Ruling System of Khilafah vs. Democracy
Ruling System of Khilafah vs. Democracy
Democracy
Every Ideology has a set of fundamental concepts known as Creed from which specific Systems emanate
Systems
Creed (Aqeeda)
Foreign Policy
Before Life
After Life
Relationship A comprehensive thought must answer following questions What 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 mans purpose in life (What is the relationship of this life with that which preceded it)? What is mans motivation to fulfil his purpose in life (What is the relationship of this life with whatever is after life)?
Secularism
One can believe In 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. Mans 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 peoples 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
Majority
Economic
Ruling
Social
Judicial
Education Policy
Foreign Policy
Islamic Aqeedah
Accountability Day of Judgment Heaven, Hell
Allah
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 Quran being the word of the Creator. Messengership of Muhammad (saw) follows from the proof of Quran According to Islamic Aqeedah Allah has given us clear guidance as to what is Mans purpose of Life and what should be his motivation to fulfil it. Mans purpose in life is to worship Allah by following His commands in all aspects of life. Mans motivation to follow Allahs 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 Allahs displeasure and Hellfire.
The primary sources of Legislation are: Quran Sunnah There are two other sources indicated by the primary sources Ijma us-Sahaba Qiyas with illa Shariya
Qiyas
Aqeedah
Quran Sunnah Ijma us-Sahaba Qiyas
Economic
Ruling
Social
Judicial
Education Policy
Foreign Policy
Ruling System:
Ibadat
Man
Muamilat
Man
Ibadat
Man
Man
Muamilat (In private and in Public)
Man
Man
Interest is allowed Insurance is legal Constitution protects freedoms National Interest supersede Allahs ahkam
Pakistan is implementing a system which is in conflict with the creed of the overwhelming majority Creed: Interest is Haram Insurance is Haram People are not free, they are slaves of Allah Allahs ahkam set our National interests
Hence a sizeable cross-section of society refrain from participating in system deeming it contradictory to Ahkam of Islam, which results in weak implementation of system
Option 1, doesnt 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 Shariah
Ruling System
(Nidham ul Hukm fil Islam)
Evidence:
From Quran
Evidence:
From Sunnah
Evidence:
Evidence:
Evidence:
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 Quran 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 Khaleefahs term of office. This is rather determined by his implementation of Shara.
Ruling System:
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:
Ruling System:
Sources of legislation
Ruling System:
Source of Legislation
Khilafah Democracy
1) Quran Human mind, freedoms, Human Rights and national interest and not Islam are the 2) Sunnah sources of legislation. 3) Ijma as-Sahaba and 4) Qiyas The parliament has the authority to make laws are the only sources of legislation. from any source or adopt it from any creed. It is the responsibility of the State to prove that they have adopting laws from none other It is the responsibility of the people and than the Shariah sources. Islamic Ideological Council to waste time in No law can be taken from any other system or proving the contradiction with Islam. creed since Islam is not silent on any issue Furthermore, councils decisions are not dealing with human relationships and society. binding. These laws pertain to all systems such as Economic, Ruling, Social, Education, Judicial and Foreign Policy. 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
Quran Sunnah Ijma us-Sahaba Qiyas
Economic
Ruling
Social
Judicial
Education Policy
Foreign Policy
Ruling System:
Capitalist Framework
Secularism
Freedoms & Equalities Morality Interest & benefit
Majority
Economic
Ruling
Social
Judicial
Education Policy
Foreign Policy
Process of legislation
Ruling System:
Ruling System:
Ruling System:
Mubah Issues
Ruling System:
Ruling System:
Democracy
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 Shariah, Allahs laws are to be produced before the representatives in the form of a bill who have the choice to accept or reject. Hence practically Creators laws need approval of the creation to become the law of the land. Hence we hear terminologies such as Shariah bill etc.
The Khaleefah implements Allahs laws derived only from Quran, Sunnah, Ijma asSahaba and Qiyas, through the process of Ijtehad.
The Khaleefahs personal choice or the whims of the majority of the Majlis-e-Ummah bears no weight in the process of Ijtehad.
Evidences
"Verily, Ruling is only for Allah" [Yusaf: 40]
"The judgment is His, and to Him you shall return." [28:88]
Those who do not judge by what Allah hath revealed, They are the Unbelievers [5:44]
So 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]
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]
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-Maidah:49] , "And whatever the Messenger brought to you take it, and whatever he forbade you of leave it." [AlHashr: 7]. The Messenger of Allahs (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.
Ruling System:
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 Allahs 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 Allahs 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.
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.
4.
Ruling System:
Implications
Since the Khaleefah doesnt 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 peoples desires, not from Allahs Ahkam
Man made laws will always have a bias towards the interests of the legislators or the interest of their colonial masters. In democracy peoples 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:
Ibadat
Man
Muamilat
Man
Ruling System:
Mubah Issues
Ruling System:
Mubah Issues
Ruling System:
A) Mubah Issues about which Ummah is generally A) Mubah Issues about which Ummah is knowledgeable and expert opinion is not needed: generally knowledgeable: Majority opinion of the representatives of the Ummah Peoples representatives to decide what is is binding on the Khaleefah. good for them. B) Mubah Issues which needs expertise and insight: After consultations with the experts and people of B) Mubah Issues which needs expertise and insight: insight Khaleefah makes the final decision. He is not bound by the majority opinion of the experts rather he The Cabinet makes strategic decisions but would look for the strongest opinion. For example to the parliament has the right to overrule deal with water crisis, should the government build them by voting against it. 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.
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 Messengers 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- Ashari]
Ruling System:
Implications
The Ummahs 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:
Should the state first build motorway or fix the sewage system
Ruling System:
Decision making
Legislative Allahs Ahkam Are implemented derived from the sources, Quran, Sunnah, Ijma us Sahaba Qiyas People Through their representatives decide based on majority
Economic Ruling Social Judicial Education Policy Foreign Policy
Mubah (needing expertise) Khaleefah is final authority after discussing with experts
Ruling System:
Decision making
Legislative
Mubah (General issues) Mubah (needing expertise)
The ruler
The ruler
The ruler
Economic
Ruling
Social
Judicial
Education Policy
Foreign Policy
Ruling System:
Decision making
Legislative Mubah (General issues) Mubah (needing expertise)
Elite Group
Elite Group
Elite Group
Economic
Ruling
Social
Judicial
Education Policy
Foreign Policy
Ruling System:
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:
Ruling System:
Ruling System:
Implications
Real representation is only possible in the Khilafah Rule of Law only possible in the Khilafah
Ruling System:
Democracy
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.
The real representation can only happen in the Real representation is not possible in Khilafah democratic system
Ruling System:
Khaleefah cannot change the judge if he is Recently Bush has passed a law according to hearing a case against the Khaleefah
which investigators and the government cannot be legally sued by detainees abducted under terrorism allegations
Ruling System:
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:
Ruling System:
Minority rights
In 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 Worlds glairing example of liberty and civil rights: Guantanamo Bay In Khilafah, since man doesnt 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:
Ruling System:
Ruling System:
Ruling System:
Democracy
The ruler should have qualification as pronounced by article 62 & 63 of the constitution Muslim Mature Graduate Good Muslim etc.
The Khaleefah is appointed either by the people directly or through their People elect the parliament which in turn elects the Prime Minister through voting representatives
Ruling System:
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 Bayaa to the person getting maximum votes. It is due to this Bayaa 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:
Ruling System:
Ruling System:
Ruling System:
Ruling System:
Ruling System:
Democracy
Peaceful individual Group (Political Party) Parliament Courts
Fighting with Sword (material force) With Sword (material force) The whole Ummah is obliged to fight No such concept him with sword (material force) if he rules with clear kufr for which there is not even a weak daleel from Quran and Sunnah This physical use of force keeps the ruler in check from implementing Kufr. In the 1300 years of Khilafahs 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 :
Ruling System:
Ruling System:
Implications
Better accountability in Khilafah system than Democracy
Ruling System:
Ruling System:
Ties the hand of a good ruler and maintains the status quo
As 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 rulers 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 peoples desires, not from Allahs Ahkam
Ruling System:
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:
In Khilafah since the representatives cant terrorize the Khaleefah by vote of Noconfidence and he doesnt 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
Ruling System:
Political Structure
Khilafah Democracy
Centralized Ruling De-centralized Ruling The Islamic political system is neither a President federation nor a confederation of states. Prime Minister Rather, its authority is centralized Cabinet making it one entity with a central leadership Legislative Assembly The authority of the Khaleefah cannot Provincial Autonomy be distributed among a council or a Shura as some suggest De-centralized Administration De-centralized Administration Provincial Govts. Walis Local Govts. Aamils Accountability much stronger in Khilafah than in Democracy Since the ruling is centralised hence Khaleefah cant brush away criticism by playing helpless and powerless as happens in Democracy. Everybody points a finger at each other, hence people cant pin anybody down to fix a problem. Federal Govt points to the Provincial Govt. and vice versa.
Ruling System:
It is only because of Nation State concept Muslim land, armies and resources are used against fellow Muslims.
Ruling System:
Ruling System:
Political Structure
Khilafah
Institutions of Khilafah system Khaleefah Muawin Tafweedh (Delegated Assistant) Muawin Tanfeez (Executive Assistant) Walies (Governors) Ameer ul Jihad Internal Security The foreign affairs Industry The Judiciary The administration system (the peoples affairs) Bait ul-mal (the state treasury) Media Majlis al-Ummah
Democracy
Institutions of Parliamentary Democracy Executive Prime Minister Cabinet Governors
Ruling System:
Khaleefah
Muslim citizens Elect the Khaleefah
Executive Assistant
Elected directly by the Ummah Or By Muslim members of Majlis-e-Ummah
Judiciary
Governors
Internal Security
Industry
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
Qadhi Mazalim can impeach the Khaleefah. During the hearing the Khaleefah cannot remove the Qadhi
Motor vehicle dept. Zakah Collection dept. Marriage and divorce dept. And others
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
Ruling System:
Political Environment
Khilafah Democracy
Islam obliges every individual to be In democracy one is not obliged to be politically aware. This produces a politically aware. political environment which keeps the ruler in check. It is achieved through following means Multiple Political parties Media Education system Certain cross-sections are prohibited Nobody is barred from political activity from participating in Politics All civil servants Nobody is allowed to make parties or Students organizations from basis other than Teachers Islam
Ruling System:
Ruling System:
Islam forbids harming the Muslims and Pakistani Police is known for its torture spying on them There are number of Pakistani agencies monitoring Muslims day in day out Obedience to the Muslim ruler who governs Muslims armies and police are bullied to with Islam is compulsory abduct and kill Muslims under the guise of War against terror There is no obedience in sin Accounting the rulers is fard upon the Muslims Muslim armies are trained to say Yes Sir and do or die for all orders