Abin da yake ƙarƙashin nauyin Ƙasa, ba ƙarƙashin nauyin mutum ɗaya ba:
That Which Falls Under The Responsibility Of The State And Not Under The Responsibility Of The Individual:
1) Kafa Hukuncin Hudud (Hukunce-hukuncen da aka Ƙayyade):
1) The Establishment Of The Hudood (proscribed Punishments):
Ana sananne cewa ɗan Adam ba mala'ika ba ne, kuma ba mutum-mutumi ba ne, a'a, shi halitta ce ta zamantakewa wadda ake jarrabawa da alheri da sharri. Yana da yiwuwar a ruɗe shi, ƙafafunsa su karkace, Shaiɗan ya rinjaye shi har ya aikata take, zunubi, ko ya gaza wajen cika wata farilla, ko ya yi wa wani zalunci. To wa zai hukunta shi ko ya hana shi, ya sa shi ya daina? Misali, shin yana cikin haƙƙin uba ya aiwatar da hukunce-hukuncen Hudood a kan ɗansa mai yin zina ko sata? Babu wani Musulmi da ya taɓa cewa hakan halal ne. Wannan kuwa saboda an sani daga Addini Bid-Daroorah (ta hanyar zama wajibi) cewa kiyaye ƙungiyar al'umma, kawo ƙarshen rigingimu, kiyaye haƙƙoƙi da ɗaure daidaikun mutane su bi dokoki, ba sa cikin nauyin mutum ɗaya, a'a, aikin mutumin da aka wakilta a madadin Musulmi ne, wato ya ɗauki nauyin waɗannan al'amura, watau nauyin Nizhaam (tsarin mulki) da waɗanda ke da alhakin aiwatar da Nizhaam (tsarin). Wannan saboda waɗannan al'amura wajibi ne a kan Ummah baki ɗaya, don haka Musulmi suke naɗa Khalifah a madadinsu, domin ya ɗauki nauyin aiwatar da abin da aka wajabta musu a matsayinsu na ƙungiya ɗaya. Don haka shi (Khalifah/wakili) ne ke da alhakin aiwatar da maganar Allah (SWT):
It is known that the human being is not an angel or a robot but rather he is a social being who is tested by good and bad. He has the potential to be seduced, for his feet to buckle, for Shaytaan to overcome him so that he commits a violation, a sin or falls short in his fulfilment of an obligation, or aggresses against another. So who then will discipline him or prevent him and make him refrain? So for instance, is it the right of the father to implement the Hudood upon his fornicating or thieving son? None of the Muslims have ever said that this is permitted. This is because it is known from the Deen Bid-Daroorah (By necessity) that the safeguarding of the collective group, dispersing of the disputes, the safeguarding of rights and binding the individuals to abide by the laws, do not fall under the responsibility of the individual but rather they are the task of the person whom has been delegated on behalf of the Muslims to assume the undertaking of these affairs i.e. it is the responsibility of the Nizhaam (regime) and those responsible for implementing the Nizhaam (system). This is because these matters are obligatory upon the Ummah as a whole and as such the Muslims appoint a Khalifah on their behalf, to assume on their behalf the implementation of that which has been obliged upon them, in their description as a collective group. So he (the Khalifah/deputy) is responsible over the implementation of the speech of Allah (swt):
Mazinaciya da mazinaci, ku yi wa kowannensu bulala ɗari (An-Nur 2).
The female fornicator and the male fornicator lash each one of them with one hundred lashes (An-Noor 2).
Wannan kuwa duk da cewa waɗanda ake magana da su gamayyar Musulmai ne, kamar yadda Ubangiji (SWT) ya ce: "Kuma ɓarawo namiji da ɓarawo mace ku yanke hannayensu" (Al-Ma'idah 38). Kuma babu wani mutum da yake da ikon aiwatar da hukuncin ko yin hukuncin Hadd a kan duk wanda ya karya doka sai dai idan an ba shi izini a madadin Musulmai baki ɗaya, ko kuma idan Khalifah, a matsayinsa na wakilin Musulmai, ya ɗora wa wani mutum wannan aiki. Saboda haka, hakkin Khalifah ne ya kare wannan ɓangare na dangantakar jama'a gabaɗaya da abin da wannan gamayya ke aikatawa, kamar yadda Allah (SWT) ya faɗa: "Kuma a cikin Al-Qisaas akwai rayuwa a gare ku, ya ku masu hankali, don ku sami Taqwa" (Al-Baqarah 179).
"This is despite those being addressed are the collective of the Muslims, similar to His speech (swt): 'And the male thief and female thief cut off their hands' (Al-Maa’idah 38). And no individual has the right to enforce the punishment or to apply the Hadd punishment upon any violator unless he has been deputized on behalf of the Muslims as a whole or by a person the Khalifah in his role as the deputy of the Muslims has entrusted to undertake it. Therefore, it is the responsibility of the Khalifah to safeguard this section of the general public relationships and what this collective does as Allah (swt) has stated: 'And you have in Al-Qisaas life, O those of understanding, so that you may attain Taqwa' (Al-Baqarah 179)."
2) Kula da Al'amuran Ƙungiyar Gaba ɗaya a Matsayinta na Ƙungiya
2) Taking Care Of The Affairs Of The Collective Group In Their Description As A Collective Group:
It is well known that the collective group (i.e. the society) requires affairs and facilities or utilities that must be established amongst them and taken care of. These have been made obligatory by Allah (swt) upon the Muslims in their description as a collective grouping, and He (swt) has made it the responsibility of the caretaker of the collective and not from the responsibilities of the individual or the responsibility of a group of individuals. This is like bringing the public utilities like roads, town squares, schools and hospitals, in addition to taking care of the interests like securing the means of communication like telegraphs and mail, and the development of the natural resources and distributing them, which includes extracting the natural resources, minerals and oil amongst other materials. This also includes taking care of the wealth and public properties amongst other matters that relate to the facilities, utilities and interests of the people. So is it permissible for the individual, or obligatory upon him, to engage in the undertaking of these matters without holding any central responsibility over them? Have they been delegated on behalf of the Muslims, or been delegated by the deputy of the Muslims (i.e. Khalifah) to undertake the caretaking of these matters? And when we present the components of the individual, then does knowledge over these matters and their undertaking fall within these components, and do they represent a part of them? Does the correctness of the individual and his uprightness lead to the regulation of these relationships, and does it lead to the securing of these utilities and interests? Or is it essential for there to exist a body or organ that has been delegated and entrusted by the one whom the Muslims have delegated and deputised, in order to assume the responsibility of taking care of these affairs and to secure the Muslim utilities?
It is well known that the collective group (i.e. the society) requires affairs and facilities or utilities that must be established amongst them and taken care of. These have been made obligatory by Allah (swt) upon the Muslims in their description as a collective grouping and He (swt) has made it the responsibility of the caretaker of the collective and not from the responsibilities of the individual or the responsibility of a group of individuals. This is like bringing the public utilities like roads, town squares, schools and hospitals in addition to taking care of the interests like securing the means of communication like telegraphs and mail and the development of the natural resources and distributing them, which includes extracting the natural resources, minerals and oil amongst other materials. This also includes taking care of the wealth and public properties amongst other matters that relate to the facilities, utilities and interests of the people. So is it permissible for the individual or obligatory upon him to engage in the undertaking of these matters without holding any central responsibility over them. Have they been delegated on behalf of the Muslims or been delegated by the deputy of the Muslims (i.e. Khalifah) to undertake the caretaking of these matters? And when we present the components of the individual, then does knowledge over these matters and their undertaking fall within these components and do they represent a part of them? Does the correctness of the individual and his uprightness lead to the regulation of these relationships and does it lead to the securing of these utilities and interests? Or is it essential for there to exist a body or organ that has been delegated and entrusted by the one whom the Muslims have delegated and deputised in order to assume the responsibility of taking care of these affairs and to secure the Muslim utilities.
3) Kare tsaron Musulmi a cikin gida da waje:
3) Protecting the security of the Muslims internally and externally:
Shin alhakin kiyaye tsaron cikin gida yana kan mutum ɗaya ne, har ya zama shi ne yake matsayin ’yan sanda da alƙali, yana bin masu laifi da waɗanda suka fita daga doka? Ko kuwa akwai wata hukuma ko cibiya ta musamman da take ɗaukar wannan aiki? Wannan saboda an san cewa a cikin kowace al’umma, ko da yaya ta kai ga ci gaba da girma, za a sami waɗanda suke keta abin da mutane suka amince da shi na al’adu, waɗanda suka samar da dokokin da suke tsara rayuwarsu. Kuma idan wannan gaskiya ta kasance mai yiwuwa sosai, to wajibi ne a sami wata hukuma ko cibiya ta musamman da take yaɗa tsaro da natsuwa a zukatan mutane, ta hanyar tabbatar da amincinsu da kariyarsu, da dukiyoyinsu, da mutuncinsu, da haƙƙoƙinsu. Wannan dangane da tsaron cikin gida ke nan. Amma game da tsaron waje, shi ana kiransa ‘Himaayat Ath-Thugoor’ (Kare wuraren da abokan gaba zasu iya kai hari daga gare su). Wannan saboda duk wata ƙungiyar siyasa da take mamaye yanki na ƙasa, mai iyakoki sanannu, tana kewaye da wasu ƙungiyoyi, kuma sakamakon hakan a rayuwar mutane da al’ummomi shi ne rikice-rikice da gasa su kan faru, wanda zai iya kai wa ga yaƙe-yaƙe da fitina. Kamar yadda aka ce: ‘Idan ba kai ba ne kerkeci, to kerkeci zai cinye ka’. Duk al’ummar da ba ta iya kare iyakokinta da wuraren kariyarta ta wata hanya ko wata, za a mamaye ta da wata ƙasa, ko a raba ta tsakanin maƙwabtanta, ko a tilasta mata ta mika wuya ga ikon ɗaya daga cikinsu, kuma babu tserewa daga wannan. Wannan gaskiya ce da ake ji kuma ake gani a yau, kamar yadda ta kasance a tarihi, domin wannan ita ce dabi’ar mutane da al’ummomi. Don haka, shin yana cikin abubuwan da mutum ɗaya ya ƙunsa da halittarsa ya zama soja, kuma ya wakilci runduna da ke iya kare iyakokin ƙungiyar siyasa da yake cikinta? Idan haka ne, to ba a samu wannan ba cikin nazarin abubuwan da ke tattare da mutum ɗaya da abubuwan da ke samar da daidaitarsa da lafiyarsa ba. Saboda haka, wanda ke da alhakin kiyaye tsaron cikin gida da kare iyakoki daga waje shi ne wanda Musulmi suka wakilta suka ba shi izini a madadinsu don aiwatar da abin da suka danƙa masa, bisa ga siffarsu a matsayin jama'a gabaɗaya. Don haka yana da alhakin shirya da tanadar 'yan sanda da hukumar tsaro ko ƙungiyar da ke kiyaye tsaron cikin gida, kuma yana da alhakin shirya da tanadar sojoji da kuma magance abokan gaba. Wannan kuwa alhali kuwa gamayyar Musulmi ce aka yi wa wannan magana a matsayinta na jama'a gabaɗaya, lokacin da Allah (SWT) ya yi musu magana da cewa:
Is it the responsibility of the individual to undertake the safeguarding of the internal security? So that they assume the role of the police and the judiciary and chase after the criminals and those who go outside of the law? Or is there a specific organ or institution that assumes this role? This is because it is known that within any society whatever its level of elevation and the heights it reaches, that there will be those who violate what the people have agreed upon in terms of customs that have formulated laws that regulate their lives. And in the high probability of the existence of this reality, then it is necessary for there to be a specific body or institution present that spreads security and tranquillity within the hearts of the people by securing the safety and protection of them, their properties, possessions, dignities and rights. This in regards to the internal security and as for the external security, it is known as ‘Himaayat Ath-Thugoor’ )Protecting the areas where the enemy can attack from). This is because any political entity that occupies an area of land, with known borders, is surrounded by other entities and a natural result of that within the life of people and societies is for disputes and rivalries to occur, which could lead to the occurrence of wars and strife. It is like someone stated: ‘If you are not a wolf then you will be eaten by wolves’ so any society that is not capable of protecting its borders and vantage points by one means or another will be invaded by another state, divided amongst its neighbours or made to submit to the authority of one of them and there is no escaping from this. This is a sensed witnessed reality today as it has been throughout history, as this is the nature of people and societies. As such, is it from the individual’s components and makeup to be an army and to represent a force that is capable of protecting the borders of the political entity that he is a part of? If it is so, then this was not found in the study of the components of the individual and the factors that achieve his uprightness and soundness. Therefore the one responsible for safeguarding the internal security and protecting the borders externally is the one whom the Muslims have delegated and deputised on their behalf to undertake that which they have entrusted him with, in their description as being a collective grouping. As such he has the responsibility of preparing and readying the police and security institution or organ that safeguards the internal security and he is also responsible for the preparation and readying of the army and to deal with the enemy. This is whilst it is the collective grouping of the Muslims who have been addressed with this in their description as a collective grouping when Allah (swt) addressed them with:
4) Ɗaukar da'awa:
4) The carrying of the Da’wah:
Dangane da kowace ƙungiyar akida da kuma kowane mutum da ke ɗauke da wata fahimta ko akida wadda yake imani da ita, wannan fahimta ba za ta iya kasancewa a ɗaure cikin wanda ya riƙe ta ba. Wannan saboda akida tana ɗauke da cikin tsarinta, ma'ana a tushenta, wajabcin yaɗa ta da bayanin hanyar isar da ita ga mutane, baya ga hanyar kafa ta a zahirin rayuwarsu. Waɗannan su ne abubuwan da ke cikin kowace akida, kamar yadda muka riga muka ambata kuma muka bayyana, inda muka ce akida akida ce ta hankali wadda daga cikinta ake samun tsari. Mun kuma ce akida tunani ne game da rayuwa, da kuma tafarki na aiwatarwa.
In regards to every ideological society and indeed every individual who carries an idea or an ideology that he believes in, this idea will not be able to remain imprisoned within the one who holds it. This is because the ideology carries within its folds and indeed its bases the obligation to spread it and the explanation of the manner of carrying it to the people, in addition to the manner of establishing it in the reality of their lives. This is because these are the components of any ideology as we have previously mentioned and explained where we stated that the ideology is an intellectual Aqeedah from which a system emanates. And we have also stated that it is a Fikrah (thought) about living and a Tareeqah (method) of implementation.
Fikrah (tunani) ya ƙunshi:
The Fikrah(thought) comprises of:
a) Akidar (imani) na akida (Mabda').
a) The Aqeedah (belief) of the ideology (Mabda’).
b) Hanyoyin magani ko mafita da ke fitowa daga akidar wannan mazhaba waɗanda ke magance matsalolin rayuwa.
b) The treatments or solutions that emanate from the ideology’s Aqeedah that treat the problems of life.
c) Yada da’awa ta isar da akida da kuma yin imani da ita.
c) The carrying of the Da’wah to embrace the ideology and believe in it.
Game da Tariqah (hanya) ta aiwatar da shi da kuma kiyaye shi, mun riga mun bayyana cewa wannan ya ƙunshi:
As for the Tareeqah (method) for its implementation and its preservation then we have stated that this comprises of:
a) Kiyaye ko tsare Aqeedah ta akida.
a) The preservation or safeguarding of the Aqeedah of the ideology.
b) Hanyar aiwatar da kowane magani ko mafita daga cikin mafitun da ya zo da su.