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The Ruling System in Islam8 min readViewed 1 time

7.4 The task of the Delegated Assistant


The task of the delegated assistant is to submit to the Khaleefah all the work He intends to perform. He then reports to the Khaleefah what He has executed in terms of decisions and what He has discharged in terms of management and appointment, so that the assistant would not become like the Khaleefah in his powers. Therefore, his job is to submit his review and then execute it, unless the Khaleefah stops Him from doing so.

Evidence for this is the reality of the Mu’awin as a deputy of the Khaleefah. A deputy acts on behalf of the person who appointed Him as his deputy. Thus He does not become independent from the Khaleefah, but rather reviews with Him every action exactly as ‘Umar used to do when He was Wazir to Abu Bakr, where He used to review with Abu Bakr what He intended to perform, then executed it accordingly. Reviewing with the Khaleefah does not necessarily mean that He needs to ask for his permission in every single detail, for this contradicts the reality of the Mu’awin. Rather, reviewing with the Khaleefah means to discuss the matter with him, like for example to appoint a capable Wali to one of the provinces, or remove the complaints of people in terms of food shortages in the market, or any other state affairs. He may also submit a matter to him, in the form of a presentation, which would be sufficient for the Mu’awin in the future to carry out the matter with all its details, without the need for permission to act. However, if the Khaleefah issues orders to stop the carrying out of any issue, then it should not be executed. Hence, the presentation is simply putting forward of a proposal and the consultation with the Khaleefah about it, and it does not mean seeking permission to carry out the task. The Mu’awin can execute the task in question as long as the Khaleefah does not stop Him from doing so.

The Khaleefah should review the actions of the Mu’awin and his management of affairs, in order to approve what is right and redress what is wrong. This is because the management of the Ummah’s affairs is commissioned to the Khaleefah and discharged according to his own Ijtihad.

The evidence for this is the Hadith of responsibility over the subjects where the Messenger of Allah (pbuh) said “The Imam is a guardian and He is responsible over his subjects.” Therefore, the Khaleefah is entitled to the task of government and He is responsible over his subjects, whereas the delegated Mu’awin is not responsible over subjects, but He is merely responsible for his own actions. Thus, responsibility about the subjects is for the Khaleefah alone. Therefore, the Khaleefah is obliged to review the actions of the Mu’awin and his performance in order to fulfil his duty towards his subjects. Besides, the delegated assistant can sometimes make errors, and the Khaleefah has to redress such errors, so He has to review all the assistant’s actions. Therefore, it is for these two reasons: fulfilling responsibility towards his subjects and redressing potential errors made by the delegated assistant, that the Khaleefah is obliged to review all of the Mu’awin’s actions.

If the delegated assistant decided a matter and the Khaleefah approved of it, the Mu’awin could then execute it without any alterations. If the Khaleefah objected to what the Mu’awin had executed, then in this case the matter would be examined. If the Mu’awin had correctly carried out a verdict or if He had spent some funds in the right areas or in certain projects, then the Mu’awin’s opinion comes into force, for, in principle, it is the Khaleefah’s opinion, and the Khaleefah has no right to redress what the Mu’awin had executed in terms of rules or funds He had spent. However, if the Mu’awin had performed other types of actions, such as the appointing of a Wali or the preparation of an army, the Khaleefah has the right to reverse the Mu’awin’s decision and enforce his own and nullify the Mu’awin’s actions. This is because the Khaleefah has the right to redress his own actions so He has the right to redress the actions of his assistant.

This is a description of the way that the Mu’awin follows in performing his actions and of the way that the Khaleefah follows in reviewing the Mu’awin’s actions. It is derived from what sort of actions the Khaleefah is allowed to redress and what actions He is not allowed to redress. This is because the actions of the delegated Mu’awin are considered as actions of the Khaleefah. As an explanation for this, it is allowed for the delegated assistant to rule by himself and to appoint rulers as it is allowed for the Khaleefah. This is because the conditions of ruling have been conferred to him. He is also entitled to investigate complaints or to deputise someone to do so, because the conditions of complaints have been verified for him. He is also entitled to take charge of Jihad by himself, or appoint someone to do so, for the conditions of war have been verified for him. He is entitled to execute orders He has decided upon or to deputise someone to execute them on his behalf, for the conditions of voicing an opinion and management are conferred to him. However, this does not mean that the Khaleefah can’t reverse whatever the Mu’awin performed as long as He had been briefed about it. It means rather that He possesses the same powers as the Khaleefah, but He acts on his behalf and not independent of him. Therefore, the Khaleefah is entitled to disagree with the Mu’awin and redress what has been executed or reverse any of his actions, bearing in mind that this applies only to the sort of actions that the Khaleefah could redress of his own actions. If the Mu’awin had executed a rule correctly or spent funds in the right areas, then the Khaleefah’s objections would carry no weight and the Mu’awin’s decision would be executed. This is because in principle, it is the Khaleefah’s own decision and in such cases He himself could not reverse his decision or nullify what He himself had executed, hence, He could not reverse his Mu’awin’s action. However, if the Mu’awin had appointed a Wali, an administrator, an army commander or any other appointee or if He had laid down an economic strategy, a military plan or an industrial programme or any similar undertaking, then the Khaleefah is allowed to nullify it. This is because, although they are considered as being the Khaleefah’s opinions, they fall under the category of decisions that the Khaleefah is entitled to redress even when done by him. Accordingly, He could do likewise with his Mu’awin’s decisions. So in this category, it is allowed for the Khaleefah to nullify the actions of the Mu’awin. The basic rule concerning this would be as follows: Any action that the Khaleefah is allowed to redress of his own actions, He is entitled to redress in a like manner if performed by his Mu’awin; and every action the Khaleefah cannot redress of his own actions, He is not allowed to redress if performed by his Mu’awin.

The delegated Mu’awin is not designated to a particular department, like the education department for example; nor a particular action, like the preparation of an army and its weaponry systems, because his appointment is general. He also does not carry out administrative matters, but He has like the Khaleefah, a general supervision over them. If He had been appointed as such then the Wizara (the assistantship) would not be conferred to Him by this appointment nor will He be assistant to the Khaleefah in the matter in which He was appointed. This is because such a contract is specific and thus does not include general supervision, which is a condition in appointing the delegated assistant. As for the appointment of the Supreme Judge, this is not considered an appointment of an assistant to the Khaleefah in the Judiciary, but an appointment of a Wali with a specific Wilayah in other than the ruling; like the Imarah of the army, or the Imarah of the Sadaqat and the like. Such posts would be convened like those of the Wilayahs, not like the appointment of the Mu’awin-ut-Tafweedh. Hence the supreme judge is an Ameer, with a mandate to appoint Judges and to examine the judicial matters, and to judge between people, but He is not an assistant. Therefore, it would be wrong to confine the delegated assistant to a particular department. If He were confined to a particular department, his contract would be null and void. In order for the appointment of the delegated assistant to be valid, it must be a contract i.e. it should be expressed in clear wording that contains two conditions: one would be its generality and the second is the deputyship. By limiting Him to a certain department would make Him miss one of the two conditions of his contract, and accordingly the contract of his employment would be nullified. In addition to this, He is not allowed to practice the administrative matters; this is because those who practice administrative matters are civil servants not rulers. Since the delegated assistant is a ruler, not a civil servant, and his (assistants’) functions are to look after the affairs, He is not to perform the functions that the civil servants are employed to perform.

This is the reason why He does not run the administrative matters. It does not mean, however, that He is prevented from carrying out any administrative action; rather He is not confined to administrative functions, but is given a general responsibility.

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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