After America’s humiliating defeat in Afghanistan, there is widespread discussion about the return of Islamic ruling. There is popular support for the implementation of the Islamic Shariah after the evident failure of man-made laws and systems to secure the affairs of Muslims. However, despite the divine evidences that enjoin the obligation to rule by Islam, there is an aversion to the idea of Shariah rule in some quarters. This is, perhaps, in part due to the distorted and improper application of the Shariah by a number of oppressive and tyrannical regimes that have ruled over the Ummah, since the destruction of the Khilafah, a Hijri century ago.
Such aversion should not exist, as the Shariah is from Allah (swt) and everything that Allah (swt) has enjoined upon the believers is nothing but a mercy for them. Allah (swt) says in the Qur’an,
[هَلْ جَزَاءُ الْإِحْسَانِ إِلَّا الْإِحْسَانُ]
“Is there any reward for goodness other than goodness” (TMQ Surah Ar-Rahman 55: 60). At Tabari commentated, هل ثواب خوف مقام الله عزّ وجلّ لمن خافه، فأحسن فى الدنيا عَمله، وأطاع ربه، إلا أن يحسن إليه في الآخرة ربُّهُ “Is there any reward for fearing the standing of Allah Almighty for the one who fears Him, does good in this world and obeys his Lord, other than his Lord does good to him in the Hereafter?”
A review of certain rulings (ahkam) that are enjoined upon us by Allah (swt), to be implemented by the soon to arrive Khilafah, confirm that the Shariah brings good in this world, ahead of being rewarded with good in the Aakhira.
The Unification of the Islamic Ummah under a Single Ruler
It is not allowed for the Ummah to be divided under different states. Instead, they must all be unified under one state and one ruler. Hizb ut Tahrir has adopted in its Introduction to the Constitution, Article 23, “As for the issue of the Khalifah being one, it is due to the narration of Abu Said Al-Khudri that the Messenger of Allah (saw) said, «إِذَا بُويِعَ لِخَلِيفَتَـيْنِ فَاقْتُلُوا الآخَرَ مِنْهُمَا»“When oath of allegiance has been taken for two caliphs, kill the one for whom the oath was taken later.” (reported by Muslim), and this is an unambiguous prohibition of allowing more than one Khalifah for the Muslims.”
The ruling for one leader was understood by the Companions of the Prophet (saw). When the believers assembled in the courtyard of the Banu Sa’ida clan to elect a leader and it was suggested that two be selected, Bukhari narrated that the Ansar said, مِنَّا أَمِيرٌ وَمِنْكُمْ أَمِيرٌ “Let there be an Amir from among us and an Amir from among you.” However, Ibn Ishaaq narrated that Abu Bakr (ra) said, وإنه لا يحل أن يكون للمسلمين أميران ؛ فإنه مهما يكن ذلك يختلف أمرهم ، وأحكامهم ، وتتفرق جماعتهم ، ويتنازعوا فيما بينهم ، هنالك تترك السنة ، وتظهر البدعة ، وتعظم الفتنة ، وليس لأحد على ذلك صلاح “And it is not permitted for the Muslims to have two Ameers. If that would occur it would lead to a differing in their affairs and rulings, and their community (jamaa’ah) would be divided, and there would be dispute between them. That would be discarding theSunnah, Bidah would arise and Fitnah would spread. None of that would be goodness for anyone.”
Imam al-Mawardi in his Al-Ahkam al-Sultaniyyah said: وَإِذَا عُقِدَتِ الْإِمَامَةُ لِإِمَامَيْنِ فِي بَلَدَيْنِ لَمْ تَنْعَقِدْ إمَامَتُهُمَا؛ لِأَنَّهُ لَا يَجُوزُ أَنْ يَكُونَ لِلْأُمَّةِ إمَامَانِ فِي وَقْتٍ وَاحِدٍ.“If two Imams are appointed in two separate lands, their leaderships are invalid, because it is not permitted for the Ummah to have two Imams at one time…” Imam al-Ghazali (rh) commented on this issue in Al-Iqtisād fī al-iʿtiqad: وعلى الجملة لا يتمارى العاقل في أن الخلق على اختلاف طبقاتهم وما هم عليه من تشتت الأهواء وتباين الآراء لو خلوا وراءهم ولمي كن رأي مطاع يجمع شتاتهم لهلكوا من عند آخرهم، وهذا داء لا علاج له إلا بسلطان قاهر مطاع يجمع شتات الآراء، “…no rational person doubts that if mankind, given their different classes, diverse desires and disparate opinions, are left to their own devices without decrees that they obey and that unify their factions, they would all end in ruin. This is an ailment that has no remedy other than a strong sultan who is obeyed and who unifies their disparate opinions.”
However, today, the Ummah has been divided without a single Khilafah to unify it. ‘Asabiyya (partisanship) has affected the thinking of the believers and has led to disunity and corruption. It is this disunity that has weakened the Ummah and left it vulnerable and in a state of destitute. The need to unify the Ummah has never been more apparent and such unification is only achievable through establishing the Shariah rule and re-establishing the Khilafah, which will be ruled by one Khalifah.
Ending Military Alliances with the Kuffar Powers
Instead of strengthening the Muslims by re-establishing the Khilafah and unifying the current Muslim states as a single powerful state, the rulers of Muslims make harmful military alliances with states that wage war on Islam, such as the US and China. In Article 190 of its “Introduction to the Constitution,” Hizb ut Tahrir has adopted, “All military treaties and pacts (with other States) are completely prohibited, along with anything of their type, or connected to them such as political treaties and agreements covering the leasing of military bases and airfields.”
It is prohibited to fight under the disbelievers’ banner and their leadership. The Hanifi jurist, Imam As-Sarkhasi, said in ‘Al-Mabsut’ in the book of ‘Siyar’: من حديث الضحاك رضي الله عنه أن رسول الله صلى الله عليه و سلم خرج يوم أُحد فإذا كتيبة حسناء أو قال خشناء فقال: من هؤلاء؟ قالوا: يهود كذا وكذا فقال: لا نستعين بالكفار» وتأويله أنهم كانوا متعززين في أنفسهم لا يقاتلون تحت راية المسلمين، وعندنا إنما نستعين بهم إذا كانوا يقاتلون تحت راية المسلمين، فأما إذا انفردوا براية أنفسهم فلا يستعان بهم، وهو تأويل ما روي عن النبي صلى الله عليه و سلم أنه قال: «لا تَستَضيئوا بنارِ المُشرِكين» رواه أحمد والنسائي من طريق أنس“From the hadith of Ad-Dahhak (ra) ‘that the Messenger of Allah (saw) went out the day of Uhud, and all of a sudden there was a good squadron or he said harsh squadron. So he said: من هؤلاء؟ Who are these? They said: The Jews of so and so. So he said: «لا نستعين بالكفار»We do not accept assistance of disbelievers.” Its interpretation is that they were reinforced by themselves and not fighting under the Muslims’ banner. For us, we only accept assistance from them if they were fighting under the Muslims’ banner, whereas if they stood alone with their own banner then we do not accept assistance from them. This is the interpretation of what was narrated of the Prophet (saw) said: «لا تَستَضيئوا بنارِ المُشرِكين» “Do not accept the fire of the polytheists” narrated by Ahmad and An-Nasa’i via the way of Anas.” END QUOTE.
The fire is an allusion (kinaya) for war; it is said in the Arabic language, the أوقَدَ نار الحرب “he kindled the fire of war” i.e. he initiated its evil and provoked it. The fire of intimidation is a fire the Arabs would kindle during alliance in Jahiliyyah. The hadith alludes to war with polytheists and taking their opinion, so the prohibition of war alongside polytheists is understood. From this, it became clear that military alliances with disbelieving States is Haram in the Shar’a so they are not convened. It is not allowed for the Muslim to shed his blood for the sake of defending a belligerent disbeliever. The Muslim only fights people so that they enter into Islam from disbelief (kufr) or live under the authority of Islam and pay jizya.
The Ummah of today lies in despair as its rulers forge military alliances with colonialists who occupy Muslim Lands, oppress Muslims and fight Islam. They befriend these enemies of Islam even though Allah (swt) warned,
[وَالَّذِينَ كَفَرُوا بَعْضُهُمْ أَوْلِيَاءُ بَعْضٍ إِلَّا تَفْعَلُوهُ تَكُن فِتْنَةٌ فِي الْأَرْضِ وَفَسَادٌ كَبِيرٌ]
“And those who disbelieve are friends to each other. If you do not do so, there shall be disorder on the earth, and a great corruption.” [TMQ Surah Al-Anfal 8:73]. Ibn Kathir said in his Tafseer in regards to this verse, إن لم تجانبوا المشركين وتوالوا المؤمنين ، وإلا وقعت الفتنة في الناس ، وهو التباس الأمر ، واختلاط المؤمن بالكافر ، فيقع بين الناس فساد منتشر طويل عريض“…meaning, if you do not shun the idolaters and make alliance with the believers alone, Fitnah will overcome the people. Then confusion will be rampant, for the believers will be mixed with disbelievers, resulting in tremendous, widespread trial between people.”
Men and Women Cooperation under the Khilafah
It is the obligation of both men and women to obey the commandments of Allah (swt) and uphold the call to Islam. Allah (swt) says in Surah At-Tawbah, verse 71,
[وَالْمُؤْمِنُونَ وَالْمُؤْمِنَاتُ بَعْضُهُمْ أَوْلِيَاءُ بَعْضٍ يَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ وَيُقِيمُونَ الصَّلَاةَ وَيُؤْتُونَ الزَّكَاةَ وَيُطِيعُونَ اللَّهَ وَرَسُولَهُ أُولَٰئِكَ سَيَرْحَمُهُمُ اللَّهُ إِنَّ اللَّهَ عَزِيزٌ حَكِيمٌ]
“The believers, men and women, are protectors one of another: they enjoin what is just, and forbid what is evil: they observe regular prayers, practise regular charity, and obey Allah and His Messenger. On them will Allah pour His mercy: for Allah is Exalted in power, Wise.” There are some responsibilities that are common between men and women, irrespective of their sex. So, all men and women must make Salah, fast and seek knowledge. The Prophet (saw) said, «طَلبُ العلمِ فريضةٌ على كل مسلمٍ»“Seeking knowledge is an obligation upon every Muslim (male and female).” (Sunan Ibn Majah).
In Article 114 of its Introduction to the Constitution, Hizb ut Tahrir has adopted, “The woman has been given the same rights as man, and whatever was obliged upon man is also obliged upon the woman, except that which was specified for her or him by the Shari’ah evidences. Accordingly, she has the right to partake in trade, agriculture and industry, and to undertake contracts and transactions, to possess all forms of property, to invest her wealth whether personally or through proxy, and to personally carry out all worldly affairs.”
However, whilst there are commands that are not sex specific, there are other commands that are sex specific. So, it cannot be said that Allah (swt) has enjoined identical responsibilities upon the believing men and women alone. Instead, each sex assumes a different role in society assigned to them by their Lord (swt). As an example, fighting in Jihad is an obligation upon men and not women. Ahmad and Ibn Majah reported through ‘Aisha (ra) who said: O Messenger of Allah, do women have to do Jihad? He (saw) said, «نَعَمْ عَلَيْهِنَّ جِهَادٌ لاَ قِتَالَ فِيهِ: الْحَجُّ وَالْعُمْرَةُ» “Yes, they have to take part in Jihad in which no fighting takes place: Hajj and ’Umra.”
Within the bond of marriage, it is established by the Shari’ah that it is Fard for the husband and father to work and earn an income to provide for his family. It is not Fard upon the wife and mother and any money that she earns is hers alone. This is evidenced from Surah An-Nisa, verse 34:
[الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِ بِمَا فَضَّلَ اللَّهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ وَبِمَا أَنفَقُوا مِنْ أَمْوَالِهِمْ]
“Men are the caretakers of women, as men have been provisioned by Allah over women and tasked with supporting them financially.”
It is the Fard of the wife and mother to take responsibility over the household, whilst custodianship of the children is her right in origin.It is narrated from ‘Abd Allah b. Amr b. Al-‘Aas, أَنَّ امْرَأَةً قَالَتْ: يَا رَسُولَ اللَّهِ، إِنَّ ابْنِي هَذَا كَانَ بَطْنِي لَهُ وِعَاءً، وَثَدْيِي لَهُ سِقَاءً، وَحِجْرِي لَهُ حِوَاءً، وَإِنَّ أَبَاهُ طَلَّقَنِي وَأَرَادَ أَنْ يَنْـتَزِعَهُ مِنِّي، فَقَالَ لَهَا رَسُولُ اللَّهِ صلى الله عليه وسلم: «أَنْتِ أَحَقُّ بِهِ مَا لَمْ تَنْكِحِي»“A woman said: ‘O Messenger of Allah, this is my son whom my stomach carried, my breast is a water-skin for him, and my lap is a guard for him. His father has divorced me and wants to take him away from me’. He (saw) said: ‘You have more right to him as long as you do not remarry.’” (reported by Abu Dawud and Al-Hakim that authenticated it and Al-Dhahabi confirmed it).
Hence, it is the man and woman who cooperate together and work as supporting pillars of one another, within marriage,
[هُنَّ لِبَاسٌ لَّكُمْ وَأَنتُمْ لِبَاسٌ لَّهُنَّ]
“…they are a garment (i.e. vestment, mutual protection) for you, and you are a garment for them…” [TMQ Surah al-Baqarah, verse 187].
Beyond these primary sex specific responsibilities, it is permissible for both the man and woman to partake in politics, to account the rulers, to work as civil servants and judges, and engage in public affairs. This is due to the generality of the pertaining textual evidences. It is through this that the believing men and women fulfill their obligation to enjoin the good and forbid the evil.
Public Property Ensures Plentiful Revenues for the Looking After the Affairs
In Article 129 of its Introduction to the Constitution, Hizb ut Tahrir has adopted, “Public property is the permission of the Legislator (swt) for the community to collectively utilize the property itself” and in Article 137: “There are three categories of Public Ownership: a. Public utilities, such as the open spaces in the towns. b. Vast mineral resources, like oil fields. c. Things which, by their nature, preclude ownership by individuals, such as rivers.”
Unlike Capitalism and Communism, Islam has declared that energy and minerals are neither a private nor a state property but a public property for all the Muslims. The Messenger of Allah (saw) said, «المسلمون شرکاء فی ثلاث الماء والکلأ والنار» “Muslims are partners in three things: water, pastures and fire (energy)” [Abu Dawood].
Shams al-A’imma al-Sarkhasi (d. 483), one of the early Hanafi authorities, says in his al-Mabsut:ولو استأجر بئرا شهرين ليسقي منها أرضه وغنمه لم يجز، وكذلك النهر والعين؛ لأن المقصود هو الماء وهو عين لا يجوز أن يتملك بعقد الإجارة، ولأن الماء أصل الإباحة ما لم يحرزه الإنسان بإنائه وهو مشترك بين الناس كافة قال صلى الله عليه و سلم «الناس شركاء في الثلاث في الماء والكلأ والنار» فالمستأجر فيه والآخر سواء؛ فلهذا لا يستوجب عليه أجر بسببه “If one leased a well for two months to irrigate his land and feed his sheep, this would not be allowed. Likewise, rivers and springs. This is because in all these cases the object being contracted over is water, which is a commodity that is not allowed to be owned through a lease. Further, the original hukm for water is permissibility (for all people to use) so long as someone does not take some in his container (then what he takes becomes his property). It is common property of all people, as the Prophet (saw) said, «الناس شركاء في الثلاث في الماء والكلأ والنار» “The people are partners in three things: water, pastures and fire.
Imam ‘Ala al-Dinal-Kasani (d. 587) of the sixth century also discusses this matter in his famous Bada’i al-Sana’i, saying: لأن الماء في الأصل خلق مباحا لقول النبي صلى الله عليه و سلم «النَّاسُ شُرَكَاءُ فِي ثَلَاثٍ الْمَاءِ وَالْكَلَأِ وَالنَّارِ» والشركة العامة تقتضي الإباحة إلا أنه إذا جعل في إناء وأحرزه به فقد استولى عليه وهو غير مملوك لأحد فيصير مملوكا للمستولي كما في سائر المباحات الغير المملوكة، وإذا لم يوجد ذلك بقي على أصل الإباحة الثابتة بالشرع فلا يجوز بيعه؛ لأن محل البيع هو المال المملوك وليس له أن يمنع الناس من الشفة – وهو الشرب بأنفسهم – وسقي دوابهم منه؛ لأنه مباح لهم. “Water in origin has been created permissible for all due to the statement of the Prophet (saw), «الناس شركاء في الثلاث في الماء والكلأ والنار»“The people are partners in three things: water, pastures and fire.” General partnership necessitates permissibility. However, when anyone takes some of it in a container for himself then he has established his ownership over it since previously it was unowned, as is the case with all other unowned permissible things. If this does not happen, the origin ruling of permissibility, established by the Sharia, remain and hence selling it is not allowed. This is because only the owned thing can be sold. Further, no one can prevent others from drinking therefrom or feeding their animals, since it is permissible for all.”
The Hanafi faqih of the sixth century Burhan al-Din Abu al-Hasan Ali ibn Abi Bakr al-Marghinani (d. 593) says in al-Hidaya, لا يجوز للإمام أن يقطع ما لا غنى بالمسلمين عنه كالملح والآبار التي يستقي الناس منها “It is not allowed for the ruler to grant (to a person/s) that which the Muslims collectively are in need ofsuch as salt mines and large wells from which the people irrigate their lands.”
The Shariah prevents the monopolization of those resources which are necessary for all. Instead, it ensures that such resources are available for all who need them, supervised by the state. The immense wealth they represent are not confined to the few, through profits after privatization. Although the Khilafah state takes charge of managing the public property and state property, it is not permitted for the Khalifah to grant the ownership of the public property to any private party, whether an individual or group, as it is a property for all Muslims. Revenues are for the public, looking after its affairs and securing its interests, and not for the state.
This applies to all the abundant wealth of public property, whether energy, such as petroleum, gas, electricity or replenishable minerals, such as copper and steel, or water, such as seas, rivers and dams, or pastures and forests. Indeed, the entire Ummah is known to possess the lion’s share of the world’s energy and mineral resources, but without Islam’s economic system, the Muslims are drowned in poverty and the Ummah carries no weight in world affairs, even when compared to states that possess a small fraction of its material wealth.
The revered Imam al-Ghazali (rh) wrote in his book, Al-Iqtisad fi al-Iʿtiqad, that were the Imamah to be abolished then أن يقول القضاة معزولون والولايات باطلة والأنكحة غير منعقدة وجميع تصرفات الولاة في أقطار العالم غير نافذة، وإنما الخلق كلهم مقدمون على الحرام،“ ..it is said that the judges are dismissed, the guardianships are invalidated and the contracts are not contracted, all the decrees of the governors everywhere in the world are unenforceable and all of mankind will be engaged in what is unlawful (haram).”
The situation that Imam al-Ghazali (rh) speaks of is the situation that the Ummah finds itself in today. It should be understood by the believers of today that the only way to implement the Shariah and fulfill our obligation to Allah (swt) is by re-establishing the Khilafah. Only then can goodness thrive and falsehood and corruption be defeated.
Allah (swt) says in Surah An-Noor, verse 51-52:
[إِنَّمَا كَانَ قَوْلَ الْمُؤْمِنِينَ إِذَا دُعُوا إِلَى اللَّهِ وَرَسُولِهِ لِيَحْكُمَ بَيْنَهُمْ أَن يَقُولُوا سَمِعْنَا وَأَطَعْنَا وَأُولَٰئِكَ هُمُ الْمُفْلِحُونَ (51) وَمَن يُطِعِ اللَّهَ وَرَسُولَهُ وَيَخْشَ اللَّهَ وَيَتَّقْهِ فَأُولَٰئِكَ هُمُ الْفَائِزُونَ]
“The only saying of the faithful believers, when they are called to Allah (His Words, the Qur’an) and His Messenger, to judge between them, is that they say: “We hear and we obey.” And such are the prosperous ones (who willlive forever in Paradise) (51) And whosoever obeys Allah and His Messenger, fears Allah, and keeps his duty (toHim), such are the successful ones. (52)”.
Khalil Musab – Wilayah Pakistan