Does the Khilafah aim at creating a Muslim ‘master race' ?


Islam does not believe in creating a Muslim ‘master race' where all non-Muslims are forced to convert to Islam. The existence of non-Muslims and their places of worship in the Muslim world despite Islam having ruled the area for over 1300 years is clear evidence that this was never the case.15The Messenger of Allah (saw) wrote to the people of Yemen: ‘Whoever is adamant upon Judaism or Christianity will not be tormented for it, and he is obliged to pay the jizya.'16

The meaning of ‘will not be tormented for it' means the dhimmi (non-Muslim citizens) are left to follow their beliefs and worships.17

Ref:


16 Abu ‘Ubayd al-Qasim ibn Sallam, ‘The Book of Revenue,' Translation of Kitab al-Amwal, Garnet Publishing Ltd, p. 25
17 Taqiuddin an-Nabhani, ‘The Islamic Personality,' Volume 2, translation of Shakhsiya Islamiyya, Dar ul-Ummah, Beirut, Fourth Edition, Chapter Ahkam adh-dhimmi 

Is there specific flag or banner for the Khilafah state ?


Today we find a multitude of flags in the Muslim world. These have been carefully designed with colours and symbols to represent characteristics of the nation state. In Islam, we have not been given a choice concerning what type of flag we use even down to the colour. The shariah has specified the type of official flag the Khilafah will use and therefore we cannot deviate from this. Furthermore, we cannot wave flags that represent concepts which are against Islam such as nationalism and division of Muslim lands. The article below is taken from the book "Institutions of State in the Khilafah" by Hizb ut-Tahrir.
The State has flags (Alwiyah) and banners (Rayat) as deduced from the flags and banners of the first Islamic State, which the Messenger of Allah صلى الله عليه وسلم established in al-Medina al-Munawwarah. These will be as follows:
Definition of the Flag and Banner
The flag and banner, are linguistically called alam. Al-Qamus al-Muhit mentions under the root (r/w/y) that al-raya is 'al-alam, plural being rayaat. It mentions under the root (l/w/y) that al-liwa' is al-'alam, plural alwiyah.
The shariah designated each one of these terms a shar'i meaning as follows:
The flag (liwaa')
The flag (liwaa') is white, on which it is written 'la ilaha illa Allah, Muhammad Rasul Allah' with black script. It is tied to the amir of the army or the leader of the army. It is used as a sign of his location, and it goes along with this location. The evidence to tying the flag to the amir of the army is that the Prophet صلى الله عليه وسلم entered Makkah on the day of its conquest while raising a white flag. This was narrated by Ibn Majah through Jabir. An-Nasa'i also narrated through Anas that when the Prophet صلى الله عليه وسلم appointed Usama ibn Zayd as amir to the army for invading the Romans, he tied his flag with his own hands.
The banner (rayah)
The banner (rayah) is black, on which it is written 'la ilaha illa Allah, Muhammad Rasul Allah' with white script. It is carried by the leaders of the army divisions, regiments, detachments, and other army units. The evidence is that the Messenger صلى الله عليه وسلم , while being the leader of the army in Khaybar, he said: "I will give the Raya tomorrow to a man who loves Allah and His Messenger, and Allah and His messenger love him; and he gave it to 'Ali". This hadith is agreed upon. Ali (ra) was considered the leader of a division or a regiment in the army.
Al-Harith b. Hassan b. Al-Bakri also said in the hadith, "We came to Medina and we saw the Prophet صلى الله عليه وسلم on the Mimbar, with Bilal standing in front of him wearing his sword. There were black banners in front of the Messenger صلى الله عليه وسلم. I asked 'what are these banners?' They said: 'it is Amr b. al-'As who has just arrived from an expedition'".
"And there were black banners (rayaat)" this means there were many banners carried by the army though its amir was one, which was Amru ibn Al-Ass. This indicates there is one flag (liwaa') in the same army, but the banners (rayaat) are many in each army.
Thus, the flag (liwaa') is a sign ('alam) to the amir of the army only, while the banners (rayaat) are signs (a'lam) carried by the soldiers.
The flag (liwaa') is tied to the amir of the army
The flag (liwaa') is tied to the amir of the army, and it is a sign indicating the headquarters of the amir of the army. However, in the battle field, the leader of the battle, whether he is the amir of the army or appointed by him, is given the banner (rayah) to carry during the fight in the battle field. Therefore, the banner is called the mother of the war because it is carried by the battle leader in the battle field.
Therefore, at the time of actual war there will be one banner with every leader of a battle, a matter that was familiar at that time. Keeping the banner flying up was evidence to the might of the leader of the battle. This is an administrative order that is followed in accordance with the traditions of fighting in the armies.
The Messenger of Allah صلى الله عليه وسلم said announcing to the people the death of Zayd, Ja'far and Ibn Ruwahah before the soldiers brought the news: "Zayd took the banner (raya) but he was hit; and then Ja'far took it and he was hit; and then Ibn Ruwahah took it and he was hit" [Bukhari, Sahih, #3757].
At the time of actual war, if the leader of the army in the battle field was the Khalifah, both the flag (liwaa') and the banner (raya) can be lifted. It was reported in the seerah of Ibn Hisham during the talk about the ghazwah of great Badr that the flag and banner were present in the battle.
However, at time of peace or after the end of the battle the banners are usually spread amongst the army and lifted by its divisions, regiments, units and battalions, as narrated in the hadith of Al-Harith ibn Hassan Al-Bakri that talked about the army of Amru ibn Al-'As.
The Khalifah is the leader of the army in Islam
The Khalifah is the leader of the army in Islam. Therefore the flag is legally lifted on top of his headquarters, i.e. on top of the Khalifah's house. This is because the flag is tied to the amir of the army. The banner is allowed to be lifted on top of the Khalifah's house from an administrative point of view, taking into account the fact that the Khalifah is the head of the organisations of the State. In regards to the remaining organisations, departments and establishments of the State, the banner alone is lifted on top of them, because the flag is specific to the leader of the army as a mark to his location.
How the flag is tied
The flag is tied at the end of the spear and twisted around it. It is given to the leader of the army in accordance to the number of armies. Thus it is tied to the leader of the first army, the second army, or the leader of Al-Sham army, and Iraq army, or the leader of Aleppo army, or the leader of Beirut army, and so on.
In origin it is twisted at the end of the spear and not spread out except at the time of need. It is for example spread out on top of the Khalifah's house because of its importance. This applies also to the sites of the leaders of the armies at time of peace so that the Ummah can see the greatness of the flags of their armies. However, if this need conflicts with security issues, such as the enemy recognising the sites of the leaders of the armies, then the flag will be treated as in origin, i.e. it is not spread out but rather remains twisted/rounded.
In regards to the banner it is left for the wind to flap it, like the flags in use today. Therefore it is placed on top of the departments of the State.
Summary
Firstly: Regarding the army:
1. In case of actual war, the flag remains attached to the site of the leader of the army. In origin it must not be spread out, rather kept rounded/twisted around the spear. It can be spread out after studying the security issue. There will be a banner carried by the leader of the battle in the battle field. In case the Khalifah was in the battle field the flag is also allowed to be carried.
2. In case of peace the flag is tied to the leaders of the armies, and it is rounded at the spear; but it can be spread out on top of the sites of the leaders of the armies. Banners are usually spread out amongst the army carried by its divisions, units, regiments and battalions. It is possible for each division, a regiment, or a battalion to have a specific banner that distinguishes it administratively and which is lifted with the banner.
Secondly: Regarding the security organisations, departments, and establishments of the State, only the banner is lifted on top of each of them except the house of the Khilafah, where the flag is lifted on top of it as the Khalifah is the leader of the army. The banner is allowed to be lifted administratively together with it, because the house of the Khilafah is the head of the organisations of the State. The private establishments and ordinary people can also carry and lift the banner on top of their establishments, offices and houses, particularly on the occasions of eid, victories and the like.

How will a future Khilafah address the issue of healthcare?


Taking care of people's affairs
Islam is a unique system revealed by Allah سبحانه وتعالى that provides the needs for both the individual and society. Allah سبحانه وتعالى being Al-Khaliq - The Creator of all that exists - will evidently know what is best for us. With His infinite knowledge, His system will be able to provide solutions to any problem that human beings have or will encounter. With regards to governance, the Khalifah is entrusted in applying the laws of Allah سبحانه وتعالى. The Khalifah is directly responsible before Allah سبحانه وتعالى for any issue that affects citizens in the Islamic State.
The Messenger of Allah صلى الله عليه وآله وسلم said, "He who has been ruler over ten people will be brought shackled on the Day of Resurrection till justice loosens his chains or tyranny brings him to destruction."[Tirmidhi]
The ruler does not only have to respond to the people under his care but must also answer to a higher authority, Malik-al-Mulk (The Owner of All Sovereignty). As such, he must fulfil the obligations placed upon him as this is not only a mandate of the state but is the Ahkam of Allah سبحانه وتعالى. Therefore the Khalifah must care for every citizen's need and ensure that they are not facing any undue hardships such as lack of access to healthcare or even long wait times.
The Messenger of Allah صلى الله عليه وسلم said: "Whoever is put in charge of any of the affairs of the Muslims and remains aloof from them and pays no attention to their needs and poverty, Allah will remain aloof from him on the Day of Resurrection, and will pay no attention to his needs and poverty." [Abu Dawood, Ibn Maajah, Al-Haakim]
The above hadith clearly shows the weight that lies on the shoulders of those in authority. When Umar ibn Abdul Aziz became the Khalifah, he was seen to be rather gloomy. His servant asked him why he was so sad and worried. Umar replied, "Anyone in my shoes should be so; I must deliver and grant all the nation's citizens all their rights, whether they demand them or not."
The care of those under the authority of the state is not judged based on the annual budget or political aspirations but rather it is based on the rights afforded to them by Allah سبحانه وتعالى. This obliges the Khalifah to provide them with the utmost care to the best of his ability regardless of whether the citizens are aware of this right or not and whether they have asked for it or not.
Healthcare in the Khilafah
The Prophet صلى الله عليه وسلم said: "Each of you is a guardian and is responsible for those whom he is in charge of. So the ruler is a guardian and is responsible for his subjects." [Bukhari & Muslim]
The Imam is responsible for managing the affairs of the people. One of the basic needs that the Khilafah must provide for is healthcare. When the Messenger of Allah صلى الله عليه وسلم as head of state in Medina was given a doctor as a gift, he assigned him to the Muslims. The fact that the Messenger of Allah صلى الله عليه وسلم received a gift and he did not use it, nor take it, rather he assigned it to the Muslims is evidence that healthcare is one of the interests of Muslims.
Since the state is obliged to spend on providing a free healthcare system for all, then part of the Bait ul-Mal's budget must be for healthcare. If insufficient funds are available then a wealth tax will be imposed upon the Muslims to meet the budget deficit.
Unlike the Capitalist system, the Islamic system views the provision of healthcare to its citizens from a human perspective and not an economic aspect. This means that the leader of the Islamic State looks to provide adequate and good quality healthcare to the people, not for the sake of having a healthy workforce that can contribute to the economy but for the sake of fulfilling his duty of looking after the needs of the people in obedience to Allah سبحانه وتعالى.
Medical excellence in Islamic history
When Islam is implemented as a complete system, it provides a means to excel in all fields such as science and technology. In the past, individuals under the Khilafah made a tremendous contribution to the medical field.
The Khilafah was blessed with many first class hospitals and doctors in several of its cities: Baghdad, Damascus, Cairo, Jerusalem, Alexandria, Cordova, Samarqand and many more. Baghdad alone had sixty hospitals with in-patient and out-patient departments and over 1,000 physicians.
Public hospitals like the Bimaristan al-Mansuri Hospital, established in Cairo in 1283, had accommodation for 8,000 patients. There were two attendants for each patient who did everything for his/her comfort and convenience and every patient had his/her own bed, bedding and vessel for eating. It treated in-patients and out-patients giving them free food and medicine.
There were mobile dispensaries and clinics for the proper medical care of the disabled and those living in the villages. The Khalifah, Al-Muqtadir Billah, ordered that every mobile unit should visit each village and remain there for some days before moving to the next.
From the above historical accounts, we see that when the Khulafaa' properly implemented the rules of Allah سبحانه وتعالى, then and only then did a society truly thrive and succeed. However, it is important to keep in mind that material advancement does not equate with true success - seeking the pleasure of Allah سبحانه وتعالى. For the Khulafaa' it was not about simply providing medical services, rather it was to fulfil the needs of the citizens entrusted to them for which they will be held accountable for.

How the Khilafah looked after it's citizens ?


For thirteen centuries, the Muslim Ummah enjoyed unmatched prosperity in this life through the implementation of the rules of Islam. This prosperity was not limited to the advancement in science and medicine, as we often hear, but it spanned all aspects of life including social well being, healthcare and education. Even during the weaker periods of the Islamic State, the well being of its citizens, Muslims and non-Muslims alike, was always one of the primary functions of the State.
This is not surprising since Allah سبحانه وتعالى says:
وَمَا أَرْسَلْنَاكَ إِلَّا رَحْمَةً لِلْعَالَمِينَ
"We sent thee not, but as a Mercy for all creatures"
[Al-Anbiya, 21:107]
And He سبحانه وتعالى says:
فَمَنِ اتَّبَعَ هُدَايَ فَلَا يَضِلُّ وَلَا يَشْقَىٰ
وَمَنْ أَعْرَضَ عَنْ ذِكْرِي فَإِنَّ لَهُ مَعِيشَةً ضَنْكًا وَنَحْشُرُهُ يَوْمَ الْقِيَامَةِ أَعْمَىٰ
"whosoever follows My Guidance, will not lose his way, nor fall into misery. But whosoever turns away from My Message, verily for him is a life narrowed down, and We shall raise him up blind on the Day of Judgment"
[Ta Ha, 20:123-124]
In this article, we will provide some examples of how people lived under the rule of Islam throughout Islamic history. This will inshaAllah, help us appreciate and better understand the reality of life under the rule of Islam.
Healthcare
In Islam the health of an individual is highly valued, and is considered one of the basic needs of man, along with food and security. RasoulAllah صلى الله عليه وسلم said:
"Whoever becomes free of illness, secure and safe among his people, and has food for his day, then it is like if he owns the dunia" [Al-Tirmidhi and Ibn Majah]
Consequently, in Islam, providing free and competent healthcare has been made a responsibility on the Islamic State towards all its citizens - rich, poor, Muslims and non-Muslims alike. RasoulAllah صلى الله عليه وسلم said:
"The imam (khalifah) is the caregiver and he is responsible for his people" [Al-Bukhari]
Providing free healthcare to people was exemplified by RasoulAllah صلى الله عليه وسلم in Madina. Ibn Ishaaq reported in his sirah book that a tent was built in the masjid and a woman named Rofaydah from the tribe of Aslam used to provide diagnosis and medication to people free of charge for both the rich and poor. When Saad Ibn Muadh (ra) was hit by an arrow during the Battle of the Trench, RasouAllah صلى الله عليه وسلم told the companions to take him to the tent of Rofaydah. Rofaydah was paid by the State through shares from the booties of war as Alwaqidi mentions in his book Almaghazi.
Providing healthcare services to the citizens of the State continued throughout the Islamic history and the kuffar themselves bear witness to this. For example, Mr. Gomar, one of Napoleon's leaders during France's campaign (1798-1801) to occupy Egypt, described the healthcare services and 600 year-old health facilities that he saw, "all sick people used to go the Bimaristan (i.e. hospital) poor and rich, without distinction. Doctors were hired from everywhere in the east, and they were well paid. There was a pharmacy stocked with medicine and instrumentations. Two nursing personnel were serving every patient. Those with psychological disorders were isolated in a separate section and were taken care of. They were entertained by storytelling among other things. Those who recovered (from either physical or psychological illness) would spend some time in the rehabilitation section. When discharged, each patient would be given five pieces of gold so the patient would not need to work as soon as he/she left". The French Orientalist, Prisse D'Avennes, describing the same hospital, said, "the patients' halls where either cooled down by using huge fans spanning from one side of the hall to the opposite side, or warmed up by burning perfumes. The floors of these halls were covered by branches of the (Hinna) or pomegranate trees or other aromatic trees".
Well Being
The well being of citizens is exemplified by the hadeeth narrated by Abu Hurayra in Sahih Muslim stating that RasuolAllah صلى الله عليه وسلم said:
"whoever leaves money, then it is for the inheritors, and whoever leaves weak offspring then it is to us"[Muslim]
That is, the State is responsible for providing the basic necessities like food, shelter, and clothing to those who cannot afford it for any reason. The well being of the people under the rule of Islam is a result of implementing the ahkam of Allah سبحانه وتعالى. The understanding of the responsibility that the khaleefah and State have towards people is what made Abu Bakr (ra), as the khaleefah, serve an old blind women living in the outskirts of Madina. Omar Ibn Alkhattab (ra) wanted to serve her too, but he found that Abu Bakr (ra) had already cooked food, cleaned the house and washed her clothes for her. It is the same understanding and feeling of responsibility that made Omar (ra), when he was the Khaleefah, go back to the Bait-ul-Mal (treasury) and carry bags of wheat and food on his own back all the way to a woman and her kids living outside the Madina and cook food for them. He (ra) refused his servant's offer to carry the bags for him by saying, "will you carry my sins and responsibilities for me on the day of judgment?"
The care for people extended to children too. During the Khilafah of Omar, there was a policy to pay a stipend whenever a child finished breastfeeding. However, one day Omar (ra) heard a baby crying so he asked the child's mother to "Fear Allah سبحانه وتعالى in your baby and take care of him". She explained that she stopped breastfeeding early in order to receive the stipend from the Islamic State. The very next day, after Fajr, Omar revised the policy to pay the stipend at birth. Omar (ra) feared Allah's سبحانه وتعالى accounting and said while crying"even the babies O Omar!" - meaning he would be accounted for harming the children.
Animals are also safeguarded by the Khalifah. Ibn Rushd Alqurtobi reported on the authority of Malik that Omar (ra) passed by a donkey burdened by blocks of stones. Realizing the animal was in distress he removed two blocks from its back. The donkey's owner, an old woman, came to Omar and said "O Omar, what do you have to do with my donkey? Do you have an authority to do what you did?" Omar said "what do you think makes me fill this post (khaleefah)?" Omar (ra) meant that by assuming the responsibility of Khaleefah Omar (ra) was responsible for all the ahkam of Islam, which includes acting on the hadeeth of RasoulAllah صلى الله عليه وسلم that was narrated by Abu Dawood, on the authority of Abu Hurayra (ra): "Beware not to take the backs of your animals as (minbars), for it that Allah سبحانه وتعالى has made them to carry you to a place that would be hard for you to reach, and made the earth so you fulfil your needs on its surface." That is, we must be merciful to animals and not overburden them.
This pattern of providing for the people and caring for their well being continued throughout the khilafah until its destruction in 1924. Ibn Aljawzi reported in his book about the lifetime of Omar Ibn Abdulaziz that Omar asked his governors throughout the State for the counts of all blind people, those with chronic diseases, and the disabled. He then assigned a guide for every blind person and two servants for every chronically ill or disabled person throughout the whole Islamic State that spanned from China in the east to Morocco in the west, and Russia in the north to the Indian ocean in the south. Ibn Aljawzi also reported that Omar asked his governors to bring any poor person in need. Once they did, he covered all their needs from Bait-ul-Mal. He then asked for those who had debt and could not pay back. He paid their debt, in full, from Bait-ul-Mal. Then he asked for those who wanted to marry but could not afford to, and he paid for their marriage. The well being and prosperity of the people under the Islamic rule was such that during the khilafah of Omar Ibn Abdulaziz, the State could not find poor people to pay the zakat money to.
Ibn Jarir reported during the time of khaleefah Alwaleed Ibn Abdulmalik that the State built and took care of the masjids, built roads, fulfilled the needs of people, paid the disabled and ill people, and ordered them not to beg people but rather ask the State if they did not have what sufficed them. He was the first khalifeeah to build and institutionalize Bimaristans (hospitals). He assigned a servant for every disabled person, a guide for every blind person, salary for the imams (of masjids), and built "guest houses" for strangers and travelers everywhere in the State.
During the Ummyads and Abbasid khilafah, the travellers' routes from Iraq and bilad-uSham (today's Syria, Jordan, Lebanon and Palestine) to Hijaz (region of Makkah) were setup with "guest houses" along the routes which were equipped with water, food and shelter supplies everyday to ease the travel for people. The remnants of these facilities can be seen today in bilad-uSham. The records of the charity trusts (Waqf) for some hospitals in bilad-uSham testify to this. For example, the records for the charity trusts of Alnnoori hospital in Allipo (Syria) mentions that each mentally-ill person was assigned two servants who are responsible, everyday, for giving him/her a shower, dressing in clean cloths, assisting in prayer (if he/she can) and listening to Quran, and walking him/her outside in the open air to relax.
The Uthmani Khilafah carried out this obligation too. This is evident in servicing the people by building the famous Istanbul-Madina "Hejaz" railway during the time of Sultan Abdulhameed II to facilitate travel for the pilgrims to Makkah as well as to improve the economic and political integration of the distant Arabian regions. While the Muslims rushed to donate and volunteer to building the railway, the Uthmani khilafah offered the transportation service to people free of charge.
This is only a snapshot of how the life of people under the rule of Islam used to be in the days of khilafah. May Allah سبحانه وتعالى help us all to work for it and make us witness and enjoy its existence again. Ameen.

When is rebellion against the Khaleefah permitted ?

Al-Bukhari narrated on the authority of Junada b. abi Umayyah who said: We went to ‘Ubadah b. as-Samit when he was sick and we said: May Allah (swt) guide you. Inform us of a Hadith from the Messenger of Allah (saw) so Allah may benefit you from it. He said, the Messenger of Allah (saw) called upon us and we gave him the Bai’ah, and he said, of that which he had taken from us, that we should give him the pledge to listen and obey, in what we like and dislike, in our hardship and ease, and that we should not dispute the authority of its people unless we saw open Kufr (kufr buwah) upon which we had a proof (burhan) from Allah.

The hadith was reported by At-Tabarani as “kufran Surahan (open kufr)”, and as “unless the disobedience of Allah is bawahan”. It was also reported by Ahmad as “unless they order you of ithmin bawahan (open sin)”.

'Awf Ibnu Malik Al-Ashja'i said: "I heard the Messenger of Allah (SAW) say: 'The best of your Imams are those whom you love and they love you and whom you pray for and they pray for you, and the worst of your Imams are those whom you hate and they hate you and you curse them and they curse you.' We asked: 'O Messenger of Allah, shall we not then declare war on them?' He said: 'No, as long as they establish the prayer among you', [Muslim]

Muslim reported on the authority of Umm Salama that the Messenger of Allah (SAW) said: "Ameers will be appointed over you, you recognise some of what they do and you disown some. Whoever recognised he is absolved from blame. Whoever disapproved (of their bad deeds) he is safe, but whoever consented and followed them (he is doomed.)" They said: "Should we not fight against them?" He (SAW) replied: "No, as long as they prayed."

What is meant by establishing the prayer is to rule by Islam, that is to implement the rules of Shari'ah . This is because the whole of Islam is denoted here by naming part of it. This is common in Arabic, for instance Allah (SWT) says: "To free a neck" [4:92] which means to free the slave i.e. all of him and not just his neck. In this Hadith he (SAW) said: "As long as they establish the prayer among you." This means the establishment of all the rules not just the prayer and is a figurative form (kinayah) where basically the part is mentioned to refer to the whole.

Views of the scholars

There is difference of opinion amongst the scholars regarding when it is legitimate to rebel against the Khalifah. They have discussed the oppressive ruler, unjust Imams and the overpowering (mutaghallib) ruler who comes to power by force and not by the consent of the people. Remember when they talk about the oppressive Imam they are talking about one who implements Islam unlike the rulers in the Muslim world today who don’t.

The scholars agree that the subject is contesting the ruler, but they differed concerning the hukm of such contest, whether it is by the sword or by the word and disapproval. However, they agreed without much argument, that he is contested with the sword if he showed the kufr bawah or kufr surah (open kufr). The difference was over other forms of actions of the rulers. It is understood from their statements that they consider all these actions of the rulers, like overpowering authority, which is taking authority with force, inflicting oppression (zulm) and taking people’s wealth illegally and the like; all of these are munkar deeds. So, they consider these as munkar committed by the ruler, which must be contested. Those who advocated the obligation of rebel against the oppressive rulers, contesting them with the sword, and challenging them with fighting, have used, as a proof, the general imports of the Book and the Sunnah concerning the obligation of enjoining the ma’roof and forbidding the munkar.

While those who advocated the obligation of obedience to the rulers and not allowing rebel against them, they used, as proof, the ahadith that came regarding the obedience to the ruler even if he treated unjustly. This is like the hadith of Hudhayfah: “You have to listen to and obey the Ameer, even if he hit your back and took your property, listen and obey.” [Muslim] They said these ahadith are absolutely more specific than those general imports, i.e. they have specified the general (‘aamm). Accordingly, the general imports are diverted to other than the ruler, and the ruler is excluded from them. Those who advocate the obligation of obedience to the overpowering ruler, and to make jihad with him, have used, as proof, that not rebelling against him saves the blood and pacifies the masses. This means they considered the patience at the munkar of the ruler is of less harm than shedding the blood and creating disorder and civil strife.

As-Shawkani said: “Those who viewed the obligation of rebelling against the oppressive rulers, challenging them with the sword and struggling against them with fighting, have used as evidence some general imports from the Book and the Sunnah, concerning the obligation of enjoining the ma’roof and forbidding the munkar. There is no doubt that the ahadith we mentioned in Al-Musannaf in this subject are absolutely more specific than those general imports; besides these ahadith are mutawatir in meaning as understood by those who have knowledge in the Sunnah.”

An-Nawawi mentioned, in his commentary on the hadith narrated by ‘Ubadah, regarding the phrase ‘ unless you see an open kufr (kufran surahan)’: “What is meant by al-kufr here is the sin (al-ma’siyah). And the meaning of the hadith is not to dispute with rulers (wulat ul-umoor) regarding their authority, and not to object them unless you see from them an unquestionable munkar you know from the fundamentals of Islam. If you have seen that, then disclaim it and say the truth wherever you were.” It came in Al-Fath, as commentary on the words of An-Nawawi: “Others said, if the contest was regarding the authority (wilayah), then he should not contest him in a matter that degrades the authority unless he committed kufr. He explained the narration of the sin (ma’siyah) saying it means the contest over a matter other than the authority. If he did not degrade the authority, then he can contest with him over the sin by disapproving with him kindly and in a way that achieves establishing the truth without violence. He would do that if he could.”

Qadi Iyad said: "If he is adamant on Kufr, (and) in changing the shariah, or on innovation, then his obedience is invalid and it becomes a duty upon the Muslims to revolt against him, removing him and placing a just Imam (ruler) in his place if possible”.

It also came in Al-Fath: “The Fuqahaa’ agreed unanimously on the obligation of obedience to the overpowering (mutaghallib) ruler and of fighting (together) with him; and that obedience to him is better than rebel against him, because this spares the blood and appeases the masses. However, if the ruler showed explicit kufr (kufr sareeh), then it is not obliged to obey him; it is rather obligatory, for those who can, to fight against him, as it came in the hadith.”

The meaning of open Kufr

The open kufr (kufr bawah) that came in the hadith, is an undefined word attached with description (nakira mausoofa) that applies to anything, which is open kufr. This means, if any kufr bawah, emerged, then rebellion is obligatory, whether it was ruling with the laws of kufr like ruling with other than what Allah revealed. Or it was other than ruling with the laws of kufr, such as the silence over (acceptance) of apostasy from Islam, and the apostates show their kufr openly, or the like. All of this is kufr bawah, for it includes every (type of) kufr. This is the case, which is excluded, that is the emergence of al-kufr al-bawah. If al-kufr al-bawah emerged, then rebellion is obligatory. In other than this case, it is absolutely prohibited to rebel against the Khaleefah. The understanding from these ahadith of the obligation of rebellion against the ruler in this case comes from the fact that the Rasool forbade combating them, fighting them and disputing their authority. Then he excluded from that (prohibition) this case. The exclusion of this case means removing it from the prohibition, which means the commanding of doing it.

So the meaning (mafhoom) of the hadith indicates the command of combating the ruler, fighting him and disputing his authority if that case took place. The indication of the mafhoom is equal to the indication of the mantooq (wording) concerning the proof. So, the indication of the mafhoom would be evidence that the shaari’ (law-giver) ordered the combat with the ruler, fighting him and disputing his authority, if the kufr bawah emerged. The indication (qareena that this order is decisive) is that the subject of the order is of what the shar’ came to emphasise. Ruling with Islam, for example, shaari’ obliged it and did not make it (only) mandoob. While the emergence of kufr bawah, the shar’ prohibited it, and did not make it (only) makrooh. Thus, the subject of the order is an indication (qareena) that the order is decisive. Accordingly, the rebellion against the ruler in this excluded case is not only allowed; it is rather obligatory upon Muslims. However, it should be known that what is meant by the emergence of al-kufr al-bawah, is the kufr that there is a definite evidence to prove it to be kufr. This is because the Rasool was not content with saying (kufr bawah), but he followed that by saying “you have a proof upon it from Allah”. [Al-Bukhari] The word burhan (proof) is only called to the definite evidence. Therefore, the presence of definite evidence about it being kufr, is one of the conditions for rebellion.

So if the Khalifah permitted something based upon a legitimate Islamic opinion this would not be Kufr bawah such as permitting music as it is an area of difference amongst the scholars. However if he with knowledge permitted something like fornication (zina), accepting the sovereignty of international law above the laws of Allah (swt) which are clear cut definitive (qat’i) prohibition then this would fit the meaning of kufr bawah.

It is not necessarily the case that he would become an apostate automatically by doing so as in the view of some scholars if he doesn’t believe in that and does it for some other reason it would still be the implementation of open kufr but he would have committed a lesser kufr, meaning open sin (fisq). This is an area of difference of opinion amongst the scholars, some believe that ruling by kufr would make him a kafir automatically whether he believed or disbelieves in that.

Ibn al-Qayyim said: "The correct view is that ruling according to something other than that which Allah has revealed includes both major and minor Kufr, depending on the position of the judge. If he believes that it is obligatory to rule according to what Allah has revealed in this case, but he turns away from that out of disobedience, whilst acknowledging that he is deserving of punishment, then this is lesser Kufr. But if he believes that it is not obligatory and that the choice is his even though he is certain that this is the ruling of Allah, then this is major Kufr." [Madaarij as-Saaliheen, 1/336-337]

Whereas Ibn Taymiyyah said: "Undoubtedly, whoever does not believe that it is obligatory to rule according to that which Allah has revealed to His Messenger is a Kafir, and whoever thinks it is permissible to rule among people according to his own opinions, turning away and not following which Allah has revealed is also a Kafir...So in matters which are common to the Ummah as a whole, it is not permissible to rule or judge according to anything except the Quran and Sunnah. No one has the right to make the people follow the words of a scholar or Ameer or Shaykh or King. Whoever believes that he can judge between people according to any such thing, and does not judge between them according to the Quran and Sunnah is a Kafir." [Minhaj as-Sunnah, 5/130-132]

The reality today

Although some scholars may disagree, these Ahadith are not connected to the current situation. By studying them closely it becomes clear that they are connected to revolt and rising against the Khaleefah and Imam. The current situation is not that of the Khulafah who used to rule by Islam and then turned away from Islam. The current problem is also not merely related to removing a ruler by killing him. Rather, entire systems of Kufr have been implemented over Muslims for many years, none of the current rulers have ever ruled by Islam and none of them are Khulafa within a Khilafah. The systems that they are applying are either monarchies or Capitalistic with some sort of democratic framework. Hence, the reality isn’t that of removing a bad Khaleefah within an Islamic State. The reality is of uprooting an entire Kufr system, including it’s ruler, to again establish the Khilafah state. The current rulers are not comparable in any way to Khulafah who have introduced one Kufr law into the Khilafah.

Hence these Ahadith do not apply upon the current situation. The reality which they address is that of removing a Khaleefah who rules with Kufr within the Islamic State, not that of uprooting an entire Kufr system merely by fighting and killing the ruler of that system.

The closest situation that is comparable from the evidences is the establishment of the Islamic State for the very first time by the Prophet (saw) and the struggle which he (saw) went through in order to establish this State and change the non-Islamic society into an Islamic one. As that is the only instance in which a complete system of Kufr existed and was changed to a complete system of Islam. So the matter is regarding the changing of a system, not merely a ruler. The Ahadith of fighting, apply to changing a ruler i.e. a Khaleefah who has gone astray not a system, only the struggle of the Prophet (saw) in Makkah applies to the changing of a system. So armed struggle is not the method of re-establishing the Khilafah today.

Will the Khilafah implement Planned/Command economy ?


The Khilafah does not have a planned economy where the government controls and regulates production, distribution and prices through some all-encompassing macroeconomic plan. Private ownership of land, factories, shops and corporations in order to generate profits is highly encouraged within the Khilafah.

The Messenger of Allah (saw) said, ‘The truthful and trustworthy merchant will be in the company of the Prophets, the upright and the martyrs.'36The shari'ah restricts state intervention in the economy in many areas. Violation of these by the state would be considered government oppression (mazlama) that can be overturned by the Court of Unjust Acts (Mahkamat ul-Mazalim). Having said this, the Khilafah does not permit the concept of freedom of ownership like in Capitalism where if enough demand exists companies can supply goods even if they are detrimental to the wider society.

Public/Private PropertyIslam makes a distinction between private and public property within the Khilafah. There is no concept of Nationalisation where private property is transferred to the State if the State viewed it was in the public interest. Only if the nature of the property changed can it then be deemed public property and ownership transferred to the state.37 There are three types of public property defined by Shari'ah

  1. That which is considered a public utility, so that a town or a community would disperse in search for it if it were not available. E.g. water, electricity, gas and oil reserves 
  2. The uncountable stores of minerals. E.g. diamond mine. 
  3. Things which, by their nature, would prevent the individual from possession. E.g. rivers, seas, lakes, public canals, gulfs, straits.38 
Outside of these categories all other property is private property and can be owned by individuals. The only exception to this is those properties that belong to the state such as government buildings, tax revenues and army weapons. These are termed as State property.39Therefore the factors of production: land, labour and capital are not owned and controlled by the state as is the case in a planned or command economy.

Price fixing
The Khilafah cannot intervene directly in the economy to fix the level of prices.

Imam Ahmad narrated from Anas who said: Prices increased at the time of the Messenger of Allah (saw) so they said, ‘O Messenger of Allah, we wish would you price (fix the prices).' He (saw) said: ‘Indeed Allah is the Creator, the holder (Qabidh), the Open-handed (Basit), the Provider (Raziq), the Pricer (who fixes prices); and I wish I will meet Allah and nobody demands (complains) of me for unjust act I did against him, neither in blood or property.'40Printing moneyThe world today operates a paper-based currency that is not based on gold and has no intrinsic value. The value of the paper results from people's confidence in the economy and with the government who prints the currency. One of the biggest oppressions committed by governments today is their free reign in printing money and increasing the money supply in the economy. This leads to inflation and in some cases in the Muslim world leads to hyperinflation where the currency devalues on an hourly basis.

The Khilafah cannot just print money as it deems fit. Money in the Khilafah must be based on gold or silver. Paper money will be in circulation but at anytime this paper money must be transferable in to 100% of its value of gold or silver.41TaxationThe taxation that can be imposed in the Khilafah has been restricted by the shari'ah. If the fixed taxes such asKharajJizya and Al-Ushur are insufficient to fund the state then a wealth tax can be imposed. However, this tax can only be imposed on the excess wealth of the people not their income or on their goods and services. Oppressive taxation such as value added taxes on goods and services or income tax are prohibited.

Referring to the unjust taxes the Messenger of Allah (saw) said:

‘The tax-collector will not enter Paradise.'42

Ref:

36 Tirmidhi 
37 Taqiuddin an-Nabhani, ‘The Economic System of Islam,' translation of Nizam al-Iqtisaad, Al-Khilafah Publications, Fourth Edition, p. 212 
38 Ibid, p. 206 
39 Ibid, p. 210 
40 Musnad Ahmed on the authority of Anas 
41 Taqiuddin an-Nabhani, ‘The Economic System of Islam,' Op.Cit., p. 268 
42 Abdul-Qadeem Zalloom, ‘Funds in the Khilafah State,' translation of Al-Amwal fi Dowlat Al-Khilafah, Al-Khilafah Publications, 1988, p. 120 

Is the Khilafah ruled by a military regime ?

The Khilafah is not a military regime. The Khaleefah is commander in-chief of the armed forces and appoints all the army generals and the Chief of staff.20 The Khaleefah is not a ceremonial commander in-chief as found in some western states but he alone is the one who supervises the military and war policies, internally and externally for the state. This ensures the armed forces are fully under the executive control of the government and cannot become independent and carry out a coup d'état against the government as we have seen happening on numerous occasions in Muslim countries such as Turkey and Pakistan. However, this in no way implies that the Khilafah is a military regime enforcing the law through the army.

Military thinking is kept completely separate from the political thinking needed to look after peoples' affairs. Although military thinking is important within its narrow sphere of building a strong military apparatus and carrying out the war policy, it should never exceed this role. This is because when soldiers fulfil their work in their military capacity, they fulfil it as people of expertise. They do not permit into their considerations the impact of world public opinion, diplomatic efforts, spiritual and moral strengths or the value of political manoeuvring. Their opinion is just one opinion among many other considerations that the Khaleefah uses when formulating his political judgement on a matter.21Preventing misuse of the Armed ForcesThe military is not a monopoly of the Khaleefah for him to use for his own personal interests. The armed forces can only be used for legitimate shari'ah reasons. They cannot be used illegally and to commit oppression. If for any reason it is deemed that the armed forces have been misused by the Khaleefah then the independent judicial court the Court of Unjust Acts (Mahkamat ul-Mazalim) will investigate the matter and make a judgement to resolve the dispute.22 


Ref:


21 Taqiuddin an-Nabhani, ‘The Islamic Personality,' Op.Cit., Chapter ‘The Meaning of the Khaleefah Supervising the Army's Leadership' 
22 Taqiuddin an-Nabhani, ‘The draft constitution of the Khilafah State,' Op.Cit., Article 78 

Will there be political parties under the Khilafah state ?


In the traditional totalitarian models of Communism and Nazism there was one official party. For the Soviet Union it was the Communist Party and for Nazi Germany it was the German National Socialists Party (Nationalsozialistische Deutsche Arbeiterpartei) where the word Nazi itself is derived. More recently the Ba'ath Party in Iraq under Saddam Hussein was the official state party with all others being forced underground.

Any citizen in order to progress in society needed to join the official state party. Those who didn't join were viewed with suspicion and were not subject to the same rights and protections as party members.

Western countries follow a multi-party democratic model with many political parties in existence and vying for power. Although in reality there are usually only two major political parties that have any chance of gaining power. In America it's a choice between either the Republicans or the Democrats and in Britain between Labour and the Conservatives.

Political Parties in Islam

Islam has not only allowed the establishment of political parties but made it obligatory on the Muslim Ummah to establish at least one party. Although members of the government will in many cases be members of political parties the Khilafah does not have a party system of ruling as found in western democracies. In other words no one single party rules the State.

Political parties in the Khilafah are established primarily to account the head of state (Khaleefah) and his government. Their task is to safeguard the thoughts of Islam in society and to ensure the government does not deviate from the implementation and propagation of Islam. There is no requirement to join a party in order to become a member of the Islamic government or to progress in society.

The right of the Khilafah's citizens to establish political parties is established from the Holy Qur'an. No permission is required from the government to establish these parties as shari'ah has given permission for this.

The following verse of the Holy Qur'an orders the establishment of political parties.

Allah (swt) says:



Let there arise from amongst you a group(s) which calls to al-Khair (Islam),
enjoins al-ma'ruf (good) and forbids al-munkar (evil),
and they are the successful ones.18
The order to establish a group or groups is an order to establish political parties. This is deduced from the fact that the verse has determined the duty of this group which is the call to Islam, enjoining the Ma'aruf (good), and forbidding the Munkar (evil). The duty of enjoining Ma'aruf and forbidding Munkar is general and not restricted. It therefore includes the rulers and this implies holding them accountable. The holding of the rulers accountable is a political task performed by the political parties and it is the most important task of the political parties.

Thus the verse indicates the duty of establishing political parties which would call to Islam, enjoin Ma'aruf and forbid Munkar, and would hold the rulers accountable for their actions and conduct.19Therefore, the function of political parties within the Khilafah is not to achieve power as there is no concept of a party system of government. Multiple Islamic political parties can exist and they will work for the betterment of the entire society rather than their own narrow self-interests as we find in western countries.

Does the Khilafah aim at establishing a political utopia ?

The Khilafah ruling system does not aim at establishing a political utopia. Its aim is simply to apply the shari'ah. 

Allah (swt) revealed the shari'ah for application on human beings not angels. There is no expectation for the Islamic society to be a perfect society where crime is never committed.

The Messenger of Allah (saw) said: ‘By the one in whose hand my soul is, if you did not do wrong, Allah Almighty would remove you and bring a people who do wrong and then ask Allah Almighty for forgiveness and He would forgive them.'13

The Prophet (saw) was head of the best Islamic State. But in his state there lived Muslims, non-Muslims and hypocrites (munafiqeen). There were adulterers, thieves and murderers. In the time of the Rightly Guided Khaleefahs (Khulufa Rashida) many problems existed to the extent that fitna (rebellion) broke out in the time of Imam Ali (ra). Despite all this shari'ah was applied and shari'ah resolved the disputes and problems that occurred.

Moreover, the Prophet (saw) warned the Muslims about future oppressive rulers in the Khilafah.

Muslim narrated from Huzayfah ibn al-Yamaan that the Messenger of Allah (saw) said: ‘There will be Imams after me who will not be guided by my guidance, nor will they act according to my Sunnah; some men will rise amongst you with satans' hearts in human bodies.' Huzayfah asked, ‘What shall I do, if I were to reach that time?' He (saw) said, ‘You should hear and obey the Ameer even if he whipped your back and took your money; do hear and obey.'14


Ref:

13 Sahih Muslim. On the authority of Abu Hurayrah (ra)
14 Sahih Muslim. On the authority of Huzayfah ibn al-Yamaan. 
15 Khilafah.com, ‘Dhimmi: Non-Muslims living in the Khilafah,' http://www.khilafah.com/kcom/the-khilafah/non-muslims/dhimmi-non-muslims-living-in-the-khilafah.html