14 Al Khilafah

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  • Al-Khilafah

    Hizb ut-Tahrir

    This book has been translated fromthe original Arabic version

    Khilafah PublicationsSuite 298

    56 Gloucester RoadLondon SW7 4UBe-mail: info@1924.org

    website: http://www.1924.org

  • Contents

    The KKhhiillaaffaahh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

    The Time Limit Given for Muslims to Establish a KKhhaalleeeeffaahh . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

    The KKhhiillaaffaahh Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . .17

    The BBaaiiaahh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

    Conditions of the KKhhaalleeeeffaahh . . . . . . . . . . . . . . . . . . . . . . . .27

    Seeking the KKhhiillaaffaahh . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33

    The Unity of the KKhhiillaaffaahh . . . . . . . . . . . . . . . . . . . . . . . . .34

    The Appointment of a Successor . . . . . . . . . . . . . . . . . .37

    The Way to Appoint a KKhhaalleeeeffaahh . . . . . . . . . . . . . . . . . . . .39

    The Removal of the KKhhaalleeeeffaahh . . . . . . . . . . . . . . . . . . . . . .52

    The KKhhiillaaffaahh System is a Unique System . . . . . . . . . . . . .55

    Translation of the Quran

    It should be perfectly clear that the Quran is only authentic in its originallanguage, Arabic. Since perfect translation of the Quran is impossible, we

    have used the translation of the meaning of the Quran throughout the book,as the result is only a crude meaning of the Arabic text.

    Quranic Ayat and transliterated words have been italicised.

    Ahadith appear in bold.

    - subhanahu wa taala - sallallahu alaihi wa sallam - radhi allaho anha/anho

    AH - After HijrahCE - Christian Era

    Khilafah PublicationsSuite 298

    56 Gloucester RoadLondon SW7 4UBe-mail: info@1924.org

    website: http://www.1924.org

    ISBN 1 899 574 360

  • THE KHILAFAH

    The Khilafah is the general leadership over all the Muslims, in the wholeworld, whose responsibility is to implement the laws of Islam, and toconvey the Islamic Message to the whole world. It is also known as theImamah, so Imamah and Khilafah are synonymous. It is the shape that theAhkam shariyyah (divine laws) determine as the Islamic state. Many SahihAhadith have been narrated using these two words, with the samemeaning. None of these two words differed in their meaning from theother in any Shariah text i.e. the Quran and Sunnah , for they are the onlydivine texts. However, it is not binding to adhere to either of them,rather it is the meaning that has to be adhered to.

    Appointing a Khaleefah is obligatory upon all Muslims throughout theworld. Executing such a duty, just like executing any other duty whichAllah has decreed on Muslims is compulsory, in which no choice orcomplacency is allowed. Failure in performing this duty is one of thegravest sins, which is deserving of Allahs severe punishment. Theevidence concerning the obligation of appointing a Khaleefah over all theMuslims is understood from the Sunnah and the Ijmaa of the Sahabah .As for the Sunnah , it has been narrated that Nafi said: Umar told me: Iheard the Messenger of Allah say:

    Whoever takes off his hand from an obedience to Allah, he willmeet Him on the Resurrection Day without having any proof forhimself; and whoever dies while there were no BBaaiiaahh on his neck,his death would be that of the days of JJaahhiilliiyyyyaahh (ignorance).[Narrated by Muslim]

    So the Messenger made it obligatory upon every Muslim to have aBaiah on his neck. He described the one who dies without having aBaiah on his neck as if he died the death of Jahiliyyah. The Baiah wouldnot be valid except for the Khaleefah. The Messenger of Allah madeit an obligation that every Muslim should have a Baiah on his neck for aKhaleefah, but he did not oblige every Muslim to give a Baiah to theKhaleefah. The obligation therefore, is the existence of a Baiah on the

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  • I accompanied Abu Hurayra for five years, and heard himinforming about the Prophet, he said: The Prophets ruled overthe children of Israel, whenever a prophet died another Prophetsucceeded him, but there will be no Prophet after me. There willsoon be KKhhuullaaffaaaa and they will number many. They asked: whatthen do you order us? He said: Fulfil the BBaaiiaahh to them, one afterthe other and give them their dues for Allah will verily accountthem about what he entrusted them with.

    Ibn Abbas reported that the Messenger of Allah said:

    If anybody sees in his AAmmeeeerr something which displeases him,he should remain patient, for he who separates himself from theauthority of Islam (SSuullttaann) by even so much as a hand span anddies thereupon, he would die the death of the days of ignorance.[Narrated by Muslim]

    In these Ahadith , there is a description of the Khaleefah as being ashield, i.e. a protection. The description of the Imam as a shield is anindication of the benefits of the existence of the Imam; therefore it is acommand. This is because when Allah or His Messenger informs usabout something that includes a rebuke this is taken as a command ofprohibition i.e. to abstain from it. When the text contains praise it istaken as a command to perform an action; and if the commanded actionis necessary to implement the divine rule, or if its neglect would cause thedivine law to be abandoned, then this is decisive. These Ahadith alsoinform us that those who run the affairs of the Muslims are the Khulafaa,which means a command of appointing them. They also include theprohibition of Muslims separating themselves from authority. This meansthe obligation that the Muslim establishes power, i.e. authority to theKhaleefah. However, the Messenger of Allah ordered the Muslims toobey the Khulafaa and to fight those who dispute with them regarding

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    neck of every Muslim. This necessitates the existence of a Khaleefah,who, through his existence, is entitled to a Baiah (on the neck of everyMuslim.) Thus, the existence of the Khaleefah is the issue that necessitatesa Baiah on the neck of every Muslim, whether he actually gave the Baiahor not. Therefore, the Hadith is evidence that the appointment of aKhaleefah is obligation and that every Muslim is obliged to have Baiahon his neck; it is not an evidence suggesting that giving the Baiah is anobligation. This is because the Messenger of Allah rebuked theabsence of the Baiah of allegiance on the neck of the Muslim till hedies, and not the abstention from giving the Baiah itself.

    Hisham ibn Urwa reported on the authority of Abu Saleh on theauthority of Abu Hurairah that the Prophet said:

    Leaders will take charge of you after me, where the pious (one)will lead you with his piety and the impious (one) with his impiety,so listen to them and obey them in everything which conformswith the truth. If they act rightly it is to your credit, and if theyacted wrongly it is counted for you and against them. Narratedfrom Al-Araj from Abu Hurrairah from the Prophet, he said:

    Indeed the IImmaamm is a shield, from whose behind (one) wouldfight, and by whom one would protect oneself.

    Muslim also reported on the authority of Abu Hazim that he said:

    6 u A l - K h i l a f a h

  • Messenger of Allah nor after the death of each of the Khulafaa ir-Rashideen. Accordingly, the general consensus (Ijmaa) of the Sahabah isboth strong and clear evidence that the appointment of a Khaleefah isobligatory.

    Furthermore, establishing the Deen and implementing the Shar inevery single aspect of life is an obligation upon Muslims proven throughevidences definite in report and in meaning, and this cannot be achievedunless there is a ruler who possesses the authority to do so. Therefore, inthis context, the Shariah principle states: Whatever is necessary to accomplisha duty, becomes itself a duty. Thus appointing the Khaleefah is obligatorybased on this principle.

    Furthermore, Allah commanded His Messenger to rule the Muslimsby that which He . revealed to him; the command of Allah wasconveyed in the most decisive manner. Allah addressed His Messenger:

    And rule between them by that which Allah revealed to you, and do not follow theirvain desires away from the truth which came to you. [TMQ 5:48]

    And He said:

    And rule between them by that which Allah revealed to you and do not follow theirwhims, and beware (be on the alert) that they may deviate you away from even somepart of what Allah revealed to you. [TMQ 5:49]

    The speech of Allah to His Messenger is also a speech to theMessengers followers, unless there exists evidence that indicates that thespeech is limited to him. In this case there is no evidence limiting thisspeech to the Messenger of Allah. Thus the verses call upon Muslims toestablish the rule of Allah. The appointment of a Khaleefah does not

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    their authority, which means that it is an obligation to appoint a Khaleefahand protect his Khilafah by fighting those who dispute his authority.Muslim reported that the Messenger of Allah said:

    Whosoever gave a BBaaiiaahh to an IImmaamm, giving him the clasp of hishand, and the fruit of his heart shall obey him as long as he can,and if another comes to dispute with him, you must strike the neckof that man. Therefore the command to obey the Imam is an order toappoint him. And the command to fight those who dispute with him iscollaborating evidence that the command of maintaining the presence ofone Khaleefah, is decisive.

    As for the Ijmaa of the Sahabah , they (may Allah be pleased withthem) agreed upon the necessity of establishing a successor (ie. Khaleefah),to the Messenger of Allah after his death. They all