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بسم الله الرحمن الرحيم
The Institutions of State in the Khilafah (In Ruling and Administration)
(Translation of Ajhiza Dawlat-al-Khilafah)
Hizb ut Tahrir
1426 AH - 2005 CE
TABLE OF CONTENTS |
Forward |
Introduction |
The Institutions of State in the Khilafah "Caliphate" |
The Khalifah |
The delegated assistants (mu'awin al-tafwid) |
The executive assistants (mu'awin al-tanfidh) |
The governors (wulah) |
Jihad |
The Judiciary |
The administration system (the people's affairs) |
Bayt al-mal (the state treasury) |
I'lam (the information media) |
The Ummah's council (shura and Accounting) |
The Flags and Banners |
The Anthem of the Khilafah "Caliphate" State |
Excerpts
Praise be to Allah, and prayers and peace be upon the Messenger of Allah, his household, his companions and those who followed them. Allah (swt) says,
[وَعَدَ اللَّـهُ الَّذِينَ آمَنُوا مِنكُمْ وَعَمِلُوا الصَّالِحَاتِ لَيَسْتَخْلِفَنَّهُمْ فِي الْأَرْضِ كَمَا اسْتَخْلَفَ الَّذِينَ مِن قَبْلِهِمْ وَلَيُمَكِّنَنَّ لَهُمْ دِينَهُمُ الَّذِي ارْتَضَىٰ لَهُمْ وَلَيُبَدِّلَنَّهُم مِّن بَعْدِ خَوْفِهِمْ أَمْنًا ۚ يَعْبُدُونَنِي لَا يُشْرِكُونَ بِي شَيْئًا ۚ وَمَن كَفَرَ بَعْدَ ذَٰلِكَ فَأُولَـٰئِكَ هُمُ الْفَاسِقُونَ]
"Allah has promised, to those among you who believe and work righteous deeds, that He will, of a surety, grant them in the land, inheritance (of power), as He granted it to those before them; that He will establish in authority their religion, the one which He has chosen for them; and that He will change (their state), after the fear in which they (lived), to one of security and peace: `They will worship Me (alone) and not associate aught with Me.' If any do reject Faith after this, they are rebellious and wicked." [TMQ 24: 55].
The Messenger of Allah (saw) said: "The Prophethood will last among you till Allah wishes it to last, and then Allah will raise it up. Afterwards there will be a Khilafah "Caliphate" according to the way of the Prophethood so long as Allah wishes it to last, and then Allah will raise it up. Afterwards there will be a self supporting rule and it will last so long as Allah wishes it to last, and then Allah will raise it up. Afterwards there will be an oppressive rule, and it will last as long as Allah wishes it to last, and then Allah will raise it up. And then there will be a Khilafah "Caliphate" according to the way of the Prophethood." [Ahmad in his Musnad, 4/273 (#18596) and al-Sunnah of ibn Abi ‘Asim (#1166 & 1169).]
We, the members Hizb ut Tahrir, believe in the promise of Allah (swt) we believe in the glad tidings that the Messenger of Allah (saw) conveyed to us and we work with and through the Islamic Ummah to restore the Khilafah "Caliphate" once again. We are confident of achieving this, and ask Allah (swt) to honour us by establishing the Khilafah, making us of its soldiers, where we raise its banner in glory and take it from victory to victory. Indeed, this is not much for Allah (swt) to fulfil.
In this book we wish to present a clear understanding of the practical implementation of the ruling and administrative organisations of the Khilafah state. More importantly, through this clarity we hope to uplift the hearts of the Muslims, so that they can visualise what the Khilafah state will be and strive towards it.
Our motivation in writing this book is the fact that the present ruling systems in the world are not consistent with the ruling system of Islam in terms of their structures and their bases. It is clear to all Muslims that these ruling systems are not derived from the book of Allah, the Sunnah of His Messenger and the other sources of Islamic law that are referred to by them. There is no disagreement amongst Muslims that these systems contradict the system of Islam.
What causes confusion is whether the shape of the ruling system in Islam, in terms of its institutions, is similar to the ruling systems currently being implemented. Therefore they accept the existence of ministers and ministerial institutions that operate in a similar manner to those existent in foreign manmade ruling systems. This book concentrates on the structure and institutions of the Khilafah state, so as to make the shape of the ruling system clear in the minds of Muslims before its return, Insha'Allah.
We also included the use of the flag and banner of the Khilafah state. There are other necessary matters we did not include in detail in this book. These will be treated in due course - Insha'Allah. These matters are the way of electing the Khalifah; determining the wording of the bay'ah; determining the mandatory powers of the provisional Khalifah in case the [actual] Khalifah fell captive and determining the chances of his rescue; organising the police of the wilayat (districts); appointing policewomen in the internal security department; the way of electing the councils of the wilayat as well as the council of the Ummah; and agreement to an official anthem for the Islamic state. We have indicated this where these occur in the relevant places of the book.
We ask Allah (swt) to hasten us towards His victory, bestow His favour upon us, and honour us with His support and beneficence, so that the Ummah may return to being the best Ummah brought forward from mankind and the state may return in the form of the first Islamic state so that it may spread justice and righteousness in all of its regions and territories.
That will be the moment the believers will rejoice at the victory that Allah (swt) gave them, through which Allah (swt) will heal their hearts.
Our last prayer is to celebrate the praise of Allah (swt) the Lord of the worlds.
The governmental institutions of the Khilafah "Caliphate" state differ from those known in currently applied ruling systems, even though some parts may appear to be similar. The institutions of the Khilafah state are derived from the institutions of the first Islamic State established by the Messenger of Allah (saw) in al-Madinah al-Munawwarah after his emigration from Makkah.
This ruling system was followed by the rightly guided khulafa' who succeeded him as heads of state.
Careful examination of the relevant Islamic texts reveals that the Khilafah state comprises the following institutions:
1. The Khalifah
2. Delegated Assistants
3. Executive Assistants
4. Governors (Wulah)
5. Amir of Jihad
6. Department for Internal Security
7. Department of Foreign Affairs
8. Department for industry
9. Judiciary
10. Department for People's Affairs
11. Bayt al-Mal (State Treasury)
12. Department of Information (I'lam)