Year: 2010

NOTE: Ḥizb ut-Taḥrīr (The Party of Liberation) is a Sunni pan-Islamist movement whose goal is to unite the Muslim ummah (community) and reinstate the Caliphate (al-khilāfah). Once the Caliphate is reinstated, the government would be ruled by Islamic law (sharī’ah) with the Caliph (khalīfah) being the head of state elected by a shūrā (consultation) council. Ḥizb ut-Taḥrīr was founded in 1953 in Jerusalem by Taqī ad-Dīn al-Nabhānī who was an Islamic scholar (‘ālim). Currently, Ḥizb ut-Taḥrīr is located in more than forty countries and is especially active in the United Kingdom and maintains a branch in the United States. The essay is unedited below.
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In answer to this there are two factors that need to be considered for someone to be suitable for a ruling position in the Khilafah – capability and strength of ideology.
Capability to Rule
Capability in carrying out the task of ruling is an explicit shar’i (Iegal) condition for the Khaleefah, Assistants (mu’awinoon) and the governors (wulah).
This ruling capability is manifested in certain traits that will enable the person to fulfil the responsibilities of office and manage the affairs of state. These traits are strength of personality, consciousness of Allah (taqwa), kindness and that he should not be one who causes aversion.
1. Strength of personality – The Prophet Muhammad صلى الله عليه وسلم stipulated that the ruler must be strong and that the weak person is not suitable to become a ruler.
Muslim narrated from Abu Dharr who said: “I said: O Messenger of Allah, will you not appoint me as a governor/ruler? He صلى الله عليه وسلم struck my shoulder with his hand then said: “O Abu Dharr, you are weak and it is a trust (amanah). On the Day of Judgement it will be a disgrace and regret except for the one who took it by its right and fulfilled his duty in it.”
Strength of personality means the intellectual and emotional strength. It is necessary that this mentality be the ruling mentality by which he understands matters and relationships, and that his emotional disposition (nafsiyya) is that of a ruler who understands he is a ruler so his inclinations are of a leader.
2. Consciousness of Allah (taqwa) – Since the personality trait of strength has within it the potential of domination there is an obvious need for the ruler to have an attribute which protects him from the evil of domination. It is therefore necessary that he has the attribute of taqwa in taking care of the Ummah.
Muslim and Ahmad from Sulayman bin Buraydah from his father: “Whenever the Messenger of Allah صلى الله عليه وسلم would appoint an Amir over an army or expedition, he would command him with taqwa with himself and to be good to those Muslims who are with him.”
The ruler, if he is conscious of Allah and fears Him, and accounts himself in his own soul secretly and openly, then this would prevent him from tyranny in the first instance.
3. Kindness – Taqwa alone would not prevent the Khaleefah from harshness and severity since in his taking account of Allah he would restrict himself to His commands and prohibitions. And since he is a ruler, it is natural in his position to be severe and hard, and because of this the Lawgiver (Ash-Shari’) commanded him to be friendly and not to be hostile to the citizens.
From Aisha who said: I heard the Messenger of Allah صلى الله عليه وسلم saying in his house of mine: “O Allah, whoever is appointed over any matter of my Ummah and is hostile to them, then be hostile to him! And whoever is appointed over any matter of my Ummah and is friendly to them, then be friendly to him!”[Muslim]
4. Doesn’t cause aversion – He also commanded to be one who gives glad tidings not one who repels or turns people away.
From Abu Musa who said: When the Messenger of Allah صلى الله عليه وسلم sent one of his companions in some of his affairs, he would say to him: “Give glad tidings and do not repel people, be easy and do not be hard (to the people).” [Muslim]
Strength of Ideology
The Khilafah is an ideological Islamic State where the Islamic aqeeda (belief) is the basis of the state, its institutions, systems and societal relationships. The Khilafah’s strength will depend directly on the strength of the ideology within the state. This means those in ruling positions must be of those who will work in protecting, implementing and propagating the Islamic ideology so the state remains strong and becomes a leading nation in the world.
This means those in ruling positions must be Muslim. This is because the Shari’a (Islamic law) has restricted ruling positions to those who believe in the ideology of the state i.e. Islam. This is no different to any ideological state within the world today. America or Western Europe for example would never accept a Muslim or Communist as President or Prime Minister. The fact that during Obama’s Presidential election campaign he was forced to distance himself from any hint of being a ‘secret Muslim’, such as removing two Muslim women in headscarfs from standing behind him in a speech is clear evidence of this.
Muhammad Asad in his book ‘The Principles of State and Government in Islam,’ writes on this point.
“One cannot escape the fact that no non-Muslim citizen – however great his personal integrity and his loyalty to the state – could, on psychological grounds, ever be supposed to work wholeheartedly for the ideological objectives of Islam; nor, in fairness, could such a demand be made of him. On the other hand, no ideological organization (whether based on religious or other doctrines) can afford to entrust the direction of its affairs to persons not professing its ideology. Is it, for instance, conceivable that a non-Communist could be given a political key position – not to speak of supreme leadership of the state – in Soviet Russia? Obviously not, and logically so: for as long as communism supplies the ideological basis of the state, only persons who identify themselves unreservedly with its aims can be relied upon to translate those aims into terms of administrative policy.”
Those in ruling positions must also be just (‘adl) and it is forbidden for them to be transgressors of the ideology (fasiq). The Shari’a has made justice a condition for the witness.
Allah سبحانه وتعالى says:
وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِنْكُمْ
“Call two just witnesses from amongst you.” [At-Talaq, 65:2]
Since the Khaleefah, Assistants and Governors rule over witnesses, by greater reason (Bab Awla) they must also be just (‘adl).
Having established the characteristics of those suitable for taking up ruling positions within the Khilafah the next question is where in the state would we find such capable people?
Selection of Rulers during the Umayyad and Abbasid Khilafah
After the period of the Rightly Guided Khaleefahs the rulers in the Khilafah were on the whole selected based on family ties where the Khaleefah would choose the next Khaleefah from his family. This led to the creation of ruling dynasties in the form of the Umayyads, Abbasids and later the Ottomans. The executive branch of the Khilafah started to resemble a monarchy, a period to which the Prophet صلى الله عليه وسلم referred to in the hadith narrated by Ahmed as a ‘biting kingship’.
Despite the misapplication of appointing rulers in the executive branch, the Islamic State was still a Khilafah, with the legislative and judicial branches held by the ulema (scholarly) class who ensured the shari’a was always implemented by the executive. Conflict between the ulema and executive always existed and ensured the independence of the judicial and legislative branches of government. This conflict came to a head during the inquisition (mihna) of Abbasid Khaleefah al-Ma’mun where Ahmed bin Hanbal refused to concede the Islamic position that the Qur’an was not created in favour of al-Ma’mun’s deviant view that the Qur’an was created. Abu Hanifa, Imam Shafi’i, Imam Malik, Imam Nawawi and Ibn Taymiyyah all faced persecution during their times for accounting the rulers and ensuring shari’a was always implemented by the executive.
One of the benefits cited for a monarchy is the clear line of succession for future rulers of the Kingdom. Historically, this was seen as providing a stable system that prevents a power vacuum after the King dies. When Mu’awiyah was Khaleefah he was the first to introduce the concept of hereditary bay’ah (pledge of allegiance) where the Khaleefah would nominate his son or other close relative to succeed him. In Mu’awiyah’s case he nominated his son Yazeed and took bay’ah for him before he died. The first to convince Mu’awiyah of such an idea was Al-Mughirah ibn Shu’bah who was Mu’awiyah’s governor in Basrah. He visited Mu’awiyah in Ash-Sham and said, “O Leader of the Believers! You are aware of what this Ummah faced of disorder (fitnah) and difference, and death is due on you; and I am afraid when it comes to you what had happened after the murder of Uthman will happen to the people. So assign to the people an outstanding person so that they take refuge in him,