Definition of Caliphate

[Gibreel]

(re-post)

This post presents the definitions and interpretation of the concept of Khalifah by the early Muslim Scholars. Fucusing on the status and special quality (Free Will) of humankind vis-a-vis other creatures in the universe: Leadership, Responsibility and Accountability.

Prophet Muhammad (saaw) said:

"There will be Nabuwa with Rehma (prophethood with Mercy). The there will be Khilafah with Ba’yah (pledge). Then Allah will change it when He wishes. Then there will be Mulkan ‘Adoodan (Rule by force). Then Allah will change it when He wishes. Then there will be Mulkan Jabriya (against people’s will). Then Allah will change it when He wishes. Then there will be Khilafah Ala Minhajin Nabuwa (on the path of prophethood). The earth and the sky will bestow their treasures." (Musnad Ahmad ibn Hanbal, Courtesy of Khilafah.Org)


Khalifah, Khalaif and Khulafa

KHALIFAH is an Arabic word literally meaning "one who replaces someone else who left or died" (English: caliph). In the context of Islam, however, the word acquires a narrower meaning. The Muslim Khalifa is the successor (in a line of successors) to Prophet Muhammad's position as the political, military, and administrative leader of the Muslims. The prophetic role of Muhammad is strictly not included in this definition, as the Qur'an and Hadith clearly state that Muhammad was the last of the prophets. Khilafa is a related Arabic word which, in the context of Islam, is used to denote the government of the Muslim state, of which the Khalifa is the head. A workable analogy of Khalifa and Khilafa is president and presidency or king and monarchy. The Khilafa is a fard kifaya on the ummah.

KHILAFAH (Arabic) - is used to denote the government of the Muslim state, of which the Khalifa is the head. A workable analogy of Khalifah and Khilafah is president and presidency or king and monarchy. The Khilafah is a fard kifaaya on the UMMAH.

The fisrt mater piece about Khalifah was written by Hassan bin Thabit. He wrote on Khalifah Uthman Ibn Affan; and he use the term "Khalifat Allah ( Vicegerent of Allah)" in 35 AH. Similar to Abu Al-Hasan Al-Mawardi (972-1058) in his book "Al-Ahkam Al-Sulataniya" used the terms,Khalifah of God and Shadow of God, describing the status of Muslim leadership. Khalifah is the "Head of the Political System" and Khilafah is the "Political Institution or Islamic System of Governance". The legitimacy of the Khalifah depends on the Bai'ah, the Pledge of Allegece of the People, and as long as he could perform the following functions:
1. The defence and maintainance of religion
2. The decision of legal dispute
3. The protection of territory of Islam
4. The punishment of the wrong doers
5. The provision of troop for guarding the frontiers
6. The waging of Jihad againts the Kafir Harbi
7. The organization and collection pf zakat
8. The payment of salery and administration of public fund
9. The appointment of competent officials
10. Personal attention to the detail of the government

In addition, Ibn Khadun (1375-1379 in his "Muqaddima, Chapters 25-28, defined the Khalifah as "The representative of the Prophet (pbuh); the exponent of the divinely inspired law (Shari'ah) and function to protect religion and the government of the world." Summarized from The Encyclopedia of Islam, vol. e-k, pp 881-885

The prerequisites to becoming the Khalifa:
1. The Khalifa must be Muslim.
2. He must be a man.
3. He must be knowledgeable in Islaam, and be able to make independent decisions if necessary.
4. He must be just, have good morals, and be trustworthy.
5. He must be physically able (non-handicapped), spiritual, brave, and helpful to protect the Ummah against its enemies.
6. His eyes, ears, tongue, and body in general should be in working condition. Today, for example, an artificial limb could be used to offset an otherwise crippling injury.
7. He must be politically, militarily, and administratively experienced.
8. He must be from The Tribe of Quraish because they used to be the leading tribe, the majority.

However, many Muslim scholars have commented on this prerequisite.

Al-Mawardi has written that the Khalifa should be Quraishi based on the saying of Abu Bakr that the Khalifas are Quraishi and their ministers are non-Quraishi. The majority of scholars are of this opinion. Other scholars have arrived at a different conclusion. Abu Bakr Al-Baqlani has said that the leader of the Muslims simply should be from the majority. Muhammad Riya-Ad-Deen and Abu Hanifa wrote that the leader must come from the majority to make it easy to follow him.


The Majlis-Ash-Shura

There is no fixed size for this group, however, it is generally agreed that it should not be too large. Muslim scholars have established some basic prerequisites which the members of the Majlis-ash-Shura should have to become part of that group. All agree that the members must be adults (in Islam, this means anyone who has entered puberty), and of sound mind. These members are chosen by the various communities in the ummah. Other prerequisites, while generally agreed upon, differ slightly from scholar to scholar.

Al-Mawardi has written that each member should satisfy three conditions: he must be just, he must have enough knowledge of Islam to differentiate between a potentially good Khalifa and a bad one, and he must have sufficient wisdom and judgment to select the best leader.

Al-Juwayni has four conditions for the Majlis-ash-Shura: each member must be a man, knowledgeable, above average relatively, and Muslim. Abdul-Jabbar is of the opinion that the members must have enough knowledge to select he who can be Khalifa - enough Islamic knowledge in particular, and wisdom and judgment in general.

Muhammad Rida wrote that the Majlis-ash-Shura should be the best of the ummah, composed of the scholars, leaders, soldiers, businessmen, and respected people of the society. All the members should have deep knowledge of Islam as a basic prerequisite. They must be people whose opinions and decisions are obeyed and respected. The Majlis-ash-Shura should have people from many fields of expertise to ensure a broad base of support and knowledge. Faiyadh has written that the Majlis-ash-Shura serves as an intermediary between the people and the Khalifa. The most qualified people to be in the Majlis-ash-Shura are the leaders of the different 'tribes', the Muslim scholars, and those experienced in life (i.e., experts in non-Islamic fields like economics, engineering, medicine, etc.). These are also the ones who represent the ummah and who can speak against the ummah. Al-Baghdadi believed that the Khalifa and the Majlis-ash-Shura should be selected from amongst those who can choose wisely.


How the Majlis-Ash-Shura selects the Khalifa

There are four conditions which must be met for the Majlis-Ash-Shura to legitimately select a new Khalifa:
1. There must currently be no existing Khalifa.
2. A qualified and willing individual must accept his nomination by the Majlis-Ash-Shura.
3. The nominee must have been selected freely by the Majlis-Ash-Shura - and the members of the Majlis-Ash-Shura must give him their bay'a.
4. The bay'a must be given to the nominee by the general populace - though some scholars say this is optional.

When the Majlis-ash-Shura votes for the Khalifa, the members must formally select one of the candidates, and there must be no objection against that candidate which can be supported by evidence. However, Muslim scholars have differed on the number of members in the Majlis-ash-Shura needed to select a Khalifa from the list of candidates. Some scholars say that at least a majority of the Majlis-ash-Shura must agree on the new Khalifa.

Al-Ashari believes the Khalifa could be given to an eligible person even by a single vote if he comes from the Majlis-ash-Shura and has a good Islamic character. There must also be no valid objection supported by evidence or witnesses. Another group of scholar's opinion is that the Khalifa must have two votes for him in the Majlis-ash-Shura who are good Muslims (two because the Majlis-ash-Shura is a jama'a which is at least three people).

A fourth opinion is that the Khalifa must have four votes (with no countering objection) because witnessing to a charge of adultery in Islam requires four witnesses. A fifth opinion holds that at least three votes are necessary to make the decision have the strength of a jama'a behind it. A sixth opinion is that at least five votes are needed to make an even stronger decision.Finally, a seventh group of scholars believes that it requires 40 members of the Majlis-ash-Shura to vote for the same candidate for him to become the new Khalifa since Friday prayer requires 40 people to be valid (according to some scholars).


Using force to choose the Khalifa

One way the Khalifa may be chosen is through the use of force. Many Muslim scholars say that if a person has already seized power, then to avoid Muslim bloodshed that person should be accepted if he upholds his duties as the Khalifa of the Muslim ummah. Ibn Hanbal wrote that if a Khalifa has seized power, it is haram to fight him. However, he must meet his responsibilities under Islam.

Ash-Shafi'i believed that a person who seizes power and then is accepted by the people is a legitimate Khalifa. An-Nawawi believed that if someone forces himself on the ummah, but is qualified, then he should be accepted by the people to avoid Muslim bloodshed and to preserve Muslim unity. An-Nawawi also claimed that if the new Khalifa subsequently does not follow the sunnah of the Prophet precisely, it would be still be questionable to fight against him because of the paramount importance of avoiding Muslim bloodshed and disunity.

Ibn Khaldun, Al-Asqalani and Al-Juwayni all believed that forceful seizure of power by someone is legitimate as long as he follows Islam as the new Khalifa. Ibn Taymiya wrote that after someone has seized power, he is legitimate so long as he follows the Qur'an and Sunnah. All scholars are in unanimous agreement that using force to displace an already established Khalifa who is meeting his responsibilities is forbidden. The above scholars rely on the following ahadith to support their opinions. From Sahih Muslim: A companion of the Prophet named Hudhayfah asked the Prophet about what the future holds for the Muslims. The Prophet replied that they will be led by devils at some point. The Prophet then added that the Muslims should obey these leaders. From Sahih Bukhari and Sahih Muslim: The Prophet noted that there will come leaders whom the Muslims will not like - that is, they will not follow the Sunnah precisely. The Prophet continued and ordered the Muslims to "give your right to them, and ask God for your right," or in other words be patient. From Sahih Muslim: The Prophet asked people for their bay'a in which he asked for obedience during weakness and strength, wealth and poverty. This request for obedience from the people applies to the Khalifas as well unless they exhibit signs of kufr.


Disobeying and Removing the Khalifa

Many Muslim scholars have commented on when it is permissible to disobey or remove the Khalifa, which is normally forbidden when the Khalifa is meeting all his responsibilities under Islam. Al-Mawardi believed that if the Khalifa has followed the Qur'an and Sunnah, the people must follow and support him. On the other hand, if he becomes either unjust or handicapped to the point of ineffectiveness (such as blindness or an amputation), then he must be removed.

Al-Baghdadi believed that if the Khalifa deviates from justice, the ummah needs to warn him first to return to the straight path. If this fails, then he can be removed. Al-Juwayni held that since Islam is the goal of the ummah, any Khalifa who steps away from this goal must be removed. Ashighistani wrote that if the Khalifa is found to be ignorant, oppressive, indifferent, or a kafir after his selection, then he must be removed.Al-Ghazali believed that an oppressive Khalifa must be told to desist from his crimes. If he does not, then he must be removed.

Al-Iji believed the ummah has a definite list of permissible reasons to remove the Khalifa. Al-Asqalani wrote that if the Khalifa starts to act as an unbeliever, it is prohibited to obey him and obligatory to fight him. It is obligatory to stand against him if one can - and this entails a big reward. Those people who choose to ignore the situation are in sin, whereas those who cannot fight should emigrate (to organize resistance). Al-Asqalani used two ayahs from the Qur'an in particular to support his position. The first is from surat Al-Ahzab 67-68, "...And they would say, 'Our Lord! We obeyed our chiefs and our great ones, and they deceived us as to the right path. Our Lord! Give them a double penalty and curse them with a very great curse'...", and the second is from surat Al-Baqara 167, "...And those who followed would say, 'If only we had one more chance, we would clear ourselves of them, as they have cleared themselves of us.' Thus will Allah show them (the fruits of) their deeds as (nothing but) regrets. Nor will there be a way for them out of the Fire..."

Muslim reported that Ibn Umar said the Prophet ordered every Muslim to obey their leader unless commanded to do something bad, in which case they must neither obey nor listen. Muslim also reported that Ibn Malik said the best leader is the one where mutual love exists between him and the people, and the worst leader generates mutual hate. However, even in the latter case, fighting the Khalifa is prohibited unless he enters kufr by stopping prayers or zakat for example. Ibn As-Samit reported that the Prophet said to obey him in all things and situations, and not to remove the leaders unless they openly practice kufr. Abu Daud reports from Ibn Ujrah that the Prophet entered a masjid, and said there will come leaders after him who disobey the Qur'an and Allah. Those who help them are not of the Muslims, but if someone opposes them, he or she is of the Prophet's people. Courtesy of www.usc.edu

The Khalifa must be seriously and unrepentantly off the straight path if he is to be accused of kufr. Actions like neglecting prayers, ignoring the fast, and claiming that the Qur'aan and Sunnah are outdated are the types of crimes that indicate kufr on the part of the Khalifa.In such circumstances, he must be warned quietly first before taking any physical action against him. However, in cases where the Khalifa is not a kafir, but is simply very belligerent (e.g., seizing the land of others unjustly), the people are obligated to yield their rights (including possessions) to avoid bloodshed. Instead, they should pray to Allah Almighty to restore their rights. Courtesy of Halal.com.my


The Removal of the Khalifa

The Majlis-ash-Shura is the body which has the authority to remove the Khalifa if he behaves contrary to Islam. At first, the Majlis-ash-Shura must advise the Khalifa of his deviant behavior, and warn him to stop. If the Khalifa does not change, then he must be told to resign. If he refuses and threatens to use physical force to stay on (e.g., a corrupt army backs him), then the Muslim ummah has three options available to it at that point:
Fight him according to some scholars.
Be patient, and let him lead, to avoid Muslim bloodshed. This is the strongest opinion: the majority of the ahl-ul-hadith and scholars of the Sunnah advocate this view including Malik, Ash-Shafi'i, and Ahmad.

Depending on the circumstance, either fight or be patient according to some scholars. When should the ummah have to fight? Muslim scholars all agree that fighting is obligatory on the ummah when the Khalifa starts to alter Islamic doctrine and practice. This makes him a clear kafir. Some scholars say that the Khalifa can be fought even when he becomes only a fasiq - e.g., he believes in prayer, but does not do it regularly. The majority of scholars say that this particular offense (neglecting prayer) is kufr anyway - not just fisq.

Abu Bakr As-Siddiq [R.A] said:

"...Obey me so long as I obey God and His Messenger (Muhammad, pbuh). But if I disobey God and His Messenger, ye owe me no obedience. Arise for your prayer, Allah had mercy upon you."

Wallahu A'lamu Bissawab

[AbuMubarak]

An article on Islamic Economics


Dear Members of the List:

Assalamu-Alaikum,

For easy action by your end we send the article once again as body text.

Yours sincerely,

Md. Mizanur Rahman
P.S. to Mr. Shah Abdul Hannan

Dear Members of the List:

Assalamu-Alaikum,

I am attaching an article on Economics I wrote 20 years back. This will
throw good light on the nature of Islamic Economics.

Yours sincerely,

Shah Abdul Hannan

OBJECTIVES AND CHARACTERISTICS OF ISLAMIC ECONOMY
By Shah Abdul Hannan

Preliminaries:
1. There is a misconception in some sections that establishment of
Islamic economy means establishment of Arab economy as it existed 1400
years back at the time of the Prophet (SM). This is not correct. Islamic
economy would be totally upto-date in its method of organization and use of
technology. Only the principles and framework will be derived from the
Quran, the teachings of the Prophet and the practices of the early days of
Islam.

2. Similarly, it is wrong to say that Islam does not give an economic
system. We recognize capitalism as an economic system, though its basic
characteristics are only the recognition of the private right of ownership
and freedom of economic activities for the individual. Likewise, socialism
is treated as an economic system, even though its only basic characteristic
is the social ownership of means of production. Islam gives us a much more
comprehensive guidance in economic matters such as prohibition of interest
compulsory levy of Zakat, freedom of work and enterprise, concern of the
poor, distinction between the Halal(permissible) and Haram (Prohibited) in
income, consumption and production and so on. As such Islam undoubtedly
gives mankind an economic system not found in other religions. An economic
system does not mean only the details of organization, which are more or
less the same in all economic systems.

3. It is also necessary to bear in mind that an Islamic solution of
the same problem may be more than one. There can be alternative solutions
or models for the same problems or issues. This is particularly true of
new issues. The difference can be quite acute in such sectors as land
reform and role of government is economy. As long as the alternative
solutions proposed by Islamic scholars through Ijtihad remain within the
explicit framework of the Quran and the Sunnah, the alternatives should be
considered Islamically valid and legitimate.

4. The Islamic economy which established by the Prophet (SM) and
developed by the Khulafa-i-Rashideen in Medina is the first model of
Islamic economy in so far as basic principles and values are concerned.
This should always remain as a reference point along with the Quran and the
Sunnah. We should remember that the Prophet freed the pre-Islamic Madinite
economy from Jahiliya, or all un-Islamic practices. As such, none can say
that what was allowed in Madinite economy, at that time as not permissible
to-day, or what was not permitted in that economy as permissible now.



5. The Goals of Islamic Economy

The goals of an Islamic economy are as under :
(a) Establishment of Adl.(Justice), to attain Hasanah(good) and
Falah(welfare) in this life and the life hereafter.
(b) To establish Ihsan (gracious conduct or kindness) in economic affairs.
(c) Establishment of Maroof (proper or good acts, institutions) in
economic life.
(d) Elimination of Munker(evil, wrong or injurious practices from
economic life).
(e) Freeing humanity from unwanted burdens and shackles and to make
life easier for them.
(f) Achieve maximum economic growth.
(g) Maximize employment to ensure maximum distribution of wealth in
society.
(h) Achieve universal education
(i) Encourage cooperation in society
(j) Favouring weaker sections to establish them in life.
6. The Following Verses of the Holy Quran clearly point out the
aforesaid objectives of Islamic economy:
(a) Allah enjoins on you justice and gracious conduct.(Sura Nahl: Ayat-90)
(b) When we give them power on earth, they establish prayer, give
Zakat, enjoin Maroof and prohibit Munkar(Sura Hajj, Ayat:41).
(c) He(the Prophet) enjoins them to follow right things and forbids
them from evil, he makes pure things lawful for them and impure things
unlawful, he relieves them of their burdens and frees them from shackles
that bound them(Sura Araf, Ayat:157).
(d) Our Lord, grant us good in this world and in the hereafter.(Sura
Baqara; Ayat:201)
(e) We desired to show favour into those who were depressed in the
earth, and to make them leaders and to make them inheritors and to
establish them on earth(Sura Qasas, Ayat:5-6).
(f) Co-operate in acts of piety and virtue and do not co-operate in
acts of sin and transgression (of laws of God)(Sura Al-Maida, Ayat-2)
(g) So that wealth does not circulate only among rich people of
you(Sura Hashr, Ayat:7).
There are many other verses of similar nature in the Holy Quran which
clearly establish the aforementioned goals of Islamic economy.

7. As regards achieving maximum economic growth, we can point out that
Islam did not allow any owner to keep his agricultural land uncultivated
for a long time. Islam also encouraged cultivation of barren land by any
body who could do so. Hazrat Omar-bin Abdul Aziz directed his governors to
lease all uncultivated state lands to any body who could cultivate against
even one-tenth share of the crop. This indicates Islam's concern for
maximum utilization of resources for maximum economic growth.(Dr. Yusuf Al
Qaradawi: Al Halal Wal Haram).

8. Islam also encourages maximum distribution of wealth as has been
indicated in the verse of Sura Hashr. Universal education has been
enjoined by the Prophet in his famous saying "Education is compulsory on
all Muslims, male or female". Education helps gainful employment which
helps in better distribution of wealth. (S.N.H. Naqvi: Ethics and
Economics. An Islamic Synthesis, First edition, Chapter-5, published by
Islamic Foundation, U.K.)



9. Basic Characteristics of Islamic Economy

Freedom of work and enterprise. Islam has allowed freedom of work and
enterprise. This is evident from the Madinite model of Islamic economy. A
reading of the chapter of any Hadith collection in respect of agriculture,
gardening, business etc. will establish this. The Quran also clearly
states that "Allah has made business lawful for you (Sura Baqara, Ayat-275)".
10. Free Economy: Islam allows economy to cooperate freely according
to the market forces subject to Islamic restrictions and guidelines on
production, distribution, marketing, investment trade, exchange, wages
etc. The state can also further interfere in this free economy to restore
equilibrium and establish justice and other Islamic objectives as explained
above. In an Islamic economy, there is an "allowability constraint" in
every idle (a terms introduced by Dr. S.N.H. Naqvi in his above mentioned
book.). An entrepreneur can produce only permitted things. Profit should
be normal in such an economy after giving proper wages to the labourers in
accordance with Islamic principles. Some forms of trade practices,
exchange, investment, and land tenancy in agriculture are prohibited in
Islam. It also disallows monopoly and hoarding as social evils.

11. The aforesaid restrictions make "Free economy in Islam
qualitatively different from capitalism. Islam cannot be said to be
capitalistic only because it allows forces of demand and supply to operate
in the economy. Forces of demand and supply are fundamental economic forces
which were operational in all ages even before capitalism.



12. Trusteeship ownership: In Islam God is the true owner of all
things. The Quran says: "To Allah belongs whatever is in the heavens and
whatsoever is in the earth". (Al-Imran) However, Allah in His mercy allows
human beings to inherit wealth, own it and use it subject to His laws as
evident from the following verses:
i) The land belongs to Allah. He allows it, to be inherited by
whomsoever he pleases. (Sura Araf, Ayat:128).
ii) Do they not see that we have created for them ---- among the things
fashioned by us------ cattle of which they become owners? (Sura Yasin, Ayat:29)
Islam, therefore, allows man as Vicegrant, to inherit from Allah (that is
to own) wealth. This is indeed a trust for proper use.
13. In early Islam there were three kinds of ownership; private,
communal an state ownership. The books of Hadith are full of accounts of
individual ownership. This was the standard ownership. Some important
things like water, canals pastures and graveyards were communal
properties. The state owned the mines, rivers and large tracts of
land. After the conquest of Syria and Iraq, these lands were made state
lands and were not allowed to go into private ownership. (Tafhimul Quran,
Sura Hashr, Syed Abul Ala Maududi).

14. There is no bar on state ownership of enterprise in Islam. The
basic economic institutions can be or should be brought under state
control, if required to establish social justice or protect the interests
of the community.



15. Protection of lawful Property: Islam protects lawful property and
is in favour of confiscation of unlawful property. There are many
instances of take over of unlawful property during the period of Hazarat
Omar and Hazrat Omar bin-Abdul Aziz. Lawful property can be taken over by
the state only for valid social seasons after due compensation. During the
last Hajj, the Prophet (SM) announced the principle of protection of lawful
property. The Quran says, "don't eat each other's property wrongly"(Sura
Nisa, Ayat-29).

16. Prohibiting of Interest: Islam prohibits interest. This requires a
total reorganization of the economy, banking, investment, exchange,
business and international trade. A big effort is under way in the Muslim
world in this direction. A body of literature has already come up on this
subject.



17. Zakat: Islam has made Zakat compulsory on the wealth of rich
Muslims. This is spent for the weaker and distressed sections of the
society. Zakat not only distributes wealth between the rich and poor of the
society, it also influences investment, savings and allocation of income
and resources. A detailed study has been made in this regard by Dr. Monzer
Kahf in his book "Islamic Economy". American Trust Publications, USA, A
rich body of literature has come up in recent times on Zakat. The Zakat
and Ushr ordinance of Pakistan can be particularly referred to in this
connection.

18. Concern for Poor: This is a special feature of Islam. Zakat is one
institution which testifies to this. In this connection we may refer to
Ayat 5-6 Sura Qausar as quoted in para 6 above, is particularly
significant, where Allah, the Almighty has expressed this desire to show
favour on the depressed people. Islamic economy shall establish all
possible institutions to carry out this desire of the Almighty.



19. Distribution of inheritance: Islam has not left the distribution of
inheritance on the whoms of a person. In Islam a person cannot favour one
over the other of his relations for temporary or subjective reasons as is
the rule in the West. Islam distributes inheritable property among several
groups of people :
i) Children
ii) Husband/wife
iii) Parents
iv) Brothers and sisters in certain situations.

This distribution has taken care of different groups keeping in view their
social role, requirements and proximity of kinship relationships. For
those who remain outside the list of inheritors. Islam has provided for
wasiat(will) for all such relations if they are in a distressed
condition. A person can will upto ?rd of his property for distressed
relations or others outside the inheritors.

Time and again as we veer from the clear injunctions of Allah, we hark back
discouraged and crest-fallen. Islam provides us the principles of social
behavior in our economic life. It is upto us to develop the technology for
the implementation of such principles. Already there is a resurgence over
the Islamic World towards these ends. We pray to Allah for his blessings
and continued guidance.(Summary of speeches given in Islamic Banking course
held in BIBM in January, 1982)