The Ruling System of Islam

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 Facts about the Ruling System
 
 The Islamic Ruling System is based upon a unique system of unity ordained
 by Allah (swt). It is not a federal, democratic, republican, monarchical
 or dictatorial system at all. It has no similarity to any man-made
 ideology.
 
 The Islamic State considers people under its authority as citizens,
 whether they are Muslims or non-Muslims. All have their rights guaranteed
 by Islam. There is no concept of 'ethnic minority' as people are not
 discriminated against at all due to their colour, race or religion.
 
 Al-Qurafi and Ibn Hazm (prominent scholars of Islam) reported:
 
 "That it would be our duty to protect the people of dhimma (non-Muslim
 citizens) if aggressors attacked our land, and we should die protecting
 them if necessary. Any neglect of such a duty would be a breach of the
 rights of the dhimma."
 
 The standing army of the 'Uthmani Khilafah was at one stage 60 million
 strong. The mentality of the Muslim soldier (mujahid) makes him
 undefeatable. If he is killed in battle he achieves martyrdom, and if he
 wins, his army is victorious. This is why in the battle of Mu'tah, 3000
 Muslims were prepared to face 200,000 better equipped Roman soldiers. The
 battle cry of the Muslims was, "Oh Allah! I am coming to you!"
 
 When the Crusaders attacked al-Sham (Syria), they were fought by the army
 of the Islamic State, where 80% of the country's Christians were fighting
 along side their Muslim fellow citizens.
 
 Islam imposes disciplines upon soldiers even in times of war. The purpose
 of Jihad is not to kill people or force them to change their belief. Nor
 does it aim to humiliate, exploit, plunder resources or punish the enemy.
 Rather it is a means of removing the physical barriers which prevent the
 people from having access to the call of Islam. These barriers include
 exploitative and corrupt leaders as well as the privileged few who have
 vested interests, and their supporters.
 
 There are no borders within the Islamic State. All people regardless of
 race or colour are united under the banner of one leader.
 
 The Khilafah is not an empire, like the old British or French colonialists
 who stole the wealth of other nations and returned them to their capitals.
 In all the places that were occupied by non-Muslims, the inhabitants curse
 their occupiers, while in areas that were opened to Islam, the people
 still long for its return, and are prepared even to die to achieve it.
 
 The job of looking after the affairs of the Ummah is restricted to the
 Khaleefah (head of state) and those he delegates to assist him. No other
 group, individual or organisation can involve themselves in this issue.
 
 Non-Muslims cannot be mistreated or unjustly discriminated against. Nor
 can their places of worship (e.g. Churches, Synagogues etc.) be attacked
 or destroyed. This is why we see areas in the Muslim world with Churches
 and temples that have lasted for centuries under Islamic rule, such as
 those seen in Egypt, Iraq, the Balkans etc.
 
 No groups, organisations or opposition parties based on non-Islamic
 principles can exist or be propagated in the Islamic State. However, those
 based on Islam need no permission to exist, and can be many in number.
 
 The centre of decision making, strategy and consultation is done in the
 capital city of the Khilafah. Throughout the history of Islam there have
 been five main capitals :
 
 Muhammad (saw) - Madinah
 'Ali (ra) - Kufah
 Ummayads - Damascus
 Abbasids - Baghdad
 'Uthmanis - Istanbul
 
 The leadership of the Khilafah changed from place to place and was held by
 Muslims of different racial origins throughout Islamic history. This bears
 testimony to the fact that the Khilafah is not an imperialistic entity,
 which steals wealth from other nations to return it to its capital. Its
 purpose is to convey the deen of Allah (swt) to all mankind.
 
 Leadership and ruling in an Islamic State is centralised, whereas
 administration is decentralised. The State is made up of a number of
 wilayaat (provinces) headed by governors.
 
 The main officials of the State are appointed by the Khaleefah. Every
 decision must emanate from the head of State. This negates any corruption
 and confusion within the ruling system. The Khaleefah is ultimately
 responsible.
 
 The method of appointing a Khaleefah is through the process of bay'ah
 (contract between the people and ruler), where the people are to obey the
 ruler as long as he implements Islam.
 
 The bay'ah may be contracted after either :
  - a general vote of the Muslims, or
  - by appointment from the representatives of the Ummah and influential people.
 
 Abu Hurayrah (ra) narrated that the Messenger of Allah (saw) said,
 "Behold, the Imam is but a shield from behind which the people fight and
 by which they protect themselves." (Muslim)
 
 Khaleefah 'Umar ibn 'Abdul Aziz was once found by his wife weeping after
 his prayers; asked if anything had happened to cause him grief, he
 replied:
 
 "O Fatimah, I have been made the ruler over the Muslims and the strangers
 and I was thinking of the poor that are starving, and the sick that are
 destitute, and the naked that are in distress, and the oppressed that are
 stricken, and the stranger that is in prison, and the venerable elder, and
 he that has a large family and small means, and those of them in the
 countries of the earth and the distant provinces, and I felt that my Lord
 would ask an account of them at my hands on the day of resurrection, and I
 feared that no defence would avail me and I wept."
 
 The Ummah elects representatives from among itself to stand on the Majlis
 al-Ummah (Council of the Ummah), which scrutinises the Khaleefah in his
 implementation of Islam, and advises him on the affairs of the Ummah.
 There are two types of Majlis al-Ummah - one is central and the other is
 provincial.
 
 There is no country existing in the world today that implements the system
 of government ordered by Islam. Rather, all the Muslim countries in the
 world are ruled by laws of kufr (non-Islam) even though the majority of
 their populations are Muslims.
 
 
 
 
 Relationship to the Khaleefah
 
 Do you think it is the teacher who is to blame if funding in schools is
 not sufficient to give your child a decent education? Do you think it is
 the fault of the ambulance service if they don't get to your house quickly
 in an emergency? Do you feel that the thousands of people who are homeless
 and hungry on the streets choose to live the way they do? If the answer to
 these questions is no, who do you think is to blame?
 
 In the West, you are living in a society which governs your affairs by
 so-called 'Parliamentary Democracy' where laws are made up by members of
 parliament. Every few years you have the opportunity to select who will
 represent your interests in the parliament. These people belong to one of
 several political parties, and the party with the most candidates assumes
 leadership of the country.
 
 It is these people who decide how to tax your wages, select who is
 eligible for housing or not, and who are responsible for issues like those
 mentioned before.
 
 However, this system is fraught with fundamental problems, all of which
 add difficulty to your functioning in it. Thus whether you are a Muslim or
 not, the way your affairs are governed is almost entirely independent of
 your concerns. Effectively, you have no choice in what laws you are
 subject to, and have little means of doing anything about them when they
 are enacted.
 
 Some of these problems are :
 
 1. The laws are subject to the whims and fancies of a handful of fallible
 human beings. Human beings are limited in knowledge, prone to error and
 subject to prejudice. Any system of government devised by them will
 reflect these problems. After all, if your next-door neighbour started
 telling you what you can and cannot do, would you listen to him? Even
 worse, what if he was racist or sexist?
 
 2. Once a government is elected, there is no way you can remove it before
 its term has finished, regardless of how many mistakes it makes or how
 corrupted it becomes.
 
 3. The individual MPs often act according to their own personal interests.
 Many leading MPs have been caught with their 'fingers in the till', or
 have admitted to adulterous affairs and other sexual malpractices. If
 their own wives can't trust them, can you?
 
 Bearing in mind these, do you have confidence that your affairs are being
 administered well? If you feel dissatisfied do you think that any
 complaints you have will be acted upon or even acknowledged? Probably not!
 
 The Islamic Ruling System is Different
 
 In Islam you will not be subject to man-made laws. The Ruling System of
 the Islamic State is based upon four pillars:
 
 1. The Sovereignty is for Allah alone.
 
 Allah says, "The rule is to none but Allah." [TMQ 6:57]
 This means the laws governing over you are free from the fanciful desires
 of people who are no better than you. The issue of devising laws is the
 right of Allah (swt) alone.
 2. The authority is for the Ummah.
 
 'Abdullah ibn 'Amr ibn al-'A'as narrated that the Messenger of Allah (saw)
 said, "Whosoever pledges 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, strike the neck of that man." (Muslim).
 
 Thus, the rulers are actually accountable to you, as opposed to
 themselves. It is the Ummah who has the right of appointing the Khaleefeh,
 and they have the right to remove him if he deviates from the Shari'ah.
 
 3. Appointing one Khaleefah is an obligation upon all.
 
 Abu Said al-Khudri narrated that the Messenger of Allah (saw) said, "When
 the oath of allegiance has been given for two Khulafa'a kill the latter of
 them." (Muslim)
 
 In Islam, all the Muslims throughout the world are united behind one
 leader. And because he implements only Allah's law, the people are not
 constantly bickering amongst themselves over what he will rule by.
 
 4. The Khaleefah alone has the exclusive power to adopt the divine laws -
 he alone enacts the constitution and various laws.
 
 Allah (swt) says,
 
 "O you who believe, obey Allah, and obey the Messenger and those of you
 who are in authority." [TMQ 4:59]
 
 Muslims carry out the orders of the Khaleefah without reservation or
 dispute, as long as they fall within the bounds of Islam, as verified by
 the Majlis al-Ummah, which is the Ummah's representative.
 
 From these, you can see that only the law of the Creator will be applied.
 The job of the Khaleefah and his assistants is merely to extract from the
 Islamic sources the hukm (Divine Rule) for any situation which may arise
 and apply it. The issue here then becomes not who rules, but what he rules
 by.
 
 Thus, you as a Muslim citizen of the Islamic State are the one who
 appoints who is to be in authority over you. You make sure that the laws
 governing over you are only those that the Creator has defined for you. It
 is only under this law that your rights will be secured, and you won't be
 subject to the whims and desires of ignorant human beings.
 
 Similarly, it is your responsibility as a Muslim to make sure that there
 actually exists a Khaleefah who will undertake this role. If one does not
 exist, as is the situation today, then you and the whole Muslim Ummah are
 sinful, unless you work hard to establish it.
 
 'Abdullah ibn 'Umar narrated that the Messenger of Allah (saw) said,
 "Whoso takes off his hand from allegiance to Allah will meet Him on the
 resurrection day without having any proof for him, and whoso dies without
 a pledge of allegiance on his neck dies a death of the days of jahiliyyah
 (ignorance)."
 
 Appointing the Khaleefah
 
 When the Khaleefah of the Muslims retires, dies or is displaced for any
 reason, there is no concept of automatic succession or 'Royal Family.'
 Rather, leadership in Islam is a contract between the Muslims and the
 Khaleefah. His authority depends entirely on the acceptance of the Ummah,
 which is represented by their giving him the bay'ah (pledge of
 allegiance). You are involved in appointing the new Khaleefah. These are
 the steps taken :
 
 Any candidates who wish to take the post make an application to the Majlis
 al-Ummah (Council of the Ummah). You may propose any candidate yourself,
 if you know someone suitable for the post. The members of the Majlis will
 consider all the applicants, and evaluate whether they meet the conditions
 required by Islam for the Khaleefah. The Khaleefah must be :
 
 1. Muslim
 2. Male
 3. Free (i.e. not a slave)
 4. Sane
 5. Mature
 6. Just
 7. Able to rule
 
 Islam also recommends other conditions, such as that he should be a
 mujtahid (scholar), experienced in politics, brave, pious etc.
 
 You would probably hear about the candidates once the Majlis has assessed
 them all and publicly announced who they are, along with a rsum of their
 respective achievements or abilities.
 
 After this, you would go to the nearest polling station, one of which will
 be available in every locality. Here you may cast a vote for the candidate
 whom you prefer.
 
 The State will order counting of the votes as quickly as possible so that
 the new Khaleefah may be appointed within 3 days - the maximum time that
 Islam allows the Ummah to be without an Amir.
 
 The candidate who has received the largest proportion of the vote will be
 the winner, regardless of whether he had the vote of more than half of the
 citizens of the State or not. Thus, if you had chosen someone who had the
 vote of 20% of the Ummah, he will win as long as no other candidates
 superceded this figure.
 
 Once the successor to the leadership of the Khilafah has thus been
 nominated by the Muslims, the members of the Majlis al-Ummah, along with
 the other candidates and those who hold key positions, such as the army
 officials and governors, will publicly give their bay'ah. These are the
 people who are the representatives of the Ummah, and they are collectively
 known as the ahl al halli wal 'aqd (people of influence and authority).
 This stage is the bay'ah of in'iqad (pledge of selection).
 
 You will be well informed about this selection from the media and other
 channels of government communication, such as the juma' khutbah.
 
 Remember : the sovereignty lies with Allah (swt) alone, but the authority
 is held by the Muslim Ummah. Thus, the Ummah must give their consent to
 the new Khaleefah for his rule to be valid, and this consent is manifested
 by the agreement of the people of influence and authority, who are the
 natural representatives of the Ummah.
 
 The newly appointed Khaleefah will then present himself to the Ummah and
 invite them to give their bay'ah. This second pledge is the bay'ah
 al-ta'aa (pledge of obedience). Obedience to the Khaleefah is a duty upon
 all Muslims, and you become sinful if you neglect it.
 
 You may give this pledge in person to the new Khaleefah, but as this is
 often impractical, you can represent your bay'ah by other means such as
 telegram or fax. It is recommended for you to do this, but the principle
 of 'silence is consent', means that if you took no action after hearing of
 the invitation for your bay'ah, you would not be sinful and would be
 regarded as having given it and accepted the Khaleefah.
 
 Once you have given this pledge, you have entered a contract to obey the
 Khaleefah for as long as he implements Allah's Law, whether you are in
 public or in the privacy of your home.
 
 Abu Hurayrah narrated that the Messenger of Allah (saw) said, "Whoever
 obeyed me he obeyed Allah; whoever disobeyed me he disobeyed Allah;
 whoever obeyed the Amir, he obeyed me, and whoever disobeyed him he
 disobeyed me." Bukhari and Muslim
 
 In Britain for example, it is well known that as soon as the new Prime
 Minister is elected, he and his party throw most of the election promises
 they made to you in the bin, and proceed with the personal agenda they
 never told you about before. Now that you have appointed the Khaleefah,
 how can you make sure that he does not renege on his promise to obey
 Allah's Law?
 
 
 
 Would I be able to speak to the Khaleefah?
 
 In Britain once the appointment of the new leader is complete, your input
 to the running of the country's affairs is effectively finished for the
 next five years. In the Islamic Ruling System, your opinion is not only
 valued by the leadership, but in some circumstances you may be obliged to
 voice it. Imagine you as a citizen of the Islamic State had a complaint.
 What can you do?
 
 It may happen that the Khaleefah neglects his duty. Instead of Allah's
 law, he rules as he pleases according to his own whims and fancies - i.e.
 becoming a dictator . He could for example allow the State to ally with
 organisations based on taghut (disbelief) like the UN, or permit trading
 by riba (interest) in the banks. Or he may become corrupted himself by
 being a thief or an adulterer. These kind of things often happen in the
 West, but we find ourselves in no position to do anything about it.
 
 As a citizen of the Islamic State, whether male or female, Muslim or
 non-Muslim, you can approach the Khaleefah. This may be done for any
 reason, be it to encourage him to fear Allah, or to ask him for your
 rights. However, your reasons can be broadly divided into two categories:
 
 1. Advice : You might inform the Khaleefah of any news or information that
 may be of the public interest, such as the necessity of a school or
 hospital in your community.
 
 2. Accounting : If you feel that the Khaleefah is neglecting his duties in
 any way, it is your duty to account him for it and advise him to correct
 his wrong actions. This may be in cases where he has failed to implement
 any Islamic law, like neglecting the duty of Jihad, or if he has
 implemented laws which contradict Islam, such as allowing the selling of
 alcohol. You may also voice your concerns if he is unjust in his dealings
 with the people such as not providing the basic necessities.
 
 How Can You Approach  the Khaleefah ?
 
 In the first instance, you would write a letter to the Khaleefah. This
 would be read by one of his hajib (secretaries) involved in
 administration, and would be dealt with by him, or brought to the
 attention of the Khaleefah himself if necessary.
 
 You could go to your local representative of the Majlis al-Ummah,
 particularly if it was regarding a local issue. You and every citizen of
 the Islamic State have access to a member of the Majlis. He would take
 your complaint and represent it at the next meeting of the council for
 consideration by the other members. If they decided the matter was grave
 enough to be taken further, they would advise the Khaleefah.
 
 If the matter is of a more pressing nature, you could arrange to meet one
 of the Khaleefah's delegated assistants. He has similar authority to the
 Khaleefah, although he is finally accountable to him, so he may be able to
 deal with your problem himself. Otherwise, he is in constant communication
 with the Khaleefah and could represent your views to him.
 
 If you are not satisfied with any of these, you have the right to meet the
 Khaleefah in person. At the court of the Khaleefah you would be received
 by his hajib, who could either pass on your message or arrange for you to
 meet the Khaleefah if you required.
 
 Taking the Khaleefah to Court
 
 If the Khaleefah fails to consider your problem as a valid argument and
 resolve any mistakes he has made, or you feel you have not been dealt with
 fairly, it is your right to take the matter to the Mahkamat al-Madhaalim
 (Court of Unjust Acts). This court is concerned with disputes between the
 people and those in authority.
 
 The Qadi Madhaalim (Judge of Unjust Acts) will study your complaint. If he
 finds that the Khaleefah has lost his sense of accountability to Allah
 (swt), is ignoring the Shari'ah (Divine Law), and is ruling by his own
 desires - he has the authority to order the Khaleefah to conform to Islam.
 Should the Khaleefah refuse, then he may be subject to dismissal from
 office by the Qadi Madhaalim and replaced by someone who is just. If your
 problem is legitimate, it will be solved immediately, not after 5 years!
 
 Thus we can see that the Ruling System of the Islamic State gives you full
 license to account and advise the leader so far as his conformity to
 Allah's laws are concerned. It is forbidden for the Khaleefah to become a
 dictator - ruling by his own whims and desires, and it is your job to make
 sure he does not become one. In the history of Islam, it is only when the
 Muslims themselves neglected the duty of accounting those in authority
 that the state of affairs in the Muslim world declined. This is one of the
 elements which ensures that Allah's deen is preserved in its
 implementation, and demonstrates that the final authority lies with the
 Muslim Ummah.
 
 
 
 The Islamic Ruling System
 
 As Muslims, it is part of our belief that Islam is a complete way of life
 which provides systems to govern each and every aspect of a human beings
 life, be they Muslims or non-Muslims. Unfortunately nowadays, due to the
 infiltration of certain corrupt ideas, the Muslims have started to
 question the fact of whether Islam has provided a ruling system, not only
 applicable on the Muslims but on the whole of mankind.
 
 Furthermore, the Islamic Ruling System is binding upon the entire Muslim
 Ummah. Meaning that it is an obligation to follow it. This is
 substantiated by the evidences provided in the description of the Islamic
 Ruling System.
 
 Principles of Ruling In Islam
 
 It is of the utmost importance that all in the Ummah understand clearly
 the principles of ruling and its evidences in the same way in which we
 work to understand fully all other obligations (furood). However, a few
 guidelines need to be established before studying the principles of ruling
 in Islam. For instance, the absence of any single principle will make the
 system a non-Islamic system. Thus, all the principles have to exist in
 order for it to be considered an Islamic Ruling System, e.g. if the
 sovereignty does not belong to the Allah (swt) and the leader forces his
 own rule on the people, the State can no longer be considered an Islamic
 State. Simply put, there must be proper conditions laid down that qualify
 a state to become an Islamic State, otherwise any state could claim
 illegitimately to be so, as is currently the case with countries such as
 Saudi Arabia, Iran, Sudan etc.
 
 
 The Islamic Ruling System
 
 As Muslims, it is part of our belief that Islam is a complete way of life
 which provides systems to govern each and every aspect of a human beings
 life, be they Muslims or non-Muslims. Unfortunately nowadays, due to the
 infiltration of certain corrupt ideas, the Muslims have started to
 question the fact of whether Islam has provided a ruling system, not only
 applicable on the Muslims but on the whole of mankind.
 
 Furthermore, the Islamic Ruling System is binding upon the entire Muslim
 Ummah. Meaning that it is an obligation to follow it. This is
 substantiated by the evidences provided in the description of the Islamic
 Ruling System.
 
 Principles of Ruling In Islam
 
 It is of the utmost importance that all in the Ummah understand clearly
 the principles of ruling and its evidences in the same way in which we
 work to understand fully all other obligations (furood). However, a few
 guidelines need to be established before studying the principles of ruling
 in Islam. For instance, the absence of any single principle will make the
 system a non-Islamic system. Thus, all the principles have to exist in
 order for it to be considered an Islamic Ruling System, e.g. if the
 sovereignty does not belong to the Allah (swt) and the leader forces his
 own rule on the people, the State can no longer be considered an Islamic
 State. Simply put, there must be proper conditions laid down that qualify
 a state to become an Islamic State, otherwise any state could claim
 illegitimately to be so, as is currently the case with countries such as
 Saudi Arabia, Iran, Sudan etc.
 
 The First Principle: Sovereignty belongs to the Shari'ah.
 
 An individual does not run the affairs of the Ummah (nation) or those of
 another individual as he pleases; nor can the Ummah run her affairs as she
 pleases. The individual and the Ummah's actions and initiations are
 subject to Allah's (swt) commands and prohibitions. Thus, the sovereignty
 belongs to the Shari'ah, i.e. the Qur'an and the Sunnah of the Messenger
 (saw), and not to the Ummah. In other words, no human being has the right
 to legislate in Islam. Consequently, no law-making body exists in the
 Islamic ruling system. Evidence of this is abundant from the Qur'an, the
 Sunnah and Ijma' of the Sahabah (Consensus of the companions of the
 Messenger).
 
 1. Evidence from the Qur'an:
 
 Allah (swt) has said,
 
 "The rule is to none but Allah ." [TMQ 6: 57]
 
 "If anyone rules by other than what Allah has revealed they are kafiroon
 (unbelievers)." [TMQ 5:44]
 
 This clearly proves that the rule, judgement and supremacy are all to
 Allah (swt) alone.
 
 2. Evidence from the Sunnah:
 
 The Messenger of Allah (saw) said, "No one among you becomes a believer
 until his feelings (emotions) are in harmony with what I have brought."
 
 The actions of Allah's Messenger (saw) since the day he was sent, to his
 death, clearly demonstrate that the supremacy is to the Shari'ah of Allah
 (swt).
 
 3. Evidence from Ijma' of the Sahabah:
 
 The actions of the Khulafa'a Rashidoon (the first four Khulafa'a) have
 indicated that the supremacy is to the Shari'ah and not the people. The
 Sahabah did not object to this and consented. Their consensus is proof
 that the supremacy is indeed to the Shari'ah and nothing else.
 
 Therefore the supremacy is to the Shari'ah; for the Khaleefah is not given
 the pledge by the Ummah merely to be a hired man executing just what the
 Ummah decides - as is the case in the democratic system - he is given the
 pledge or allegiance by the Ummah to execute the rules of the Qur'an and
 the Sunnah of the Messenger (saw), i.e. to execute the Shari'ah Laws and
 not just what people want; and if the people deviated and disobeyed the
 Shari'ah he should fight them until they repented and returned to
 obedience.
 
 The Second Principle: Authority belongs to the Ummah.
 
 Evidence of this principle can be looked at from two sides:
 
 Firstly: The Shari'ah has given the right of appointing the Khaleefah to
 the Ummah; in other words it is the Ummah who chooses the Khaleefah and
 gives him the pledge of allegiance. This was accomplished by the pledge of
 allegiance given to him by the Muslims. This is backed by many ahadith
 from which we list the following:
 
 Ubada ibn al-Samit reported, "We pledged ourselves in complete obedience
 to the Messenger of Allah in wealth and woe..."
 
 Jarir ibn 'Abdullah reported, "I pledge myself in complete obedience to
 the Messenger of Allah."
 
 Abu Hurayrah (ra) reported, "The Messenger of Allah (saw) said: Three
 types of people Allah will not talk to on the Day of Reckoning, nor would
 he forgive them; they would be severely punished: A man who has water to
 spare and would not give it to the traveller, a man who gives his pledge
 to an Imam but not for his deen - he would only obey him if he gave him
 what he wanted, otherwise he would not, and a man who would strike a deal
 with another man after 'Asr, swearing by Allah that he was given so much
 for the goods and he was not given so."
 
 Secondly: The Shari'ah allows the Khaleefah to take the authority from the
 Ummah once it gives him the pledge of allegiance then the Ummah is obliged
 to obey him for he is a Khaleefah with a bay'ah (pledge). So the authority
 is given to the Khaleefah by the Ummah by giving the pledge of allegiance
 (bay'ah al-ta'aa) to obey him. This indicates that the authority is to the
 Ummah.
 
 Evidence about the Khaleefah taking the authority by a pledge can be
 deduced from the following: 'Abdullah ibn 'Amr ibn al-'A'as reported that
 he heard the Messenger of Allah (saw) saying, "Whosoever pledges
 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 strike the neck of that man." (Muslim)
 
 Nafi'a reported that 'Abdullah ibn 'Umar told him that he heard Allah's
 Messenger (saw) saying, "Whosoever takes his hand from allegiance to Allah
 will meet him on the Day of Resurrection without any evidence supporting
 him and whosoever dies while there was no allegiance on his neck dies a
 death of the days of ignorance." (Muslim)
 
 Many other ahadith indicate that the authority is to the Ummah for it
 chooses a man from among it, gives him the authority and gives him the
 pledge of allegiance according to the Book of Allah and the Sunnah of His
 Messenger (saw).
 
 The Third Principle:
 
 The Shari'ah has made it an obligation on every Muslim to have a bay'ah
 for a Khaleefah; the obligation is to fulfil the pledge. Every Muslim
 should have a bay'ah  on his/her neck. This can only be achieved if a
 Khaleefah is appointed. The evidences of this principle is derived from
 the Sunnah and Ijma' of the Sahabah.
 
 1. Evidences from the Sunnah
 
 Many ahadith confirm that Muslims are forbidden from having more than one
 state and from having more than one ruler (Amir) in the whole world.
 Following are two ahadith related to this issue:
 
 a. Imam Muslim reported on the authority of Abu Said al-Khudri that the
 Messenger of Allah (saw) said, "When the bay'ah has been given for two
 Khaleefahs kill the latter of them." (Muslim)
 
 b. Imam Muslim reported on the authority of 'Abdullah ibn Amr ibn al-'A'as
 that the Messenger of Allah (saw) said, "Whosoever pledges allegiance to
 an Imam giving him the clasp of his hand and the fruit of his heart should
 obey him as long as he can and if another comes to dispute him you must
 strike the neck of that man." (Muslim)
 
 2. The Ijma' of the Sahabah
 
  In the books of Al-Fasil-fi-al Milal by Ibn Hazim, Tarikh of al-Tabari,
 Al-'Aqd al-Fareed of Al-Waqidi, Al-Seerah of Ibn Kathir, Al-Sunan
 al-Kubra'a of Bayhaqi and Al-Seerah of Ibn Hisham it is reported that
 Al-Habbab ibn al-Mundhir said when the Sahabah met in the wake of the
 death of the Messenger of Allah (saw) at the saqifa (hall) of bani Sa'ida,
 "One Amir from us and one Amir from you (meaning one from the Ansar and
 one from the Muhajireen)." Upon this Abu Bakr replied, "It is forbidden
 for Muslims to have two Amirs (rulers)..."
 
 The Sahabah heard him and approved and consented; no one disputed the
 verdict, but submitted to it and accepted it as a law (indication of
 evidence from the Sunnah). The Ansar then conceded their claim to the
 Khilafah and al-Habbab ibn al-Mundhir was the first to give his pledge of
 allegiance to Abu Bakr (ra).
 
 The Ijma' of the Sahabah then took effect on the day of al-saqifa that it
 is an obligation for all Muslims to have one ruler only.
 
 The Fourth Principle:
 
 This principle, derived from the Qur'an, the Sunnah and Ijma' of the
 Sahabah, can be extracted from two different angles:
 
 a. Obedience to the head of the Islamic State is an obligation on Muslims.
 b. Looking after the affairs of the Muslims is an obligation on the head
 of State.
 
 The first point: Obeying the head of the Islamic State is an obligation on
 Muslims.
 
 This has been clearly confirmed in many Qur'anic verses and ahadith to the
 point where the Shari'ah considered the obedience to the ruler as part of
 the obedience to Allah (swt) and His Messenger (saw). Therefore obeying
 the ruler entails a reward and disobedience entails punishment.
 
 Following is an evidence from the Qur'an:
 
 "O you who believe! Obey Allah, and obey the Messenger and those of you
 who are in authority." [TMQ 4:59]
 
 
 Evidence from the Sunnah:
 
 Bukhari, Muslim, Abu Daud, al-Nisa'i and Ibn Majah reported on the
 authority of Abu Hurayrah (ra) that he heard the Messenger of Allah (saw)
 say, "Whoever obeyed me he obeyed Allah; whoever disobeyed me he disobeyed
 Allah, whoever obeyed the Amir he obeyed me and whoever disobeyed him
 disobeyed me."
 
 Bukhari, Abu Daud, Ibn Majah and Ahmad ibn Hanbal reported on the
 authority of 'Abdullah ibn 'Umar that the Messenger of Allah (saw) said,
 "The Muslim should hear and obey in whatever he liked or disliked as long
 as he is not ordered to commit a sin. If he were ordered to commit a sin
 he should neither hear or obey."
 
 Bukhari, Muslim and Ahmad ibn Hanbal reported on Ubada ibn al-Samit's
 authority that he said, "We pledged ourselves to the Messenger of Allah in
 complete obedience in wealth and woe, in ease and hardship and evil
 circumstances that we would not dispute with the people in authority
 unless a flagrant disbelief (kufr bu'ah) for which we have clear evidence
 from the Shari'ah is witnessed."
 
 These Qur'anic verses and ahadith from the Sunnah indicate clearly that
 obedience to the head of state is an obligation, whether his title were
 the Khaleefah, the Imam, the Amir of the believers or the person in
 authority. He must be obeyed for he is the one in authority over the
 Muslim Ummah.
 
 If the Shari'ah obliges Muslims to obey the people in authority with the
 Khaleefah as their supreme ruler his obedience would then be in matters he
 commands according to the Shari'ah. He is not to be obeyed in matters that
 are sinful nor in the event of his changing of the divine laws in any way.
 
 The second point: Looking after Muslims' affairs is the duty of the head
 of the State
 
 The head of the State is the guardian of the Ummah and the trustee of her
 affairs. He is, by Shari'ah, entrusted with protecting and looking after
 the Ummah's interests. That is why the Ummah gives him the authority to
 rule by what Allah (swt) has revealed so he works towards enforcing Islam
 in society and within the State as well as conveying the Islamic Message
 to the world.
 
 Evidence from the Sunnah:
 
 Bukhari, Muslim, Abu Daud and Tirmidhi reported on the authority of
 'Abdullah ibn 'Umar that the Messenger of Allah (saw) said, "Each one of
 you is a guardian and you are all responsible about your guardianship, the
 Imam is a guardian of the people and he is responsible for his
 guardianship of the people."
 
 The Structure of the Ruling System of Islam
 
 In Islam, the Ruling System (and its other systems for that matter) is not
 designed by man, but rather by the Creator of all things, Allah (swt).
 Therefore, as Muslims we must abide by this ruling system.
 
 The ruling system Islam has given is one of unity. This is because the
 divine evidence has brought nothing else and forbidden us to adopt
 anything else. This ruling system of unity puts the power of ruling in one
 mans' hands, i.e., the Khaleefah. No other person is allowed to share
 power with the Khaleefah. It is narrated by 'Abdullah ibn Amr ibn
 al-'A'as, "Whoever gives 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. If
 another comes to dispute with the Imam, strike the head of the other."
 (Muslim and Bukhari).
 
 Also, the Messenger of Allah (saw) said, "If two Khaleefahs are given the
 allegiance, kill the latter of them." Muslim and Bukhari
 
 This proves that Islam prohibits having two rulers for the Muslims.
 Therefore, it is haram  to form nation states with different rulers upon
 the Muslim lands. Therefore, the Islamic ruling system is one of unity and
 not of a federate structure.
 
 In Islam, the ruling system is based wholly and solely on the divine text,
 i.e. the Qur'an, Sunnah and Ijma' of the Sahabah. The lives of the Sahabah
 should be an area of study, for a Muslim is obliged to take laws from the
 Ijma' of the Sahabah.
 
 Unlike all other forms of ruling systems, Islam does not allow man to
 legislate rules within this system by utilising his own mind. Legislation
 is left only to Allah (swt). Man only has to recognise, understand, and
 implement these laws. We, therefore, disregard anyone who suggests ideas,
 concepts, and theories alien to the Islamic ruling system such as
 Democracy, Islamic Socialism, Islamic Republic (as in Iran, Pakistan,
 Sudan, etc.), and so on. It is totally inappropriate, and tantamount to
 kufr, to say that Islam did not give us a definite, detailed, clear
 picture of what the ruling system of Islam is. This would lead one to be
 implicitly stating that Islam is incomplete. Also, those who claim that
 the Islamic form of ruling system is not applicable in today's world are
 delving in the cauldron of kufr ideas. Islam is a deen applicable for all
 times and places!
 
 Allah (swt) through the Qur'an, Sunnah and the Ijma' has given us a clear
 picture of what the Islamic form of ruling system is.
 
 Departments of Ruling in the Khilafah
 
 Simply put, the Islamic ruling system consists of the following
 departments:
 
  Khaleefah
  Delegated Assistants (Mu'awin Tafweedh)
  Executive Assistants (Mu'awin Tanfeedh)
  Governors (Wulah)
  Amir of Jihad
  Judges (Qudah)
  Administrative System (Jihaas Idaari)
  Council of the Ummah (Majlis al-Ummah)
 
 It should be noted that of these departments, three are actual rulers. A
 ruler is one who maintains the responsibility of implementing Islam,
 within the State and has the authority of executing Islamic punishments
 upon those who have violated any Islamic law. The other bodies have no
 authority to enforce Islamic laws on the people without the permission of
 the rulers.
 
 The three bodies of rulers are the Khaleefah, Delegated Assistants and
 Governors. As for the judges, they incorporate two positions of actual
 ruling which are the Chief of Judges (Qadi al-Quda) and the Judge of
 Madhaalim (complaints against the State); while the other bodies of people
 are responsible for carrying out the orders of these rulers.
 
 Of course, the head of state is the Khaleefah. This distinction places
 restrictions on where, when, and how the Delegated Assistants, Governors,
 Head of Judges and Judge of Madhaalim may execute their rule upon the
 people.
 
 As such, the rulers within the Islamic State must be Muslims, males, just,
 free, able, adult, and sane.
 
 The Khaleefah
 
 The word Khaleefah linguistically means 'successor' in the Arabic
 language. But, the Shari'ah of Islam has given us another, more
 comprehensive definition of the word Khaleefah. The Prophet of Allah (saw)
 said, "...there will be no more prophets after me, only Khulafa'a."
 Bukhari
 
 In this hadith the word Khulafa'a is not referring to successors, but to
 heads of the Islamic State. The word Khaleefah is, therefore, taken to
 mean 'that man who rules over a people by Islam,' acting as the head of
 the State. The same Shari'ah definition would apply if we used the word
 Imam, instead of Khaleefah, to indicate the head of State. And since in
 Islam, the bay'ah is given only to a head of the State, both the words
 Khaleefah and Imam are pertaining to the head of the State.
 
 The Process of Bay'ah
 
 The method of installing the Khaleefah is through the process of bay'ah.
 The power to rule by Islam is given by the Ummah to the Khaleefah.
 Authority belongs to the Ummah and it deputises the Khaleefah to enact the
 Shari'ah. This is done through a contract between the Khaleefah and the
 Ummah. The Ummah must obey as long as the Khaleefah implements Islam on
 them.
 
 The process of bay'ah may occur after a general vote given by all the
 Muslims of the Islamic State or it may occur after a vote among the ahl al
 halli wal 'aqd (people of influence and authority). Voting is merely a
 means to determine the choice of the Ummah, it does not substitute the
 bay'ah. Non-Muslims, children, and Muslims residing out of the State do
 not have the right to vote. If all the Muslims of the Islamic State are
 voting then the bay'ah al-in'iqad (pledge of acceptance, by which he
 becomes Khaleefah) is given to the man elected. However, if the vote
 occurs through the representatives, then a bay'ah al-in'iqad is first
 given by the representatives, after which a second bay'ah al-ta'aa (pledge
 of obedience) is given by the Ummah to the person elected. The silence of
 the Ummah over the elected Khaleefah can be considered as the bay'ah of
 obedience. It is through this bay'ah process that a person attains his
 position as Khaleefah. The candidates for the position of Khaleefah may,
 in addition to self nomination, be chosen by the Majlis al-Ummah. It is
 from these candidates that the Ummah chooses for itself a ruler.
 
 Once the appointment is made, the Ummah then has no right to dismiss the
 Khaleefah, as long as he upholds the Shari'ah and fulfils the conditions
 to be a Khaleefah. Since the contract made between the Ummah and the
 Khaleefah is for the Khaleefah to rule upon them with Islam, the Ummah has
 no right to dissolve the contract, as long as he maintains his part of the
 contract. Therefore, a Khaleefah has no term of office. He remains the
 head of State, as long as he is able to uphold the contract or until he
 tenders his resignation.
 
 On the other hand, a Khaleefah may be dismissed for the following Islamic
 reasons:
  If he becomes an apostate (i.e. becomes a non-Muslim).
  If he neglects the prayers and proposes for others to do the same.
  If he becomes physically incompetent to handle the duties assigned
 to him in his contract, such as losing sight, hands, both legs, etc.
 However, losing one ear or his nose or his sexual organs does not impair
 his ability to perform his duties.
  If he persists in debauchery and immoral behaviour (fisq),
 injustice in public behaviour, and negligence of the Islamic laws.
  If he changes his sex, since women are not allowed to assume positions of ruling.
  If he becomes a captive, under the kuffar, from where he cannot
 enforce his rulings upon the citizens of the State and freely maintain the
 operation of the State in addition to the absence of any possibility for
 his return.
  If another person dominates him in his opinions and the Khaleefah
 is unable to exert his own opinion in the process of running the State.
 Here, the case would be that a second person is running the State, while
 the Khaleefah becomes symbolic.
 
 In each of these situations, the case is brought to the highest court of
 the Islamic State i.e., the Court of Madhaalim (unjust acts, where
 complaints against the State are raised). The court arbitrates, of course,
 according to the Qur'an and Sunnah. The decision made by the Court of
 Madhaalim is binding on both parties.
 
 The Delegated and Executive Assistants to the Khaleefah
 
 Delegated Assistant
 
 The delegated assistants (Mu'awin Tafweedh) are appointed by the Khaleefah
 to assist him in ruling the State. The evidence for this appointment is
 derived from the hadith of the Prophet (saw) in which he said, "My two
 ministers (wazirs) from the people are Abu Bakr and 'Umar." (Tirmidhi).
 
 Islam, on the other hand, allows these ministers to go beyond a specific
 function. The ministers whom the Prophet (saw) appointed were not
 specialised or assigned restrictively to a specific function. It is
 therefore preferable to use the word Mu'awin (assistant) instead of
 ministers, so as not to confuse it with the Western terminology of
 minister.
 
 The delegated assistant is one whom the Khaleefah delegates to perform all
 functions in the way of general delegations. In the appointment of the
 Delegated assistant it is necessary for the Khaleefah to cite both the
 aspects of general ruling and being his assistant in the contract, because
 appointing him in only one aspect restricts his function as a Mu'awin.
 
 Such was the case when Abu Bakr appointed 'Umar as his assistant, and when
 'Umar took 'Uthman and 'Ali as his assistants, and when 'Uthman took
 Marwan ibn al-Hakam and 'Ali as his assistants. These delegated assistants
 are responsible to the Khaleefah and they inform the Khaleefah of the
 matters surrounding them.
 
 The delegated assistants, therefore, have a general responsibility in
 ruling the State and must be appointed by the Khaleefah for this general
 responsibility. They are responsible to the Khaleefah for their actions
 and the Khaleefah must examine the delegated actions and disposals of
 these delegated assistants. We must remember that the contract for ruling
 is between the Ummah and the Khaleefah alone. It is the Khaleefah who is
 finally responsible for the proper implementation of Islam on the people.
 
 Executive Assistant
 
 The Khaleefah is allowed to engage himself in administrative matters. The
 Prophet (saw) did engage in administrative matters when he broke idols,
 organised the Jihad, and erased his title from the Treaty of Hudaybiyah.
 To facilitate matters, he may appoint executive assistants (Mu'awin
 Tanfeedh) to help him manage the administration of the State. Unlike
 delegated assistants, the executive assistants are only executors of the
 directives of the Khaleefah. They are not rulers. They may, also, be
 assigned to one specific area of work or administration.
 
 Just as the authority of the Mu'awin Tanfeedh is limited so are the
 conditions for his appointment. The executive assistant carries out the
 orders and rules of the Khaleefah which are to be implemented, and then
 brings feedback to the Khaleefah, regarding the execution.
 
 The Wali and the 'Aamel of the Provinces
 
 Subdivisions of the wilayaat or Provinces are called 'amalat or districts.
 Supervision and responsibility for these 'amalat is assigned to an 'aamel
 or sub-governor.
 
 Having previously discussed the position of Khaleefah, we will contemplate
 here on the role of wali and 'aamel who implement Islam upon their
 residents. This general jurisdiction of the wali obliges us to consider
 him as a ruler. He, therefore, has similar responsibilities to those which
 are assigned to the Khaleefah for the efficient operation of the State.
 However areas that might make him autonomous, such as finances of the
 State, the army, and the judiciary, as well as adopting laws other than
 those adopted by the Khaleefah, are not within his control since they
 might pose a threat to the unity of the State.
 
 The wali himself may choose to further subdivide his region into 'amalat
 and appoint 'aamels to them. These subdivisions and appointments each
 assist in the implementation of Islam and the resultant tranquillity of
 the State. The Prophet (saw) said, to his appointees, "Make it easy not
 difficult, make the people optimistic not pessimistic, do not make the
 people go away but make them come closer, and consult one another."
 
 This is an indication for us to administer the Islamic State in a manner
 which will not put the people to unnecessary hardship, and thereby cause
 the people to come closer to Islam.
 
 The appointment of the wali is carried out by the Khaleefah. The
 appointment is given by the Khaleefah on the provision that the wali rules
 within his jurisdiction by Islam and does not venture, at anytime, to
 usurp the power of the Khaleefah.
 
 The qualifications for both the wali and the 'aamel are the same, since
 both have similar responsibilities. They are rulers and must therefore
 qualify for the conditions of rulers. They must be Muslim, male, mature,
 sane, 'adl (just), free, and able to handle their responsibility.
 
 The wali and the 'aamel have full command in their region of appointment.
 In their respective regions they are responsible for all the various
 departments of administration. However, they are ultimately responsible to
 the Khaleefah, who can oversee their decisions, and dismiss them if their
 conduct is incorrect. The Police of the Islamic State are at the disposal
 of the wali or 'aamel, in their efforts to establish the Shari'ah upon the
 people.
 
 The Amir of Jihad
 
 The directorates of the Amir of Jihad consist of four departments. These
 are :
 
 1. The External Affairs (Foreign Policy)
 2. The Military
 3. The Internal Security
 4. Industry
 
 The Amir of Jihad is the director and supervisor of all four departments.
 The Khaleefah may delegate this position to a suitably qualified Muslim,
 but since he is the head of state, it is important that he takes on the
 role himself.
 
 1. The External Affairs (Foreign Policy)
 
 The Foreign Policy of the Islamic State
 
 The foreign policy of the Islamic State covers the external policies of
 the State and its relationship with other nations and countries. The
 foreign policy in Islam serves three objectives:
 
 1. To protect the entity of the State and the Ummah.
 2. To facilitate the da'wah to other people and nations.
 3. To organise the relationship of the Islamic State with other states.
 
 When one considers these aims it becomes clearly apparent that the foreign
 policy of the Islamic State is not merely a fard (obligation) upon the
 Muslims to implement, but with the existing bloodshed, rape and
 destruction of Muslims around the world, like Bosnia, Kashmir, Palestine
 etc., it is a practical necessity.
 
 It is an utmost duty upon the Muslim Ummah to convey the message of Islam
 to humanity. On His arrival from Khaybar, the Messenger of Allah (saw),
 addressing his companions (ra), said, "Oh people, Allah has sent me as a
 mercy to all mankind; do not dispute with me like the disciples disputed
 with Isa (as) son of Maryam. The companions exclaimed : And how did the
 disciples dispute, O Prophet of Allah? He (saw) answered : He (Isa) called
 them to that which I called you; he who was sent to a near place was
 pleased and satisfied, but he who was sent to a far place became
 displeased and heavy footed." This is an indication of the importance of
 carrying the da'wah.
 
 And Allah (swt) says,
 
 "It is He who has sent the Messenger with the guidance and the deen of
 truth, that it may prevail over all other deens." [TMQ 9:33]
 
 The duty to spread Islam necessitates that the Muslims be in contact with
 what is happening all over the world. This contact requires an awareness
 of the many differing states, peoples and thoughts, because all of them
 are essential to the goal, i.e. the spreading of Islam.
 
 Our goal as an Islamic Ummah is to spread Islam to all corners of the
 globe and this means we are compelled to work on an international level.
 In other words we must know the situation and major problems of the world,
 understand the motives and public opinion of the people, the various
 political actions and manoeuvres and above all, we must be aware of what
 is happening in the international arena. This political awareness is of
 primary importance to the major states and is what politicians all over
 the world mainly concern themselves with.
 
 The people of the Islamic State should have political awareness as one of
 their characteristics. If it is their duty to spread the Islamic call
 (da'wah), then this awareness must be made commonplace. We cannot begin to
 organise our relationships with the other states unless we achieve this
 awareness.
 
 Hence, conveying the Islamic call is the axis around which the Foreign
 Policy of the Islamic State revolves, and is the basis upon which
 relationships with other states are built.
 
 
 
 The Relationship of the Islamic State with Other States
 
 The relationship of the Islamic State with other states should be built
 upon four approaches:
 
 1. Firstly, the countries of the Muslim world are to be considered as
 being part of one country. Hence, these countries are not considered in
 the sphere of foreign policy. Instead the procedure will be to unify them
 all into one state. For example, if the State was established in Egypt,
 then all the other Muslim countries would be considered - not as foreign
 states - but as part of the Muslim Ummah. We would not recognise them as
 separate states. Therefore, we would not establish our embassies in them
 or vice versa. Instead we should call the Muslims in those countries to
 their duty which is to unite themselves to the Islamic State.
 2. Those states with whom the Islamic State has economic, commercial, good
 neighbouring and/or cultural treaties; they are treated in accordance to
 the terms of the treaties. However, the economic and commercial relations
 with them must be confined to certain items that benefit the Ummah. It
 must not lead to the strengthening of those states on our account.
 
 3. Those states with whom we do not have treaties; the actual Imperialist
 states like America, France and Britain; and those states that have
 ambitions in the Islamic State, such as Russia. All these states are
 considered as potential enemies of war and possible invaders. All
 precautions should be taken with them.
 
 4. Finally, those states that are actual enemies of war, such as Israel.
 These states must be treated as in a state of war and this must be the
 basis of all transactions.
 
 The Basis and the Method for the Foreign Policy
 
 The root of interaction between the Islamic State and the other states is
 the duty to propagate the call of Islam (da'wah). The method by which to
 achieve this is the declaration of Jihad. This was the method of Muhammad
 (saw) as soon as the Islamic State was established in Madinah. It must be
 stressed that the Muslims are not permitted to start fighting with the
 enemy without first presenting them with the opportunity to accept and
 embrace Islam, thereby becoming part of the Islamic State. This is the
 first process of the three stage method of delivering the call of Islam
 through Jihad.
 
 If this offer is turned down, they are asked to pay jizyah (head tax) and
 to be part of the State. They would be treated as dhimma (non-Muslim
 citizen of the State), i.e. the State would be responsible for their
 security and protection. They would be ruled by the Islamic Shari'ah and
 their land would become Muslim land and part of the Islamic State.
 
 If the enemy on the other hand refused both of these options, namely to
 reject the Islamic Belief and System or reject the System and the payment
 of jizyah, the Muslims would proceed to the third stage and declare war
 upon them. Muslim narrated on the authority of Sulaiman ibn Buraid that
 the Messenger of Allah (saw) said, "If they refuse to accept Islam, demand
 from them the jizyah. If they agree to pay, accept it from them and hold
 off your hands. If they refuse to pay the jizyah, seek Allah's help and
 fight them."
 
 Allah (swt) says,
 
 "And fight them (on) until there is no more tumult or oppression, and
 there prevails justice and faith in Allah, altogether and everywhere.""
 [TMQ 8:39]
 
 This third and final stage of Jihad has various implications that should
 expose many of the misconceptions held about Jihad :
 
 a. Jihad, contrary to the slander propagated by the West, is not barbaric.
 In fact, when the Muslims declare war, as offensive Jihad, the purpose is
 to remove any obstacle in the way of implementing Allah's (swt) deen, and
 the fighting is regulated by the rules of the Shari'ah. Therefore, in the
 third stage of Jihad after the first two options have failed, the Islamic
 army, when they enter and fight, are not allowed to kill women, children
 or the elderly. Nor will they fight civilians who are not supporting or
 participating in the fighting.
 
 Indeed, Islam defines a specific code of conduct for the Muslim army, that
 ensures justice even in the battle field. These rules include : no
 destruction of trees or buildings unnecessarily, no 'civilian targets', no
 mutilation of dead bodies, no raping of women, no torturing prisoners of
 war, etc. This lies in stark contrast with the practices of the kuffar in
 war, where every conceivable act of barbarity and transgression is
 perpetrated against the people.
 
 b. By principle, Jihad is offensive, i.e. the Muslims initiate it to
 spread the boundary and domain of Islam, and offensive Jihad is the
 responsibility of the State. The foreign policies of all the existing
 Muslim regimes, such as Sudan, Iran or Saudi Arabia are clearly in
 contradiction to this fundamental principle of Islam, for they recognise
 and accept the national borders and their integrity, as laid down by the
 'International Law.'
 
 c. Jihad linguistically means to exert oneself to the utmost. Therefore,
 the word 'jihad' can be used to describe the effort put into studying,
 working or looking after children etc., but the Shari'ah definition of
 Jihad is very specific and is defined by the classical scholars as, "To
 fight the disbelievers (kuffar) to the utmost, to make the word of Allah
 (swt) the highest in all the lands (i.e. sovereign)." Therefore, Jihad is
 linked by the Islamic Shari'ah to the physical fighting.
 
 d. Since Jihad by principle is offensive and requires the State, that
 which is associated with it, i.e. defensive Jihad, is also integral to
 Islam. However, defensive Jihad, i.e. the repelling of kuffar who fight
 the Ummah or take her land, is not part of the foreign policy. Thus it is
 a duty that must be performed by the Ummah, whether they have a state or
 not.
 
 2. The Military
 
 The Army of the Islamic State
 
 The issues of internal security, the ability to spread da'wah, and repel
 foreign attacks are taken care of by the army.
 
 Allah (swt) has obligated us to spread Islam to the world and has
 specified the method as da'wah and Jihad, and that Jihad is fard.
 Accordingly, every male Muslim who reaches the age of fifteen is obliged
 to enlist in the army and undergo military training to prepare for Jihad.
 Allah (swt) says,
 
 "And fight them (on) until there is no more tumult or oppression, and
 there prevails justice and faith in Allah, altogether and everywhere."
 [TMQ 8:39]
 
 The Prophet (saw) said, "And fight the people who associate (things) with
 Allah with your wealth, your hand and your tongue."
 
 The Structure of the Army
 
 The army is divided into two sections. Firstly, there are the 'regulars',
 who are employed as soldiers of the State's army and who are paid salaries
 from the State's budget. Secondly, there are the 'reservists', who
 comprise of all the Muslims who are capable of fighting, and are mobilised
 when the demand for soldiers requires it.
 
 It is generally the Khaleefah who is the leader of the army; he appoints
 the commander-in-chief, a general for each brigade and a commander for
 each division. The brigadiers and commanders appoint the remaining ranks
 of the army. Members of the general staff are appointed according to their
 military culture by the general chief of staff.
 
 The army of the Khilafah is one army, which is located in specific camps.
 Some of these camps must be located in different provinces (wilayaat) and
 strategic locations, and some must remain permanently mobile fighting
 forces. The camps are organised in numerous groups, each one of which is
 given a number to accompany its name, such as the 1st Army, the 3rd Army,
 or it can be named after a province (wilayah) or district ('imala).
 
 The Function of the Army
 
 One of the functions of the army, in Islam, is to fulfil the obligation of
 Jihad - the physical fighting (in the field of battle) against the
 kafiroon (disbelievers), be it offensive or defensive, in order to make
 the Name (deen) of Allah (swt) dominant. Allah (swt) ordered the
 preparation for Jihad in the ayah:
 
  "Make ready for them (the unbelievers) all you can of (armed) force and
 of horses tethered, that thereby you may strike fear into the hearts of
 the enemy of Allah and your enemy, and others beside them whom you know
 not. Allah knows them. Whatsoever you spend in the way of Allah it will be
 repaid for you in full, and will not be wronged." [TMQ 8:60]
 
 The Prophet (saw) showed the power of the State by marching the Muslim
 army inside Madinah before they went to Tabuk for war. This action
 frightened the enemy. As he (saw) said, "I have been given the victory by
 the terror thrown in the hearts of my enemies even from the distance of
 one month travelling."
 
 These functions of the army are all related to maintaining the external
 security of the State.
 
 The Islamic State's foreign policy is to spread Islam throughout the
 world. The method employed by the State to deliver Islam is through da'wah
 and Jihad. Therefore, since the Ummah has given the authority to the Imam
 or Khaleefah to carry this Jihad, it is important that the leader of the
 army be the head of state. The Prophet (saw) established relationships
 with others on the basis of spreading Islam. He formalised the Treaty of
 Hudaybiyah in order to allow himself the opportunity to spread Islam
 throughout the Arabian peninsula. The Prophet (saw) was the head of state
 in Madinah and he (saw) directed the army to all the battles that took
 place, during his time. After that, the Khulafa'a Rashidoon also were the
 ones to give the orders for where and when the army should fight. It
 becomes clear from these points that the head of state is the person
 responsible for the leadership of the army.
 
 Giving the Army Islamic and Military Culture
 
 The army is usually the tool that opens up other countries to the da'wah
 of Islam. Thus, the army personnel have to be intellectually elevated.
 Meaning, that they have to be well educated about Islam and be able to
 convey the message to other people. Furthermore, the personnel have to be
 politically aware so that they remain focused and are not manipulated by
 the opponents.
 
 Iman of the Army Personnel
 
 The army is an integral part of delivering the message of Islam to the
 world. Its people must, therefore, be highly educated in Islam, and with
 firm iman. The army must place emphasis on building people with these
 characteristics within its ranks. An army with strong iman will surely be
 able to defeat its opponents. We find this to be the case in the time of
 the Prophet (saw). Muslims were outnumbered in many of the early battles,
 but with the help of Allah (swt) still achieved victory. This we saw in
 the battle of Badr where there was a 3 to 1 ratio and in the battle of
 Ahzab, where there was a 4 to 1 ratio.
 
 3. The Internal Security
 
 The department of Internal Security oversees everything connected with
 security inside the Islamic State, utilising the military forces for this
 purpose.
 
 The internal security, as well as the external security, is preserved by
 the army. The functions of the (police) are under the control of the army.
 The Prophet (saw) appointed Qays ibn Sa'ad as the head of security. He was
 there to protect the Prophet (saw) when he was in Majlis. It is preferable
 for the internal security force to maintain the procedures of the regular
 army, so that it will remain organised, efficient, and co-ordinated as in
 a regular army. The internal security force has the function of
 surveillance, preserving law and order, and to execute the laws adopted by
 the State. The Prophet (saw) appointed 'Abdullah ibn Mas'ud as the leader
 of assas (surveillance). Surveillance, by this part of the army, does not
 mean to invade the privacy of others. Rather, its usage is for general
 surveillance. Since maintaining the internal security is an action the
 State is responsible for, it has no right to levy payments on the citizens
 of the State for executing this function.
 
 4. The Industry
 
 Preparation for the foreign policy will require a strongly equipped army.
 Therefore, the Islamic State will endeavour to obtain the latest
 technology in warfare, including nuclear capability, space programmes and
 computer technology, to be ready to fight the enemy in a like way as she
 is fought. The economy and industry in the Islamic State will be similarly
 geared towards sustaining the army and the effort of Jihad.
 
 The department of industry directs all affairs connected with industry,
 including heavy industry, such as the production of motors engines and car
 bodies; metallurgical industries, electronics and light industries; and
 factories of private and public ownership connected with the military
 industry. All factories of whatever type should be established on the
 basis of complementing the military policy.
 
 It is under the guidance of the department of the Amir of Jihad that the
 Islamic State will implement its foreign policy and propagate the deen of
 Islam to the rest of mankind. By these means, and the help of Allah (swt),
 the State will be able to achieve the dominance of the word of Allah (swt)
 throughout the world.
 
 The Judiciary
 
 The judicial system in Islam is solely based on the Shari'ah. We must be
 mindful of the fact that justice cannot be fully served until and unless
 Islam is applied in its totality. To do otherwise, would mean leaving
 parts of Allah's commandments and accepting the rule of man as better able
 to cope with the issue at hand. This not only leads to the disruption of
 the society's well-being but is also an acknowledgement that Allah (swt)
 is not truly the Sovereign. We find in the Qur'an, Allah (swt) says to the
 Prophet (saw) :
 
 "But no by your Lord they can have no (real) faith until they make you
 judge in all disputes between them and in their souls find no resistance
 against your decisions but accept them with the fullest conviction." [TMQ
 4:65]
 
 The details of the Islamic judicial system are discussed elsewhere (see
 the Judicial System), but it is useful to discuss here the relationship of
 the ruling system with the courts.
 
 The Judge of the Court for Unjust Acts (Qadi al-Madhaalim)
 
 This category of judges within the ruling system of Islam consists of
 judges who settle disputes arising among the people and the State. This
 judge has jurisdiction within a court called Mahkamat al-Madhaalim (the
 Court of Unjust Acts) in the Islamic State. In essence, this judge of the
 Court of Unjust Acts is appointed to remove all unjust acts within the
 Islamic State, whether they are committed by the Khaleefah, governors, or
 any other official of the State. In cases of disputes between the people
 and the officials of the Islamic State, the judge of this court has the
 right to dismiss the official of the State once his negligence of the
 Shari'ah or injustice committed upon the people is established.
 
 As examples, this court may investigate all matters executed by the
 Islamic State involving discrimination upon citizens, improper application
 of the Shari'ah, improper interpretation of the Shari'ah or the
 Constitution of the Islamic State, negligence by the Khaleefah of the
 opinions given to him, forcing a tax unduly upon the citizens of the
 Islamic State, etc.
 
 An interesting situation arises when a case is studied involving the
 Khaleefah's negligence of the Shari'ah. The Qadi al-Madhaalim will have to
 either pass a judgement in favour of the actions of the Khaleefah or
 against him. If it is in favour of the Khaleefah, then the Khaleefah's
 mandate will remain, and will, in fact, render the case as being proper
 and not negligence. If, on the other hand, the judge decides against the
 Khaleefah, which entails negligence of the Shari'ah, the Khaleefah must
 abide by the judgement of the judge. If he fails to do so, the judge will
 be authorised to remove the Khaleefah from his position on the grounds of
 negligence of Shari'ah.
 
 The Administrative System
 
 The administrative system consists of that body of people which executes
 the Islamic State's orders upon the citizens and manages the Islamic
 State's affairs. Since the Islamic State must implement the Shari'ah upon
 all of its citizens, it becomes necessary to have an administrative system
 to accomplish this. Many rules in Islam compel the Islamic State to have
 an administrative body for their implementation. As such, the rule for
 collection of zakat, which necessitates the Islamic State to employ
 personnel for its proper implementation, is one example. Any style or
 tactic used would be permissible, as long as it accords with the Shari'ah.
 But, the important point is that 'the job gets done'. Therefore, it is
 incumbent upon the Islamic State to use the most efficient style to
 implement the rule of Islam, as long as they fall within the bounds of the
 Shari'ah.
 
 We know that the Prophet (saw) managed the affairs of the Ummah, during
 his period in Madinah. He (saw) appointed many administrators to carry out
 various functions so that the Islamic State would run efficiently. As an
 example, he appointed 'Ali ibn Abi Talib (ra) as a scribe for treaties
 which the Prophet (saw) concluded with other nations.
 
 The Prophet (saw) gave the management of his seal (the one he used to
 imprint his signature on official documents of the State) to Al-Harith ibn
 Auf al-Mazi. Ibn Abi Fatimah was designated to compile the statistics of
 the ghanima (spoils of war). Hudhayfa ibn al-Yaman was the writer for the
 numbers of cultivated fruits in the Hijaz area of the Arabian peninsula.
 'Abdullah ibn Arqam was appointed to calculate the number of people in the
 tribes and was further assigned the task of management of water in the
 Islamic State. In the twentieth year of the Hijrah, 'Umar ibn al-Khattab,
 as the second Khaleefah, initiated the deewan (a type of record) as a list
 of names of soldiers and other essential facts. This method of keeping a
 deewan was borrowed from the Persians who had adopted this style for
 keeping records of their soldiers, battle gear, and other essential
 information. A similar technique was employed by 'Umar (ra), since it was
 a mubah (permissible) means.
 
 Regarding the appointments to these administrative departments, it is
 permitted to have any citizen of the Islamic State, male or female, Muslim
 or non-Muslim, as long as he or she is suitably competent to be a part of
 this administrative system. It would be important to have a suitable
 management structure to run the administrative system.
 
 We may recall here that the Khaleefah has an entourage of assistants which
 carry out administrative functions. As discussed previously, they are the
 Executive Assistants (Mu'awin Tanfeedh). The difference between the
 general administrative body and the Executive Assistants is that the
 latter is a caretaker of the Khaleefah's administrative tasks, while the
 former is dealing with administration of the larger Islamic State.
 Accordingly, it is necessary that the Executive Assistants be Muslims,
 whereas the general administrators may be Muslims or non-Muslims.
 
 We now have a general idea of the functions of the administrative body of
 the Islamic State. Its task is to execute the rulers command in a
 competent and efficient manner. It aids the Islamic State in applying the
 laws of Allah (swt) upon this earth. Of course, one can only theorise on
 paper the advantages of an administrative system when there is no Islamic
 State.
 
 Shura
 
 It is of utmost necessity to comprehend the concept of shura
 (consultation), as used in Islam, and what it actually means before
 indulging in a detailed discussion on Majlis al-Ummah, which is the main
 body that participates in shura. Allah (swt) states in the Qur'an:
 
 "Pardon them and ask forgiveness for them and consult with them upon the
 conduct of affairs, and when you have decided (upon a course of action),
 place your trust in Allah." [TMQ 3:159]
 
 "And those who answer the call of their Lord and establish worship, and
 whose affairs are a matter of counsel." [TMQ 42:38]
 
 The two ayat (verses of Qur'an) mentioned above are directly related to
 the issue of consultation. Shura denotes engaging in mutual consultation
 or mutual discussions regarding a particular matter i.e. taking people's
 opinion. Taking opinions occurs on the part of the Khaleefah or any Amir
 or responsible person be it a ruler or a leader. As for the declaration of
 the opinion to the person in charge, be it a ruler or a leader, it is just
 a naseeha (advice).
 
 Before addressing the application of shura, as taken by the Messenger of
 Allah (saw) in relation to our affairs nowadays, we need to study the idea
 of taking an opinion, and remove any ambiguity existing in the minds of
 the Muslims. Realistically, an opinion can be taken regarding :
 
 1. Matters of Shari'ah (legislative matters).
 2. Matters of Intellect or Technicalities.
 3. Opinions which directly lead to actions in mubah issues.
 
 1. Matters of Shari'ah (legislative matters) :
 As for matters of Shari'ah, there is no shura at all. In order to reach
 the Islamic opinion in any Shari'ah matter, proper ijtihad must be
 conducted, meaning no one's opinion should be taken in matters related to
 wahi (the revelation), i.e. haram and halal. This can be seen in the
 action of the Messenger (saw) in the Treaty of Hudaybiyah. In that
 incident he (saw) did not consult the companions and refused to listen to
 their complaints regarding the terms of the treaty, saying, "...and I will
 not disobey His (swt) commands."
 
 2. Matters of Intellect or Technicalities:
 For matters of intellect or technicalities only those with the knowledge
 of that specific field would be consulted. For example, in the Battle of
 Ahzab, the Prophet (saw) received news of a dangerous confederacy,
 consisting of 10,000 people, aiming to besiege Madinah. The Muslims in
 Madinah decided to fight against the invading enemy from inside their
 town, and they manned all the buildings surrounding Madinah. However,
 there was one area left open, where Salman al-Faresi suggested that a
 trench be dug in that place, as the Persians used to do in similar
 situations. The Prophet (saw) accepted the advice, and he himself took
 part in digging that trench.
 
 3. Opinions which directly lead to actions in the Mubah issues :
 Finally, opinions which directly lead to actions in the mubah affairs of
 Islam where no expertise is required to arrive at a conclusion, and are
 apart from the commands of Qur'an and Sunnah, may have the Ummah's input.
 This is the domain of the Majlis al-Ummah. In this case, the Ummah's
 wishes would be sought so that the Ummah's involvement remains active.
 Allah (swt) states in the Qur'an:
 
 "Pardon them and ask forgiveness for them and consult with them upon the
 conduct of affairs, and when you have decided (upon a course of action),
 place your trust in Allah." [TMQ 3:159]
 
 This final area, in which shura may be sought, is the area in which the
 Majlis al-Ummah plays an active role, i.e. in the mubah issues. At this
 point, when this opinion is sought, it becomes mashura. Thus, mashura
 means taking the opinion of the majority in Majlis al-Ummah concerning
 mubah matters, which becomes binding upon the ruling apparatus to
 implement. An example in which the Majlis al-Ummah would play a role could
 be choosing the place of where a school or hospital should be built in a
 community.
 
 Majlis al-Ummah (Council of the Ummah)
 
 The Majlis al-Ummah is part of the ruling structure of Islam. It deals
 with matters which are mubah and do not require an expert to arrive at the
 correct conclusion. These decisions of the Majlis al-Ummah are termed as
 'mashura'. The majority's opinion is the binding opinion, in this case,
 since there is no set right or wrong in the mubah matters. The Khaleefah
 is therefore obliged to uphold the opinions of the Majlis al-Ummah, as
 long as the opinions are in the legal area of opinion for the Majlis
 al-Ummah. This is substantiated by the hadith of the Prophet (saw) : "If
 both of you (referring to 'Umar and Abu Bakr) agree on a mashura, I would
 not go against it.."
 
 Structure and Functionality of Majlis al-Ummah
 
 The persons who represent the Muslims in voicing their opinions to the
 head of the State are called to the Majlis al-Ummah. It is allowed for the
 non-Muslims to be in certain sessions of the Majlis, for the purpose of
 presenting complaints about oppression by the hand of the ruling apparatus
 or to complain about any problems, which they encounter with regards to
 the implementation of Islam upon them.
 
 The members of the Majlis al-Ummah are elected by the people, and there is
 no gender distinction in who can be a member. As long as the candidate
 carries the citizenship, is sane and is in his/her post-puberty years,
 then he or she qualifies.
 
 Pertaining to the structure of the Majlis al-Ummah, there can be two main
 committees. One to oversee the central government and one for the
 provincial government. Within these main committees exist sub-committees
 which are assigned specific tasks based on the ability of the individuals.
 
 Checks and Balances
 
 The nature of Islam is to preserve justice and societal harmony, and to
 uproot and eliminate institutional oppression if and when it presents
 itself. Sovereignty belongs to Islam's legislative sources, and the aim of
 Islam's legislative sources is to secure and uphold the societal ideals,
 while satisfying the individual needs of each human being in the society.
 Islam granted the people the authority to implement the Shari'ah rules
 whereby these aims and objectives would be maintained. The people in turn
 appoint one person (The Khaleefah) to rule them by Islam, and they are
 permitted to use force to remove the Khaleefah, in case he clearly went
 against the Shari'ah.
 
 One of the branches of the judicial system is called Mahkamat al Madhaalim
 (Court of Unjust Acts). The primary role or function of this judicial
 branch is to settle disputes between the people and the Khaleefah. The
 order or finding of a judge in the judicial branch cannot be stayed, but
 rather it must be implemented, even if the order was to remove the
 Khaleefah himself, or anyone that he has deputised. Failure to implement
 the order or finding of a judge in Mahkamat al Madhaalim, provides a
 license to the people to remove the Khaleefah, even by force if necessary.
 
 One of the functions of the Majlis al-Ummah is to create a platform
 whereby the people can voice either their satisfaction or their
 dissatisfaction and complaints to the government. The Mahkamat al
 Madhaalim would be presented with the complaints from the Majlis al-Ummah
 or the individual in the State could take his complaint to Mahkamat al
 Madhaalim directly. Everyone is subject to Islam's legislative sources and
 as such there is no elite class in the Islamic society, and anyone who is
 under the jurisdiction of the Islamic State, be they Muslim or non-Muslim,
 must have their rights protected. Therefore, Islam's method of preserving
 justice and social harmony, and uprooting and eliminating oppression is
 realistic and practical.
 
 Another method of establishing 'checks and balances' on the government is
 the process of nominating the Khaleefah. The Khaleefah, as one option, may
 be elected from the choices presented by the Majlis al-Ummah. Thus, the
 Majlis al-Ummah makes sure that the individual elected to the post of the
 Khaleefah is a practising Muslim who fulfils the requirements.
 Consequently, an individual looking to serve his own interests cannot
 become the Khaleefah.
 
 Furthermore, another element that is an integral part of establishing a
 mechanism of checks and balances within the system is taqwa (fear of
 Allah). The ruler carries out every action based on the concept of being
 questioned by Allah (swt) on the Day of Judgement. Thus, the ruler would
 make sure that he fulfils his part of the contract as ruler of the Muslim
 Ummah so that he may face Allah (swt) without fearing His (swt)
 punishment, due to negligence or serving his own interests.
 
 Thus, we can see that Islam provides a system of government which is just,
 because it implements only Allahs (swt) laws rather than man-made laws. It
 is only when Muslims understand the mechanisms of ruling which Islam
 provides that they will have confidence in it, and realise the flaws and
 weaknesses of other systems. May Allah (swt) help us in our duty to
 establish it!
 
 
 
 
 
 
 Summary: Ruling in Islam
 
 The situation of those in authority is of utmost importance for the people
 of any society. This is because every decision they make and every rule
 they implement has repercussions which affect the whole population. So,
 when those in authority have failings, the whole society becomes
 characterised by these failings.
 
 Today, the whole world is subject to man-made laws. Man who is limited in
 his knowledge, prone to errors and subject to prejudice and greed. As a
 result of this, the rules which govern the world reflect these aspects of
 man's character - leading to oppression of the weak, injustice and
 corruption. People in one part of the world are allowed to starve, while
 in another, surplus produce is burnt or dumped in the sea. We are subject
 to taxes we do not want and cannot afford to pay. And we are told what we
 can and cannot do by a handful of politicians who are no better than and
 usually much worse than ourselves.
 
 The Islamic ruling system is the only one which gives a way out from these
 problems. Instead of being subject to man-made laws, where one person is
 made to bow before another, our lives and society are governed by the law
 of Allah (swt) the Supreme.
 
 Here, it is the people who have authority to ensure that the ruler
 implements Allah's law, solely and in its entirety, and that he never
 follows his own whims and desires, so becoming a dictator.
 
 It is the job of the Ruling System of the State to make sure that all the
 administrative matters within its boundaries run smoothly and facilitate
 the easy living of the subjects, whether Muslim or not, within the Islamic
 framework.
 
 As well, the State will be the effective means of delivering the call of
 Islam to all the nations of the world. It has a powerful army to
 facilitate this task, and also to defend its frontiers from the likes of
 the aggressors who currently plague the Muslim world; the problems in
 Bosnia, India and Israel will be no more than a painful, but distant
 memory.
 
 All the systems of Islam that are collected here are tied together to form
 a perfectly balanced and co-ordinated whole. Each is dependent for its
 functioning on the others, and none would be complete if considered on its
 own. You can see therefore how the Ruling System of Islam ties them all
 together to give a way of life that is unsurpassed in the history of
 humanity.

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