’az said to the Messenger of Allah (pbuh) when He was sent to Yemen:

“I will exert my own opinion.” This serves as a proof that the Waali does not need to report back nor consult the Khaleefah, but exerts his own opinion. He can consult the Khaleefah and ask for his opinion on important matters, but when it comes to matters that are not important, He would not consult Him lest people’s affairs were delayed. If an unusual matter were to arise, He should refer it to the Khaleefah, because the appointment of the Wilayah is that the Khaleefah delegates to the Waali the Imarah of a country or province over its entire people to carry out the ordinary duties. If an inordinary matter were to arise, He should report to the Khaleefah, unless He feared that some mischief might occur due to the delay in dealing with the matter, in which case He should act at once and then notify the Khaleefah of that matter.

The time period of Wilayah for the person should not be a lengthy period. It would be best to relieve Him if He became established or if people became attracted to his personality.

The Messenger of Allah (pbuh) used to appoint Wulah for a period of time and relieve them, and no Waali remained at his Wilayah during the whole era of the Messenger of Allah (pbuh). This indicates that the Waali should never be appointed permanently, but only for a short spell after which He is removed. However, evidence about the length of this period i.e. whether it should be long or short, has not been determined by the actions of the Messenger of Allah (pbuh). All that is related to this matter is that the Messenger of Allah (pbuh) did not keep a Waali at his post during the whole of his life. It has been established as a fact that He (pbuh) used to appoint the Wulah and then relieve them. However, the Fitna that shook the Ummah was caused by the lengthy period of Mu’awiya’s Wilayah over Ash-Sham during the times of ‘Umar and ‘Uthman. This leads us to the conclusion that a lengthy period of Wilayah could harm the Muslims and the State. This is why the period of Wilayah should not be long.

The Waali should not be transferred from one Wilayah to another, because although his appointment is of a general nature, it is over a specific area. Thus, He should be relieved first and then reappointed.

This was clear from the actions of the Messenger of Allah (pbuh), where He used to remove the Wulah. It has not been reported that He used to transfer a Waali from one place to another. Besides, the Wilayah is one of the types of contracts that are convened with explicit words. So within the contract of Wilayah over a province or a country, the area over which the Waali is to govern must be determined, and He would have the mandate of ruling as long as the Khaleefah does not remove him. If He were not removed from that area He would remain a Waali over it. However if He were transferred to another place this would not remove Him from his first position nor would it make Him a Waali over the new place. This is because his removal from the first place requires a clear word stating that He was removed from the Wilayah there. Appointing Him over the place where He had been transferred requires a new contract of appointment as a Waali specific to that place. This is why the Waali is not transferred from one place to another, but is relieved of his duties from one place and then given a new Wilayah over the new place.

← Previous chapterNext chapter →
Chapters (94)
  1. 1Foreword
  2. 2Introduction
  3. 31 Ruling in Islam
  4. 42 The Islamic State
  5. 52.1 The shape of the ruling system in Islam
  6. 62.2 The shape of the Islamic ruling system is not monarchical
  7. 72.3 The shape of the Islamic ruling system is not republican
  8. 82.4 The shape of the Islamic ruling system is not imperial
  9. 92.5 The Ruling System In Islam Is Not A Federal One
  10. 102.6 The System Of Ruling In Islam Is The Khilafah
  11. 113 The principles of ruling
  12. 123.1 Sovereignty is for Shar’a
  13. 133.2 The authority belongs to the Ummah
  14. 143.3 The appointment of one Khaleefah is obligatory on all Muslims
  15. 153.4 The adoption of laws is the exclusive right of the Khaleefah
  16. 164 The structure of the state
  17. 174.1 The Khaleefah
  18. 184.2 Conditions of the Khaleefah
  19. 194.3 The conditions of preference
  20. 204.4 Contracting of the Khaleefah
  21. 214.5 The verdict on the usurper
  22. 224.6 By which people is the Khilafah contracted
  23. 234.7 Who appoints the Khaleefah
  24. 244.8 The Bay'ah
  25. 254.9 Seeking the Khilafah
  26. 264.10 The method of appointing the Khaleefah
  27. 274.11 Designating or appointing a crown prince
  28. 284.12 Succession to the throne
  29. 294.13 The time term of the Khaleefah
  30. 304.14 The time limit given to the Muslims to appoint a Khaleefah
  31. 314.15 The unity of the Khilafah
  32. 324.16 The mandatory powers of the Khaleefah
  33. 334.17 The Khaleefah’s method of looking after the subjects’ affairs
  34. 344.18 The Khaleefah is restricted in adoption by the divine rules
  35. 354.19 The removal of the Khaleefah
  36. 364.20 The Ummah does not reserve the right to remove the Khaleefah
  37. 374.21 The Court of Unjust Acts is the only body that could legitimately remove the Khaleefah
  38. 385 The Khilafah State is a human state not a theological
  39. 396 Leadership in Islam is singular and not collectivey
  40. 407 The Khaleefah’s assistants
  41. 417.1 The Delegated Assistant
  42. 427.2 The conditions of the Delegated Assistant
  43. 437.3 The conditions required in the appointing of the Delegated Assistant
  44. 447.4 The task of the Delegated Assistant
  45. 457.5 The Executive Assistant
  46. 468 The Ameer of Jihad
  47. 478.1 Foreign affairs department
  48. 488.2 War department
  49. 498.3 Internal security department
  50. 508.4 The department of industry
  51. 519 The Army
  52. 529.1 The divisions of the army
  53. 539.2 The flags and banners of the army
  54. 549.3 The Khaleefah Is The Leader Of The Army
  55. 559.4 Culturing the army in military and Islam
  56. 569.5 The Islamic State is in a continuous state of Jihad
  57. 5710 The Wulat (Wulah) Governors
  58. 5810.1 The appointment and dismissal of the Governors
  59. 5910.2 The mandatory powers of the of the Governor
  60. 6010.3 The Khaleefah should make enquiries about the works of the governors
  61. 6111 Judiciary
  62. 6211.1 Types of judges
  63. 6311.2 The conditions required for the post of judges
  64. 6411.3 The appointment of judges
  65. 6511.4 The forming of tribunal courts
  66. 6611.5 Al-Muhtasib
  67. 6711.6 The mandatory powers of the Muhtasib
  68. 6811.7 Qadhi of Mazaalim
  69. 6911.8 The appointment and the removal of the judges
  70. 7011.9 The mandatory powers of the Mazaalim judge
  71. 7112 The administration system
  72. 7212.1 The administrative system is a style of administration - not ruling
  73. 7312.2 Discharging of interests is part of ruling affairs
  74. 7412.3 The administraion details
  75. 7512.4 The policy of the administration of interests
  76. 7612.5 Those who are eligible to be civil servants
  77. 7712.6 The civil servants are state hired staff
  78. 7813 The Council of the Ummah
  79. 7913.1 The right of the Shura
  80. 8013.2 The rule of Shura
  81. 8113.3 Electing the members of the Council of the Ummah
  82. 8213.4 The membership term of the Council of the Ummah
  83. 8313.5 Membership of the Council of the Ummah
  84. 8413.6 The mandatory powers of the Council of the Ummah
  85. 8513.7 The right of speech and expression of opinion
  86. 8614 Islam must be implemented as a whole. Gradual implementation is Haram
  87. 8715 Islam forbids ruling by a police state
  88. 8815.1 Islam forbids harming the Muslims and spying on them
  89. 8915.2 Obedience to the Muslim ruler who governs with Islam is compulsory
  90. 9015.3 No obedience in sin
  91. 9115.4 Accounting the rulers is Fard upon the Muslims
  92. 9215.5 The ruler who displays flagrant Kufr must be fought against
  93. 9316 Establishing political parties is Fard Kifayah
  94. 9417 The guarantee of the implementation of Islam