Khilafah comes before Jihad


Jihad is very critical topic. There are two parts in Jihad. One is individual and the other is in a group as a nation. When it comes to nation, then we must understand Khilafah first. We don't have yet true single Islamic Country ( United States of Islaam).

What is the Khilafah

uploaded 25 Nov 2001, source: http://www.khilafah.com

1. What is Dar al-Islam?

Dar al-Islam is the land where Islamic Law is implemented in all matters of life and ruling and whose security is maintained in the name of Islam even if its citizens are non-Muslims. 


2. What is Dar al-Kufr?

Dar al-Kufr is the land where Kufr laws are implemented in matters of life and whose security is maintained in the name of Kufr even if all its citizens are Muslims. This is because the criterion of a region being Dar al-Islam or Dar al-Kufr are the laws that are implemented there, and the security by which it is protected, the criterion is not the 
religion of its citizens. 


3. Which Muslim Countries today are Dar al-Islam?

Out of the Muslim countries of today, there is not a single country or state where Islamic laws are exclusively implemented in ruling and life’s affairs; therefore all of them are considered Dar al-Kufr although their citizens are Muslims. 


4. What is The Muslims Duty towards His Country?

Islam makes it a duty upon all Muslims to work to change their countries from Dar al-Kufr to Dar al-Islam, and this can be achieved by establishing the Islamic State i.e. the Khilafah, and by electing a Khaleefah and taking a bay’ah on him that he will rule by the Word of Allah (Subhaanahu Wa Ta’Ala) i.e. he will implement Islamic laws in the country 
where the Khilafah has been established. Then the Muslims should work with the Khilafah to combine the rest of the Islamic countries with it, hence the countries will become Dar al-Islam and they will then carry Islam to the world through invitation and jihad. 


5. What is the Khilafah

The Khilafah is the global leadership for all the Muslims in the world. Its role is to establish the laws of the Islamic Shari‘ah and to carry the da‘wah of Islam to the world. 

6. Is the Khilafah known as anything else?

The Khilafah is also known as the Imamah, both terms have the same meaning. Several sound ahadith mention them with the same meaning, neither of the two terms has ever differed in meaning in any Shari‘ah text i.e. the Qur’an or the Sunnah of the Prophet (Salallahu Alaihi Wasalaam), these being the only Shari‘ah sources. It is not compulsory to hold to 
the term of Khilafah or Imamah, but rather it is compulsory to hold to the meaning of the term. 


7. Is the establishment of a Khaleefah an obligation upon all Muslims in the world?

The establishment of a Khaleefah is an obligation upon all Muslims in the world. Performing this duty, like any of the duties prescribed by Allah (Subhaanahu Wa Ta’Ala) upon the Muslims, is an urgent obligation in which there can be no choice or complacency. Negligence in performing this duty is one of the greatest sins, for which Allah (Subhaanahu Wa Ta’Ala) punishes severely. 


8. What is the evidence that the appointment of a Khaleefah is obligatory?

The evidence that the appointment of a Khaleefah is obligatory upon all Muslims is in the Sunnah and the Ijma‘a (consensus) of the Sahabah.


9. What is the evidence from the Sunnah

As for the Sunnah, Nafi‘a reported saying: “‘Umar said to me that he heard the Prophet (Salallahu Alaihi Wasalaam) saying: Whoso takes off his hand from allegiance to Allah (Subhaanahu Wa Ta’Ala) will meet Him (Subhaanahu Wa Ta’Ala) on the Day of Resurrection without having any proof for him, and whoso dies whilst there was no bay‘ah (allegiance or a pledge) on his neck (to a Khaleefah), he dies a death of jahilliyah.” So the Prophet (Salallahu Alaihi Wasalaam) made it compulsory upon every Muslim to have a bay‘ah on his neck, and described whoever dies without a bay‘ah on his neck that he dies a death of jahilliyah. The bay‘ah cannot be for anyone except the Khaleefah, and the Prophet (Salallahu Alaihi Wasalaam) made it obligatory upon every Muslim to have on his neck a 
bay‘ah to a Khaleefah. Yet he did not make it an obligation upon every Muslim to give bay‘ah to a Khaleefah. The duty is the existence of a bay‘ah on the neck of every eligible Muslim, i.e. the existence of a Khaleefah who accordingly deserves a bay‘ah upon the neck of every Muslim. So it is the presence of the Khaleefah which places a bay‘ah on the neck 
of every Muslim, whether the Muslim gave a bay‘ah to him in person or not.


Therefore, this hadith of the Prophet (Salallahu Alaihi Wasalaam) is an evidence that the appointment of the Khaleefah is an obligation and not a proof that giving the bay‘ah is obligatory. This is so because the Prophet (Salallahu Alaihi Wasalaam) rebuked the Muslim who has not a bay‘ah on his neck until he dies, not the one who did not give bay‘ah.Hisham ibn ‘Urwa reported on the authority of Abu Saleh on the authority of Abu Hurairah that the Prophet (Salallahu Alaihi Wasalaam) said: 

“Leaders will take charge of you after me, where the pious (one) will lead you with his piety and the impious (one) with his impiety, so listen to them and obey them in everything which conforms with the truth. If they act rightly it is for your credit, and if they acted wrongly it is counted for you and against them.” Muslim narrated on the authority of al-A’araj, on the authority of Abu Hurairah, that the Prophet (Salallahu 
Alaihi Wasalaam) said: “Behold, the Imam is but a shield from behind whom the people fight and by whom they protect themselves.” Muslim reported on the authority of Abu Hazim, who said: “I accompanied Abu Hurairah for five years and heard him talking of the Prophet’s saying: The Prophets ruled over the children of Israel, whenever a Prophet died another Prophet succeeded him, but there will be no Prophet after me. There will be Khulafa’a and they will number many. They asked: What then do you order us? He said: Fulfill the bay‘ah to them one after the other and give them their due. Surely Allah will ask them about what He entrusted them with.” 
Ibn ‘Abbas narrated that the Prophet (Salallahu Alaihi Wasalaam) said: “If anyone sees in his amir something that displeases him let him remain patient, for behold, he who separates himself from the sultan (authority of Islam) by even so much as a hand span and dies thereupon, has died a death of the days of jahilliyah”.

 

In these ahadith, the Prophet (Salallahu Alaihi Wasalaam) informs us that leaders will run the affairs of Muslims, and the ahadith include the description of the Khaleefah as a shield, i.e. a protection. So the description of the Imam as a shield is informative of the benefits of the presence of the Imam, thus it is a command for action, because if the 
information conveyed by Allah (Subhaanahu Wa Ta’Ala) and the Prophet (Salallahu Alaihi Wasalaam) contained rebuke then it is a command of prohibition, and if it contained praise then it is a command for action. If the ordered action is necessary to implement a hukm shara’i (divine law), or by its negligence a hukm shara’i will be neglected, then this 
command is decisive. 

In these ahadith there is information also that those who run the affairs of Muslims are Khulafa’a, which indicates an order to appoint them. They also include a prohibition for Muslims to separate from the authority, which indicates the obligation upon Muslims to appoint an authority for themselves, i.e. ruling. 

Moreover, the Prophet (Salallahu Alaihi Wasalaam) ordered the Muslims to obey the Khaleefah and to fight those who dispute his authority as Khaleefah, which indicates an order to appoint a Khaleefah and to protect his Khilafah by fighting against whosoever disputes with him. Muslim reported that the Prophet (Salallahu Alaihi Wasalaam) said: “He who pledged allegiance to an Imam giving him the clasp of his hand and the fruit of his heart shall obey him as long as he can, and if another comes to dispute with him you have to strike the neck of that man.” So the command to obey the Imam is an order to establish him, and the command to fight those who dispute with him is an evidence that this command is decisive in maintaining the presence of one Khaleefah. 

10. What is the evidence from the Ijma‘a of the Sahabah

In regard with the Ijma‘a of the Sahabah they all agreed upon the necessity to establish a successor or Khaleefah to the Prophet (Salallahu Alaihi Wasalaam) after his death, and they all agreed to appoint a successor to Abu Bakr, then to ‘Umar, then to ‘Uthman, after the death of each one of them.


The Ijma‘a of the Sahabah to establish a Khaleefah manifested itself 
emphatically when they delayed the burial of the Prophet (Salallahu 
Alaihi Wasalaam) after his death whilst engaged in appointing a successor to 
him, despite the fact that the burial of the dead person is fard, and 
that it is haram upon those who are supposed to prepare for his burial 
to engage themselves in anything else until they complete the burial. 
The Sahabah were obliged to engage themselves in preparing the burial of 
the Prophet (Salallahu Alaihi Wasalaam), instead some of them engaged 
themselves in appointing a Khaleefah rather than carrying out the 
burial, and some others kept silent on this engagement and participated in 
delaying the burial for two nights despite their ability to deny the 
delay and their ability to bury the Prophet (Salallahu Alaihi Wasalaam). So 
this was an Ijma‘a to engage themselves in appointing a Khaleefah 
rather than to bury the dead. This could not be legitimate unless the 
appointment of a Khaleefah is more obligatory than the burial of the dead.


Also, all the Sahabah agreed throughout their lives upon the obligation 
of appointing a Khaleefah. Although they disagreed upon the person to 
elect as a Khaleefah, they never disagreed upon the appointment of a 
Khaleefah, neither when the Prophet (Salallahu Alaihi Wasalaam) died, nor 
when any of the Khulafa’a ar-Rashidun died. Therefore the Ijma‘a of the 
Sahabah is a clear and strong evidence that the appointment of a 
Khaleefah is obligatory.


11. Is the establishment of Islam and the implementation of the 
Shari‘ah rules in all walks of life compulsory?

The establishment of Islam and the implementation of the Shari‘ah rules 
in all walks of life is compulsory on Muslims through definitely proven 
evidences. This duty cannot be achieved unless there is a ruler who has 
an authority. The divine principle states ‘what is necessary to 
accomplish a wajib (duty) is itself a wajib’. So the establishment of a 
Khaleefah is also compulsory according to this divine principle. 

Moreover, Allah (Subhaanahu Wa Ta’Ala) has ordered the Prophet 
(Salallahu Alaihi Wasalaam) to rule between Muslims by that which He 
(Subhaanahu Wa Ta’Ala) revealed to him, and the order of Allah (Subhaanahu Wa 
Ta’Ala) to him was in a decisive manner. Allah (Subhaanahu Wa Ta’Ala) 
addressed the Prophet (Salallahu Alaihi Wasalaam):


“And rule between them by that which Allah revealed to you, and do not 
follow their vain desires away from the truth which came to you”. [TMQ 
5:48]


And: 

“And rule between them by that which Allah revealed to you and do not 
follow their whims, and beware (be on the alert) that they may deviate 
you away from even some part of what Allah revealed to you”. [TMQ 5:49]


The speech of Allah (Subhaanahu Wa Ta’Ala) to the Prophet (Salallahu 
Alaihi Wasalaam) is a speech to his Ummah unless there is evidence which 
limits the speech to him. In this case there is no such evidence, so 
the aforementioned verses order all Muslims to establish the rule. The 
establishment of the Khaleefah does not mean other than the establishment 
of the rule and the authority. On the other hand, Allah (Subhaanahu Wa 
Ta’Ala) made it obligatory upon Muslims to obey those in authority, 
i.e. the ruler, which indicates that the existence of the ruler is 
obligatory upon Muslims.


“O you who believe obey Allah and obey the Messenger and those in 
authority amongst you”. [TMQ 4:59]


Allah (Subhaanahu Wa Ta’Ala) does not order obedience to those who do 
not exist. This indicates that the existence of the ruler is obligatory. 
When Allah (Subhaanahu Wa Ta’Ala) orders obedience to those in 
authority it is an order to establish them. The implementation of the Shari‘ah 
depends upon the existence of the ruler, thus, the establishment of the 
ruler becomes obligatory as its absence will result in the sin of 
neglecting the Shari‘ah.


Therefore, it is clear from these evidences that the establishment of 
the rule and the authority amongst Muslims is fard, and it is also clear 
that the appointment of a Khaleefah who takes the charge of the rule 
and the authority is compulsory upon Muslims in order to implement the 
Shari‘ah laws; and not for the sake of rule and authority only. Reflect 
upon what the Prophet (Salallahu Alaihi Wasalaam) said: “The best of 
your Imams (leaders) are those whom you love and they love you, who pray 
for you and you pray for them; and the worst of your Imams are those 
whom you hate and they hate you and you curse them and they curse you.” 
The Messenger of Allah (Salallahu Alaihi Wasalaam) was asked: “Would we 
not declare war on them (face them with the swords)?” He said: “No, as 
long as they establish Salaah (meaning Islam) among you.” This hadith is 
clear in informing about the good and bad leaders, and clear in 
prohibiting the challenge of their authority as long as they establish the 
prayer, which in this context indicates upholding of Islam, and 
establishing its rule.


So the obligation upon Muslims to appoint the Khaleefah who establishes 
the laws of Islam and conveys its call is a matter which has no doubt 
with regard to its certainty in the sound texts of Shari‘ah. Moreover, 
it is an obligatory duty due to the fact that Allah (Subhaanahu Wa 
Ta’Ala) made it fard upon Muslims to establish the authority of Islam and to 
protect the honour of Muslims. However, this duty is a collective one, 
so if some people of the Ummah accomplished it, the fard is fulfilled 
and thus responsibility drops from the rest of the Ummah. And if part of 
the Ummah was unable to achieve the fard, though they carried out the 
actions which establish it, then the responsibility remains upon all the 
Muslims, and the fard remains upon every Muslim as long as Muslims are 
without a Khaleefah. 

12. What is the difference between the one who refrains from 
establishing a Khaleefah and the one who embarks on working to establish a 
Khaleefah?


To refrain from establishing a Khaleefah for the Muslims is a great sin 
because it is abstaining from carrying out a very important fard of 
Islam, upon which the implementation of the divine laws depends, even upon 
which the presence of Islam in the battlefield of life depends as well. 
So Muslims as a whole commit a great sin by refraining from 
establishing a Khaleefah for all Muslims. And if they agreed to remain without a 
Khaleefah the sin would befall all Muslims in the entire world. If some 
of the Muslims embarked on working to establish a Khaleefah and the 
others did not, the sin will drop from the shoulders of those who started 
to work to establish the Khaleefah, while the fard remains on them 
until the Khaleefah is appointed. This is so because the involvement in 
establishing the fard removes the sin for the delay of its fulfillment in 
its time, and for its non-fulfillment despite one’s engagement in the 
work for establishing it, and despite his hatred of that which prevents 
him from accomplishing it.


As for those who were not engaged in the work for establishing the 
fard, the sin will remain on them as soon as the three days period has 
passed, from the departure of the Khaleefah until the appointment of a new 
Khaleefah, because Allah (Subhaanahu Wa Ta’Ala) has entrusted them with 
a fard, which they did not carry out nor engage themselves in the work 
which is required for its completion. Therefore, they are sinful and 
deserve the punishment and shame from Allah (Subhaanahu Wa Ta’Ala) in 
this life and the hereafter. They are sinful due to their refrain from 
establishing the Khaleefah or from the actions which (according to 
Shari‘ah) establish the Khaleefah. It is clear and obvious that a Muslim 
deserves the punishment of Allah (Subhaanahu Wa Ta’Ala) when he ignores any 
of the duties enjoined upon him, particularly the duty by which the 
other duties are implemented and the Shari‘ah rules are established and 
the matter of Islam is brought aloft and the word of Allah (Subhaanahu Wa 
Ta’Ala) is exalted in the Muslim and the rest of the world.


Accordingly, no Muslim on the face of this earth has an excuse to 
abandon the duty of establishing the deen which Allah (Subhaanahu Wa Ta’Ala) 
has ordered, that is, the establishment of a Khaleefah for Muslims, 
when there is no Khilafah on the earth, and no one to implement the hudood 
(limits) of Allah (Subhaanahu Wa Ta’Ala) to protect the sanctities of 
Allah (Subhaanahu Wa Ta’Ala), and no one to implement the laws of the 
deen and unify the Muslim community under the banner of La ilaha illa 
Allah, Muhammadun Rasul Allah. There is no permission in Islam to abandon 
the work for this duty until it is indeed completed.


13. Is the Khilafah the Only Structure of the Islamic System of 
Government?
Islam has determined the structure of Islamic government to be the 
system of Khilafah and it is the only system of ruling of the Islamic 
State. Muslim narrated about Abu Hazim, who said, “I accompanied Abu 
Hurayrah for five years and heard him talking of the Prophet’s saying: The 
Prophets ruled over Bani Israel, whenever a Prophet died another Prophet 
succeeded him, but there will be no Prophet after me. There will be 
Khulafa’a and they will number many.” 

This hadith is a clear statement of the fact that the Islamic structure 
of government after the Messenger of Allah (Salallahu Alaihi Wasalaam) 
is the Khilafah. This fact is strengthened by evidence from numerous 
other ahadith that the Khilafah or Imamah is the only system of 
government in Islam, like the hadith, “After me there will be Imams” and the 
hadith, “If a bay’ah is taken for two Khaleefahs...” and other ahadith 
which all indicate that the system of government in Islam is the Khilafah 
only.


14. Are Muslims all over the world allowed to have more than one 
Islamic State, or more than one Khaleefah?


The system of government in Islam, which is the system of Khilafah, is 
a unitary system of one state and not a federal system. And Muslims all 
over the world are not allowed to have more than one Islamic State, nor 
to have more than one Khaleefah who rules them by the Book of Allah 
(Subhaanahu Wa Ta’Ala) and the Sunnah of the Messenger of Allah (Salallahu 
Alaihi Wasalaam) i.e. he implements the Islamic Law, because Shari’ah 
evidences have established this and prohibited the existence of more 
than one state, as is narrated by ‘Abdullah ibn ‘Amr ibn al-’As, who said 
that he heard the Messenger of Allah (Salallahu Alaihi Wasalaam) say, 
“He who gave the bay’ah to an Imam giving him the clasp of his hand and 
the fruit of his heart shall obey him as long as he can, and if another 
person comes to dispute with him (his authority) you have to strike the 
neck of that person.” And as narrated by Abu Said al-Khudri, that the 
Messenger of Allah (Salallahu Alaihi Wasalaam) said, “If a bay’ah is 
taken for two Khaleefahs, kill the latter one”, and as narrated by 
‘Arfajah that he heard the Messenger of Allah (Salallahu Alaihi Wasalaam) say, 
“If someone comes to you when you are united over one man and wants to 
break your strength and divide your unity, kill him.”


These ahadith are clear statements of the fact that Muslims cannot have 
more than one Khaleefah, and if another person tries to wrest his power 
it is necessary to kill that person. If bay’ah is taken for two 
persons, the first is considered the Khaleefah and the second is killed if he 
does not back out. If anyone disputed with the Khaleefah in order to 
break up the State or to put himself forward as Khaleefah, he should be 
killed.


These ahadith are also explicit that Muslims are not allowed to have 
more than one state and they are explicit in the necessity that the 
Islamic State is a state of unity, and not a state of union, made up of many 
units.


15. What Are the Principles of Government in Islam


The Islamic system of government is based on four principles:


i. Sovereignty is for Allah (Subhaanahu Wa Ta’Ala) and not for the 
People


What controls and runs the Muslims and the Ummah is not the Muslims 
themselves, nor the Ummah, rather the choice of the Muslims and the Ummah 
is controlled by Allah’s orders and prohibitions only.


“Surely they will not believe until they make you the judge in what 
they disagree.” [TMQ 4:65]


“It is not for the believer (male or female) that when Allah and His 
Messenger have decided a matter that they should have any choice in their 
matter.” [TMQ 33:36]

“O you who believe! Obey Allah, obey the Messenger and the rulers from 
amongst you, and if you disagree on a matter then return it (for 
judgment) to Allah and the Messenger if you truly believe in Allah and the 
Last Day.” [TMQ 4:59]

And the Messenger of Allah’s (Salallahu Alaihi Wasalaam) saying, “None 
of you will be a (true) believer until his desire follows that which I 
have come with (i.e. Islam).”


These evidences are explicit in making the sovereignty for the Laws of 
Allah (Subhaanahu Wa Ta’Ala) and not for the Ummah.


ii. The Authority is for the Ummah


It is clear that the authority i.e. the government, is for the Ummah 
because it is apparent in the method, defined by the Law-Giver in 
appointing the Khaleefah by the Ummah through the bay’ah, and also from the 
fact that the Khaleefah takes the authority by the bay’ah and he governs 
the Ummah on her behalf. And the fact that the Khaleefah takes the 
bay’ah is a clear proof that the actual authority is from the Ummah, who 
gives it to whom she sees fit. There are also other explicit ahadith 
which state that the Ummah appoints the leader and gives a bay’ah to him. 
It is narrated by ‘Abdullah ibn ‘Amr that the Messenger of Allah 
(Salallahu Alaihi Wasalaam) said, “It is not allowed that three be in the open 
(during a journey) and that they do not make one of them their leader.”


It is clear here that the appointer is the Ummah. And the ahadith of 
bay’ah, already mentioned, clearly make the point that the authority is 
from the Ummah.


iii. There is only one Khaleefah


To appoint one Khaleefah upon all Muslims to represent them in the 
government is a duty of the Muslims and we have gone through many ahadith 
about the appointment of the Khaleefah and the necessity that the 
Khaleefah is one, a matter which was also indicated by the Ijma’a of the 
Sahabah.


iv. The Khalifah alone has the right to adopt and enforce Islamic 
opinions in the State


The Khaleefah is the one who issues the constitution and the various 
canons. The Ijma’a of the Sahabah proves that only the Khaleefah can 
adopt divine laws and from this consensus is deduced these famous 
principles: “The Imam’s order settles the differences” and “The Imam’s order is 
implemented” and “The Imam can put forward as many solutions as the 
(number of) problems which arise.”


16. What Does the Structure of the Islamic State Consist Of


The structure of the Islamic State consists of the following 
components:


1. The Khaleefah. 
2. Delegated Assistants. 
3. The Executive Assistants. 
4. The Amir of Jihad (army). 
5. The Walis (Governors). 
6. The Judiciary. 
7. The Administrative System. 
8. The Council of the Ummah. 

These components have been taken from the Sunnah of the Messenger of 
Allah (Salallahu Alaihi Wasalaam), because he (Salallahu Alaihi Wasalaam) 
built the structure of the State, and he (Salallahu Alaihi Wasalaam) 
was the head of the State, and he (Salallahu Alaihi Wasalaam) ordered the 
Muslims to put for themselves a Khaleefah (after him) and he (Salallahu 
Alaihi Wasalaam) appointed Abu Bakr and ‘Umar as his assistants (as 
narrated in Tirmidhi), “My two wazirs from the people of the earth are Abu 
Bakr and ‘Umar.”


And wazir means the one who helps, and not the term Minister as used in 
the Western democracies. Similarly, the Messenger of Allah (Salallahu 
Alaihi Wasalaam) appointed commanders for war and jihad and appointed 
walis for the provinces. He appointed Mu’adh as a governor of Yemen and 
appointed A’ttab ibn Usayd as governor of Makkah after the conquest of 
Makkah. Similarly, he (Salallahu Alaihi Wasalaam) appointed judges to 
judge between people. He appointed ‘Ali ibn Abi Talib as a judge for 
Yemen and sent Rashid ibn ‘Abdullah as the amir of judiciary and Unjust 
Acts. As regards to the administration structure, he (Salallahu Alaihi 
Wasalaam) appointed secretaries for the public administrations, their rank 
being that of head of department. He appointed Mueqeeb ibn Abu Fatimah 
as secretary for the spoils of war and Hudhayfah ibn al-Yaman as 
secretary for collection of the zakat on the fruits of Hijaz.


As regards the Council of the Ummah, the Messenger of Allah (Salallahu 
Alaihi Wasalaam) did not always have a formal assembly, but he 
(Salallahu Alaihi Wasalaam) used to take advice from Muslims. He (Salallahu 
Alaihi Wasalaam) collected them on the day of Uhud and sought their 
advice. And sometimes he (Salallahu Alaihi Wasalaam) used to call specific 
persons on a continuous basis to seek their advice, and these were some 
of the leaders of their people (tribes), who included Hamzah, Abu Bakr, 
‘Umar, Ja’far, ‘Ali, Ibn Mas’ud, Salman, ‘Ammar, Hudhayfah, Abu Dharr, 
al-Miqdad, Sa’d ibn ‘Ubadah and Sa’d ibn Mu’adh, and they were like an 
assembly whose advice was sought.


Similarly, the Messenger of Allah (Salallahu Alaihi Wasalaam) formed an 
army and he was its real commander and he (Salallahu Alaihi Wasalaam) 
also used to appoint commanders in some of his battles.


17. Is the Monarchical system an Islamic System?

The Monarchical system is not an Islamic system and Islam does not 
approve of it whether the king is a figurehead who does not rule, as is the 
case in Britain and Spain, because the Khaleefah is not a figurehead, 
rather he is the ruler and an executor of the laws of Allah (Subhaanahu 
Wa Ta’Ala) on behalf of the Ummah, or if the king is the head and the 
actual ruler, as is the case in Saudi Arabia and Jordan. This is because 
the Khaleefah does not acquire his position like the kings do; rather, 
Muslims select him and give him the bay’ah. The hereditary system is 
not allowed in Islam; the Khaleefah does not have more privileges than 
any other Muslim citizen and he is not above the Law like the kings who 
cannot be tried, rather he is subservient to the laws of Allah 
(Subhaanahu Wa Ta’Ala) and is liable to be accounted on every act he commits.


18. Is the Republican system an Islamic System?

The Republican system is not an Islamic system and Islam does not 
approve of it whether it is Presidential in nature as in the US or it is 
Parliamentary, as found in Germany, because the Republican system in both 
these forms is based on the democratic system which gives the 
sovereignty to the people, whilst the system of Khilafah is based on the system 
of Islam that gives sovereignty to the Shara’. Accordingly the Ummah 
does not have the right to remove the Khaleefah, though she has the right 
to choose him and to account him, and only the Islamic rule can remove 
the Khaleefah i.e. in case he works against the Shara’ in such a way 
that it becomes necessary to remove him. The power to decide whether the 
Khaleefah has worked against the Law such that he must be removed rests 
with the Mahkamat ul-Mudhalim (Court of the Unjust Acts) which has the 
authority to remove him from the seat of Khaleefah, due to Allah 
(Subhaanahu Wa Ta’Ala) ruling, 

“O you who believe! Obey Allah, obey the Messenger and the rulers from 
amongst you, and if you disagree on a matter then return it (for 
judgement) to Allah and the Messenger if you truly believe in Allah and the 
Last Day.” [TMQ 4:59]

This means that they must turn over the matter to the Law of Allah 
(Subhaanahu Wa Ta’Ala) and His Messenger (Salallahu Alaihi Wasalaam), and 
the Court of the Unjust Acts represents the Law of Allah (Subhaanahu Wa 
Ta’Ala) and His Messenger (Salallahu Alaihi Wasalaam), whilst in the 
case of the President of the Republican system the people have the right 
to remove him, because the people have the sovereignty and the 
authority. The Khaleefah is not elected for a limited term; the only limitation 
to his rule is the implementation of Islam. If he does not implement 
Islam, he will be removed even if it is after only one month of his 
appointment. In contrast the President of the Republic is elected for a 
limited term. Moreover, in the Parliamentary system there is the Prime 
Minister beside the President, and the President is only a figurehead 
without power, the real power rests with the Prime Minister. The Khaleefah 
is the real ruler and he rules and implements his orders and he has no 
ministers who rule independent of him.


19. Is the Presidential system an Islamic System

Although the President in the Presidential system is himself the actual 
ruler, he does have with him ministers who have authority of ruling and 
he is their head and his rank is that of the President of the 
government. This is in contradiction to the system of Khilafah where the 
Khaleefah rules directly, and he has with him assistants. These assistants do 
not have the powers of ministers as in the democratic Republican 
system. When the Khaleefah becomes the ruler he is the ruler in the capacity 
of the head of the State and not the head of an executive committee. 
Therefore there exists a great difference between the Republican and the 
Khilafah systems, and therefore it is not allowed to name the Islamic 
State an Islamic Republic, nor is it allowed to say that the system of 
government in Islam is Republican nor that Islam is a Republican system 
because of the complete contradiction between the two.


20. Is the Islamic System an Imperial System?


The regions ruled by Islam - though they are of various races and 
linked to one central place - are not ruled by an imperial system but by a 
system contradictory to the imperial system. The Imperial system does 
not treat races equally in the various regions of the empire; rather it 
gives privileges in the ruling, finance and economy to the centre of the 
empire.


The Islamic way of ruling is to equate between the subjects in all the 
regions of the state. Islam grants non-Muslims who hold citizenship, 
the full rights and duties that Muslims have. They enjoy the same 
fairness as Muslims and are subject to the same accountability like them. 
Furthermore, every single citizen, regardless of his or her creed, enjoys 
rights that even a Muslim living abroad who holds no citizenship does 
not enjoy. With this equality, the Islamic system differs completely from 
the Imperial one. It does not make the regions under its ruling into 
colonies, areas of exploitation, nor a source of wealth funneled back 
into the central region for its own benefit, no matter how far apart they 
were, and no matter how different their races were. It considers every 
single region as a part of the state and its citizens enjoying the same 
rights as those in the central region. It also makes the ruling 
authority, its system and its legislation the same in all the regions.

21. Is the Federal System an Islamic System?


The ruling system in Islam is not federal, where its regions separate 
by autonomy, but unite in the general ruling. It is rather a system of 
unity, where Marrakesh in the West is considered to be the same as 
Khurasan in the East; and the province of Al-Fayoom would be the same as 
Cairo if it were the Islamic capital. The finance of all the regions will 
be the same, as will their budget. Funds are spent equally on the 
affairs of the subjects, regardless of their Wilayah. If for instance, the 
taxes collected in one Wilayah were double its expenditure, the funds 
spent will be to cover the Wilayah’s needs but not according to how much 
tax raised. If another Wilayah’s taxes fell short of its expenditure, 
this would not be taken into consideration, and funds will be spent to 
satisfy the Wilayah’s needs from the general budget whether it raised 
enough taxes or not.


Therefore the ruling system is one unit not a federation. That is why 
the Islamic ruling system is distinguished from other known systems, in 
its origin and basis, even if some of its aspects were similar to some 
of their aspects. Furthermore, the Islamic system is central in its 
ruling, where the high authority is at head office, and where the 
authority and power engulfs every single part of the state, no matter how small 
or large it is; independence of any part of it is not allowed thus 
preventing disintegration. The high authority is the body which appoints 
the army commanders, the Walis, rulers and finance and economy officials. 
He appoints judges in all the regions and everyone whose duties is to 
rule. He is the one who deals with ruling all over the land.


Source:  khilafah.com