Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

SIYAASAH
SHAR’IYYAH
Divine Politics

Written by
ABU BARAA’
Based on lectures by Sheikh Omar Bakri Muhammad
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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Siyaasah
Shar’iyyah
Divine Politics

Written by Abu Baraa’

Based on lectures by Sheikh Omar Bakri Muhammad

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Siyaasah Shar’iyyah

Divine Politics – Managing Society Affairs According to

Islam

First Edition 1437AH / 2016 CE

Second Edition Ramadan 1439AH / 2018 CE

First published online in 1437AH / 2016 CE

First published in limited edition paperback

in the United Kingdom 1437AH / 2016 CE

This book is not protected by copyright. Any quotation,

reproduction or photocopying is allowed whether for
personal, educational or commercial use, provided any
such reproduction is free from distortion or
misattribution. Copyright law is prohibited in Islam such
that a buyer has the complete right of disposal for
purchased products. It was written, compiled and
edited by Abu Baraa in the United Kingdom based on
notes taken by various students during numerous
lectures delivered by Sheikh Omar Bakri Muhammad.

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

“O you who believe! fear Allah as He

should be feared, and die not except in a
state of Islam. And hold fast, all together,
to the rope which Allah (stretches out for
you), and be not divided among
yourselves; And remember with gratitude
Allah’s favour on you; For you were
enemies and He joined your hearts in
love, so that by His Grace, you became
brothers; And you were on the brink of
the pit of fire, and He saved you from it.
Thus does Allah make His signs clear to
you: that you may be guided.”1

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Al-Qur’an, Surah ale-Imraan, 3: 102 - 103

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Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Siyaasah
Shar’iyyah
Divine Politics

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Contents
Contents .......................................................................... 7
Introduction .................................................................. 16
1.1 Political Concepts/Awareness................................. 23
The Meaning of Al-Siyaasah Al-Shar’iyyah ................ 23
‘Arabic Meaning of the term Siyaasah ...................... 24
The Meaning of Politics after the influence of Western
Politics ....................................................................... 24
Definition of Siyaasah in the Shari’ah ....................... 26
1.2 Political Awareness ................................................. 28
Al-Mawqif Al-Dowliyyah: International Status .......... 28
Al- Siyasah Al-Dowliyyah: International Politics ........ 29
Al- ‘Alaqah Al-Dowliyyah: International Relationships
................................................................................... 30
1.3 Al- Masalih: Interests .............................................. 32
Al-Masalih al-Mabda’iyyah: Ideological Interests ..... 32
Al- Masalih Al-Istratigiyyah: Strategical Interests ..... 33
Al- Masalih Al-‘Askariyyah: Military Interests ........... 34
Al- Masalih Al-Iqtisadiyyah: Economic Interests ....... 35
1.4 Political Analysis ...................................................... 37

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

To study the Situation Deeply ................................... 38

Avoid Generalising..................................................... 38
Avoid Isolation ........................................................... 39
Statesman .................................................................. 39
Quwwat Al-Dowlah: The Strength of the State ......... 39
Al Faragh: Vacuum..................................................... 43
2.1 Khilafah – The Islamic Ruling System ...................... 47
Introduction to Khilafah ............................................ 47
Establishing Khilafah was the Objective .................... 49
Divine Methodology .................................................. 52
Second pledge of Al Aqabah...................................... 54
3.1 The Divine Rules Relating to Circumstances ........... 62
Al-Sabab: Cause ......................................................... 63
Al-Shart: Condition .................................................... 64
Al-Mani’: Prevention ................................................. 65
Al-Azeemah: Original Will.......................................... 65
Al-Rukhsah: Permit .................................................... 65
Al-Sihhah: Validity ..................................................... 66
3.2 Al-Shuroot: Conditions ............................................ 67
Placing Conditions ..................................................... 67

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Al-Mashroot: The Conditional Matter ....................... 69

Types of Conditions ................................................... 71
3.3 Aims & Conditions for Khilafah ............................... 79
The roles of the Khalifah ........................................... 79
3.4 The Five Main Objectives of the Ruling System in
Islam .............................................................................. 82
Hifz ud-Deen .............................................................. 82
Hifz ul-Ummah ........................................................... 83
Ri’ayat ul-Sho’oun ..................................................... 83
Fadh ul-Munaza’at..................................................... 83
Da’wah and Jihad....................................................... 84
3.5 The Five Principles of the Ruling System ................ 85
Al-Haakimiyyah lillah ................................................. 85
Al-Siyaadah lil-Shari’ .................................................. 86
Al-Sultan lil-Ummah .................................................. 87
Wihdatul – Khaleefatu wal Khilafah .......................... 89
Haq ul-Ta’ah wal-Tabannie ........................................ 90
3.6 The Conditions of the Khalifah................................ 91
Muslim ....................................................................... 91
Mature ....................................................................... 92

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Sane ........................................................................... 93
Trustworthy ............................................................... 93
Male ........................................................................... 95
Free ............................................................................ 95
Capable ...................................................................... 96
Quraishi ..................................................................... 97
Mujtahid .................................................................... 99
Brave ........................................................................ 100
Experienced ............................................................. 101
Infallible ................................................................... 101
4.1 Al Leen – Treating the Ummah gently .................. 106
A New Generation ................................................... 107
Treat Them, Don’t Punish Them ............................. 110
Verify & Empathise .................................................. 111
Educate, Don’t Accuse ............................................. 114
Differentiating between the people........................ 115
Benefit of the Doubt ................................................ 116
4.2 Brotherhood Based on Imaan ............................... 119
4.3 Al-Shura – consultation ......................................... 130
Benefits from Shura:................................................ 138

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The attributes of the people who have shura ......... 141

4.4 Combating At Taa'ifatul Mumtani'ah.................... 152
What is Al Taa'ifah? ................................................. 153
What is Al Mumtani'ah? .......................................... 154
Al Taa’ifah Al Mumtani’ah in the time of the
Companions ............................................................. 157
Khawaarij and Muslim Rebels ................................. 163
4.5 Judicial System in Islam ......................................... 164
Objective of the Judiciary ........................................ 165
Evidences for the Legitimacy of the Judiciary ......... 166
Other Evidences of the Judiciary in Sunnah ............ 169
The Hukm of the Judiciary ....................................... 174
The Responsibilities of the Judiciary ....................... 175
The Appointing of Different Types of Judges .......... 176
The Structure of the Judiciary ................................. 177
The Qadi ‘Aam ......................................................... 177
Different Areas of Authority of the Qadi ‘Aam ....... 180
The Judge’s Decision is Final.................................... 181
The Qadi Muhtasib (or Qadi Hisba) ......................... 183
The Mandatory Powers of the Muhtasib ................ 184

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The Qadi Madhaalim ............................................... 186

The Mandatory Powers of the Judge of Madhaalim
................................................................................. 189
The Conditions Required for the Position of Judge 194
The Appointment of Judges .................................... 195
Qadi al-Qada‘a - The Judge of Judges ..................... 197
How the Judges are Removed ................................. 197
Punishments ............................................................ 198
Conclusion ............................................................... 199
4.6 Penal Code – Nizaam al Uqubaat .......................... 200
Tahqeeq Al Imaan Fil Mujtama’ – To establish Imaan
in the society. .......................................................... 203
Deterring the criminals ............................................ 203
Al Uqoobah .............................................................. 210
Increasing the Barakah ............................................ 212
Tat-heer – Purification for the society .................... 213
Establishing justice in the earth .............................. 216
4.7 Education in Islam ................................................. 219
Education in the Khilafah ........................................ 229
The Muslims' Educational Institutions .................... 232

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4.8 Media Policy in Islam ............................................ 234

4.9 Establishing the Salah ........................................... 249
4.10 Taqdeem al Khadamaat wal Ihsaan ilannaas -
Helping people and providing services ....................... 272
Al-'Awn wal khadamaat - The help services. ........... 273
4.11 Rights of the Disabled in Islam ............................ 280
Mistreatment of the Disabled in History................. 281
Care for the Disabled in Islam ................................. 282
Health Departments of the Khilafah System ........... 285
Appointment of the Disabled in Government Positions
................................................................................. 291
Duties of the State ................................................... 295
The Duty to Prevent Disability not only Cure it ....... 297
Sensitivity towards the Disabled ............................. 308
Carers in Islam ......................................................... 312
5.1 Encouraging Work and Business ........................... 316
5.2 Distribution of Wealth .......................................... 323
5.3 Managing Natural Resources in Islam .................. 334
Types of Natural Resources ..................................... 335
View of Islam on Natural Resources........................ 336

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Treasure of Angels ................................................... 340

The Treasure of Animals .......................................... 342
The Treasure of Crops and Fruits ............................ 343
The Treasures of the Sea ......................................... 345
The Treasure of Metals ........................................... 346
The Treasure of Fire ................................................ 346
The Treasure of Stones ............................................ 348
Man’s Relationship toward Natural Resources ....... 349
5.4 Managing the Environment in Islam (Al-Mi’ah).... 353
Allah Creates the Environment Pure, Man Pollutes it
................................................................................. 354
The Environment Must be Preserved and Harm
Removed.................................................................. 356
It is not Allowed to Create Things that will Destroy the
Environment ............................................................ 363
The Environment is a Public Interest and not Personal
Property ................................................................... 363
Destroying the Environment Leads to Difficulty in this
World and the Next ................................................. 365
Contemplating about the Environment is Worship and
Abusing it is Oppression .......................................... 368

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

The Environment has been Created with a Balance,

Wasting it is Ungratefulness to Allah ...................... 369
Islam Orders us to Ward off Disease and to Revive the
Land to Keep it Healthy and Alive ........................... 371
Man Made Laws Lead to the Destruction of the
Environment ............................................................ 379
Conclusion: Further Research ..................................... 383
Glossary ....................................................................... 386

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Introduction
Authority in Islam is a responsibility and a burden
placed by Allah (swt) upon whoever He wishes from His
slaves. From the moment Allah (swt) created Adam and
appointed him as a Khalifah (vicegerent) in the earth,
his descendants were made trustees in the earth. He
sent Prophets and Messengers with reminders and
divine laws to judge and govern the people by.

Over time, as in previous eras, people have become

distant from God, His laws and guidance and the world
today has fallen to secular hands and secular laws.

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Islam is unique in that it is a complete way of life,

including guidance on not only personal affairs,
character and spiritual rituals but also a complete tried
and tested political system for the management of
affairs on a state level.

With the end of the Caliphate system in 1924 CE, this

divine political framework had been confined to
textbooks, history books and the campaigns of
numerous movements and thinkers that called for its
return in the 20th Century.

At the turn of the millennium however, the world was

surprised by successive and sudden changes to the
Muslim world. The 'Arab Spring' saw uprisings across
the Muslim world, overturning established secular
dictators that long held stable office. The new Middle
East looked very different and felt very uncertain.

New regimes were built almost from scratch and many

new governments remained volatile, unstable and
uncertain. The masses had seized control of
government, but had little idea of what to do next. It
became apparent that even those with the most fervent
desire for Islam to return in their countries and the
Shariah to prevail, had little knowledge of how the
Shariah worked in the real world.

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Knowledge of the Islamic political framework abolished

nearly a century earlier was rarely taught in the schools
of the new world and few scholars and movements gave
it much thought or importance.

In light of this, scholars like Sheikh Omar Bakri

Muhammad saw the vital need for the Muslims to study
the topic of ‘divine politics’ as found in the Qur’an and
Sunnah.

So in the years leading up to his imprisonment by

sectarian military forces in Lebanon in 2014, he
delivered a series of lectures on Islamic politics that
would offer guidance to new statesmen that find
themselves in power after the fall of tyrannical
dictatorships.

This was to

(i) Counteract the ignorance of new regimes

exploited by western secular superpowers
that sought to steer the Arab Spring for their
own interests.
(ii) To prepare the Muslim world for the strange
times ahead, when political vacuums will
clearly be common and should be filled by

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the Muslims to practice the divine Islamic

politics.
(iii) To remind and educate the world about the
rich but forgotten heritage that 1300 years of
Islamic rule in Africa, Europe, Arabia, Asia
and the Caucuses.
(iv) To prepare the next generation of Muslims
for a brighter more Islamic future that
would, God willing, see the return of the
glorious system of the Caliphate.

This book is a compilation written from notes made

primarily by Abu Baraa’ but also notes from other
students of Sheikh Omar Bakri Muhammad.

Sadly complete notes from all lectures in the original

series by Sheikh Omar Bakri Muhammad were not
available at the time of writing and so it could not be
presented as intended. However where appropriate,
efforts have been made to fill in the gaps or add to the
series with topics and teachings by the Sheikh from
previous years to maintain a coherent book with a
systematic approach.

This includes notes from this series but also previous

articles and lectures by Sheikh Omar Bakri Muhammad
dating back over 15 years written or transcribed by Abu

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Baraa, Abu Luqman, Abu Rumaysah, Abu Abdul Malik

and many others.

Nevertheless, this remains an incomplete work with

much material missing due to a lack of resources at the
time of writing; both because of the imprisonment of
Sheikh Omar Bakri Muhammad by the Lebanese military
court and the strict restrictions imposed upon Abu
Baraa by the British regime preventing access to the
internet or contact with close students of Sheikh Omar
Bakri Muhammad.

For this reason, I urge readers and English speaking

students of Shariah to help improve this book or to
elaborate on and write better works on the same or
similar topics to ensure the continued spread of this
vital knowledge.

Abu Baraa’

Shawwal 1437 AH
July 2016 CE

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PART ONE
POLITICAL AWARENESS & TERMINOLOGY

“The Ummah is the Khalifah,

and the Khalifah is the Ummah,
and that is politics”
~ Qalqashandi

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1.1 Political Concepts/Awareness

The Meaning of Al-Siyasah Al-Shar’iyyah

The term politics or Al-Siyaasah can be understood,
interpreted and misused in numerous ways. It has been
the source of hopes and dreams, it has been associated
with corruption, bribery, abuses and state terrorism. In
some cultures it is a source of fear, war, torture and
worse. In some circles, it is a dirty word associated with
scandal, deception and disappointment. In other circles
it is a noble aim, role and vital part of any society.

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To fully understand how the term politics is understood

in the Shari’ah of Islam, we must first disregard any
secular or un-Islamic connotations and start at the very
etymology of the word itself.

‘Arabic Meaning of the term Siyaasah

In Arabic the word Siyaasah comes from the verb:
‘Saasa’, Which has many different meanings:

 Al- Ri’aayah : Guardianship

 Al- Tadbeer : Management
 Al- Ihtimam : Concern and Caring for
 Al- Amr wa Al- Nahi : Commanding and
Forbidding
 Al- Hikma : Wisdom
 Al- Hinka : Professionalism
 Al- Tarweedh : to tame others
 Al- Tadreeb : Training
 Hifz Al- Masalih : Preserving Interests
 Hifz Al- Sho’oun : to manage the affairs
 Al- Hukm : Ruling

The Meaning of Politics after the influence of

Western politics
In the modern world, politics has become a sort of dirty
word with additional connotations unintended by the

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traditional Islamic concept of politics. Nowadays,

hearing the word politics drums up images of cunning
and guile such as the meanings listed below:

 Al- Daha’ : Shrewdness

 Al- Munawara: Manoeuvring
 Al- Murawagha : Deception
 Fan ul- Mumkenaat : The art of possibilities
 Fan Al- Mumkenaat Haqabil Al- Mustaheel : The
Art of making the impossible seem possible
 Fan Al- Waqi : realism

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Definition of Siyaasah in the Shari’ah

In Islamic history, there have been many definitions and
explanations of the word ‘Siyaasah’ or politics. Imam
Mawardi (d. 450 AH) said politics is:

“To command good and forbid evil, and

to look after the affairs of the people
according to Islam”2

Imam Qalqashandi (d. 357 AH) said:

“The Ummah is the Khalifah, and the

Khalifah is the Ummah, and that is
politics”

Imam Al- Fairuz Abadi from the fourth Century Hijri said:

“Siyasah is to command to do and to

command not to do”

More recent scholars and thinkers have also

commented on the politics, especially after the demise
of the Islamic Ruling System with the end of the
Ottoman Caliphate in 1924CE. Many organisations and
thinkers lamented at the secularization of the Muslim

2
Ahkaam Al- Sultaaniyyah

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world and sought to revive the traditional

understanding of the term ‘politics’.

Such as Hassan Al- Banna of the Muslim Brotherhood

movement in the twentieth Century, who said, “A man
cannot complete his Imaan (faith) until he becomes a
politician”

Shaykh Taqi ud-deen An-Nabhani, the founder of Hizb

ut Tahrir also said,

“Politics is looking after the affairs of the

Ummah by the state by Islam internally
and Externally“

Scholars of Usul ul Fish referred to Siyaasah saying,

“Politics is referring the rule (in theory) to

the situation (in reality).”

A common and generally acceptable definition

according to many scholars such as Imam Jirjaani, Imam
Nawawi and Imam Al-Razi is similar to that of Imam
Mawardi:

“Siyasah is to command good and forbid

evil and to look after the affairs of the
people”

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1.2 Political Awareness

Politics is therefore, looking after the interests and
managing the affairs of a state and its citizens both
internally and externally beyond its borders. This
requires an understanding of the relationship (i)
between those in government and their subjects, and
also (ii) between the state and other states.

Al-Mawqif Al-Dowliyyah: International Status

The international politics and the status of each country
or nation defines: “The skeleton of the relationship
between the influential countries in the international
arena”.

It is possible to summarize the relationships between

states by defining three broad categories of statuses:

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1. Primary countries: Those that can dictate the

scene and policies in the international arena.
Today countries like USA & Russia could arguably
be considered Primary Countries. They often act
with impunity and apply irresistible pressure on
weaker nations, often defying rules and
conventions they are officially signed up to
without any effective accountability in the
international arena.
2. Secondary Countries: Those that can influence
other nations and apply effective pressure upon
other nations to work in line with their own
interests.
3. Tertiary countries: Those that have no effect or
influence on other nations but are usually
themselves influenced or pressured into towing
the line for more powerful nations.

Al- Siyasah Al-Dowliyyah: International Politics

International politics is all about the efforts of politicians
to: “Looking after the interests (Masaalih) of the state
outside of its borders”

Nations of all sizes and types will need to engage with

other nations whether in war or peace to ensure that its
interests, economically, politically, ideologically and

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strategically are not lost. To achieve this, states must

establish international relationships with other nations.

Al- ‘Alaqah Al-Dowliyyah: International

Relationships
International Political Relationships are rarely about
friendship and in the modern world, it is rarely about
right or wrong. International relationships are about:

“Working to establish interests abroad

and to maintain them”

This could be for example, by forcibly bullying other

nations or even invading them to take their resources
for your own nation, establish political partners in place
of less friendly governments, which might be more
pliable and willing to maintain those interests for your
own nation e.g. the USA invasion of Iraq and
Afghanistan and establishment of pro-US governments.

It could also be by political pressure and forced

agreements and trade against the interests of the
foreign nation but in favour of your own, e.g. the UN
sanctions followed by US ‘food for oil’ programme in
Iraq.

Also the issuing of interest bearing loans made to

dictators who will squander the money and then leave

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his subjects indebted to western nations for decades

beyond their means.

International relationships can also be by achieving

mutual interests through agreements that are more
agreeable to both contractors, though each nation will
always be seeking the best deal for themselves rather
than making any altruistic concessions.

Nations will also have a keen interest in spreading their

ideology and values to other nations, which will
naturally lead to fostering better more beneficial
relationships and safeguarding the interests of each
nation abroad.

In Islam, this aim of spreading the message of Islam and

its laws is of the primary aim of international
relationships. USA, Europe and other modern secular
democracies also seek to spread their secular ideologies
and values to the world, whether by war or mass media,
political pressure or through global institutions such as
the UN.

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1.3 Al- Masalih: Interests

There are four types of ‘interests’ that a nation or state
might seek to establish and preserve abroad.

Al-Masalih al-Mabda’iyyah: Ideological Interests

Every state will adopt some kind of ideology and set of
political values that it bases its government, laws and
systems upon. A nation is united upon its ideology,
heritage, culture, beliefs and values and will seek to
promote these to people outside its borders.
Establishing a common ideology between nations
enables a government to maintain peace, trade and
other common interests.

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Ideological conflicts between nations are the real cause

of and motivation of war. By establishing your own
ideology in the other lands, especially in the lands of an
enemy, a state removes the motivation of that nations
people to fight and casts doubts in the hearts of people
about other conflicting ideologies, weakening enemy
governments.

To this end, states will use every means to establish

their ideology in other lands. For example, USA or UK
may write the constitutions in other countries in order
to control the ideological thought behind the state.
Many of former colonies of the British Empire have
constitutions based on or written by the British
establishment. Western National Curriculums are also
adopted in the school systems of those foreign lands.

Media, radio stations, satellite TV channels, news

agencies, drama and entertainment shows are exported
to promote the values, culture and heritage of each
nation and to encourage foreign nations to embrace the
same ideals and morals.

Al- Masalih Al-Istratigiyyah: Strategical Interests

Every state seeks to maintain its reputation overseas,
maintain allies and influence other nations to take its

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side in disputes wherever possible, whether military or

political.

Al- Masalih Al-‘Askariyyah: Military Interests

Whether currently at war or at peace, every civilisation,
government or nation cannot survive without the
means to protect and defend itself as well the ability to
attack other nations, whether to ‘pre-empt’ an enemy
attack or to go to war for any other reason.

International relationships to establish military interests

include:

1. To establish military bases in other countries,

whether to apply pressure to the host nation, its
neighbours or to have a strategic base to launch
or supply invasions/expeditions into enemy
territories near or far.
2. To establish military training for military
personnel through collaboration and
agreements with friendly nations.
3. To establish weapons sales in other countries for
surplus and obsolete military hardware built at
home, or to purchase necessary weapons and
war machinery from abroad.

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Al- Masalih Al-Iqtisadiyyah: Economic Interests

Every state needs wealth to function and fund its
operations. Although an effective national economy is
self-sufficient, every opportunity is taken to take
advantage of sources of revenues abroad through
international relationships designed to establish and
maintain the economic interests of the nation.

This can include:

1. To establish a market for exported goods

2. To establish a supply for desirable resources,
products and foods unavailable nationally
through trade and contracts
3. Mutual trade and inviting the expansion of large
corporations between nations creates jobs and
increases the GDP of both nations.
4. Revenues through the imposition of taxes
5. Richer, more powerful countries issue loans
(sometimes disguised as ‘Aid’) accruing often
crippling interest. Quite often, the IMF will place
conditions on their loans forcing other nations to
buy or sell to certain companies, or to provide
free or ultra cheap sales of the nation’s
resources such as oil, natural gas or even staple
foods resulting in a massive divide between the

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rich and poor around the world. Third World

debt is one of the greatest causes of poverty and
scarcity around the world today.
6. In conjunction with military action, nations such
as USA often take full control of important
resources in an occupied country such as the oil
fields in Iraq and give exclusive rights to
American oil companies.

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1.4 Political Analysis

Analysing the news and current affairs with a political
eye is more than repeating whatever you hear and is
not about concocting conspiracy theories. Rather it
requires awareness, knowledge and investigation. Allah
(swt) says,

‫ْن أَ ِو ْال َخ ْوفِ أَ َذاعُوا ِب ِه ۖ َولَ ْو َر ُّدوهُ إِلَى‬ َ

ِ ‫َوإِ َذا َجا َء ُه ْم أَمْ ٌر م َِن ْاْلم‬
ۗ ‫طو َن ُه ِم ْن ُه ْم‬ َ ‫ُول َوإِلَ ٰى أُولِي ْاْلَمْ ِر ِم ْن ُه ْم لَ َعلِ َم ُه الَّذ‬
ُ ‫ِين َيسْ َت ْن ِب‬ ِ ‫الرَّ س‬
ً ‫ان إِ ََّل َقل‬
‫ِيل‬ َ ‫ْط‬ ِ َّ ‫َولَ ْو ََل َفضْ ُل‬
َ ‫َّللا َعلَ ْي ُك ْم َو َرحْ َم ُت ُه ََل َّت َبعْ ُت ُم ال َّشي‬

“When there comes to them some matter touching

(Public) safety or fear, they spread it. If they had only

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referred it to the Messenger, or to those charged with

authority among them, the proper investigators would
have understood it from them (directly). Were it not for
the Grace and Mercy of Allah upon you, you would of
followed Satan, except a few of you.”3

To study the Situation Deeply

Proper political analysis requires deep investigation into
the reality of an incident and all those that are involved.
An analyst must look beyond the surface and scrutinize
what the ideological, political, economic, strategic and
military interests of each party might be, and
accordingly the political motives behind the actions of
each player might be.

Avoid Generalising
It is easy to simplify matters beyond what the situation
deserves, and it is even easier to generalise based on
limited information, ignoring the nuances of events and
factions in any region. For example, it is not possible to
gauge the feeling of the masses by speaking to a few
elite members of government who have a vested
interest in portraying their affairs a particular way.

3
Al-Qur’an with explanation of its meaning in English (EMQ) 4:83

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Avoid Isolation
Sometimes, members of a community isolate
themselves from the outside world and the rest of
society, they do not mix with the people, speak to them
or hear what they are saying and thinking. Living in this
type of bubble can make for a very skewed view of the
world and prevent someone from really understanding
what is going on.

Statesman
A person who has a statesman mentality, feels
responsible for the community and will take the lead;
investigating current affairs, commenting on it with
genuine concern and care, commanding good,
forbidding evil and correcting society, even if he/she
was not asked to. Such a person will naturally become a
reference point in the community and in the difficult
times when a vacuum appears, the community will
naturally gravitate to such a person in search of
answers.

Quwwat Al-Dowlah: The Strength of the State

A state will have security, stability and a responsive
public that will rally behind its political leaders if it has
strength in three main matters. If it is weak or has a

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vacuum in these matters, revolution and uprising are a

real danger to its leadership.

1. Al Quwah Al- Fikriyyah: Ideological Strength

If a state has a strong robust ideology that the masses

agree with, believe in passionately and are united upon,
they will accept its leaders and will have no motivation
to change it.

On the other hand, if the masses respond to a new

ideology, belief or way of life that fundamentally
contradicts that of the state’s leadership, they will cease
to be content with the existing political order and the
zeal to overthrow it in favour of a new political system
will grow.

For this reason, nations all over the world are keen to
promote its ideology on every front and label those who
undermine it as extremists, fanatics or terrorists and
that is why Islam is seen as such a great danger to
western states.

2. Al Quwah Al- Hadriyyah: Economic Strength

Besides religion and ideology, the public in any nation

has economic needs. If they feel that the existing
political order is managing their economic affairs

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efficiently, establishing a market and managing the

effective circulation of wealth and providing welfare
where required so that the basic needs of the people
are met, then they will be reluctant to change it. In the
face of economic stability and prosperity, the harm
caused by an uprising to that stability is a terrifying
thought.

Again, conversely the opposite is also true. If there is a

failed economy, jobs are scarce, goods are scarce, food,
clothes and fuels etc are unavailable or unaffordable –
the desire for a change in leadership greatly increases.
Not only do people feel they have less to lose in the
event of political turmoil, but they will likely place the
blame squarely on those in charge and demand a
remedy by any means possible – in such a vacuum,
anyone who fills the role will be welcomed by the
public.

3. Al Quwah Al- Askariyyah: Military Strength

A strong military and security force is another key

ingredient to a strong stable government. It not only
deters foreign enemies, but also deters internal dissent.
It can keep people from effecting an uprising in more
than one way. In general, if people feel their leadership
is providing them with security internally from criminals

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and externally from foreign enemies, people will resist

change out of fear of losing that secure safe
environment for themselves and their families.

Again, if the people feel that their government is not

providing adequate security, if crime is out of control,
enemies are entering and attacking citizens without any
prevention or rescue from the leadership, then the
people will never respond to or obey that leadership
and they will consent to any new power that is able and
willing to provide the protection they desire.

Allah (swt) says,

ٰ ِ َّ ‫ِبسْ ِم‬
ِ ‫َّللا الرَّ حْ َم ِن الرَّ ح‬
‫ِيم‬

‫يلفِ قُ َريْش‬
َ ‫ِل‬
ِِ
َّ ‫يلف ِِه ْم ِرحْ لَ َة ال ِّش َتا ِء َوال‬
ِ‫صيْف‬ َ ِ‫إ‬

ِ ‫َف ْل َيعْ ُب ُدوا َربَّ ٰ َه َذا ْال َب ْي‬

‫ت‬

‫الَّذِي أَ ْط َع َم ُه ْم مِنْ جُوع َوآ َم َن ُه ْم مِنْ َخ ْوف‬

“For the covenants (of security and safeguard enjoyed)
by the Quraish, Their covenants (covering) journeys by
winter and summer,- Let them worship the Lord of this

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House, Who provides them with food against hunger,

and with security against fear (of danger).”4

Al Faragh: Vacuum
1. Al Faragh Al Siyasi Political Vacuum
2. Al Faragh Al askari Military Vacuum
3. Al Faragh Al Istratigi Strategical Vacuum
4. Al Faragh Al Fikri Ideological Vacuum

Allah (swt) said:

‫ْث أَ ْخ َرجُ و ُك ْم َو ْال ِف ْت َن ُة‬ُ ‫ْث َث ِق ْف ُتمُو ُه ْم َوأَ ْخ ِرجُ و ُه ْم مِنْ َحي‬ ُ ‫َوا ْق ُتلُو ُه ْم َحي‬
‫أَ َش ُّد مِنْ ْال َق ْت ِل َوَلَ ُت َقا ِتلُو ُه ْم عِ ْندَ ْال َمسْ ِج ِد ْال َح َر ِام َح َّتى ُي َقا ِتلُو ُك ْم فِي ِه‬
‫ين‬َ ‫َفإِنْ َقا َتلُو ُك ْم َفا ْق ُتلُو ُه ْم َك َذل َِك َج َزا ُء ْال َكا ِف ِر‬

َ َّ َّ‫َفإِنْ ان َت َه ْوا َفإِن‬

‫َّللا َغفُو ٌر َرحِي ٌم (البقرة‬
"And kill them wherever you find them, and turn them
out from where they have turned you out. And Al-Fitnah
is worse than killing. And fight not with them at Al-
Masjid-al-Haram, unless they first fight you there. But if
they attack you, then kill them. Such is the recompense
of the disbelievers. And if they cease, then indeed, Allah
is Forgiving and Merciful. Fight them until there is no
more fitnah and until worship is acknowledged to be for
Allah . But if they cease, then there is to be no

4
EMQ Surah Quraish

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aggression except against the oppressors. The sacred

month is for the sacred month, and for the prohibited
things, there is the Law of Equality (Qisas). Then
whoever transgresses the prohibition against you, you
transgress likewise against him. And fear Allah, and
know that Allah is with Al-Muttaqun.”5

5
EMQ 2: 191 - 194

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PART TWO
INTRODUCTION TO THE ISLAMIC POLITICAL / RULING SYSTEM

“The authority is for Allah, He

will grant it to whoever He
wishes.”
~ Muhammad (saw)

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2.1 Khilafah – The Islamic Ruling

System
Siyaasah Shar’iyyah

Introduction to Khilafah
The ruling system in Islam is something unique. It is
different from any other system in existence in the
world today. From the moment the first Islamic State
was established by the Messenger Muhammad (saw) in
Madinah it has been unique and distinct from every
other system known to man.

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It was completely different from the tribal systems

known in Arabia, different from the Imperial systems
known in the Persian Empire, different from the Roman
Empire, different from the monarchies of kingdoms
around Arabia and in Europe and different from the
feudal systems that had been dominating many lands
for centuries. It continues to be different from any
existing communist, socialist, capitalist, democratic or
autocratic systems today.

Whenever you establish a system based on the Shari’ah,

you will find it answers all problems and responds to all
the needs of the people and society.

It is a system of centralising all authority in the hands of

the Ummah (the Muslim nation) in appointing the
Khalifah who executes the laws of Allah (swt) for them,
over them and on behalf of them. A Khalifah does not
legislate any laws himself.

It can be said that the Khalifah, when he rules the

Ummah by whatever Allah (swt) has revealed, is himself
the Ummah. Any attack upon him, any rebellion against
him, any disobedience of his commands to obey Allah
(swt) is an uprising, rebellion and attack on the Ummah
itself. That is why the Shari’ah orders capital
punishment for the rebellion against a Khalifah.

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Establishing Khilafah was the Objective

Some of the events in the life of the Prophet (saw)
clearly indicate that establishing the Islamic state was
the objective and target of the Messenger Muhammad
(saw) over 1400 years ago.

For example, when the Prophet (saw) rejected the

offers of the Quraish. in which they said,

“If what you are seeking is wealth, we

will give you wealth and make you the
richest person amongst us. If you seek
nobility, we will make you the leader
among us. If you want to be a king, we
will put you in authority over us. If you
want women, we will offer you to marry
the most beautiful women to choose
from. If you are ill, we will bring you the
best doctors.”

The Prophet (saw) rejected all of their offers. He also

rejected the offer of Bay’ah (Allegiance and promise of
support) from Banu Aamir ibn Sa’sa’ah. He called them
to Islam and asked them for Nussrah for the Deen of
Islam. They responded,

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“We will embrace Islam and support you.

But if we pledge today for what you are
asking, and then Allah gave you authority
over all those that differ with you, will we
succeed you in authority after you?”

The Prophet (saw) refused to guarantee for them

authority after him saying,

“That authority is for Allah, he will grant

it to whoever He wishes.” and so they
retracted their offer and their Islam,
saying “Then we have no need for you.”

This indicates that the Prophet (saw) was asking

specifically for support to establish the Islamic ruling
system of Khilafah in opposition to all the existing
tribalistic and partisan systems known to the Arabs at
that time.

The Prophet (saw) never compromised any matter in

relation to the shape and form of the Islamic ruling
system. He did not allow any potential deal, benefit,
support or popularity to interfere with the principles of
the Khilafah system of ruling as that is a matter
belonging to Allah (swt) alone. The system of appointing
a ruler, choosing a successor has been decided by Allah

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(swt) and cannot be subject to compromise. The

Ummah of the Muslims will choose their own leader
and successor and even the Prophet (saw) cannot select
or guarantee it to anybody else.

These two examples highlight two different offers of

authority presented to the Prophet (saw).

(a) The first offer by the Quraish was to make the

Prophet (saw) a leader over them but on the
condition that the Messenger abandon his call
for Tawheed – exclusivity in the rights of
worship, obedience and legislation for Allah
(swt). But to take authority to govern by the
existing ruling system in Makkah that centred
around Dar al Nadwah – the house of
consultation and legislation; which was built on
tribalism; and upon accepting polytheism and
maintaining the idols of Makkah and custody of
the Kaabah.

(b) The second offer by Banu Aamir bin Sa’sa’ah –

was for complete authority for the Deen of Islam
without compromising the call for Tawheed, but
involved a condition of guarantee for the
authority to remain in the hands of a particular

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tribe – namely the tribe offering the security and

strength on which the state was to be built.

So the Messenger Muhammad (saw) resisted and

rejected all of these offers in a time that he was so weak
and so needy for support. He and his companions were
in such suffering, persecution, torture and isolation,
that any of these offers could have greatly improved the
condition of the Muslims.

He could potentially have taken the authority and then

changed the entire agreement after taking authority,
rewriting the constitution to suit what he was calling
for. But even in this atmosphere, the Prophet (saw) was
seeking Nussrah from the leaders of the tribes in order
to establish a power base for Islam that there would be
both security and protection for him (saw) and his
companions and that will allow him to carry the Da’wah
to the entire Arabian Peninsula. Yet he rejected the
offers from all of these tribes, including many others –
rather he insisted to establish the Islamic state based on
a particular way, method, condition to fulfil a particular
system decided and legislated by Allah (swt) alone.

Divine Methodology
Therefore, there is no choice for Muslims working to
establish the Khilafah but to work according to the

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divine methodology of the Prophet (saw) to take

authority. There is no way to adopt the policy of
parliamentary elections, democracy, sharing power or
forced tyranny adopted by existing regimes in the world
today. There is no way for a Muslim to adopt the policy
of compromise or even complimenting, appeasing or
consenting to the way of life of the mushrikeen.

The Prophet (saw) continued unabated in this way,

speaking publicly, commanding good, forbidding evil,
meeting, announcing and addressing the people for 10
years without taking authority. Every time the tribes,
chiefs and people offered him a deal, compromise or
proposal that was not in line with the divine system he
was seeking to establish, he rejected them. Banu
Shayban offered him authority, promising to defend him
against the Arabs but while holding only to their alliance
with the Persians and the Prophet (saw) rejected their
offer saying that Islam is not needy for them if they do
not defend it from all sides i.e. all frontiers and all
enemies.

Other tribes asked what they would get in return for

their Nussrah – pledge of support and fighting to defend
a new Islamic state, the Prophet (saw) answered that
they would receive nothing in this life but paradise in

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the hereafter. Other tribes offered bay’ah while

demanding to keep their idols, which was rejected, they
demanded a delay in destroying them, which was also
rejected. Another tribe offered Bay’ah while seeking to
be exempt from Zakat and Jihad and the Prophet (saw)
rejected and accepted nothing less than a complete
pledge.

All of these cases prove that the Prophet (saw) was not
seeking to take authority by any means with the aid of
any willing party. In fact he was not willing to make any
concession or offer any compromise to the Islamic
system of ruling that Allah (swt) had revealed to him
(saw).

Second pledge of Al Aqabah

The second pledge of Al Aqabah was the pledge of
fighting by the Ansar of Yathrib to take authority for
Islam on all the divine conditions demanded by the
Prophet (saw). At that time this type of fighting was
called Nussrah, it was also known as the Pledge of Blood
(Bay’atud-Damm). This was the divine method to take
authority, and it was elaborated and developed later in
the revelation as Jihad in the way of Allah (swt) – as the
divine method to take authority from any tyrant
Taghoot in even foreign lands expanding the borders of

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the Khilafah state. That expansion is part of the divine

method of carrying the Da’wah to the message of Islam
to the world.

This pledge was the step that made the transition from
the stage of Da’wah of weakness, helplessness and
persecution to the stage of strength, support and
security; from the stage of powerlessness to the stage
of authority, from the stage of being tortured and
suffering to the stage of victory and tamkeen.

It was a major transition in the life of the Prophet (saw)

– after verbally exposing the man made laws in the
society of the Quraish and calling society to Tawheed as
a verbal jihad – or verbal confrontation, the Prophet
(saw) took the pledge of the Nussrah by the sword (or
you could call it a form of jihad).

It is very important to understand, in light of this

pledge, the significance of sticking to the divine
methodology of the Prophet (saw) in taking authority,
and implementing the divine system of ruling.

Nowadays, there are many groups and parties that

worship a new God called ‘Maslahah’ – benefit and
interest. For the sake of trying to achieving some
benefit and ‘safeguarding some of the benefit in the

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case that we cannot achieve the complete benefit of

Islam’ and ‘warding off harm’, they are willing to
compromise and mix Islam with kufr, or sharing power
with cur regimes, non-Muslims, secular laws or other
ruling systems.

Whereas the Prophet (saw) made it absolutely clear

that he would accept nothing less than to have total
authority for Islam in the hands of Muslims, such that
everyone in the state, Muslim or non-Muslim, must
obey him (saw). That was made possible only by the
Ansar from al Aws and al Khazraj making a clear pledge
of support for that unique authority, without seeking
any compromise or anything in return besides a promise
of paradise in the hereafter.

This, despite the fact that their pledge contradicted all

of their known customs and traditions at that time. It
was unheard of that they should offer authority to an
outsider, who was a fugitive from a different tribe from
a foreign town, instead of choosing a member of their
own tribe. In fact, this particularly infuriated Abdullah
ibn Ubay ibn Salul, who was supposed to have inherited
the authority over Yathrib before it was seized by the
Ansar.

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Abu Haitham ibn Tihaan from the leaders of the Ansar

said at the time of the Bay’ah,

“O Messenger of Allah! Between us and

the people there is a hibaal
contracts/pacts/relationships and we are
going to cut them all off. If Allah gives
you authority after we cut them off, are
you going to leave us and go back to your
own people?” the Prophet (saw) smiled
and said, “No, the (my) blood is the (your)
blood, the (my) suffering is the (your)
suffering, I am one of you and you are
part of me, I will fight those you fight
against and have peace with those you
have peace with.”

In this exchange is a clear indication that they were

willing to accept the new unique system of ruling and
cut off all contracts and relationships that existed with
them before it, whether with Abdullah ibn Ubayy or
with the four Jewish tribes around yathrib or the
mushrikeen of Yathrib, and hand over authority to the
Prophet (saw) as soon as he arrives in Yathrib.

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That is why, when the Prophet (saw) and Abu Bakr

arrived at the gates of Yathrib, a hundred of the Ansar
came out with their weapons saying,

“Enter both of you with our security and

obedience”

We also see that the Prophet (saw) sought the objective

of establishing and preserving the concept and system
of ‘inil-Hukmu Illa Lillah’ – that the right of legislation
belongs to none but Allah (swt). The laws of a Khilafah
state are based on the entirety of the twenty three
years of revelation from Makkah till the death of the
Prophet (saw) in Madinah.

That unique divine ruling system has never been carried

and implemented except in the time of the Prophet
(saw) and in the time of the first four caliphs in the
thirty years after the death of the Prophet (saw). After
that there existed many changes, deviations and
mistakes that will never be an example or model for us.
We do not call for the return of an Ottoman Caliphate
with all of its weaknesses and misguidance nor for a
return of Abbasid or Umayyad Caliphate. Nor do we call
for any opportunity to take authority by any means and
under any conditions.

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The only model for government is that of the unique

system of ruling implemented by the Prophet
Muhammad and the rightly guided Caliphs (Al-Khulafaa’
al Rashideen) that ruled in the thirty years immediately
after him (saw).

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PART THREE
AIMS, PILLARS AND CONDITIONS FOR KHILAFAH AND A KHALIFAH

“Allah has promised those

among you who believe and do
righteous deeds, that he will
certainly grant them succession
(to the present rulers) in the
land, as he granted those
before them, and that he will
grant them the authority to
practise their religion which he
has chosen for them (Islam). ...”
~ Quran, 24:55

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3.1 The Divine Rules Relating to

Circumstances

The science of divine rules relating to circumstances, or

“Al-Ilm Al-Ahkaam Al-Shar’iyyah Al-Wad’iyyah” is the
study of rules that govern other rules. Allah (swt) has
legislated divine rules for actions (Ahkaam Takleefiyyah)
through the revelation of commands, prohibitions and
choices in the Qur’an and example of the Messenger
Muhammad (saw).

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However full appreciation and realisation of those

commands and prohibitions is dependent on various
circumstances and are subject to causes (Asbaab),
conditions (Shuroot), preventions (Mawaani’) and
exceptions or permits (Rukhas) that ultimately account
for every eventuality.

Al-Sabab: Cause
(pl. Asbaab) A cause is what activates a particular rule. It
is defined as

“The matter in its presence necessitates

the presence of another matter and its
absence necessitates the absence of the
other”

For example, each of the five daily prayers do not

become due until particular times in the day based on
the movement of the sun e.g. the setting of the sun
every day activates the obligatory Maghrib prayer,
which cannot be prayed until the sun has set.

Another example is the saying of the Prophet (saw)

about the moon of Ramadan,

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“Fast upon its sighting and break fast (for

Eid) upon its sighting.”

So the fasting of Ramadan does not become obligatory

until the new moon of Ramadan and Eid ul Fitr does not
begin except with the new moon of Shawwal (either by
sighting or by completing the maximum thirty days of
the previous month).

Al-Shart: Condition
(pl. Shuroot) While a pillar usually refers to matters that
are integrally part of the rule itself, a condition is a
supplementary requirement or pre-requisite to the rule.
It is defined as:

“The matter which, its presence does not

necessitate the presence of another
matter but its absence necessitates the
absence of it”

For example, the Prophet (saw) said, “There is no prayer

except with wudu’”

So, although a person may have ablution (Wudu’), that

does not mean that he/she can pray a prayer before its
time is due, but even if the time was due, they cannot
pray without first completing an ablution.

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Al-Mani’: Prevention
(pl. Mawaani’) a prevention is something that suspends
or stops the rule from being acted upon. It is defined as:

“The matter in its presence necessitates

the absence of another matter”

For example, menstrual cycles prevent women from

praying and fasting until the end of their cycle.

Al-Azeemah: Original Will

The original will of the legislator as found in His (swt)
commands and prohibitions for normal circumstances is
the default rule that applies in all cases except where
the Legislator has made an exception or reduction.

For example, Allah (swt) ordered the afternoon prayer

to be prayed on time at the start of the period and to be
prayed in full as four units.

Al-Rukhsah: Permit
(pl. Rukhas) A divine permit from the legislator in
certain circumstances, usually to reduce hardship or
account for special needs.

For example, it is permitted to shorten the afternoon

prayer to two units and to combine it with the late
afternoon prayer (Asr) in the event someone is on a

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journey or in fear of attack from an enemy army.

Another example is the provision for the ill, travellers,
pregnant and breastfeeding to forgo fasting during the
month of Ramadan until a later date when their
circumstances of hardship have been removed.

Al-Sihhah: Validity
The status of validation of an action, contract or ritual
act is dependent on various circumstances rules and
could be one of three:

 Al-Sihhah: Validity – In the event that all pillars

and conditions have been fulfilled, an action is
considered completely valid.
 Al-Butlaan: Invalidity – if one or more pillar(s) or
binding condition(s) are not fulfilled, then the
action or contract is considered invalid and
illegitimate.
 Al-Fasad: Incompletion / Corruption – In some
cases, such as with contracts, it could be that a
matter is technically valid but remains
incomplete, such that a legal remedy could be
made to fully validate it. For example, if
supplementary non-binding conditions are yet to
be fulfilled, then such conditions could be
fulfilled at a later date.

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3.2 Al-Shuroot: Conditions

Given the importance of understanding the nature of

the conditions of a Khilafah and for a Khalifah, it is
necessary to further understand the types of conditions
and the consequences of such conditions.

Placing Conditions
Conditions can first be categorized in relation to the
author of the condition, they are two types:

 Al-Shart Al-Shar’ee: A Divine Condition. These

legislated conditions that cannot be changed,

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

ignored or overturned by man-made conditions.

Such a condition is valid by definition and can
only be derived from divine sources of
revelation, namely Qur’an or the Sunnah of
Muhammad (saw). The Prophet (saw) said,

“Whatever condition is not in the book of

Allah is invalid, even if they were hundred
conditions.”6

 Al-Shart Al-Juli: A Man-made Condition. These

conditions are not divine and are those defined
by people. Such a condition may be nullified and
considered invalid such as if it were to be placed
on ritual acts of worship or if it were to
otherwise contradict or reverse Islamic rules, to
restrict what the Legislator made unrestricted or
vice versa. In this case, such a condition would
be ignored and given no regard.

On the other hand, it is possible to place man made

conditions to contracts and transactions by agreement
between the relevant parties as long as they do not
contradict any Islamic rules. The Prophet (saw) said,

6
Saheeh Muslim

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

“Muslims are bound by their conditions,

except a condition that permits what
Allah has forbidden or forbids what Allah
has permitted.”7

Al-Mashroot: The Conditional Matter

Conditions can be categorized further by the matter
which the condition is to be placed upon.

 Shart Al-Hukm: Condition of the divine rule –

Just as divine rules are only legislated by Allah
(swt), any conditions placed upon them can only
be legislated by Allah (swt). Any man-made
conditions are entirely invalid and to be ignored.

For example, the condition of prayer to have ablution is

divine, if someone was to place a further condition on
the prayer to prevent prayer without the wearing of a
watch or ring, that would be invalid and classed as a
Bid’ah (innovation) and misguidance.

 Shart Sabab Al-Hukm: Condition of the cause of

the rule – As mentioned, the Sabab (cause) is
the matter that activates the rule in the first
place. Such causes are themselves subject to

7
Saheeh Muslim

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

conditions. Again the way rules and their

conditions are only legislated by divine
revelation from Allah (swt), so too are their
causes and the conditions of those causes.

For example, the cause of Maghrib prayer is the sun

setting, its condition is the passing of the sun through
the horizon as prayer during the process of the sun
setting and passing through the ‘horns of Shaytan’ is
prohibited. Similarly, the conditions for the cause for
the night-time prayer (Ishaa) is that the redness is
completely absent in the sky following the sunset.

 Shart In’iqaad: Contractual Condition – human

transactions and contracts can be subject to
conditions also.
o These conditions could be divine and
cannot be overturned such as the divine
conditions of the Khalifah being
appointed or the divine conditions of a
marriage contract.
o There could also be additional man-made
conditions attached to a contract, which
could either be ignored if it contradicts
the Shariah rules or invalidates the
contract itself, or they could be subject to

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

agreement between the parties and

made binding (e.g. a condition on a
service that work is completed by a
particular deadline).

Types of Conditions
Conditions come in different forms and types and are
treated in different ways depending on their nature.

 Shart Afdhaliyyah: Preferable Condition – Some

conditions are a recommendation or a condition
for the perfection or completion of a matter. The
absence of such a condition does not invalidate
the matter, rule or contract entirely, but negates
its perfection. For example, the Prophet (saw)
would sometimes complete a basic ablution
while on a journey and upon his return, would
perform a complete ablution. Such a complete
ablution requires among other things to wash
three times as opposed to only once. However
an ablution with washing less than three times is
still valid.

Allah (swt) says,

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ْ‫ان ِم ْن ُك ْم َم ِريضًا أَ ْو َعلَ ٰى َس َفر َف ِع َّدةٌ مِن‬ َ ‫أَيَّامًا َمعْ ُدودَ ات ۚ َف َمنْ َك‬
َ ‫أَيَّام أ ُ َخ َر ۚ َو َعلَى الَّذ‬
‫ِين يُطِ يقُو َن ُه ف ِْد َي ٌة َط َعا ُم مِسْ كِين ۖ َف َمنْ َت َط َّو َع‬
َ ‫َخيْرً ا َفه َُو َخيْرٌ لَ ُه ۚ َوأَنْ َتصُومُوا َخيْرٌ لَ ُك ْم ۖ إِنْ ُك ْن ُت ْم َتعْ لَم‬
‫ُون‬
“(Fasting) for a fixed number of days; but
if any of you is ill, or on a journey, the
same number (Should be made up) from
days later. And as for those who can fast
With difficulties, they have (a choice
either to fast or) or feed a poor person for
every day. But whoever does good of his
own accord, it is better for him. And that
you fast, it is better for you if only you
know.”8

 Shart Mukhayyar: Optional Condition – some

conditions offer a choice of options to choose
from, often allowing any option to validate the
rule or contract. For example, Allah (swt) offers a
choice of expiation for some sins such as the
breaking of an oath,

‫ون لِ َما َقالُوا َف َتحْ ِريرُ َر َق َبة‬َ ‫ُون مِنْ ن َِسائ ِِه ْم ُث َّم َيعُو ُد‬
َ ‫ِين ُي َظا ِهر‬ َ ‫َوالَّذ‬
ٰ
‫ون َخ ِبي ٌر‬ َّ ‫ون ِب ِه ۚۚ َو‬
َ ُ‫َّللا ُ ِب َما َتعْ َمل‬ َ ‫ظ‬ ُ ‫وع‬ َ ‫مِنْ َقب ِْل أَنْ َي َت َماسَّا ۚۚ َذلِ ُك ْم ُت‬

8
EMQ 2:184

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

‫ْن مِنْ َقب ِْل أَنْ َي َت َماسَّا ۖۚ َف َمنْ لَ ْم‬ ِ ‫ْن ُم َت َت ِاب َعي‬ ِ ‫َف َمنْ لَ ْم َي ِج ْد َفصِ َيا ُم َشه َْري‬
ٰ
ِ َّ ‫ين مِسْ كِي ًنا ۚۚ َذل َِك لِ ُت ْؤ ِم ُنوا ِب‬
ۚۚ ‫اّلل َو َرسُولِ ِه‬ َ ‫َيسْ َتطِ عْ َفإِ ْط َعا ُم سِ ِّت‬
‫ين َع َذابٌ أَلِي ٌم‬ َ ‫َّللا ۗۚ َول ِْل َكاف ِِر‬ ِ َّ ‫َوت ِْل َك حُ ُدو ُد‬
“But those who divorce their wives by
Zihar, then wish to go back on their
words they uttered, the penalty in that
case is the freeing of a slave before they
touch each other. That is an admonition
to you (so that you may not return to
such an ill thing). And Allah is All-Aware
of what you do. And he who finds not
(the money for freeing a slave) must fast
two successive months before they both
touch each other. And for him who is
unable to do so, he should feed sixty of
Miskin. That is in order that you may
have perfect Faith in Allah and His
Messenger. These are the limits set by
Allah. And for disbelievers, there is a
painful torment..”9

 Shart Mulzim: Binding Condition – A binding

condition is one that leaves no option

9
EMQ 58:3-4

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

whatsoever and its absence results in the

invalidation of the rule or contract. For example,
the Prophet (saw) said,

“There is no prayer except with ablution.”

Allah (swt) says,

‫ار ٰى َح َّت ٰى َتعْ لَمُوا‬ َ ‫ِين آ َم ُنوا ََل َت ْق َربُوا الص ََّل َة َوأَ ْن ُت ْم ُس َك‬ َ ‫َيا أَ ُّي َها الَّذ‬
‫ون َو ََل جُ ُنبًا إِ ََّل َع ِاب ِري َس ِبيل َح َّت ٰى َت ْغ َتسِ لُوا ۚۚ َوإِنْ ُك ْن ُت ْم‬ َ ُ ‫َما َتقُول‬
‫ض ٰى أَ ْو َعلَ ٰى َس َفر أَ ْو َجا َء أَ َح ٌد ِم ْن ُك ْم م َِن ْال َغا ِئطِ أَ ْو ََل َمسْ ُت ُم‬ َ ْ‫َمر‬
‫ْسحُ وا ِبوُ جُو ِه ُك ْم‬ َ ‫ِيدا َط ِّيبًا َفام‬ ً ‫صع‬ َ ‫ال ِّن َسا َء َفلَ ْم َت ِج ُدوا َما ًء َف َت َي َّممُوا‬
‫ان َعفُ ًوا َغفُورً ا‬ َّ َّ‫َوأَ ْيدِي ُك ْم ۗۚ إِن‬
َ ‫َّللاَ َك‬
“O you who have believed, do not
approach prayer while you are
intoxicated until you know what you are
saying or in a state of janabah, except
those passing through a place of prayer,
until you have washed [your whole body].
And if you are ill or on a journey or one of
you comes from the place of relieving
himself or you have contacted women
and find no water, then seek clean earth
and wipe over your faces and your hands

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[with it]. Indeed, Allah is ever Pardoning

and Forgiving.”10

 Shart Muhaddad Al Miqdar: A condition with a

specified amount – Some conditions have a
specific limit or number attached that allows no
room for change. For example the number of
witnesses required for a conviction of adultery
and the number of lashes for the purgerer, Allah
(swt) says,

‫ش َهدَ ا َء َفاجْ لِ ُدو ُه ْم‬ُ ‫ت ُث َّم لَ ْم َيأْ ُتوا ِبأَرْ َب َع ِة‬ َ ْ‫ُون ْالمُح‬
ِ ‫ص َنا‬ َ ‫ِين َيرْ م‬ َ ‫َوالَّذ‬
َ ُ‫ِك ُه ُم ْال َفاسِ ق‬
‫ون‬ َ ‫ِين َج ْلدَ ًة َو ََل َت ْق َبلُوا لَ ُه ْم َش َهادَ ًة أَ َب ًدا ۚۚ َوأُو ٰلَئ‬
َ ‫َث َمان‬
“And those who accuse chaste women
and then do not produce four witnesses -
lash them with eighty lashes and do not
accept from them testimony ever after.
And those are the defiantly
disobedient.“11

 Shart Mutaraddad: Fluctuating Condition –

Some conditions have no specific amount or
limit set but will depend on the circumstances or
by agreement between parties, for example the
10
EMQ 4:43
11
EMQ 24:4

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

dowry in a wedding contract is not an amount

specified by the Shariah, but is subject to
negotiation between the parties. Allah (swt)
says,

‫ص ُد َقات ِِهنَّ نِحْ لَ ًة ۚۚ َفإِنْ طِ ب َْن لَ ُك ْم َعنْ َشيْ ء ِم ْن ُه َن ْفسًا‬

َ ‫َوآ ُتوا ال ِّن َسا َء‬
‫َف ُكلُوهُ َهنِي ًئا َم ِري ًئا‬
“And give to the women (on
marriage)their Mahr with a good heart,
but if they, of their own good pleasure,
remit any part of it to you, take it, and
enjoy it without fear of any harm.”12

Allah (swt) has not specified a specific amount for a

dowry and the Prophet (saw) encouraged his
companions to give a dowry even if it was as little as an
iron ring.

 Shart Muhmal: Ignored Condition – Where a

man made condition contradicts the Shariah of
Islam, it is to be ignored even if it was made as a
supplementary part of a contract or transaction.
For example, Allah (swt) says,

12
EMQ 4:4

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

ۚۖ َّ‫ح ُنوهُن‬ ِ ‫ات ُم َها ِج َرات َفامْ َت‬ ُ ‫ِين آ َم ُنوا إِ َذا َجا َء ُك ُم ْالم ُْؤ ِم َن‬َ ‫َيا أَ ُّي َها الَّذ‬
‫َّللاُ أَعْ لَ ُم ِبإِي َمان ِِهنَّ ۖۚ َفإِنْ َعلِ ْم ُتمُوهُنَّ م ُْؤ ِم َنات َف َل َترْ ِجعُوهُنَّ إِلَى‬ َّ
‫ون لَ ُهنَّ ۖۚ َوآ ُتو ُه ْم َما‬ َ ُّ‫ار ۖۚ ََل هُنَّ حِل لَ ُه ْم َو ََل ُه ْم َي ِحل‬ ِ ‫ْال ُك َّف‬
ۚۚ َّ‫جُورهُن‬ َ ُ ‫أَ ْن َفقُوا ۚۚ َو ََل ُج َنا َح َعلَ ْي ُك ْم أَنْ َت ْنكِحُوهُنَّ إِ َذا آ َت ْي ُتمُوهُنَّ أ‬
‫ص ِم ْال َك َواف ِِر َواسْ أَلُوا َما أَ ْن َف ْق ُت ْم َو ْل َيسْ أَلُوا َما‬ َ ‫َو ََل ُتمْ سِ ُكوا ِب ِع‬
ٰ
َّ ‫َّللا ۖۚ َيحْ ُك ُم َب ْي َن ُك ْم ۚۚ َو‬
‫َّللا ُ َعلِي ٌم َحكِي ٌم‬ ِ َّ ‫أَ ْن َفقُوا ۚۚ َذلِ ُك ْم حُ ْك ُم‬
“O you who believe! When believing
women come to you as emigrants,
examine them, Allah knows best as to
their Faith, then if you ascertain that they
are true believers, send them not back to
the disbelievers, they are not lawful
(wives) for the disbelievers nor are the
disbelievers lawful (husbands) for them.
But give the disbelievers that (amount of
money) which they have spent [as their
Mahr] to them. And there will be no sin
on you to marry them if you have paid
their Mahr to them. Likewise hold not the
disbelieving women as wives, and ask for
(the return of) that which you have spent
(as Mahr) and let them (the disbelievers,
etc.) ask back for that which they have
spent. That is the Judgement of Allah. He

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judges between you. And Allah is All-

Knowing, All-Wise.”13

This verse was revealed in relation to the women who

emigrated to Madina after the treaty of Hudaybiyah had
been ratified between Makkah and the Muslims in
Madinah with a condition that prohibited Makkans
emigrating to Madinah. While the Prophet (saw) abided
by this condition in relation to men, Allah ordered him
(saw) to ignore the condition in relation to women.

Similarly, the incident of a slave purchased by Aisha (ra)

on the condition that in the event of emancipation, the
seller would retain some right over the slave. The
Prophet (saw) rejected this condition and ordered Aisha
to ignore it saying,

“Any condition not in the book of Allah is

invalid even if it were a hundred
conditions.”14

13
EMQ 60:10
14
Saheeh Muslim

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

3.3 Aims & Conditions for Khilafah

The roles of the Khalifah
The roles that someone should fill in order to deserve
the Bay’ah (allegiance) of the Muslim nation have been
discussed and debated widely among scholars for
centuries. Imam Mawardi lists the following:

1- To preserve the Deen from any distortion the

way the salaf preserved it.
2- Establishing the rules between the people, and
removing the disputes between the disputing
people.

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

3- Protecting dar-ul Islam / Ummah from any attack

from outside, in order that they can live with full
peace and tranquillity.
4- To implement the Hudud. For the rights of Allah
(swt) and the people to be preserved.
5- To build an army to protect the Muslims and
non-Muslims from foreign invasion.
6- To fight the disbelievers that prevent Islam from
spreading.
7- Collecting the money of Zakat and Booty,
without any fear or oppression.
8- Spending the money as Allah (swt) ordered to
whoever is eligible.
9- Appointing the trustworthy people in different
positions of the state in order to run the affairs
of the people.
10- He must stay in position where he is in charge,
without letting ritual act, or business acts
preoccupying him.

He continued, “If the Imam fulfils what is mentioned

above from the rights of the people, he fulfils what Allah
(swt) said are the rights of the people, then he is eligible

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for rights to him from the people: to be obeyed and

helped.”15

15
Imam Mawardi Al Baghdadi - Ahkaam ul-Sultaniyyah P.18

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

3.4 The Five Main Objectives of

the Ruling System in Islam
These roles and duties can be summarized into five
broad objectives that the Khilafah political or ruling
system is aimed at achieving:

Hifz ud-Deen
1- Protection for the Deen and the Aqeedah

This is achieved by implementing and giving authority to

the Deen of Islam exclusively and by preventing and
punishing those who distort the divine texts or that
commit apostasy, whether by allying with the enemies

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

of Islam against the Muslims or by legislating in the

religion without permission from Allah (swt) or by any
other form of heresy.

Hifz ul-Ummah
2- Protection of the Muslims and their land

This is achieved by preparing an Islamic army, border

security (Ribaat), internal police and by preparing
weaponry for the protection of the state and to deter
other nations from attacking the state.

Ri’ayat ul-Sho’oun
3- Looking after the Affairs of the citizens of the
Islamic state (Muslims and non-Muslims)

This is achieved by appointing various departments,

trustworthy ministers and civil servants for the purposes
of offering various support, welfare and services to the
public, and in particular, to the most vulnerable
members of the society. This includes departments such
as Education, Health, Transportation, Energy etc.

Fadh ul-Munaza’at
4- (or Fasl al Takhasum) Removing the disputes
between the people and protecting the Huqooq
(rights)

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

This is achieved by establishing the judicial system

including its various courts and judges such as al Qadi al
Muhtasib (the judge of the markets/streets), Qadi al
Aam (The General Judge), Qadi al Madhalim (Judge for
unjust acts by the authorities).

Da’wah and Jihad

5- Carrying Islam to the whole world in order to be
dominant all over the world.

This is achieved by establishing a foreign policy and

interacting with neighbouring and far away nations and
their governments, either to agree treaties to allow for
peaceful debate and Da’wah, or in the event of war, to
carry out Jihad against the tyrants that prevent such a
peaceful call.

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

3.5 The Five Principles of the

Ruling System

Al-Haakimiyyah lillah
1- The Absolute Supremacy for Allah (swt)
Exclusively

In Islam, legislative authority and supremacy belongs to

Allah (swt) alone and is not shared with people at all.
Allah (swt) says:

ِ‫إِ ِن ْالحُ ْك ُم إِ ََّل ِ َّّلل‬

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

“The Sovereignty is for none but Allah”16

Allah (swt) said:

َ ‫َّللا ُ َفأُو ٰلَئ‬

َ ‫ِك ُه ُم ْال َكاف‬
‫ِرُون‬ َّ ‫َو َمنْ لَ ْم َيحْ ُك ْم ِب َما أَ ْن َز َل‬

‫ُون‬ َ ‫َّللا ُ َفأُو ٰلَئ‬

َّ ‫ِك ُه ُم‬
َ ‫الظالِم‬ َّ ‫َو َمنْ لَ ْم َيحْ ُك ْم ِب َما أَ ْن َز َل‬

َ ‫َّللا ُ َفأُو ٰلَئ‬

َ ‫ِك ُه ُم ْال َفاسِ ُق‬
‫ون‬ َّ ‫َو َمنْ لَ ْم َيحْ ُك ْم ِب َما أَ ْن َز َل‬

“Those who do not rule by what Allah has

revealed are the Kafirun” and “Those who
do not rule by what Allah has revealed
are the Zalimun” and “Those who do not
rule by what Allah has revealed are the
Fasiqun”17

Al-Siyaadah lil-Shari’
2- The sovereignty is for the Shari’ah of
Muhammad (saw) only

While Allah has revealed many books and many

different laws to each Messenger, He (swt) has revealed
to the seal of the Prophethood, Muhammad (saw), the
final message to the whole of mankind until the day of
judgement. As such the executive authority must only

16
EMQ 12: 40
17
EMQ 5: 47, 48 and 49

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implement the laws found in the Qur’an and Sunnah.

Allah (swt) said:

‫َّللا َوأَطِ يعُوا الرَّ سُو َل َوأُولِي ْاْلَمْ ِر‬ َ َّ ‫ِين آ َم ُنوا أَطِ يعُوا‬ َ ‫َيا أَ ُّي َها الَّذ‬
‫ُول إِنْ ُك ْن ُت ْم‬ ِ َّ ‫ازعْ ُت ْم فِي َشيْ ء َفرُ ُّدوهُ إِلَى‬
ِ ‫َّللا َوالرَّ س‬ َ ‫ِم ْن ُك ْم ۖۚ َفإِنْ َت َن‬
‫يل‬ ً ‫اّلل َو ْال َي ْوم ْاْلخ ِِر ۚۚ ٰ َذل َِك َخ ْي ٌر َوأَحْ َسنُ َتأْ ِو‬
ِ َّ ‫ون ِب‬ َ ‫ُت ْؤ ِم ُن‬
ِ
“O you who believe! Obey Allah and obey
the Messenger (saw) and those in
authority FROM AMONG you (the
Muslims). If you differ in anything
amongst yourselves, refer it to Allah and
his Messenger (saw), if you believe in
Allah and the last day. That is better and
more suitable for final determination”18

Al-Sultan lil-Ummah
3- The Authority is for Muslims only

The security and authority of the state must only belong

in the hands of the Muslims. Allah (swt) said:

ِ ‫ِين آ َم ُنوا ِم ْن ُك ْم َو َع ِملُوا الصَّال َِحا‬

‫ت لَ َيسْ َت ْخلِ َف َّن ُه ْم فِي‬ َّ َ‫َو َعد‬
َ ‫َّللا ُ الَّذ‬
‫ِين مِنْ َق ْبل ِِه ْم َولَ ُي َم ِّك َننَّ لَ ُه ْم دِي َن ُه ُم الَّذِي‬
َ ‫ف الَّذ‬
َ َ‫ض َك َما اسْ َت ْخل‬ ِ ْ‫ْاْلَر‬

18
EMQ 4: 59

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‫ض ٰى لَ ُه ْم َولَ ُي َب ِّدلَ َّن ُه ْم مِنْ َبعْ ِد َخ ْوف ِِه ْم أَمْ ًنا ۚۚ َيعْ ُب ُدو َننِي ََل‬
َ ‫ارْ َت‬
ٰ
َ ُ‫ك ُه ُم ْال َفاسِ ق‬
‫ون‬ َ ‫ون ِبي َش ْي ًئا ۚۚ َو َمنْ َك َف َر َبعْ دَ َذل َِك َفأُو ٰلَ ِئ‬ َ ‫ُي ْش ِر ُك‬
“Allah has promised those among you
who believe and do righteous deeds, that
he will certainly grant them succession
(to the present rulers) in the land, as he
granted those before them, and that he
will grant them the authority to practise
their religion which he has chosen for
them (Islam). And he will surely give them
in exchange a safe security after their
fear, provided they worship me and do
not associate anything with me. But
whoever disbelieves after this, they are
the Fasiqun.”19

Allah (swt) said:

َ ‫اس َو َي ُك‬
‫ون‬ ُ ‫َو َك ٰ َذل َِك َج َع ْل َنا ُك ْم أُم ًَّة َو َس ًطا ِل َت ُكو ُنوا‬
ِ ‫ش َهدَ ا َء َعلَى ال َّن‬
ۚۗ ‫الرَّ سُو ُل َعلَ ْي ُك ْم َش ِه ًيدا‬
“Thus we have made you a just (and best)
nation, so that you are witness over

19
EMQ 24: 55

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mankind and the Messenger (saw) be a

witness over you.”20

Wihdatul – Khaleefatu wal Khilafah

4- The Unity of the State under ONE leader i.e.
The Caliph

The state is one single government, albeit a

decentralized one. There can only be one Khalifah (head
of state) in the world and only one Islamic state under
his authority. The Messenger of Allah (saw) said:

“If the bay’ah is given to two caliphs, kill

the latter one….”21

Abdullah ibn Umar (ra) narrated that the Prophet (saw)

said:

“Whoever dies without giving bay’ah to

the Khalifah, dies the death of
jahiliyyah…”22

So we must have a Caliph fulfilling the conditions and

fulfilling the duties, and that Caliph is alone in his
authority and there cannot be a second Caliph, giving

20
EMQ 2:143
21
Saheeh Muslim
22
Musnad Imam Ahmad

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rise to a disunited nation with two leaders vying for

authority. Allah (swt) says,

“Verily, this nation of yours is a single

nation.”

Haq ul-Ta’ah wal-Tabannie

5- The Right of Obedience and adoption

The Khalifah has the right to be obeyed and to adopt a

binding decision in areas of permissibility and dispute.
The Prophet Muhammad (saw) said,

“Each one of you is a shepherd, and has

his own sheep, the Imam has authority
over the people, and …”23

And he (saw) said:

“The order of the Imam is binding”24

23
Saheeh Hadith in Tirmizi and Saheeh Muslim
24
Saheeh Bukhari, Saheeh Muslim

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3.6 The Conditions of the Khalifah

Muslim
A Khalifah can only be appointed from among the
Muslims. Allah (swt) said:

ً ‫ِين َس ِب‬
‫يل‬ َ ‫ين َعلَى ْالم ُْؤ ِمن‬ َّ ‫َولَنْ َيجْ َع َل‬
َ ‫َّللا ُ ل ِْل َكاف ِِر‬
“Allah will never grant the disbelievers
authority over the believers”25

25
EMQ 4: 141

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Allah (swt) said:

َ َّ َّ‫ِين ۗۚ إِن‬
َ ‫َّللا َك‬
‫ان‬ َ ‫ين َو ْال ُم َنا ِفق‬ َ َّ ‫َيا أَ ُّي َها ال َّنبِيُّ ا َّت ِق‬
َ ‫َّللا َو ََل ُتطِ ِع ْال َكاف ِِر‬
‫َعلِيمًا َحكِيمًا‬
“O Prophet! Fear Allah and do not obey
the Unbelievers and the Hypocrites: verily
Allah is full of knowledge and wisdom”26

Allah (swt) said:

‫َّللا َوأَطِ يعُوا الرَّ سُو َل َوأُولِي ْاْلَمْ ِر‬ َ َّ ‫ِين آ َم ُنوا أَطِ يعُوا‬ َ ‫َيا أَ ُّي َها الَّذ‬
‫ُول إِنْ ُك ْن ُت ْم‬ ِ َّ ‫ازعْ ُت ْم فِي َشيْ ء َفرُ ُّدوهُ إِلَى‬
ِ ‫َّللا َوالرَّ س‬ َ ‫ِم ْن ُك ْم ۖۚ َفإِنْ َت َن‬
ٰ
ً ‫اّلل َو ْال َي ْوم ْاْلخ ِِر ۚۚ َذل َِك َخ ْي ٌر َوأَحْ َسنُ َتأْ ِو‬
‫يل‬ ِ ِ َّ ‫ون ِب‬ َ ‫ُت ْؤ ِم ُن‬
“O you who believe! Obey Allah and obey the
Messenger (saw) and those in authority from among
you (the Muslims). If you differ in anything amongst
yourselves, refer it to Allah and his Messenger, if you
believe in Allah and the last day. That is better and more
suitable for final determination.”27

Mature
Divine rules are only applicable to those who are legally
responsible (Mukallaf), as such it is impossible to give

26
EMQ 33: 1
27
EMQ 4: 59

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any appointment to fulfil religious duties to one who is

not yet legally responsible due to young age. This for
greater reason applies to the highest authority for
Muslims, namely Khilafah. Ali ibn Abi Talib narrated that
the Prophet (saw) said:

“Three people are not accountable: the

insane until he is sane, the immature until
he is mature and the one who is sleeping
until he wakes up.”28

Sane
For the same reasons it is not possible to appoint one
who is not held accountable for their actions due to
insanity. Ali ibn Abi Talib narrated that the Prophet
(saw) said:

“Three people are not accountable: the

insane until he is sane, the immature until
he is mature and the one who is sleeping
until he wakes up.”29

Trustworthy
It is further noted that a Khalifah must be appointed
from those who are of good character and not

28
Saheeh Bukhari and Saheeh Muslim
29
Saheeh Bukhari and Saheeh Muslim

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previously known to be an open sinner for which a

prescribed punishment has been implemented. Allah
(swt) said:

‫َوأَ ْش ِه ُدوا َذ َويْ َع ْدل ِم ْن ُك ْم‬

“And take for witness two persons from
among you, endued with trustworthiness
(‘Adl)”30

The Prophet (saw) said:

“The best one to be appointed over you is

the trustworthy”

Imam Shafi’i considered the ‘trustworthy’ person to be

the one who does the obligatory deeds and abstains
from the prohibited things.

For Imam Abu Hanifah however, the ‘trustworthy’ is the

one who does both the compulsory and recommended
deeds and acts of worship and abstains from both the
prohibited and disliked acts. The Prophet (saw) said:

“Seven people will be covered by the

mercy of Allah on the day of judgement;

30
EMQ 65: 2

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one of them is the trustworthy (just)

ruler”

Male
The Khilafah is a divine term and subject to specific rules
restricted to what is found in the divine texts. As such, it
has been decided by Allah (swt) that while women can
fill many roles in society, government, judiciary and
consultation for the state, the role of the Khalifah itself
is solely to be a male appointment. Abu Bakrah narrated
that the Prophet (saw) said:

“Those who accept women in authority

over them will never be safe from
punishment in the hereafter”31

Free
It is a condition of the Khalifah that the leader must be a
free man, not a slave. The leader cannot be under the
authority of any other person and such a slave is not
suitable for the role. The Prophet (saw) said:

“Make your leader from those who are

free among you.”32

31
Musnad Imam Ahmad, Tirmizi & An Nasaa’i
32
Musnad Imam Ahmad, At-Tabarani

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Capable
Imam Mawardi, Imam Nawawi, Imam Khuldun all said it
is binding that the Khalifah must be capable with sound
senses.

Scholars differed however, regarding the one who has

some disability, they tended toward the position that if
you lose faculties such as if you are both deaf and blind,
then you cannot be Caliph.

This is because such a person does not have sufficient

capabilities to fill the roles of a Khalifah and so cannot
be held responsible or accountable for them. Allah (swt)
says,

‫ْس َعلَى ْاْلَعْ َم ٰى َح َر ٌج َو ََل َعلَى ْاْلَعْ َر ِج َح َر ٌج َو ََل َعلَى‬ َ ‫لَي‬

‫َّللاَ َو َر ُسولَ ُه ي ُْدخ ِْل ُه َج َّنات َتجْ ِري‬ َّ ‫يض َح َر ٌج ۗۚ َو َمنْ يُطِ ع‬ ِ ‫ْال َم ِر‬
ِ
‫مِنْ َتحْ ِت َها ْاْلَ ْن َها ُر ۖۚ َو َمنْ َي َت َو َّل ي َُع ِّذ ْب ُه َع َذابًا أَلِيمًا‬
“No blame is there on the blind, nor is
there blame on the lame, nor on one ill:
But he that obeys Allah and his
Messenger,- (Allah) will admit him to
Gardens beneath which rivers flow; and

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he who turns back, (Allah) will punish him

with a grievous Penalty.”33

Quraishi
It is agreed that a condition for the Khalifah is that he
belongs to the tribe of Quraish. However there is
dispute about whether this condition is a binding
condition (mulzim) or a recommended one
(Afdhaliyyah). The Prophet (saw) said:

“The leaders are from Quraish”34

Abdullah ibn Umar said:

“Let the Quraish be the leaders and do

not lead the Quraish”35

The Prophet (saw) said:

“There will be twelve Caliphs that

everyone admits they are Caliphs and
they will be from Quraish.”

Imam Mawardi, said that

33
EMQ 48:17
34
Musnad Imam Ahmad
35
Musnad Imam Ahmad

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“The ijma’ is that the imam must be from

Quraish.”

The reason for this condition, is not a matter of a special

family, tribe, name or background. Rather Quraish was
the alliance of Arabs in the region, not just the tribe or
the man at the root of the tribe. Quraish was also the
Dialect that was understood by all the Arab tribes and
the Qur'an was also recited in this dialect. They were
also the custodians of the Ka’bah, responsible for
maintaining it and feeding and welcoming the people of
Hajj. It is for this reason, that the people respected the
Quraish and looked to them to solve their disputes and
unify them.

However, it is a stronger opinion that this is not a

binding condition (Mulzim) but rather it is a
recommended deciding factor between two good
candidates of equal merits (Afdhaliyyah). Among the
proofs for this is the saying of Umar ibn Khattab who
named one of the Ansar as a candidate that he would
nominate if he were to appoint a successor to his rule.
This was said in front of the greater companions who
consent to and didn’t object to his suggestion. Also, it is
narrated by Anas that the Messenger (saw) said,

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“Listen and obey, even if it was in

authority over you an Abyssinian servant
whose head is like a raisin as long as he
established the book of Allah.”36

On the other hand, other scholars have maintained the

opinion that this is a binding condition and not only
recommended.

Mujtahid
It is agreed upon that to be a scholar is a recommended
condition (Shart Afdhaliyyah) for the Khalifah. This is
because his role is by nature needy for someone
capable of deriving rules from the divine texts. It has
been said,

“The scholars agree that the Imam

cannot be anyone but the one who has
the ability of ijtihad”

The Prophet (saw) said:

“The one who leads among you is the one

who is the most knowledgeable”

36
Saheeh Bukhari

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There is however no evidence to suggest that a Khalifah

who is not a scholar is invalid. Rather there is proof that
there will be, in the later years, leaders that are
ignorant and misguided at which time the Prophet (saw)
still recommended that the Muslims unite behind the
community and avoid disunity or discord. Hudhaifah ibn
al Yaman narrated that the Prophet (saw) said,

“There will be after me rulers who will

not follow my guidance nor my traditions
and there will be among them a man
with the heart of the shayateen in a
human body,” Hudhaifah said, “What
should I do if I am in that time ya
Rasulullah?” The Prophet (saw) said,
“listen and obey even if your back has
been lashed and your money has been
taken.”37

Brave
Imam Qalqashandi, Imam Nawawi and Imam Mawardi
all said that the Khalifah must be brave. This is a
recommended condition (Shart Afdhaliyyah).

37
Saheeh Bukhari and Saheeh Muslim

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In fact, the Hanafi school made it waajib to be from

Quraish by the process of Istihsaan (Juristic Preference).
There is no proof in the divine texts however to suggest
that the absence of this condition would invalidate the
appointment of a Khalifah.

Experienced
This has been argued by some scholars, purely as a
rational argument for the preservation of the Muslims
and the benefit having some experience achieves.
However there no Evidence to support this claim and
attaching this matter as a condition to the appointment
of a Khalifah is incorrect. Although there is no harm in
choosing an experienced leader for this important role,
it is a permissible choice (Mubaah) that has no divine
command or request from the legislator.

Infallible
This condition has been argued by the Shi’ah sect
exclusively. They argue that the Imam must be infallible
and free from sin as Allah (swt) has ordered obedience
to him and made his command binding. They argue that
only the family and descendants of the Prophet (saw)
through his daughter Fatimah and Ali ibn Abi Talib are
suitable for the role of the Caliphate.

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However there is no evidence of infallibility except for

the Prophets and Messengers (as). The children and
descendants of the Prophet Muhammad (saw) are not
Prophets but are subject to mistakes and error like any
other human being. Although the immediate family of
the Prophet (saw), including his wives, are highly
praised and beloved to the Muslims, it is incorrect to
ascribe divinity or infallibility to them.

It is further incorrect to restrict the caliphate to the

descendants of the Prophet (saw) for several reasons:

 There is no proof that the Khilafah was reserved

for the family of the Prophet in any verse or
hadith of the Prophet (saw).
 It is narrated by Anas that the Messenger (saw)
said, “Listen and obey, even if it was in authority
over you an Abyssinian servant whose head is
like a raisin as long as he established the book of
Allah.”38
 There is a consensus of the companions of the
Prophet (saw) about the appointment of Abu
Bakr Al-Siddeeq as the first Caliph. This
consensus includes the family of the Prophet
(saw) who all gave Bay’ah to Abu Bakr including
38
Saheeh Bukhari

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Ali ibn Abi Talib (the favourite for the caliphate

of the Shi’ah).
 There is also a consensus about the appointment
of the second and third Caliphs, Umar ibn
Khattab and Uthman ibn Affan.
 The grandson of the Prophet (saw) and son of Ali
ibn Abi Talib voluntarily vacated his seat as
Caliph and offered it to Mu’awiyah ibn Sufyan to
be Khalifah in his stead to preserve the Muslims
from discord.
 If the family of the Prophet (saw) were indeed
infallible as the Shi’ah sect claims, their approval
for other Caliphs from outside the family of the
Prophet (saw) is enough proof against their
claim for this condition.

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PART FOUR
PILLARS OF DIVINE POLITICS

"Lo! We reveal unto you the

scripture with the truth, so that
you may judge between
mankind by that which Allah
has shown you."
~ Qur’an, 4:105

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4.1 Al Leen – Treating the Ummah

gently

Allah (swt) says,

ِ ‫ِيظ ْال َق ْل‬

‫ب‬ َ ‫ت َف ًظا َغل‬ َ ‫ت لَ ُه ْم ۖۚ َولَ ْو ُك ْن‬ ِ َّ ‫َف ِب َما َرحْ َمة م َِن‬
َ ‫َّللا لِ ْن‬
‫اورْ ُه ْم فِي‬ ِ ‫ََل ْن َفضُّوا مِنْ َح ْول َِك ۖۚ َفاعْ فُ َع ْن ُه ْم َواسْ َت ْغفِرْ لَ ُه ْم َو َش‬
َّ َّ‫َّللا ۚۚ إِن‬
َ ‫َّللاَ ُيحِبُّ ْال ُم َت َو ِّكل‬
‫ِين‬ ِ َّ ‫مْت َف َت َو َّك ْل َعلَى‬ َ ‫ْاْلَمْ ِر ۖۚ َفإِ َذا َع َز‬

"By the mercy of Allah, you dealt with

them gently. And if you had dealt with
them harshly, they would have broken

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away from you and would not stand to

listen to you, so seek forgiveness for
them, consult them and when you reach
a decision have tawakkul on Allah, verily
Allah loves those who have tawakkul."39

This verse is advice and a guideline. The du'aat (Callers

to Islam) in particular are needy for this advice,
especially as they going to be continuously under
pressure and face many rumours, backbiting and
accusations. In the face of this attack on their
reputations, they need to be role models to all others.

They have taken the role of the Prophet (saw) in his

da'wah (call to Islam). So they themselves must take the
Prophet (saw) as their only example and role model to
follow and emulate in deed and attributes.

A New Generation
They need to remember that today, they are dealing
with a new generation of Muslims in the Ummah that
has grown up with man-made laws and non-Islamic
culture surrounding them in a strange environment.
They have never lived under Islam or Shari'ah laws; they

39
EMQ 3:159

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have never known about the Islamic way of life and

what it might look like at all.

They are a generation that has suffered a lot under kufr

apostate regimes; they have been under direct attack
for their religion, they have been ruled, governed and
judged by kufr laws without their consent. They have
been surrounded by tyrant regimes that torture them,
imprison them, strip them of all rights so that they have
no access or opportunity to reach the truth, no
opportunity to even work and earn a living without fear.
Those apostate regimes fight against any sign of the
Da'wah to Islam or Shari’ah.

The Muslim Ummah nowadays are under siege and are

always in suffering, in constant fear. They have been
betrayed time and time again by politicians of every
type and have grown mistrusting of all politicians,
including those that have claimed to be Islamic.

They have seen leaders, politicians, journalists and

clerics turn their backs on them, on Palestine and other
occupied lands and have become disillusioned and
cynical of any new leadership, government or regime.
They do not know what to expect or believe about any
new political movement or system.

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With this in mind, the du'aat (callers) must be kind and

gentle with them. They must try to ease their suffering,
try to make them aware, try to wake them up to
responsibility for their Deen.

If they start to put pressure on this Ummah, to put them

in a situation that is too hard for them, adding to all
their built up pressure, then we are just putting
obstacles for the struggle and da'wah, which will lead to
the destruction of the Ummah.

It is easy, and perhaps too easy, for someone to

conclude that this Ummah are accepting of the kufr
regimes, treating them as one with them, with the same
hukm (ruling) of apostasy.

We have no right to force them to accept our beliefs. In

this case we would only be putting additional pressure
and suffering on them after their long suffering under
the taghoot.

There is a world of difference between dealing with the

apostate regimes, and dealing with the Muslim Ummah
as apostates. We need to remember that in our recent
history, the shari'ah was not destroyed by vast masses
of Muslims but only by a few corrupted people who
took advantage of the Ummah’s weakness. Those

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

people have passed away now. This new generation of

the Ummah was born in to a strange new world without
any Shari'ah.

We therefore, need to be gentle with them. We need to

help them, advise them, teach them. We need to build
bridges between the du'aat and the masses. We need to
break through the obstacles that the kuffar have laid
down between the du'aat and the masses.

We are needy for that advice, especially as the kuffar

(disbelievers) have laid down traps for us to isolate each
other, and to spread rumours and soil the image of
scholars and du'aat.

Treat Them, Don’t Punish Them

We need to approach the Ummah as a doctor offering
treatment for their problems, not as a police or judge to
punish or pass sentences over them. If we become
harsh with them, they could run away from us and
become a soft target for others. They could even
become firmer supporters of the Taghoot because of
the harsh style of da'wah pushing them into the arms of
these regimes. We should seek forgiveness for them
and consult them in the affairs.

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

The masses of the Ummah are immersed in and have

become accustomed to unIslamic culture and integrate
with it. They are also engaged in widespread bid'ah,
while thinking that they are doing good deeds. They
sincerely worship Allah (swt) following their emotions
and innovated traditions. If only the du'aat had the
sincerity of these innovators and if only the sincere
innovators had the required strictness in following the
Sunnah of the Prophet (saw), then we would solve a lot
of our problems.

The masses of today engaging in bid'ah have one of the

two conditions for good deeds. They have the sincerity
but instead of ittibaa' (Following), they make ibtidaa'
(Innovation). Maybe tomorrow they will become firm
followers of the Sunnah.

Verify & Empathise

Allah (swt) says

ِ َّ ‫يل‬
‫َّللا َف َت َب َّي ُنوا َو ََل َتقُولُوا‬ ِ ‫ض َر ْب ُت ْم فِي َس ِب‬ َ ‫ِين آ َم ُنوا إِ َذا‬ َ ‫َيا أَ ُّي َها الَّذ‬
‫ض ْال َح َيا ِة ال ُّد ْن َيا‬ َ ‫ون َع َر‬ َ ‫ت م ُْؤ ِم ًنا َت ْب َت ُغ‬ َ ْ‫لِ َمنْ أَ ْل َق ٰى إِلَ ْي ُك ُم الس ََّل َم لَس‬
َّ َّ‫ِيرةٌ ۚۚ َك ٰ َذل َِك ُك ْن ُت ْم مِنْ َق ْب ُل َف َمن‬
‫َّللا ُ َعلَ ْي ُك ْم‬ ِ َّ َ‫َف ِع ْند‬
َ ‫َّللا َم َغا ِن ُم َكث‬
َ ُ‫ان ِب َما َتعْ َمل‬
‫ون َخ ِبيرً ا‬ َ ‫َّللا َك‬َ َّ َّ‫َف َت َب َّي ُنوا ۚۚ إِن‬
"O you who believe, if you travel in the
earth in jihad, verify and do not say to

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those who say to you salaam, 'you are

not mu'min' seeking the booty, you were
also like them before and then Allah
guided you ..."40

Allah (swt) warned us to verify and check who we are

fighting against. Who is our enemy? What are we
fighting for? Allah (swt) warned us not to fight, or call
disbelievers for the sake of taking booty, those who say
salaam to you. Allah (swt) also reminded us that we
were once like them before and then Allah (swt) guided
us to the truth. We need to treat the Ummah with the
love of their Muslim brother, not with the hatred or
grudges of their enemies.

And remember, Allah (swt) is the one who guides the

people, not you. Allah (swt) says,

َ ‫ض َجمِيعًا َما أَلَّ ْف‬

‫ت َبي َْن‬ ِ ْ‫ت َما فِي ْاْلَر‬ َ ‫وب ِه ْم ۚۚ لَ ْو أَ ْن َف ْق‬ َ َّ‫َوأَل‬
ِ ُ‫ف َبي َْن قُل‬
ٌ ‫ف َب ْي َن ُه ْم ۚۚ إِ َّن ُه َع ِز‬
‫يز َحكِي ٌم‬ َّ َّ‫وب ِه ْم َو ٰلَكِن‬
َ َّ‫َّللاَ أَل‬ ِ ُ‫قُل‬
"And He has united their hearts. If you
had spent all that is in the earth, you
could not have united their hearts, but

40
EMQ 4:94

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Allah has united them. Certainly He is All-

Mighty, All-Wise”41

So you make your effort sincerely, kindly, gently and

offering your hand to the Ummah like she is a lost child
looking for the way home.

You cannot simply shout or make demands or warn

them and then leave them. The Ummah has problems
and troubles among them and they need your help.
Allah (swt) is the one who will guide them if he wishes,
the way He guided you to the truth.

When the Sahabah fought against Banu Nadeer and

raided in the night, many women and children were
killed by the catapults by mistake. The Prophet (saw)
told the companions:

'They are from among them', but when a

companion said 'They are only children of
the mushrikeen' the Prophet (saw) was
angry and replied "and which of you were
not children of mushrikeen?"

You cannot just say to people 'you are brelwi', 'you are
sufi' and then desert them or isolate yourself from

41
EMQ 8:63

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

them. They are an Ummah that have found themselves

growing up with oppression and man-made law around
them and trying their best to deal with their lives in a
difficult situation.

They are our Ummah. We are struggling alongside

them, together in the same troubles. Whether they are
tahreeri, or those who believe the manhaj is jihad or
tarbiyah or tasfiyyah or even those who attack the
du'aat and da'wah, or if they think they can use
elements of democracy to establish the Deen. We need
to be honest and sincere and remember who we are.
We also used to be like them or the children of people
like them.

Educate, Don’t Accuse

Many of the Ummah do not even know anything about
the groups and movements or sects and deviations at
all. When you condemn him or shout at him and criticize
him for being ‘deviant’, he doesn't know what you
mean. Even many of those activists following those
groups and movements, quite often do not know what
crimes their organisations are engaged in. They quite
often assume the best of these groups due to their
Islamic appearance but know little of their true

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

intentions, activities or alliances. You cannot assume

they are part of them or partners in crime with them.

That is true, even if you suspect them of knowing more

than they let on. Even the munafiqeen in Madinah such
as Abdullah ibn Ubay were treated as Muslims on their
apparent deeds until their death. So much so that the
Prophet (saw), who knew ibn Ubay was a hypocrite, was
ready to pray janazah (funeral prayer) and seek
forgiveness for him until Allah (swt) forbade him from
that.

Differentiating between the people

We need to treat the Ummah like doctors, diagnosing
each person individually. You cannot prescribe the same
medicine to every patient - this type of generalisation is
incorrect.

The Deen of Islam needs to have this mentality of

treating the people as individual patients with individual
needs and problems, but without ever compromising
the Deen.

We need to differentiate between (i) leaders of

misguidance and disbelief, (ii) misguided preachers and
(iii) the masses. Especially in the time when we are
dealing with Kuffar Assliyeen (original non-Muslims) and

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

the Tawagheet apostate regimes. We cannot deal with

Muslim masses the way we deal with the taghoot
regimes.

Benefit of the Doubt

The Prophet (saw) used to take the azeemah (original
rule) for himself and give the people permits (rukhsah)
to reduce their hardship. Similarly, we should not treat
the people the way we think of ourselves.

We could imagine ourselves facing difficult situations

that leave us in such hardship or duress e.g. under a
brutal tyrant that forces us to commit what would
normally be considered kufr… we need to also
appreciate that other people who fall into that kufr
could also have suffered themselves in the same way.
They could also have a permit and hate what they are
forced to do in these trying times.

We cannot rush to make takfeer on them all, simply

assuming the worst about them. Many people feel
forced to go to court, many people vote without any
knowledge of parliaments and legislation, thinking that
they are only applying for some food, electricity and
amenities to ease their suffering and poverty.

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

َ ‫َّللا ُ ۚۚ ه َُو الَّذِي أَي‬

‫َّدَك ِب َنصْ ِر ِه‬ َّ ‫ك‬ َ ‫َوإِنْ ي ُِري ُدوا أَنْ َي ْخدَ ع‬
َ ‫ُوك َفإِنَّ َحسْ َب‬
َ ‫َو ِب ْالم ُْؤ ِمن‬
‫ِين‬

َ ‫ض َجمِيعًا َما أَلَّ ْف‬

‫ت َبي َْن‬ ِ ْ‫ت َما فِي ْاْلَر‬ َ ‫وب ِه ْم ۚۚ لَ ْو أَ ْن َف ْق‬ َ َّ‫َوأَل‬
ِ ُ‫ف َبي َْن قُل‬
ٌ ‫ف َب ْي َن ُه ْم ۚۚ إِ َّن ُه َع ِز‬
‫يز َحكِي ٌم‬ َّ َّ‫وب ِه ْم َو ٰلَكِن‬
َ َّ‫َّللاَ أَل‬ ِ ُ‫قُل‬
"and if they intended to deceive you, then
verily, Allah is All-Sufficient for you. He it
is who has supported you with his help
and with the believers. And He has united
their hearts. If you had spent all that is in
the earth, you could not have united their
hearts, but Allah has united them.
Certainly He is All-Mighty, All-Wise."42

We are needy for the masses to be with us. We are

needy for the masses to carry this Deen; to be patient
and firm. We do not want to get preoccupied in useless
debates that waste our time on insignificant differences
when we have more important things to talk about and
deal with. Allah (swt) says,

َ ‫ون ۖۚ َو َس ُت َر ُّد‬
‫ون‬ َ ‫َّللا ُ َع َملَ ُك ْم َو َرسُولُ ُه َو ْالم ُْؤ ِم ُن‬ َّ ‫َوقُ ِل اعْ َملُوا َف َس َي َرى‬
ِ ‫إِلَ ٰى َعال ِِم ْال َغ ْي‬
َ ُ ‫ب َوال َّش َهادَ ِة َف ُي َن ِّب ُئ ُك ْم ِب َما ُك ْن ُت ْم َتعْ َمل‬
‫ون‬

42
EMQ 8:62-63

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

"And say: "Do deeds! Allah will see your

deeds, and so will His Messenger and the
believers. And you will be brought back to
the All-Knower of the unseen and the
seen. Then He will inform you of what you
used to do.""43

43
EMQ 9:105

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

4.2 Brotherhood Based on Imaan

One of the pillars of Islamic politics, is maintaining the

Islamic brotherhood. It is a duty upon Muslims to
maintain their brotherhood based on Imaan – believing
in Allah and his religion. It is to love for the sake of
Allah. The Prophet (saw) said,

“Whoever loves for the sake of Allah and

hates for the sake of Allah and gives for
the sake of Allah and withholds for the

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

sake of Allah, has completed the

Imaan.”44

And the Prophet (saw) said,

“The strongest knot of Imaan is to have

muwalaat (Alliance, support and stand
by) for the sake of Allah and muadaat
(enmity) for the sake of Allah.”45

So the most honourable person in the eyes of Allah

(swt) is the one with Taqwa – that is the Mizaan (the
scale) of measuring the people and (Tafdheel) favouring
people over others. That measurement is not based on
race, tribe, lineage, nationality or citizenship. Allah (swt)
says,

‫شعُوبًا َو َق َبا ِئ َل‬ُ ‫َيا أَ ُّي َها ال َّناسُ إِ َّنا َخلَ ْق َنا ُك ْم مِنْ َذ َكر َوأ ُ ْن َث ٰى َو َج َع ْل َنا ُك ْم‬
َّ َّ‫َّللا أَ ْت َقا ُك ْم ۚۚ إِن‬
ٌ‫َّللاَ َعلِي ٌم َخ ِبير‬ ِ َّ َ‫ارفُوا ۚۚ إِنَّ أَ ْك َر َم ُك ْم عِ ْند‬َ ‫لِ َت َع‬
“O mankind! we have created you from a
man and a woman and made you into
nations and tribes that you may know
one another. Verily, the most honourable
among you in the eyes of Allah is that

44
Sunan Abu Dawood
45
Tabarani

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

who has Taqwa. Verily, Allah is All-

Knowing, All-Aware.”46

The Prophet (saw) said on the day of the conquest of

Makkah, “O people! Verily, Allah (swt) has saved you
from the ignorance of Jahiliyyah (corruption and
misguidance of the pre-Islamic era) and from elevation
and pride in your ancestors/lineage. So people are one
of two men, a man who is good (barr), pious (taqiyy),
generous (Kareem) and a man who is a sinner (fajir),
failure (Shaqiyy), careless (hayyin). And mankind are
descendants of Adam and Allah (swt) created Adam
from mud. Allah (swt) says,

“O mankind! we have created you from a

man and a woman and made you into
nations and tribes that you may know
one another. Verily, the most honourable
among you in the eyes of Allah is that
who has Taqwa. Verily, Allah is All-
Knowing, All-Aware."47

And this is similar to what ibn Abbas said about this

verse,

46
EMQ 49: 13
47
EMQ 49: 13

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

“A man will say to another man, ‘I am

better than you’ – in fact, nobody is
better than another except in how much
he fears Allah. What do you consider al
karam (honourable)? Allah (swt) has
explained for you who is honourable,
‘Verily, the most honourable among you
in the eyes of Allah (swt) is the most
pious.’, what do you think of the lineage?
The best among you in lineage is the one
who is best in his character.”48

Allah (swt) describes the believers as a brotherhood, not

people of a nationality or race or colour. The prophet
(saw) said, in the final sermon,

“O people, your Lord is one and your

father is one. Verily there is no favour for
an Arab over a non-arab and no favour
for a non-arab over an Arab and no
favour for the white over the black or the
black over the white, except by their
piety. ‘Verily, the most honourable
among you in the eyes of Allah is the
most pious.’ O Allah did I convey the

48
Narrated by Al Bukhari in Al Adab Al Mufrad

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

message?” they replied, ‘Yes O

Messenger of Allah’ he replied ‘Let those
present convey to those who are
absent.’”49

There is a problem nowadays in this matter. In recent

times, people consider piety as irrelevant, they look up
to people because of their wealth, or their nationality,
their skin colour or profession. Some people see the
western nationalities as being superior to others and
look down upon people from certain countries or
people of certain skin colours. That is because the
people have started to neglect and abandon the culture
of Islam and the understanding of brotherhood based
on Imaan. Allah (swt) declared that the only possible
bond of brotherhood is solely based on believing in
Allah (swt),

َ ‫إِ َّن َما ْالم ُْؤ ِم ُن‬

‫ون إِ ْخ َو‬
“Only the believers are a brotherhood”50

Abu Hurairah narrated that the Prophet (saw) said,

49
Sunan Al Baihaqi
50
EMQ 49: 10

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

“Be careful, you are not better than any

black or white, except if you have
taqwa.”51

The Islamic brotherhood is not a theory but a practical

fact that must govern the Muslims in their lives,
transactions and relationships. It must be manifest in
their concerns for each other, care and love and actions
towards each other. That is the image of the society of
the Salaf. That bond of Imaan was part and parcel of the
life and behaviour of the pious predecessors and
impacted on the way they spend and act toward each
other. Allah (swt) says,

‫اج َر إِلَي ِْه ْم‬

َ ‫ُّون َمنْ َه‬ َ ‫ان مِنْ َق ْبل ِِه ْم ُي ِحب‬ ِ ْ ‫ار َو‬
َ ‫اِلي َم‬ َ ‫َوالَّذ‬
َ ‫ِين َت َب َّوءُوا ال َّد‬
‫ُون َعلَ ٰى أَ ْنفُسِ ِه ْم‬ َ ‫اج ًة ِممَّا أُو ُتوا َوي ُْؤ ِثر‬ َ ‫ور ِه ْم َح‬ِ ‫ص ُد‬ ُ ‫ون فِي‬ َ ‫َو ََل َي ِج ُد‬
‫ك ُه ُم‬ َ ‫ش َّح َن ْفسِ ِه َفأُو ٰلَ ِئ‬ َ ‫اص ٌة ۚۚ َو َمنْ ي‬
ُ ‫ُوق‬ َ ‫ص‬ َ ‫َولَ ْو َك‬
َ ‫ان ِب ِه ْم َخ‬
‫ون‬َ ُ‫ْال ُم ْفلِح‬
“Those who settled in the state of Imaan
before them, they love those who
migrate to them and do not find in their
chests any resentment toward what was
given to them, rather they favour for
them above their own needs, and

51
Musnad Imam Ahmed

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

whoever preserves themselves from

covetousness, they will be successful.”52

The Prophet (saw) said,

“You will never achieve al-birr, until you

give from your wealth that you love for
yourself”

Abu Hurairah narrated that a man came to the Prophet

(saw) and said,

“I am so exhausted.” The Prophet (saw)

sent him to his wife and she said, “By the
One who sent you with the truth, I have
nothing but water.” And so he (saw) sent
him to each of his wives and they all said
the same thing. So he (saw) said, “Who
can honour this guest for one night?” a
companion said, “I will do it” so the
Prophet (saw) sent the man to his house.
The man asked his wife whether or not
they had any food to offer him? She said,
“No, except the food for our children.”
The man said to his wife, “Make excuses
for the children until they sleep and then
52
EMQ 59: 9

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

when the man arrives, turn the lights off

so that he thinks we are eating with him.”
In the morning, when the man awoke, he
went to the Prophet (saw), who said to
the man and his wife, “Allah (swt) was
proud of what you both did for your guest
last night.”

This is the policy of the Muslims and their behaviour of

love and brotherhood for the Muslims. The Prophet
(saw) said,

“Verily, Al Ash’ariyyeen, when they have

widows or shortage of food in Madinah,
collect everything they have in one
blanket and divide it up among
themselves equally. They are from me
and I am part of them.”

Anas bin Maalik narrated about Abdurrahman ibn Awf –

when he migrated to Madinah, the Prophet (saw) made
brotherhood between him and Sa’d ibn Rabee’ al Ansari
who had two wives. The Prophet (saw) ordered them to
share everything, so Sa’d offered him half of his wealth
and offered to divorce one of his wives so that he could
marry her. Abdul Rahman said,

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

“May Allah bless your wealth and your

wife, but simply direct me to the market.”
Then he went to the market to trade and
make his own profit. Then he bought
food. The Prophet (saw) saw him after a
few days and saw him carrying a big pot
and asked him about his situation. Abdul
Rahman said “I married one of the
women of the Ansar” the Prophet (saw)
asked, “And what are you carrying in this
pot?” he said, “Nawaat (a measure of
weight) from gold” the Prophet (saw)
replied, “make a walima (for the
wedding) even by one sheep.”53

The Muhajiroon said about this brotherhood offered by

the Ansar,

“O Messenger of Allah, the Ansar have

taken all the reward, we have never seen
people more generous in spending or any
people equal in their hospitality, they
sufficed us in our needs.” The Prophet
(saw) asked, “Don’t you praise them for
that and supplicate for them?” they said,

53
Saheeh Bukhari and Saheeh Muslim

127
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

“yes”, the Prophet (saw) said, “That

supplication will replace for them
everything they give you.”54

So the politics of the Islamic government and the

scholars and du’aat is to maintain that brotherhood. It is
part of the politics to provide the people with the
culture of establishing that bond of brotherhood and
unity between the people based on the belief in
Tawheed Allah.

Islam forbids us from anything that will affect that

brotherhood or that might create enmity such as
gambling, alcohol, nameemah, rumours, racism,
nationalism. Abu Hurairah narrated that the Prophet
(saw) said,

“You will never enter Jannah until you

believe, and you will never believe until
you love each other. Shall I tell you
something that if you do it, will establish
love between you? Circulate the salaam”

The Prophet (saw) said,

54
Abu Dawood

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

“Give each other gifts, you will love each

other.”

And anything that might divide the Muslims and the

brotherhood of Imaan must be removed, such as the
borders between them, nationalism, racism, tribalism
and all other forms of partisanship. These are all things
that divide the Muslims and allow the disbelievers to
conquer and dominate over the Muslims and gain
mastery and control over us.

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

4.3 Al-Shura – consultation

Allah (swt) says,

‫ضوا‬ُّ ‫ب ََلنم َف‬ِ ‫ت فَظًّا َغلِي َظ الم َق مل‬ َ ‫ت ََلُ مم ۖ َولَ مو ُكمن‬
ِِ ِ
َ ‫فَبِ َما َر مْحَة م َن اللَّه لمن‬
‫استَ مغ ِف مر ََلُ مم َو َشا ِومرُه مم ِف ماْل مَم ِر ۖ فَِإذَا‬ ِ
‫ف َعمن ُه مم َو م‬
ُ ‫اع‬ ‫ك ۖ فَ م‬ َ ‫ِم من َح مول‬
ِ ُّ ‫ت فَتَ َوَّك مل َعلَى اللَّ ِه ۖ إِ َّن اللَّهَ ُُِي‬
َ ‫ب الم ُمتَ َوِّكل‬
‫ي‬ َ ‫َعَزمم‬
“And by the Mercy of Allah, you dealt
with them gently. And had you been
severe and harsh hearted, they would
have broken away from about you; so

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

pass over (their faults), and ask (Allah's)

Forgiveness for them; and consult them
in the affairs. Then when you have taken
a decision, put your trust in Allah,
certainly, Allah loves those who put their
trust (in Him) 55

Allah (swt) commanded the Prophet (saw) in regards to

his political authority over the state in Madinah to
'Consult them on the affairs.’

This is part of the verse, which contains a wealth of

advice and guidance on the political relationship
between subject and state. The verse also emphasises
that those in authority must deal with their subjects
gently, else some will break away from and rebel due to
their harshness.

It further encourages those in authority to overlook the

faults of their subjects; if they made mistakes, then
Allah (swt) orders to pass over them and forgive them,
to continue to consult them and ultimately to put all
trust in Allah (swt).

This was the advice to the Prophet Muhammad (saw) in

his divine example of a ruler. For greater reason we are
55
EMQ 3:159

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

needy for this advice and approach in the Islamic ruling

system for future generations.

Consultation is Compulsory
The command in this verse makes it compulsory to
consult subjects in the affairs of government. This is
particularly true, because government decisions involve
and affect the entire Ummah (nation) and the Khalifah
must 'consult with them'. This is one rule and principle,
which the Khalifah cannot abolish or neglect.

Imam Ibn Atiyyah (ra) said

'Shura (Consultation) is one of the pillars

of the Shari'ah and the one who does not
consult the people of expertise is no
longer suitable to be the leader'

Ibn Khuwaiz Mindaad (ra) said

'It is compulsory upon the governors to

consult the scholars wherever they are on
matter related to the people. The
Messenger Muhammad (saw) was the
one to whom Allah (swt) revealed, yet he
still ordered him to consult others'

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This raises an important point and highlights an

insightful fact about the consultation by the Prophet
(saw). The Messenger Muhammad (saw) received
revelation from Allah (swt) direct from the heavens,
there was no need for him to consult any human while
he could consult Allah (swt) directly and receive
revelation on every matter, clarifying all the laws and
rules and perfect decisions. There is nothing that the
companions could add to the knowledge of Allah (swt)
and surely their advice will always be imperfect in
comparison to Allah’s.

Despite this fact, Allah (swt) ordered the Prophet (saw)

to consult them anyway. In fact, on occasion the
Prophet (saw) made their advice binding upon himself
in spite of his personal disagreement.

There are many important lessons and reasons for this

command upon the Prophet (saw).

1. Firstly, Allah (swt) has taught through the

Prophet (saw), a model example of a ruler and
his approach to politics that future generations –
generations that would not benefit from
heavenly revelation.
2. Secondly, the companions benefitted from the
experience of consultation, their opinions were

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

aired and were taught how a consultative

political system works in opposition to a
dictatorship.
3. Thirdly, it teaches the Islamic culture of
cooperation, debate, discussion, unity and love.
4. Fourthly, Allah (swt) linked consultation with the
Islamic gentleness that bonds the community
and prevents grudges from being formed.
5. Fifthly, it eradicates the arrogance of those in
authority that might have pushed them to make
a hasty decision without consulting those he
sees as beneath him.

Al-Hasan Al Basri said

'No one consults others except that Allah

(swt) knows and will make them reach
the best decision'

Imam Qatada said about the above verse 3:159 of

consultation

'Yet he is receiving the wahi (revelation)

from the seven heavens, …’

Ibn Ishaq said about the same verse

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

'Show them that you are listening to

them and want to co-operate with them,
even if you are not needy for them'

Ibn Jurair said

'Allah (swt) has ordered messenger

Muhammad (saw) to have shura
(consultation) with them while he is not
needy for them because he has wahi. But
on matters of mubah (permissible
matters of choice) it will be better,
because they shared their own opinions'

The companions continued this tradition after the

Prophet (saw) passed away.

‫اْلَيَاةِ الدُّنميَا ۖ َوَما ِعمن َد اللَّ ِه َخمي ر َوأَبم َقى‬ ‫فَ َما أُوتِيتُ مم ِم من َش ميء فَ َمتَاعُ م‬
‫ين َآمنُوا َو َعلَى َرِِّّبِ مم يَتَ َوَّكلُو َن‬ ِ َِّ
َ ‫للذ‬
‫ضبُوا ُه مم يَ مغ ِف ُرو َن‬ ِ ‫احش وإِذَا ما َغ‬ ِ
َ َ َ ‫اْل مِث َوالم َف َو‬ ِ‫ين َمَيتَنِبُو َن َكبَائِر م‬
َ
ِ َّ
َ ‫َوالذ‬
‫ورى بَمي نَ ُه مم َوِِمَّا‬ َّ ‫استَ َجابُوا لَِرِِّّبِ مم َوأَقَ ُاموا‬
َ ‫الص ََل َة َوأ مَم ُرُه مم ُش‬ ‫ين م‬
ِ َّ
َ ‫َوالذ‬
‫اه مم يُمن ِف ُقو َن‬
ُ َ‫َرَزقم ن‬
ِ َ‫والَّ ِذين إِ َذا أَصاب هم المب مغي هم ي منت‬
‫ص ُرو َن‬ َ ‫َ َُ ُ َ ُ ُ م‬ َ َ

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

"So whatever you have been given is but

a passing enjoyment for this worldly life,
but that which is with Allah is better and
more lasting for those who believe and
put their trust in their Lord. And those
who avoid the greater sins, and Al-
Fawâhish, and when they are angry, they
forgive. And those who answer the Call of
their Lord, and perform As-Salât, and
who (conduct) their affairs by mutual
consultation, and who spend of what We
have bestowed on them; And those who,
when an oppressive wrong is done to
them, they take revenge. i.e. Whatever
has been given is the enjoyment of this
life and what Allah has kept for you is
better for those who believe in Allah and
rely on him and whenever they become
angry they seek forgiveness and who
establish salat and their affairs are a
matter of consultation between them
etc..." 56

56
EMQ 42: 36-39

136
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

This is one of the attributes with which Allah (swt) is

pleased. Allah (swt) described their actions and praised
them and Allah (swt) mentions the shura (consultation),
in verse 38, between two important obligations, prayer
and zakat. So it’s a very important duty.

The believers always preserve their prayer and zakat as

a major pillar of their religion; they are encouraged to
also maintain shura (consultation) as well to prevent
any injustice and dictatorship.

Moreover, If shura (consultation) can achieve all of this

for the people it activates another shariah principle,

“Whatever action, a compulsory duty

cannot be accomplished without it, that
action becomes waajib”.

Shura (consultation) is ibaadah (worship) and we must

consult each other on how to fulfil Allah (swt)'s
commands. It’s an act of worship and those who do so
have responded to his commands.

Consultation will usually lead to the correct opinion and

a leader who consults will be less subject to make
mistakes. That is because consultation forces people to

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

look at a topic deeply and endeavour to find the best

solution.

Consultation (Shura) and its result is the cream of the

crop or the best of the decisions. The best money in
Arabic is called honey and the top of the milk when
boiled is shura and the cream of the food is also shura.

When the Imam (leader) makes consultation they

usually come to the best opinion. But it’s still up to the
leader to do what he thinks is best. In other words, in
most cases, consultation informs the leader’s decision,
it does not force a particular decision.

Ibn Jurair (ra) said that the people of ilm will consult
each other and then come out on a matter they agree
upon. What makes the opinion correct is that after
consultation, no one dictates upon the other.

Allah (swt) is Al-Lateef, the kind with his servants. If the

Imam makes a mistake no one should blame them.
Hence the best one to consult is the scholar on a matter
of divine laws. On other matters, the best person to
consult depends on expertise.

Benefits from shura:

(I) It is Ibaadah (worship)

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

(ii) It leads everyone to the correct decision

(iii) Consultation always establishes justice and a fair

voicing of all opinions

(iv) The shura is also a form of accountability for the

governors and puts them under scrutiny by the Shariah.
They can even be removed if they contradict the
Shariah.

(v) The leader will be humbled in front of his

companions, consequently they will actually honour him
even more because of that.

(vi) A dictatorship will become weaker due to

consultation. Yet at the same time, consultation results
in people listening and obeying a leader even more than
tyranny. That is because, whenever they see that the
leader is keen to listen and take their opinion, they will
be keener to do the tasks he orders them with.

(vii) It makes people use their minds more and talk and
exchange their opinions with each other. They will study
the crises and matters more carefully.

Imam Shaafi’ee said

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

'The man of expert, one who gives the

mashourah will highlight the area where
the Imam’s mind is not aware. It is not for
the sake of the Imam to take every
opinion but for him to see the truth. It is
to make him more aware, not for the
sake of him imitating them'

Imam Shi’bi said

'The people are three types: (1) The full

man, who has his own opinion who
consults others (Rajul Al-Tamm) (2) The
half man who asks and follows others (3)
The nobody who has no opinion of his
own nor does he consult the people – he
does not know that he does not know and
claims that he knows’

(viii) It will train people to have a certain talent of

leadership and how to apply solutions to the problems.

(ix) It will train people to have and consider all opinions

instead of just repeating what he is accustomed to. This
prevents stagnation and being stuck in one’s way, never
improving or learning newer better ways of dealing with
things.

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

The attributes of the people who have shura

It is reported that Umar ibn Khattab said,

"Do not involve yourself in something

that is not your concern, keep away from
your enemy (don’t take him as a friend)
and be careful who is your close friend
(khaleel) except the trustworthy (ameen),
because there is nothing better than the
Ameen, and do not accompany the faajir
(sinner), he will teach you from his fujoor
(sin), and do not tell him your secrets,
and consult in your affairs those who fear
Allah (swt)."57

The person you want to consult must be a trustworthy

person who fears Allah (swt). You cannot consult
everybody. You want to seek advice from someone
useful, not to seek advice from the corrupted person or
the government preacher, let alone to ask him about
Ahkaam of the Deen, even if he was knowledgeable.

The attributes of the people who have shura i.e. The

shura council must be that they are ulema or have ilm
on what they are consulting upon. The ayah says ask

57
Musannaf ibn Abi Sheebah

141
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

those who have ilm if you know not. Ahl ul-Zikr is Ahl ul-
Qur'an.

ِ ِ
‫الذ مك ِر إِ من‬ َ ‫َوَما أ مَر َس ملنَا ِم من قَ مبل‬
‫ك إََِّل ِر َج ًاَل نُوحي إِلَمي ِه مم ۖ فَ م‬
ِّ ‫اسأَلُوا أ مَهل‬
َ
‫ُكمنتُ مم ََل تَ معلَ ُمو َن‬
And we sent not before but men to whom
we inspired, so ask the people of
knowledge if you do not know.58

‫الذ مك ِر إِ من‬ ِ
َ ‫ك إََِّل ِر َج ًاَل نُوحي إِلَمي ِه مم ۖ فَ م‬
ِّ ‫اسأَلُوا أ مَهل‬ َ َ‫َوَما أ مَر َس ملنَا قَ مب ل‬
‫ُكمنتُ مم ََل تَ معلَ ُمو َن‬
And we sent not before but men to
whom we inspired, so ask the people of
knowledge if you do not know.59

Allah (swt) does not take the ilm by taking it from the
hearts of the people but rather when the Ulema die,
then the people will refer to leaders without ilm.60

58
EMQ 16: 43
59
EMQ 21: 7
60
Saheeh Bukhari and Saheeh Muslim

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Tabarani narrates from Muhammad Ibn Hanafiyyah (ra)

that 'Ali ibn Abu Talib asked:

'O Messenger of Allah, if a matter arises

and we do not find bayan
(explanation/clarity) to do or not to do,
what should we do?' The Prophet (saw)
said 'consult the good worshippers but do
not follow the opinion of individuals'

The Quraa (reciters or scholars) used to be in the majlis

(gathering) of Omar (ra), some old and some young.
Uyaynah said to Hur Ibn Qais 'Do you have any
opinion/shura so I can enter' so Omar granted him
permission. He said 'O Ibn Khattab, you don't give us
haq nor judge with justice.' So Omar was going to
punish him, but Hur Ibn Qais said to Omar 'Allah (swt)
says pardon people and turn away from the jahil
(ignorant)' when Omar heard the ayah he stopped from
punishing him.

Abu Bakr (ra) used to call the people of expertise

whenever he had any issues. All the top Sahabah, to
have the best opinion. Hence after, Umar they did the
same thing.

Imam Shaafi

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

'If a person, aalim or ruler or governor; if

he has a matter which has more than one
side he must consult and not someone
jahil or untrustworthy aalim but combine
the ilm with trustworthiness.'

Imam Bukhari described the a'imma that they would

always consult the trustworthy scholars.

So first he must be knowledgeable aalim.

The second attribute is that the people must be people

of taqwa, can’t be against shariah or jihad or traitors
working with the enemies of Islam.

Abu Daoud narrates that the Messenger Muhammad

(saw) said

'Whoever gives fatwa without ilm the sin

will be on the one who gives the fatwa
and whoever gives advice to a Muslim
and he knows the correct advice is
different to what he gave, he betrays
him'

This is khiyaanah/betrayal. Hence it is the one who has

amaanah in a way that he should not compromise it

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

because he is giving the Deen. He is giving shura and

mashurah.

Hence the trustworthy are the ones you should consult.

Sufyan Al-Thawri said

'let the people you consult be the ones

with taqwa'

It is reported by Sa'eed ibn Musayyab that Umar ibn

Khattab laid down 18 words of wisdom,

(1) “There could be no greater discipline against

the one who disobeys Allah (swt) in his dealing
with you than obeying Allah (swt) in your
dealings with him.
(2) Always think the best about your Muslim
brother until it is proven otherwise.
(3) Do not ever think that a word from your
Muslim brother is bad when you can find one
possibility for it to be good.
(4) Whoever put himself in a position that people
could accuse him, should not blame anyone for
doubting him.
(5) Whoever kept his secrets the goodness will
always be in his hand.

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

(6) Have a good trustworthy friend and live among

them, they are the decoration (zeenah) in the
time of ease and tools in the time of test/trial.
(7) Speak the truth even if it kills you.
(8) Do not object to something that does not
concern you.
(9) Do not ask about something that has not
happened (because that will keep you
preoccupied).
(10) Do not ask about your Deen from someone
who doesn't like for you to be successful.
(11) Do not compromise making a false oath or
Allah (swt) will punish you.
(12) Do not accompany a fajir, he will teach you his
fujoor.
(13) And keep distance from your enemy.
(14) And be careful from your friends except the
ameen and there is no ameen except one who
fears Allah (swt).
(15) Have khushoo' when you visit the graveyard.
(16) Maintain your humility in obedience.
(17) Keep away from disobedience.
(18) And consult in your affairs those who fear Allah
(swt)."

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Allah (swt) says

ِ ِ ِ ‫َوِم َن الن‬
َ‫ك ۖ إََِّّنَا ََيم َشى اللَّه‬ َ ‫اب َو ماْلَنم َع ِام ُمُمتَلف أَلم َوانُهُ َك َذل‬ِّ ‫َّو‬
َ ‫َّاس َوالد‬
‫ِم من ِعبَ ِادهِ الم ُعلَ َماءُ ۖ إِ َّن اللَّ َه َع ِزيز َغ ُفور‬
" It is only those who have knowledge
among His slaves that fear Allah"."61

So those who you want to consult in your affairs must

be trustworthy, fear Allah (swt) and have knowledge.

An Elaboration on Umar’s first advice

Evidences for point (1) There could be no greater
discipline against the one who disobeys Allah (swt) in his
dealing with you than obeying Allah (swt) in your
dealings with him.

Allah ordered us to push the evil thing with the good

thing.

َ‫ُون اللَّه‬
َ ‫ون ِبال َّس ِّي َئ ِة َق ْب َل ْال َح َس َن ِة لَ ْو ََل َتسْ َت ْغ ِفر‬
َ ُ‫َقا َل َيا َق ْو ِم لِ َم َتسْ َتعْ ِجل‬
َ ‫لَ َعلَّ ُك ْم ُترْ َحم‬
‫ُون‬
He (Salih) said, "O my people, why are
you impatient for evil instead of good?

61
EMQ 35:28

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Why do you not seek forgiveness of Allah

that you may receive mercy?”62

Allah (swt) described the believers

‫ون ِب ْال َح َس َن ِة‬

َ ُ‫ص َبرُوا َو َي ْد َرؤ‬ َ ‫ْن ِب َما‬ َ ‫أ ُ ْولَئ‬
ِ ‫ِك ي ُْؤ َت ْو َن أَجْ َرهُم مَّرَّ َتي‬
‫ون‬َ ُ‫ال َّس ِّي َئ َة َو ِممَّا َر َز ْق َنا ُه ْم يُن ِفق‬
"These will be given their reward twice
over, because they are patient, and repel
evil with good, and spend (in charity) out
of what We have provided them."63

‫ِي أَحْ َسنُ َفإِ َذا الَّذِي‬ َ ‫َو ََل َتسْ َت ِوي ْال َح َس َن ُة َو ََل ال َّس ِّي َئ ُة ْاد َفعْ ِبالَّتِي ه‬
‫َب ْي َن َك َو َب ْي َن ُه َعدَ َاوةٌ َكأ َ َّن ُه َولِي َحمِي ٌم‬
"The good deed and the evil deed cannot
be equal. Repel (the evil) with one which
is better, then verily! he, between whom
and you there was enmity, (will become)
as though he was a close friend."64

Umar wants us to be just and fair. Uqbah ibn Aamir

narrated

62
EMQ 27:46
63
EMQ 28:54
64
EMQ 41:34

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

"I met the Messenger (saw) and I took his

hand and said "O Messenger of Allah, tell
me about the best deed" the Messenger
(saw) said "O Uqbah! The one who
boycotts you build relationship, the one
who deprive you, give to him and forgive
the one who oppresses you."65

An Elaboration on Umar’s second advice

Point (2) Umar taught us to think the best about
Muslims and find goodness in what he says even if it
seems evil. e.g. to say, maybe he was joking. Allah (swt)
says,

‫الظنِّ إِ ْث ٌم‬
َّ ‫ض‬َ ْ‫الظنِّ إِنَّ َبع‬ َّ ‫ِين آ َم ُنوا اجْ َتنِبُوا َكثِيرً ا م َِّن‬ َ ‫َيا أَ ُّي َها الَّذ‬
‫ض ُكم َبعْ ضًا أَ ُيحِبُّ أَ َح ُد ُك ْم أَن َيأْ ُك َل لَحْ َم‬ ُ ْ‫َو ََل َت َج َّسسُوا َو ََل َي ْغ َتب بَّع‬
)21:94( ‫َّللا َت َّوابٌ رَّ حِي ٌم‬ َ َّ ‫أَخِي ِه َم ْي ًتا َف َك ِرهْ ُتمُوهُ َوا َّتقُوا‬
َ َّ َّ‫َّللا إِن‬
" O you who believe! Avoid much
suspicions, indeed some suspicions are
sins. And spy not, neither backbite one
another. Would one of you like to eat the
flesh of his dead brother? You would hate
it (so hate backbiting). And fear Allah.

65
Musnad Imam Ahmed

149
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Verily, Allah is the One Who accepts

repentance, Most Merciful."66

َ‫َّللا َوَلَ ال َّشه َْر ْال َح َرا َم َوَل‬ ِ ‫ِين آ َم ُنو ْا َلَ ُت ِحلُّو ْا َش َعآئ َِر‬ َ ‫َيا أَ ُّي َها الَّذ‬
‫ون َفضْ لً مِّن رَّ ب ِِّه ْم‬ َ ‫ْت ْال َح َرا َم َي ْب َت ُغ‬ َ ‫ِّين ْال َبي‬
َ ‫ي َوَلَ ْال َقآلئِدَ َوَل آم‬ َ ‫ْال َه ْد‬
‫َو ِرضْ َوا ًنا َوإِ َذا َحلَ ْل ُت ْم َفاصْ َطا ُدو ْا َوَلَ َيجْ ِر َم َّن ُك ْم َش َنآنُ َق ْوم أَن‬
ِّ‫ص ُّدو ُك ْم َع ِن ْال َمسْ ِج ِد ْال َح َر ِام أَن َتعْ َت ُدو ْا َو َت َع َاو ُنو ْا َعلَى ْالبر‬ َ
‫َّللا َشدِي ُد‬َ َّ‫ان َوا َّتقُو ْا َّللاَ إِن‬ ْ
ِ ‫َوال َّت ْق َوى َوَلَ َت َع َاو ُنو ْا َعلَى اِلِث ِم َو ْالع ُْد َو‬
)2:4( ‫ب‬ ِ ‫ْال ِع َقا‬
"O you who believe! do not violate the
rites of Allah, nor of the Sacred Month,
nor of the animals brought for sacrifice,
nor the garlanded people or animals, nor
the people coming to the Sacred House
(Makkah), seeking the bounty and good
pleasure of their Lord. But when you
come out of ihram, then [you may] hunt.
And do not let the hatred of a people for
having obstructed you from al-Masjid al-
Haram lead you to transgress. And
cooperate in righteousness and piety, but
do not cooperate in sin and aggression.

66
EMQ 49: 12

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And fear Allah ; indeed, Allah is severe in

penalty."67

The shura must always be for the one who fears Allah
(swt), there is no way for the one who does not carry
Da'wah or Jihad and is inactive to be worthy or
beneficial for consultation.

67
EMQ 5:2

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4.4 Combating At Taa'ifatul

Mumtani'ah

َ ‫ون فِ ْت َن ٌة َو َي ُك‬
َ‫ون ال ِّدينُ ِّللِ َفإِ ِن ان َت َهو ْا َفل‬ َ ‫َو َقا ِتلُو ُه ْم َح َّتى َلَ َت ُك‬
‫ِين‬
َ ‫الظالِم‬َّ ‫ان إَِلَّ َعلَى‬ َ ‫ع ُْد َو‬
"Fight them until there is no more Fitnah
and the Deen is only for Allah."68

This ayah details the Shariah policy of combating against

Al-Taa'ifatul Al-Mumtani'ah. That is, the apostate

68
EMQ 2:193

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entities that is preventing the rule of law (Shari'ah) from

being established and implemented.

These entities can be of many types, including the

apostate rulers that, despite claiming Islam, prevent the
law of Allah (swt) from being implemented over the
people. The verse continues to say that, if they stop
their polytheism (shirk), then we do not continue to
fight them.

These are the general rules against the Kufr and the
shirk whenever it is present in an openly combative
state against Islam.

What is Al Taa'ifah?
A Taa’ifah is an Arabic term referring to an entity or
group of people. It usually denotes a small portion of a
larger group or society. As with an group or community,
a Taa’ifah is a collection of people united by some
common action, cause or attribute.

It is recorded in Saheeh Muslim, on the authority of

Uqbah bin Aamer that the Prophet Muhammad (saw)
said,

“There will always be a small portion

(Taa’ifah) which will fight for the sake of
Allah. Whoever disagrees with them

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doesn’t harm them and they will continue

like this until the Day of Judgement.”69

So a Taa’ifah is a section or portion of the people that

could be known for good deeds, like defending and
implementing the law of Allah (swt) or known for other
actions.

This hadith describes a ‘Taa’ifah’ in this context as a

portion of the Muslim community in every era and
generation – indicating that it is not one single
organisation or specific people but it is that portion of
the community in every place and time that is known
for its common defence of Islam.

In contrast, Al Taa’ifah Al Mumtani’ah refers to the

portion of the community that acts in opposition to the
law of Allah (swt) and actively seeks to destroy or
prevent its implementation. I.e. they are a section of
society united by or sharing a common attribute of
preventing Shariah - Al-Imtinaa’.

What is Al Mumtani'ah?
“Mumtani’ah” refers to the entity that makes
“Imtinaa’” – these terms come from the root Arabic
verb Mana’a.
69
Saheeh Muslim

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Mana'a - means to prevent, stop, leave.

When we speak about a maani' (prevention) in usul ul

fiqh (foundations of Islamic Jurisprudence) - it is the
matter that stops or suspends a rule.

The entity which is described as Mumtani’ah are those

that attribute themselves to Islam but they refuse to
implement one or some of the prevailing Islamic rules,
e.g. the Zakat, Salah, hajj, ruling by whatever Allah (swt)
revealed.

It is of course significant to remember that non-Muslim

citizens of an Islamic state are not expected to practice
Islamic rituals and are not punished or reprimanded for
doing so – but are completely able to practice their own
religious worship in their homes, churches and
synagogues.

It is further important to note, that there is a massive

difference between someone who commits a sin such as
someone who was lazy, preoccupied or otherwise
diverted from Islamic rules such as prayer or Zakat, and
someone who refused and preventing the Islamic rules
from being implemented.

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For example, a man might oversleep and miss the dawn

prayer, another man could be busy at work and forget
to pray, another man could be lazy and tired and so
delayed his prayer – these are not apostates or entities
preventing Shariah.

On the other hand, if someone were to go around

punishing or killing people for praying or threatening to
kill them for praying – they are preventing the law of
Allah (swt) from being implemented.

Worse than this, is if they were to operate as an

organisation or regime and legislate laws that prevented
women wearing Hijab such as in Turkey and Tunisia in
20th Century, or they were to force courts to judge by
secular laws instead of Shariah laws and prevent
judgements according to Islam – this is someone who is
working to overrule and prevent the rule of law of Allah
(swt).

So whenever they reject the laws, prevent it, deny it or

fight those who call for the law of Allah (swt), that is
called Al Imtinaa' – Seeking to prevent the law.

Allah (swt) also says,

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َ ‫ون فِ ْت َن ٌة َو َي ُك‬
َّ‫ون ال ِّدينُ ُكلُّ ُه ِّلل َفإِ ِن ان َت َه ْو ْا َفإِن‬ َ ‫َو َقا ِتلُو ُه ْم َح َّتى َلَ َت ُك‬
َ ُ‫َّللاَ ِب َما َيعْ َمل‬
‫ون بَصِ ي ٌر‬
"Fight them until there is no more Fitnah
and the Deen is only for Allah."70

Again this ayah declares a request for fighting against

the Kufr and that the Deen should only be for Allah
(swt). So those that prevent the Deen being only for
Allah (swt), must be fought against.

Al Taa’ifah Al Mumtani’ah in the time of the

Companions
The Sahabah fought against the people who made
Imtinaa'. Famously, in fighting against those preventing
the payment of Zakat.

It is narrated by Abu Hurairah that Abu Bakr Al-Siddeeq

(having taken office as the first Khalifah) found that
some people refused to pay the Zakat after the Prophet
(saw) passed away and that many people left Islam. He
declared that he must fight them. Umar (ra) said to him

"How can we fight people who say laa

ilaaha illallah (the declaration of Islamic
faith)? While the Prophet (saw) said, "I

70
EMQ 8:39

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have been ordered to fight people until

they testify that there is none worthy of
worship besides Allah and Muhammad is
his Messenger and pray the Salah and
pay the Zakat, whoever does that they
have protected from me their blood and
their wealth except for the Haq of Islam
and their account is with Allah."" Abu
Bakr replied, "I will fight anyone who
separates between the Salah and the
Zakat and the Zakat is the Haq of the
wealth and I swear by Allah that if they
prevent (law mana'ooni) from me the
rope of the camel (or small amount) that
they used to pay to the Messenger, I will
fight them for it." Umar said, "When I
saw that Allah made the chest of Abu
Bakr satisfied with fighting I knew it was
the Haq."71

71
Saheeh Bukhari and Saheeh Muslim

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The Prophet (saw) ordered us also to fight the

Khawaarij72, Suwaid bin Ghaflah reported from Ali that
he said,

"If I tell you a Hadith of the Prophet (saw)

it is better for me to fall from the heaven
than to say something the Prophet did
not say, but when I told you a thing which
is between you and me, then no doubt,
the war is trick. I heard the Prophet (saw)
saying, "In the last days there will come
some young foolish people who will quote
the sayings of the best man and the
Qur'an without it to reach their throats.
They will leave the Deen like an arrow
from the bow, if you meet them, kill
them, verily in killing them is a reward.”73

Zaid ibn Wahb narrated that he was in the army of Ali

ibn Abi Taalib when they came out to fight the
Khawaarij, Ali said
72
Khawaarij were the first deviant sect to rise in Islam after the
death of the Prophet (saw) – known for preventing the courts of
Shariah judging between the people and declaring Muslim
disbelievers based on sins before fighting or killing them and rising
to overthrow the Caliphate. There arrival was prophecised by the
Prophet Muhammad (saw).
73
Saheeh Bukhari - 4. 808/3611

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"O people I heard the Messenger (saw)

say "there will come a people from my
Ummah who recite their Qur'an and your
recitation compared to theirs is nothing
and your Salah compared to theirs is
nothing and your fasting compared to
their fasting is nothing; they recite the
Qur'an thinking it is a proof for them
while it is against them. The Qur'an will
never reach their throats and they will
leave the Deen like an arrow from the
bow. ""

The Prophet (saw) described these people of the future

as people who appear to be Muslims, who pray, fast
and recite and he even described their leader as a man
with no arms with fat upper arms with elbows like
nipples etc. So Ali (ra) said

"Are you going to fight Mu'awiyah and

his people while those people are behind
us? And I think that they are the
khawaarij."

That was the day of al harooraa' when Ali and the

khawaarij fought. They looked for the leader of them

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according to the description of the Prophet (saw) and

they found him among the dead.

These people were those who left the Shari'ah. ibn

Taymiyyah said,

"Any people who left one of the sharaa'i'

- the ritual acts of Islam that is
mutawaatir (known by necessity), we
should fight against them with the
consensus of the scholars even if they say
the shahadatayn and other acts of
worship...."

Ibn Taymiyyah gave examples such as if they stop Salah,

we must fight them until they return, if they stop Zakat,
we must fight them until they return, if they stop
judging the people to have sanctity, if they prevent jihad
against the Kuffar or Da'wah or commanding good and
forbidding evil or they stop believing in the Aqeedah of
the first Muslims of the muhajireen and ansaar or if they
insult the companions, all of these matters are part of
the command in chapter 2, verse 193. and he said

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"If some of it was to follow Allah and

some of it was not, we are obliged to
fight them.”74

Today what we see is that there are entities that

prevent the Shari'ah from being implemented and fight
anyone who calls for it. It is known among the scholars
of the Salaf that al siyasah shar'iyyah is for the Deen of
Allah to prevail and if anyone stops or prevents the
Deen from prevailing – especially by the use of violence
against the Muslims, they are Taa'ifatul Mumtani'ah and
they must be combatted, like when Abu Bakr al-Siddeeq
said

"… If they prevent from me (mana'oo

nee) even the rope of a camel that they
used to give (in the Shariah Rule of Zakat)
to the Prophet (saw), I will fight them for
it…"

That is the fighting against Taa'ifatul Mumtani'ah, or

also sometimes known as “Taa'ifatul Murtaddah” (the
entity of apostasy). This is because the act of actively
fighting against the law of Allah (swt) and stopping its
implementation is an open and clear act of apostasy.

74
al Fatawaa al kubraa

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Khawaarij and Muslim Rebels

However, as in the example of the khawaarij – it is not
necessarily the case that every person in such an entity
is an apostate. The khawaarij were fought, not as
apostates, but as rebels. That is because they engaged
in fighting against the Muslims and making Takfeer on
them because of sins and made rebellion (Baghi) against
the ruler. The end result is the same however, such
rebels engaged in a violent struggle that rejected order
and due process, taking the law out of the hands of
those in authority and the Shariah courts.

The khawaarij in fact, sought to abolish the use of

Shariah courts – as they rejected the arbitration
between Mu’awiyah ibn Abi Sufyan and the Khalifah Ali
performed by two Shariah Judges – claiming that such a
court was an act of apostasy. They went further in
questioning people on their opinion about such a court
and killing those who disagreed with them.

So although, the rebellion by the khawaarij was not

born of apostasy but rather ignorance and misguidance
that did not reach the level of disbelief – they still acted
as an entity that prevented the Shariah from being
implemented and had to be fought – as exemplified in
the Khilafah of Ali ibn Abi Talib (ra).

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4.5 Judicial System in Islam

In the 1300 year history of the Islamic state, it was

famous for its administration of justice, and its ability to
protect the rights of the people, and this was the case in
all the different fields of life, from personal to political.

There are two people who are responsible for the

implementation of Islam in such a manner - the Khalifah
and the Qadi (judge). The Khalifah executes the Islamic
rules and implements them over the people, while the
judge derives the Islamic verdicts for the different
situations from their sources (i.e. the Qur’an the

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Sunnah, and whatever derives from them) and presents

them for application.

Accordingly, the judiciary is one of the fundamental

pillars of the Islamic state and it is upon this that the
ruling system depends for the implementation of Islam
in the political life. There has always been in the Islamic
state a judiciary which administers justice, and judges
who would judge between the people to ensure that
Islam was constantly adhered to.

This system of judiciary is nothing alien to Islam; indeed

it derives from the Islamic ‘aqeedah and forms an
integrated part of the Islamic way of life,
complementing the other Islamic systems, like the
Economic (Iqtisad) and Ritual (Ibadat) systems, making a
perfectly functioning whole.

Objective of the Judiciary

The basis of the Judiciary is set in three principles :

1) that the application of the Islamic judgement on

each and every issue is obligatory,
2) that it is forbidden to follow any Shari‘ah other
than Islam, and
3) any Shari‘ah other than Islam is kufr (disbelief)
and taghut (falsehood).

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It is within the framework of these that the Judicial

System of the Islamic State operates, and it is based
around these that the definition of the judiciary (' al-
Qadha') is established from the Shari‘ah.

Thus, the definition and purpose of the judiciary is

"To allow the legitimate judges to provide

the opinions about the divine rules on any
situation, with the authority to enforce
them."

Evidences for the Legitimacy of the Judiciary

The foundation of the judiciary system and its
lawfulness are derived from the Qur’an and the
Sunnah.

In the Qur’an,
Allah (swt) says,

‫ُوك فِي َما َش َج َر َب ْي َن ُه ْم ُث َّم ََل َي ِج ُدوا‬

َ ‫ون َح َّت ٰى ي َُح ِّكم‬
َ ‫ك ََل ي ُْؤ ِم ُن‬ َ ‫َف َل َو َر ِّب‬
‫ْت َوي َُسلِّمُوا َتسْ لِيمًا‬ َ ‫ضي‬ َ ‫فِي أَ ْنفُسِ ِه ْم َح َرجً ا ِممَّا َق‬
"But no, by your Lord, they will not
believe (in truth) until they make you
judge of what is in dispute between them
and find within themselves no dislike of

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that which you decide, and submit with

full submission."75

And,

ۚۚ ُ‫َّللا‬ َ ‫اس ِب َما أَ َر‬

َّ ‫اك‬ ِ ‫اب ِب ْال َح ِّق لِ َتحْ ُك َم َبي َْن ال َّن‬ َ ‫إِ َّنا أَ ْن َز ْل َنا إِلَي‬
َ ‫ْك ْال ِك َت‬
‫ِين َخصِ يمًا‬ َ ‫َو ََل َت ُكنْ ل ِْل َخائِن‬
" Indeed, We have revealed to you the
Book in truth so you may judge between
the people by that which Allah has shown
you. And do not be for the deceitful an
advocate.."76

And,

ِ ‫ُص ِّد ًقا ِل َما َبي َْن َيدَ ْي ِه م َِن ْال ِك َتا‬
‫ب‬ َ ‫اب ِب ْال َح ِّق م‬ َ ‫َوأَ ْن َز ْل َنا إِلَ ْي‬
َ ‫ك ْال ِك َت‬
‫َّللا ُ ۖۚ َو ََل َت َّت ِبعْ أَهْ َوا َء ُه ْم‬
َّ ‫َو ُم َه ْي ِم ًنا َعلَ ْي ِه ۖۚ َفاحْ ُك ْم َب ْي َن ُه ْم ِب َما أَ ْن َز َل‬
‫َعمَّا َجا َء َك م َِن ْال َح ِّق ۚۚ لِ ُكل َج َع ْل َنا ِم ْن ُك ْم شِ رْ َع ًة َو ِم ْن َهاجً ا ۚۚ َولَ ْو‬
‫َّللا ُ لَ َج َعلَ ُك ْم أُم ًَّة َواحِدَ ًة َو ٰلَكِنْ لِ َي ْبلُ َو ُك ْم فِي َما آ َتا ُك ْم ۖۚ َفاسْ َت ِبقُوا‬ َّ ‫َشا َء‬
ِ َّ ‫ت ۚۚ إِلَى‬
َ ُ‫َّللا َمرْ ِج ُع ُك ْم َجمِيعًا َف ُي َن ِّب ُئ ُك ْم ِب َما ُك ْن ُت ْم فِي ِه َت ْخ َتلِف‬
‫ون‬ ِ ‫ْال َخي َْرا‬
" And We have revealed to you, [O
Muhammad], the Book in truth,
confirming that which preceded it of the

75
EMQ 4:65
76
EMQ 4:105

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Scripture and as a criterion over it. So

judge between them by what Allah has
revealed and do not follow their
inclinations away from what has come to
you of the truth. To each of you We
prescribed a law and a method. Had Allah
willed, He would have made you one
nation [united in religion], but [He
intended] to test you in what He has
given you; so race to [all that is] good. To
Allah is your return all together, and He
will [then] inform you concerning that
over which you used to differ."77

These ayat clearly indicate that it is legitimate to judge

between the people and indeed that it is obligatory
(fard) to do so, referring only to the system of Allah
(swt).

As for the Sunnah

The Messenger of Allah (saw) was himself in charge of
the Judicial System and he judged between people. It is
narrated on the authority of ‘A'isha (ra), wife of the
Messenger of Allah (saw), that she said,

77
EMQ 5:48

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"Sa‘ad ibn Abi Waqqas and Abd ibn

Zama‘a disputed with each other over a
young boy. Sa‘ad said: Messenger of
Allah, he is the son of my brother Utbah
ibn Abi Waqqas as he made explicit that
he was his son. Look at his resemblance.
Abd ibn Zama‘a said: Messenger of Allah,
he is my brother as he was born on the
bed of my father from his slave-girl.
Allah's Messenger (saw) looked at his
resemblance and found a clear
resemblance with Utbah, but he said: He
is yours O Abd ibn Zama‘a, for the child is
to be attributed to one on whose bed it is
born, and stoning is for the adulterer."78

This is proof that Muhammad (saw) judged between the

people, and that his judgement carried authority to be
implemented.

Other Evidences of the Judiciary in Sunnah

It is reported that Buraida said, The Messenger of Allah
(saw) said,

78
Saheeh Bukhari and Saheeh Muslim

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"The judges are three, two of them will

go to the Hellfire and one will go to the
Paradise. One knows the truth and he
judges with it - he is in the paradise, one
knows the truth and doesn’t judge by it,
he will go to the Hellfire. The other
doesn’t know the truth and judges
between the people with ignorance - he
will go to the Hellfire."79

It is narrated that Ali (ra) said the Messenger of Allah

(saw) said,

"Oh Ali, if two people come to ask you to

judge between them, do not judge to the
first one until you hear the word of the
second one in order that you may know
how to judge."80

It is narrated that Umm Salamah said,

"Two men disputed about the inheritance

and came to the Messenger of Allah
(saw), neither having any proof. He (saw)
said : Both of you bring your dispute to

79
Abu Dawud, Tirmidhi, Nasaa’i, and Ibn Majah
80
Musnad Imam Ahmad and Abu Dawood

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me and I am a man like you and one of

you may have more eloquent speech, so I
may judge in his favour. And if I judge for
him something that does not belong to
him and I take it as a right from his
brother, he should not take it because
whatever I give to him it will be a piece of
Hellfire in his stomach and he will come
bowing his neck on the Day of
Judgement. Both of the men cried, and
one man said, I give my share to my
brother. The Prophet (saw) said go now
together and divide the inheritance
between you and seek the right from
both of you and each one of you say to
the other ‘May Allah forgive you’, and
permit him what he takes in order for
both of you to be rewarded."81

It is narrated that the Messenger of Allah (saw) said,

"Whoever Allah tests by letting him

become a judge, should not let one party
of a dispute sit near him without bringing
the other party to sit near him. And he

81
Saheeh Bukhari, Saheeh Muslim and Musnad Imam Ahmad

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should fear Allah by his sitting, his looking

to both of them and his judging to them.
He should be careful not to look down to
one as if the other was higher, he should
be careful not to shout to one and not the
other, and he should be careful of both of
them."82

It is also narrated that Ibn Abbas said,

"The Messenger of Allah (saw) judged

between the people by oath and
witnesses."83

Imam Mawardi wrote:

"The Messenger of Allah (saw) appointed

judges in the Islamic State; one of them
was Imam Ali, one was Mu‘adh ibn Jabal
and one was Abu Musa al-Ash‘ari."84

Abu Hurayrah said,

"The Messenger of Allah (saw) was

passing by the market and saw someone

82
Sunan Al Baihaqi, Daaraqutni and Tabarani
83
Saheeh Muslim, Abu Dawood and Al-Nasaa’i
84
‘The Etiquette of the Judge’ – Adab Al Qaadhi, vol.1, p.123

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selling food. He put his hand on a plate of

dates and found some of the dates were
wet from underneath. He said ‘What is
this?’ The man said ‘Some rain from the
heavens, Oh Rasul Allah.’ The Messenger
of Allah (saw) said, ‘You should put it on
the top, whoever cheats is not one of
us.’"85

All these ahadith clearly state the authenticity of judging

and explain from different angles some of the elements
of the Judicial System of the Islamic State:

1. The ahadith indicate that people are motivated to

become judges, due to the reward of the judge.
2. The ahadith make terrified those people who
want to become judges if they are not capable.
3. The ahadith show us the usul (source) of disputing
and the usul of judging, e.g. the Messenger of
Allah (saw) told ‘Ali not to judge until he heard
the statement of both parties. They show that
we must have a court where both parties sit
together and that the judge must listen to both
parties. He said fear Allah at the way you look at

85
Saheeh Muslim

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them, talk to them and the way you judge

between them.
4. They show the foundation of appointing a
representative. Because of the saying, ‘Be
careful of those with good tongues’; so it is
permissible to appoint someone to speak on
your behalf.
5. They prove that the Messenger of Allah (saw)
took oaths and witnesses and that they are
evidences which can be used in proving cases.
6. They state types of judges, e.g. Qadi Muhtasib -
who establishes justice and fair dealing in the
market place.
7. They state the authenticity of appointing judges,
as per Mawardi - Imam ‘Ali and Mu‘adh ibn
Jabal.

The Hukm of the Judiciary

It is agreed upon by the four schools of thought (i.e.
Hanafi, Shafi‘i, Hanbali and Maliki) that the judiciary
is fard kifayyah (sufficient fard) like the Khilafah.
Accordingly, if there is no judiciary, there will be no
judging by Islam, and the whole Muslim Ummah will be
sinful for its absence. However, if there is a functional
judiciary, that is fulfilling the role of administration of

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justice for the people, then the fard has been fulfilled,
and the sin is removed from the necks of the Muslims.

The Messenger of Allah (saw) said,

"One day from a just Imam is better than

worshipping sixty years, and the
establishment of one hadud (an Islamic
punishment) in the earth is better than
rain for forty years."

Here are some opinions of the distinguished scholars on

the issue of the Judiciary:

 Imam Sarkhasi considered that the

judiciary is the strongest fard after imaan,
because it ensures Allah’s (swt) laws are
implemented in practice.
 Imam Ghazzali said that the judiciary is
from the Jihad.
 ‘Abdullah ibn Mas‘ud (ra) said, I prefer to
sit as a judge between two people more
than to perform 70 years of ibadat.

The responsibilities of the Judiciary

The responsibilities of the Judiciary are:

a) Settle the disputes between people,

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b) Prevent whatever harms the common rights, and

c) Resolve the arguments between people and any
person who forms part of the ruling system, be
they rulers or employees, the Khalifah or any
other person.

Islam defines that each of these roles are separate parts

of the judiciary and that each are undertaken by
different types of judges.

The Appointing of Different Types of Judges

The Messenger of Allah (saw) used to appoint the
judges; he appointed ‘Ali as judge over Yemen and he
gave him instructions about how to judge by saying,

"If two disputing persons came to you do

not judge for either of them until you
have heard what the other had to say."

He (saw) also appointed ‘Abdullah ibn Nawfal as judge

over Madinah.

However, all the judges were not of one type, and the
areas over which they had jurisdiction varied according
to the roles they were allocated. Some judges were
concerned with the disputes between the people,
others with settling whatever harms the common
interest of the people and others dealt with the area of

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disputes between the people and those who were in

authority over them.

The Structure of the Judiciary

The Types of Judges:
The judiciary in Islam defines the role of three types
of qadi’s, which are:

a) Qadi ‘Aam : He is the qadi that settles the

disputes between the people. He deals with
both civil and criminal cases.
b) Qadi Muhtasib : He is in charge of looking into
and settling any breach of law that may
endanger the public interest or property.
c) Qadi Madhaalim : He deals with disputes
between the people and the state.

The Qadi ‘Aam

As for the evidence about the judiciary that settles the
disputes that occur between people, this is derived from
the actions of the Messenger of Allah (saw), and in his
appointment of Mu‘adh ibn Jabal over an area of
Yemen.

The Mandatory Powers of the Qadi ‘Aam

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All the cases have to be judged in court sessions where

the evidence is presented to the qadi. Since sovereignty
belongs to Allah (swt), there is no concept of jury. The
evidence is presented to the judge who then judges on
the basis of Qur’an and Sunnah. It is forbidden to have
more than one judge presiding over the case and having
the power to render judgement. However it is
permitted for other judges to be present with him. Their
role would merely be to counsel or voice an opinion, but
their opinions would not be binding. This is so because
the Messenger of Allah (saw) never appointed two
judges to deal with one matter, but only one judge for
one matter, which indicates that it is forbidden to have
two or more judges to look into one matter.

The judge can only rule in a judicial court and any

evidences or oaths can only be considered in the judicial
court. This is so because it has been reported on the
authority of ‘Abdullah ibn al-Zubayr who said,

"The Messenger of Allah has ordered that

the two disputing parties should sit
before the judge."

This hadith demonstrates the form in which the judiciary

should be conducted: The two disputing parties should

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sit together before a judge, and this would be in a

judicial court.

It is permitted to have various levels of court according

to the type of case. Thus it would be permitted to have
some judges confined to dealing with specific cases to a
certain extent and to refer other cases to other courts.

This is so because the judiciary is a delegation from the

Khalifah and it is just like the deputyship. In fact the
judiciary is a form of deputyship which can be general,
where the judge would have authority to consider a
wide variety of matters; or it can be specific, with the
judge specialising in only a few matters. Therefore, it is
permitted to have various levels of tribunal as Muslims
had in the past : Al-Mawardi wrote:

"Abu ‘Abdullah al Zubayr said: For a

while, the Amirs here in Basra used to
appoint a judge at the central mosque
(al-Masjid al-Jami‘), they called him the
judge of the mosque, he used to judge in
disputes involving sums that do not
exceed twenty dinars and two hundred
dirhams, and he used to impose the
maintenances. He would not exceed his

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boundaries nor the duties entrusted to

him."86

Different Areas of Authority of the Qadi ‘Aam

There are ten areas where the jurisdiction of the Qadi
‘Aam may apply. These are:

1. Judge of disputes between people, e.g. over

ownership of property (Munaza‘at).
2. Judge of Rights (Huquq).
3. Judge of guardianship, e.g. over the orphan, the
child who is not mature, the child’s money etc.
(Wilayah)
4. Judge of trusts e.g. goods given up for use by
people for the sake of Allah like mosques, fields
etc. (Awqaf)
5. Judge of implementation of the will, i.e.
inheritance (Tanfeedh al-wasiya).
6. Judge who is waliy amr (guardian) of people who
do not have waliy amr, e.g. single women who
want to marry etc. (Tazweej al-ayama)
7. Judge for establishing hadud punishments
(‘Iqamat il hadud).
8. Judge for looking after the interests of the
people, i.e. public interest like if the people were

86
Al-Ahkam al-Sultaniyya

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to dispute about building a railway in the area

etc. (An nazar fi masalih al-nass)
9. Judge who looks into the character of the
witnesses - he has a special court, which verifies
the eligibility of the witnesses (Tasaffahi
shuhud).
10. Judge to solve disputes between the weak and
the strong (Taswia fil hukmi bainal quwi wal-
daeef).

There is also a special type of judge who looks into the

domestic disputes, i.e. between the husband and wife.

The Judge’s Decision is Final

There are no appeal courts and there is no court of
cessation, so the judiciary, as far as the method by
which the cases are treated, is one and the same. If the
judge pronounced a sentence, it would become binding,
and the sentence of another judge would never and
under no circumstances reverse it. The sentence of the
judge cannot be reversed except by him personally and
no other judge could do this. The evidence for this is
derived from the general consensus of the Sahabah, for
Abu Bakr judged in some cases according to his
own ijtihad while ‘Umar did not agree with him, and he
did not reverse his judgements; ‘Ali disagreed with

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‘Umar’s ijtihad but did not reverse his sentences; ‘Ali

differed with Abu Bakr and ‘Umar but their sentencing
was never reversed. The people of Najran came to ‘Ali
and said to him:

"O Amir of the believers, your book is in

your own hands and your pardon is with
your own tongue. He said: Woe to you,
‘Umar was rightly guided and I will not
reverse a judgement pronounced by
‘Umar. "

This is why there are no courts of appeal in Islam, nor

are there courts of cessation. The judiciary from the
adjudication point of view should be of the same level.
The Shari‘ah principle states:

"The ijtihad does not reverse another

ijtihad."

So no mujtahid (scholar) could serve as an authoritative

source for another mujtahid; thus it would be forbidden
to have tribunals that reverse the sentences of other
tribunals.

However, if the judge abandons the rule by the Shari‘ah,

and judges by a rule of disbelief, his judgement would
be false, and also if he judged by a rule that contradicts

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the Shari‘ah (i.e. if he did not have an evidence or even

a doubtful evidence), and there were texts that
contradicted him, then the judgement of the ruler or
the judge should be rejected for the Messenger of Allah
(saw) said,

"Anything that is not derived from our

teaching is rejected."87

And the one who has the power to reject it would be

the judge of the madhaalim (see later).

The Qadi Muhtasib (or Qadi Hisba)

The function of this judge is related to conveying the
Shari‘ah rule by way of compulsion in whatever may
harm the common interest. This type of institution is
also known as the hisba, and it carries out a specific task
within the Islamic State, which is the controlling of the
traders and skilled workers lest they cheat in their trade
or work or in their products, or lest they wrongly use
the weights and measures or any other type of action
that may affect the public rights.

As for the evidence of this judiciary, this is highlighted in

the hadith of the heap of food : It has been reported on
the authority of Abu Hurayrah that the Messenger of
87
Saheeh Bukhari

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Allah (saw) passed by a heap of food, as he put his hand

inside it his fingers got wet, so he said to the vendor:

“What is this? He said : It was dampened

by the rain O Messenger of Allah. He
(saw) said : Why don’t you put it on the
top so that people can see it? He who
cheats us is not one of us.”88

So this was a public right on which the Messenger of

Allah (saw) looked into, and judged that the wet food
should be displayed at the top to prevent cheating. And
this applies to all the common rights or interests that
are of this nature. It does not include the penal code or
the criminal law, for they are not of the same sort, as
they are disputes between people in the first place.

The Mandatory Powers of the Muhtasib

The muhtasib has the power to judge on the offence as
soon as he learns about it, and this could take place on
the spot and in any place; he does not need to be in a
judiciary court. He will have at his disposal a number of
police officers to execute his orders and apply the
sentence on the spot. A judiciary court would not be
required for the muhtasib to look into the case at hand

88
Saheeh Muslim

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as he passes the judgement the moment he is sure that

it took place, and he has the power to judge in any place
and at any time, be it in the market, in the house, or
while riding in the car both day or night.

This is so because the evidence that confirms the need

to have a judiciary court in order to deal with a case
does not apply to the muhtasib, for the hadith which
confirmed such condition states:

'If the two disputing parties sat before

you …'

and this is not applicable to the judge of hisba, for there

is no plaintiff and no defendant, there is only a public
concern that has been violated, or a violation of the
Shari‘ah. Besides, when the Messenger of Allah (saw)
looked into the case of the heap of food, he was at the
time walking in the market and the food was displayed
for sale, he (saw) did not summon the vendor to him,
but as soon as he detected the offence he dealt with it
on the spot. This indicates that the cases of hisba do not
require a judiciary court.

The muhtasib can be given the right to select deputies in

lieu of him. They should fulfil the requirements of
the muhtasib, and he is allowed to assign them to

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different places. These deputies would have the power

to carry out the duties of the hisba in the areas they
have been assigned to and in the cases they have been
delegated for. These deputies must be appointed as full
judges, holding all the mandatory powers given to a
judge.

The legal requirements for those whom the judge

appoints as his deputies are: They must be Muslims,
free, just, mature and faqihs (learned scholars) in the
matters they are assigned to deal with, i.e. they must
have the same requirements of the muhtasib for they are
also judges like him.

The Qadi Madhaalim

The judge of madhaalim is a judge appointed to lift
every madhlama (unjust act) perpetrated by the state
against any person, whether this person were a citizen
of the state or a person living under its authority, and
whether this madhlama were perpetrated by the
Khalifah or those working under him be they rulers or
civil servants.

This is the definition of the judge of madhaalim and the

origin of the judiciary of madhaalim is derived from
reports attributed to the Messenger of Allah (saw) when
he described the unjust acts perpetrated by the ruler

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while ruling over the subjects as being a madhlama. Anas

reported:

"Prices soared during the time of the

Messenger of Allah (saw) so they said to
him: O Messenger of Allah why don't you
introduce pricing? He said: Verily Allah is
the Recipient, the Extender of wealth ,
the Provider, and the Pricer, and I hope
that I will meet Allah (swt) without
having anyone accusing me of having
perpetrated a madhlama against him be
it in blood or in money."

He (saw) therefore judged the pricing as being

a madhlama, for if he had done it, i.e. introduced pricing,
he would have acted without authority.

The madhaalim (unjust acts) were mentioned in

the hadith of the Messenger of Allah (saw) where he
said:

"If I took money from someone, here is

my money, let him take from it, and if I
whipped the back of someone, here is my
back, let him retaliate."

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This indicates that complaints against the ruler, or

the wali or the civil servant should be submitted to the
judge of madhaalim, and the Judge
of madhaalim would convey the Shari‘ah rule by way of
compulsion.

He (saw) also made the issues that affect the common

rights which the state organises for the people as part
of the madhaalim, such as the irrigation of farming lands
by common water in turn; the Messenger of Allah (saw)
looked into the dispute over irrigation that took place
between Al-Zubayr ibn al-Awwam and a man of
the Ansar; he (saw) witnessed it personally and said to
Al-Zubayr:

"You irrigate first O Zubayr and then

the Ansari."

Therefore, any madhlama that occurs on any person,

whether perpetrated by the ruler, or occurring as a
result of the state’s organisation or orders, would be
considered as a madhlama, as gathered from the
two ahadith. The matter would be then referred to the
Khalifah to deal with it or to whoever the Khalifah
appoints as judge of madhaalim to deal with such
matters in lieu of him.

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The Mandatory Powers of the Judge of

Madhaalim
Accounting the Rulers:

The judge of madhaalim has the mandatory powers to

remove any ruler or civil servant, and he also has the
right to remove the Khalifah. The judge of madhaalim has
the right to remove the rulers, for the ruler is appointed
by a contract, known as the appointment contract
(bay‘at al-In‘iqad). It is important to understand that the
court of madhaalim does not act on behalf of the
Khalifah, but is an independent court that is there to
remove any madhlama implemented by the state on any
of its citizens. So if a madhlama occurred in the wilayah of
a certain governor, the court has the right to remove
that madhlama it may have to remove that governor
from office, even if the Khalifah does not agree with the
judgement.

As for its powers to remove the Khalifah, this would also

be a judgement aimed at removing a madhlama, for if a
situation arose that necessitated his removal, or a
situation as a result of which he should be removed,
then his stay in office would be a madhlama, and it is the
court of madhaalim that judges the removal of
a madhlama, so it orders his removal. Therefore, the

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judgement of the court of madhaalim to remove the

Khalifah would be a judgement aimed at removing
a madhlama. This is a principle mechanism that Islam has
defined for regulating and accounting the ruler.

The court of madhaalim has the powers to look into

any madhlama, whether the madhlama were perpetrated
by government employees, or related to the
contradiction of the Shari‘ah by the Khalifah, or the
various Shari‘ah rules adopted by the Khalifah, or
related to the imposing of a tax or any other matter.
This is so because the Messenger of Allah (saw) refused
to fix the prices when the Sahabah requested him to do
so after the prices had soared, and he (saw) considered
price fixing as being a madhlama. This proves if the
action of the ruler contradicted what was right, or
violated the Shari‘ah rules, it would be considered
a madhlama. The Messenger of Allah (saw) was a ruler
over the Muslims and their head of state.

Furthermore, every action that is part of the

government business, performed by any member of the
government, if this action was in contradiction of what
is right, or if it violated the Shari‘ah rules, it would be
considered a madhlama, for that person would be a
deputy to the Khalifah, acting on his behalf according to

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the task assigned to him within the ruling system.

Therefore, the hadith about the pricing indicates that the
offence committed by the Khalifah is a madhlama.

To look into a text from the constitution or the canon,

would be to look into the order of the authorities
(Sultan), since the constitution and the canon represent
the basic laws and since the laws represent the order of
the Sultan, this is also included in the hadith about the
pricing, for it would be like looking into the Khalifah’s
actions; and besides, Allah (swt) says,

‫ُول‬ ِ َّ ‫ازعْ ُت ْم فِي َشيْ ء َفرُ ُّدوهُ إِلَى‬

ِ ‫َّللا َوالرَّ س‬ َ ‫َفإِنْ َت َن‬

"If you dispute about something refer it

to Allah and the Messenger."89

i.e. if you disputed with the people in authority about a

matter, and this dispute was about an article in the
constitution or an article of the law, then it would be a
dispute between the subjects and those in authority
about a rule of Shari‘ah, then it must be referred to
Allah and His Messenger, which means to refer it to the
court of madhaalim, i.e. to the judgement of Allah (swt)
and His Messenger (saw).

89
EMQ 4:59

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

As for the mandatory powers given to the judge

of madhaalim to look into the imposing of a tax, this is
derived from the hadith of the Messenger of Allah (saw)
where he said,

"If I took money from anyone, here is my

money, let him take from it." And he
(saw) also said: "And I hope to meet
Allah Azza wa Jall without having anyone
claiming a madhlama against me,
whether in blood or money."

If the Khalifah took money from the subjects unlawfully,

it would be a madhlama, therefore the court
of madhaalim has the right to investigate tax affairs for it
is money taken from the subjects. Its investigation of tax
collections would be with the aim of ruling whether
those taxes are lawfully imposed by Shari‘ah on the
Muslims, such as the money taken to feed the needy,
which would not be a madhlama; or with the aim of
ruling whether those taxes are not imposed by the
Shari‘ah, such as the monies taken to build a dam that is
not considered to be essential which would therefore
be a madhlama and would have to be removed. This is
why the court of justice has the power to look into the
taxes.

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In the judiciary of madhaalim, the court sitting is

optional, and the summons of the defendant is not
necessary, nor is the presence of a plaintiff; the court
of madhaalim has the right to look into a madhlama even
if nobody filed a claim.

This is so because the evidence that confirms the need

for a judiciary court to look into a case does not apply
for the court of madhaalim for it is not always necessary
to have a plaintiff. The court of madhaalim looks into the
madhlama even if nobody filed a claim, and because it is
not always necessary to summon the defendant, for it
concentrates on the madhlama; therefore the necessity
of a judiciary court, which is deduced from the ahadith of
the Messenger of Allah (saw):

"The two disputing parties sit before the

judge." and: "If the two disputing parties
sat before you."

does not apply to the court of madhaalim. Therefore, the

court of madhaalim reserves the right to look into
the madhlama as it occurs without any restrictions such
as time, place or court sitting.

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The Conditions Required for the Position of

Judge
Anyone taking up the post of judge must be :

1) Muslim
2) Free
3) Mature
4) Sane
5) Just (‘adl)
6) Faqih (learned scholar), able to apply the rules to
the situations
7) They must have the faculty of the three main
senses - sight, hearing and speech.

For the person who takes up the judiciary of madhaalim,

in addition to the conditions mentioned, he must also
be male and a mujtahid (legist), just like the supreme
judge (Qadi al-Qada‘a), for his post is in fact judiciary and
rule where he judges the ruler and executes the
Shari‘ah upon him. Therefore he must be male in
addition to the other conditions for the post of judge.

As well as being faqih he should also be a mujtahid, for

part of the madhaalim that he could be required to look
into is whether the ruler has ruled by other than what
Allah (swt) has revealed, i.e. ruled by a law that has no
Shari‘ah evidence to back it, or in case the evidence he

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used does not relate to the event, and only

the mujtahid can deal with such madhlama. Therefore if
he were not a mujtahid, he would be judging on
something he knows little about or has no knowledge at
all, and that is forbidden. Therefore, in addition to the
conditions of the ruler and those of the judge, he also
should be a mujtahid.

The Appointment of Judges

It is permitted to appoint the judge and the muhtasib in a
general capacity, to judge on all matters all over the
country. It is also permitted to appoint him in a specific
capacity, where the specification could either be
geographic or according to a certain type of judiciary.
This would be in accordance with the actions of the
Messenger of Allah (saw), for he appointed ‘Ali ibn Abi
Talib as judge over Yemen, and Mu‘adh ibn Jabal as
judge over an area of Yemen; he also appointed ‘Amr
ibn al-A'as as judge in one specific matter. This is as far
as the muhtasib and the judge of disputes are concerned.

As for the judge of madhaalim, it is permitted to appoint

him for the whole country or to confine him to a specific
area, for the Messenger of Allah (saw) appointed Rashid
ibn Abdillah as Amir of the judiciary and
the madhaalim over the imara where he was appointed.

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As for the confining of the judge of madhaalim to certain

matters, this is forbidden, for the Messenger of Allah
(saw) did not do so, and because his duty would be to
look into the complaints of the people and remove their
causes, thus specialisation would not be feasible, for the
complaints cannot be partitioned. Also, in addition to
him being a judge looking into the madhaalim, he is also
a ruler in removing the causes of the madhaalim, and the
rule cannot be partitioned. Thus the ruler does not
specialise in the rule, i.e. he cannot be confined to ruling
over certain matters and be restricted from ruling over
other matters, he can only be confined to an area.

When someone is appointed as ruler and he acquires

the mandatory powers and the authority to look into all
matters, it is forbidden to restrict and categorise his
duties of rule. The same applies to the judge
of madhaalim - his appointment would be general as far
as the judiciary is concerned. It is however permitted to
confine him to a specific area just as for the
confinement of the wali to a special wilayah. This would
not be a partition of his rule but a specification of
the wilayah, and no matter where the wilayah is to be
and no matter what its type, the rule of that wilayah
cannot be partitioned. The judge of madhaalim would be
appointed similarly over the wilayah of madhaalim, and

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this wilayah is general, therefore it would be wrong to

partition the domain of his wilayah. This serves as
evidence that he should not be appointed except with a
general appointment as far as the judiciary
of madhaalim is concerned.

Qadi al-Qada‘a - The Judge of Judges

This is a further type of judge who is appointed by the
Khalifah, but who is not concerned with the issues of
the disputes that form the basis of jurisdiction of the
other types of judges. Rather this judge and his
department are responsible for appointing all the
judges on behalf of the Khalifah, and ensuring their
conduct and qualifications are correct and in
accordance with the Shari‘ah.

In this way, the Qadi al-Qada‘a would verify that any

judge fulfils the conditions necessary for his authority to
be valid. He would also look into any areas of injustice
or misapplication of the Shari‘ah that any of the judges
may have been involved in, and he has the authority to
correct and expel any judges involved in corruption.

How the Judges are Removed

The judiciary is one of the Islamic contracts, and any
contract in Islam has two contractors. One is the Islamic
State, represented by the Khalifah, and the other is the

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judge himself. The contract is manifested by an offer

and acceptance.

Accordingly, the position of the judge will be valid as

long as the conditions of the contract exist. Given this,
there are three ways in which a judge can be removed
from authority:

a) The Khalifah removes him - this may be directly,

or through the institution of the Qadi al-Qada‘a.
b) The judge resigns.
c) The judge loses one of the conditions to be
judge, e.g. he becomes blind or becomes
untrustworthy.

Punishments
Here are the basic outlines of the structure of the
Judicial system of the Islamic State. Their details provide
comprehensive guidelines for both the structure and
function of the judiciary, in such a way as to ensure that
the objectives of justice under Islam are fulfilled.
However, it is not only by means of guidance and
clarification of the divine rules that the system
maintains its integrity. It has at its disposal the means of
effectively enforcing the decisions and judgements that
are arrived at by the courts - the punishment (al-
‘Uqubat).

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Conclusion
The judiciary in the Islamic State was the richest source
of jurisprudence and judicial works of any period of
man. The libraries of Baghdad and Kufah (capitals of the
Islamic State) boasted collections of tens of thousands
of books and articles covering all aspects of legislation in
the daily affairs of man, and the study of fiqh (Islamic
law). Such was the extent of study and regard for this
crucial aspect of the deen of Islam.

Sadly today this legacy has been all but lost to the minds
of Muslims and non-Muslims throughout the world.
Nowhere is the Justice of Islam prevalent as the ruling
force and as a result, the world is engulfed in turmoil,
where justice can be bought and abused by any who
own the power to do so. Only when Islam is
implemented again in its entirety, will the world return
to the glorious state it enjoyed under the Khilafah.

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4.6 Penal Code – Nizaam al

Uqubaat

What is the purpose of the penal code in Islam in terms

of the Shariah politics? There are five purposes of the
Shariah (Maqaasid al Shariah) and there are also five
purposes of the penal code (Maqaasid ul Uqubaat). The
penal code in the Shariah seeks to achieve five aims.

Tahqeeq Al Imaan Fil Mujtama’ – to establish

imaan (faith) in the society.
The imaan of any servant will never be established until

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

a) He seeks judgement from the shariah and

b) Refrains from seeking judgement from any other
law.

Allah (swt) says,

ْ‫ْك َو َما أ ُ ْن ِز َل مِن‬َ ‫ُون أَ َّن ُه ْم آ َم ُنوا ِب َما أ ُ ْن ِز َل إِلَي‬

َ ‫ِين َي ْز ُعم‬ َ ‫أَلَ ْم َت َر إِلَى الَّذ‬
‫ت َو َق ْد أ ُ ِمرُوا أَنْ َي ْكفُرُ وا‬ ِ ‫الطا ُغو‬َّ ‫ون أَنْ َي َت َحا َكمُوا إِلَى‬ َ ‫َق ْبل َِك ي ُِري ُد‬
ً ‫ض َل ًَل َبع‬
‫ِيدا‬ َ ‫ْطانُ أَنْ يُضِ لَّ ُه ْم‬ َ ‫ِب ِه َوي ُِري ُد ال َّشي‬

“Have you seen those who falsely claim

to believe in what has been sent down to
you and what has been revealed before
you and yet they want to seek arbitration
from Taghoot while they were ordered to
reject them, the shaytan wishes to turn
you away to clear misguidance … ”90

So this verse indicates that seeking judgement from

other than the shariah will negate the Imaan; and in
contrast, establishing justice by judging by and
implementing the Shariah implants Imaan in the society
and that is the role and responsibility of those in
authority practising Shariah politics.

90
EMQ 4:60

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

َ ‫ُول َرأَي‬
‫ْت‬ َّ ‫َوإِ َذا قِي َل لَ ُه ْم َت َعالَ ْوا إِلَ ٰى َما أَ ْن َز َل‬
ِ ‫َّللا ُ َوإِلَى الرَّ س‬
‫ودا‬ ُ ‫ون َع ْن َك‬
ً ‫ص ُد‬ َ ‫ص ُّد‬ ُ ‫ِين َي‬َ ‫ْال ُم َنا ِفق‬
“… and when it is said to them, come to
what Allah has revealed and to the
Messenger, you see the hypocrites turn
their faces in disgust.”91

Shaytan wishes to take the society and those in

authority away from this purpose; away from the
shariah rules and he wishes to turn the people against
it. Allah (swt) also says,

“No! By your Lord, they are not believers

until they seek judgements only with you
in whatever they differ, and find no
difficulty in your decision within their
chests and (until) they submit to it
fully.”92

Allah (swt) utilised terms negating the faith of those

who do not seek exclusive judgement from the Shariah.
Emphasising it twice in the start of this verse.

91
EMQ 4:61
92
EMQ 4:65

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

He (swt) further added conditions to the validity of

Imaan including

a) an absence of any internal disagreement or

dislike for the Shariah rules and
b) Accepting and submitting fully to the decision of
the Shariah.

Deterring the criminals,

& Preserving the needs of the people and reforming the
society and establishing reconciliation between the
people

In order to deter criminals from committing crimes, the

authorities must establish a clear system of
punishments and discipline.

In any organisation, big or small, even on the smallest

scale of a group engaged in a collective duty or a family
household, it is necessary to establish a system of
enforcing rules and disciplining members who
misbehave.

So this purpose of the penal code aims to reform the

people and purify the society from crimes and
transgression. Uthman bin Affan said,

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“Allah will deter people by the authority

(Sultan) from that which the people are
not deterred by the Qur’an.”

Some people may not fear Allah (swt), or have a hard

heart that is unaffected by the warnings of the Qur’an
and so nothing deters them besides the threat of
worldly punishments by the authorities. In fact there
are some people who fear those in authority more than
they fear hellfire.

This policy is also used in war against those (Harbis) who

fight against Muslims, Allah (swt) ordered us to fight the
aggressors from the enemies of: the Muslims with
Tankeel. Tankeel means to be harsh with them and
stern to deter them from attacking the Muslims and
even to deter those that they left behind them –
whether in their homelands or other nations that might
consider invading or attacking the Muslims in the
future. Allah (swt) says,

َ ‫رِّد ِب ِه ْم َمنْ َخ ْل َف ُه ْم لَ َعلَّ ُه ْم َي َّذ َّكر‬

‫ُون‬ ِ ْ‫َفإِمَّا َت ْث َق َف َّن ُه ْم فِي ْال َحر‬
ْ ‫ب َف َش‬

“So if you gain the mastery over them in

war, punish them severely in order to

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

disperse those who are behind them, so

that they may learn a lesson.”93

Sadly, despite the fact that Islam lays conditions and

restrictions upon this deterrence with strict rules, the
enemies of Islam seek to achieve the same deterrence
policy against Muslims through terrorism, torture, rape
and all manners of atrocities to strike fear in the hearts
of Muslims and to deter them from rising against their
tyranny and oppression and to deter them from seeking
to establish the Shariah in the Earth again. These
methods are completely prohibited in Islam. This is why
it is essential to have a clearly defined penal code that
doesn’t allow people to go beyond the limit.

In terms of the Shariah politics, It is not only for the

enemy in war, but it is also necessary to use a
deterrence policy even with Muslims who commit
crimes in the society. The penal code in Islam is to
achieve and preserve life, not to destroy it like the
policies of dictators. Allah (swt) says,

ِ ‫اص َح َياةٌ َيا أُولِي ْاْلَ ْل َبا‬

َ ُ‫ب لَ َعلَّ ُك ْم َت َّتق‬
‫ون‬ َ ‫َولَ ُك ْم فِي ْالق‬
ِ ‫ِص‬

93
EMQ 8:57

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

“There is for you in the Qisaas

(punishments), life! O people of
understanding, so that you might be
pious.”94

Establishing a penal code, makes the people’s life

better. It will deter the faasiq and safeeh, there are
many people who contemplate committing crimes and
taking the rights of others, but stop themselves only out
of fear of being caught, arrested and punished.

Ibn Jareer in Jaami’ al bayaan, explained this verse

saying,

“O people of shrewd minds! What I oblige

upon you to punish some over others, will
deter them and others from committing
crimes, and will preserve the lives of the
people in the society. By doing that you
will live settled lives.”95

Ibn Qayyim said,

“If there was no penal code in the society,

there would be complete mischief and

94
EMQ 2:179
95
Jaami’ al bayaan

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corruption in the earth and people would

fight and kill each other, and would have
no stability. Therefore the penal code in
Islam aims to deter that mischief and to
preserve life and honour and wealth.
Allah (swt) has legislated for us the penal
code as a blessing (ni’mah).”

The penal code is a blessing, a purification for the

murderer and justice for the murdered. Allah (swt) says,

‫الزانِي َفاجْ لِ ُدوا ُك َّل َواحِد ِم ْن ُه َما مِا َئ َة َج ْلدَ ة ۖۚ َو ََل َتأْ ُخ ْذ ُك ْم‬ َّ ‫الزا ِن َي ُة َو‬
َّ
ِ َّ ‫ون ِب‬ ِ َّ ‫ِين‬ ْ
ۚۖ ‫اّلل َو ْال َي ْو ِم ْاْلخ ِِر‬ َ ‫َّللا إِنْ ُك ْن ُت ْم ُت ْؤ ِم ُن‬ ِ ‫ِب ِه َما َرأ َف ٌة فِي د‬
َ ‫َو ْل َي ْش َه ْد َع َذا َب ُه َما َطا ِئ َف ٌة م َِن ْالم ُْؤ ِمن‬
‫ِين‬
“The fornicatress and fornicator, lash each one of them
100 lashes, and do not have any Ra’fah for either of
them in implementing the law of Allah if you are really
believers in Allah and the Last day And let a party of the
believers witness their punishment."96

Ra’fah is the first part of mercy, meaning here, to

pardon or overlook the crimes. People have in their
human nature, an instinct to have ra’fah – being
compassionate and leaving the person without a

96
EMQ 24:2

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

punishment or to lessen the punishment so that he/she

does not feel so much pain. Allah (swt) warned against
giving in to this temptation, whoever the perpetrator is,
as doing so will lead to injustice and inequality and will
fail to deter him/her from repeating their crime.

So the governors and people of authority must be stern

and firm in executing the penal code and take control
over his heart and emotions. That is because the penal
code is not about satisfying the hearts of the rulers and
governors or meeting their desire for revenge, but to
establish order and reformation in the society.

Abandoning the punishment out of compassion is in fact

harmful for the perpetrator as they will never change or
reform their lives, rather to establish the punishment
firmly without compromise is the greater mercy for
them, and establishes clear boundaries and informing
him and others of severe consequences for their
transgressions.

This is similar to the parents who discipline their own

young children. It is not to vent their anger but to
educate and teach them out of the greatest love for
them. Despite the fact that their child may feel unhappy
momentarily and the instinct of the parents is to have
mercy and console their child, they have to restrain

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their emotions and discipline their child for their own

good.

Similarly, a doctor may prescribe tests, medicines or

even surgery that may be bitter, painful or even cause
permanent disfigurement such as amputations.
However, these all may be necessary to preserve the life
or cure and better a person’s state due to their sever
illness. In the same way, the penal code seeks to
preserve and save the lives of the people in the society
by punishing a few criminals and thereby deterring the
entire society from committing crimes and harming
each other as a whole.

َ ‫َو ْل َي ْش َه ْد َع َذا َب ُه َما َطا ِئ َف ٌة م َِن ْالم ُْؤ ِمن‬

‫ِين‬
“… and let a portion of the believers
witness their punishment.”97

That is why, it is not sufficient to simply punish the

perpetrators and deter them alone from future
offences, but Allah (swt) orders that some of the
believers should witness the punishment so that they
too will be deterred and the news of the consequences
of such crimes spread throughout the society.

97
EMQ 24:2

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Al Uqoobah
Al Uqoobah (Punishment) can be categorized as two
types:

a) Al Uqoobah Al Mughallazah – a major form of

harsh punishment such as death by stoning or
beheading, or amputation of the hand.

These are very few and are reserved for severe crimes
such as married adultery, homosexual acts, intentional
murder, rape, burglary, highway robbery etc.

People who commit some of these crimes are tempted

by the massive enjoyment – Sakratush shahwah or
sakratul Faahishah – the frenzy of desires or frenzy of
lust. This pull factor must be countered by the fear of
severe punishment if people are ever to be reformed
and deterred from them. Allah (swt) described how the
people of Lut (as) suffered from this temptation and
frenzied lust for committing homosexual acts,

ۚۚ ‫ت‬ َ ُ ‫ُون إِلَ ْي ِه َومِنْ َق ْب ُل َكا ُنوا َيعْ َمل‬

ِ ‫ون ال َّس ِّي َئا‬ َ ‫َو َجا َءهُ َق ْو ُم ُه ُيه َْرع‬
َّ ‫َقا َل َيا َق ْوم ٰ َهؤُ ََل ِء َب َناتِي هُنَّ أَ ْط َهرُ لَ ُك ْم ۖۚ َفا َّتقُوا‬
ِ ‫َّللاَ َو ََل ُت ْخ ُز‬
‫ون‬ ِ
ُ ْ
‫ْس ِمنك ْم َر ُج ٌل َرشِ ي ٌد‬ َ َ
َ ‫ض ْيفِي ۖۚ ألي‬ َ ‫فِي‬
“His people rushed to him hurrying in a
frenzy, and they were used to committing

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crimes. He (as) said to them, “O my

people, here are my daughters (i.e. there
are women to marry instead of
committing homosexual acts), they are
purer for you! So fear Allah and do not
dishonour my guest, is there no righteous
man among you?””98

So to deter people in counter to this lust, Allah (swt)

prescribed a severe punishment for the people of Lut by
stoning them from the heavens and raising the city to a
height and throwing them back to Earth. Similarly, the
capital punishment in the Shari’ah for the same acts
emulate this punishment to provide a strong deterrent.

َ ‫رُك إِ َّن ُه ْم لَفِي َس ْك َرت ِِه ْم َيعْ َمه‬

‫ُون‬ َ ْ‫لَ َعم‬
“By your life, [O Muhammad], indeed
they were, in their intoxication,
wandering blindly”99

b) Al Uqoobah Al Mukhaffafah – a lighter form of

punishment such as lashes with a small stick or
grass.

98
EMQ 11:78
99
EMQ 15:72

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

These include most other crimes such as consuming

drugs and alcohol, perjury, unmarried fornication etc.

Increasing the Barakah

Whenever the punishment system is implemented, the
barakah of all the rizq will be increased in the entire
society whenever the people refrain from committing
sins and crimes, and they stop those among them that
commit crimes and establish justice upon them.

Refraining from the disobedience and establishing the

Shariah punishments will result in the injection of
provisions and blessings into that society that they
never expected or imagined,

‫َولَ ْو أَ َّن ُه ْم أَ َقامُوا ال َّت ْو َرا َة َو ْاِلِ ْن ِجي َل َو َما أ ُ ْن ِز َل إِلَي ِْه ْم مِنْ َرب ِِّه ْم َْلَ َكلُوا‬
ٌ‫ت أَرْ جُ ل ِِه ْم ۚۚ ِم ْن ُه ْم أُم ٌَّة ُم ْق َتصِ دَ ةٌ ۖۚ َو َكثِير‬ ِ ْ‫مِنْ َف ْوق ِِه ْم َومِنْ َتح‬
َ ُ‫ِم ْن ُه ْم َسا َء َما َيعْ َمل‬
‫ون‬
“If only they had stood fast by the Law,
the Gospel, and all the revelation that
was sent to them from their Lord, they
would have eaten (provisions) from
above them and below their feet. There is
from among them a party on the right

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

course: but many of them follow a course

that is evil.”100

Allah also said,

‫َولَ ْو أَنَّ أَهْ َل ْالقُ َر ٰى آ َم ُنوا َوا َّت َق ْوا لَ َف َتحْ َنا َعلَي ِْه ْم َب َر َكات م َِن ال َّس َما ِء‬
َ ‫ض َو ٰلَكِنْ َك َّذبُوا َفأ َ َخ ْذ َنا ُه ْم ِب َما َكا ُنوا َي ْكسِ ب‬
‫ُون‬ ِ ْ‫َو ْاْلَر‬
“If the people of the towns had but
believed and feared Allah, We should
indeed have opened out to them (All
kinds of) blessings from heaven and
earth; but they rejected (the truth), and
We brought them to book for their
misdeeds.”101

The Prophet (saw) said,

“For one Hudood punishment to be

established in the earth, is better for the
people of the earth than rain to fall for 40
days (in one narration, 40 seasons).”

Tat-heer – purification for the society

It is purification for the criminal from his sins and
crimes, and purification for the society. If you punish
100
EMQ 5:66
101
EMQ 7:96

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

one crime, it is better for the people of the entire earth

than rain for 40 days. The purification and benefits for
the society in punishing one criminal is greater than the
benefits and purification by the rain.

Tat-heer has two meanings here. It means to clean the

dirty thing, and also to reform or make someone
recover from sins.

The punishment is purification and kaffarah for the

criminal from his sin.

Ubadah bin Saamit narrated

“I gave the pledge of allegiance to the

Prophet with a group of people, and he
(saw) said, "I take your pledge that you
will not worship anything besides Allah,
will not steal, will not kill your children,
will not slander others by forging false
statements and spreading it, and will not
disobey me in anything good. And
whoever among you fulfils all these
(obligations of the pledge), his reward is
with Allah. And whoever commits any of
the above crimes and receives his legal
punishment in this world that will be his

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

expiation and purification. But if Allah

screens his sin, it will be up to Allah, Who
will either punish or forgive him
according to His wish." Abu Abdullah
said: "If a thief repents after his hand has
been cut off, then his testimony will be
accepted. Similarly, if any person upon
whom any legal punishment has been
inflicted, repents, his witness will be
accepted."102

And he (saw) quoted the verse,

َ ‫اب َج َه َّن َم ۖۚ إِنَّ َع َذا َب َها َك‬

‫ان‬ َ ‫ون َر َّب َنا اصْ ِرفْ َع َّنا َع َذ‬
َ ُ ‫ِين َيقُول‬
َ ‫َوالَّذ‬
‫َغ َرامًا‬

‫ت مُسْ َت َق ًرا َو ُم َقامًا‬

ْ ‫إِ َّن َها َسا َء‬

‫ان َبي َْن ٰ َذل َِك َق َوامًا‬

َ ‫ِين إِ َذا أَ ْن َفقُوا لَ ْم يُسْ ِرفُوا َولَ ْم َي ْق ُترُوا َو َك‬
َ ‫َوالَّذ‬

‫س الَّتِي َحرَّ َم‬ َ ‫ون ال َّن ْف‬ َ ‫َّللا إِ ٰلَهًا‬

َ ُ ‫آخ َر َو ََل َي ْق ُتل‬ ِ َّ ‫ُون َم َع‬
َ ‫ِين ََل َي ْدع‬ َ ‫َوالَّذ‬
‫ون ۚۚ َو َمنْ َي ْف َع ْل ٰ َذل َِك َي ْل َق أَ َثامًا‬ َّ
َ ‫َّللاُ إِ ََّل ِب ْال َح ِّق َو ََل َي ْز ُن‬
“And those who say: "Our Lord! Avert
from us the torment of Hell. Verily! Its
torment is ever an inseparable,

102
Saheeh Bukhari

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

permanent punishment." Evil indeed it

(Hell) is as an abode and as a place to
dwell. And those, who, when they spend,
are neither extravagant nor niggardly,
but hold a medium (way) between those
(extremes). And those who invoke not
any other ilah (god) along with Allah, nor
kill such life as Allah has forbidden,
except for just cause, nor commit illegal
sexual intercourse and whoever does this
shall receive the punishment.“103

Establishing justice in the earth

The penal code helps the Shariah of Allah to be
established in the earth. Allah (swt) says,

ِ ‫َّللا َيأْمُرُ ُك ْم أَنْ ُت َؤ ُّدوا ْاْلَ َما َنا‬

‫ت إِلَ ٰى أَهْ لِ َها َوإِ َذا َح َك ْم ُت ْم َبي َْن‬ َ َّ َّ‫إِن‬
َ َّ َّ‫ِظ ُك ْم ِب ِه ۗۚ إِن‬
َ ‫َّللا َك‬
‫ان‬ َ َّ َّ‫اس أَنْ َتحْ ُكمُوا ِب ْال َع ْد ِل ۚۚ إِن‬
ُ ‫َّللا ِن ِعمَّا َيع‬ ِ ‫ال َّن‬
‫َس ِميعً ا بَصِ يرً ا‬
“Allah commands you to render back the
Trusts to those to whom they are due;
And when you judge between people,
that you judge with justice: Verily how

103
EMQ 25:65-68

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excellent is the teaching which He gives

you! For Allah is He Who hears and sees
all things. “104

Establishing the justice, results in people receiving their

lost rights and the return of trusts. Allah (swt) says,

‫ف‬ َ ‫ْن َو ْاْلَ ْن‬ ِ ‫س َو ْال َعي َْن ِب ْال َعي‬

ِ ‫س ِبال َّن ْف‬ َ ‫َو َك َت ْب َنا َعلَي ِْه ْم فِي َها أَنَّ ال َّن ْف‬
ْ‫صاصٌ ۚۚ َف َمن‬ َ ‫رُوح ِق‬ َ ُ‫ِب ْاْلَ ْنفِ َو ْاْل ُ ُذ َن ِب ْاْل ُ ُذ ِن َوالسِّنَّ ِبالسِّنِّ َو ْالج‬
‫ِك ُه ُم‬ َ ‫َّللاُ َفأُو ٰلَئ‬
َّ ‫ارةٌ لَ ُه ۚۚ َو َمنْ لَ ْم َيحْ ُك ْم ِب َما أَ ْن َز َل‬ َ ‫ص َّد َق ِب ِه َفه َُو َك َّف‬ َ ‫َت‬
‫ُون‬
َ ‫الظالِم‬ َّ

“And We ordained for them therein a life

for a life, an eye for an eye, a nose for a
nose, an ear for an ear, a tooth for a
tooth, and for wounds is legal retribution.
But whoever gives [up his right as]
charity, it is an expiation for him. And
whoever does not judge by what Allah
has revealed - then it is those who are the
wrongdoers.”105

The penal code restores equilibrium and justice in

society by removing the inequality cause by criminals

104
EMQ 4:58
105
EMQ 5:45

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who transgress upon others. Even the Christian Najashi

of Abyssinia would rule by the Gospel and so was able
to be a just ruler as he ruled by the revealed laws
without legislating man made laws – for this reason, the
Prophet (saw) described him as a Christian king that was
just and ordered his companions to seek asylum with
him.

Any kufr law will establish injustice in the earth and

increase the spread of Faahishah, sins and crimes and
corruption in the Earth.

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4.7 Education in Islam

Education in Islam is very important, that is part of the
Shari'ah politics. The most important thing that must be
considered in education and teaching the people is
Tawheed. The governors and rulers must be engaged
and eager to teach the people the book of Allah (swt)
and the Sunnah of the Messenger (saw) and to call the
people to Tawheed.

Allah (swt) described the Messenger (saw) as the one

who teaches his ummah and gives them a reference or
purifies them.

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‫ِيه ْم َرسُوَلً مِّنْ أَنفُسِ ِه ْم َي ْتلُو‬

ِ ‫ثف‬ َ ‫ِين إِ ْذ َب َع‬َ ‫لَ َق ْد َمنَّ َّللا ُ َعلَى ْالمُؤ ِمن‬
‫اب َو ْالح ِْك َم َة َوإِن َكا ُنو ْا مِن َق ْب ُل‬
َ ‫يه ْم َوي َُعلِّ ُم ُه ُم ْال ِك َت‬
ِ ‫َعلَي ِْه ْم آ َياتِ ِه َوي َُز ِّك‬
)4:9:2( ‫ُّبين‬
ِ ‫ضلل م‬ َ ‫لَفِي‬

"Allah favoured upon the believers that

he sent to them a messenger from among
them to purify them and teach them the
book of Allah and the Sunnah even
though they used to be in misguidance
before."106

So Allah favoured this ummah with a nabi that teaches

and purifies them and gives them the good reference.
Allah (swt) says,

َ ‫ك َوي َُعلِّ ُم ُه ُم ْال ِك َت‬

‫اب‬ َ ‫ِيه ْم َرسُوَلً ِّم ْن ُه ْم َي ْتلُو َعلَي ِْه ْم آ َيا ِت‬ ِ ‫ثف‬ ْ ‫َر َّب َنا َواب َْع‬
‫الحكِي ُم‬
َ ‫يز‬ ُ ‫الع ِز‬ َ ‫نت‬ َ َ‫ك أ‬ ِ ‫َو ْالح ِْك َم َة َوي َُز ِّك‬
َ ‫يه ْم إِ َّن‬
"Our Lord, and send among them a
messenger from themselves who will
recite to them Your verses and teach
them the Book and wisdom and purify

106
EMQ 3:164

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them. Indeed, You are the Exalted in

Might, the Wise."107

ِ ‫ُوَل ِّم ْن ُه ْم َي ْتلُو َعلَي ِْه ْم آ َيا ِت ِه َوي َُز ِّك‬

‫يه ْم‬ َ ‫ث فِي ْاْل ُ ِّمي‬
ً ‫ِّين َرس‬ َ ‫ه َُو الَّذِي َب َع‬
‫ض َلل‬ َ ‫اب َو ْالح ِْك َم َة َوإِن َكا ُنوا مِن َق ْب ُل لَفِي‬ َ ‫َوي َُعلِّ ُم ُه ُم ْال ِك َت‬
):4:4( ‫ُّبين‬ ِ‫م‬

"He is the one who sent to the illiterate

people a Messenger to recite to them our
verses and purify them and to teach them
the book and the hikmah (sunnah) while
they used to be in clear misguidance
before."108

Allah (swt) declared his favour as the fact that he sent a

Prophet from among ourselves who would recite the
Qur'an and teach his companions. Umar bin Khattab
explained how the Prophet (saw) explained and taught
a man.

While we were one day sitting with the

Messenger of Allah (saw), there appeared
before us a man dressed in extremely

107
EMQ 2:129
108
EMQ 62:2

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white clothes and with very black hair. No

traces of journeying were visible on him,
and none of us knew him. He sat down
close by the Prophet (saw), rested his
knee against his thighs, and said, "O
Muhammad! Inform me about Islam."

The Messenger (saw) said, "Islam is that

you should testify that none has the right
to be worshipped except Allah and that
Muhammad is His Messenger, that you
should perform salah, pay the Zakah, fast
during Ramadan, and perform Hajj to the
House, if you are able to do so."

The man said, "You have spoken truly."

We were astonished at his questioning
him (the Messenger) and telling him that
he was right, but he went on to say,
"Inform me about iman."

The Prophet (saw) answered, "It is that

you believe in Allah and His angels and
His Books and His Messengers and in the
Last Day, and in qadr (fate), both in its
good and in its evil aspects." He said,
"You have spoken truly."

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Then he (the man) said, "Inform me

about Ihsan." the Prophet (saw)
answered, "It is that you should worship
Allah as though you could see Him, for
though you cannot see Him yet know that
He sees you."

He said, "Inform me about the Hour." The

Prophet (saw) said, "About that, the one
questioned knows no more than the
questioner." So he said, "Well, inform me
about the signs thereof." He said, "They
are that the slave-girl will give birth to
her mistress, that you will see the
barefooted, naked, destitute, the
herdsmen of the sheep competing with
each other in raising lofty buildings."
Thereupon the man went off. I waited a
while, and then the Prophet (saw) said,
"O Umar, do you know who that
questioner was?" I replied, "Allah and His
Messenger know best." He said, "That
was Jibril (as). He came to teach you your
Deen.""109

109
Saheeh Muslim

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This hadith lays down the foundation of the education

system in Islam.

"O Allah be the witness that I sent the

governor to the cities to defend them ...
to teach the people the deen of Allah and
the Prophets..."

The duty of the Islamic state is to prepare the good

da'ees and teachers that will teach the people and
explain the matters to them. Mu'adh bin jabal said,

"The Messenger (saw) sent me to a

people of the book and he told me "let
the first thing you call them to that there
is none worthy of worship besides Allah
and if they believe in that then order
them to pray 5 times a day, if they listen
to you tell them to pay zakat from the
rich among them to the poor among
them and if they listen to you then fear
Allah regarding them and beware of the
du'aa of the oppressed because there is
no barrier between it and Allah."

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Aswad ibn Yazeed narrated

"Muadh came to us in the mountain of

Yemen as a teacher and a governer, we
asked him about a man who left behind a
daughter and a sister, so he gave the
daughter half and the sister half."110

Anas ibn Maalik reported,

“We were forbidden to ask the Prophet of Allah (saw)

anything (except for a necessity). Thus, it pleased us if
an intelligent person from the Bedouins would come to
ask the Prophet (saw) and we could listen. While we
were sitting with the Prophet of Allah(saw) in the
mosque, a Bedouin man entered upon his camel and sat
it down in the mosque and then tied it. He then asked
them: ‘Which one of you is Muhammad?’ The Prophet
(saw) was sitting amongst them, so they said: ‘This fair-
complexioned man who is reclining.’ The man said to
him, ‘O son of ‘Abd Al-Muttalib!’ The Prophet of Allah
(saw) said: ‘Go ahead.’ The man said: ‘I am going to ask
you and I will be direct in the way I ask so do not

110
Saheeh Bukhari

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

become angry with me.’ The Prophet (saw) replied: ‘Ask

what you wish.’

He said: ‘O Muhammad, your messenger came to us and

told us that you claim that Allah had sent you (as a
prophet). He (saw) said: ‘He told the truth.’ He (the
Bedouin) said: ‘Who created the heavens?’ He (saw)
replied: ‘Allah.’ The Bedouin said: ‘Who created the
earth?’ He (saw) replied: ‘Allah.’ He said: ‘Who raised
these mountains and who created in them whatever is
created there?’ The Prophet (saw) replied: ‘Allah.’ The
Bedouin said: ‘By the One Who created the heaven and
created the earth and raised these mountains, has Allah
sent you?’ The Prophet (saw) said: ‘Yes.’

The Bedouin said: ‘Your messenger also told us that five

prayers are obligatory for us in our day and the night.’
He (saw) replied: ‘He told you the truth.’ He (the
Bedouin) said: ‘By Him Who sent you, is Allah the one
who ordered you with this?’ He (saw) said: ‘Yes.’ The
Bedouin said: ‘Your messenger told us that Zakaah had
been made obligatory in our wealth.’ He (saw) said: ‘He
has told the truth.’ The Bedouin said: ‘By Him Who sent
you, is Allah the one who ordered you with this?’ The
Prophet (saw) said: ‘Yes.’

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The Bedouin said: ‘Your messenger told us that it had

been made obligatory for us to fast every year during
the month of Ramadan.’ He (saw) said: ‘He has told the
truth.’ He said: ‘By the One who sent you, is Allah the
one who ordered you with this?’ He (saw) said: ‘Yes.’ He
said: ‘Your messenger also told us that Hajj to the House
had been made obligatory for whoever is able.’ He (saw)
said: ‘He has told the truth.’ The man turned away and
said: ‘By Him Who sent you with the Truth, I will neither
add anything to them, nor diminish anything from
them.’ The Prophet (saw) said: ‘If he is truthful, he will
enter Paradise.’"111

The companions used to ask the Messenger (saw) to lay

down for them the education policies. They came to the
Prophet (saw) saying

"send to us some companions to teach us

..." the Prophet (saw) sent 70 companions
to teach them the Qur'an, but they were
betrayed and killed and Hiraab ibn
Milhaan, the uncle of Anas was stabbed

111
Musannaf ibn Abi Shaybah

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in the back and he shouted "I am

successful by the Lord of the Ka'bah"112

So it is a duty for the state to provide education to the

people in all matters, in trade, agriculture,
manufacturing, personal systems etc. This is why the
Prophet (saw) praised those who teach the people as a
higher level.

The Prophet (saw) said,

"The best among you is the one who

learns the Qur'an and teaches it"

and,

"whoever Allah wishes for him good, he

makes him faqeeh in the deen."

The Prophet (saw) said,

"seeking knowledge is fardh upon every

Muslim"113

This is the responsibility of every Muslim and the

responsibility of the state to provide education based
on the Islamic principles.
112
Saheeh Muslim
113
Sunan ibn Majah

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Education in the Khilafah

Today the Muslim world is plagued by astonishingly high
levels of illiteracy, e.g. Pakistan and Bangladesh. The
Messenger of Allah (saw) tackled head on the issue of
illiteracy amongst Muslims. He (saw) made the ransom
of each prisoner at Badr to teach ten Muslims how to
read. The Islamic state would strive to ensure every
Muslim thus turns into either a scholar (mujtahid) or a
learner (muttabi'i).

During most of Islamic history, every major city within

the Khilafah possessed public and private libraries.
Libraries such as Cordoba and Baghdad boasted
collections of over 400,000 books. Arabic became the
most important scientific language due to translation of
works of Aristotle, Plato, Pythagorean school, Greek
astronomy, Ptolemy and Euclid. Muslim scholars
discussed and refuted many of the ideas of these
scholars, e.g. Imam Ghazzali's 'Tahafut al-Falasifah'
('Refutation of the Philosophers') and Ibn Taymiyya's
'Kitab ul Ibtal' ('Book of Invalidity').

The Muslims use of the Zero, which was previously

absent in mathematical sciences enabled great
advances, solving problems that for centuries remained
unsolved. Muslim mathematicians devised and

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

developed algebra, and the concept of algorithms were

thought up (and named after) Al-Khwarizmi, a famous
Muslim scholar who lived in the Islamic State.

The Khilafah state would ensure the provision of free

education to every male and female (Muslim and non-
Muslim) at both primary and secondary levels.
Education at higher levels would be encouraged and the
state would help in funding those who wish to do so as
much as possible.

The Khilafah state would set up libraries and

laboratories in other than the schools and colleges in
order to enable those who wish to take up further
studies to do so, in various subjects such as fiqh, hadith
and tafseer, or medicine, civil engineering, pure
sciences etc.

Medicine
Muslim physicians developed many surgical instruments
to perform operations, as well as describing countless
other aspects of medical science, such as :

Al-Razi used alcohol as an antiseptic, and found a

treatment for smallpox in the 10th century.

Ibn Sina diagnosed and treated meningitis in the 11th

century, and his textbook of medicine (Al-Qanun) was

230
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

used as a standard reference in Europe for centuries

after.

Ibn al-Nafis described the minor circulation of blood in

the 14th century.

The words 'Retina' and 'Cataract' derive from Arabic.

Muslims were expert in ophthalmology, and explained

the workings of the eye, and devised surgical
procedures to remedy cataracts during the 13th century
(all CE).

Science
Science flourished under the Islamic Education system.
Al-Khawarizmi has been credited as “The father of the
scientific method” – employed as the bedrock of
scientific discovery until today in the modern world. The
Muslims were the most advanced in the world in fields
such as:

 mathematics,
 geometry,
 optics,
 astronomy,
 medicine,
 physics,

231
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

 natural sciences,
 engineering and many others.

The Khalifah Harun al-Rashid would punish parents who

had not ensured that their children had learned to read
and pronounce Arabic. He also provided financial
incentives for any who would teach, learn, propagate or
debate issues of the deen.

The Muslims' Educational Institutions

 Al-Katatib: Which is the plural of kuttab, is the
place where the Qur'an writing and calculating
are taught. These katatib were present
throughout the reign of the Islamic State in the
cities and villages.
 The Mosques: The scholars and the hadith
experts used to hold study circles in the majestic
central mosques, where they used to sit and
teach or debate matters of fiqh, tafseer,
language and hadith; these used to be attended
by their pupils.
 The Qur'an centres: The first to establish a
separate centre for the teaching of Qur'an was
the receptor Rasha ibn Nathif al-Dimashqi, and
that was in Damascus in the year 400 Hijri.

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 The Hadith centres: The first to establish a

centre specialising in the teaching of hadith was
al-Malik al-Adil Nureddine Mahmud al-Zanki, in
Damascus as well.
 The Schools: These were established in the fifth
century of Hijrah in Damascus; there was a
school for every subject such as the school of
civil engineering in Damascus and the school of
medicine.
 The Universities: These were established in the
middle of the fifth century Hijri. Al-Hakam ibn
Abdul Rahman established the university of
Cordoba which was one of the most famous
centres of education at the time. Other
universities were established in many places
such as the Mustansiryya university in Baghdad.

Students from all over Europe sought admission to

these types of institutions. These universities educated
many scholars who played an influential part in what
the world of science has reached today in terms of
inventions, such as Al-Khwarizmi, Ibn al-Haytham, Ibn
Sina, Jabir ibn Hayyan, Al-Razi and others.

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4.8 Media Policy in Islam

When we speak about I'laam, we are talking about
da'wah and conveying and proclaiming the message of
Allah (swt) publicly. It is a duty to use all means
available to us to proclaim and convey the message of
Allah (swt).

Including to declare the message that the authority and

power cannot be in the hands of anybody except the
Muslims who will rule by whatever Allah (swt) revealed.
The media platform is a minbar; a platform for every
Muslim to purify the society from the shirk, corruption
and corrupted values; in order to expose the enemy and

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

their plots, to incite the people to move forward and to

claim back its position. Allah (swt) says,

َ ‫اس َتأْ ُمر‬

‫ُون ِب ْال َمعْ رُ وفِ َو َت ْن َه ْو َن َع ِن‬ ِ ‫ت لِل َّن‬ ْ ‫ُك ْن ُت ْم َخي َْر أُمَّة أ ُ ْخ ِر َج‬
ۚۚ ‫ان َخيْرً ا لَ ُه ْم‬ ِ ‫اّلل ۗۚ َولَ ْو آ َم َن أَهْ ُل ْال ِك َتا‬
َ ‫ب لَ َك‬ ِ َّ ‫ون ِب‬ َ ‫ْال ُم ْن َك ِر َو ُت ْؤ ِم ُن‬
َ ُ‫ون َوأَ ْك َث ُر ُه ُم ْال َفاسِ ق‬
‫ون‬ َ ‫ِم ْن ُه ُم ْالم ُْؤ ِم ُن‬
"You are the best nation ever risen from
mankind, you command good and forbid
evil and believe in Allah"114

This Ummah cannot be the best Ummah if they do not

command good and forbid evil and take charge and
authority over the people. One of the most dangerous
weapons of the disbelievers is the cultural and
intellectual invasion through their media and
propaganda targeting the Muslims to make them
integrate and imitate them and to relax with the enemy
of the ummah taking control and destroying our
resources. However Allah (swt) destined that there will
always be people who will speak the truth and
dominate with it. Allah (swt) said,

‫ور ِه َولَ ْو َك ِر َه‬ َّ ‫َّللا ِبأ َ ْف َواه ِِه ْم َو‬

ِ ‫َّللاُ ُم ِت ُّم ُن‬ َ ‫ون لِي ُْطفِ ُئوا ُن‬
ِ َّ ‫ور‬ َ ‫ي ُِري ُد‬
‫ون‬َ ُ‫ْال َكافِر‬

114
EMQ 3:110

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

"They wish to extinguish the light of Allah

with their mouths. But Allah decreed that
they he will perfect his light."115

The tongues and propaganda has been used by many

kuffar before from the magicians of Fir'awn to the
mushrikeen of Quraysh, and Allah (swt) decreed that
the disbelievers will hate Islam and Tawheed, and that
Allah (swt) will perfect and complete the call of Islam.

Ibn Katheer said that the followers of the mushrikeen

and the fornicators and the sinners want you to
integrate with their sins, the fornicator wishes that you
become fornicators like them, the gamblers wish that
you become gamblers like them and the mushrikeen
wishes that you become mushrik like them so that they
do not feel bad.

‫ون َس َوا ًء ۖۚ َف َل َت َّتخ ُِذوا ِم ْن ُه ْم‬ َ ‫َو ُّدوا لَ ْو َت ْكفُر‬

َ ‫ُون َك َما َك َفرُوا َف َت ُكو ُن‬
‫َّللا ۚۚ َفإِنْ َت َولَّ ْوا َف ُخ ُذو ُه ْم َوا ْق ُتلُو ُه ْم‬
ِ َّ ‫يل‬ ِ ‫أَ ْولِ َيا َء َح َّت ٰى ُي َها ِجرُوا فِي َس ِب‬
‫ْث َو َج ْد ُتمُو ُه ْم ۖۚ َو ََل َت َّتخ ُِذوا ِم ْن ُه ْم َول ًِيا َو ََل َنصِ يرً ا‬
ُ ‫َحي‬

"They wish you would disbelieve as they

disbelieved so you would be alike. So do
not take from among them allies until

115
EMQ 61:8

236
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

they emigrate for the cause of Allah . But

if they turn away, then seize them and kill
them wherever you find them and take
not from among them any ally or
helper."116

‫ُطوا إِلَ ْي ُك ْم أَ ْي ِد َي ُه ْم َوأَ ْلسِ َن َت ُه ْم‬

ُ ‫إِنْ َي ْث َقفُو ُك ْم َي ُكو ُنوا لَ ُك ْم أَعْ دَ ا ًء َو َي ْبس‬
َ ‫ِبالسُّو ِء َو َو ُّدوا لَ ْو َت ْكفُر‬
‫ُون‬
If they were to get the better of you, they
would behave to you as enemies, and
stretch forth their hands and their
tongues against you for evil: and they
desire that you should reject the
Truth.”117

The media is a means to purify the land and public

opinion from the kufr ideas and concepts, to expose the
plots of the enemy and their wicked styles and means.
Allah (swt) says,

116
EMQ 4:89
117
EMQ 60:2

237
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

"We elaborated all the signs to the

people could see clearly the plots of the
kuffar."

The Prophet (saw) said, "Fight the mushrikeen with your

wealth and your body and your tongues."

The media is the best platform for Islam to produce the

best education, the best messages. The media policy in
Islam is for the state to use the best style and the best
means to make Bayan at-targheeb and at-tarheeb,
striking a balance between inviting and encouraging the
people, inclining their hearts and terrifying the people.
There should not be anything in the media that could
give the kuffar any upper hand over the Muslims,
without any tolerance or access to the kufr ideas and
concepts. Allah (swt) says,

َّ‫ار ٰى َح َّت ٰى َت َّت ِب َع ِملَّ َت ُه ْم ۗۚ قُ ْل إِن‬

َ ‫ص‬ َ ‫ض ٰى َع ْن َك ْال َيهُو ُد َو ََل ال َّن‬
َ ْ‫َو َلنْ َتر‬
‫ت أَهْ َوا َء ُه ْم َبعْ دَ الَّذِي َجا َء َك م َِن‬ ِ َّ ‫هُدَ ى‬
َ ْ‫َّللا ه َُو ْالهُدَ ٰى ۗۚ َولَئ ِِن ا َّت َبع‬
‫َّللا مِنْ َولِي َو ََل َنصِ ير‬ ِ َّ ‫ْالع ِْل ِم ۚ َما لَ َك م َِن‬
"The Jews and Christians will never be
pleased with you until you follow their
religion."118

118
EMQ 2:120

238
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

َ ‫ض ُه ْم مِنْ َبعْ ض ۚۚ َيأْم‬

‫ُرُون ِب ْال ُم ْن َك ِر‬ ُ ْ‫ات َبع‬ ُ ‫ون َو ْال ُم َنافِ َق‬
َ ُ‫ْال ُم َنا ِفق‬
َّ ‫ُون أَ ْي ِد َي ُه ْم ۚۚ َنسُوا‬
ۚۗ ‫َّللاَ َف َنسِ َي ُه ْم‬ َ ‫َو َي ْن َه ْو َن َع ِن ْال َمعْ رُوفِ َو َي ْقبِض‬
َ ُ‫ِين ُه ُم ْال َفاسِ ق‬
‫ون‬ َ ‫إِنَّ ْال ُم َنا ِفق‬
"The hypocrites men and women are part
of each other, they command evil and
forbid good, and they close their hands
from spending and turn the people away,
they have forgotten Allah, so he has
forgotten them they are the
disobedient.”119

The media policy in Islam is that we do not allow any

media including pamphlets and leaflets promoting any
kufr ideas. That society is pure from any kufr or shirk.
The media has intellectual ghusl.

The media was the weapon of the mushrikeen and the

weapon of the Messenger (saw). We should never put
down this weapon, we must use it against the enemy.
The kuffar have the upper hand nowadays in the media
because there is no Islamic state run media, but we
have our tongues and our voices and we can still use
this weapon of the media.

119
EMQ 9:67

239
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Allah (swt) told us about people who become angry

whenever people speak the truth in the media but no
matter how much sins, crime, fahisha and shirk is
promoted in the media, they do not care

‫وب ِه ْم أَ ِك َّن ًة أَنْ َي ْف َقهُوهُ َوفِي َآذان ِِه ْم َو ْقرً ا ۚۚ َوإِ َذا‬
ِ ُ ‫َو َج َع ْل َنا َعلَ ٰى قُل‬
َ ِ ْ‫َّك فِي ْالقُر‬ َ ْ‫َذ َكر‬
ِ ‫آن َوحْ دَ هُ َولَّ ْوا َعلَ ٰى أ ْد َب‬
‫ار ِه ْم ُنفُورً ا‬ َ ‫ت َرب‬
"And We have put coverings over their
hearts lest, they should understand it (the
Quran), and in their ears deafness. And
when you make mention of your Lord
Alone in the Quran, they turn on their
backs, fleeing in extreme dislikeness."120

And,

ۚۖ ‫ون ِب ْاْلخ َِر ِة‬ َ ‫ت قُلُوبُ الَّذ‬

َ ‫ِين ََل ي ُْؤ ِم ُن‬ ْ ‫َّللا ُ َوحْ دَ هُ ا ْش َمأ َ َّز‬
َّ ‫َوإِ َذا ُذك َِر‬
َ ‫ِين مِنْ ُدو ِن ِه إِ َذا ُه ْم َيسْ َتبْشِ ر‬
‫ُون‬ َ ‫َوإِ َذا ُذك َِر الَّذ‬
"And if Allah is alone exclusively, they will
be disgusted and their hearts angered,
but whenever the shirk is mentioned they
rejoice."121

120
EMQ 17:46
121
EMQ 39:45

240
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

This is the natural reaction of all disbelievers and

hypocrites, whenever you mention Allah (swt),
Tawheed, Shari'ah, Khilafah and all other laws of Allah,
they become so angry and attack and insult, while
whenever the democracy, secularism and interfaith are
mentioned, they are pleased and celebrate.

َ ِ‫َف َما لَ ُه ْم َع ِن ال َّت ْذك َِر ِة مُعْ ِرض‬

‫ين‬
ٌ‫َكأ َ َّن ُه ْم حُ ُم ٌر مُسْ َت ْنف َِرة‬
‫ت مِنْ َقسْ َو َرة‬ ْ َّ‫َفر‬

“Then what is the matter with them that

they turn away from admonition? - As if
they were affrighted asses, fleeing from a
lion!”122

The da'ee is the one who incites the people for izhaar
uddeen and rising against the regimes. It is not just to
tell people that fasting is good for your stomach and
health. The kuffar say and declare "do not listen to
Islam",

َ ‫آن َو ْال َغ ْوا ِفي ِه لَ َعلَّ ُك ْم َت ْغلِب‬

‫ُون‬ ِ ْ‫ِين َك َفرُ وا ََل َتسْ َمعُوا لِ ٰ َه َذا ْالقُر‬
َ ‫َو َقا َل الَّذ‬
And those who disbelieve say: "Listen not
to this Qur'an, and make noise in the
122
EMQ 74:49-51

241
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

midst of its (recitation) that you may

overcome." 41:26

And,

َّ‫َوإِ َذا ُت ْتلَ ٰى َعلَ ْي ِه آ َيا ُت َنا َولَّ ٰى مُسْ َت ْك ِبرً ا َكأَنْ لَ ْم َيسْ َمعْ َها َكأ َن‬
‫فِي أ ُ ُذ َن ْي ِه َو ْقرً ا ۖۚ َف َب ِّشرْ هُ ِب َع َذاب أَلِيم‬
And when Our Verses (of the Qur'an) are
recited to such a one, he turns away in
pride, as if he heard them not, as if there
were deafness in his ear. So announce to
him a painful torment.123

‫وب ِه ْم أَ ِك َّن ًة أَن َي ْف َقهُوهُ َوفِي‬

ِ ُ‫ك َو َج َع ْل َنا َعلَى قُل‬
َ ‫" َو ِم ْنهُم مَّن َيسْ َت ِم ُع إِلَ ْي‬
َ ُ‫َآذان ِِه ْم َو ْقرً ا َوإِن َي َر ْو ْا ُك َّل آ َية َلَّ ي ُْؤ ِم ُنو ْا ِب َها َح َّتى إِ َذا َجآؤ‬
‫وك‬
َ ‫ِين َك َفرُو ْا إِنْ َه َذآ إَِلَّ أَ َساطِ ي ُر اْلَ َّول‬
)::42( ‫ِين‬ َ ‫ك َيقُو ُل الَّذ‬ َ ‫ي َُجا ِدلُو َن‬
And of them there are some who listen to
you; but We have set veils on their hearts,
so they understand it not, and deafness in
their ears; if they see every one of the
Ayat (proofs, evidences, verses, lessons,

123
EMQ 31:7

242
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

signs, revelations, etc.) they will not

believe therein; to the point that when
they come to you to argue with you, the
disbelievers say: "These are nothing but
tales of the men of old.""124

‫ت َق ْومِي لَي ًْل َو َن َهارً ا‬ ُ ‫َقا َل َربِّ إِ ِّني دَ َع ْو‬

‫َفلَ ْم َي ِز ْد ُه ْم ُد َعائِي إِ ََّل ِف َرارً ا‬
‫ص ِاب َع ُه ْم فِي َآذان ِِه ْم‬ َ َ‫َوإِ ِّني ُكلَّ َما دَ َع ْو ُت ُه ْم لِ َت ْغف َِر لَ ُه ْم َج َعلُوا أ‬
‫صرُّ وا َواسْ َت ْك َبرُوا اسْ ت ِْك َبارً ا‬ َ َ‫َواسْ َت ْغ َش ْوا ِث َيا َب ُه ْم َوأ‬
‫ُث َّم إِ ِّني دَ َع ْو ُت ُه ْم ِج َهارً ا‬
‫ت لَ ُه ْم إِسْ َرارً ا‬ ُ ْ‫ت لَ ُه ْم َوأَسْ َرر‬ ُ ‫ُث َّم إِ ِّني أَعْ لَ ْن‬
‫ان َغ َّفارً ا‬ َ ‫ت اسْ َت ْغ ِفرُوا َر َّب ُك ْم إِ َّن ُه َك‬ ُ ‫َفقُ ْل‬

"He said, "My Lord, indeed I invited my

people [to truth] night and day. "But all
my calling added nothing but to (their)
flight (from the truth). And indeed, every
time I invited them that You may forgive
them, they put their fingers in their ears,
covered themselves with their garments,
persisted, and were arrogant with [great]

124
EMQ 6:24-26

243
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

arrogance. Then I invited them publicly.

Then verily, I proclaimed to them in
public, and I have appealed to them in
private, I said (to them): 'Ask forgiveness
from your Lord; Verily, He is Oft-
Forgiving;"”125

The media policy in Islam is to counter any kufr or

corrupted idea and counter any dazzling words and
propaganda,

‫نس َو ْال ِجنِّ يُوحِي‬

ِ ِ‫ين اِل‬ َ ِ‫َو َك َذل َِك َج َع ْل َنا لِ ُك ِّل ن ِِبي َع ُد ًوا َشيَاط‬
َ ‫رُف ْال َق ْو ِل ُغرُ ورً ا َولَ ْو َشاء َرب‬
ُ‫ُّك َما َف َعلُوه‬ َ ‫ض ُه ْم إِلَى َبعْ ض ُز ْخ‬ ُ ْ‫َبع‬
َ ‫َف َذرْ ُه ْم َو َما َي ْف َت‬
)::994( ‫رُون‬

"And so We have appointed for every

Prophet enemies - Shayatin (devils)
among mankind and jinns, inspiring one
another with adorned speech as a
delusion (or by way of deception). If your
Lord had so willed, they would not have
done it, so leave them alone with their
fabrications."126

125
EMQ 71:5-10
126
EMQ 6:112

244
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

َ ‫َو ُز ْخرُ ًفا َوإِن ُك ُّل َذل َِك لَمَّا َم َتاعُ ْال َح َيا ِة ال ُّد ْن َيا َو ْاْلخ َِرةُ عِ ن َد َرب‬
‫ِّك‬
)24:42( ‫ِين‬ َ ‫ل ِْل ُم َّتق‬
And adornments of gold. Yet all this (i.e.
the roofs, doors, stairs, elevators, thrones
etc. of their houses) would have been
nothing but an enjoyment of this world.
And the Hereafter with your Lord is only
for the Muttaqûn.127

The corrupted one is the one who listens to the

corrupted and oppressors and is silent and relaxed
about it,

‫َّللا‬
ِ ‫ون‬ ِ ‫ِين َظلَمُو ْا َف َت َم َّس ُك ُم ال َّنا ُر َو َما لَ ُكم ِّمن ُد‬
َ ‫َوَلَ َترْ َك ُنو ْا إِلَى الَّذ‬
)99:994( ‫رُون‬
َ ‫نص‬ َ ‫مِنْ أَ ْولِ َياء ُث َّم َلَ ُت‬
"And do not incline towards, nor rely
upon, those who are bent on evildoing
lest the fire [of the hereafter] touch you:
for [then] you would have none to protect
you from God, nor would you ever be
succoured [by Him]."128

127
EMQ 43:35
128
EMQ 11:113

245
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

The disbelievers will always use the media to attack and

accuse the da’ee, as they are so astonished that
someone would come out publicly to expose the kufr
and shirk ideas, Allah (swt) says,

َ ِ‫َف َل أ ُ ْقسِ ُم ِب َما ُتبْص‬

‫رُون‬
َ ِ‫َو َما ََل ُتبْص‬
‫رُون‬
‫إِ َّن ُه لَ َق ْو ُل َرسُول َك ِريم‬
َ ‫ِيل َما ُت ْؤ ِم ُن‬
‫ون‬ ً ‫َو َما ه َُو ِب َق ْو ِل َشاعِ ر ۚۚ َقل‬
َ ُ‫ِيل َما َت َذ َّكر‬
‫ون‬ ً ‫َو ََل ِب َق ْو ِل َكاهِن ۚۚ َقل‬
َ ‫َت ْن ِزي ٌل مِنْ َربِّ ْال َعالَم‬
‫ِين‬
“So I swear by whatsoever you see, And
by whatsoever you see not, that this is
verily the word of an honoured
Messenger [i.e. Jibrael (Gabriel) or
Muhammad which he has brought from
Allah]. It is not the word of a poet, little is
that you believe! Nor is it the word of a
soothsayer (or a foreteller), little is that
you remember! This is the Revelation sent
down from the Lord of the 'Alamin
(mankind, jinns and all that exists).”129

129
EMQ 69:38-43

246
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

َ ُ‫جبُوا أَنْ َجا َء ُه ْم ُم ْن ِذ ٌر ِم ْن ُه ْم ۖۚ َو َقا َل ْال َكافِر‬

ٌ‫ون ٰ َه َذا َسا ِحر‬ ِ ‫َو َع‬
ٌ‫َك َّذاب‬

And they (Arab pagans) wonder that a

warner (Prophet Muhammad) has come
to them from among themselves! And the
disbelievers say: "This (Prophet
Muhammad) is a sorcerer, a liar.130

‫ِين مِنْ َق ْبل ِِه ْم مِنْ َرسُول إِ ََّل َقالُوا َسا ِحرٌ أَ ْو‬ ٰ
َ ‫َك َذل َِك َما أَ َتى الَّذ‬
ٌ‫َمجْ ُنون‬

Likewise, no Messenger came to those

before them, but they said: "A sorcerer or
a madman!"131

ِ ‫َقا َل أَ ْلقُوا ۖۚ َفلَمَّا أَ ْل َق ْوا َس َحرُوا أَعْ ُي َن ال َّن‬

‫اس َواسْ َترْ َهبُو ُه ْم َو َجاءُوا‬
‫ِبسِ حْ ر عَظِ يم‬
“Said Moses: "Throw you (first)." So when
they threw, they bewitched the eyes of
the people, and struck terror into them:

130
EMQ 38:4
131
EMQ 51:52

247
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

for they showed a great (feat of)

magic.”132

Let the disbelievers accuse us as they wish, we do not

care about that, the Da'ee must speak the truth and
fulfil his duties without compromise not to say what will
please them only.

132
EMQ 7:116

248
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

4.9 Establishing the Salah

Usually, when people talk about the Salah, they only

focus on the ritual side of the prayer. They detail its
pillars, conditions, obligations, recommendations,
negations, preventions, causes and permits and all the
detailed rules necessary for its observance. This is all
vital knowledge for every single Muslim.

However there is a political side to the Salah, and that is

its effect and impact on the society at large. The salah is
the second pillar of Islam as a whole, second only to the

249
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

shahadah of Tawheed. It is the second thing that we call

society towards. The Prophet (saw) said,

“Islam has been built upon five pillars,

testifying that there is none worthy to be
worshipped except Allah and that
Muhammad is the messenger, (2)
Establishing the Salah, (3) Paying the
Zakat, (4) Fasting Ramadan and (5) to
make pilgrimage to the House for the one
who can find away.”

Tirmizi narrated a hadith of the Prophet (saw),

“The head of the matter is Islam, its main

pillar is Salah and its spear is Jihad.”133

In Bukhari and Muslim narrated that Muaz ibn Jabal

said,

“the Prophet (saw) sent me to Yemen as

a governor, saying “You are going to
meet people of the book, invite them to
testify that there is none worthy of
worship but Allah and Muhammad is the
Messenger. If they obey you in that, then

133
Tirmizi

250
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

order them to pray five times in every

day, if they obey you in that, order them
to pay Zakat from their rich among them
and to be given to the poor among them,
but beware not to take their wealth
without right and beware of the
supplication of the oppressed as there is
no partition between it and Allah.””134

The salah is the first thing to be judged on the day of

judgement, if that was correct, your deeds will all be
correct but if it is corrupt, then all your deeds will be
corrupt.

In Muslim, it is narrated that the Prophet (saw) said,

“between the man and (falling into) the

shirk and kufr, is deserting the salah.”135

That is, that deserting the salah is apostasy, in Abu

Dawood, it is narrated that the Prophet (saw) said,

“Between the man and the disbelief is the

salah, whoever deserted it has
disbelieved.”136

134
Saheeh Bukhari and Saheeh Muslim
135
Saheeh Muslim

251
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

The salah is the matter that distinguishes us from the

disbelievers. It is narrated that Abdullah ibn Mas’ood
said,

“The one who deserts the Salah has no

Deen.”

The companions never considered the desertion of any

deed as disbelief except for Salah. Abu Dardaa’ said,

“there is no imaan for the one who does

not pray and there is no salah for the one
who has no wudu’.”

Therefore it is a duty upon the Muslims and the

governors and the Khalifah and all others in authority to
make sure the people pray, including:

1) To make sure the people are taught how to pray

2) To make sure that the people are ordered to
pray
3) To build masaajid so the people have a place to
pray

136
Abu Dawood

252
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Allah (swt) said ordered us to command good and forbid

evil and to fight jihad in order that the salah is
established in the society, Allah (Swt) says,

‫الز َكا َة َوأَ َمرُ وا‬

َّ ‫ض أَ َقامُوا الص ََّل َة َوآ َتوُ ا‬ ِ ْ‫ِين إِنْ َم َّك َّنا ُه ْم فِي ْاْلَر‬
َ ‫الَّذ‬
ُ ِ َّ ِ ‫ِب ْال َمعْ رُ وفِ َو َن َه ْوا َع ِن ْال ُم ْن َك ِر ۗۚ َو‬
ِ ‫ّلل َعا ِق َب ُة ْاْلم‬
‫ُور‬
“(They are) those who, if We establish
them in the land, establish regular prayer
(in the society) and give regular charity,
enjoin the right and forbid wrong: with
Allah rests the end (and decision) of (all)
affairs.”137

Allah (swt) described that the first thing that those who
believe and take authority do with that authority is to
establish the salah to Allah (swt) in the earth.

Ibn Abi Haatim narrated from Muhammad ibn Ka’b said

about this ayah,

“that is the condition of Allah on this

Ummah, that ‘if I give you authority in
the earth, you must make sure the Salah
is established (in society).”

137
EMQ 22:41

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The father and mother must teach their children and

order and remind them to pray, and the governor and
any other Ameer is responsible for all the people like
parents over their children.

Dahhaaq and Hasan Al Basri said,

“They are the governors, ‘whenever We

give them power and victory, they
establish the salah.’”

Umar ibn Abdul Azeez quoted this verse in a khutbah

and said, ‘this duty is not only upon the governors
(walis) but it is upon the governor and the governed. Do
you want me to tell you the right of the governor over
you and your right over the governor? You should know
that the governor has the right to account you regarding
the rights of Allah (swt) and he must govern you with
the best according to his capability and in return you
must obey him in whatever is obedience to Allah(swt).’

The shariah politician wants to pray, and wants all other

people to pray.

Imam Al Sa’di said in his tafseer,

254
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

‘the sign of the one who has been

granted victory by Allah – which, if he
does not have it, he is a liar,

‫الز َكا َة َوأَ َمرُ وا‬

َّ ‫ض أَ َقامُوا الص ََّل َة َوآ َتوُ ا‬ ِ ْ‫ِين إِنْ َم َّك َّنا ُه ْم فِي ْاْلَر‬
َ ‫الَّذ‬
ُ ِ َّ ِ ‫ِب ْال َمعْ رُ وفِ َو َن َه ْوا َع ِن ْال ُم ْن َك ِر ۗۚ َو‬
ِ ‫ّلل َعا ِق َب ُة ْاْلم‬
‫ُور‬
“(They are) those who, if We establish
them in the land, establish regular prayer
and give regular charity, enjoin the right
and forbid wrong: with Allah rests the
end (and decision) of (all) affairs.”138

Allah (swt) described the role of the Mosque in the

Qur’an,

ِّ‫َّللاُ أَنْ ُترْ َف َع َوي ُْذ َك َر فِي َها اسْ ُم ُه ُي َس ِّب ُح لَ ُه فِي َها ِب ْال ُغ ُدو‬
َّ ‫فِي ُبيُوت أَذ َِن‬
‫ال‬
ِ ‫ص‬َ ‫َو ْاْل‬
َ ‫ِر َجال َل تُ ْل ِهي ِه ْم تِ َجا َرة َو َل بَيْع ع َْن ِذ ْك ِر‬
ۖ ‫ّللاِ َوإِقَ ِام الص َََل ِة َوإِيتَا ِء ال َز َكا ِة‬
َ ‫يَ َخافُونَ يَوْ ًما تَتَقَلَبُ فِي ِه ْالقُلُوبُ َو ْاْلَ ْب‬
‫صا ُر‬

“In houses (mosques), which Allah has

ordered to be raised, in them His Name is
glorified in the mornings and in the
afternoons or the evenings. Men whom

138
EMQ 22:41

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neither trade nor sale diverts them from

the Remembrance of Allah, nor from
performing As-Salat (Iqamat-as-Salat),
nor from giving the Zakat. They fear a
Day when hearts and eyes will be
overturned.“139

So part of the Shariah politics is to establish the houses

of Allah (swt), where only the name and deen of Allah
(swt) is mentioned and raised high instead of secular
politics. That house must be pure and free from idols,
impurity and trade or even from bad smells and free
from any distractions – including from excessive
decorations.

Qatada said about this verse,

“Those are the mosques, which Allah has

permitted to be elevated and ordered us
to purify it in order for his deen to
prevail”

The Prophet (saw) said,

139
EMQ 24:36-37

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“Whoever built a masjid seeking the face

of Allah, Allah will build for him a house
similar to it in Jannah”140

It is narrated that Aisha said,

“the Prophet (saw) ordered us to build

masaajid in our local areas and for it to
be cleaned and perfumed.”141

Samurah ibn Jundub narrated that

‘the Prophet (saw) ordered us to build

masaajid in our buildings and ordered us
to clean it.”142

It is narrated that Umar ibn Khattab ordered a Masjid to

be built and he ordered

“Protect the people from the rain (by

building a roof) and do not build a yellow
or reddish Mosque or the people will be
distracted (have fitnah).”143

140
Saheeh Bukhari and Saheeh Muslim
141
Musnad Imam Ahmed and Abu Dawood
142
Musnad Imam Ahmed
143
Saheeh Bukhari

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It is narrated that Abdullah ibn Umar used to clean the

mosque of the Prophet (saw) every Friday.

It is the duty of the state to facilitate access to the

mosque for all people, men and women. Umar ibn
Khattab also ordered a separate gate to be built for the
women to enter the Masjid so that they would not
freemix when entering or exiting144.

Allah (swt) says,

‫ِي لِلص ََّل ِة مِنْ َي ْو ِم ْالجُ م َُع ِة َفاسْ َع ْوا إِلَ ٰى‬ َ ‫ِين آ َم ُنوا إِ َذا ُنود‬ َ ‫َيا أَ ُّي َها الَّذ‬
ٰ
ِ َّ ‫ذ ِْك ِر‬
َ ‫َّللا َو َذرُ وا ْال َبي َْع ۚۚ َذلِ ُك ْم َخ ْي ٌر لَ ُك ْم إِنْ ُك ْن ُت ْم َتعْ لَم‬
‫ُون‬
“O you who believe! When the call is
proclaimed for the Salat on the day of
Friday, come to the remembrance of
Allah and leave off business, that is better
for you if you did but know!”145

It is part of the shariah politics, that the people should

abandon everything for the sake of the prayer and no
play, amusement or trade should distract you from it.

Sa’eed ibn Mansur and Tabarani quoted Abdullah ibn

Mas’ood about this verse, that he saw some people
144
Abu Dawood, Kitab al Salah
145
EMQ 62:9

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trading in the market. When they heard the azaan, they

left their products, trade and belongings and rushed to
the prayer. The people asked Abdullah ibn Mas’ood who
they were and he (ra) quoted the verse,

ِ َّ ‫ارةٌ َو ََل َبيْعٌ َعنْ ذ ِْك ِر‬

‫َّللا َوإِ َق ِام الص ََّل ِة َوإِي َتا ِء‬ ِ ‫ِر َجا ٌل ََل ُت ْل ِه‬
َ ‫يه ْم ت َِج‬
َ ‫ون َي ْومًا َت َت َقلَّبُ فِي ِه ْالقُلُوبُ َو ْاْلَب‬
‫ْصا ُر‬ َ ُ‫الز َكا ِة ۚ َي َخاف‬ َّ

“By men whom neither traffic nor

merchandise can divert from the
Remembrance of Allah, nor from regular
Prayer, nor from the practice of regular
Charity: Their (only) fear is for the Day
when hearts and eyes will be transformed
(in a world wholly new),-146”147

Ibn Abi Hatim narrated that Abdullah ibn Umar once

saw in the market, the azaan being called and the
people closing their shops and going to the prayer.
Umar laughed and said,

‘verily they are the people Allah describe

ِ َّ ‫ارةٌ َو ََل َبيْعٌ َعنْ ذ ِْك ِر‬

‫َّللا َوإِ َق ِام الص ََّل ِة َوإِي َتا ِء‬ ِ ‫ِر َجا ٌل ََل ُت ْل ِه‬
َ ‫يه ْم ت َِج‬
َ ‫ون َي ْومًا َت َت َقلَّبُ فِي ِه ْالقُلُوبُ َو ْاْلَب‬
‫ْصا ُر‬ َ ُ‫الز َكا ِة ۚ َي َخاف‬ َّ

146
EMQ 24:37
147
Tabarani

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“By men whom neither traffic nor

merchandise can divert from the
Remembrance of Allah, nor from regular
Prayer, nor from the practice of regular
Charity: Their (only) fear is for the Day
when hearts and eyes will be transformed
(in a world wholly new),-”148

Therefore, the shariah politics in relation to the salah

including:

1) That the people are called for the salah

2) That clean and proper facilities are available for
the people to make wudu and prayer
3) That the masaajid are available at all times and
never closed
4) Whenever the people go to the masjid, they
should know that they are visiting the house of
Allah (swt) and hearing about His deen.

Imam al Uzaa’ee said,

“five things that the companions used to

do, they stick to the Muslim community
(Jama’ah), following the Sunnah, visiting

148
EMQ 24:37

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the Masjid, reciting the Qur’an and jihad

in the way of Allah.”149

Ibn Taymiyyah said,

“The places of the gatherings for the

scholars and the ummah were the
masaajid.”150

The masjid was the centre of the community, not only

for the salah, but for study, for meetings, consultation,
sending and receiving ambassadors.

“In the house of Allah, they used to pray

and look after the affairs of the people.”

Aisha (ra) narrated that Umm Habeebah and Umm

Salamah saw a church in Abyssinia full of decorations,
idols and ornaments. The Prophet (saw) said,

“whenever someone pious died, they

used to build over their grave a masjid
and decorate it with idols. They are the
most evil people.”

149
Sunan Al Baihaqi
150
Majmoo Al Fatawa

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Aisha (ra) narrated that the Prophet (saw) on his

deathbed,

“May Allah curse the Jews and Christians,

they took their Prophets’ graves as a
masjid.”

Aisha (ra) said about that,

‘if it weren’t for that saying, I would have

made his grave raised high.’

Any place where the people pray, is called a masjid and

wherever the people are allowed to pray, is also called a
masjid – whether there is a building there or not.

There should be no domes on the Masjid, this was never

from the Sunnah. The Prophet (saw) said,

“Verily, there were people before you,

they used to take their Prophets’ and
pious people’s graves as a masjid. Do not
make from the graveyards masaajid – I
forbid you.”

So any masjid build upon a grave must be demolished,

graves built inside any masjid, must be moved. There is
a principle that

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

“there is no way to combine a grave and

a masjid”

Ibn Abbas narrated that,

“The Prophet (saw) said, ‘Allah curses

those (wailing) women who visit the
graveyard and those that build over the
graves masajid”

the Prophet (saw) said,

“O Allah do not let my grave become a

place to be worshipped.”151

The salah has an impact on the society, an impact on

developing the Islamic State. It has an impact on curing
the heart, on reforming the people and increasing their
belief and distancing them from the sins and evil deeds.
Any society established on the Salah will be far away
from crime and sin. Allah (swt) says,

‫ب َوأَق ِِم الص ََّل َة ۖۚ إِنَّ الص ََّل َة َت ْن َه ٰى‬ ِ ‫ك م َِن ْال ِك َتا‬ َ ‫ا ْت ُل َما أُوح َِي إِلَ ْي‬
َّ ‫َّللا أَ ْك َب ُر ۗۚ َو‬
‫َّللاُ َيعْ لَ ُم َما‬ ِ َّ ُ‫َع ِن ْال َفحْ َشا ِء َو ْال ُم ْن َك ِر ۗۚ َولَذ ِْكر‬
َ ‫َتصْ َنع‬
‫ُون‬

151
Muwatta’ Imam Malik

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“Recite, what has been revealed to you of

the Book and establish prayer. Indeed,
prayer prevents immorality and
wrongdoing, and the remembrance of
Allah is greater. And Allah knows that
which you do.”152

Establishing the salah in the society will achieve two

things:

1) Preventing you from fahshaa and munkar

2) Establish remembrance and supplication to
Allah.

Allah (swt) says,

َ ‫يرةٌ إِ ََّل َعلَى ْال َخاشِ ع‬

‫ِين‬ َ ‫صب ِْر َوالص ََّل ِة ۚۚ َوإِ َّن َها لَ َك ِب‬
َّ ‫َواسْ َتعِي ُنوا ِبال‬
“Seek help in the Sabr and the salah, and
that is a great thing except for the one
who fears Allah.”153

It is narrated that Ibn Abbas was informed that his

brother passed away while he was travelling. He
stopped and prayed two rak’ah and returning reciting

152
EMQ 29:45
153
EMQ 2:45

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

َ ‫يرةٌ إِ ََّل َعلَى ْال َخاشِ ع‬

‫ِين‬ َ ‫صب ِْر َوالص ََّل ِة ۚۚ َوإِ َّن َها لَ َك ِب‬
َّ ‫َواسْ َتعِي ُنوا ِبال‬
“Seek help in the Sabr and the salah, and
that is a great thing except for the one
who fears Allah.”154

Huzaifah said that whenever the Prophet had any

concern, he would pray the Salah155.

Allah (swt) says,

َ ‫إِنَّ ْاِلِ ْن َس‬

‫ان ُخل َِق َهلُوعًا‬

‫إِ َذا َم َّس ُه ال َّشرُّ َج ُزوعًا‬

‫َوإِ َذا َم َّس ُه ْال َخيْرُ َم ُنوعًا‬

َ ‫إِ ََّل ْالم‬

َ ِّ‫ُصل‬
‫ين‬

َ ‫ص َلت ِِه ْم دَ ا ِئم‬

‫ُون‬ َ ‫الَّذ‬
َ ‫ِين ُه ْم َعلَ ٰى‬
“Verily, man was created very impatient;
Irritable when evil touches him; And
niggardly when good touches him; Except

154
EMQ 2:45
155
Abu Dawood

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

those devoted to Salat. Those who

remain constant in their Salat;”156

Therefore, the Muslims, governors, du’aat, scholars,

teachers, politicians and all others working to reform
the people and hoping to guide the people to the truth
must maintain and guard their prayer and call people to
it and that must be adopted by the Khilafah to establish
regular salah in society and to help, remind, persuade
and enourage the people all to pray and even to pray in
the masjid. The Prophet (saw) said,

“the heaviest salah upon the hypocrites

are salatul Ishaa and salatul fajr. If they
knew the reward of praying Ishaa and
fajr, they would come to the masjid
crawling. I was going to order a man to
lead the salah while I went with a man
with fire to those who didn’t attend the
masjid in order to burn their houses.”157

So this collective prayer in the masjid is a sufficient duty

and the Prophet (saw) sought to warn or threaten those
who didn’t attend the mosque from the men. However,

156
EMQ 70: 19-23
157
Saheeh Bukhari and Saheeh Muslim

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

he never burnt their houses and so we know that it is a

sufficient duty such that the remaining people are not
sinful.

It is narrated from Abu Dardaa that the Prophet (saw)

said,

“there are no three people in a village or

a city living together who did not
establish among them salah, except that
the shaytan will overcome them, so be
with the Jamaa’ah. Verily, the wolf will
eat the stray sheep.”158

Amr ibn Umm Maktoom said to the Prophet (saw),

“I am a blind man and I have nobody to

guide me. Do you give me a permit not to
attend the masjid?” the Prophet (saw)
said, “Do you hear the adhaan?” the
blind man said, “yes”, the Prophet (saw)
said, “I do not find for you a permit.”159

In another narration by Abu Hurairah, the blind man

said,

158
Musnad Imam Ahmed
159
Reported in Musnad Imam Ahmed and Abu Dawood

267
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

“I am blind and there are between my

home and the masjid are many date
palms and I have nobody to guide me.”
And the Prophet (saw) replied, “Do you
hear the Iqaamah?” he said, “yes”, the
Prophet (saw) replied, “I do not find for
you any permit.”160

So it is a duty for the state to facilitate the prayer by

establishing the best masaajid free from decoration and
distraction, and adhaan and wudu facilities and to
encourage the people to pray and to appoint people to
account the men for missing the prayer in the masjid.

Abdullah ibn Umar said,

“If we missed a person at salatul Fajr in

the Masjid, we used to think bad about
him.”

Abu Sa’eed Al Khudree narrated that

“the Prophet (saw) prayed Zuhr with his

companions and then someone entered,
the Prophet (saw) said, “O man! What
made you miss the prayer in the Masjid?”

160
in Saheeh Muslim

268
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

the man gave an excuse and stood to

prayer. The Prophet (saw) accepted the
excuse and asked his companions
“Shouldn’t any one of you rise to make
charity by praying voluntarily with him
collectively?”

It is narrated that the Prophet (saw) prayed Fajr with his

companions and then asked,

“Is so and so present?” they said ‘no’. He

asked ‘Is so and so man present?’ they
said ‘no’. the Prophet (saw) said, “the
heaviest salah upon the hypocrites are
salatul Ishaa and salatul fajr. If they knew
the reward of praying Ishaa and fajr, they
would come to the masjid crawling.”161

The state must make sure the masaajid are welcoming

and suitable so that people enjoy entering the Masjid,
and not to be a place to spy on the people like the so-
called mosques today that are full of cameras and police
bugs. How can we account people for missing the
prayer in the mosque when the mosques are not really
mosques but outposts for spying on the Muslims?

161
Musnad Imam Ahmed

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Ibn Qayyim said that leaving the salah intentionally is

one of the greatest sins, worse even than the major sins
like adultery or theft or drinking alcohol.

People differed about what should be done for the one

who abandons the salah. Sufyan al Thawree, Imam Al
Uzaa’ee Wakee’ ibn al Jaraah, Abdullah ibn Mubarak,
Ahmed ibn Hanbal, Imam Shafi’I, Imam ibn Raahawayh
all agree that the one who deserts the salah should be
killed an as apostate, though they only differed about
how they should be killed. Some say that he should be
beheaded, others said they should be ordered to repent
first and if he repents that he should not be killed and
that latter opinion is the strongest and adopted by al-
Shafi’i and Ahmed and others.

Others said, that he should not be killed until he has

been called to the prayer and he has refused or delayed
after that beyond its time.

They also differed about whether or not a person

should be killed even for missing one prayer, while
others said only after missing for some time or after
being called to pray and he refused or denied it.

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

So the shari’ah politics includes that the governors

should appoint trustworthy Imams to lead the salah and
teach the people the truth. The Prophet (saw) said,

“The best to lead the prayer is the reciter,

then (if they are equal) then the most
knowledgeable…”

The open sinner or innovator should not be made an

Imam. Imam Mawardi said,

”It is forbidden for the leaders to appoint

a fasiq to lead the people in the salah.”

The masjid must be pure from any innovation, kufr

ideas, sins or any other impurity. When the Prophet
(saw) saw a man leading the prayer in masjid, spitting in
the masjid, the Prophet (saw) forbade him from leading
the prayer in the future. The man went to the Prophet
on hearing this from the companions, the Prophet (saw)
said,

“You harmed Allah and His messenger by

your spitting.”

It is for greater reason, that people who call for

democracy, man-made laws, interfaith and secularism
must not be appointed as Imams for the masaajid.

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

4.10 Taqdeem al Khadamaat wal

Ihsaan ilannaas - Helping people
and providing services

Ihsaan is to do everything completely according to the

Shari'ah. Whenever you fight, kill, serve you do it with
Ihsaan, completely according to the Shari'ah. The
Prophet (saw) said,

"if you slaughter, make ihsaan in your

slaughter and if you kill, make ihsaan in
your killing."

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

This means we do not torture animals or people even in

times of war or even if they are criminals being
punished. Ihsaan in sadaqaat and providing the people
services and fulfilling their needs.

Al-'Awn wal khadamaat - the help services.

As a da'ee who wants to engage in the divine politics,
we want to help the people by supporting them and
providing them services and help. Allah (swt) ordered us
to this in many verses.

"And rush to the forgiveness from your

lord and to the jannah that is wide as the
heavens and the earth, prepared for the
people of taqwa, those who spend in ease
and in hardship and those who control
their anger and forgive the people when
they make error and Allah loves the
Muhsineen."162

There are a lot of ayaat calling us to help each other and

support each other. Allah (swt) says,

162
EMQ 3:133

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

"Have you seen the one who does not

believe in the deen, he does not help the
orphan and does feed the miskeen"163

and,

"No you do not help the orphan, nor do

you encourage each other to feed the
miskeen, and you eat the inheritance "164

Allah (swt) informed us that some people do not

support or serve the needy people and that some
people take their wealth. That is why it is very
dangerous for those people who have access to the
wealth of the ummah. That is why this need requires a
state, it requires an authority who can organise and
fulfil these needs and sort out their problems and
provide support to them. Allah (swt) says,

"They never made effort in the hard path,

what is the hard path? those who free
slaves, feeding those hungry, those who

163
EMQ 107: 1-3
164
EMQ 89:17-20

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

believed and call each other to sabr and

mercy."165

This is the duty of the Khalifah and the state and the
duty of every Muslim to support in the absence of the
Khilafah. Allah (swt) says,

"So for the orphan, do not make him

suffer, and the one who asks for help, do
not prevent him"166

and Allah (swt) says,

"Whoever did a small atom of good

deeds it will be shown to him and
whoever did a small atom of bad deeds it
will be shown to him."167

and,

َّ‫ب َو َلـكِنَّ ْال ِبر‬ ِ ‫ْس ْال ِبرَّ أَن ُت َولُّو ْا وُ جُو َه ُك ْم ِق َب َل ْال َم ْش ِر ِق َو ْال َم ْغ ِر‬َ ‫لَّي‬
‫ِّين َوآ َتى‬َ ‫ب َوال َّن ِبي‬ ِ ‫َمنْ آ َم َن ِباّللِ َو ْال َي ْو ِم اْلخ ِِر َو ْال َمآل ِئ َك ِة َو ْال ِك َتا‬
‫يل‬
ِ ‫ِين َواب َْن الس َِّب‬ َ ‫ْال َما َل َعلَى ُح ِّب ِه َذ ِوي ْالقُرْ َبى َو ْال َي َتا َمى َو ْال َم َساك‬
‫ون‬ َ ُ‫الز َكا َة َو ْالمُوف‬َّ ‫ب َوأَ َقا َم الصَّل َة َوآ َتى‬ ِ ‫ِين َوفِي الرِّ َقا‬ َ ‫َوالسَّآ ِئل‬

165
EMQ 90:11-12
166
EMQ 93:9-10
167
EMQ 99:7-8

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َ ‫ين فِي ْال َبأْ َساء والضَّرَّ اء َوح‬

‫ِين‬ ِ ‫ِب َع ْه ِد ِه ْم إِ َذا َعا َه ُدو ْا َوالص‬
َ ‫َّاب ِر‬
َ ‫صدَ قُوا َوأُولَـئ‬
َ ُ‫ِك ُه ُم ْال ُم َّتق‬ َ ‫س أُولَـئ‬ ْ
‫ون‬ َ ‫ِين‬ َ ‫ِك الَّذ‬ ِ ‫ْال َبأ‬
"True piety does not consist in turning
your faces towards the east or the west -
but truly pious is he who believes in God,
and the Last Day; and the angels, and
revelation, and the prophets; and spends
his substance - however much he himself
may cherish - it - upon his near of kin, and
the orphans, and the needy, and the
wayfarer, and the beggars, and for the
freeing of human beings from bondage;
and is constant in prayer, and renders the
purifying dues; and [truly pious are] they
who keep their promises whenever they
promise, and are patient in misfortune
and hardship and in time of peril: it is
they that have proved themselves true,
and it is they, they who are conscious of
God."168

All of these ayaat explain that part of the divine policy is

to help those that are needy and to provide services to

168
EMQ 2:177

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the people who are needy or bankrupt or in debt, or

enslaved etc. Allah (Swt) says,

‫ْن إِحْ َسا ًنا َو ِبذِي ْالقُرْ َبى‬ ِ ‫َّللا َوَلَ ُت ْش ِر ُكو ْا ِب ِه َش ْي ًئا َو ِب ْال َوالِدَ ي‬
َ ‫َواعْ ُب ُدو ْا‬
ِ ‫ار ْال ُج ُن‬
‫ب‬ ِ ‫ار ذِي ْالقُرْ َبى َو ْال َج‬ ِ ‫ِين َو ْال َج‬ِ ‫َو ْال َي َتا َمى َو ْال َم َساك‬
َ‫ت أَ ْي َما ُن ُك ْم إِنَّ َّللاَ َل‬
ْ ‫يل َو َما َملَ َك‬ ِ ِ‫ْن السَّب‬ ِ ‫ب َواب‬ ِ ‫الجن‬َ ‫ب ِب‬ ِ ‫َوالصَّا ِح‬
)2:4:( ‫خورً ا‬ ُ ‫ان م ُْخ َتاَلً َف‬ َ ‫ُيحِبُّ َمن َك‬
"Worship Allah and join none with Him in
worship, and do good to parents,
kinsfolk, orphans, the poor, the neighbour
who is near of kin, the neighbour who is a
stranger, the companion by your side, the
wayfarer (you meet), and those (slaves)
whom your right hands possess. Verily,
Allah does not like such as are proud and
boastful;"169

So it is part of the Tawheed, part of our deen to be kind

to our relatives, parents, neighbours etc. Allah (swt)
says,

‫ان َوإِي َتاء ذِي ْالقُرْ َبى َو َي ْن َهى َع ِن‬ ْ

ِ ‫اِلحْ َس‬ ِ ‫إِنَّ َّللاَ َيأمُرُ ِب ْال َع ْد ِل َو‬
ُ ‫ْال َفحْ َشاء َو ْالمُن َكر َو ْال َب ْغي َيع‬
َ ‫ِظ ُك ْم لَ َعلَّ ُك ْم َت َذ َّك‬
)9::11( ‫رُون‬
ِ ِ

169
EMQ 4:36

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"Behold, Allah enjoins justice, and the

doing of good, and generosity towards
[one's] fellow-men; and He forbids all
that is shameful and all that runs counter
to reason, as well as envy; [and] He
exhorts you [repeatedly] so that you
might bear [all this] in mind."170

The Prophet (saw) said,

"Every ma'roof (helping) is a charity"171

That is all part of the divine politics, part of the divine

policy of those that work to establish Allah's deen. the
Prophet (saw) said,

"The example of the believers in their love

and helping of each other is like one
body"172

Abu Umaamah narrated that the Prophet (saw) said,

"the one who does the good deed, that

good deed will help him fight the bad

170
EMQ 16:90
171
Saheeh Bukhari
172
Ibid

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

deed and ... maintaining your ties of

kinship will increase in your life"

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4.11 Rights of the Disabled in

Islam

The topic of disability is related to the principle

mentioned by the Prophet (saw),

”Everyone of you is a shepherd and he is

responsible over his sheep, and the
greater Imam (Al Khalifah) is one
responsible for his subjects.”

So that responsibility to look after the people, to feed,

clothe, shelter, protect and providing facilities for them

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

is particularly applicable and require special attention to

those who have special needs and vulnerabilities.

Disabled people are not aliens from another planet, the

way some people might treat them. They are part of us
and come from every generation, age and quarter of the
society. Any one of us could have or develop a disability:
mothers, fathers, children, uncles etc. They are those
upon whom Allah (swt) has placed some tests (Ibtilaa’).

Some of them are tested by disability in their minds,

some in their bodies, some may have some specific
weakness or special needs.

It might be that we never come across them in our daily

lives, but there are millions of people in every nation
suffering from disabilities, this is especially true in
places ravaged by war or that have faced war in
previous generations. 54 Million in USA, 11 million in
Russia, 30 million in the middle east etc.

Mistreatment of the Disabled in History

The disabled people have existed in every generation
throughout history and they might receive certain
attention in some countries and might be looked after.
But that is not always the case. It is known how disabled

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people have been mistreated in the dark ages or ancient

societies.

For example, in the Roman Empire, the disabled were

suppressed, humiliated, attacked, ignored and
neglected. They were treated as freaks and were
abused accordingly.

Various such societies like the Romans and Greeks used

to be superstitious, believing that the disabled were
sinister and evil, that those who had only one eye were
devils or that they were bad omens, that those who
suffered insanity were possessed by devils.

Care for the Disabled in Islam

In contrast, in Islam many verses of the Quran have
been revealed about the different types of disability.
First and foremost, the Quran treats the disabled, not as
freaks or outsiders, but as normal people like any
others.

They have rights and responsibilities, duties and

accountability like any other but they also have
additional rights because of the extra needs they have
as a result of the way Allah has created them or as a
result of something that has happened to them such as
in war, jihad or other accident.

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This is why in Islam, we do not only describe the

problem, but we explain the solution. The Qur’an
mentioned many types of disability.

‫ُون‬
َ ‫جع‬ِ ْ‫صُم ُب ْك ٌم عُمْ ٌي َف ُه ْم ََل َير‬
“Deaf, mute & blind … ”173

Allah (swt) also mentions the exemptions for the

disabled for various duties,

‫ْس َعلَى ْاْلَعْ َم ٰى َح َر ٌج‬

َ ‫لَي‬
“There is no blame on the blind, … ”174

The blind are exempt from any compulsory duties that

would require eyesight, such as Ribaat (sentry duty) or
jihad or any other such duty.

‫َو ََل َعلَى ْاْلَعْ َر ِج َح َر ٌج‬

“… and there is no blame on the disabled
(A’raj)”175

173
EMQ 2:18
174
EMQ 24:61
175
EMQ 24:61

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Al A’raj – is the one who has a limb and is unable to run,

such a person is exempt from any duty that requires full
use of his legs.

ِ ‫َو ََل َعلَى ْال َم ِر‬

‫يض َح َر ٌج‬
“… and there is no blame on the ill”176

Those who have illnesses that weaken them are

similarly exempt from many duties such as fasting and
jihad.

Allah (swt) also described how he performed certain

miracles using the Prophets,

َ ‫ئ ْاْلَ ْك َم َه َو ْاْلَب َْر‬

ۖ ‫ص بِإِ ْذنِي ۖ َوإِ ْذ ُت ْخ ِر ُج ْال َم ْو َت ٰى ِبإِ ْذنِي‬ ُ ‫َو ُتب ِْر‬
“You are going to cure the plagues with
my permission”177

And Allah (swt) said

‫ح ُب ُك ْم ِب َمجْ ُنون‬
ِ ‫صا‬
َ ‫َو َما‬
“Your companion is not insane,”178

176
EMQ 24:61
177
EMQ 5:110
178
EMQ 81 :22

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

In Islam, 14 centuries ago, ordained upon those who are

in authority the duty:

(i) to look after the disabled and those with

special needs to meet their special
requirements and remove their
disadvantages and
(ii) to treat them as full members of society with
full rights in order to ward off any
embarrassment, apprehension or feelings of
alienation that the disabled may feel.
To ensure they are treated and considered without
isolation from society; not to be made to feel abnormal.
So that they function like any other person in society
and enjoy successful vibrant lives in the Islamic
community. In fact, some of the disabled people living
under Islamic authority have reached the highest peaks
of success, status and have been taken as role models in
the Muslim community.

Health Departments of the Khilafah System

Islam gives certain rules and regulations about every
part of our lives, including our relationship with God as
well as our relationship with other people. This is why
the Health department in Islam has complete systems in
place to research and look after the disabled in a way

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

that no other society has established in the East or

West.

The most important thing we notice about the Islamic

attitude and perspective in dealing with the disabled
that is in contrast with the western approach is that
Islam does not look to the disabled as deficient or
second class citizens. They will be given the same rights
as those who are fit and will be treated like any other
person. The Prophet (saw) said,

“The example of the believers in their

mercy and care and love for each other is
like one body, if one part of the body
suffers, the rest of the body will look after
it.”

This is the Islamic approach, that if one person of the

Muslim body suffers disability, everyone will feel that
suffering and look after it as if it were their own pain
and suffering in their own body.

Some of the greatest and most respected leaders and

scholars of the Islamic history were indeed themselves
disabled. Abdullah ibn Abbas, Abdullah ibn Mas’ood,
Asim, Amru ibn Akhtab, Abdurrahman ibn Asamm, the
great muhaddith Al A’mash were all disabled.

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Fulfilling the Needs of the Disabled

In Saheeh Muslim, Anas narrated that a woman had
some mental disabilities and complained to the
prophet,

“O Messenger of Allah, I have some

need.” The Prophet (saw) said, “Tell me,
which way I can go with you to offer my
help.” So she took the Prophet and the
Prophet helped her.

In another similar incident, a man came to the Prophet

(saw) suffering from a mental disability. The Prophet
listened to him carefully and patiently for a long time
and then supplicated for his needs.

Exemption and Reward for the Disabled

In Baihaqi, on the authority of Aisha (ra), it is narrated
that the Prophet (saw) said,

“Allah has revealed to me that whoever

travels a way seeking knowledge, I will
facilitate his path to Jannah and whoever
went blind, I will reward him for his
blindness with Jannah.”

Furthermore, it was narrated by Zaid ibn Thaabit about

one of the most famous companions of the Prophet

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

(saw), ibn Umm Maktoom, who was blind, after Allah

(swt) revealed

َ ‫ون م َِن ْالم ُْؤ ِمن‬

‫ِين‬ َ ‫ََل َيسْ َت ِوي ْال َقاعِ ُد‬
ُ‫َّللا‬ َّ ‫َّللا ِبأَمْ َوال ِِه ْم َوأَ ْنفُسِ ِه ْم ۚ َف‬
َّ ‫ض َل‬ ِ َّ ‫يل‬ِ ‫ون فِي َس ِب‬ َ ‫َو ْالم َُجا ِه ُد‬
َّ َ‫ِين دَ َر َج ًة ۚ َو ُك ًل َو َعد‬
ُ ‫َّللا‬ َ ‫ِين بِأ َمْ َوال ِِه ْم َوأَ ْنفُسِ ِه ْم َعلَى ْال َقاعِ د‬
َ ‫ْالم َُجا ِهد‬
‫ِين أَجْ رً ا َعظِ يمًا‬َ ‫ِين َعلَى ْال َقاعِ د‬ َّ ‫ض َل‬
َ ‫َّللاُ ْالم َُجا ِهد‬ َّ ‫ْالحُ سْ َن ٰى ۚ َو َف‬
“they are not equal those who fight in the
way of Allah and those that sit back.”179

Ibn Umm Maktoom went to the Prophet (saw) and said,

“O Messenger of Allah, if I was able to

fight jihad, I would fight.” So Allah
immediately revealed,

‫َغ ْي ُر أُولِي الض ََّر ِر‬

“… Except those who have disabilities (or
harm)”180

Declaring those who were disabled are equal to those

who fight jihad, which is one of the most noble and
rewardable deeds.

179
EMQ 4:95
180
EMQ 4:95

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

The Curse of Allah for those who Harm the Disabled

The Prophet (saw) also said,

“Three people are not held accountable,

the one asleep until he wakes up, the
child until he reaches puberty and the
insane until he becomes sane.”

And he (saw) warned people from harming, misleading

or mocking the blind and disabled people.

“They are cursed! Those who misled a

blind person from his path.”181

Encouraging the Disabled with Perseverance

Islam has trained the Muslims to treat those with
special needs correctly and legislated the mercy and
specific supplications for them and to encourage them
to hold responsibility and to exhaust utmost effort with
resolute will in their disabilities to strive and live full
lives like anyone else.

A blind man came to the Prophet (saw) asking him

“Supplicate for me, so that I get

recovery”, the Prophet (saw) replied, “If
you wish I can supplicate for you and if

181
Musnad Imam Ahmad

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

you wish you can be patient and that is

better for you.” He said, “Supplicate for
me.” The Prophet (saw) ordered him to
make ablution completely and then to
make a specific supplication to grant
recovery for him.

A woman suffering from epilepsy came to the Prophet

(saw) saying

“Verily I suffer from epilepsy and my

clothes get uncovered, so supplicate for
me.” The Prophet (saw) said, “If you wish,
you can be patient and you will get
Jannah, or if you wish I can supplicate for
you and you will recover.” She said, “I will
be patient, but ask Allah that I will never
be uncovered.” The Prophet (saw) made
such a supplication. After she passed
away, the woman who washed her body
testified that she died in such a way that
her hands covered her private parts such
that they could not be moved and so even
in death, her private parts were never
uncovered to others.

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Appointment of the Disabled in Government

Positions
The Prophet (saw) treated Amru ibn Jumooh, and said,

“your leader is Amru ibn Jumooh” Amru

ibn Jumooh was disabled with one leg
shorter than the other, the Prophet (saw)
once said to him, “I see you walking
perfectly (without any limp) in Jannah“

Anas ibn Maalik narrated that the Prophet (saw)

appointed a blind man, ibn Umm Maktoom, to lead the
capital city of the Islamic State in his absence twice, and
he appointed him to lead the prayers of the Prophet’s
mosque in his absence, fourteen times.

Abdullah ibn Abi Maktoom was also a participant of the

battle of Qadisiyyah carrying the banner of Islam,
despite his blindness, and died there as a martyr.

Muadh ibn Jabal, a disabled companion with a severe

limp, was chosen by the Prophet (saw) out of all the
companions to be sent as a governor for Yemen. He
(saw) wrote to them saying,

“I have sent to you one of the best of my

people to be in authority over you.”

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Abdullah ibn Abbas, al Habr of this Ummah and the

Turjumaan al Quran (translator of the Quran i.e. in
explaining its meaning), from the three Abdullah’s
known as the three Fuqahaa (scholars). The people
would rush to ask him about the Qur’an and to seek
fatawa from him, despite the fact that he went blind. He
used to say,

“Even if Allah took my eyesight, I have a

tongue to speak and a heart and a mind.”

Success of Disabled People in Islamic History

Bashar ibn Burd was a famous Arab poet who was blind
but a powerful linguist and most eloquent poet - despite
his inability to see or read, he wrote,

My enemies try to shame me

but the shame is on them
It is no shame
for someone to be called blind

If nobody can see

honesty or piety
then blindness of the eyes
is of no importance

I see blindness as a reward

and protection (from sins)

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

and a strength (e.g. to memorise)

and I am needy for these three

Ataa’ (ra) used to have a severe skin condition, suffered

from polio, disfigured nose and hair, as well as a
disability in his feet, yet he was a famous Imam and
Mufti and one of the greatest teachers with thousands
of great students, giving ijaaza to many prominent
scholars.

Among the companions and early Muslims, many

prominent disabled scholars and teachers become
known. Asim ibn Sulayman Al Basri, who was known to
be Ahwal (a disability in his eyes). Yet he was Hafiz of
the Quran and a compiler of narrator of Hadith.

Furthermore, there are four famous scholars known to

be Akhfash (another disability):

(i) Al Akhfash Al Akbar – Abdul Hameed ibn

Abdul Majeed who was a great scholar of the
Arabic language,
(ii) al Akhfash al Awsat, Sa’eed ibn Mas’adah al
Mujaashi’ee
(iii) al Akhfash al Asghar, ali ibn Sulayman ibn al
Fadhl

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

(iv) and al Akhfash al Dimashqi. Harun bin Musa

known as shaykh al qurraa’ – a leader among
scholars of tafseer.
The disability was no obstacle for any of these great
scholars to excel and succeed.

There were two great scholars known as Al Asamm (The

Dead),

(i) Haatim ibn Unwaan (d 237 H) was a great

man of piety and knowledge and was titled
‘Luqmaan of this Ummah’, i.e. the wise man
of this nation.
(ii) The second, Muhammad ibn Yusuf al Amawi
– Al Walaa Abul Abbas Al Asamm, a great
muhaddith d. 346H.
Al A’raj, known for his limp, named Abdurrahman ibn
Hurmuz d. 117H – he was a great Hafiz and scholar of
lineage and was a student of Abu Hurairah (ra),

Al A’mash had a deformity and disability in his eyes, his

full name was Sulaymaan ibn Mahraan Al Asadi, he was
a scholar of inheritance law, quran and hadith. It was
said that the kings and governors never felt so humble
as when they sat in his presence, due to his immense
knowledge.

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Mu’awiyah ibn Sufyan, the blind student of Imaam al

Kasaa’I was another great student of Shariah, d. 220H.

Ali ibn Hasan al Hazlee, hafiz of hadith, known more

commonly as Imam Al Naysaburi (d. 253H) was Al Aftas
– had a disability of the nose.

Imam Malik ibn Anas, one of the four great Imams was
known to have been disabled in both arms.

Duties of the State

So disabilities existed in Muslim history as well, but the
Khalifs dealt with their special needs in accordance with
the commands of the Prophet (saw). They were tasked
with looking after them physically, psychologically and
financially. So that the disabilities were never an
obstacle to succeeding and excelling and fulfilling great
functions and roles in the Islamic society.

In the time of the Khalifah, Umar ibn Abdul Azeez, he

wrote orders for the governors in relation to the
disabled.

“Send to me anyone that is blind,

disabled, paralyzed or unable to stand, so
that I can appoint for each blind person
two servants, one for the morning and
one for the evening. For the paralyzed

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

person, I will appoint 3 servants, to help

stand and wash, …”

He made a complete categorized list for each type of

disability, assigning a number of servants or carers and
ordered that each carer must be literate, educated with
established skills and training so that he/she can assist
them properly for all their needs, to read for the blind,
to teach and inform them etc.

Another Khalifah Al Waleed ibn Abdul Malik Al Amawi

established the college specifically for the disabled, in
the year 88H (707 CE). While Europe was in the dark
ages, deserting and fleeing from the disabled out of
superstition and disgust, the Khalifah was appointing
paid servants, colleges, nurses, doctors and welfare for
the disabled. The disabled students at those colleges
were also given salaries to fulfil their special needs
without ever having to beg or ask of others.

Sultan Qalawoon appointed among the first hospitals

for the long term care for the disabled and to offer
welfare for the disabled while they are unable to work
during their recovery. This hospital in fact, still stands
and functions until today – known as Maristan al
Qalawoon.

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The Duty to Prevent Disability not only Cure it

Islam does not only demand that the state and
community look after the disabled, but also to seek to
prevent disability occurring in the first place to
safeguard the health of people in advance.

Islam demands the state research and investigate the

causes of disabilities and how they could be prevented.

Disabilities can be: (i) a matter the sufferer is born with

genetically, for which treatments must be sought out,
(ii) it could be as a result of some intervening event –
such as a result of disease, accidents, or due to
substance abuse or other problems.

Hifz al Nasab – Protecting the Foetus from disease and

disability
In the Shariah, the prevention (al-wiqaayah) is better
than the cure (‘ilaaj). As an example, it is part of the
main necessities in Islam, to preserve the lineage (Hifz al
nasab) – this includes to investigate and note any
actions that might harm an unborn foetus such as
drinking alcohol, taking drugs or smoking cigarettes
during pregnancy. Any such harmful things are
prohibited in Islam and must be prevented in the
society and in the community. Even such things as
fasting in Ramadan is not required for the pregnant

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woman and could even be prohibited if there is fear it

will cause harm to the foetus. Allah (swt) says,

‫ون َر َّب َنا َهبْ َل َنا ِمنْ َأ ْز َواجِ َنا َو ُذرِّ يَّا ِت َنا ُقرَّ َة‬ َ ‫ِين َي ُقو ُل‬
َ ‫َوا َّلذ‬
َ ‫َأعْ يُن َواجْ َع ْل َنا لِ ْل ُم َّتق‬
‫ِين إ ِ َمامًا‬

“And those who say ‘O our Lord! Grant us

from our wives and children, that which
will please our eyes… ”182

It is the desire of every person that they see their family

free from any suffering, disease, illness or disability.

Choosing the Right Spouse

Islam encourages careful consideration of potential
spouses before marriage, the Prophet (saw) encouraged
looking to qualities such as piety and character as better
indicators of compatibility over wealth or beauty, as
often the latter two can be a cause of ruin rather than
success. In fact, Islam guards the right of every person
over their parents before conception, that each parent
should choose a good responsible spouse to raise a
family with. The Prophet (saw) said,

“Be aware for your descendants, the vein

could cause defects.”

182
EMQ 25:74

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That is why the Khalifah, Umar ibn Khattab warned his

subjects from marrying very close relatives, to prevent
disease and genetic defects,

“Marry from those distant from you (i.e.

not close relatives), so that your
descendants are not weakened”

Some scholars said that, for this reason, it is disliked to

marry from relatives. Imam Shafi’i used to dispraise
those who married only in their own tribes, especially
those who prohibited their relatives from marrying
outside the tribe.

In fact, it has been said that Islam encourages brides

and grooms from conducting necessary medical tests to
reduce the potential of spreading disease. The Prophet
(saw) said,

“Flee from the one with (al Majzoom)

infectious diseases the way you run from
a lion.”

This is not running away from the destiny as both health

and sickness are from the destiny.

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Warding off Disease & Preventing its Spread

That is why the Shariah prescribes cleanliness
(nazaafah), including the regular washing of hands,
trimming of nails, removal of pubic and underarm hairs,
regular bathing, particularly after intimacy as well as
ablution for every prayer, before eating, sleeping and
many other occasions. In particular, the command in
Islam to wash our hands after sleep, before touching
any utensils, food and after touching any unclean thing
including our private parts.

This cleanliness is required for all people, whether

disabled or not, and not only for the body but for our
homes, furniture, surroundings, food and clothes.
Moreover, to choose the correct healthy pure foods
that provide our bodies with whatever we need and not
to eat from the impure, rotten or corrupted foods.

Healthy Eating
Allah (swt) says,

َ ‫ت َما َر َز ْق َنا ُك ْم َو ََل َت ْط َغ ْوا فِي ِه َف َي ِح َّل َعلَ ْي ُك ْم َغ‬

ۖ ‫ض ِبي‬ ِ ‫ُكلُوا مِنْ َط ِّي َبا‬
‫ض ِبي َف َق ْد َه َو ٰى‬ َ ‫َو َمنْ َيحْ لِ ْل َعلَ ْي ِه َغ‬

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“Eat from the good, pure things

(Tayyibaat) that Allah has provided you
…”183

This is why it is necessary for the Khilafah to prohibit the

consumption of certain foods and to regulate the
quality of foods sold in the markets. Every day it is
further proven how those things prohibited by Islam
tend to have great harmful effects on the body such as
alcohol, blood and impurity.

Islam further encourages reducing portions and

discourages overeating and extravagance in our food.
Allah (swt) says,

‫َيا َبنِي آدَ َم ُخ ُذوا ِزي َن َت ُك ْم عِ ْندَ ُك ِّل َمسْ ِجد َو ُكلُوا َوا ْش َربُوا َو ََل‬
َ ‫ُتسْ ِرفُوا ۚ إِ َّن ُه ََل ُيحِبُّ ْالمُسْ ِرف‬
‫ِين‬
“Eat and drink but do not be
extravagant.”184

The Prophet (saw) encouraged to leave a third of our

stomach empty rather than eating to our fill in every
meal and also recommended fasting in moderation
while also prohibiting starving yourself in displays of

183
EMQ 20:81
184
EMQ 7:31

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extreme ‘piety’ as has often been the practise and

demise of ascetics in other religions. Allah (swt) says,

ِ َّ ‫ير َو َما أ ُ ِه َّل ل َِغي ِْر‬

‫َّللا ِب ِه‬ ِ ‫ت َعلَ ْي ُك ُم ْال َم ْي َت ُة َوال َّد ُم َولَحْ ُم ْال‬
ِ ‫خ ْن ِز‬ ْ ‫حُ رِّ َم‬
‫يح ُة َو َما أَ َك َل ال َّس ُب ُع إِ ََّل َما‬َ ِ‫وذةُ َو ْال ُم َت َر ِّد َي ُة َوال َّنط‬
َ ُ‫َو ْال ُم ْن َخ ِن َق ُة َو ْال َم ْوق‬
ۗ ‫ب َوأَنْ َتسْ َت ْقسِ مُوا ِب ْاْلَ ْز ََل ِم ۚ ٰ َذلِ ُك ْم فِسْ ٌق‬ ِ ‫ص‬ ُ ‫َذ َّك ْي ُت ْم َو َما ُذبِ َح َعلَى ال ُّن‬
‫اخ َش ْو ِن ۚ ْال َي ْو َم‬ْ ‫ِين َك َفرُوا مِنْ دِي ِن ُك ْم َف َل َت ْخ َش ْو ُه ْم َو‬ َ ‫ِس الَّذ‬ َ ‫ْال َي ْو َم َيئ‬
‫يت لَ ُك ُم ْاِلِسْ َل َم‬ُ ِ‫مْت َعلَ ْي ُك ْم نِعْ َمتِي َو َرض‬ ُ ‫ت لَ ُك ْم دِي َن ُك ْم َوأَ ْت َم‬ ُ ‫أَ ْك َم ْل‬
ٌ‫َّللا َغفُور‬ َ َّ َّ‫صة َغي َْر ُم َت َجانِف ِِلِ ْثم َفإِن‬ َ ‫طرَّ فِي َم ْخ َم‬ ُ ْ‫دِي ًنا ۚ َف َم ِن اض‬
‫َرحِي ٌم‬
“Prohibited for you is the blood, the dead
meat, the meat of swine, that which has
been slaughtered for other than Allah,
the suffocated animal, the stunned to
death animal, the animal killed by a
headlong fall, animals that fought each
other with their horns/antlers, the animal
hunted by wild animals, what has been
slaughtered at the alters of idols … ”185

Islam detailed harmful foods and prohibits abnormal

rearing of animals such as al jallaalah – the animals fed
on faeces, offal or other unnatural diets. The Prophet

185
EMQ 5:3

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(saw) forbade eating such an animal, or its eggs or milk

or even riding the animal until its diet and digestion has
been purified with normal foods for a set period of
time.

Preventing Sexually Transmitted Infections

Unlawful sexual acts are prohibited by Islam as well as
abnormal sexual practices. In fact, many of these
prohibited practices are the cause of many diseases
which often lead to debilitating problems from loss of
control of bladders and bowels, to cancer and even total
destruction of the immune system and ultimately, even
death. This is why Islam prohibits promiscuity,
fornication, adultery and also prohibits intercourse in
the back passage and during menses. Allah (swt) says,

ً ِ‫ان َفا ِح َش ًة َو َسا َء َسب‬

‫يل‬ ِّ ‫َو ََل َت ْق َربُوا‬
َ ‫الز َنا ۖ إِ َّن ُه َك‬
“Do not come near fornication, it is a
faahishah …”186

And,

َ ‫َو ََل َت ْق َربُوا ْال َف َواح‬

ۖ ‫ِش َما َظ َه َر ِم ْن َها َو َما َب َط َن‬

186
EMQ 17:32

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“Do not come near any unlawful sexual

acts, whether hidden or apparent.”187

The sudden spread of HIV and AIDS in recent years is a

prime example of that prophesied by the Prophet (saw)
in the Hadith,

“Whenever people begin engaging in

unlawful sexual acts and are proud of
that, Allah will inflict upon them a disease
that nobody experienced before them.”

Preventing Drug Abuse

Islam prohibits anything that will harm the body and
also whatever disables or diminishes our minds,

‫صابُ َو ْاْلَ ْز ََل ُم‬َ ‫ِين آ َم ُنوا إِ َّن َما ْال َخمْرُ َو ْال َميْسِ ُر َو ْاْلَ ْن‬
َ ‫َيا أَ ُّي َها الَّذ‬
َ ‫ان َفاجْ َتنِبُوهُ لَ َعلَّ ُك ْم ُت ْفل‬
‫ِحُون‬ َ ‫ِرجْ سٌ مِنْ َع َم ِل ال َّشي‬
ِ ‫ْط‬
“Verily, the gambling and intoxicants …
are only works of Shaytaan, so keep away
from them.”188

Islam forbids anything that clouds the mind even

temporarily, let alone that which is the cause of
permanent mental disease, insanity or brain damage. It

187
EMQ 6:151
188
EMQ 5:90

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is more commonly accepted now that abuse of alcohol,

cannabis or other drugs are the cause of many cases of
insanity in later life, addiction and even permanent
harm to the mental capacity of unborn children.

The Prophet (saw) said,

“every intoxicant is prohibited.”

Health and Safety

It is prohibited to neglect or leave children
unsupervised, as that will leave them vulnerable to
accidents and injuries that could cause permanent
disabilities for the rest of their lives.

Similarly, it is a duty in Islam to take steps to prevent

any accidents. The Prophet (saw) said,

“If anyone of you passes by our mosque

or markets and he has arrows with them,
let him hold it from its head, in order not
to hurt some of the Muslims by accident.”

The Prophet (saw) also said,

“There is no harming yourself or harming

others.”

And,

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“Imaan is seventy and a few branches,

the highest is laa ilaaha illallah and the
lowest is to remove something harmful
from the path.”

Islam commands us all, and in particular those in

authority, to take responsibility for keeping the path
ways free from any obstacle, impurity, thorns, slippery
substances or anything that might cause someone to
fall, trip or hurt themselves in any way or even to be
harmed by disease, infection or even inconvenience.

The Prophet (saw) said,

“If you show a lost person on their way,

that is charity. And to remove the stone,
the thorn or bone from the road is
charity.”

Islam asks us to take safety measures before any

accident might occur. Allah (swt) says,

‫ِين آ َم ُنوا ُخ ُذوا ح ِْذ َر ُك ْم َفا ْن ِفرُوا ُث َبات أَ ِو ا ْن ِفرُوا َجمِيعًا‬

َ ‫َيا أَ ُّي َها الَّذ‬
“Take your precautions, then go out
alone or go out together.”189

189
EMQ 4:71

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Warfare
Nowadays, in warfare, people used serious weaponry
such as nuclear weapons, chemical weapons, radiation
and other weaponry that not only causes mass cases of
disability and serious injuries to those caught in blasts
and hit be debris and shrapnel but can even cause
harm, deformity and disabilities in future children born
from parents exposed to such chemicals and radiation.
Some of the best examples can be found in Iraq, after
USA used depleted uranium shells causing children for
several generations afterward to be born with
disabilities.

Such things are prohibited in Islam. That is also why the

Shariah prohibits soldiers in jihad from targeting women
or children, but rather offers them refuge and looks
after displaced women and children after any battle.
Islam also prohibits the poisoning of water, destruction
of crops and trees during warfare, despite the clear
strategic advantage it bring in an offensive expedition.

Moreover, Islam exempts women and children from

participating in fighting during times of war. The
Prophet (saw) used to forbid his companions from
joining expeditions, despite their eagerness, until they
reached adulthood at the age of 15.

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Sensitivity toward the Disabled

It is fard kifayah upon the Muslim nation to pay
attention to the needs of the disabled, and the most
suitable to fulfil this role is the Khalifah. Allah (swt)
made ‘itaab – polite correction or advice, to the Prophet
when a blind companion ibn Umm Maktoom
approached the Prophet with a question while he (saw)
was busy attending to the then leaders of Makkah,
hoping to convince them to embrace Islam.

The Prophet had frowned and hoped to give priority to

the important guests from the leaders of the city, while
Allah (swt) corrected him and informed him that the
blind and common man ibn Umm Maktoom was not
only a priority but a more beneficial use of the
Prophet’s time. Despite the fact that the blind man
would not have seen any frown or his turning away,
Allah (swt) revealed,

ٰ
ِ ‫َّللا الرَّ حْ َم ِن الرَّ ح‬
‫ِيم‬ ِ َّ ‫ِبسْ ِم‬
‫س َو َت َولَّ ٰى‬َ ‫َع َب‬
‫أَنْ َجا َءهُ ْاْلَعْ َم ٰى‬
‫ك لَ َعلَّ ُه َي َّز َّك ٰى‬
َ ‫َو َما ي ُْد ِري‬
‫الذ ْك َر ٰى‬ ِّ ‫أَ ْو َي َّذ َّكرُ َف َت ْن َف َع ُه‬
‫أَمَّا َم ِن اسْ َت ْغ َن ٰى‬

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‫ص َّد ٰى‬ َ ‫ت لَ ُه َت‬ َ ‫َفأ َ ْن‬

‫ك أَ ََّل َي َّز َّك ٰى‬
َ ‫َو َما َعلَ ْي‬
“He frowned and turned away, when the
blind man came to him, and how do you
know if he might be purified, or that he
might be reminded and benefit. As for the
arrogant ones that you attend to, it is no
blame on you if he does not get purified.
”190

ٌ ‫لَ َق ْد َجا َء ُك ْم َرسُو ٌل مِنْ أَ ْنفُسِ ُك ْم َع ِز‬

‫يز َعلَ ْي ِه َما َعنِ ُّت ْم َح ِريصٌ َعلَ ْي ُك ْم‬
‫ِين َرءُوفٌ َرحِي ٌم‬ َ ‫ِب ْالم ُْؤ ِمن‬
“Verily, there has come unto you a
Messenger from amongst yourselves . It
grieves him that you should receive any
suffer. He is anxious over you, to the
believers is kind and merciful.”191

Islam forbids us from disparaging the competence of

man, from mocking or belittling them or their
disabilities. Allah (swt) says,

190
EMQ 80:1-7
191
EMQ 9:128

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‫ِين آ َم ُنوا ََل َيسْ َخرْ َق ْو ٌم مِنْ َق ْوم َع َس ٰى أَنْ َي ُكو ُنوا َخيْرً ا‬ َ ‫َيا أَ ُّي َها الَّذ‬
‫ِم ْن ُه ْم َو ََل ن َِسا ٌء مِنْ ن َِساء َع َس ٰى أَنْ َي ُكنَّ َخيْرً ا ِم ْنهُنَّ ۖ َو ََل َت ْلم ُِزوا‬
ۚ ‫ان‬ ِ ْ َ‫ُوق َبعْ د‬
ِ ‫اِلي َم‬ ُ ‫س ِاَلسْ ُم ْالفُس‬ َ ‫ب ۖ ِب ْئ‬ ِ ‫أَ ْنفُ َس ُك ْم َو ََل َت َنا َب ُزوا ِب ْاْلَ ْل َقا‬
‫ُون‬
َ ‫الظالِم‬ َّ ‫ك ُه ُم‬ َ ‫َو َمنْ لَ ْم َي ُتبْ َفأُو ٰلَ ِئ‬
“Let not the people mock each other, it
may be that they (the mocked) are better
than them, and let not women mock
other women, it could be that they are
better than them, and do not insult one
another and do not call each other evil
nicknames …”192

Abdullah ibn Mas’ood was a disabled companion who

had one very thin and weak leg, the people once saw
him walking and they laughed at him, the Prophet (saw)
rebuked them say,

“Are you laughing at the leg of Abdullah

ibn Mas’ood? By Allah! These legs will be
heavier on the scales (of judgement) than
the mountain of Uhud.”

The disabled are to be treated like other people. Their

disability does not prevent them from participating in

192
EMQ 49:11

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society, in worship and ritual acts within their

capabilities. That is why the Prophet (saw) taught that
the one who cannot pray standing is in no way deficient
in his worship, rather he can pray sitting. Similarly, the
one who cannot sit, can pray lying down and the one
who is completely paralysed, the Prophet taught that
they can pray simply by blinking or by their intention.
Those who cannot make ablution with water, can make
it with sand or even by only their intention in their
heart; each, according to their capability.

Imam Qurtubi said,

”Allah has removed accountability for the

blind person for any ritual act that
requires eyesight, and has removed the
accountability for the disabled person for
any duty that requires the ability to walk
or stand.”

You will be accountable only for what you are capable.

There is a principle of the Shariah,

“The blame has been removed as long as

they have intention to do as much as they
can.”

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Carers in Islam
Furthermore, Islam orders the community to take
responsibility for helping the disabled to fulfil their
needs and to welcome them at every opportunity, even
when passing by in the streets. The Prophet (saw) said,

“Deserting the greeting for the passing

disabled person with salaam is a betrayal
(khiyaanah).”

From this, the scholars said in analogy, that ignoring a

blind person or any other disabled person in any of his
needs is prohibited as another form of betrayal, failing
to guide him on his way is a betrayal, failing to ask
about them and their needs is betrayal.

Islam places pre-requisite conditions for the carer of the

disabled including that they should be believers in Allah
(swt) and the destiny, to be perseverant (Sabr), to be
merciful, to be patient, to be kind and compassionate,
to be capable and responsible as they will be held
accountable for it. The Prophet (saw) said,

“Allah loves for any one of you who fulfils

a duty, for you to do it properly.”

A carer must have eethaar – to favour others over your

own needs, the Prophet (saw) said,

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“No one of you is a believer until he loves

for his brother what he loves for himself.”

Allah (swt) says,

‫ش َّح‬ َ ‫اص ٌة ۚ َو َمنْ ي‬

ُ ‫ُوق‬ َ ‫ص‬َ ‫ان ِب ِه ْم َخ‬ َ ‫َوي ُْؤ ِثرُو َن َعلَ ٰى أَ ْنفُسِ ِه ْم َولَ ْو َك‬
َ ‫ِك ُه ُم ْال ُم ْفل‬
‫ِحُون‬ َ ‫َن ْفسِ ِه َفأُو ٰلَئ‬
“Those who favour others over
themselves even if they are left in
scarcity.”193

May Allah make us from those that work to establish

Allah’s Deen so that we can fully take care of those
disabled in society.

193
EMQ 59:9

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PART FIVE
“Allah ordered that you return
the trusts (amanaat) to its
people …”
~ Qur’an 4:58

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5.1 Encouraging Work and

Business
Zubair ibn Awwam said that the Prophet (saw) said,

"… whoever goes to the mountain and

carry wood on his back, that would be
better for him than asking the people
whether they gave him or not."

This hadith lays down the principle that it is better to

earn your own wealth than to be lazy and preoccupied
in other things that will lead to haram. The one who
wants to drink alcohol and be drunk early in the

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morning is different from the one who wants to earn his

living. There is a difference between guaranteeing food,
clothing and shelter and making the people lazy. In
Islam there is a policy of encouraging business and work
and make the one who works more rewardable than the
one who does not, the one who earns and gives is more
rewardable than the one who takes.

Unless they are engaged in the role of the anbiyaa’,

preoccupied in studying the deen and conveying,
commanding good and forbidding evil, inciting the
believers, etc.

The Prophet (saw) said

“No one of you eat as well as the one

who eat from his own sweat, the Prophet
of Allah, Dawood (as) used to earn with
his hands”

Narrated by Rufaa'ah that the Prophet (saw) was asked

"Which earning is most rewarded?" the

Prophet (saw) replied "the man to earn
with his own hands and al bai' al mabroor
(the accepted trade)"

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Ibn Abi Sheebah narrated that Abu Musa Al Ashari

narrated that the Prophet (saw) said,

"everyone should pay sadaqah" he was

asked "what if he does not have any
money?" he (saw) replied "he will earn
with his hands and benefit from that
himself and give sadaqah" he was asked
"what if he is not capable?" he (saw)
replied "he will help the one who is
needy" he was asked "what if he is not
capable?" he (saw) replied "he will
command good and forbid evil" and he
was asked "what if he did not do that?"
he (saw) said, "he will refrain from the
haram and that is sadaqah."194

The Prophet (saw) encouraged the people to work in

order for them to donate and give sadaqah. The job of
the Islamic state is also to help the people into work, to
offer them salaries and jobs, to offer investments and
interest free loans to support them. The Prophet (saw)
said that he hates the one who does not work neither
for the dunya nor the akhirah.

194
Musannad Ibn Abi Sheebah

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The Prophet (saw) said,

“There are two blessings that many

people waste, the health and the free
time.”

Imam Ahmed is reported to have said,

“The people should rely on Allah and train

themselves to earn and whoever says he
will give up earning, he is a fool, he must
earn to support the deen and donate.”

Allah (swt) says,

ً ‫ار َسبْحً ا َط ِو‬

‫يل‬ ِ ‫إِنَّ لَ َك فِي ال َّن َه‬
َ ‫َو ْاذ ُك ِر اسْ َم َر ِّب‬
ً ‫ك َو َت َب َّت ْل إِلَ ْي ِه َت ْبت‬
‫ِيل‬
“Verily, there is for you by day prolonged
occupation with ordinary duties, And
remember the Name of your Lord and
devote yourself to Him with a complete
devotion.”195

So whenever you are free from dunya matters, you

should invest that time for the deen and ibaadah. Not

195
EMQ 73:7-8

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everyone will be provided for in a way that he is not

normally eligible for, some people have rizq that
reaches him and allows him to be preoccupied in the
deen, but the scholars and fuqahaa cannot just rely on
people to give to him, that is why the scholar that works
is better than the scholar that does not work.

It is narrated that Abu Bakr al Mijli narrated that Umar

(ra) said,

“To earn in a job that has some

humiliation and earn from it is better
than asking people and beg people.”

There is no shame in any form of halal work, rather the

Prophet (saw) encouraged people to work and forbade
begging without a Shari’ah permit. The people who are
capable should work and earn, or if they engage in the
duties of the anbiyaa’, there should be provision for
their livelihood so that they will not be preoccupied in
working for dunya matters e.g. the governors of the
Islamic state, the scholars and the Mujahideen, those
who rule and judge by what Allah revealed, command
good and forbid evil, fighting to make the word of Allah
(swt) the highest and the Deen of Allah (swt) prevail.

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Begging in Islam is disliked or haram for those who were

not eligible for that. In Bukhari and Muslim the Prophet
(saw) said,

“Some people will continue to beg until

he meets Allah and his face will have no
flesh”

And in the khutbah the Prophet (saw) said,

“The upper hand is better than the lower

hand, the upper hand is the one that
gives and the lower hand is the one that
takes.”

In Saheeh Muslim the Prophet (saw) said,

“Whoever asks the people a lot, he

should ask for fire, so let him stop or not
ask anymore.”196

That is why the zakat is never given to the one who is

rich, strong or earner. It is narrated that two men came
to the Prophet (saw) requesting sadaqah, the Prophet
(saw) saw that they were strong and said,

196
Saheeh Muslim

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“if you wish I will give to you but you will

not benefit from it”197

So the Shari’ah politics is to encourage working and

earning and to provide for the livelihood of those
working to establish Allah’s Deen from the scholars and
mujahideen and governors in order for them not to be
preoccupied in the dunya matters.

197
Musnad Imam Ahmed

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5.2 Distribution of Wealth

Allah (swt) orders the Muslims to be just and fair in the

distribution of wealth. That distribution is a matter of a
policy known in the Shari’ah politics as Insaaf (Justice) in
distribution of wealth to the people. Allah (swt) decreed
that His wealth be accessible to the people. The people
have a right over the wealth, granted by Allah (swt) and
the distribution of that wealth requires a system to be
put in place to manage its circulation. That system is the
Islamic economic system. Allah (swt) says,

ِ ‫َّللا َيأْمُرُ ُك ْم أَنْ ُت َؤ ُّدوا ْاْلَ َما َنا‬

‫ت إِلَ ٰى أَهْ لِ َها‬ َ َّ َّ‫إِن‬

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“Allah ordered that you return the trusts

(amanaat) to its people …”198

So the right of the wealth has been defined by Allah

(swt), including who it belongs to and He has ordered
that it reaches people without partisan, grudges or
injustice.

Zaid ibn Aslam said that

“This ayah has been revealed in relation

to the governors and any people who
have been put into place of responsibility
over people.”

Shahr ibn Hawshab reported that this verse was

revealed about specific leaders that are responsible for
distributing and returning the wealth to its people. (NB:
Narrations from Shahr ibn Hawshab are disputed)

Ibn Abbas (ra) said about this verse,

“It is related to specific people, those in

authority and those who are trustee over
wealth – that they are to return it to its
people.”

198
EMQ 4:58

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Ali ibn Abi Talib is narrated in a Saheeh Mawqoof

hadeeth in Saheeh Al Sahabi,

“It is a duty upon the Imam to gather and

rule by whatever Allah revealed and to
give the trust to the one it belongs to. If
he does that, then it is his right that the
people listen and obey him and respond
to him to what he calls them.”199

Ibn Jurair said

“This is related to wulaat al amr.”

I.e. anybody who is responsible over any people,

especially in relation to the wealth and their rights.

So Allah (swt) ordered the Ulil Amr (those in legitimate

authority) to return the rights and ordered us to obey
them,

“Obey Allah and Obey the Messenger and

those in authority among you.”200

So governors, wali and the common people are equal in

their rights and share of the public wealth. There is no

199
Saheeh Al Sahabi
200
EMQ 4:59

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distinction between the citizens and the authorities in

relation to their right to the public wealth.

Ubadah bin Saamit narrated that the Prophet (saw)

declared publicly in a speech, “this thread is from your
booty, but I have only one share (fifth) of it, and I give it
back to you. So give to the people the thread and the
nail and whatever is more than that or less than that
and do not take for yourself as Al Ghulool is the fire and
shame on the one who takes it, O people fight in the
way of Allah, the near and the far and do not fear
anybody who blames you.”

ِ ْ‫ان لِ َن ِبي أَنْ َي ُغ َّل ۚۚ َو َمنْ َي ْغلُ ْل َيأ‬

ۚۚ ‫ت ِب َما َغ َّل َي ْو َم ْالقِ َيا َم ِة‬ َ ‫َو َما َك‬
َ ‫ت َو ُه ْم ََل ي ُْظلَم‬
‫ُون‬ ْ ‫ُث َّم ُت َو َّف ٰى ُك ُّل َن ْفس َما َك َس َب‬

“It is not allowed for the Prophet to

betray his companions, to take anything
from the booty except what Allah has
designated for him. Whoever did that will
carry it on the day of judgement and will
be exposed and everybody will be paid
what they earned and nobody will be
oppressed …”201

201
EMQ 3:161

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This verse concerns all money of booty, jihad and other

collections.

Malik ibn Aws narrated that Umar ibn Khattab said

about the Fay’ – spoils of war,

“I have no more right to the booty than

you. Nobody has any more right to it than
any other. We are still following the book
of Allah and the example of the
Messenger of Allah (saw), the man and
his experience, the man and his suffering
and the man with children and the man
with needs.”202

Umar used to make three oaths,

“Nobody has any more right to any other,

and I do not have any more right than
any of you. By Allah! There is nobody
from the Muslims except that he has a
right to a share of this wealth except a
slave who stole from his master, we are
still upon what we found in the book of
Allah, a man with his experience, a man
with his suffering, a man with his
202
Musnad Imam Ahmed

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children, a man with his need, By Allah! If

this wealth was accumulated, even the
shepherd on the mountain of San’a can
come and claim his share of this wealth.”

Allah (swt) has defined everybody’s share to the wealth

of al fay’. Al Fay’ is the wealth that was taken from the
kuffar without fighting. Some people claimed that this
means that someone can steal from the banks and call it
fay’, but this is not correct. The Fay’ is the wealth from
the enemy that was openly warred against but was
abandoned by an enemy after running away without
fighting out of fear.

Also, Jizyah is a fee to pay for security living between

the Muslims, the Kharaj is taxation paid to live on the
land and the crops. The Ushur is the 10th paid by foreign
traders that pass through the borders of the Muslims
and the 20th taxation is taken from dhimmis when they
travel to trade in foreign countries. All of this is fay’.

Anas bin Maalik said to ibn Sireen,

“are you pleased that I appoint you to

fulfil what Umar appointed me to do? He
ordered me to take from the Muslims a
quarter of the tenth and from the

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dhimmi, half of the tenth and from the

non-dhimmis the full tenth.”

It has also been mentioned that the Fay’ includes the

wealth that has no owner or inheritance that has no
heir to claim it. Allah (swt) mentions about Al Fay’,

‫َّللا ُ َعلَ ٰى َرسُولِ ِه ِم ْن ُه ْم َف َما أَ ْو َج ْف ُت ْم َعلَ ْي ِه مِنْ َخيْل َو ََل‬

َّ ‫َو َما أَ َفا َء‬
َّ ‫ط ُر ُسلَ ُه َعلَ ٰى َمنْ َي َشا ُء ۚۚ َو‬ ُ ِّ‫َّللا ي َُسل‬ ٰ
‫َّللا ُ َعلَ ٰى ُك ِّل‬ َ َّ َّ‫ِر َكاب َولَكِن‬
‫َشيْ ء َقدِي ٌر‬
“Whatever Fay’ Allah granted the
Messenger of Allah from (Banu Nadhir)
whom you did not ride to fight them, …
He terrified them with His own soldiers
…”203

To be Fay’, it must fulfil certain criteria, including that it

is taken in a Halal way and not a forbidden way.

‫ُول َو ِلذِي‬ ِ ‫َّللاُ َع َل ٰى َرسُو ِل ِه مِنْ أَهْ ِل ْالقُ َر ٰى َف ِللَّ ِه َولِلرَّ س‬

َّ ‫َما أَ َفا َء‬
‫ون ُدولَ ًة َبي َْن‬ َ ‫يل َكيْ ََل َي ُك‬ ِ ‫ْن الس َِّب‬ ِ ‫ْالقُرْ َب ٰى َو ْال َي َتا َم ٰى َو ْال َم َساك‬
ِ ‫ِين َواب‬
‫ْاْلَ ْغ ِن َيا ِء ِم ْن ُك ْم ۚۚ َو َما آ َتا ُك ُم الرَّ سُو ُل َف ُخ ُذوهُ َو َما َن َها ُك ْم َع ْن ُه‬
‫ب‬ َ َّ َّ‫َّللاَ ۖۚ إِن‬
ِ ‫َّللا َشدِي ُد ْال ِع َقا‬ َّ ‫َفا ْن َتهُوا ۚۚ َوا َّتقُوا‬

203
EMQ 59:6

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“… and whatever Allah favoured the

Messenger with the wealth of the kuffar
without fighting, will be (some) for the
Messenger of Allah, the poor, the needy
… so that it does not become a circulation
only among the rich among you.”204

So we have approached the topic of distribution of

wealth from the concept of Huquq, trusts and rights.

However, further discussion is required about the

management of the economic affairs, appointment of
responsible people for tasks to organise the collection,
accounting and distribution of wealth also, but this is a
different much larger topic in itself. This requires
understanding the nature of wealth, treasures,
resources, natural and man-made, detailing all of the
various resources of the earth and our role as trustee
over those resources.

Allah (swt) has made the heavens and the earth

subservient to human beings, full of treasures and
resources for the benefit of mankind. He has made us
trustee over it all to ensure that it is managed,
preserved and kept pure and clean and to ensure that

204
EMQ 59: 7

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all creation can access, cultivate and benefit from it

without greed or hoarding.

Those resources include every form of natural gas, oil,

light, fire, fuel, ores, minerals, pasture and more. It
further includes every product and derivative of those
natural resources. The Shariah politics of economic
management includes the prevention of privatisation of
natural resources. Allah (swt) says,

ْ‫شوا فِي َم َناك ِِب َها َو ُكلُوا مِن‬ُ ْ‫وَل َفام‬ َ ْ‫ه َُو الَّذِي َج َع َل لَ ُك ُم ْاْلَر‬
ً ُ‫ض َذل‬
ُ ‫ِر ْز ِق ِه ۖۚ َوإِلَ ْي ِه ال ُّن‬
‫شو ُر‬
“He alone made this land level and
subservient for you, so walk over it, work
and eat from what Allah has provided
from you, and you will be resurrected
from it to Him.”205

So Allah (swt) has indicated the need for man to work,

earn and seek out our provisions from the benefit and
bounties that He has created for us. Allah (swt) has also
indicated that the resources and blessings of Allah (swt)
are abundant and plenty, some of it is visible and
apparent, and some of it hidden that may be discovered

205
EMQ 69: 15

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in the future or may remain hidden from us. Allah (swt)

says,

‫ك َتجْ ِري فِي ْال َبحْ ِر‬ َ ‫ض َو ْالفُ ْل‬ ِ ْ‫َّللاَ َس َّخ َر لَ ُك ْم َما فِي ْاْلَر‬
َّ َّ‫أَلَ ْم َت َر أَن‬
َ َّ َّ‫ض إِ ََّل ِبإِ ْذ ِن ِه ۗۚ إِن‬
‫َّللا‬ ِ ْ‫ك ال َّس َما َء أَنْ َت َق َع َعلَى ْاْلَر‬ُ ِ‫ِبأَمْ ِر ِه َويُمْ س‬
‫اس لَ َرءُوفٌ َرحِي ٌم‬ ِ ‫ِبال َّن‬
“See you not that Allah has subjected to
you (mankind) all that is on the earth,
and the ships that sail through the sea by
His Command? He withholds the heaven
from falling on the earth except by His
Leave. Verily, Allah is, for mankind, full of
Kindness, Most Merciful.”206

So there will always be enough provisions for us in

existence. Allah (swt) says,

‫ض َوأَ ْن َز َل م َِن ال َّس َما ِء َما ًء َفأ َ ْخ َر َج‬ َ ْ‫ت َو ْاْلَر‬ َّ

ِ ‫َّللاُ الَّذِي َخلَ َق ال َّس َم َاوا‬
‫ي فِي ْال َبحْ ِر‬ َ ‫ك لِ َتجْ ِر‬َ ‫ت ِر ْز ًقا لَ ُك ْم ۖۚ َو َس َّخ َر لَ ُك ُم ْالفُ ْل‬ َّ ‫ِب ِه م َِن‬
ِ ‫الث َم َرا‬
َ ‫ِبأَمْ ِر ِه ۖۚ َو َس َّخ َر لَ ُك ُم ْاْلَ ْن َه‬
‫ار‬
“Allah created the heavens and the earth
for you from nothing and He is the one
who brings rain and gives it life after it

206
EMQ 22:65

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was dead, and from it came all of your

provisions and made the ships sail on the
seas all for your benefit.”207

He made the rivers to benefit you, for you to drink, to

water your animals and crops.

And He made for you the sun and the moon that never
stop moving for your benefit, and made for you the
night and day, the night to sleep and the day to work.

So in Islam, the Shari’ah politics for wealth, resources,

economy has a completely different perspective.

207
EMQ 14:32

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

5.3 Managing Natural Resources

in Islam
Al Maal is anything that you are inclined towards. This is
why we define Da’wah linguistically as Fi’l istimaala – an
act to make someone incline toward you or toward
something.

The word maal in Arabic is also whatever you save up

for the time of need. It is that which can help / benefit
you.

Tharwah and amwaal have been mentioned in the

Qur’an.

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

َّ ‫ت‬
‫الث َر ٰى‬ ِ ْ‫ت َو َما فِي ْاْلَر‬
َ ْ‫ض َو َما َب ْي َن ُه َما َو َما َتح‬ ِ ‫لَ ُه َما فِي ال َّس َم َاوا‬
To Him belongs all that is in the heavens
and all that is on the earth, and all that is
between them, and all that is under the
soil.208

But al Tharwah – is the continuous wealth that will not

finish, the resources such as the sun, the water, the oil,
the gas, the earth etc.

Types of Natural Resources

Those resources will be one of two

 Primary sources (Tharwatul Awwaliyyah)

 Secondary Sources - The product that is made
from the primary source (Tharwatul
Thanawiyyah)

The primary resources are those which man has no

effort in its creation, and the second is the one that man
derives from the primary sources. E.g. Sand is a primary
resource but the glass, CDs etc is secondary resources.

Oil is primary, and the petrol and the jelly and

derivatives are secondary. The trees are primary sources

208
EMQ 20:6

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

but the buildings and products made from the wood is

secondary.

Allah (swt) made the water, the rivers, the oceans, the
air, the gas and many other resources and treasures in
the universe for our benefit.

Al Tharwah – is Al Rizq, and Al Ni’mah – because its

source is from Allah (swt), it is a blessing and fulfils the
needs of man as a provision for him.

View of Islam on Natural Resources

Islam adds value to the natural resources, not to look at
them only as a material wealth, but as a blessing from
Allah (swt), a Rizq and provision for mankind as a
creation of Allah (swt) that must be protected and
preserved. Allah (swt) provided them for us as a blessing
and we must only benefit from it in a particular way
defined by the Shari’ah.

It is a duty to make sure that the natural resources are

accessed by all people as a provision and blessing for
them all. It cannot be hoarded by a few or privatised or
owned by an individual.

The sun is a resource, the water is a resources, Allah

(swt) says,

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

َّ ‫ت‬
‫الث َر ٰى‬ ِ ْ‫ت َو َما فِي ْاْلَر‬
َ ْ‫ض َو َما َب ْي َن ُه َما َو َما َتح‬ ِ ‫لَ ُه َما فِي ال َّس َم َاوا‬
“To Him belongs all that is in the heavens
and all that is on the earth, and all that is
between them, and all that is under the
soil.”209

So the heat of the sun, the fresh air, the earth and what
is in it and below it, including all the natural resources
that exist there, belongs to Allah (swt) and has been
provided for all of mankind – that is different from that
which results from production and manufacture, which
is what man exerts effort to produce or invent out of
the primary resources provided by Allah (swt) and which
they made available to mankind.

That gift of Allah (swt) of primary resources is

manifested as treasure and provisions in all the animals,
fish, birds, trees, rocks. We look to the Qur’an and we
find many ayaat that motivate us and order us to invest
all those resources and to make utmost effort to
maintain it and utilise it and make it available for
mankind. To contemplate about it and benefit from it.
Allah (swt) says,

209
EMQ 20:6

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

‫ض َوأَ ْن َز َل م َِن ال َّس َما ِء َما ًء َفأ َ ْخ َر َج‬ َ ْ‫ت َو ْاْلَر‬ َّ

ِ ‫َّللاُ الَّذِي َخلَ َق ال َّس َم َاوا‬
‫ي فِي ْال َبحْ ِر‬ َ ‫ك لِ َتجْ ِر‬َ ‫ت ِر ْز ًقا لَ ُك ْم ۖۚ َو َس َّخ َر لَ ُك ُم ْالفُ ْل‬ َّ ‫ِب ِه م َِن‬
ِ ‫الث َم َرا‬
َ ‫ِبأَمْ ِر ِه ۖۚ َو َس َّخ َر لَ ُك ُم ْاْلَ ْن َه‬
‫ار‬

‫ار‬ ِ ‫مْس َو ْال َق َم َر دَا ِئ َبي‬

َ ‫ْن ۖۚ َو َس َّخ َر لَ ُك ُم اللَّ ْي َل َوال َّن َه‬ َ ‫َو َس َّخ َر لَ ُك ُم ال َّش‬

ِ َّ ‫ت‬
‫َّللا ََل‬ َ ‫َوآ َتا ُك ْم مِنْ ُك ِّل َما َسأ َ ْل ُتمُوهُ ۚۚ َوإِنْ َت ُع ُّدوا نِعْ َم‬
‫ان لَ َظلُو ٌم َك َّفا ٌر‬ ِ ْ َّ‫ُتحْ صُو َها ۗۚ إِن‬
َ ‫اِل ْن َس‬
“It is Allah who created the heavens and
the earth and sent down rain from the
sky and produced thereby some fruits as
provision for you and subjected for you
the ships to sail through the sea by His
command and subjected for you the
rivers. And He subjected for you the sun
and the moon, continuous [in orbit], and
subjected for you the night and the day.
And He gave you from all you asked of
Him. And if you should count the favour
of Allah, you could not enumerate them.
Indeed, mankind is [generally] most
unjust and ungrateful.”210

210
EMQ 14:32-34

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

If someone gives you a gift such as a car, you will be so

grateful and you will appreciate it, look after it, preserve
it and not waste it. Allah (swt) says,

‫ض‬ ِ ْ‫ت َو َما فِي ْاْلَر‬ َ َّ َّ‫أَ َل ْم َت َر ْوا أَن‬

ِ ‫َّللا َس َّخ َر لَ ُك ْم َما فِي ال َّس َم َاوا‬
ِ ‫َوأَسْ َب َغ َعلَ ْي ُك ْم ن َِع َم ُه َظاه َِر ًة َوبَاطِ َن ًة ۗۚ َوم َِن ال َّن‬
‫اس َمنْ ي َُجا ِد ُل فِي‬
ِ َّ
‫َّللا ِب َغي ِْر عِ ْلم َو ََل ُه ًدى َو ََل ِك َتاب ُمنِير‬
"Do you not see that Allah has made
subject to you whatever is in the heavens
and whatever is in the earth and amply
bestowed upon you His favours, [both]
apparent and unapparent? But of the
people is he who disputes about Allah
without knowledge or guidance or an
enlightening Book [from Him]."211

Taskheer is to be made available and subservient to you

– the land does not reject you or swallow you, the trees
and the sea does not prevent you from taking and using
it. Allah (swt) is the one who provided it for us and that
is why we must preserve it.

211
EMQ 31:20

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Treasure of Angels
More than all of these resources in the heavens and the
earth Allah (swt) provided us more – he provided us the
angels. They support us and help us and fulfil the
commands of Allah (swt) in the weather, the mountains,
the earth and protect us and the nature. They are
Hafadha – they protect us from the plot of the
shayateen as well if we are eligible for that protection.

Allah (swt) described the angels,

‫ت َذرْ ًوا‬ َّ ٰ ِ َّ ‫ِبسْ ِم‬

ِ ‫ار َيا‬ ِ ‫َّللا الرَّ حْ َم ِن الرَّ ح‬
ِ ‫ِيم َوالذ‬
ِ ‫َف ْال َحام َِل‬
‫ت ِو ْقرً ا‬

‫ت يُسْ رً ا‬ ِ ‫َف ْال َج‬

ِ ‫ار َيا‬

‫ت أَمْ رً ا‬
ِ ‫َف ْال ُم َق ِّس َما‬
"By the winds that scatter dust. And the
clouds that bear heavy weight of water;
And the ships that float with ease and
gentleness; And those angels
apportioning each matter.212

212
EMQ 51: 1-4

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

How is it that the incredible amount of water that falls

from the sky does not destroy and flood while it is more
than enough to damage, yet it falls in the perfect
balance that will benefit and provide for us in obedience
to Allah (swt). We are the ones who are so needy for
Him (swt).

Allah (swt) is the one who created us, He is the one who
decreed our rizq and brings it to us and He is the one
who decided our life span, He creates death and life to
test us, and He created all of the natural resources for
us, and He created the angels and gave them commands
to fulfil his decree.

The sun, the water, the rain, the earth, the mountains
all have the power to destroy us in a flash but Allah
(swt) maintains a balance to allow us to survive and
benefit from it all. The blessings of Allah (swt) are
countless.

َ َّ َّ‫َّللا ََل ُتحْ صُو َها ۗۚ إِن‬

‫َّللا لَ َغفُو ٌر َرحِي ٌم‬ ِ َّ ‫َوإِنْ َت ُع ُّدوا نِعْ َم َة‬
If you want to count the ni'aam of Allah;
the blessings of Allah, it is COUNTLESS213

213
EMQ 16:18

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Ibn Abbas mentioned the hidden blessing that man

cannot see with their normal senses. Such as the health,
the perfect design and body Allah (swt) created us with,
the sight, the ability to speak, knowledge, intellect,
emotions – the blessings of Allah (swt) are not only the
wealth and land that we can see and count but are
countless.

The Treasure of Animals

There is a treasure in relation to the animals. All the
land animals are an’aam. Allah (swt) says,

‫ْن َفرْ ث‬ ُ ‫َوإِنَّ لَ ُك ْم فِي ْاْلَ ْن َعام لَ ِعب َْر ًة ۖۚ ُنسْ قِي ُك ْم ِممَّا فِي ب‬
ِ ‫ُطو ِن ِه مِنْ َبي‬ ِ
‫ين‬ ‫ب‬
َ ِِ‫ار‬ َّ
‫ش‬ ‫ِل‬ ‫ل‬ ‫ا‬ ً
‫ِغ‬ ‫ئ‬ ‫ا‬ ‫س‬
َ ‫ا‬ ً‫ص‬ ِ ‫ل‬‫ا‬ َ
‫خ‬ ‫ا‬‫ن‬ً ‫ب‬َ
َ ‫َو‬
‫ل‬ ‫م‬ َ‫د‬
"And indeed, for you in grazing livestock
is a lesson. We give you drink from what
is in their bellies - between excretion and
blood - pure milk, palatable to
drinkers."214

‫َّللا ُ َج َع َل لَ ُك ْم مِنْ ُبيُو ِت ُك ْم َس َك ًنا َو َج َع َل لَ ُك ْم مِنْ جُ لُو ِد ْاْلَ ْن َع ِام ُبيُو ًتا‬
َّ ‫َو‬
َ َ
ِ ‫خ ُّفو َن َها َي ْو َم َظعْ ِن ُك ْم َو َي ْو َم إِ َقا َم ِت ُك ْم ۚ َومِنْ أصْ َوا ِف َها َوأ ْو َب‬
‫ار َها‬ ِ ‫َتسْ َت‬
‫ار َها أَ َث ًاثا َو َم َتاعًا إِلَ ٰى حِين‬ َ
ِ ‫َوأ ْش َع‬

214
EMQ 16:66

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

And Allah has made for you in your

homes an abode, and made for you out of
the hides of the cattle (tents for)
dwelling, which you find so light (and
handy) when you travel and when you
stay (in your travels), and of their wool,
fur, and hair (sheep wool, camel fur, and
goat hair), a furnishing and articles of
convenience (e.g. carpets, blankets, etc.),
a comfort for a while.215

The Treasure of Crops and Fruits

All of the trees are a treasure, the date tree, the fig, the
palms, the fruits, crops. Allah (swt) says,

َ ‫ون َوال َّنخِي َل َو ْاْلَعْ َن‬

‫اب َومِنْ ُك ِّل‬ َ ‫الز ْي ُت‬ ُ ‫ُي ْن ِب‬
َّ ‫ت لَ ُك ْم ِب ِه‬
َّ ‫الزرْ َع َو‬
ٰ َّ
َ ‫ت ۗۚ إِنَّ فِي َذل َِك َْل َي ًة لِ َق ْوم َي َت َف َّكر‬
‫ُون‬ ِ ‫الث َم َرا‬
With it He produces for you corn, olives,
date-palms, grapes and every kind of
fruit: verily in this is a sign for those who
give thought.216

215
EMQ 16:80
216
EMQ 16:11

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Allah (swt) mentioned all of these treasures.

َ ‫ب َت َّتخ ُِذ‬
‫ون ِم ْن ُه َس َكرً ا َو ِر ْز ًقا‬ ِ ‫ِيل َو ْاْلَعْ َنا‬
ِ ‫ت ال َّنخ‬ِ ‫َومِنْ َث َم َرا‬
ٰ
‫ون‬َ ُ‫َح َس ًنا ۗۚ إِنَّ فِي َذل َِك َْل َي ًة لِ َق ْوم َيعْ ِقل‬

ِ ‫ُّك إِلَى ال َّنحْ ِل أَ ِن ا َّت ِخذِي م َِن ْال ِج َب‬

‫ال ُبيُو ًتا َوم َِن ال َّش َج ِر‬ َ ‫َوأَ ْو َح ٰى َرب‬
‫ون‬
َ ‫ش‬ ُ ‫َو ِممَّا َيعْ ِر‬

ْ‫ت َفاسْ لُكِي ُس ُب َل َربِّكِ ُذلُ ًل ۚۚ َي ْخرُ ُج مِن‬ َّ ‫ُث َّم ُكلِي مِنْ ُك ِّل‬
ِ ‫الث َم َرا‬
‫اس ۗۚ إِنَّ فِي ٰ َذل َِك َْل َي ًة‬
ِ ‫ُطو ِن َها َش َرابٌ م ُْخ َتلِفٌ أَ ْل َوا ُن ُه فِي ِه شِ َفا ٌء لِل َّن‬
ُ ‫ب‬
َ ‫لِ َق ْوم َي َت َف َّكر‬
‫ُون‬
"And from the fruits of date-palms and
grapes, you derive strong drink and a
goodly provision. Verily, therein is indeed
a sign for people who have wisdom. And
your Lord inspired the bee, saying: "Take
you habitations in the mountains and in
the trees and in what they erect. "Then,
eat of all fruits, and follow the ways of
your Lord made easy (for you)." There
comes forth from their bellies, a drink of
varying colour wherein is healing for

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

men. Verily, in this is indeed a sign for

people who think."217

The Treasures of the Sea

‫َوه َُو الَّذِي َس َّخ َر ْال َبحْ َر لِ َتأْ ُكلُوا ِم ْن ُه لَحْ مًا َط ِر ًيا َو َتسْ َت ْخ ِرجُوا ِم ْن ُه‬
َ ‫ح ِْل َي ًة َت ْل َبسُو َن َها َو َت َرى ْالفُ ْل‬
‫ك َم َواخ َِر فِي ِه َولِ َت ْب َت ُغوا مِنْ َفضْ لِ ِه َولَ َعلَّ ُك ْم‬
َ ‫َت ْش ُك‬
‫رُون‬
And He it is Who has subjected the sea
(to you), that you eat thereof fresh tender
meat (i.e. fish), and that you bring forth
out of it ornaments to wear. And you see
the ships ploughing through it, that you
may seek (thus) of His Bounty (by
transporting the goods from place to
place) and that you may be grateful.218

And pearls and corals and the ability to travel and carry
your boats.

217
EMQ 16:67-69
218
EMQ 16:14

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

The Treasure of Metals

‫ان لِ َيقُو َم‬ َ ‫اب َو ْالم‬

َ ‫ِيز‬ َ ‫ت َوأَ ْن َز ْل َنا َم َع ُه ُم ْال ِك َت‬
ِ ‫لَ َق ْد أَرْ َس ْل َنا ُر ُسلَ َنا ِب ْال َب ِّي َنا‬
ْ
ِ ‫ال َّناسُ ِب ْالقِسْ طِ ۖۚ َوأَ ْن َز ْل َنا ْال َحدِيدَ فِي ِه َبأسٌ َشدِي ٌد َو َم َنا ِف ُع لِل َّن‬
‫اس‬
ٌ ‫َّللاَ َق ِوي َع ِز‬
‫يز‬ َّ َّ‫ب ۚۚ إِن‬ ِ ‫َّللا ُ َمنْ َي ْنصُرُ هُ َورُ ُسلَ ُه ِب ْال َغ ْي‬ َّ ‫َولِ َيعْ لَ َم‬

Indeed We have sent Our Messengers

with clear proofs, and revealed with them
the Scripture and the Balance (justice)
that mankind may keep up justice. And
We brought forth iron wherein is mighty
power (in matters of war), as well as
many benefits for mankind, that Allah
may test who it is that will help Him (His
religion), and His Messengers in the
unseen. Verily, Allah is All-Strong, All-
Mighty.219

The Treasure of Fire

This includes all fuels such as gas, fire, oil, firewood,

‫ت أَ ْو ِد َي ٌة ِب َقدَ ِر َها َفاحْ َت َم َل ال َّس ْي ُل َز َب ًدا‬

ْ َ‫أَ ْن َز َل م َِن ال َّس َما ِء َما ًء َف َسال‬
‫ار ا ْبت َِغا َء ح ِْل َية أَ ْو َم َتاع َز َب ٌد‬ ِ ‫ون َعلَ ْي ِه فِي ال َّن‬ َ ‫َر ِابيًا ۚۚ َو ِممَّا يُو ِق ُد‬

219
EMQ 57:25

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

ُ‫الز َب ُد َف َي ْذ َهب‬ َّ ُ‫م ِْثلُ ُه ۚۚ َك ٰ َذل َِك َيضْ ِرب‬

َّ ‫َّللا ُ ْال َح َّق َو ْالبَاطِ َل ۚۚ َفأَمَّا‬
ُ‫ض ۚۚ َك ٰ َذل َِك َيضْ ِرب‬ ِ ْ‫ث فِي ْاْلَر‬ ُ ‫اس َف َيمْ ُك‬ َ ‫جُ َفا ًء ۖۚ َوأَمَّا َما َي ْن َف ُع ال َّن‬
‫َّللاُ ْاْلَ ْم َثا َل‬
َّ

"He sends down water (rain) from the

sky, and the valleys flow according to
their measure, but the flood bears away
the foam that mounts up to the surface,
and (also) from that (ore) which they
heat in the fire in order to make
ornaments or utensils, rises a foam like
unto it, thus does Allah (by parables)
show forth truth and falsehood . Then, as
for the foam it passes away as scum upon
the banks, while that which is for the
good of mankind remains in the earth.
Thus Allah sets forth parables (for the
truth and falsehood, i.e. Belief and
disbelief)." 220

The fire that allows us to burn, to cook, to melt, to

manufacture new metals and create weapons and
manipulate the metals.

220
EMQ 13:17

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

People benefit from all of these treasures but don’t

bother to think about the fact that Allah (swt) is the one
who created it for us so we can benefit and utilise it.

The Treasure of Stones

Not to mention the gold, silver diamonds, the gems, the
cotton, the salt, the sugar and all else.

‫َّللاَ أَ ْن َز َل م َِن ال َّس َما ِء َما ًء َفأ َ ْخ َرجْ َنا ِب ِه َث َم َرات م ُْخ َتلِ ًفا‬
َّ َّ‫أَلَ ْم َت َر أَن‬
‫ال جُدَ ٌد ِبيضٌ َوحُ مْ رٌ م ُْخ َتلِفٌ أَ ْل َوا ُن َها‬ ِ ‫أَ ْل َوا ُن َها ۚۚ َوم َِن ْال ِج َب‬
‫َو َغ َر ِابيبُ سُو ٌد‬

‫اس َوال َّد َوابِّ َو ْاْلَ ْن َع ِام م ُْخ َتلِفٌ أَ ْل َوا ُن ُه َك ٰ َذل َِك ۗۚ إِ َّن َما َي ْخ َشى‬ ِ ‫َوم َِن ال َّن‬
‫َّللا َع ِزي ٌز َغفُو ٌر‬ َ َّ َّ‫َّللا مِنْ عِ َبا ِد ِه ْال ُعلَ َما ُء ۗۚ إِن‬ َ َّ
"See you not that Allah sends down water
(rain) from the sky, and We produce
therewith fruits of varying colours, and
among the mountains are streaks white
and red, of varying colours and (others)
very black."221

221
EMQ 35:27-28

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Man’s Relationship toward Natural Resources

So we are needy to know how we can invest and
preserve these treasures – There is a principle in the
Shari’ah that whatever Allah (swt) provided for us and
ordered us to know about it and benefit from it, it is a
sufficient fard for some people to learn about it and be
expert in it – to know how to benefit and preserve it.

That requires responsibility, requires appointment, that

requires a Khalifah, an Islamic state to make sure that
these roles are fulfilled. Allah (swt) has made us trustee
in the earth for his treasures and wealth – Khalifah in
the earth.

‫ض َخلِي َف ًة ۖۚ َقالُوا‬ ِ ْ‫ُّك ل ِْل َم َل ِئ َك ِة إِ ِّني َجاعِ ٌل فِي ْاْلَر‬ َ ‫َوإِ ْذ َقا َل َرب‬
ُ ‫أَ َتجْ َع ُل ِفي َها َمنْ ُي ْفسِ ُد فِي َها َو َيسْ ِف‬
َ ‫ك ال ِّد َما َء َو َنحْ نُ ُن َس ِّب ُح ِب َح ْمد‬
‫ِك‬
‫ُون‬َ ‫َو ُن َق ِّدسُ لَ َك ۖۚ َقا َل إِ ِّني أَعْ لَ ُم َما ََل َتعْ لَم‬
“When your Lord said to the angels, ‘I will
place in the Earth a Khalifah.’ They said,
‘Will you place in their one that will
corrupt it and spill blood while we glorify
and praise you and worship you?’ Allah

349
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

replied, ‘Verily, I know what you do not

know.’”222

This management and trust must be fulfilled as

thankfulness to Allah (swt) within the laws of Allah
(swt). Allah (swt) says,

۟ ُ ‫وا فِى َم َناك ِِب َها َو ُكل‬

‫وا مِن‬ ۟ ‫ش‬ َ ْ‫ه َُو ٱلَّذِى َج َع َل لَ ُك ُم ْٱْلَر‬
ً ُ‫ض َذل‬
ُ ْ‫وَل َفٱم‬

ُ ‫رِّ ْز ِقهِۦ َوإِلَ ْي ِه ٱل ُّن‬

‫شو ُر‬
“Allah made the earth humble to you, go
about and eat from the rizq Allah
provided for you and to Him is the
resurrection.” 223

The problem is not as the socialist and capitalists claim

that there is a shortage of the resources in the earth,
rather there is plenty but it must be managed and
distributed so that everyone can have their share.

َ
ِ ‫ون فِي آ َيا ِت َنا ََل َي ْخ َف ْو َن َعلَ ْي َنا ۗۚ أ َف َمنْ ي ُْل َق ٰى فِي ال َّن‬
‫ار‬ َ ‫ِين ي ُْل ِح ُد‬
َ ‫إِنَّ الَّذ‬
‫َخيْرٌ أَ ْم َمنْ َيأْتِي آ ِم ًنا َي ْو َم ْالقِ َيا َم ِة ۚۚ اعْ َملُوا َما شِ ْئ ُت ْم ۖۚ إِ َّن ُه ِب َما‬
ٌ‫ون بَصِ ير‬ َ ُ‫َتعْ َمل‬

222
EMQ 2:31
223
EMQ 67:15

350
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

He placed therein (i.e. the earth) firm

mountains from above it, and He blessed
it, and measured therein its sustenance
(for its dwellers) in four Days equal (i.e.
all these four 'days' were equal in the
length of time), for all those who ask
(about its creation).224

ِ ْ‫َو َما مِنْ دَ ابَّة فِي ْاْلَر‬

ِ َّ ‫ض إِ ََّل َعلَى‬
‫َّللا ِر ْزقُ َها َو َيعْ لَ ُم مُسْ َت َقرَّ َها‬
‫َومُسْ َت ْودَ َع َها ۚۚ ُكل فِي ِك َتاب م ُِبين‬
And no (moving) living creature is there
on earth but its provision is due from
Allah. And He knows its dwelling place
and its deposit (in the uterous, grave,
etc.). all is in a Clear Book (Al-Lauh Al-
Mahfuz - the Book of Decrees with
Allah)225

Allah (swt) knows what He created for us and how much

He provided but we are not aware of the ni’am of Allah.

َ ‫ون ۖۚ َو َس ُت َر ُّد‬
‫ون‬ َ ‫َّللا ُ َع َملَ ُك ْم َو َرسُولُ ُه َو ْالم ُْؤ ِم ُن‬ َّ ‫َوقُ ِل اعْ َملُوا َف َس َي َرى‬
ِ ‫إِلَ ٰى َعال ِِم ْال َغ ْي‬
َ ُ ‫ب َوال َّش َهادَ ِة َف ُي َن ِّب ُئ ُك ْم ِب َما ُك ْن ُت ْم َتعْ َمل‬
‫ون‬

224
EMQ 41:10
225
EMQ 11:6

351
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

"And say "Do deeds! Allah will see your

deeds, and (so will) His Messenger and
the believers. And you will be brought
back to the All-Knower of the unseen and
the seen. Then He will inform you of what
you used to do.""226

226
EMQ 9:105

352
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

5.4 Managing the Environment in

Islam (Al-Mi’ah)
It is known by necessity that we must do whatever is
good for people, mankind and even the environment.
What is good is whatever Islam has defined, Allah (swt)
is the legislator, the commander, the provider, the all
knowledgeable – He knows what is best for us and what
is evil or bad for us.

Whatever is good is defined by Islam to be good and

whatever is bad is defined by Islam to be bad. Even
though we have a fitrah to recognise what is good or
bad, it is not our rational mind that legislates or decides

353
 ‫’‪Al-Siyaasah Al-Shar’iyyah | Abu Baraa‬‬

‫‪what is good or bad. Rather Allah (swt) alone knows‬‬

‫‪what is beneficial for the environment, man, the jinn‬‬
‫‪and all the creation.‬‬

‫‪Allah Creates the Environment Pure, Man‬‬

‫‪Pollutes it‬‬
‫‪Allah (swt) is the one who created all of the universe,‬‬
‫‪the heavens and the earth and all that is between it and‬‬
‫‪He created it perfect, pure and clean. But it is man that‬‬
‫‪corrupts or pollutes it. Allah (swt) says,‬‬

‫ون‬‫َو ْاْلَ ْن َعا َم َخلَ َق َها ۗ لَ ُك ْم فِي َها دِفْ ٌء َو َم َنا ِف ُع َو ِم ْن َها َتأْ ُكل ُ َ‬
‫ِين َتسْ َرح َ‬
‫ُون‬ ‫ُون َوح َ‬ ‫ِين ُت ِريح َ‬ ‫َولَ ُك ْم فِي َها َج َما ٌل ح َ‬
‫َ‬
‫سۚ‬ ‫َو َتحْ ِم ُل أَ ْث َقالَ ُك ْم إِلَ ٰى َبلَد لَ ْم َت ُكو ُنوا َبالِغِي ِه إِ ََّل ِبشِ ِّق ْاْل ْنفُ ِ‬
‫إِنَّ َر َّب ُك ْم لَ َرءُوفٌ َرحِي ٌم‬
‫ِير لِ َترْ َكبُو َها َو ِزي َن ًة ۚ َو َي ْخل ُ ُق َما ََل‬ ‫َو ْال َخ ْي َل َو ْال ِب َغا َل َو ْال َحم َ‬
‫َتعْ لَم َ‬
‫ُون‬
‫يل َو ِم ْن َها َجا ِئ ٌر ۚ َولَ ْو َشا َء لَ َه َدا ُك ْم‬ ‫َّللا َقصْ ُد الس َِّب ِ‬ ‫َو َعلَى َّ ِ‬
‫أَجْ َمع َ‬
‫ِين‬
‫ه َُو الَّذِي أَ ْن َز َل م َِن ال َّس َما ِء َما ًء ۖ لَ ُك ْم ِم ْن ُه َش َرابٌ َو ِم ْن ُه‬
‫َش َج ٌر فِي ِه ُتسِ يم َ‬
‫ُون‬
‫اب َومِنْ‬ ‫ون َوال َّنخِي َل َو ْاْلَعْ َن َ‬ ‫الز ْي ُت َ‬
‫الزرْ َع َو َّ‬ ‫ت لَ ُك ْم ِب ِه َّ‬ ‫ُي ْن ِب ُ‬
‫ٰ‬ ‫ُك ِّل َّ‬
‫ك َْل َي ًة لِ َق ْوم َي َت َف َّكر َ‬
‫ُون‬ ‫ت ۗ إِنَّ فِي َذلِ َ‬ ‫الث َم َرا ِ‬
‫ْس َو ْال َق َم َر ۖ َوال ُّن ُجو ُم‬ ‫ار َوال َّشم َ‬ ‫َو َس َّخ َر لَ ُك ُم اللَّ ْي َل َوال َّن َه َ‬
‫ٰ‬
‫ون‬‫ك َْل َيات لِ َق ْوم َيعْ ِقل ُ َ‬ ‫ات ِبأَم ِْر ِه ۗ إِنَّ فِي َذلِ َ‬ ‫ُم َس َّخ َر ٌ‬

‫‪354‬‬
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

ٰ
‫ك َْل َي ًة‬َ ِ‫ض م ُْخ َتلِ ًفا أَ ْل َوا ُن ُه ۗ إِنَّ فِي َذل‬ ِ ْ‫َو َما َذ َرأَ لَ ُك ْم فِي ْاْلَر‬
َ ‫لِ َق ْوم َي َّذ َّكر‬
‫ُون‬
‫َوه َُو الَّذِي َس َّخ َر ْال َبحْ َر لِ َتأْ ُكلُوا ِم ْن ُه لَحْ مًا َط ِر ًيا‬
‫ك َم َواخ َِر فِي ِه‬ َ ‫َو َتسْ َت ْخ ِرجُوا ِم ْن ُه ح ِْل َي ًة َت ْل َبسُو َن َها َو َت َرى ْالفُ ْل‬
َ ‫َولِ َت ْب َت ُغوا مِنْ َفضْ لِ ِه َولَ َعلَّ ُك ْم َت ْش ُكر‬
‫ُون‬

“And the cattle, He has created them for

you; in them there is warmth (warm
clothing), and numerous benefits, and of
them you eat.

And wherein is beauty for you, when

you bring them home in the evening,
and as you lead them forth to pasture in
the morning.

And they carry your loads to a land that

you could not reach except with great
trouble to yourselves. Truly, your Lord is
full of Kindness, Most Merciful.

And (He has created) horses, mules and

donkeys, for you to ride and as an
adornment. And He creates (other)
things of which you have no knowledge.

355
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

And upon Allah is the responsibility to

explain the Straight Path but there are
ways that turn aside. And had He willed,
He would have guided you all
(mankind).”227

Allah Creates the Environment Beautiful, Man deforms it

Allah (swt) made it so beautiful, perfect and ordered,
everything working in cooperation and in order, and the
prophet (saw) laid down the principle,

“No harming yourself nor harming

others”

The Environment Must be Preserved and Harm

Removed
It is not allowed to cause harm to others by even
littering, leaving rubbish in the street, or causing smoke
and harmful gases that harm the people. The Prophet
(saw) ordered us with certain rights of the roads, the
Prophet (saw) said,

“Be careful from sitting on the road” they

said, “can we sit to talk?” he said “If you
insist to sit then give the road its rights.”
They said, “What is its right?” the

227
EMQ 16:5-10

356
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Prophet (saw) said, “Lower your gaze,

don’t harm others, and command the
good and forbid the evil.“228

And to clean the road and remove any harmful thing

from the road and path that might harm others is part
of the Taqwa, Imaan and worship to Allah (swt) –
Imaatah al ‘azaa ‘an al tareeq – this is so general to
include removing any harmful thing from the road.

The Prophet (saw) said to the armies in the raids against

the kuffar.

“Do not kill women, children, old men, do

not cut the trees, or burn the date palms,
do not destroy the homes”

Allah (swt) ordered us to preserve the environment, the

Prophet (saw) said,

“A Muslim does not plant a seed except

that he is rewarded for charity”

And he ordered us,

“Beware of the 3 cursed things” they

asked, “What are the malaa’in?” he said,

228
Saheeh Bukhari

357
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

“He must not defecate or urine in a place

that people sit and enjoy the shade, or
the road or the water”

These are the cursed things as if people were to see or

smell that in a place where people benefit they will
curse it.

The Prophet (saw) said,

“be careful of the cursed one” they asked

“who is the cursed one?” he said “the one
who defecates in the place of people’s
shade or road or where they sit.”

Sa’d said the Prophet (saw) said,

“Allah is pure (Tayyib) and he loves the

pure, clean and he likes you to be clean
and He is generous and he likes you to be
generous (and Allah ordered you to clean
your roads and places and don’t be like
the Jews.)”229

From this we can understand the definition of looking

after the environment. It is so comprehensive in Islam.

229
Tirmizi

358
 ‫’‪Al-Siyaasah Al-Shar’iyyah | Abu Baraa‬‬

‫‪We are talking about the land, the sea, the mountains,‬‬
‫‪the sky, the animals, all creation and the relationship‬‬
‫‪between us and everything around us. The environment‬‬
‫‪includes everything that Allah (swt) has created, even‬‬
‫‪the insects, the fuel, energy and everything that Allah‬‬
‫‪(swt) has created for man to benefit from.‬‬

‫‪The Environment was Created to be Enjoyed and‬‬

‫‪Benefited From and Must be Preserved for Others‬‬
‫‪Allah (swt) says‬‬

‫ه َُو الَّذِي أَ ْن َز َل م َِن ال َّس َما ِء َما ًء ۖ لَ ُك ْم ِم ْن ُه َش َرابٌ َو ِم ْن ُه‬

‫َش َج ٌر فِي ِه ُتسِ يم َ‬
‫ُون‬
‫اب َومِنْ‬ ‫ون َوال َّنخِي َل َو ْاْلَعْ َن َ‬ ‫الز ْي ُت َ‬‫الزرْ َع َو َّ‬ ‫ت لَ ُك ْم ِب ِه َّ‬ ‫ُي ْن ِب ُ‬
‫ٰ‬ ‫ُك ِّل َّ‬
‫ك َْل َي ًة لِ َق ْوم َي َت َف َّكر َ‬
‫ُون‬ ‫ت ۗ إِنَّ فِي َذلِ َ‬ ‫الث َم َرا ِ‬
‫ْس َو ْال َق َم َر ۖ َوال ُّن ُجو ُم‬‫ار َوال َّشم َ‬ ‫َو َس َّخ َر لَ ُك ُم اللَّ ْي َل َوال َّن َه َ‬
‫ٰ‬
‫ون‬‫ك َْل َيات لِ َق ْوم َيعْ ِقل ُ َ‬ ‫ات ِبأَم ِْر ِه ۗ إِنَّ فِي َذلِ َ‬ ‫ُم َس َّخ َر ٌ‬
‫ٰ‬
‫ك َْل َي ًة‬ ‫ض م ُْخ َتلِ ًفا أَ ْل َوا ُن ُه ۗ إِنَّ فِي َذلِ َ‬ ‫َو َما َذ َرأَ لَ ُك ْم فِي ْاْلَرْ ِ‬
‫ُون‬‫ِل َق ْوم َي َّذ َّكر َ‬
‫َوه َُو الَّذِي َس َّخ َر ْال َبحْ َر لِ َتأْ ُكلُوا ِم ْن ُه لَحْ مًا َط ِر ًيا‬
‫ك َم َواخ َِر فِي ِه‬ ‫َو َتسْ َت ْخ ِرجُوا ِم ْن ُه ح ِْل َي ًة َت ْل َبسُو َن َها َو َت َرى ْالفُ ْل َ‬
‫َولِ َت ْب َت ُغوا مِنْ َفضْ لِ ِه َولَ َعلَّ ُك ْم َت ْش ُكر َ‬
‫ُون‬
‫ض َر َواسِ َي أَنْ َتمِي َد ِب ُك ْم َوأَ ْن َهارً ا َو ُسب ًُل‬ ‫َوأَ ْل َق ٰى فِي ْاْلَرْ ِ‬
‫ون‬‫لَ َعلَّ ُك ْم َت ْه َت ُد َ‬
‫َو َع َل َمات ۚ َو ِبال َّنجْ ِم ُه ْم َي ْه َت ُد َ‬
‫ون‬

‫‪359‬‬
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

“It is He who sends down rain from the

sky; from it is drink and from it is foliage
in which you pasture [animals].

He causes to grow for you thereby the

crops, olives, palm trees, grapevines, and
from all the fruits. Indeed in that is a sign
for a people who give thought.

And He has subjected for you the night

and day and the sun and moon, and the
stars are subjected by His command.
Indeed in that are signs for a people who
reason.

And [He has subjected] whatever He

multiplied for you on the earth of varying
colours. Indeed in that is a sign for a
people who remember.

And it is He who subjected the sea for you

to eat from it tender meat and to extract
from it ornaments which you wear. And
you see the ships plowing through it, and
[He subjected it] that you may seek of His
bounty; and perhaps you will be grateful.

360
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

And He has cast into the earth firmly set

mountains, lest it shift with you, and
[made] rivers and roads, that you may be
guided,

And landmarks. And by the stars they are

[also] guided.”230

Allah (swt) wants you to live and enjoy all of this

creation and to clean and preserve it. Allah (swt) is
discussing the universe, and the interaction between us
and the universe and the relationship between us. Allah
(swt) says,

‫َخ َل َق ُك ْم مِنْ َن ْفس َوا ِح َدة ُث َّم َج َع َل ِم ْن َها َز ْو َج َها َوأَ ْن َز َل لَ ُك ْم‬
‫ون أ ُ َّم َها ِت ُك ْم َخ ْل ًقا‬
ِ ‫ُط‬ ُ ‫م َِن ْاْلَ ْن َعام َث َما ِن َي َة أَ ْز َواج ۚ َي ْخلُقُ ُك ْم فِي ب‬
ِ
ۖ‫ك‬ َّ ‫ظلُ َمات َث َلث ۚ ٰ َذلِ ُك ُم‬
ُ ‫َّللا ُ َر ُّب ُك ْم لَ ُه ْالم ُْل‬ ُ ‫مِنْ َبعْ ِد َخ ْلق فِي‬
َ ُ‫ََل إِ ٰلَ َه إِ ََّل ه َُو ۖ َفأ َ َّن ٰى ُتصْ َرف‬
‫ون‬

“He created you (all) from a single person

(Adam); then made from him his wife
[Hawwa' (Eve)]. And He has sent down
for you of cattle eight pairs (of the sheep,
two, male and female; of the goats, two,
male and female; of the oxen, two, male

230
EMQ 16:10-16

361
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

and female; and of the camels, two, male

and female). He creates you in the
wombs of your mothers, creation after
creation in three veils of darkness, such is
Allah your Lord. His is the kingdom, La
ilaha illa Huwa (none has the right to be
worshipped but He). How then are you
turned away?”231

And Allah (swt) taught us about the cycle of the water,

‫يع فِي‬ َ ‫َّللا أَ ْن َز َل م َِن ال َّس َما ِء َما ًء َف َسلَ َك ُه َي َن ِاب‬

َ َّ َّ‫أَلَ ْم َت َر أَن‬
ُ‫ض ُث َّم ي ُْخ ِر ُج ِب ِه َزرْ ًعا م ُْخ َتلِ ًفا أَ ْل َوا ُن ُه ُث َّم َي ِهي ُج َف َت َراه‬ِ ْ‫ْاْلَر‬
‫ك لَ ِذ ْك َر ٰى ِْلُولِي‬ ٰ
َ ِ‫مُصْ َف ًرا ُث َّم َيجْ َعل ُ ُه ُح َطامًا ۚ إِنَّ فِي َذل‬
ِ ‫ْاْلَ ْل َبا‬
‫ب‬
“See you not, that Allâh sends down
water (rain) from the sky, and causes it to
penetrate the earth, (and then makes it
to spring up) as water-springs and
afterward thereby produces crops of
different colours, and afterward they
wither and you see them turn yellow,
then He makes them dry and broken

231
EMQ 39: 6

362
 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

pieces. Verily, in this, is a Reminder for

men of understanding.”232

It is not Allowed to Create Things that will

Destroy the Environment
To worship Allah (swt), we have to protect that perfect
creation and must not involve in creating things that will
harm the environment without a permit, e.g. fireworks,
bombs, nuclear weapons etc.

The main pillar that the entire environment has been

built upon is Tawheed Allah, that none is worthy of
worship besides Allah (swt). That is the driving force
behind our thoughts, sayings and actions in relation to
the environment.

The Environment is a Public Interest and not

Personal Property
The environment is the public interest of the people,
and that has been given importance in Islam. Allah (swt)
says,
‫ض ُك ْم َف ْو َق‬
َ ْ‫ض َو َر َف َع َبع‬ ِ ْ‫ِف ْاْلَر‬َ ‫َوه َُو الَّذِي َج َعلَ ُك ْم َخ َلئ‬
‫ك َس ِري ُع‬ َ ‫َبعْ ض د ََر َجات لِ َي ْبل ُ َو ُك ْم فِي َما آ َتا ُك ْم ۗ إِنَّ َر َّب‬
ِ ‫ْال ِع َقا‬
‫ب َوإِ َّن ُه لَ َغفُو ٌر َرحِي ٌم‬

232
EMQ 39: 21

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“He is the one who made you responsible

for the land, replacing each other on the
earth. And He has raised you in ranks,
some above others that He may try you in
that which He has bestowed on you.
Surely your Lord is Swift in retribution,
and certainly He is Oft Forgiving, Most
Merciful.” [6:165]

Humans are Trustees over the Environment and Must

Look After it
That istikhlaaf has a purpose and that purpose is to
keep the environment clean and green. The Prophet
(saw) said,

“The Dunya is beautiful and green, and

Allah made you responsible on it and
Allah is watching what you will do.”

Man is Wasiy – responsible to look after that which

Allah (swt) has created, from the animals, the birds, the
rivers, oceans, the trees etc. That is an Amaanah. The
one who will benefit from it is the people themselves.

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Destroying the Environment Leads to Difficulty in

this World and the Next
And if he abuses it, he is the one who will pay the price
in the dunya and the hereafter. If he abuses the rocks,
the rivers, the animals and the water. Anything that
pollutes the natural fitrah and the creation is forbidden.
Allah (swt) says,

‫س َنصِ ي َب َك م َِن‬ َ ‫ار ْاْلخ َِر َة ۖ َو ََل َت ْن‬ َّ ‫ك‬

َ ‫َّللا ُ ال َّد‬ َ ‫َوا ْب َت ِغ فِي َما آ َتا‬
‫ك ۖ َو ََل َتب ِْغ ْال َف َسا َد فِي‬ َّ ‫ال ُّد ْن َيا ۖ َوأَحْ سِ نْ َك َما أَحْ َس َن‬
َ ‫َّللا ُ إِلَ ْي‬
َ ‫َّللا ََل ُيحِبُّ ْال ُم ْفسِ ِد‬
‫ين‬ َ َّ َّ‫ض ۖ إِن‬ ِ ْ‫ْاْلَر‬
“But seek, with that (wealth) which Allâh
has bestowed on you, the home of the
Hereafter, and forget not your portion of
legal enjoyment in this world, and do
good as Allâh has been good to you, and
seek not mischief in the land. Verily, Allâh
likes not the Mufsidûn (those who
commit great crimes and sins,
oppressors, tyrants, mischief-makers,
corrupts).”233

233
EMQ 28:77

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Islam calls you to enjoy and benefit from whatever Allah

(swt) created but not to damage it, not to drink from
the well and then throw your sewage in it. Some people
have a picnic and then leave a lot of mess behind, that is
not allowed in Islam. Allah (swt) ordered us to seek to
please Allah (swt) in every action.

َ ‫ُوح ٰى إِ َليَّ أَ َّن َما إِ ٰلَ ُه ُك ْم إِ ٰلَ ٌه َوا ِح ٌد ۖ َف َمنْ َك‬

‫ان‬ َ ‫ُق ْل إِ َّن َما أَ َنا َب َش ٌر م ِْثلُ ُك ْم ي‬
‫صالِحً ا َو ََل ُي ْش ِركْ ِب ِع َبادَ ِة َر ِّب ِه أَ َح ًدا‬ َ ‫َيرْ جُو لِ َقا َء َر ِّب ِه َف ْل َيعْ َم ْل َع َم ًل‬
“Say: "I am but a man like yourselves,
(but) the inspiration has come to me, that
your Allah is one Allah: whoever expects
to meet his Lord, let him work
righteousness, and, in the worship of his
Lord, admit no one as partner.”234

If Allah (swt) ordered us to keep the environment clean,

we cannot follow our desires and cause harm to the
environment. That is the principle in the Shari’ah to
make Islaah and not fasaad.

234
EMQ 18:110

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Nobody can claim that we were created without any

purpose. Allah (swt) says,

َ ‫أَ َف َحسِ ْب ُت ْم أَ َّن َما َخلَ ْق َنا ُك ْم َع َب ًثا َوأَ َّن ُك ْم إِلَ ْي َنا ََل ُترْ َجع‬
‫ُون‬
"Did you think that We had created you
in play (without any purpose), and that
you would not be brought back to Us?"235

‫ض َج ِميعً ا ِم ْن ُه ۚ إِنَّ فِي‬ِ ْ‫ت َو َما فِي ْاْلَر‬ ِ ‫َو َس َّخ َر لَ ُك ْم َما فِي ال َّس َم َاوا‬
ٰ
َ ‫َذل َِك َْل َيات لِ َق ْوم َي َت َف َّك‬
‫رُون‬
And has subjected to you all that is in the
heavens and all that is in the earth; it is
all as a favour and kindness from Him.
Verily, in it are signs for a people who
think deeply.236

235
EMQ 23:115
236
EMQ 45:13

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Contemplating about the Environment is

Worship and Abusing it is Oppression
Allah (swt) asked us to think about the environment and
that thinking about it is an act of worship. The
relationship between man and nature should be a
cohesive relationship. It is not a relationship of a
stronger party abusing the weaker party, rather all the
Qur’anic verses describe the nature, the land and sea as
a good thing to be enjoyed and benefited from. Even
the beauty of the plants, bushes, trees, flowers, crops is
for you to enjoy it and look to it, not to damage and
destroy it.

‫اح ُب ْشرً ا َبي َْن َيدَيْ َرحْ َم ِت ِه ۚ َوأَ ْن َز ْل َنا م َِن‬

َ ‫َوه َُو الَّذِي أَرْ َس َل الرِّ َي‬
‫ال َّس َما ِء َما ًء َطهُورً ا‬

“And it is He Who sends the winds as

heralds of glad tidings, going before His
Mercy (rain), and We send down pure
water from the sky,”237

237
EMQ 25:48

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

The Environment has been Created with a

Balance, Wasting it is Ungratefulness to Allah
Allah (swt) has placed a complete system of balance in
His creation and to maintain that balance is a duty upon
us. Islam lays down certain Ahkaam prohibiting and
damaging the creation without a permit.

Such as harming or killing a human being is prohibited

except if there is a Shari’ah permit.

Allah (swt) says,

‫َّللاَ َما لَ ُك ْم مِنْ إِ ٰلَه‬

َّ ‫ُودا ۗ َقا َل َيا َق ْوم اعْ ُب ُدوا‬
ِ ً ‫َوإِلَ ٰى َعاد أَ َخا ُه ْم ه‬
‫ون‬َ ُ‫َغيْرُ هُ ۚ أَ َف َل َت َّتق‬
And to 'Ad (people, We sent) their brother
Hûd. He said: "O my people! Worship
Allâh! You have no other Ilâh (God) but
Him. (Lâ ilâha ill-Allâh: none has the right
to be worshipped but Allâh). Will you not
fear (Allâh)?238

The purpose of sending the anbiyaa was so that we

obey Allah (swt). All the creation in the heavens and the
earth exists to serve and benefit each other whether

238
EMQ 7: 65

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

you know it or not. All creation has 2 duties by which it

worships Allah (swt),

1. To indicate the capabilities of Allah (swt) to

create this beauty and perfection, so we must
maintain that beauty so people can reflect on it
and to damage and corrupt it is not allowed
2. Social duties to serve man and be of benefit to
him.

Jaabir ibn Abdullah said that the Prophet (saw) said,

“Close your door, cover the cups and

utensils and put out the fire because the
shaytan will never open anything that is
locked, nor uncover the plate, and the
mouse could start fires in the houses.”

We learn from this that we do not leave things without

to take precautions to preserve the environment,
whether to prevent our own food from spoiling or our
home from being damaged or burnt.

“If food falls on the floor, let him pick it

up and wipe it from any harm and eat it
and don’t leave it for the shaytan.”

And

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

“do not leave the food without to lick

your fingers as you do not know where
the barakah remains.”

These are orders in Islam to preserve and not to waste

any food. Jaabir ibn Abdillah said, the Prophet (saw)
said,

“You don’t know which part of your food

has the barakah” and so ordered to lick
your fingers and your plate.

Islam Orders us to Ward off Disease and to

Revive the Land to Keep it Healthy and Alive
And Islam speaks about the land of the plagues and
similar diseases, warning us not to go to the land of the
plague to prevent it from spreading or being contagious.

And Islam orders us to revive land that has been

deserted, the Prophet (saw) said,

“Whoever revives dead land, it is for

him.” Because the purpose of land is to
be used and be alive with benefit, and so
it is not allowed to leave cultivatable land
without to cultivate it.

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

Islam Fights Deprivation and Poverty and Encourages a

Caring Sharing Environment
Islam fights to remove and abolish poverty and orders
the collection of zakat and sadaqaat to be distributed
among them.

The Prophet (saw) said,

“O Allah I seek refuge in you from

poverty, shortage of wealth, or to be
helpless or to be oppressed or to be an
oppressor”

Islam legislates certain zakat for the poor and this

makes the environment a caring and cooperative
society and community, while the ribaa – interest builds
an environment of division, and grudge devoid of caring,
kindness or generosity. Islam forbids the cheating in the
markets, bidding over each other, mixing water and
milk, stealing, bribery and all other harmful acts that
damage the environment and community.

Allah Created Everything to Benefit Each Other

Allah (swt) created everything to benefit even if we do
not know how it benefits, so he should leave it
preserved as it was created and not pollute it or damage
it so others can no longer benefit from it. Allah (swt)
says,

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

‫اج ُكلَّ َها َو َج َع َل لَ ُك ْم م َِن ْالفُ ْلكِ َو ْاْلَ ْن َع ِام َما‬

َ ‫َوالَّذِي َخلَ َق ْاْلَ ْز َو‬
َ ‫َترْ َكب‬
‫ُون‬

‫ُور ِه ُث َّم َت ْذ ُكرُ وا نِعْ َم َة َر ِّب ُك ْم إِ َذا اسْ َت َو ْي ُت ْم َعلَ ْي ِه‬ ُ

ِ ‫لِ َتسْ َتوُ وا َعلَ ٰى ظه‬
َ ‫ان الَّذِي َس َّخ َر لَ َنا ٰ َه َذا َو َما ُك َّنا لَ ُه ُم ْق ِرن‬
‫ِين‬ َ ‫َو َتقُولُوا ُسب َْح‬
“(He is) the One that created all in pairs,
and made for you boats and animals to
ride, so that you could travel on their
backs and remember the blessing of your
Lord when you ride on them and you say
‘Glory is to The One that made this
subservient to us without any power of
our own and to Allah we will return.”239

ِ ْ‫ه َُو الَّذِي َخلَ َق لَ ُك ْم َما فِي ْاْلَر‬

‫ض َجمِي ًعا ُث َّم اسْ َت َو ٰى إِ َلى‬
‫ال َّس َما ِء َف َس َّواهُنَّ َسب َْع َس َم َاوات ۚ َوه َُو ِب ُك ِّل َشيْ ء َعلِي ٌم‬
He it is Who created for you all that is on
earth. Then He Istawâ (rose over)
towards the heaven and made them
seven heavens and He is the All-Knower
of everything.240

239
EMQ 43:12-14
240
EMQ 2: 29

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

So we must live in this earth maintaining it cleanly,

preserving the nature that Allah (swt) created.

‫َوه َُو الَّ ِذي َس َّخ َر ْال َبحْ َر ِل َتأْ ُكلُوا ِم ْن ُه لَحْ مًا َط ِر ًيا‬
‫ك َم َواخ َِر فِي ِه‬ َ ‫َو َتسْ َت ْخ ِرجُوا ِم ْن ُه ح ِْل َي ًة َت ْل َبسُو َن َها َو َت َرى ْالفُ ْل‬
َ ‫َولِ َت ْب َت ُغوا مِنْ َفضْ لِ ِه َولَ َعلَّ ُك ْم َت ْش ُكر‬
‫ُون‬
And He it is Who has subjected the sea
(to you), that you eat thereof fresh tender
meat (i.e. fish), and that you bring forth
out of it ornaments to wear. And you see
the ships ploughing through it, that you
may seek (thus) of His Bounty (by
transporting the goods from place to
place) and that you may be grateful.241

Islam even prohibited extravagance in the wudu’ the

Prophet (saw) said,

“do not waste water in wudu’ even if you

are sitting at the bank of the river”

So preserving the environment to be of benefit to

others is a duty on all Muslims. The Prophet (saw) said,

241
EMQ 16:14

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

“Each one of you is a shepherd and will

be accountable over his sheep.”

Islam orders us to clean ourselves, to clean the road, to

clean the plates, even if the dog licks the plate, we must
wash the plate 6 times with water and once with sand.
Someone might say that this is exaggeration, but rather
we say this is the duty in Islam to keep the environment
clean and pure.

Causing Extinction is Prohibited

Islam forbids us from doing anything that can cause
extinction of any plants, animals, crops as that will
cause a change in the environment instead of
preservation and conservation.

Changing the Creation of Allah is Forbidden

Allah (swt) forbade us from changing what Allah (swt)
created let alone to destroy it completely. Allah (swt)
says,

‫ان ْاْلَ ْن َع ِام‬َ ‫َو َْلُضِ لَّ َّن ُه ْم َو َْل ُ َم ِّن َي َّن ُه ْم َو َْلم َُر َّن ُه ْم َف َل ُي َب ِّت ُكنَّ آ َذ‬
ْ‫ان َول ًِيا مِن‬ َ ‫َّللا ۚ َو َمنْ َي َّت ِخ ِذ ال َّش ْي َط‬ ِ َّ ‫َو َْلم َُر َّن ُه ْم َفلَي َُغ ِّيرُنَّ َخ ْل َق‬
‫َّللا َف َق ْد َخسِ َر ُخسْ َرا ًنا م ُِبي ًنا‬ ِ َّ ‫ون‬ ِ ‫ُد‬
“Verily, I will mislead them, and surely, I
will arouse in them false desires; and

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

certainly, I will order them to slit the ears

of cattle, and indeed I will order them to
change the nature created by Allâh." And
whoever takes Shaitân (Satan) as a Walî
(protector or helper) instead of Allâh, has
surely suffered a manifest loss.”242

Al Mi’ah – the environment is a blessing from Allah for

us.

‫ت َو َما فِي‬ ِ ‫َّللا َس َّخ َر لَ ُك ْم َما فِي ال َّس َم َاوا‬ َ َّ َّ‫أَ َل ْم َت َر ْوا أَن‬
ِ ‫ض َوأَسْ َب َغ َعلَ ْي ُك ْم ن َِع َم ُه َظاه َِر ًة َوبَاطِ َن ًة ۗ َوم َِن ال َّن‬
‫اس‬ ِ ْ‫ْاْلَر‬
‫َّللا ِب َغي ِْر عِ ْلم َو ََل ُه ًدى َو ََل ِك َتاب ُمنِير‬ ِ َّ ‫َمنْ ي َُجا ِد ُل فِي‬
“Have you not seen that Allah made
everything in the heavens and in the
earth subservient to you and enumerated
His blessings upon you what is apparent
and what is hidden? And from mankind is
the one who debates regarding Allah

242
EMQ 4: 119

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

without knowledge and no guidance and

no guiding book.”243

It is not Allowed to Prevent Others from the Benefits of

the Environment
Allah (swt) mentioned that the heavens and the earth in
their natural state is so beneficial, so pure, so full of
blessings hidden and apparent, when you change that
creation you destroy that benefit and blessing, whether
by fertilisers, chemicals, genetic modification or
hormones etc.

Islam forbids us from cutting trees without a permit -

that kills the cultivated land and turns it into a desert –
such as the rainforests that have been destroyed.

Islam permits to cut the trees to make firewood or

wood for building but in a particular way.

Jaabir ibn Abdillah said that the Prophet (saw) said,

“Whoever has land, let him cultivate it or

let his brother cultivate it.”

243
EMQ 31:20

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

So the land must not be left to die, it must be used and

benefitted from. When the land is cultivated, it effects
the environment and changes the relationship of the
people, animals and plants all around it.

The Prophet (saw) encouraged the people to revive the

dead land from the brown and yellow to become green
and offered whoever did that ownership of the land he
revived. The Prophet (saw) said,

“Whatever a Muslim cultivates or plants

that people could eat from it or animals
could eat from it, it will be for him
sadaqah.”

The Prophet (saw) said,

“If the hour starts and anyone of you has

a seed, let him plant it if he can.”

So don’t be from those people who damage the

environment, cutting trees, polluting the water,
harming and spoiling the land. Allah (swt) says,

‫َوه َُو الَّذِي أَ ْن َشأ َ َج َّنات َمعْ رُو َشات َو َغي َْر َمعْ رُو َشات َوال َّن ْخ َل‬
ۚۚ ‫َّان ُم َت َش ِابهًا َو َغي َْر ُم َت َش ِابه‬
َ ‫ون َوالرُّ م‬ َّ ‫الزرْ َع م ُْخ َتلِ ًفا أ ُ ُكلُ ُه َو‬
َ ‫الز ْي ُت‬ َّ ‫َو‬

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

َ ‫ُكلُوا مِنْ َث َم ِر ِه إِ َذا أَ ْث َم َر َوآ ُتوا َح َّق ُه َي ْو َم َح‬

ۚۚ ‫صا ِد ِه ۖۚ َو ََل ُتسْ ِرفُوا‬
َ ‫إِ َّن ُه ََل ُيحِبُّ ْالمُسْ ِرف‬
‫ِين‬
And it is He Who produces gardens
trellised and untrellised, and date-palms,
and crops of different shape and taste (its
fruits and its seeds) and olives, and
pomegranates, similar (in kind) and
different (in taste). Eat of their fruit when
they ripen, but pay the due thereof (its
Zakat, according to Allah's Orders 1/10th
or 1/20th) on the day of its harvest, and
waste not by extravagance. Verily, He
likes not Al-Musrifun (those who waste by
extravagance),244

Man Made Laws Lead to the Destruction of the

Environment
However when corrupted people are in authority in the
land they corrupt the environment and destroy the
creation, Allah (swt) says,

244
EMQ 6:141

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

َ ْ‫ك ْال َحر‬

ۗ ‫ث َوال َّنسْ َل‬ َ ِ‫ض لِ ُي ْفسِ دَ فِي َها َو ُي ْهل‬ِ ْ‫َوإِ َذا َت َولَّ ٰى َس َع ٰى فِي ْاْلَر‬
َّ ‫َو‬
‫َّللا ُ ََل ُيحِبُّ ْال َف َسا َد‬
“And when he turns away (from you "O
Muhammad SAW "), his effort in the land
is to make mischief therein and to destroy
the crops and the cattle, and Allâh likes
not mischief.”245

The Prophet (saw) said,

“Whoever cuts a tree without a reason,

Allah will set his face towards the
hellfire.”

The Prophet (saw) forbade us from polluting water with

urine or defecation. Allah (swt) created the water for us
to clean ourselves from urine, not to urine on it.

Part of looking after the environment is to prevent

yourself from harming or polluting others, by washing
your hands. The Prophet (saw) said,

“If anyone of you wakes up from sleeping,

he should hold back his hands from the

245
EMQ 2:205

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 Al-Siyaasah Al-Shar’iyyah | Abu Baraa’

utensils/food until he washes them three

times.”

Allah (swt) says,

‫اح ُب ْشرً ا َبي َْن َيدَيْ َرحْ َم ِت ِه ۚۚ َوأَ ْن َز ْل َنا م َِن‬

َ ‫َوه َُو الَّذِي أَرْ َس َل الرِّ َي‬
‫ال َّس َما ِء َما ًء َطهُورً ا‬
And it is He Who sends the winds as
heralds of glad tidings, going before His
Mercy (rain), and We send down pure
water from the sky,246

And,

‫اس أَ َم َن ًة ِم ْن ُه َو ُي َن ِّز ُل َعلَ ْي ُك ْم م َِن ال َّس َما ِء َما ًء‬

َ ‫إِ ْذ ي َُغ ِّشي ُك ُم ال ُّن َع‬
ِ ُ ‫ان َولِ َيرْ ِب َط َعلَ ٰى قُل‬
‫وب ُك ْم‬ ِ ‫ْط‬ َ ‫ِب َع ْن ُك ْم ِرجْ َز ال َّشي‬ َ ‫ُطه َِّر ُك ْم ِب ِه َوي ُْذه‬ َ ‫لِي‬
‫ِّت ِب ِه ْاْلَ ْقدَ ا َم‬
َ ‫َو ُي َثب‬

“(Remember) when He covered you with

a slumber as a security from Him, and He
caused water (rain) to descend on you
from the sky, to clean you thereby and to
remove from you the Rijz (whispering,
evil-suggestions, etc.) of Shaitân (Satan),

246
EMQ 25:48

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and to strengthen your hearts, and make

your feet firm thereby.”247

There is a principle in the Shariah,

‘It is a must to keep disease away from

the environment’

So whenever there is something diseased we must not

put it somewhere that people could be harmed by it,
rather it must be disposed of far away from the people
or their paths. The Prophet (saw) said,

“The Imaan is 60 and some branches, the

highest is laa ilaha illallah and the lowest
is to remove harm from the road. And
hayaa’ is from the Imaan.”

If you love the environment that Allah (swt) has created

for you for the sake of Allah, Allah (swt) will love you.

247
EMQ 8:11

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Conclusion: Further Research

While there is a wealth of political heritage in the
history of the Islamic Caliphate, extracting, compiling
and presenting all of it is impossible. Further difficulty
arises when attempting to relate all of it to the modern
world in a practical writing.

However, the timeless guidance of the Shari’ah

establishes vital pillars and principles that lay the
foundation of the management of people’s affairs.
These principles are free of the flaws that secular
governments are built upon in the modern world. These
principles correct the misunderstandings and solve the

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problems exacerbated by the existing systems of

capitalism, communism, dictatorships and autocracies.

The Islamic political system is a unique and

comprehensive structure that was distinct from its
inception and continues to dominate political thought
and discussion in the Muslim world despite resistance
by dominant western thinkers.

This short introduction to some of the principles and

foundations of Divine Islamic Politics (Siyaasah
Shar’iyyah) seeks to fill a void in the modern
understanding of Islam and revive some of the historical
discussions and practices of the Islamic Caliphate, which
ruled much of the world for over 1300 years.

This is book is not, however, an attempt to detail every

facet of practical policy in a modern state. Such a task
would not be suitable for this type of book. However,
the author hopes to inspire others to look further and
deeper into the principles touched upon in this book.

Readers with particular expertise, specialist knowledge

and experience in fields useful to divine politics as
introduced by this book are encouraged to take steps to
research deeply in their respective fields and elaborate
on how Islamic politics differs with modern politics and

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how Islamic principles can guide us to the divine

solutions we are all so needy for.

Such further research is a continuous process and will

ultimately form a vital education to new generations of
Muslims that might grow up in a new world where the
experience of Islam, Shariah and Khilafah on a state
level returns to the forefront of the world, leading the
way as it used to be for hundreds of years at the height
of its successful reign.

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Glossary
The following is a glossary of Arabic and complex English
words used in this book. It is not intended to be a
dictionary and some words may have additional
meanings not mentioned here, particularly Arabic
words. This glossary however, is intended primarily to
help readers understand the words relevant to the
discussion of this book in the proper context and so
explanations have been summarized with that purpose
in mind.

Tips for using the glossary:

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(i) If you cannot find the word you are looking for, try
searching for the same word with “Al-“ prefixed to it.

(ii) If you cannot find a word starting with a vowel, try

searching for the same word with an apostrophe
prefixed to it.

(iii) Try searching for the same word with an alternate

spelling e.g. Omar instead of Umar.

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‘Asabiyyah – Nationalism, Mary.

racism, patriotism,
A’isha (ra) – A’isha bint
tribalism and all other
Abi Bakr was the most
prohibited forms of
beloved wife of the
partisan.
Messenger Muhammad
‘Asr – The mid-afternoon (saw) and the daughter of
prayer, prayed when the the best of the
sun declines towards the companions, Abu Bakr al-
west and the shadows are Siddeeq (ra). She was one
a full length (or two of the most knowledgeable
lengths for some schools of companions and one of the
thought). greatest examples and role
models for women. Allah
‘Awrah – The parts of the
revealed 11 verses of the
body that people are
Qur’an in Surah al-Noor
obliged to cover in front of
purifying her from any
others.
accusation or attack.
‘Iddah – Waiting period for
Aashoorah – The tenth day
divorced or widowed
of Muharram.
women in which sexual
relationship, marriage and Abdullah ibn Abbas – A
other things are forbidden. companion of the prophet
(saw) and scholar. He was
‘Isa ibn Maryam – A
given the title ‘Translator
prophet of Allah, who was
of the Qur’an (Turjuman
born without any father,
ul Qur’an) and the Mayor
also known as Jesus son of

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of Tafseer, because of his son of Umar ibn al-

incredible knowledge of Khattab and a
the Qur’an and its knowledgeable scholar
interpretation. The and companion of the
prophet made a specific prophet (saw).
supplication for him that
Abu Bakr al-Siddeeq – The
Allah gives him
best man ever to walk the
knowledge of the
earth besides the prophets
interpretation of the
and messengers. He was
Qur’an.
the closest friend and
Abdullah Ibn Amr ibn al companion of the prophet
‘Aas – One of the (saw) and the narrations
knowledgeable testifying to his character
companions of the prophet and status are
(saw) who memorized the overwhelming. He was
Qur’an and used to recite nicknamed al-Siddeeq
it. because he believed in the
prophet (saw) without
Abdullah ibn Mas’ood –
wavering, even when all
One of the first believers
others disbelieved him.
and companions of the
prophet (saw) who Abu Bakrah – A companion
believed at a young age of the prophet (saw).
and grew to be one of the
Abu Dardaa’ – A
greatest scholars of Islam.
companion of the prophet
Abdullah ibn Omar – The (saw) renowned for his

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knowledge and thousand years and

understanding of the mankind since then has
Islamic rules. continued to decrease in
height and life span. He
Abu Dharr – A companion
was expelled from Jannah
of the Prophet (saw).
after he and his wife
Abu Hurairah – A Hawwaa (Eve) were
companion who tricked into eating from
memorized and narrated the forbidden tree.
the most Ahadith about
Adhaan – call to prayer
the prophet (saw). He was
nicknamed Abu Hurairah, Ahl al-Dhikr – People of
which means the father of Remembrance, which are
a kitten, because he used the people of knowledge
to look after cats. or Islamic scholars.

Abu Musa al-Ash’ari – A Ahl al-Kitaab – People of

famous scholar, Mufti and the scriptures, namely the
companion of the Prophet Jews, Christians and
(saw). Sabians. They are people
who were given scriptures
Abu Sa’eed al-Khudree – A
in the past before the
companion of the prophet.
coming of Muhammad
Adam (as) – The first man (saw) and so believe in
and prophet created by some previous prophets.
Allah. He was sixty cubits However, unless they
tall and lived for a believe in the prophet

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Muhammad (saw) after he Akhlaaq – Islamic

has arrived, they will still personality and character.
go to hellfire as
Al-‘Aleem – The All-
disbelievers.
Knowing, one of the
Ahl al-Sunnah wal- names and attributes of
Jama’ah – The People of Allah.
Sunnah and Jama’ah are
al-‘Awrah – The private
the prophet Muhammad
parts of a person that must
(saw) and his companions,
be covered from other
and those who follow their
people.
path and believe in Islam
according their same Alameen – The worlds or
understanding. They are all of mankind and the
called people of Sunnah jinn.
because they stick closely
to the example of the al-Baraa’ ibn Aazib – A
prophet (saw) and they are famous companion of the
called people of al-Jama’ah Prophet (saw).
because they stick closely
al-Birr – Good deeds and
to the example of the
righteousness
companions and as such
they are united in beliefs Ali ibn Abi Talib – One of
and opinions wherever the most knowledgeable
they are in the world, companions of the prophet
despite have never met (saw). He was also the first
each other. cousin and son-in-law of
the prophet (saw). He

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married Fatimah, the the record in which the

prophet’s (saw) daughter fate and destiny of all
and all the descendants of people and Jinn has been
the Messenger (saw) are written from the start of
from his children from the creation.
Fatimah.
al-Ma’loom min al-Deen
al-Izhaar ul-Deen – bil-Dharoorah – What is
Prevailing of the religion known from the Deen (i.e.
of Islam until it is religion of Islam) by
dominant over all other necessity.
ways of life.
al-Masaakeen – Needy
Allah – The one and only people who have nothing
god, whom there is none to provide for themselves.
worthy of worship,
al-Mughirah ibn Shu’bah –
obedience or submission
A companion of the
besides Him. He is The
Prophet (saw).
Creator and Sustainer of
all that is the universe and al-Muttaqoon – The pious
has no need for anything people, i.e. those who have
or anyone, He does not al-Taqwaa (fear of Allah
beget and is not begotten that prevents them from
and there is nothing sinning).
similar to Him.
al-Quwwah – power and
al-Lawh ul-Mahfooz – The strength, the prophet
preserved tablet. This is (saw) said that the

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strength is in missile in their obedience,

weapons. enduring any hardship or
suffering unwaveringly.
al-Raheem – The most
merciful, Allah is al- al-Shirk – Polytheism, the
Rahman and al-Raheem, act of associating partners
al-Rahman is His attribute with Allah, whether by
of mercy to all mankind in attributing the functions,
this life, despite their rights or descriptions of
disbelief and Allah to any other thing or
transgression. al-Raheem being, or by claiming that
is His attribute of mercy Allah shares his functions,
towards the believers in rights, names or attributes
the hereafter specifically, with any other being or
allowing them into Jannah thing. This is the worst
(Paradise). crime and unforgiveable
sin possible and the one
al-Rahman – see al-
who dies without
Raheem.
repenting from this sin
al-Rami – Missile weapons will inevitably enter
i.e. any form of shooting hellfire forever.
weapon, whether a sling,
al-Tashaa’um – Pessimism.
bow and arrow, guns,
rockets or even throwing a al-Tawheed al-Baatinah –
stone. All hidden actions of
worship done sincerely
al-Sabireen – Those who
and exclusively to please
are patient and persevere

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Allah i.e. those performed Allah exclusively.

by the heart.
Angels – Creatures, created
al-Tawheed al-Zaahirah – by Allah from light, who
All apparent actions of obey Allah’s every
worship done sincerely command and never
and exclusively to please disobey Him. They
Allah i.e. those performed continuously worship and
by the tongue and the glorify Him and carry out
limbs. tasks set by Allah to
maintain the functions of
al-Teerah – superstitions
the earth e.g. the weather.
and omens.
Aqeedah – Decisive and
Amaanah – A trust i.e.
certain belief based on
something entrusted to a
explicit and authentic
person to look after.
evidences.
Ameer – Leader.
Awliyaa’ – friends or allies.
Anas bin Maalik – A Is sometimes used in
companion of the prophet reference to those close to
(saw) and the last Allah and so considered
surviving member of the the friends of Allah, but in
prophet’s (saw) close reality all believers are the
companions. friends of Allah.

Andaad – False gods that Ayah – Verse of the Qur’an.

are loved for their sake the
Ayyub – A prophet of
way the believers love

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Allah, also known as Job. Bedouins – The nomadic

Arab tribes that live in the
Badr – (i) The full moon (ii)
deserts of Arabia.
the first major battle
fought by the prophet Christians – Followers of
Muhammad (saw) and his the Christian faith, who
companions against the claim that Jesus was the
Makkans. son of God, or even that he
was God Himself. This is a
Bani An-Nadir – A Jewish
Kufr belief and they are
tribe that existed in the
disbelievers (Kuffar) in
time of the prophet (saw).
Islam.
Bani Israel – The
Da’wah – Inviting and
descendants of Ya’qoob
calling people to Islam.
(Jacob) whose name is also
Isra’eel. They are the Jews. Dar – A domain or state

Barakah – Blessings from Dar of Hijrah – The

Allah. Domain of Emigration;
one of the titles given to
Ba'th – The resurrection on
Madinah and the Islamic
the Day of Judgment.
state because people
Bay’ al-Gharar – Trade by emigrate to it from non-
deception. Islamic lands.

Bay’ah – Oath of Dawood – A prophet of

allegiance. Allah, also known as
David.

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Deen – Way of life i.e. a Fajr – The dawn prayer,

belief that people practice prayed between the first
and fight to defend or light of dawn and the start
propagate. of the sunrise.

Dinar – The measurement Fardh – Obligation or

of gold currency employed compulsory action, such
by the prophet (saw). One that a person is sinful for
Dinar is 4.25g of gold. neglecting it and rewarded
for performing it.
Dirham – The
measurement of silver Fasiq - Sinner
currency employed by the
Fatawaa (pl.) – Fatwa
prophet (saw).
(sing.) Islamic verdicts
Du’a – Supplication or derived from divine
prayer. evidences, given by an
Islamic scholar in answer
Dunyaa – this temporary
to a question.
world that we live in.
Fatwa – see Fatawaa
Faatihah – the opening
chapter of the Qur’an. Fiqh – Understanding of
the Qur’an and Sunnah
Fahishah – Any unlawful
about the divine rules
sexual act or related things
related to our actions.
such as pornography,
adultery, sexual swear Fitrah – (i) Natural
words etc. disposition on which
people were created. This

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includes the instinct to ritual impurity requiring

worship only Allah, Ghusl to remove.
attraction to the opposite
Hadath al Asghar – Small
gender and to fear death
ritual impurity requiring
etc. (ii) instinctive acts of
Wudu’ to remove.
cleanliness e.g. cutting
nails, trimming the Hadith – A report or
moustache etc. narration, usually about a
saying, action or consent
Ghaib – Unseen matters
of the prophet (saw) or his
which nobody but Allah
companions.
can have knowledge of
except if He revealed it to Hadith Qudsi – A report or
them (e.g. future events). narration that has been
attributed to the prophet
Gheerah – chivalry and
(saw) concerning what he
protectiveness towards
in turn has narrated from
female relatives e.g. wives,
Allah.
daughters, mothers, sisters
etc. Hajj – The ritual act of
pilgrimage to Makkah,
Ghusl – Ritual act of
obligatory upon every
cleanliness involving
capable Muslim to
washing all parts of the
perform at least once in
body with water with the
their lives.
intention of removing the
big ritual impurity. Halal – Permitted or legal.

Hadath al Akbar – Big Haleem – The one who has

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forbearance i.e. controls narrations are not

his/herself in anger. accepted in Islamic
jurisprudence.
Haq – (i) The truth. (ii) A
right. Hasan Ibn Ali – A
companion and grandson
Haram – Prohibited or
of the prophet (saw). He is
illegal. Things can be
the son of Ali ibn Abi Talib
prohibited to benefit from
(ra) and Fatimah bint
such as alcohol and actions
Muhammad (ra)
can be prohibited such
that a person is sinful for Hayaa' – Shyness or
committing it and modesty.
rewarded for avoid it.
Hellfire – The everlasting
Harith ibn Ash’ari – A punishment in the
companion of the prophet hereafter reserved for
(saw). those who disbelieve in
and associate partners
Hasad – Envy
with Allah ‫تعالى‬. The
Hasan – Good, often used hellfire is seven levels, the
in reference to shallowest of which is
classification of Ahadith, reserved for temporarily
Hasan being good and is punishing disobedient
generally accepted, but not believers before they go to
as authentic as a narration Jannah.
classed as Saheeh.
Inauthentic or weak Hijrah – Emigration.

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Hind bint 'Utbah (ra) – A Ibn Abbas – see Abdullah

companion of the prophet ibn Abbas
(saw). She is the wife of
Ibrahim – A prophet of
Abu Sufyan , both she and
Allah, also known as
her husband used to
Abraham. The prophet
mistreat the prophet (saw)
Muhammad (saw) was a
before embracing Islam
descendant of Ibrahim as
after the conquest of
were the Jews and
Makkah.
Christians.
Hisaab – Account. The
Ihsan – Worshipping Allah
divine account on the day
in the best way as if we are
of judgement will be when
all the deeds of people will seeing Him ‫ تعالى‬in front of
be brought forth and us.
counted.
Ijtihaad – Exhausting
Hud – A prophet of Allah. utmost effort to derive and
verify Islamic rules from
Hudhaifa ibn al-Yamaan – the divine evidences for
A companion of the matters that are not
prophet (saw) and a already explicitly detailed.
narrator of many Ahadith. In order to make Ijtihaad,

Hukm al-Shar’ee – Divine the person must have the

rule legislated by Allah in necessary tools and
the Qur’an and Sunnah. knowledge of the Arabic
language and sciences of
Hypocrisy – see Nifaaq the Qur’an, Hadith and

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Usul. redness has disappeared

from the sky and before
Ikhlaas – Sincerity; to
the first light of dawn.
target nothing but the
pleasure of Allah by an Islam – Submission to
action and not the Allah exclusively,
pleasure of other people or following Him through
fame or reputation etc. obedience to His
revelation and
Imaan – Belief in Allah, His
disassociation from Shirk
books, His angels, His
and its people.
messengers, the divine fate
and destiny in the heart, Islamic state – An Islamic
testifying to that with the state is one that governs
tongue and acting the people exclusively by
accordingly with the the Shari’ah of Islam.
limbs. Where the sovereignty is
for none but Allah and no
Imam – Leader or ruler.
single man-made law is
Injeel – Gospel revealed to prevalent. It is prohibited
the prophet ‘Isa (Jesus). to rule a country by any
other system.
Iqamat-as-Salat –
Establishing the prayer. Israfeel – An angel who
will blow the trumpet to
Ishaa – The night prayer announce the last hour
obligatory upon all and the commencement of
Muslims, performed after the day of judgement.
the night has fallen and all

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Isti’aanah – Seeking help Jahiliyyah – Ignorance, the

or refuge. Making companions often used to
Isti’aanah to other than refer to their lives before
Allah is Shirk. the advent of Islam as ‘the
days of Jahiliyyah’
Istighaatha – Appealing
for help and aid. Making Jama’ah – Group or
Istighaathah to other than collective body headed by
Allah is Shirk. a leader.

Istihlaal – Making lawful Jameel – Beautiful

what Allah has made
Janaabah – State of ritual
unlawful, which is an act
impurity e.g. after
of Shirk Akbar and
intercourse or a wet
apostasy.
dream.
Istijmaar – Using
Jannah – Everlasting
absorbent stones to clean
paradise reserved for the
the private parts after
believers in the hereafter.
using the toilet.
Jews – The descendants of
Istinjaa’ – Washing the
the prophet Ya’qoob and
private parts to remove
those chosen by Allah to
traces of urine and stool
receive many prophets,
after going to the toilet.
each succeeding another
Jabir ibn Abdullah – A until they were sent Isa
companion of the prophet (Jesus) whom they
(saw). rejected. Those among the

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Jews who refuse to barrel-shaped dress that is

recognize the prophethood worn from the neck to the
of Muhammad (saw) are feet by women over their
disbelievers and are normal clothes when
destined for hellfire. entering any public place
as an Islamic duty.
Jibreel – The angel
entrusted by Allah to Jinn – Creatures created by
guard the revelation and Allah from fire. They
take down the books of cannot be seen by humans,
Allah to the prophets. Also though they can see us
known as Gabriel. and can possess people
and perform incredible
Jihad – Jihad is defined as
feats that are impossible
‘Exhausting utmost effort
for people. They have
fighting the disbelievers in
freewill like humans and
order to make the word of
there are believers and
Allah the highest.’ This
disbelievers among them.
can be physical, financial,
They will be accounted,
verbal and by the heart.
rewarded and/or
Struggling against one’s
punished like humans on
desires, commanding
the day of judgement.
good and forbidding evil
and seeking knowledge Jizyah – A tax paid by non-
have also been described muslim citizens of an
as a form of Jihad. Islamic state in return for
the protection, welfare and
Jilbaab – A plain, loose,
covenant offered to them

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by the state. Kahaanah – Fortunetelling.

Jubn – Cowardice, such Kalimah – A word or

that a person disobeys sentence, usually used in
Allah out of fear for reference to the testimony
people or other worldly that ‘there is none worthy
things. of worship besides
Allah…’
Junub – Big ritual impurity
that occurs as a result of Karamaat – Amazing feats
sexual intercourse, performed by Allah to
ejaculation, menses or support pious people,
post-natal bleeding. these are different to
miracles (Mu’jizaat) in that
Ka’bah – The first house
they are not for the
built for the worship of
purpose of proving
Allah by Ibrahim in
prophethood and do not
Makkah. It is the direction
come with a challenge.
of prayer for all Muslims
around the world. Khalaf – Succeeding
generations i.e. all
Kaafir (sing.) – (pl. Kuffar)
generations that came after
A disbeliever in Islam
the prophet (saw) and his
and/or in the final
companions.
prophethood of the
Messenger Muhammad Khalifah – The ruler of an
(saw). Islamic state, who is
elected to rule and govern
Kaahin – A fortune-teller.
the affairs of people

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according to the laws of Khimar – A headscarf worn

Allah as revealed to the by Muslim women in
prophet Muhammad public, covering all of their
(saw). hair, necks and chests. It is
compulsory upon all
Khawaarij – The first sect
women to wear a Khimar
to arise in the history of
in public or in front of
Islam. They rose during
foreign men.
the rule of Imam Ali ibn
Abi Talib , because of a Khushoo’ – Ritual fear
dispute that occurred during any ritual acts,
among the Sahabah, which particularly the Salah.
was solved by the
Kiraman Katibeen – The
arbitration of Ali (ra) and
recording angels that write
Mu’awiyah (ra) to Abu
down the good and bad
Musa al-Ash’ari and Amru
deeds of the people.
ibn al-‘aas. They claimed
that those companions Kohl – a form of eyeliner
were disbelievers, used as make-up or
claiming that they sought medicine.
an arbiter other than Allah
and rose as rebels against Kuffar – see Kaafir
the rule of Ali (ra) and
Kufr – Disbelief in Islam or
were fought against by the
the prophet Muhammad
Muslims until they
(saw).
relented.
Layyin – A gentle person
Khawf – Fear.

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Lut – A prophet of Allah Magic – Magic is

who fought against understood in Islam to be
homosexuality in Sodom the use of Jinn by people,
and Gomorrah. Also for any purpose. Whether
known as Lot they are used to harm
people or benefit them,
Ma’roof – Good deeds
any contact with the Jinn is
according to the divine
prohibited in Islam.
evidences i.e. any
rewardable actions that Mahram – A person that is
Allah has commanded us prohibited for marriage.
to do. This term is also used to
refer to male relatives that
Maal ul Gholool – Wealth
act a chaperones or
stolen from the booty.
guardians for them during
Madinah – City, the City of travel or other needs.
the prophet Muhammad
Makrooh – Disliked action.
(saw) in Hijaz, where the
The indecisive request of
Muslims emigrated to
the legislator upon the
from Makkah and where
responsible person not to
they established the first
do a thing. A person is
Islamic state.
rewarded for abstaining
Maghrib – The obligatory from this form of action
sunset prayer, prayed but is not sinful or
between the sunset and dispraised if he happens to
complete nightfall. do it.

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Malik - The angel of and convey a new

hellfire message from Allah to the
people.
Malik ul Mawt - The angel
of death Messiah – al-Maseeh, i.e.
‘Isa ibn Maryam (Jesus son
Mandoob – Recommended
of Mary), the false messiah
actions, such that if a
al-Maseeh al-Dajjal is one
person performs it, they
of the signs of the final
are rewarded but they are
hour whose name is ‘Isa
not punished for
ibn Dawood.
neglecting it.
Mika’il – The name of one
Mani’ – prevention, i.e. a
of the angels.
matter that prevents an
Islamic rule from taking Mu’adh ibn Jabal – A
effect or being performed companion of the prophet.
e.g. impurity prevents
Mu’jizah (sing.) – (pl.
prayer.
Mu’jizaat) miracle, an
Masjid – Place of worship extraordinary matter
for Muslims to worship performed with the
Allah exclusively and permission of Allah,
where the prayer is prayed coming with a divine
in congregation five times unbeatable challenge to
every day. mankind, sent in order to
prove the prophethood of
Messenger – Men chosen by
a messenger or prophet
Allah to receive revelation
and to increase the belief

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of the believers. Mujoon – Places of

disobedience, which
Mu’min – A believer in
people attend to commit
Islam, who testifies to and
sins e.g. pubs, night clubs
practicing his belief.
etc.
Muhajireen – The
Munafiq – Hypocrite, one
emigrants. Usually
who shows Islam in
referring specifically to
his/her apparent sayings
those Muslims that
and actions but conceals
believed in Islam before
disbelief (Kufr) in his/her
the emigration of the
heart.
prophet Muhammad (saw)
from Makkah to Madinah. Munkar – (i) Any bad deed
as defined by the Shari’ah.
Muhammad (saw) – The
i.e. anything that has been
name of the final
prohibited by Allah
Messenger of Allah, sent
whether Haram or
as the leader and seal of
Makrooh. (ii) the name of
the prophets. Allah
one of two angels that will
revealed the Qur’an to him
question every soul in the
(saw) and sent him as a
graves.
mercy and messenger to
all of mankind. Mushrikeen (pl.) – (sing.
Mushrik) Polytheists, any
Muharram – (i) Prohibited
people who worship other
(ii) the name of the first
than Allah or associate
month of the Islamic
partners with him. See also
calendar.

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al-Shirk. pretend to be Muslims. It

is impossible for any
Muslim – The believer in
human to recognize these
the Deen of al-Islam.
people in this life unless
Muwahhid (masc.) - (Fem. they commit acts of
Muwahhidah) – One who apostasy. (ii) the small
submits to, worships, Nifaaq is the hypocrisy of
follows and obeys none those Muslims who do
but Allah and does not some of the actions
associate partners with attributed to hypocrites
Him in any matter. but that does not take a
person out of the fold of
Najaasah - Impurity Islam e.g. lying, breaking
promises, betraying trusts
Nakir – The name of one of
and covenants etc.
two angels that will
question every soul in the Nisaab – Minimum amount
graves. of wealth, which obliges a
person to pay Zakat. A
Nameemah – Spreading
person with total wealth
calumnies or rumours that
below this amount (85g
spread discord between
gold) or who does not
people.
have this amount for a
Nifaaq – Hypocrisy, Nifaaq complete year is not
is two types, (i) the big obliged to pay Zakat on
Nifaaq which is the his/her wealth.
hypocrisy of people who
Niyyah – Intention
disbelieve in Islam but

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Nu’man bin basher – A Ahl al-Kitaab

companion of the Prophet
Pharaoh – The rulers of
Nuh – One of the first ancient Egypt were called
Messengers of Allah sent pharaohs, however in this
to the first people to book, it is usually in
associate partners with reference to the Pharaoh
Allah, also known as that persecuted Musa and
Noah. His people were the Jews or in reference to
destroyed with a flood and other rulers who behave in
only he was saved along a similar manner.
with a few believers and
Prophet – A man chosen by
pairs of every animal who
Allah to receive revelation
sought refuge in a boat
and convey it to the
built by Nuh under
people.
Allah’s instruction.
Qadhaa – Divine destiny of
Omar bin al-Khattab – One
all our actions and
of the closest companions
destination in the hereafter
of the Prophet (saw) and
i.e. paradise or hellfire.
the second Khalifah. He
was nicknamed al-Farooq Qadr – Divine fate of all
because of his strength that will happen to people
and understanding about and the world.
what is the truth and
falsehood. Qalb – Heart

People of the Book - see Qiblah – The direction that

Muslims face when

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praying, i.e. towards the language, it is worship

Ka’bah in Makkah. when recited and is
written in the Uthmani
Qisaas – Retribution, the
script by the consensus of
rule of ‘an eye for an eye’
the companions.
employed by a Shari’ah
court for some types of Rafeeq – Kind and gentle
crimes.
Rajaa’ - Hope
Qiyaamah – Resurrection,
Rak’ah – A unit of prayer
the day of Qiyaamah is the
that includes (i) standing,
day that all people will
reciting Faatihah, bowing,
rise from their graves and
two prostrations and
travel to the place of
sitting in between and
judgement.
sometimes sitting for a
Qudsi – see Hadith Qudsi tashahhud (reciting the
supplication “Attahiyaatu
Qunoot – Du’a recited at
…”).
the end of a Salah, usually
in times of crisis or during Ramadhan – The tenth
Witr Salah. month of the Islamic
calendar in which, all
Qur’an – The final book
Muslims are obliged to
and message sent to
fast if capable.
mankind by Allah. It is the
word of Allah revealed to Ribaa – usury i.e. any form
His slave Muhammad of added benefit received
(saw) in the Arabic as a result of giving a loan.

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It is also used in the Islamic ruling because of

Shari’ah to refer to any and limited to specific
trade transaction circumstances.
prohibited in Islam.
Ruku’ – The ritual act of
Ridwan – (i) Pleasure e.g. bowing.
Ridwan Allah means the
Sa’d ibn Abi Waqqas – A
pleasure of Allah. (ii) The
companion of the prophet
name of an angel.
(saw).
Rifq – Kindness or
Sa’eed ibn Zaid – A
gentleness.
companion of the prophet.
Riyaa’ – Showing off i.e.
Sadaqah – charitable
doing an action in the
donations
hope that people will see
him and think or speak Safiyyah bint Huyyay (ra)
well about him. – One of the wives of the
prophet Muhammad (saw)
Rizq – Provision. Anything
and the daughter of the
that a person benefits
chief of the Jewish tribe of
from, whether wealth, his
Banu Qurayzah.
home, his wife or his food,
is his provision (Rizq) and Sahaabiyaat – the female
has been provided for him companions of the
by none other than Allah. prophets i.e. all women
who saw the prophet
Rukhsah – A permit given
Muhammad (saw) and
by Allah to override an
died while still believing

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in Islam. companion of the prophet

(saw).
Sahabah (pl.) – (sing.
Sahabi) Companions of the Salaf – predecessors. al-
prophet Muhammad Salaf al-Saalih are the
(saw). (i) those who saw pious predecessors,
the prophet and died specifically the
while still believing in companions of the prophet
Islam are all companions (saw) and the 2nd and 3rd
(ii) those who generations of Muslims.
accompanied him for over
Salam – (i) Peace (ii) the
a year and fought
Islamic greeting
alongside him in one or
“Assalamu ‘Alaikum”
two battles are considered
used by Muslims to greet
close companions and
each other.
considered to be of a
higher status. Salat – The daily prayers,
prayed five times a day as
Sahabi – See Sahabah
an obligation upon all
Saheeh – Authentic, used in Muslims. Salah includes
reference to the Takbeer, standing,
authenticity of Ahadeeth recitation of Surah al-
(narrations). Inauthentic or Faatihah, bowing,
weak narrations are not prostrating, tashahhud
accepted in Islamic and Tasleem.
jurisprudence.
Salatul Janazah – Funeral
Sahl bin Sa'd – A prayer.

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Salatul Jumu’ah – and Sunnah.

Congregational Friday
Shaytaan – Satan or the
prayer.
devil.
Salih – The name of a
Sheikh Muhammad ibn
prophet of Allah.
Abdul Wahhab – A scholar
School of thought – and reviver in Islamic
(Madhab) compilation of history that spoke strongly
works by scholars that against the innovations
follow the juristic and deviation from the
foundations of a particular path of the prophet and
scholar or Imam. his companions that was
prevalent in his time, and
Shafi’i – Imam Muhammad
indeed continues to exist
ibn Idrees al-Shafi’i was
today.
one of the most famous
scholars of the early Shirk al-Akbar – The big
generations of Islam. Shirk. An act of
associating partners with
Shaheed – Martyr, someone
Allah that will take a
who dies in the way of
person out of the fold of
Allah or in another way
Islam.
that will allow them to
enter paradise without Shirk al-Asghar – The
accountability. small Shirk. This is a lesser
form of associating
Shari’ah – The Islamic law
partners with Allah that
derived from the Qur’an
does not take a person out

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of the fold of Islam such as dawn to eat something

praying with the intention before beginning a fast in
of showing off. This is also the following day.
called Shirk al-Khafi or
Sujud – Prostration. The
Shirk al-Saraa’ir.
ritual act of kneeling on
Shirk al-Khafi – Hidden the knees and placing the
Shirk. See Shirk Asghar. head on the ground.
Prostration requires that
Shirk al-Saraa'ir – Hidden
the forehead, nose, hands,
or Secret Shirk. See Shirk
feet and knees all touch
Asghar.
the ground at once.
Shukr – Gratefulness or
Sunnah – The example of
Thankfulness.
the prophet Muhammad
Siwaak – Toothstick used (saw) [NB: the word
to clean the teeth before Sunnah has many
prayers. A highly meanings, but this is the
recommended action and most common meaning].
the Sunnah of the prophet
Surah – Chapter of the
(saw).
Qur’an.
Siyaam – Fasting. The
Ta’weel – Interpretation,
ritual act of abstaining
going to a metaphoric
from food and sexual
meaning instead of the
intimacy during daylight
apparent meaning of a
hours.
word or phrase, doing so
Suhoor – Waking up before without a divine evidence

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is a serious distortion of Taharah – Ritual purity

the revelation.
Takbeer – Saying “Allahu
Ta’weez – Seeking refuge, Akbar (Allah is The
also used in reference to Greatest)”
certain talismans or
Tamaa’im (pl.) – Talismans,
charms worn by some
charms worn by people for
people to seek protection
protection against the evil
or cure.
eye, bad luck and similar
Tabarruj – Beautifying or superstitions. Wearing
decorating yourself. such things is a form of
Shirk.
Tabayyun – Verification
e.g. of news about other Tamtheel – (i) acting (ii)
people. mutilating dead bodies
(iii) Making Allah
Tafweedh – Leaving a
comparable to the
decision to Allah without
creation.
making a stand either way
(a form of saying “I don’t Taqwaa – Piety or fear of
know”) e.g. saying, Allah that prevents a
“maybe Allah has a hand person from disobeying
and maybe he doesn’t, I Him.
will leave it to Allah.”
Tasbeeh – Saying “Subhan
Taghoot – Anything that is Allah (Glory be to Allah)”
worshipped, obeyed or
Tashahhud – The
followed instead of Allah.
supplication said during

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the sitting at the end of the Tathbeet – Affirmation of

second and last unit of your belief in a matter e.g.
Salah starting an attribute of Allah.
“Attahiyaatu …”.
Tawbah - Repentance
Tashbeeh - Making
Tawakkul – Relying and
similarity between things
trusting totally and
e.g. claiming Allah is
exclusively on Allah.
similar to the creation in
the way some non- Tawheed – Exclusivity to
muslims picture god as an Almighty Allah in all of
old white-bearded man, his rights, including His
this is an act of disbelief. right to be worshipped,
obeyed and followed
Tashree’ – Legislation,
exclusively and for all His
deciding that something is
actions, functions, names
lawful or unlawful and/or
and attributes to be
prescribing a reward or
attributed to Him
punishment accordingly.
exclusively.
The right to do so belongs
only to Allah. Tawraat – (or Torah) the
divine scriptures revealed
Tasleem – Saying
to Musa . This book in its
“Assalamu ‘Alaikum Wa
original form is
Rahmatullah” at the end
unavailable today but
of the Salah.
Muslims believe that the
Tathabbut – Verification existing versions of the
Tawraat have been

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distorted. language, united only by

their beliefs.
Tayammum – Dry ablution
using sand or dust when 'Uqba bin 'Amr – A
water is unavailable (e.g. companion of the prophet
on a journey through the Muhammad (saw)..
desert), it is performed by
Wara' – Fearing Allah by
touching sand and then
abstaining from
rubbing the face and arms
permissible things because
with the intention of
of a doubt about its
removing the small ritual
lawfulness.
impurity.
Witr – Odd number, also
Ubay ibn Ka’b – One of the
refers to the final
most knowledgeable
recommended prayer of
scholars and companions
the night that is of an odd
of the prophet (saw).
number of rak’ah (units).
Ulamaa' – Islamic Scholars
Wudu’ – The ritual act of
Umm Salamah (ra) – The washing the face, arms,
name of one of the wives hair and feet with water
of the prophet with the intention to
Muhammad (saw). remove the minor ritual
impurity.
Ummah – Nation. The
Muslim Ummah is a single Yameen al-Ghamoos –
united nation undivided Giving a false oath.
by race, colour or
Yazeed bin Husaib bin

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Aslami – A companion Zinaa – Unlawful sexual

(ra) of the Prophet (saw) . intercourse with any
person that is not married
Zaboor – The divine
to you or is not a lawful
scripture revealed to
concubine.
Dawood , also known as
the Psalms. This book is Zuhr – The obligatory noon
not available in its prayer, prayed after the
unadulterated form. sun has passed its highest
point and before the
Zaid ibn Khalid – A
shadows reach one full
companion of the Prophet.
length (or two lengths for
Zakat – An obligatory some schools of thought).
ritual act of annually
Zulm – Oppression, i.e.
donating 2.5% of all saved
taking or withholding the
wealth for those people
rights of other people
who have a minimum
without any Shari’ah
amount of wealth (80g of
permit.
gold).

Zihaar – A prohibited form

of divorce that was
practiced before the
advent of Islam, where a
husband says to his wife
“You are forbidden to me
like the back of my
mother.”

418