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Accounting
the governors (Wulah) of the Khilafah
Friday, 06 June 2008 12:29
The Khilafah is a unitary state not a federal state.
Governing any state, especially one as large as the future Khilafah, cannot be
done by one person from a central point. Ruling in the Khilafah is centralised
in the hands of the Khaleefah, who then devolves his powers to various
assistants (Mu'awinoon) and governors (Wulah) in order to
practically manage people's affairs.
A visual representation of this structure is available
here. The Messenger (saw) predicted that oppressive Ameer's
would rule over the Muslims. During the Abbasid Khilafah the Wulah became
very powerful and effectively ran their Wiliyaat as independent states.
The Khaleefah agreed to this state of affairs and was content with the praise
he received from the mosque mimbars, and by the Waali mentioning
that decisions were taken on the Khaleefah's behalf. Therefore, detailed accountability mechanisms are
needed for the Waali and his ‘Amil's, to ensure the unity of the
Khilafah state and in preventing any abuse of the Waali's powers that
could lead to the oppression of the people. Hizb ut-Tahrir has addressed these historical
problems, producing detailed solutions derived from Islam via ijtihad,
on how a 21st century Khilafah will function. This ijtihad
builds on the classical works by scholars such as Imam al-Mawardi who wrote the
famous book al-Ahkam as-Sultaniyyah. This ijtihad is contained in
two books by Hizb ut-Tahrir: Nizam
ul-Hukm fil-Islam, 5th Edition; and Ajhizat
Dowlatul-Khilafah. The following discussion on accountability
mechanisms for the Wulah is based on these two books. The accountability mechanisms in place for the Wulah
are as follows: 1. Strict contractual conditions 2. Separation of powers 3. Regional Assembly (Majlis ul-Wiliyah) 4. Council of the Ummah (Majlis ul-Ummah) 5. The Khaleefah monitors the Wulah 6. Court of Unjust Acts (Mahkamat ul-Mazalim) 7. Term of Office 8. Political Parties 9. Media 1. Strict contractual conditions Since the Waali is a deputy of the Khaleefah,
the conditions of the Waali are the same as those for the Khaleefah.
They are: Muslim, male, mature, sane, free, ‘Adl (just) and competency. As a Muslim the Waali is accountable firstly to
Allah, al-Aleem, ar-Raqeeb - the All Knowing and the watcher over all things.
The Waali knows that Allah (swt) will question him for every action he
undertakes in managing the affairs of the people. This in itself is a powerful
deterrent against the Waali abusing his powers. Allah (swt) says: فَمَن
يَعْمَلْ
مِثْقَالَ
ذَرَّةٍ
خَيْرًا
يَرَهُ وَمَن
يَعْمَلْ
مِثْقَالَ
ذَرَّةٍ
شَرًّا يَرَهُ
"Whoever has done an atom's-weight of good will
see it, but whoever has done an atom's-weight of evil will see
that." [TMQ 99:7-8]
Allah (swt) says: يَا
أَيُّهَا
الَّذِينَ
آمَنُوا إِن
جَاءكُمْ
فَاسِقٌ
بِنَبَأٍ
فَتَبَيَّنُوا
"Believers, if a fasiq (transgressor) brings you
news, verify it first." [TMQ 49: 6] Islam obliges the verifying of information when it
comes from a fasiq. Since the ruler is of those whose verdicts are taken
without verification, it is forbidden for him to be among those whose word is
not accepted except after verification. Therefore being ‘Adl is a
contractual condition for the Waali because he is a ruler. Competency is an essential condition for anyone
undertaking the task of managing people's affairs. Someone appointed to a
ruling post who is unable to fulfil the task, will create huge problems for the
people, even if he is sincere. The Messenger of Allah (saw) said to Abu Dharr when he
requested appointment over a Wilayah: ‘I think you are weak.' Another
narration says: ‘O Abu Dharr! You are weak and this post is a trust.' [Both are narrated by Muslim on the authority of Abu
Dharr]
These strict contractual conditions ensure that the
best and most capable people are appointed as Wulah. This minimises the
potential for oppression and misuse of power before any other accountability
mechanism. If disputes arise over these conditions either before or after the Waali
is in office, the Mahkamat ul-Mazalim (Court of Unjust Acts) will
resolve them. The Mahkamat ul-Mazalim Court has the authority to remove
a Waali from office if necessary. 2. Separation of powers Looking to the sunnah of the Messenger of Allah (saw)
in
It is mentioned in the Seerah of ibn Hisham that the
Messenger of Allah (saw) appointed Farwa bin Musayk as an ‘Amil over the
tribes: Murad, Muzhij and Zabeed and he sent with him Khalid bin Sa'eed as Waali
over the Sadaqah. It is also mentioned that the Messenger of Allah (saw)
appointed Ziad bin Labeed al-Ansari as a Waali over Hadhramawt and its Sadaqat.
He (saw) sent ‘Ali b. Abi Talib to Najran to collect
their Sadaqat and their Jizya. He (saw) also sent him, as a
judge over These examples from the sunnah serve as evidence for
the Khaleefah to restrict the Wiliyah to the kharaj, judiciary or
other than these as he deems fit for the best running of the State. This is
because the Shari'ah has not determined specific duties for the Waali,
nor has it obliged the Waali to perform all the duties of ruling. It
has, however, determined that the Waali is a deputy of the Khaleefah
over a specific area, whose duties are ruling and authority. Although the Khaleefah in origin is allowed to appoint
a Waali with a general Wilayah, historically this caused great harm to
the unity of the Islamic State. During the decline of the Abbassid Khilafah the
Wilayaat became independent and the Khaleefah's authority over them was
reduced to having dua'a (supplications) performed for him and the
currency engraved with his name. Therefore, giving a general Wilayah
causes harm to the Islamic State. Thus, in a 21st century Islamic State the Waali
should be given a restricted Wilayah (Wilayah Khassa) in a way
that would prevent him from becoming independent of the Khaleefah. The main
factors contributing to a potential breakaway would be the armed forces, funds
and the judiciary. This is because the armed forces represent the power,
the funds represent the "life blood" and the judiciary demonstrates
the safeguarding of the rights and the execution of the penal codes. The Wulah
should, therefore, be given a specific Wilayah that excludes the
judiciary, armed forces and the funds. The police would be under the Waali's command
in terms of execution but not administration. This means the Waali can
utilise the police but not appoint or dismiss the police commissioner or any
other officers. Administration of the police is performed by the Internal
Security Department. The armed forces, judiciary and funds would be
directly under the control of the Khaleefah through their respective government
departments. A visual representation of this separation of powers
is available here. This separation of powers removes
the ability of the Waali to threaten the unity of the Khilafah and
commit oppression against the people in his Wiliyah. 3. Regional Assembly (Majlis ul-Wiliyah) In every Wiliyah there exists a Regional
Assembly (Majlis ul-Wiliyah) that is elected by the people of that Wiliyah
every five years. Those elected are representatives of the Muslim and
non-Muslim (dhimmi) citizens of that Wiliyah. This Regional Assembly has two main functions.
Firstly, it acts as an advisory body to the Waali explaining the reality
of the Wiliyah and its problems. Secondly, it monitors the Waali
and his ‘Amil's and accounts them where necessary. If the majority of
the Regional Assembly complain about the conduct of the Waali or his ‘Amil's
and pass a no-confidence motion against them, then the Khaleefah must remove
the Waali or ‘Amil from office. The establishment of a Regional Assembly with the
power to have the Waali or ‘Amil's removed from office, will
ensure the Waali and ‘Amil's serve the interests of the people
and not their own selfish interests. 4. Council of the Ummah (Majlis ul-Ummah) The Council of the Ummah in the capital consists of
elected representatives from every Wiliyah. It has the same power as the
Regional Assembly to pass a no-confidence motion against the Waali or ‘Amil.
This motion would be binding on the Khaleefah who should dismiss them at
once. However, if the opinion of the Council of the Ummah
differed with the opinion of the Regional Assembly in the particular Wilayah,
regarding the conduct of the Waali's and ‘Amil's, then the
opinion of the Regional Assembly takes priority since it is more aware of the
reality concerning its rulers. 5. The Khaleefah monitors the Wulah The Khaleefah should inquire about the actions of the Waali
and he should monitor them closely. He should also appoint someone who can
check their state of affairs and carry out inspections. Delegated Assistants (Mu'awin
ut-Tafweed) are appointed and given responsibility for one or more Wiliyaat
of the state, so they can supervise the Waali and assist him where
necessary. The Khaleefah should also meet with all of the Wulah
or some of them from time to time and listen to the complaints of the people
against them. It has been confirmed that the Messenger of Allah
(saw) would examine the Wulah when appointing them, as he did with Mu'az
and Abu Moussa. He (saw) used to explain to them how they should conduct their
duties, as he did with ‘Amr bin Hazm. He (saw) also drew their attention to
some important matters as he did with Aban bin Sa'id when he appointed him Waali
over Bahrain and said to him: ‘Look after Abd Qays and honour their
leaders.' Likewise it has also been confirmed that he (saw) used
to hold the Wulah accountable, inspect their situation and listen to
news brought to him about them. Al-Bukhari and Muslim narrated on the authority of Abu
Humaid Al-Sa'idi who said: "The Messenger of Allah (saw) appointed
Ibnul-Utbiyya as ‘Amil in charge of the Sadaqat of Banu Saleem.
When he returned back to the Prophet (saw) and he accounted him, he said; ‘This
is for you and (this is a gift) that was presented to me.' So the Messenger
of Allah (saw) said ‘Why did you not remain in your father's and mother's
home so that your gift comes to you if you spoke the truth.' Then the
Messenger of Allah (saw) stood on the pulpit, addressed the people praised,
Allah (swt) and said; ‘What about a State official whom I give an assignment
and who comes and says; ‘This is for you and this has been presented to me as a
gift?' Why didn't he remain in the house of his father or the house of
his mother so that his gift be presented to him if he is truthful? By Allah,
any one of you will not take anything from it (Sadaqah) unlawfully but
will bring it on the Day of Judgment, carrying on his neck a camel that will be
growling, or a cow that will be bellowing or a sheep that will be bleating.'
Then he raised his hands so that I could see the whiteness of his armpits. Then
he said twice; ‘O Allah, I have conveyed your command.'" ‘Umar bin al-Khattab when he was Khaleefah used to
closely monitor the Wulah, and he appointed Muhammad Ibnu Maslama to
examine their state of affairs and inspect them. ‘Umar used to gather the Wulah during the Hajj
season to review their performance and listen to the complaints of their
subjects about them. He also used to discuss with them the affairs of the Wilayaat
and ask about their own conditions. It has been reported that ‘Umar once said to the
people around him; ‘Would you say that my duty would be fulfilled if I
appointed over you the best from amongst you, and ordered him to be just?'
They said; ‘Yes.' He said; ‘No. Not until I had checked his
performance, and seen whether or not he did what I had ordered him to do.' ‘Umar was known to be strict when accounting the Wulah
and the ‘Amil's. He would even remove some of them on just a
suspicion without conclusive evidence. He even used to remove a Waali on
the slightest doubt that did not even reach the level of suspicion. He was
asked about this one day and he said: ‘It is easy to swap an Ameer for
another so as to amend the people's affairs.' Therefore, the Waali's conduct will be closely
monitored and scrutinised by the Khaleefah, the Delegated Assistant and any
other auditors and inspectors the Khaleefah deems necessary to appoint. 6. Court of Unjust Acts (Mahkamat ul-Mazalim) The Khilafah has an independent high court called the
Court of Unjust Acts (Mahkamat ul-Mazalim). It is presided over by the
most eminent and qualified judges (Qadi Muzalim) in the state and
granted extensive powers by the Shari'ah. It has the power to remove any
official of state regardless of his role or rank, including the Waali, ‘Amil's
and even the Khaleefah. The central Mahkamat ul-Mazalim is in the
capital at the heart of government and investigates any Mazalim
(government oppression) that occurs from the Khaleefah, his assistants and the
Supreme Judge. The regional Mahkamat ul-Mazalim's in each Wiliyah will
investigate any Mazalim that occurs from the Waali or his ‘Amils.
Ordinary citizens who have a complaint against the Waali
can register it with the regional branch of the Mahkamat ul-Mazalim Court.
The Regional Assembly can also refer disputes arising between itself and the Waali
to the Court. The Qadi Mazalim has the mandatory power to
remove any ruler or civil servant, and he also has the right to remove the Khaleefah.
The Qadi Mazalim has the right to remove the rulers, for the ruler is
appointed by a contract, known as the contract of assignment which is also
called the contract of appointment (Taqleed). However, the Mahkamat ul-Mazalim Court does not
have the right to remove the rulers on behalf of the Khaleefah, since it does
not act on his behalf in appointing and removing rulers. Rather it acts on the
Khaleefah's behalf in investigating the Mazalim. So if the presence of
that ruler in his Wilayah was a Mazlema, the court has the right
to remove that Mazlema i.e. it has the right to remove that ruler from
office. Therefore, the Court's power to remove the ruler is
not done on behalf of the Khaleefah, but merely to remove the Mazlema.
So when the Court issues a verdict that a particular Waali or ‘Amil
should be removed, he must be removed, even if the Khaleefah does not agree
with the judgement. This is because the removal of that ruler would be the
removal of a Mazlema, and this applies to everyone, including the
Khaleefah, for the judgement of the judge applies to everyone. 7. Term of office The term of office for the Waali should not be
a lengthy period. It would be best to relieve him if he became established or
if people became attracted to his personality. The Messenger of Allah (saw) used to appoint Wulah for
a period of time and relieve them. No Waali remained in his Wiliyah for
entire duration of the Messenger of Allah's (saw) rule. This indicates that the
Waali should never be appointed permanently, but only for short periods
after which he is removed. Evidence about the length of this period i.e. whether
it should be long or short, has not been determined by the actions of the
Messenger of Allah (saw). All that is related to this matter is that the
Messenger of Allah (saw) did not keep a Waali in his post during the
whole of his life. It has been established as a fact that he (saw) used to
appoint the Wulah and then relieve them. However, the Fitna that shook the Ummah in
the time of Imam Ali was caused by the lengthy period of Mu'awiya's Wilayah over
Ash-Sham during the times of ‘Umar and ‘Uthman. Therefore, a lengthy period of Wilayah
could harm the Muslims and the State. This is why the period of Wilayah
should not be long. 8. Political Parties In addition to the institutionalised mechanisms of
accountability discussed so far, Islam also ordered the establishment of
political parties. Political parties in the Khilafah are established
primarily to account the Khaleefah and his deputies such as the Wulah and
‘Amil's. The party's task is to safeguard the thoughts of Islam in society
and to ensure the government does not deviate from the implementation and
propagation of Islam. The right of the Khilafah's citizens to establish
political parties is established from the Holy Qur'an. No permission is
required from the government to establish these parties as the Shari'ah has
given permission for this. The following verse of the Holy Qur'an orders the
establishment of political parties. عْرُوفِ
وَيَنْهَوْنَ
عَنِ
الْمُنكَرِ
وَأُوْلَـئِكَ
هُمُ
الْمُفْلِحُونَ
وَلْتَكُن
مِّنكُمْ
أُمَّةٌ
يَدْعُونَ إِلَى
الْخَيْرِ
وَيَأْمُرُونَ
بِالْمَ "Let
there arise from amongst you a group which calls to al-Khair (Islam), enjoins al-ma'aruf (good) and forbids al-munkar
(evil), and they are the successful ones." The order to establish a group is an order to establish
political parties. This is deduced from the fact that the verse has determined
the duty of this group which is the call to Islam, enjoining the Ma'aruf (good),
and forbidding the Munkar (evil). The duty of enjoining Ma'aruf and
forbidding Munkar is general and not restricted. It therefore includes
the rulers and this implies holding them accountable. The holding of the rulers
accountable is a political task performed by the political parties and it is
the most important task of the political parties. Thus the verse indicates the duty of establishing
political parties which would call to Islam, enjoin Ma'aruf and forbid Munkar,
and would hold the rulers accountable for their actions and conduct. The importance and power of political parties within
society cannot be underestimated. Individuals have a very limited impact when
accounting governments. It's very easy for the government to either ignore the
individual or even imprison them preventing their message getting through.
Without coordinated mass effort they can never influence public opinion enough
to be effective in their accountability. Political parties if structured
correctly and unified in their message can literally move mountains when it
comes to influencing public opinion and the policies of government. 9. Media The Khilafah does not have a monopoly on the media.
Any citizen of the Islamic State is allowed to set up any media whether
newspapers, magazines, radio or television. Permission is not required to
establish this type of media although the Department of Information (Da'irat
ul I'laam) must be informed of their establishment. As is the case in any State there are limits to the
general remit of the press and they must operate within the law. Sensitive
information related to national security cannot be published without prior
permission from the Information Department. Slander and libel, incitement,
racism, insulting religious beliefs and the propagation of depraved and
misguided cultures are not allowed by Shari'ah. Outside of these limits the media within the Khilafah
has full rights to account the Waali and his ‘Amil's and
investigate any oppression (mazlema) committed by them. The media can
investigate and publish this without fear of any arrest or persecution. The role of the media within any society especially
the Khilafah cannot be underestimated. Its work falls under the general
obligation of enjoining the good (Ma'aruf) and forbidding the evil (Munkar)
which is a duty on every Muslim citizen. The ordinary Muslims within the Khilafah will fear
none but Allah (swt). This will give them the strength to confront the Waali
and strongly account him when necessary. Conclusion The Khilafah is not a utopia where its rulers are
infallible or angels. The rulers are human beings who will sin and make
mistakes. This is why the Shari'ah contains detailed rules for
accounting leaders in the Islamic State. If the Waali wants to commit oppression then
the first deterrent is his taqwa since the Waali must be a
Muslim. If this fails then due to his restricted powers he has no access to the
departments that can aid in his oppression, i.e. armed forces, judiciary and
funds. The Waali is under constant scrutiny and supervision from the
Khaleefah, Delegated Assistant, Regional Assembly, Council of the Ummah, Mahkamat
ul-Mazalim, Political Parties and the Media. Therefore, Islam has removed
the ability of the Wulah to commit oppression by these accountability
mechanisms. If Allah (swt) has provided us with guidance on all
matters, and revealed a far superior ruling system to any other man-made system
in place today, then why are there still some Muslims who call for democracy? Allah (swt) says: لِّكُلِّ
شَيْءٍ
وَهُدًى
وَرَحْمَةً
وَبُشْرَى
لِلْمُسْلِمِينَ
وَنَزَّلْنَا
عَلَيْكَ
الْكِتَابَ
تِبْيَانًا "We have sent the Scripture down to you
explaining everything, and as guidance and mercy and good news to those who
devote themselves to Allah." [TMQ 16:89] The level of accountability in the Khilafah far
exceeds anything we see in western democracies. The Waali and ‘Amil's
can be removed anytime if the majority of the people complain against them;
whereas the governors and mayors in the We pray to Allah (swt) to grant the Muslim Ummah
victory and establish for us the Khilafah Rashida that will bring true
accountable rulers to the Muslim world. Ameen http://www.khilafah.com/index.php/the-khilafah/issues/2987-accounting-the-governors-wulah-of-the-khilafah |
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