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The Ruling System in Islam7 min readViewed 1 time

4.17 The Khaleefah’s method of looking after the subjects’ affairs


The Khaleefah has the absolute authority to manage the citizens’ affairs according to his own opinion and Ijtihad. However, He is forbidden from violating any Shari’ah rule under the pretext of benefit (Maslaha). For instance He cannot prevent the subjects from importing goods under the pretext of protecting the local industry unless it actually harms the economy of the country. He cannot also set prices for the people under the pretext of preventing exploitation. He also cannot force landlords to rent their properties under the pretext of easing housing, unless there was a pressing need for that, or any other policy that violates the Shari’ah rules. He is, therefore, forbidden from prohibiting a Mubah action, or allowing a Haram one.

This is because of what the Messenger of Allah (pbuh) said:

“The Imam is a guardian and He is responsible over his subjects.” It is also because of the rules that the Shar’a gave to the Khaleefah, like his managing of the funds of Baitul-Mal according to his own opinion and Ijtihad, and like forcing of the people to abide by one specific opinion in one matter, and the like. This Hadith gives him the right of exercising his total authority without any restriction whatsoever. The management of the treasury, the adoption of laws, the organising and training of the armed forces and the appointing of Wulah and other powers given to the Khaleefah, all these powers are not subject to any restriction. This proves that the Khaleefah looks after the affairs of the subjects as He deems fit without any restrictions, and obedience to him in all such matters is compulsory and disobedience to him is a sin. However, running of the subjects’ affairs has to be performed according to the Shar’a rules, namely according to the Shari’ah texts. The powers, although they are absolute, but are restricted by Shar’a only, that is to be according to the Shari’ah rules. For instance, although the Khaleefah has the powers to appoint the Wulah as He deems, He cannot appoint a disbeliever or a child or a woman as Wali for Shar’a has forbidden this. He also, for instance, has the powers to allow the opening of embassies of disbelieving countries in territories under his authority and this power is unrestricted. It would however be wrong for him to allow the opening of an embassy of a disbelieving state which intends to use the embassy as a tool to dominate the Islamic lands, for Shar’a forbids this. He also for instance has a free hand in deciding the details of the budget and the amounts needed for each section. However, He cannot endorse a project of building a dam while the revenues of the treasury are not enough for it, under the pretext that He collects taxes to build the dam. This is because if the dam is not indispensable, then it is wrong according to Shari’ah to impose taxes to build it. The Khaleefah is thus given a free hand by the Shar’a in governing the Ummah’s affairs according to what Shar’a allows him. However, this freedom of management is conducted according to the Shar’a rules. Furthermore, having unrestricted powers in running the government does not mean that the Khaleefah can enact laws that He wants to manage the affairs of the state. Rather, it means that what is left for his disposition it is Mubah for him to dispose of it according to his opinion, in whatever way He deems fit. So He can adopt the rule in the matter in which He is allowed to act according to his own opinion, and obedience to him in this rule becomes compulsory. This is because the Shar’a gives him the authority to act according to his own opinion, and commands us to obey him. Thus He has the right to enact such adopted opinion as a law by which people must abide. He, for instance is allowed to manage the treasury according to his own opinion and Ijtihad, and people are commanded to obey him in that. He, therefore, has the right to enact the laws of the treasury that, accordingly, must be obeyed. He also has the power to head the armed forces and to run the affairs of the army, and according to his own opinion and Ijtihad, and people must obey him in that. Thus He has the right to enact laws for the army leadership, and for administering the army accordingly, and obedience to such laws becomes binding. The Khaleefah has the right to run the affairs of the citizens according to his own opinion and Ijtihad, and to appoint those who run these affairs according to his own opinion and Ijtihad, and people have to obey him in that. So He has the right to enact laws to administer the departments and laws for the employees. Accordingly, these laws must be obeyed. Therefore, everything that is left to the Khaleefah to act upon according to his own opinion and Ijtihad, and is part of his mandatory powers, He has the right to adopt and enact laws for such matters; and compliance with such laws is compulsory. It is not correct to conclude that all styles are mubah in essence for everyone to choose. So the Khaleefah is forbidden from specifying a particular style and making it compulsory, for this would be considered as making the Mubah action compulsory, since forcing the execution of the Mubah is equivalent to making the Mubah compulsory, and making the Mubah Haram by preventing the other styles, a matter which is not allowed. It would be wrong to say this because although Mubah is a style in essence, the styles of managing the treasury are Mubah for the Khaleefah only and not to other people. Likewise, the styles of running the armed forces are Mubah for the Khaleefah only and not for the people. The same is true with running the affairs of the citizens’ affairs. These are exclusively Mubah for the Khaleefah and not for all the people. Therefore, the obligation of abiding by the Mubah does not make this Mubah as Fard. It is rather making obedience compulsory in the matters which the Shar’a has allowed the Khaleefah to enact according to his own opinion and Ijtihad, i.e. in what He chose of opinion and Ijtihad to manage the affairs. Though it is Mubah that the Khaleefah obliged its execution and prevented other than it, it is however a Mubah for the Khaleefah to manage the affairs according to it, because managing the affairs is his duty, and it is not Mubah for management by all the people. Therefore, the obligation of abiding by the Mubahaat which the Khaleefah has adopted for managing the people’s affairs in the matters which the Shar’a has given him powers to conduct according to his own opinion and Ijtihad, is not considered as if the Khaleefah had made the Mubah as Fard and the Mubah as Haram. It is rather making obedience compulsory in the matters which the Shar’a has allowed the Khaleefah to enact according to his own opinion and Ijtihad. So every Mubah the Khaleefah chose to manage the affairs becomes obligatory upon every citizen to abide by. Based on this ‘Umar ibn al-Khattab laid down dawawin, and based on this the Khulafaa’ enacted certain regulations for their ‘Amil and for the subjects and they obliged them to act upon such regulations and execute them exclusively. Therefore, it is allowed for the Khaleefah to draw up the administrative laws and all the other laws of such nature. His obedience in such laws is compulsory, for it is an obedience to the Khaleefah in whatever He orders in matters which are within the mandate given to him by Shar’a.

However, this only concerns the Mubah relating to looking after the affairs, namely in whatever matter the Khaleefah is allowed to conduct according to his own opinion and Ijtihad. This is in matters such as organising the administration of the state’s departments, the organising of the armed forces and other similar matters. It does not apply to all Mubah matters, but only in what has been made Mubah to the Khaleefah, in his capacity as a Khaleefah. As for the other rules like the Fard, Mandub, Makruh, Haram and Mubah which relate to all the people, the Khaleefah is restricted by the Shar’a rules regarding them, and He is absolutely forbidden from violating them. For Al-Bukhari and Muslim narrated from ‘Aiesha  that the Messenger of Allah (pbuh) said:

“Whoever inserted anything in this our matter (Deen) that is not part of it, it is rejected.” This is a general text that includes the Khaleefah and others.

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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