Ruling system

Ruling system of Khilafahvs.

Democracy

Ideology: Creed and Systems

Systems

Creed(Aqeeda)

Every Ideology has a set of fundamental concepts known as “Creed” from which specific Systems emanate

Ideology: Creed and Systems

Economicsystem

Economicsystem

Judicialsystem

Judicialsystem

ForeignPolicy

ForeignPolicy

Socialsystem

Socialsystem

EducationPolicy

EducationPolicy

Rulingsystem

Rulingsystem

Creed(Aqeeda)

Creed(Aqeeda)

Systems emanating from the Creed

Creed: A comprehensive idea about life and what is beyond it

After LifeMan, Life, UniverseBefore Life

Relationship

A comprehensive thought must answer following questionsWhat is man, life and the universe?Where did life come from (What is before life)?What happens after death (What is after life)?What is man’s purpose in life (What is the relationship of this life with that which

preceded it)?What is man’s motivation to fulfil his purpose in life (What is the relationship of this life

with whatever is after life)?

Relationship

Secularism

One canbelieve in life(s)

after death

Man, Life, UniverseOne can believeIn a Creator(s)

Secularism professes the following concepts Instead of arriving at a conclusion based on enlightened thinking regarding the existence of a

Creator, the idea of secularism advocates a compromise. Hence one can believe in the existence of a Creator and the Hereafter if he wants or reject it altogether.

They refuse to accept any role of the “Creator” in life affairs even if He exists. Man’s purpose in life, his motivation to carry out actions, his behaviour with others and himself

would be defined by man himself rather than the Creator.The people’s representatives would decide, based on majority, as to how the society should

organize its affairs; how should people carry out economic, ruling and social transactions etc.Lawmakers should legislate upholding freedom, equalities and national interest.

Capitalist Framework

Secularism

Freedoms & Equalities Morality Interest & benefit

Economic Ruling Social JudicialEducation

PolicyForeignPolicy

Majority

Islamic Aqeedah

Day of JudgmentHeaven, Hell

Man, Life, UniverseAllah

Accountability

Commands of Allah

Islamic Aqeedah is based on enlightened thought Islam requires its followers to answer these basic questions using ration and intellect.Hence the existence of the creator is proven with definite evidence, so is the proof of Qur’an

being the word of the Creator. Messengership of Muhammad (saw) follows from the proof of Qur’an

According to Islamic Aqeedah Allah has given us clear guidance as to what is Man’s purpose of Life and what should be his motivation to fulfil it. Man’s purpose in life is to worship Allah by following His commands in all aspects of life.

Man’s motivation to follow Allah’s commands is the knowledge that he would be accounted on the Day of Judgement. A Muslim seeks the pleasure of Allah and strives for eternal paradise whilst saving himself from Allah’s displeasure and Hellfire.

Islam: Sources of Legislation

Aqeedah

Qur’an(Nass)

Sunnah(Nass)

Ijma us-Sahaba

Qiyas

The primary sources of Legislation are:

Qur’anSunnah

There are two other sources indicated by the primary sources

Ijma us-SahabaQiyas with ‘illa Shariya

Islam: Extracting Systems from Creed

Aqeedah

Qur’an Sunnah Ijma us-Sahaba Qiyas


PolicyForeignPolicy

Ijtihad (Only for Zanni text)

Ruling System:

Islam has legislated laws organise man’s three relationships

Creator

Man Man

IbadatIbadat

MuamilatMuamilat

AkhlaqAkhlaq

Laws related to organizing Man’s three relationships are not up for debate or discussion

Man with CreatorMan with ManMan with himself

Relationship with the Creator

Creator

Man

IbadatIbadat

Praying Fasting Hajj Zakat Tahajud Recitation of Qur’an Nawafil

Relationship with other Human Beings Husband and wife (Nikah) Buyer and seller Ruler and Ruled Ahkamaat related to Partnership Prohibition of forcibly converting

non-Muslims Not killing women and children

during Jihad Pacts and treaties Prohibition of owning public

property Taxation Dress Code in public Rules related to inheritance and

Custody

Man Man

Mu’amilat(In private and in Public)

Mu’amilat(In private and in Public)

Relationship with oneself

Personal Cleanliness Rulers related to Clothing Ahkam related to foodstuff The way to cut ones nails, hair etc. Putting on perfume Akhlaq (Harsh, Proud, Humble) Honesty Being careless or responsible

Man

Rules related to •Malboosat (dress code)•Mat’omat (foodstuff)•Akhlaqiyat (morals)

Rules related to •Malboosat (dress code)•Mat’omat (foodstuff)•Akhlaqiyat (morals)

Ideology: Creed and SystemsKhilafah Capitalism

Islam obliges the Muslim to use his mind to believe in Allah and forbids imitation in Aqeedah.

Islam calls to look deeply in the universe to understand its law and to be guided to the belief in the existence of a Creator 1

Secularism is not based on mind rather it is built on a compromise between the Clergy and the Philosophers

Instead of coming up with a rationally correct conclusion of the questions secularism compels man not to discuss the issue that if there is a Creator and does He have any relationship with this life, rather settles it by finding a middle path in the form of a compromised solution

Hence Islam trains a Muslim to always look for the correct solution irrespective of the odds against him and not to compromise on principles for perceived worldly benefits. This produces a society with high moral values seeking the truth (Haq)

Capitalism guides its adherents to seek a compromised solution in their life’s affairs as well, rather than the correct solution. This is why we hear quite frequently the phrase “lesser of the two evils” in all Capitalist states.

The correctness of any Ideology is gauged by it’s creed since it the creed from which all the systems emanate and it is the creed which provides the intellectual basis on which all thoughts are build. Islamic Aqeedah is the only correct creed since it is the only creed which convinces the mind

Progress: The relationship of Creed and Systems

Current System:•Interest is allowed•Insurance is legal

•Constitution protects “freedoms”•National Interest supersede

Allah’s ahkam

Creed:•Interest is Haram

•Insurance is Haram•People are not free,

they are slaves of Allah•Allah’s ahkam set our

National interests

For any nation to progress she has to implement a system which is in harmony with their fundamental beliefs and concepts i.e. her Creed

Pakistan is implementing a system which is in conflict with the creed of the overwhelming majority

Hence a sizeable cross-section of the society refrain from participating in the system deeming it contradictory to the Ahkam of Islam, which results in the weak implementation of system

Putting Pakistan on the road of progress

There are two possible ways to put Pakistan on the path of progress: Option 1: People change their Aqeedah (Creed)

The people should become secular in their belief and implement the capitalist system in its entirety, without any reservation or holding back

Option 2: People should implement a different systemA system that exclusively emanates from their aqeedah, upon whose implementation

they do not feel any emotional or religious resistance within themselves and whose protection they will consider a part of their aqeedah.

Option 1, doesn’t seem to be a practical and possible option. It is highly un-likely that people in an overwhelming majority would leave their aqeedah when they know that their belief is the correct one

Only the second option is a workable solution since Islamic aqeedah dose give rise to a system.

Hence progress cannot occur until we implement a system completely emanating from the sources of Shari’ah

Adopting from other Ideologies and Civilizations]There is a difference between the thoughts related to Aqeedah matters i.e.

doctrines and Shari’ah rules, and the thoughts related to sciences, techniques, industries and the like

We are not allowed to take Aqeedah matters as well as laws and principles related to systems and view point towards life from any other system, ideology or civilization. Thoughts such as democracy, privatization of public resources, freedom of expression etc are not to be taken as Allah has given us clear and precise Shari’ah rules in all the above matters.

We can adopt administrative means and styles as Umar (ra) adopted the system of Diwan from the Romans

We are allowed to adopt and learn anything related to science and technology or use tangible objects such as tanks, airplanes etc. as long as it doesn’t contradict Shai’ah rules

Ruling System(Nidham ul Hukm fil Islam)

Establishingthe Khilafah is anObligation (Fardh)

Evidence:

From Qura’n

Evidence:

From Sunnah

Evidence:

From Ijm’a as-Sahabah

Evidence:

From Shar’i Principle

Monarchical

Ruling is not hereditary and Khaleefah is chosen by Muslims Khaleefah has no special privileges The Khaleefah is accountable and can be punished by law if found guilty He is not the symbol of the Ummah where he owns and does not rule nor is he a symbol

who rules and runs the affairs of the people and country as he pleases. He is not the source of legislation rather he has to implement Shari’ah whether he likes

it or not

Republican:

The Sovereignty belong to the Shara’ not the Ummah Neither the Ummah nor the Khaleefah has the right to legislate The Khaleefah is bound to adopt rules for the constitution and cannons that are

extracted from Qur’an and Sunnah Though Ummah has the right to elect the Khaleefah but they do not have the right to

remove him as long as he implements Shara’. The system does not determine the Khaleefah’s term of office. This is rather determined

by his implementation of Shar’a.

Evidence:

What Islamic ruling system is not:

Imperial:

Each region is considered an indivisible part of the State. Ruling authority and systems are same for all regions Same laws for all citizens throughout the state with no distinction of race, language

or creed. Non-Muslim citizens has the full rights and duties that a Muslim citizens has.

It does not make the regions under its rule into colonies, areas of exploitation, nor a source of wealth funneled back into the central region for it’s own benefit. It is for this reason that the areas outside Hijaz flourished and became centers of learning, trade and enlightenment unlike the colonies of the west during the colonization period.

Federal: Shape of ruling is that of unitary not federal. The Wilayat have no autonomy in

ruling, economy, military or so like whatsoever Funds are spend equally on subjects of Wilayat, regardless of their Wilayah The Khaleefah is the one who appoints army commanders, the Wulah, rulers, finance

and economy officials, judges and everyone whose duty is to rule

Ruling System:

What Islamic ruling system is not:

Ruling System:

The distinguishing feature of any Ruling System

Ruling system

Who appoints and removes

the ruler ?

Who legislates and

makes decisions?

Who legislates and

makes decisions?

Ruling System:

Democracy is in contradiction with Islam

Democracy and Khilafah are in contradiction in terms of : Source of Legislation

Democracy: Human mind (Freedoms, Moralities, Equalities)Khilafah: Devine Revelation (Qur’an, Sunnah, Ijma’, Qiyas)

Process of Legislation Democracy: MajorityKhilafah: Looking for the strongest Daleel through the process of Ijtehad

Mind can never give a system which could organize man’s relationships correctly: Man and his Creator Husband and Wife Father and Son Sister and Brother Ruler and the ruled Ruler and minorities Balance between man/woman rights and responsibilities

Sources of legislation

Ruling System:

Source of Legislation

Khilafah Democracy1) Qur’an

2) Sunnah

3) Ijma’ as-Sahaba and

4) Qiyas

are the only sources of legislation.It is the responsibility of the State to prove

that they have adopting laws from none other than the Shari’ah sources.

No law can be taken from any other system or creed since Islam is not silent on any issue dealing with human relationships and society.

These laws pertain to all systems such as Economic, Ruling, Social, Education, Judicial and Foreign Policy.

Human mind, freedoms, Human Rights and “national interest” and not Islam are the sources of legislation.

The parliament has the authority to make laws from any source or adopt it from any creed.

It is the responsibility of the people and Islamic Ideological Council to waste time in proving the contradiction with Islam. Furthermore, council’s decisions are not binding.

Precious time is wasted in showing contradiction with Islam such as in the Riba case.Gives rise to a system full of contradicting laws emanated from various creeds and system. Such

as blasphemy laws and freedom of expression, Sharia Courts and “non-Sharia” courts, Islamic provisions and “non-Islamic provisions” etc.

Ruling System:

Islamic Framework

Aqeedah

Qur’an Sunnah Ijma us-Sahaba Qiyas


PolicyForeignPolicy

Ijtihad (Only for Zanni text)

Secularism

Freedoms & Equalities Morality Interest & benefit


PolicyForeignPolicy

Majority

Ruling System:

Capitalist Framework

Process of legislation

Ruling System:

Process of decision making in a household

1Should the children

Drink alcohol

In a Home

2Which Cardiologist should the mother

be taken to

3Where should the family spend thesummer vacation

Ruling System:

Process of decision making in a household

Question # 1: The matter is not up for debate or discussion. Allah has already decreed alcohol to be Haram. Hence it is unlawful for the father to ask family members opinion for allowing or disallowing it

Question # 2: The father can take suggestions from the members of the family who are knowledgeable as Allah has made this matter Mubah for us to chose. Hence the father can take suggestions from his Doctor son or her educated daughter. But he would avoid discussing the matter with his un-educated son or his young child who don’t have substantial knowledge in the issue. After this consultation he reserves the right to make a decision what he feel is good for the family

Question # 3: In this matter the father can have a voting and follow the majority decision. As every member is capable of making this simple decision and Allah has allowed Muslims to chose any halal recreation

Ruling System:

Process of decision making in a State

Legislative DecisionMaking

Mubah Issues

Mubah Issuesin which Ummah’s

representativesare generally

knowledgeable

Mubah Issues which

need expertise and insight

In a State

Ruling System:



Ruling System:

Legislative Decision making

Khilafah DemocracyNo one is allowed to legislate except Allah1

Allah’s laws are automatically the law of the land. Khaleefah does not have any choice but to implement them nor do they require endorsement by the majority of the representatives to become the law of the land. 2

The Khaleefah implements Allah’s laws derived only from Qur’an, Sunnah, Ijma as-Sahaba and Qiyas, through the process of Ijtehad.

The Khaleefah’s personal choice or the whims of the majority of the Majlis-e-Ummah bears no weight in the process of Ijtehad.

The people are the origin of the Law People are led to believe that sovereignty

belongs to Allah but actually the will of the majority prevails.

For implementation of Shari’ah, Allah’s laws are to be produced before the representatives in the form of a bill who have the choice to accept or reject.

Hence practically Creator’s laws need approval of the creation to become the law of the land. Hence we hear terminologies such as ‘Shari’ah bill’ etc.

Evidences�ه� �ل ل �ال إ م� ح�ك ال �ن� إ

"Verily, Ruling is only for Allah" [Yusaf: 40]

ج�ع�ون� �ر ت ه� �ي �ل و�إ م� ح�ك ال �ه� ل"The judgment is His, and to Him you shall return." [28:88]

ون� �اف�ر� ك ال ه�م� �ك� �ئ �ول ف�أ �ه� الل ل� ز� �ن أ �م�ا ب �م �حك ي �م ل و�م�ن

Those who do not judge by what Allah hath revealed, They are the Unbelievers [5:44]

ح�ق& ال م�ن� اء�ك� ج� ع�م�ا �هو�اء�ه�م أ �ع �ب �ت ت و�ال �ه� الل ل� ز� �ن أ �م�ا ب �ه�م ن �ي ب �م ف�احكSo judge between them by what Allah hath revealed, and follow not their vain desires, diverging from the truth

that hath come to thee [5:48]

&م�وا ل �س� و�ي ت� ق�ض�ي م�م�ا ج5ا ح�ر� ه�م ف�س� �ن أ ف�ي �ج�د�وا ي ال �م� ث �ه�م ن �ي ب ج�ر� ش� ف�يم�ا &م�وك� �ح�ك ي �ى ت ح� �ون� �ؤم�ن ي ال &ك� ب و�ر� ف�ال�يم5ا ل �س ت

But no, by the Lord, They can have no (real) Faith, until They make Thee judge In all disputes between them, and find In their souls no resistance against Thy decisions, but Accept them with the fullest conviction. [4:65]

ي�ع�ص� و�م�ن� ر�ه�م� م�أ� م�ن� ة� ي�ر� ال�خ� م� ل�ه� ي�ك�ون� ن�

أ� ا ر� م�أ� ول�ه� س� و�ر� الل�ه� ق�ض�ى �ذ�ا إ ن�ة# ؤ�م� م� و�ال ؤ�م�ن# ل�م� ك�ان� ا و�م�

ب�ين�ا م� ض�الال �ل ض� د� ق� ف� ول�ه� س� و�ر� الل�ه�

It is not fitting for a Believer, men or women, when a matter has been decided by Allah and His Messenger to have any option about their decision [33:36]

Evidences

2. For those who think that consultation should be on all matters sighting the ayah: " And do consult them in the matter…” [Al-’Imran: 159] we say that duties (Wajibaat), and prohibitions (Muharramaat) and the divine rules explained by the Shar'a and specifically stated by it, have no place for human opinions and there is no scope for consulting about them.

“It is not for the believer (male or female) that when Allah and His Messenger have decided a matter that they should have any choice in their matter.” [TMQ 33:36],

"And rule between them by that which Allah revealed to you, and do not follow their whims, and beware that they may deviate you away from some of which Allah revealed to you." [TMQ Al-

Mai’dah:49]

, "And whatever the Messenger brought to you take it, and whatever he forbade you of leave it." [Al-Hashr: 7].

The Messenger of Allah’s (saw) said:

“None of you will be a (true) believer until his desire follows that which I have come with (i.e. Islam).”

These evidences are explicit in making the sovereignty for the Laws of Allah (swt) and not for the Ummah. Hence Allah has ordered consultation in matters which are Mubah not in legislative matters. Democratic process of legislation which is based on majority votes of the representatives, is a kufr concept, completely alien to Islam.

1. Consultation is the right of the Ummah and Allah has recommended the ruler that he consults the people in running the affairs of the State. But consultation (Shura) deosn’t mean that its majority opinion has to be binding on the Khaleefah. The Aya which encourages Shura (consultation) gives the final verdict to the Messenger i.e. the ruler of the state.

�ه� الل ع�ل�ى �ل �و�ك ف�ت مت� ع�ز� �ذ�ا ف�إ األمر� ف�ي ه�م او�ر و�ش�And consult them In affairs, then, when you have taken a decision put Thy trust In Allah (Al-Imran: 159)

2. The Messenger of Allah (saaw) rejected the overwhelming majority of the Sahabah on the day of Hudaibiya and accepted the truce with Quresh saying:

"I am Allah’s servant and His Messenger, I shall not go against His commandment and He will not make me the loser.”

This shows that when it comes to Hukam of Allah majority has no bearing. So Allah’s laws do not need majority endorsement to become the law of the land.

3. Abu Bakr (ra) fought the apostates as well as those who refused to pay Zakah and sent Osama (ra) army to fight the Romans all at the same time, rejecting the unanimous opinion of the Sahaba who opposed taking all these expeditions at once. This shows that the majority opinion of the Sahabah was not binding on the Khaleefah i.e. Abu Bakr (ra) and he implemented his opinion rejecting the majority.

4. Similar situation was seen when Omar (ra) implemented his opinion of levying Kharaj on the lands of Iraq rejecting Bilal (ra) and the opinion of a number of Sahabah.

Ruling System:

In Khilafah majority is not always authority

Ruling System:

ImplicationsSince the Khaleefah doesn’t have any legislative powers he cannot be blackmailed or

pressurized to make laws by the Majlis-e-Ummah, lobbies or masses

PM could be dictated by pressure groups, multinational Comps., IMF, WB. PM will be under pressure from people’s desires, not from Allah’s Ahkam

Man made laws will always have a bias towards the interests of the legislators or the interest of their colonial masters.

In democracy people’s taxes and lives are used to secure the interests of the corrupted elite, as was done by the oil lobby in the Iraq and Afghanistan wars

Only divine laws give justice to all

Hence Democracy is the “Dictatorship of the Elite”

Rule of Law only possible in the Khilafah

Ruling System:

Legislation of Allah is applicable even today

Creator

Man Man

IbadatIbadat

MuamilatMuamilat

AkhlaqAkhlaq

Laws related to organizing Man’s three relationships are not up for debate or discussionMan with CreatorMan with ManMan with himself

These laws do not change with time and space. Hence Shariyah is for all times

Ruling System:



Mubah Issues



knowledgeable

Mubah Issues which


In a State

Ruling System:


Mubah Issues



knowledgeable

Mubah Issues which


Ruling System:

Administrative Laws and Implementation details

Khilafah DemocracyA) Mubah Issues about which Ummah is generally

knowledgeable and expert opinion is not needed:Majority opinion of the representatives of the Ummah

is binding on the Khaleefah.

B) Mubah Issues which needs expertise and insight:After consultations with the experts and people of

insight Khaleefah makes the final decision. He is not bound by the majority opinion of the experts rather he would look for the strongest opinion. For example to deal with water crisis, should the government build four small water dams or just one big dam.

The representatives of the Ummah can account him and ask for justification but their majority opinion is not binding.

A) Mubah Issues about which Ummah is generally knowledgeable:

People’s representatives to decide what is good for them.

B) Mubah Issues which needs expertise and insight:

The Cabinet makes strategic decisions but the parliament has the right to overrule

them by voting against it.

Evidences

Category A:

On the day of Badr the Messenger of Allah (saaw) consulted an expert of war Habab bin Al-Munthir (ra) in choosing the place of the Battle of Badr. He accepted his opinion and implemented it without even considering consultation with other great Sahaba.

Category B:

This view is derived from the Messenger’s adherence to the majority opinion to leave Madinah to confront the Mushrikeen army at the Battle of Uhud, although his opinion and those of senior Sahabah was to stay in Medinah and not to go out. It is also derived from his saying to Abu Bakr and ‘Umar. “Had you agreed together on a consulted matter I would have not disagreed with you.” [Narrated by Ahmed from Ibnu Ghanam bin Al- Ash’ari]

Ruling System:

Implications

The Ummah’s representatives provide positive input that helps smooth running of the state

Taking majority opinion who are not experts in the issue is senseless. Hence only experts are consulted and final decision rests with the elected Khaleefah

In Khilafah, matters concerning the well being of the society that requires technical expertise cannot be politicised by political parties by manipulating the ignorance of the common people

Ruling System:

Example of Decision making in Khilafah

Should Oil and gas wells be privatized

Administrative Laws and

Implementation details

Should the Nuclear reactor be built

at Chashma

Should the state first build motorway

or fix the sewage system

In a State

Decision making in Khilafah

Decision making

LegislativeMubah

(General issues)Mubah

(needing expertise)


PolicyForeignPolicy

Khaleefah is final authority after discussing with experts

People Through their representatives decide based on majority

Allah’s Ahkam Are implementedderived from thesources, Qur’an,Sunnah, Ijma us SahabaQiyas

Ruling System:

Decision making in Autocracy (dictatorship of an individual)

Decision making

LegislativeMubah

(General issues)

Mubah(needing expertise)


PolicyForeignPolicy

The ruler

The ruler

The ruler

Ruling System:

Decision making in Democracy (dictatorship of an elite group)

Decision making

LegislativeMubah

(General issues)Mubah

(needing expertise)


PolicyForeignPolicy

Elite Group

Elite Group

Elite Group

Ruling System:

Ruling System:

Islamic Democracy: The biggest hurdle in implementation of Islam

No law is enacted even in an “Islamic Democracy” without the consent of the majority.

Hence Allah’s Hukam becomes law of the land subject to the endorsement of the 51%

Riba is legal in Pakistan even though there is a clear Hukam of Allah just because the legislators in the parliament have not made it Haram. This shows who has the sovereignty in Pakistan’s constitution

Voting on a Hukam of Allah to accept or reject it as being the law of the land, is absolutely HARAM. This process gives man the right to say “Yes” or “No” to Allah’s Hukam whilst a Muslims doesn’t have any right to have any say once Allah has legislated a matter

ة� ي�ر� ال�خ� م� ل�ه� ي�ك�ون� ن�أ� ا ر� م�

أ� ول�ه� س� و�ر� الل�ه� ق�ض�ى �ذ�ا إ ن�ة# م� م�ؤ� و�ال ؤ�م�ن# ل�م� ك�ان� ا و�م�ب�ين�ا م� ض�الال �ل ض� د� ق� ف� ول�ه� س� و�ر� الل�ه� ي�ع�ص� و�م�ن� م�ر�ه�م�

أ� م�ن�

It is not fitting for a Believer, men or women, when a matter has been decided by Allah and His Messenger to have any option about their decision

Ruling System:

Pakistan’s Constitution is a Secular ConstitutionArticle 227 of 1973 Constitution of Pakistan which is sited to prove that this Constitution is

Islamic, states: “No Law shall be enacted which is repugnant to such injunctions [i.e. Islamic injunctions]“

Afghanistan and Iraqi constitution, which is drafted by none other than the Americans themselves, have articles very similar to the article quoted above:

"no law can be contrary to the sacred religion of Islam" (Afghanistan’s Constitution: Article 3)

"No law that contradicts the established provisions of Islam may be established" (Iraq's Constitution: Section One, Article 2(A) )

US added these articles to deceive the sincere elements in the legal jargons, knowing fully well that this article will not give rise to Islamic legislation

The above articles are completely un-Islamic. As all of them allow the parliamentarians to enact laws from other than Qur’an and Sunnah and do not restrict them only to Shari’ sources. Hence it is up to the people to prove whether these are repugnance to Islam or not.

The correct legal clause should be: "Legislation cannot be taken from any source other than Qur'an, Sunnah, Ijma-e-Sahaba and Qiyas"

Ruling System:

Comparison: Ummah Council vs. the Parliament

Khilafah DemocracyDoes not have the right to legislateThe majority opinion when sought in non-technical issues is

binding such as matters related to ruling, economy, education etc

There opinion regarding intellectual matters that require investigation and scrutiny is not binding, such as the technical and the financial matters together with the affairs of the armed forces and foreign policy.

Accounts the ruler in all mattersThe majority can revoke an already taken decision or step

where UC opinion was binding e.g. ruling, education, domestic affairs etc.

UC can discuss and guide the Khaleefah in issues related to foreign affairs and technical matters but their majority opinion cannot revoke Khaleefah’s decision.

Qazi Mazalim settles the difference between Khaleefah and UC over these issues. Its verdict on the matter is binding.

Legislate laws for all the people

Accounts the ruler in all matters

Majority is authority and hence is implemented

Ruling System:

Implications

Real representation is only possible in the Khilafah

Rule of Law only possible in the Khilafah

Corruption: An inherent feature of Democracy

Democracy leaves the door open for foreign influence in the Political and Ruling system

Islam protects minority rights while democracy leaves it to the whims of the majority

Ruling System:

Real representation only Possible in Khilafah

Khilafah DemocracyThe real representation can only happen in the

KhilafahSince the elected representatives of the

Ummah council do not have any powers to legislate and nor do they have the blackmailing card of ejecting the Khaleefah at their will. They also don’t get legalized bribes in the form of “developmental budget”. This makes the post unattractive for the corrupt and the selfish. They find no reason to “invest” millions of rupees in election campaigns to “represent” the poor people

Hence the representative post is not a ruling or a legislative post rather their job is to only account the ruler and convey the grievances/suggestions of the people to the Khaleefah

Real representation is not possible in democratic system The process of law making gives

parliamentarians the authority to make laws to protect their personal interests rather than the interests of the people whom they are supposed to represent. It is for this reason they increase their pay almost every year while the masses starve.

Ruling System:

Rule of Law only possible under Khilafah

Khilafah DemocracyAs the Khaleefah cannot change the laws he

cannot make himself above the lawIn our history there have been numerous

incidents where the Khaleefah or his son were summoned to the court and judge passed judgment against them

Khaleefah cannot change the judge if he is hearing a case against the Khaleefah

In democracy laws are legislated to protect the elite from even being summoned to the court According to the Article 248 of the

Pakistani constitution President, PM, Chief Minister and governors cannot be summoned to court in connection to their responsibilities

Recently Bush has passed a law according to which investigators and the government cannot be legally sued by detainees abducted under terrorism allegations

Ruling System:

Corruption: An inherent feature of Democracy

In Democracy corrupt are attracted towards politics like the bees are attracted towards nectar

“Professional politicians” invest millions of rupees in elections and rear “Ghundas”, to keep sincere people out of the political arena

The corrupt know that the only way to protect themselves is to be in the ruling post and legislate laws which will legalize their corruption

People’s taxes and lives are used to secure the interests of the corrupted elite, as was done by the oil lobby in the Iraq and Afghan wars recently

In Khilafah the corrupt have almost no incentive to join the political medium “Professional politicians” find no reason to invest millions as they cannot legislate laws

to their benefit or influence the Khaleefah with vote of no-confidence Members of Majlis-e-Ummah are not rulers hence they get no “developmental budget” As a result Political system gets cleaned from corrupt people

Ruling System:

Influence of foreign powers in the Political system

Khilafah DemocracySince in the Khilafah, even the Khaleefah has

no right to change Allah’s laws or go against them, therefore colonialist find no advantage in pressurising him in doing something for which he has no powers

Khaleefah Abdul Hameed’s response to Lord Herzal is best example

Hence by taking the right of “legislatioin” away from man Allah has actually relived man from such types of foreign pressures.

Hence Multinational companies or powerful lobbies cannot pressurise the Khaleefah as he has no powers to legislate laws in their favour

Hence the Khilafah System ties the hands of the Khaleefah so much so that even an agent Khaleefah cannot hurt the Muslims they way an agent ruler in a dictatorship or democracy can hurt the masses

Whenever man will be source of legislation foreign powers will try to influence him and make laws in their favour

Colonialist forces pressurise an individual in a dictatorship and an elite group in a democracy to make laws for their interests

Musharraf was asked if he is with the US or against them. He supported the US to kill Muslims of Afghanistan. And then under democracy the parliament passed 17th Amendment to legalize all the Haram actions done by Musharraf such as giving US bases, providing them with logistic support, handing away 500+ Muslims to the US etc.

PM could be dictated by pressure groups, multinational Comps., IMF, WB and will be under pressure from people’s desires, not from Allah’s Ahkam

Dictatorship and Democracy are two sides of the same coin

Ruling System:

Minority rightsIn democracy as the legislation belongs to the people hence the majority can curtailing rights

of the minorities whenever they wish: US Patriot Law (anybody can be thrown in jail by simply labelling him as terrorists) Women are not allowed to wear Hijab in public school In Holland face covering in public place is illegal In Britain a person can be detained for about a month without providing any proof Nobody can file a law suite against US authorities if detained under certain terror law Free World’s glairing example of liberty and civil rights: Guantanamo Bay

In Khilafah, since man doesn’t legislate hence it is not up to the Khaleefah or the majority of the representatives to abrogate or suspend the rights of the citizens no matter which political group, ethnicity, religion or gender he belongs to

Hence the rights of the non-Muslim citizens are set on stone and nobody can change them. It was for this reason we still find millions of Christian and Jews living in the Muslim world where Muslims have ruled for Centuries. But one cannot find a single indigenous Muslim of Andalusia (Spain)

Christian citizen of the Khilafah fought along side Muslim armies against the Crusaders as they were happy under Muslim just rule

Ruling System:

Difference of Opinion and How to resolve it

Khilafah DemocracyIn Qur’an and Sunnah there are two types of texts.

Qatai (definitive-no two interpretation) Zanni (Ijtehad is needed to arrive at the Hukam of Allah)

Only in Zanni text one can have difference of opinion. Muslims are allowed to follow any valid Ijtehad whether they do it themselves, if they are capable, or follow any Mujtahid.

Khaleefah adopts the strongest Ijtehad and implements it over all the people in societal or system related issues such as: Economic, ruling, social, education, Judicial systems and foreign policy Some other issues such as Zakat, Jihad etc

Islam obliges Muslims to obey the ruler leaving their own Ijtehad in these issues. Hence the sharai’ principle ‘ruling of the Imam alleviates the difference of opinion’ is accepted by old and new scholars alike.

Difference of opinions are resolved based on Majority of the legislatures. It is not the people’s majority as it happened in the Iraq crisis in various western countries.

There is not much difference among various school of thoughts as for the systems of the state are concerned. Everyone consider Riba, obscenity as haram, amputating thief's hands as Fard, guarating basic needs as obligatory etc.

Any shade of Islam would be much more acceptable for Muslims than the kufr being implemented today in the form of Capitalist system

Ruling System:


Ruling system


the ruler ?

Who legislates and

makes decisions?

Ruling System:



the ruler ?

Ruling System:

Appointment of the Ruler

Khilafah DemocracyKhaleefah must have seven conditions

MuslimSaneFreeMaleMature (Baligh)Adl (opposite of fasiq)Is capable of ruling (Qadir)

The Khaleefah is appointed either by the people directly or through their representatives

The ruler should have qualification as pronounced by article 62 & 63 of the constitutionMuslimMatureGraduateGood Muslim etc.

People elect the parliament which in turn elects the Prime Minister through voting

Ruling System:

Appointment of the Ruler

KhilafahMahkamat ul-Mazalim will short list the nominees taking into account the basic

contractual conditions for being a Khaleefah

The Majlis-e-Ummah, in its capacity as the representative of the Ummah, will short lists the nominees twice: first to six and then to two nominees. This will be done after receiving the list of nominees from the Mahkamat ul-Mazalim.

The Muslim members of the Majlis-e-Ummah will vote on the two candidates to elect one for the post of the Khaleefah

All the members of the Majils-e-Ummah will give the contractual Baya’a to the person getting maximum votes. It is due to this Baya’a the elected person becomes the Khaleefah of all the Muslims of the world.

The Muslims in general will give the Baya'a of obedience to the contracted Khaleefah as long as he acts according to the Book of Allah and the Sunnah of His Messenger.

Ruling System:

Time duration of the Ruler

Khilafah DemocracyLike marriage and financial contracts,

Khilafah contract is also not time-bound.

He is elected for a limited time of 5 years

Khilafah contract is between the Ummah and the Khalifah for ruling over the people according to Islam. Hence as long as he fulfils these conditions he will continue to be a Khalifah.

Needs people’s endorsement in the form of re-election to continue his rule

The duration could be even reduced through a no confidence vote which the representatives can carry out any time purely on their whims and desires

The pertinent question to be asked is; After all why does a good rulers should rule only just for five years and a bad rulers should stay for five long years?

The secular democracy can not develop such a mechanism as they have no divinely revealed fixed and absolute criteria's for all what is good and all what is bad for humanity.

Ruling System:

The Ummah cannot eject the Khaleefah

Ruling System:

Impeachment of the RulerKhilafah Democracy

Khaleefah can be impeached anytime by the courts if he implements Kufr or fails to fulfil his contractual conditions

- Capability to rule - Male- Adl (not fasiq) - Sane- Muslim - Free- Mature

The Parliament can kick PM out of the office by passing a “No Confidence” vote.

The ruler continues to be a ruler even though he fails to implement Islam or fulfil his election promises as long as he is keeping the parliamentarians happy

He may be impeached even though if he is a good ruler, if the parliamentarians don’t like his policies

If the courts fail to do so then the Ummah should gather strength in order to impeach him by force.

No such provision in this system

Khilafah is a much stable Political system, whereas in Democracy political instability is created through Vote of No-Confidence, horse trading etc.

PM’s primary concern is to keep the parliamentarians and pressure groups happy rather than Allah

Legalised bribery is introduced to forge stability, such as awarding ministries to “forward blocks”, allocation of funds etc.

Khilafah's only concern would be to implement Islam and make sure that he fulfils his contractual conditions

Ruling System:

Impeachment of the Ruler

Ruling System:

Accountability of the ruler

Khilafah Democracy

Peaceful Individual Group (Political Party)Majlis-e-UmmahQadi Mazzalim

Peaceful individual Group (Political Party)ParliamentCourts

Fighting with Sword (material force)The whole Ummah is obliged to fight

him with sword (material force) if he rules with clear kufr for which there is not even a weak daleel from Qur’an and Sunnah

With Sword (material force)No such concept

This physical use of force keeps the ruler in check from implementing Kufr.In the 1300 years of Khilafah’s history we have had Khulafaa who did Zulm but

accountability was so thorough that even these rulers were not able to change the law of the land and implement Kufr and rule by other than Islam.

Evidence:

Peaceful accountability

Evidence :

Accountability with Sword (Khurooj)

Ruling System:

Severity of the accountability

Khilafah DemocracyAccountability is fard on the Ummah as

“Nahi anil Munkar” 1

All the political parties in Khilafah are working to put Khalifah in check for implementation of Islam and act as a vanguard of Islam over Khalifah.

People have the option to either account the ruler or chose to keep quite under the pretext of freedom of expression

There are ruling and opposition parties both securing there personal and group interests.

This religious obligation makes accountability in Khilafah stronger than democracy

Ruling System:

Implications

Better accountability in Khilafah system than Democracy

Democracy: Blackmailing, Horse-Trading, Maintains the Status quo

Khilafah is a more stable System than Democracy

Provincialism and Ethnic rivalries are an integral part of a Democratic system

Ruling System:

Accounting far stronger in Khilafah than Democracy Accounting is an obligation in Islam (Amr bil Ma’roof and Nahhi unil Munkar)

In Islam accounting is an obligation. Even if it is dangerous a Muslim has to account the rulerIn democracy accounting is a right and it is up to the people to account or keep quiet if it is dangerous

People could be bared from accountingIn Democracy government can legislate laws to stops people from various cross-sections of the society

from accounting the rulers such as Civil servants, Army officials, students etc. In Khilafah this cannot happen as Allah has ordained every individual of the society to under take “Amr

bil Ma’roof and Nahhi unil Munkar”. In democracy judiciary could be bared from accounting

In democracy laws can be enacted which can stop the judges and the common people from taking the government to court. One such law was the 17th Amendment under which no court can hear a case challenging Musharraf’s conniving with the US in killing Muslims of Afghanistan as well as handing over of more than 500 Muslims to the US.

Under Article 248 of the Pakistani Constitution President, PM, Governors, Chief Ministers cannot be brought to court in connection with their responsibilities

Accounting will based on Islam not people’s whims and desiresIn Khilafah the criteria of accounting is Islamic laws but in democracy the members of the parliament can

eject the rulers purely based on their whims and desires even if the ruler is goodAccounting with sword

In Khilafah if the Khaleefah implements Kufr then he must be stopped through peaceful means such as verbal accounting and judiciary. But if he fails to stop then he must be fought and removed from this post. This is the strongest form of accounting which doesn’t exist in democracy.

In Democracy if the ruler is violating the constitution and the judiciary cannot stop him the people have no option but to wait until his term passes provided he doesn’t get himself re-elected as was the case with Musharraf. Hence in all practical terms people have no way to stop this Munkar (vice)

Ruling System:

Blackmailing, Horse-Trading and Maintaining of the Status quo

Vote of No-Confidence gives rise to various problems: Leg-pulling and negative politics where the people are the really victims Blackmailing by pressure groups and lobbies specially when the government is formed

through collation. A minority starts dictating the Majority Legalized corruption and Horse-Trading

Government resorts to Horse-Trading and legalized bribery such as “developmental budget” for the MNAs in order to keep its majority in the parliament

Ties the hand of a good ruler and maintains the status quoAs an example, a good ruler cannot dare implement Islamic laws related to Agricultural land

which will distribute land properly as he runs the risk of vote of No-Confidence from the Jageerdars (big landlords) present in the parliament.

Hence anything challenging the status quo would be checked by these “elite group” already present in the parliament

Gives rise to a very unstable system in which the ruler’s primary focus shifts to protecting his rule by keeping the majority in the parliament happy rather than implementing Islam or taking care of the affairs of the people

PM will be under pressure from people’s desires, not from Allah’s Ahkam

Ruling System:

Khilafah is a more stable System than Democracy

In Khilafah, the representatives do not have the dictatorial powers to remove the Khaleefah and he continues to be the Khaleefah as long as he implements Islam and fulfils his contractual conditions. As a result:

Khaleefah cannot be blackmailed or pressurised Khaleefah doesn’t need to bribe the representatives to keep the majority No Leg-pulling or destabilizing politics as long Islam is being implemented Liberates the Khaleefah to implement Islam and not the whims and desires of the people

If the Khaleefah fails to implement Islam and tries to become a legislator (dictator) he is impeached. If the judiciary fails to impeach him then it is the responsibility of the people to bring him down physically even if they have to fight him and his followers

Due to the above reasons Khilafah is far more stable system than Democracy

Ruling System:

Provincialism and Ethnic rivalriesIn Democracy the limited term of the ruler gives rise to provincialism and ethnic

divisions When the ruler knows that he has to go for re-election this produces, in his mind, undue

importance of the majority and insignificance for the minority Hence through out their rule they tend to favour the majority over the minority, giving

rise to provincial disharmony and ethnic divide

In Khilafah since the representatives can’t terrorize the Khaleefah by vote of No-confidence and he doesn’t have to go for re-election every 5 years, he is under no pressure from the majority areas to prefer them on the cost of minority area.

This produces equality amongst the people of all the provinces and ethnic groups in the eyes of the Khaleefah. He knows that as long as he implements Islam and fulfils the basic needs of all the citizens of the Khilafah he will continue to be the Khaleefah

It is for this reason that there has never been ethnic or cultural divide amongst the Muslims accept the later part of the Othmani Khilafah in which colonialist played a major role in inflaming nationalism

Important features of the

Political Structure

Ruling System:

Political Structure

Khilafah DemocracyCentralized Ruling

The Islamic political system is neither a federation nor a confederation of states. Rather, its authority is centralized making it one entity with a central leadership

The authority of the Khaleefah cannot be distributed among a council or a Shura as some suggest

De-centralized Administration Wali’sAamil’s

De-centralized RulingPresidentPrime MinisterCabinetLegislative AssemblyProvincial Autonomy

De-centralized AdministrationProvincial Govts.Local Govts.

Accountability much stronger in Khilafah than in DemocracySince the ruling is centralised hence Khaleefah can’t brush away criticism by playing

helpless and powerless as happens in Democracy. Everybody points a finger at each other, hence people can’t pin anybody down to fix a problem. Federal Govt points to the Provincial Govt. and vice versa.

Ruling System:

One State for Muslims or Multiple Nation states

Khilafah DemocracySingle State

One Ameer al Momineen, (Khaleefah, Imam) for all the Muslims.

It is not allowed for the Muslims to be divided into statelets 2

Multiple Nation States Conflicting “National Interests” of

different countries is hampering the unified approach of the Muslim Ummah

Khilafah produces political unity among the Muslims.

It is only because of Nation State concept Muslim land, armies and resources are used against fellow Muslims.

Ruling System:

One State for Muslims or Multiple Nation states

Ruling System:

Political StructureKhilafah Democracy

Institutions of Khilafah systemKhaleefahMuawin Tafweedh (Delegated Assistant)Muawin Tanfeez (Executive Assistant)Walies (Governors) Ameer ul Jihad Internal SecurityThe foreign affairsIndustryThe JudiciaryThe administration system (the people’s

affairs)Bait ul-mal (the state treasury)MediaMajlis al-Ummah

Institutions of Parliamentary DemocracyExecutive

Prime Minister

Cabinet

Governors

Civil Servants & Bureaucracy

LegislatureNational Assembly

Senate

Judiciary

Ruling System:

Political Hierarchy (Flow Chart)

Khaleefah• Elected directly by the Ummah

Or• By Muslim members of

Majlis-e-Ummah

Ameer Al-Jihad

JudiciaryDelegatedAssistant

• Has all powers of ruling like the Khaleefah

• Has to report to Khaleefah after taking an action.

• His ruling can not contradict the adoption of Khaleefah

• Only has executive powers

• No ruling powers

• Implements rulings of the Khaleefah and brings him feedback from the Ummah

Executive Assistant

The State Departments

• Three types of qadies, Qadhi Aam, Qadhi Mohtasib, Qadhi Mazalim

• Qadhi Mazalim can impeach the Khaleefah. During the hearing the Khaleefah cannot remove the Qadhi

Governors

• Appointed by the Khaleefah

• Assists the Khaleefah in ruling and implementing Islam in the province

• Distributes income to public and collects funds for the State

• A body of the people which executes the Islamic State’s orders

• Motor vehicle dept.

• Zakah Collection dept.

• Marriage and divorce dept.

• And others

Majlis-e-Ummah

• Elected by the people to represent them• Short lists nominees for Khaleefah• Scrutinize newly adopted laws and decision of

the Khaleefah• Make the Khaleefah change the Walies

AllCitizens of

Khilafah

InternalSecurity

Industry

• Police and other law enforcing agencies

• Heads the military

• Responsible for their training

• Heavy Industry geared towards supporting Jihad.

Muslim citizensMuslim citizens

Elect the KhaleefahElect the Khaleefah

Ruling System:

Political Environment

Khilafah DemocracyIslam obliges every individual to be

politically aware. This produces a political environment which keeps the ruler in check.

It is achieved through following meansMultiple Political parties MediaEducation system

Nobody is barred from political activity

Nobody is allowed to make parties or organizations from basis other than Islam

In democracy one is not obliged to be politically aware.

Certain cross-sections are prohibited from participating in PoliticsAll civil servantsStudents Teachers

Ruling System:

Rules regarding Political Parties

Khilafah DemocracyNo permission required to establish political parties, rather

it is Fard Kafaya to establish it

There is no such thing as ruling party or opposition party

Every political party gives allegiance to the Khaleefah and is required to obey him in private and public as long as he rules by Islam.

Every party has the right to voice her opinion and work to build public opinion for it

It is obligated (Fard) for every political party to account the ruler and build awareness and build public opinion against the unjust acts of the ruler

Political parties are not allowed to destabilise or weaken the authority of the Khaleefah as long as he is implementing Islam

Political parties are responsible in maintaining public opinion for the implementation of Islam and strengthening the system

There is a ruling party/coalition and an opposition.

The opposition works to remove the government through constitutional means i.e. No-confidence vote, or extra-constitutional means like agitation, civil disobedience, strikes.

Political party may account the ruler or chose to keep quiet under the principal of “freedom of expression”

Ruling System:

Islam forbids a Police State

Khilafah DemocracyIslam forbids harming the Muslims and

spying on them Pakistani Police is known for its tortureThere are number of Pakistani agencies

monitoring Muslims day in day out

Obedience to the Muslim ruler who governs with Islam is compulsory

There is no obedience in sin

Muslims armies and police are bullied to abduct and kill Muslims under the guise of “War against terror”

Muslim armies are trained to say “Yes Sir” and “do or die” for all orders

Accounting the rulers is fard upon the Muslims

Ruling system

Spiritual

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