بسم الله الرحمن الرحيم
The Thought of Hizb ut Tahrir
The idea upon which Hizb ut-Tahrir is established, which is embodied in its members and which it works to melt the Ummah with, so that she takes it as her issue, is the Islamic idea, i.e. the Islamic ‘aqeedah together with the laws which originate from it and the thoughts which are built upon it.
From this idea the Party has adopted the amount which it needs as a political party that is working to bring Islam into society i.e. to embody Islam in ruling, relationships and the various affairs of life. The Party has explained everything it has adopted in detail in its books and leaflets which it has published, together with detailed evidences for every rule, opinion, thought and every concept.
The following are general examples of the important thoughts, rules, opinions and concepts it has adopted.
9.1 The Islamic ‘Aqeedah
The Islamic ‘aqeedah is Iman in Allah (swt), His angels, His books, His messengers, the Last Day, and Iman in al-Qada’ wal Qadar (Divine Fate and Destiny), their good and bad being from Allah (swt).
Iman is attasdiq al-jazim (the decisive assent), which agrees with reality, based on evidence. So if the tasdiq (assent) is not based on evidence it is not Iman, because it is not decisive, and the tasdiq is not decisive unless it is established on the basis of qat’i (definite) evidence. Therefore it is inevitable that the evidence for the ‘aqeedah must be qat’i and it must not be zanni (indefinite).
The ‘aqeedah is: ‘To bear witness that there is no deity but Allah and that Muhammad is the Messenger of Allah.’ And it is not a witness unless it is based upon ‘ilm (knowledge), yaqeen (certainty) and sidq (assent). It is not based on zann (doubt) because zann does not avail ‘ilm and yaqeen.
The Islamic ‘aqeedah is the basis of Islam and the basis of its viewpoint towards life. It is also the basis of the State, the constitution and all the canons, as it is the basis of every Islamic thought, law and concept that is derived from it or that is built upon it. Thus it is an intellectual leadership and an intellectual basis. And it is a political creed, because the thoughts, laws, opinions and concepts that originate from it, or are built upon it, relate to caring for worldly affairs as well as the matters of the Hereafter. It is the basis of caring for worldly affairs since it includes laws about trading, renting, attorney, sponsoring, marriage, companies and inheritance as much as it includes laws which manifest the manner in which the laws of caring for worldly affairs are executed, such as the laws of how to establish the amir of a group, and laws about the method of appointing the amir, obeying him and taking him to task. The laws of jihad, treaty, peace and cease-fire as well as the penal code and many others are also derived from the ‘aqeedah. Therefore, it is an ‘aqeedah that cares for the affairs and hence it is a political creed. This is because politics is caring for the affairs. And this is an ‘aqeedah which is not detached from the struggle and fight necessary to convey its da’wah, to protect it, to establish it in authority, its protection by the authority, to make sure that the authority remains based upon it and implements it. And it is necessary to take the authority to task if it is negligent in its implementation and execution or in carrying of its message to the world.
The Islamic ‘aqeedah requires that only Allah (swt) should be worshipped, that He (swt) alone be given absolute obedience and that only He (swt) has the right to make the Law. It also requires the negation of worshipping all things and creatures like idols, tyrants, whims and desires because Allah (swt) alone is the Creator, the only One to be worshipped, the Judge, the One Who acts as He wishes, the Law-Giver, the Guide, the One Who provides, gives life and causes death, the Helper and Sovereign, and the Only One Who is able to do everything. In these nothing from His creation has any share.
And the Islamic ‘aqeedah also requires that we only follow Muhammad, the Messenger of Allah (saw). Hence, no one is followed except him (saw) and laws are not taken from anyone else except him (saw), because he (saw) is the conveyer of Allah’s (swt) legislation and it is not allowed to take the legislation from men, religions, principles or legislators other than him (saw). Rather it is a duty to only follow and take from him (saw).
“Whatever the Messenger gives you take it. And whatever he forbids you abstain from it. “ [TMQ 59:7]
“It is not fitting for a believer, man or woman, that when a matter has been decided by Allah and His Messenger, to have any option about their decision.” [TMQ 33:36]
“But no, by your Lord, they will not believe (in truth) until they make you the judge in all disputes between them.” [TMQ 4:65]
“Let those beware who oppose the Messenger’s order, lest some calamity befall them, or a grievous penalty be inflicted on them. “ [TMQ 24:63]
The Islamic ‘aqeedah demands as an obligation the complete and comprehensive application of Islam all at once, and it prohibits applying a part of it and leaving the remaining part, just as it prohibits its gradual implementation. This is so because Muslims have been ordered to implement all that Allah (swt) has revealed unto His Messenger after the following verse was sent down without differentiating between any two rules,
“This day I have perfected your deen for you, and completed my favour upon you and have chosen for you Islam as your deen.” [TMQ 5:3]
This is so because all of Allah’s orders are equal as regards implementation. It is for this reason that Abu Bakr together with the Sahabah fought those who refused to pay the zakat because they refused to implement only one rule, i.e. giving zakat, and Allah (swt) has threatened those who differentiate between any two orders or believe in a part of the Book and neglect or refuse the remaining part, with disgrace in this life and severe torture in the Hereafter, when He (swt) says,
“Then is it only a part of the Book that you believe in, and do you deny a part? What is the reward for those among you who do so, except disgrace in this life? And on the Day of Judgement they shall be consigned to the most grievous penalty.” [TMQ 2:85]
The Party has dealt with the thoughts of the ‘aqeedah and related topics such as proof of the existence of Allah (swt), the Creator, and the proof of the need for messengers, the proof that the Qur’an is from Allah (swt) and that Muhammad (saw) is a messenger of Allah. All of this is by rational and textual proof from the Qur’an and hadith mutawatir. The Party has also dealt with other topics such as Qadar, al-Qada’ wal Qadar, rizq (livelihood), ajal (life span), tawakkul (trust in Allah (swt)) and hidayah (guidance) and dalal (misguidance).
9.2 Principles of the Shari’ah
The principle that the basis of actions is to be restricted to the Hukm Shar’i (the Shari’ah ruling) and therefore no action is performed until its ruling is known. The basis of things is permissibility unless there is an evidence for prohibition.
In the Shari’ah a Muslim is required to perform all actions according to the Shari’ah rules. Allah (swt) says, “But no, by your Lord, they will not believe (in truth) until they make you the judge in all disputes between them.” [TMQ 4:65] And He (swt) also says, "Whatever the Messenger gives you take it. And whatever he forbids you abstain from it." [TMQ 59:7]
Therefore the basis for every Muslim is to restrict all his actions by the Shari’ah rules. Al-Hukm (the rule) is the speech of the Law-Giver relating to human actions. Therefore any action not specified by the speech of the Law-Giver cannot be a Shari’ah rule. Allah (swt) has laid down the rule for every action and thing in this world when He (swt) commands,
“This day I have perfected your deen for you, and completed my favour upon you and have chosen for you Islam as your deen.” [TMQ 5:3]
“And We have revealed unto you the Book as clear explanation for everything." [TMQ 16:89]
The general speech of the Law-Giver establishes the ibahah (permissibility) of things and ibahah is a Shari’ah ruling because ibahah is the matter in which the Law-Giver has given the choice for man to do or not to do. Allah (swt) says, “And He has created for you everything in the Heavens and in the Earth." [TMQ 2:29]
This means that Allah (swt) has created for us the things in the heavens and the earth, and that He (swt) has put them at our service and therefore they are, in general, mubah (permitted) and there is no need for any one of these things to have a specific evidence because it is included in the general rule of ibahah. Allah (swt) says, “Eat that which is in the Earth, as halal and good." [TMQ 2:168]
And this means that generally eating anything is halal and it does not require a specific evidence because it is covered by the general rule of ibahah. The prohibition to eat things like carrion, pork, the fallen animal and predators or the prohibition to drink things like wine, have all come as a result of specific evidences for their prohibition and are exceptions to the general rule of things which is ibahah.
- Principle: Whatever is necessary to accomplish an obligation is itself an obligation.
- Principle: Taking along the original rule.
- Principle: Good is that which pleases Allah (swt) and Evil is that which makes Allah (swt) angry.
- Principle: Nice is th (hasan) at which the Shar’a portrays as nice and the abominable (qabeeh) is what the Shar’a portrays as abominable.
- Principle: Matters of worship, food, drinks and morals are not to be reasoned intellectually but the text should be followed.
9.3 Shari’ah Definitions
The Shari’ah rule is defined as the speech of the Law-Giver relating to human actions, like the definition of wajib (obligatory) which is that which is a decisive request (command), or which if done, is rewardable and if left, is punishable, and the haram is that which is absolutely prohibited and the one who commits haram is punishable.
9.4 Non-Shari’ah Definitions
Like definitions of ‘thought’, ‘rational method’, ‘scientific method’ and ‘society’. All these are definitions about reality.
The thought, the mind and comprehension are of the same meaning, which is the transfer of the reality to the brain through the senses together with previous information through which reality can be explained.
Four things are required for ‘thought’, they are:
- The presence of reality.
- The presence of a functioning brain.
- The presence of senses.
- The presence of previous information.
The presence of all these four things is necessary in order to ensure the rational process, i.e. to initiate ‘the mind’ or ‘thought’ or ‘comprehension’.
(a) The Rational Method: The method by which things are understood is the method in which the mind can arrive to thoughts i.e. it is the manner by which the mind produces thought, so it is the method of thinking.
The rational method of thinking is a specific way adopted in research to attain understanding of the thing under consideration by transferring the sensation of reality through the senses to the brain, together with the presence of previous information by which the reality is explained. As a result the brain can produce its judgement of the reality. This judgement is the thought or the rational comprehension.
This occurs in discussing tangible matters like physics, in discussing thoughts like creeds and legislation, and in the understanding of words like in fiqh and literature. This method is the natural and original method to reach comprehension as it is, and its process is the way in which thought or understanding of things is realised. And by this method man, as a man, can reach the understanding of things.
(b) The Scientific Method: The scientific method is a specific method in research used to find the reality of something by performing experiments on that thing, and it is only employed in research on tangible things. It cannot be employed in the domain of thoughts and therefore is particular to the experimental subjects. It depends on subjecting the matter to conditions and environments other than its original conditions, and then comparing the original and the imposed conditions. By this process a tangible reality is deduced as is the case in laboratories. The result that the researcher obtains by the scientific method is not absolute, rather it is indefinite and therefore subject to error or the possibility of error. The possibility of error in the scientific method is one of its principles as laid down in scientific research.
This method is an offshoot of the rational method and is not a basis of thought. It is not possible to make it a basis because it is not an origin that could be built upon, rather it is a branch of an origin. Also in treating the scientific method as an origin would exclude most of the information and facts from research, and would lead to the absence of a large number of branches of knowledge which have been studied and which contain facts, despite the fact that they do definitely exist and are felt through the senses and reality.
Society is a collection of people who are connected by the same thoughts, emotions and one system. It is a collection of people who have relationships between them and not simply just a collection of people only. A collection of people is a group and not a society. The key factor that forms a society is the relationships. The society in its detailed reality is people, thoughts, emotions and systems, and its correction or elevation can only proceed by correcting its thoughts, emotions and systems.
Societies are identified by the relationships and solutions adopted and so are said to be an Islamic, Communist, or Capitalist.
9.5 The Existing Ideologies in the World
Three ideologies exist in the present world. They are: Islam, Democratic Capitalism and Communism.
9.5.1 Democratic Capitalism
This is the ideology of the Western nations and the United States, and it is an ideology based on the separation of religion from the state and the separation of religion from worldly life, as stated by “Render unto Caesar what is Caesar’s and unto God what is God’s.”
On this basis, it is man who lays down his system in this life. This ideology is Kufr in nature and contradicts Islam because Allah (swt) is the sole Legislator and He (swt) is the only One Who laid down the system for man and made the State a part of the laws of Islam. He (swt) made it imperative that all matters of life be solved by Islamic laws which He (swt) has revealed. Therefore it is prohibited for Muslims to embrace the Capitalist ideology or to take its ideas or systems, because it is a Kufr ideology and its ideas are Kufr ideas, and its systems are Kufr systems and they contradict Islam.
Islam’s Opinion on ‘Rights’ or ‘Freedoms’
One of the most emphasised ideas in the Capitalist ideology is the necessity to safeguard the ‘rights’ (freedoms) of man. These rights are: freedom of belief, freedom of speech, freedom of ownership of capital, and personal freedom. The freedom of ownership resulted in the Capitalist economic system which is based on benefit, and which led to immense monopolies and pushed the Western disbelieving nations to colonise people and exploit their riches.
The four common ‘freedoms’ are in conflict with the laws of Islam. The Muslim is not free in the matter of his belief because if he apostasizes from Islam, he is asked to return. If he does not, his punishment is death. The Messenger of Allah (saw) said, “Whosoever changes his deen, kill him.”
The Muslim is not free in his opinion. His opinion is the opinion of Islam, and it is not allowed for a Muslim to have an opinion other than that of Islam.
The Muslim is not free to own and it is not correct for him to own except according to the divine means of ownership. He is not free to own what he likes and by the way he likes. He is rather restricted by the divine means of ownership and prohibited to own by means other than these. He cannot own by using riba or by monopolies or hoarding or by selling wine, pigs, or similar means which are prohibited.
Personal freedom does not exist in Islam because a Muslim is not free in personal affairs, but he is rather restricted by the Islamic Law. If he does not perform salah or fast, for example, he must be punished. If he drinks wine or commits adultery, he is punished. If a woman comes out uncovered or with a dazzling display of her beauty she is punished. Therefore the ‘freedoms’ as defined in the Western Capitalist system simply do not exist in Islam and they are in absolute conflict with the laws of Islam.
One of the principle concepts of Capitalist ideology is democracy.
Islam’s opinion of Democracy
Democracy is the rule of people, for the people, by the people. The basis of the democratic system is that people possess the right of sovereignty, choice and implementation. They have the right to execute their own choices because they are their own masters and no one has any sovereignty over them. They are therefore the law-makers. They make the laws which they choose and cancel the laws which they choose to remove; and because all people cannot do this by themselves, they elect representatives to make laws on their behalf. The people possess the right of ruling and implementation. Since it is unfeasible for them to rule by themselves, they elect rulers to rule on their behalf by the laws which people have made. Hence the people are the source of power in the Western Capitalist system. And the people are the masters, the ones who put laws and who govern.
This is the democratic system, and it is a Kufr system because it is laid down by man and it is not from the Shari’ah Laws. Therefore to rule by democracy is to rule by disbelief, and to call for it is to call for a Kufr system. Therefore to call for it is prohibited and to take from it is prohibited under all conditions. This democratic system is against the laws of Islam, because Muslims are ordered to perform their actions by the laws of Islam. A Muslim is Allah’s slave. He acts only according to Allah’s injunctions. i.e. what He (swt) has ordered and what He (swt) has prohibited.
The Ummah cannot act according to its desire because she does not own the sovereignty. The matter which controls the choice of the Ummah is the Shari’ah because to it alone belongs sovereignty. The Ummah, therefore, does not possess the right of legislation because Allah (swt) is the Legislator. If the whole Ummah decides to allow what Allah (swt) has prohibited like riba or monopolising or adultery or drinking wine, its consensus will be of no value because it contradicts with the laws of Islam. If it insists on doing so, it should be fought against. However, Allah (swt) has given the authority i.e. of rule, and the implementation to the Ummah and therefore given it the right to elect or appoint a ruler, so that he rules and implements on her behalf. Allah (swt) has ordained that the way this ruler is to be selected is through the bay’ah, and with this it is easy to realise the difference between sovereignty and authority. The sovereignty belongs to the Shari’ah and the authority is for the Ummah.
Communism is a materialistic ideology which is based upon the denial of anything other than the matter and it considers that matter is eternal, i.e. there is nothing before it and nothing after, that it was not created by a Creator, that neither a Creator nor the Last Day exist. It considers religion as an opium for the people.
It is a materialistic ideology based on the theory of materialistic and historical evolution. In its view the matter is the origin of everything and things originate from it and are produced through evolution. The system is acquired by means of production and the systems develop according to the development of the means of production. and society is a general collection consisting of the earth, the means of production, nature and man. All are one thing i.e. matter, and when nature and its contents evolve, man and the society evolves with it as well.
Therefore the society in Communism is subject to evolution and when the society evolves, man evolves with it, and he moves with the society in a way like the spoke within a wheel. Communism prohibits the personal possession of the means of production and considers them state property. The Communist ideology is a Kufr ideology and its ideas and systems are Kufr ideas and systems. It is in conflict with Islam totally and basically, both in its principles and details.
Islam clearly explained and proved that matter is created and is not absolute. It will be destroyed. Man is created by One Creator. The universe and what is in it are all created by One Creator. The system is from Allah (swt) and not from the evolution of matter or the means of production or from man. It also explained that society is composed of man, thoughts, emotions and systems, and the issue which identifies the nature of societies is the system implemented in the society. The society that implements Islam will be an Islamic society whatever the means of production prevalent in it. Similarly, the society where Capitalism is implemented is a Capitalist society, and a society where Communism is implemented is a Communist society even though the means of production in it are the same as those in a Capitalist society.
9.6 Hadharah (Culture) and Madaniyyah (Civilisation)
Culture is a collection of concepts about life. Civilisation is the material shapes that are used in matters of life. Culture is therefore specific according to one’s viewpoint in life. Therefore, Islamic culture is not equivalent to Western culture or Communist culture since everyone of these cultures has a different specific viewpoint with respect to life. Therefore it is prohibited for Muslims to take anything from Western or Communist culture, because of their contradiction with Islam.
As far as civilisation is concerned, if it results from a culture, like paintings of living things and statues, it is then considered specific to that culture and it is not allowed to be taken. The Islamic culture prohibits the making and the owning of statues as it prohibits the drawing of living things, whilst the Western culture and Communist culture allow them and don’t forbid them.
If the civilisation results from the progress of science and technology, like the means of transportation e.g. aeroplanes, ships and cars, and also like the means of production such as agriculture, advanced machines of war and all that the human mind has produced as inventions, discoveries, or as a result of scientific progress and technological advancement like computers, then they can be acquired since they do not go against the laws of Islam; indeed it is necessary to acquire them. All these are universal forms and they are for the whole world and are not specific to any culture, nation or to any religion, in fact they are for all of mankind because they do not depend on culture nor on the point of view of life.
9.7 Some Laws of the Islamic System of Government
Islamic Authority: Islam has defined the Islamic authority as the rule according to that which Allah (swt) has revealed,
“And rule between them by what Allah has revealed, and do not follow their whims, and beware that they tempt you away from even some part of what Allah has revealed to you.” [TMQ 5:49]
“And rule between them by what Allah has revealed, and do not follow their whims away from the Truth which came to you.” [TMQ 5:48]
Thereupon every authority that rules according to what Allah (swt) has revealed i.e. rules exclusively according to the Book and the Sunnah, is an Islamic authority.
9.8 The Structure of the Islamic System of Government
Islam has determined the structure of Islamic government to be the system of Khilafah "Caliphate" and it is the only system of ruling of the Islamic State. Muslim narrated about Abu Hazim, who said, “I accompanied Abu Hurayrah for five years and heard him talking of the Prophet’s saying: The Prophets ruled over Bani Israel, whenever a Prophet died another Prophet succeeded him, but there will be no Prophet after me. There will be Khulafa’a and they will number many.”
This hadith is a clear statement of the fact that the Islamic structure of government after the Messenger of Allah (saw) is the Khilafah "Caliphate". This fact is strengthened by evidence from numerous other ahadith that the Khilafah or Imamah is the only system of government in Islam, like the hadith, “After me there will be Imams” and the hadith, “If a bay’ah is taken for two Khaleefahs...” and other ahadith which all indicate that the system of government in Islam is the Khilafah only.
9.8.1 The Method of Appointment of the Khaleefah
Islam has determined the way in which the Khaleefah is appointed to be by bay’ah. Nafi’a narrates from Ibn ‘Umar, who said, “I heard the Messenger of Allah say: He who dies whilst there was no bay’ah (oath of allegiance) on his neck, he dies a death of jahiliyyah.” ‘Ubada ibn as-Samit said, “We took an oath on the Messenger of Allah that we would obey him and listen to him in the time of ease or hardship and we would not dispute the authority from those who have the right to it and that we would stand or say the truth wherever we were, not fearing the blame of anybody for the sake of Allah.” And the hadith that, “If a bay’ah is taken for two Khaleefahs, kill the latter of them.”
The ahadith explicitly indicate that the method of appointing the Khaleefah is by the bay’ah, and there was also an Ijma’ of the Sahabah on this issue. Therefore when every rule and authority is based on the system of Khilafah "Caliphate", and the appointment of the Khaleefah takes place by way of the bay’ah and the rule is by what Allah (swt) has revealed i.e. by the Qur’an and Sunnah, then this is an Islamic divine rule, and an Islamic authority.
Any Khaleefah whom Muslims have chosen and to whom they have given their pledge of their own free will is considered a legitimate Khaleefah who must be obeyed.
Therefore the Monarchical system is not an Islamic system and Islam does not approve of it whether the king is a figurehead who does not rule, as is the case in Britain and Spain, because the Khaleefah is not a figurehead, rather he is the ruler and an executor of the laws of Allah (swt) on behalf of the Ummah, or if the king is the head and the actual ruler, as is the case in Saudi Arabia and Jordan. This is because the Khaleefah does not acquire his position like the kings do, rather, Muslims select him and give him the bay’ah. The hereditary system is not allowed in Islam; the Khaleefah does not have more privileges than any other Muslim citizen and he is not above the Law like the kings who cannot be tried, rather he is subservient to the laws of Allah (swt) and is liable to be accounted on every act he commits.
Similarly, the Republican system is not an Islamic system and Islam does not approve of it whether it is Presidential in nature as in the US or it is Parliamentary, as found in Germany, because the Republican system in both these forms is based on the democratic system which gives the sovereignty to the people, whilst the system of Khilafah "Caliphate" is based on the system of Islam that gives sovereignty to the Shari’ah. Accordingly the Ummah does not have the right to remove the Khaleefah, though it has the right to choose him and to account him, and only the Islamic rule can remove the Khaleefah i.e. in case he works against the Shari’ah in such a way that it becomes necessary to remove him. The power to decide whether the Khaleefah has worked against the Law such that he must be removed rests with the Mahkamat ul-Mudhalim (Court of the Unjust Acts) which has the authority to remove him from the seat of Khaleefah, due to Allah (swt) saying, “O you who believe! Obey Allah, obey the Messenger and the rulers from amongst you, and if you disagree on a matter then return it (for judgement) to Allah and the Messenger if you truly believe in Allah and the Last Day.” [TMQ 4:59].
This means that they must turn over the matter to the Law of Allah (swt) and His Messenger (saw), and the Court of the Unjust Acts represents the Law of Allah (swt) and His Messenger (saw), whilst in the case of the President of the Republican system the people have the right to remove him, because the people have the sovereignty and the authority. The Khaleefah is not elected for a limited term; the only limitation to his rule is the implementation of Islam. If he does not implement Islam, he will be removed even if it is after only one month of his appointment. In contrast the President of the Republic is elected for a limited term. Moreover, in the Parliamentary system there is the Prime Minister beside the President, and the President is only a figurehead without power, the real power rests with the Prime Minister. The Khaleefah is the real ruler and he rules and implements his orders and he has no ministers who rule independent of him.
Although the President in the Presidential system is himself the actual ruler, he does have with him ministers who have authority of ruling and he is their head and his rank is that of the President of the government. This is in contradiction to the system of Khilafah "Caliphate" where the Khaleefah rules directly, and he has with him assistants. These assistants do not have the powers of ministers as in the democratic Republican system. When the Khaleefah becomes the ruler he is the ruler in the capacity of the head of the State and not the head of an executive committee. Therefore there exists a great difference between the Republican and the Khilafah "Caliphate" systems, and therefore it is not allowed to name the Islamic State an Islamic Republic, nor is it allowed to say that the system of government in Islam is Republican nor that Islam is a Republican system because of the complete contradiction between the two.
9.8.2 The Unity of the Khilafah "Caliphate".
The system of government in Islam, which is the system of Khilafah "Caliphate", is a unitary system of one state and not a federal system. And Muslims all over the world are not allowed to have more than one Islamic State, nor to have more than one Khaleefah who rules them by the Book of Allah (swt) and the Sunnah of the Messenger of Allah (saw) i.e. he implements the Islamic Law, because Shari’ah evidences has established this and prohibited the existence of more than one state, as is narrated by ‘Abdullah ibn ‘Amr ibn al-’As, who said that he heard the Messenger of Allah (saw) say, “He who gave the bay’ah to an Imam giving him the clasp of his hand and the fruit of his heart shall obey him as long as he can, and if another person comes to dispute with him (his authority) you have to strike the neck of that person.” And as narrated by Abu Said al-Khudri, that the Messenger of Allah (saw) said, “If a bay’ah is taken for two Khaleefahs, kill the latter one”, and as narrated by ‘Arafaja that he heard the Messenger of Allah (saw) say, “If someone comes to you when you are united over one man and wants to break your strength and divide your unity, kill him.”
These ahadith are clear statements of the fact that Muslims cannot have more than one Khaleefah, and if another person tries to wrest his power it is necessary to kill that person. If bay’ah is taken for two persons, the first is considered the Khaleefah and the second is killed if he does not back out. If anyone disputed with the Khaleefah in order to break up the State or to put himself forward as Khaleefah, he should be killed.
These ahadith are also explicit that Muslims are not allowed to have more than one state and they are explicit in the necessity that the Islamic State is a state of unity, and not a state of union, made up of many units.
9.9 The Principles of Government in Islam
The Islamic system of government is based on four principles:
9.9.1 Sovereignty is for Allah (swt) and not for the People
What controls and runs the Muslims and the Ummah is not the Muslims themselves, nor the Ummah, rather the choice of the Muslims and the Ummah is regulated by Allah’s orders and prohibitions only.
“Surely they will not believe until they make you the judge in what they disagree.” [TMQ 4:65]
“It is not for the believer (male or female) that when Allah and His Messenger have decided a matter that they should have any choice in their matter.” [TMQ 33:36]
“O you who believe! Obey Allah, obey the Messenger and the rulers from amongst you, and if you disagree on a matter then return it (for judgement) to Allah and the Messenger if you truly believe in Allah and the Last Day.” [TMQ 4:59]
And the Messenger of Allah’s (saw) saying, “None of you will be a (true) believer until his desire follows that which I have come with (i.e. Islam).”
These evidences are explicit in making the sovereignty for the Laws of Allah (swt) and not for the Ummah.
9.9.2 The Authority is for the Ummah
It is clear that the authority i.e. the government, is for the Ummah because it is apparent in the method, defined by the Law-Giver in appointing the Khaleefah by the Ummah through the bay’ah, and also from the fact that the Khaleefah takes the authority by the bay’ah and he governs the Ummah on her behalf. And the fact that the Khaleefah takes the bay’ah is a clear proof that the actual authority is from the Ummah, who gives it to whom it sees fit. There are also other explicit ahadith which states that the Ummah appoints the leader and gives a bay’ah to him. It is narrated by ‘Abdullah ibn ‘Amr that the Messenger of Allah (saw) said, “It is not allowed that three be in the open (during a journey) and that they do not make one of them their leader.”
It is clear here that the appointer is the Ummah. And the ahadith of bay’ah, already mentioned, clearly make the point that the authority is from the Ummah.
9.9.3 There is only one Khaleefah
To appoint one Khaleefah upon all Muslims to represent them in the government is a duty of the Muslims and we have gone through many ahadith about the appointment of the Khaleefah and the necessity that the Khaleefah is one, a matter which was also indicated by the Ijma’ of the Sahabah.
9.9.4 The Khalifah alone has the right to adopt and enforce Islamic opinions in the State
The Khaleefah is the one who issues the constitution and the various canons. The Ijma’ of the Sahabah proves that only the Khaleefah can adopt divine laws and from this consensus is deduced these famous principles: “The Imam’s order settles the differences” and “The Imam’s order is implemented” and “The Imam can put forward as many solutions as the (number of) problems which arise.”
9.10 The Structure of the Islamic State
The structure of the Islamic State consists of the following components:
1. The Khaleefah.
2. Delegated Assistants.
3. The Executive Assistants.
4. The Amir of Jihad.
5. The Walis (Governors).
6. The Judiciary.
7. The Administrative System.
8. The Council of the Ummah.
9. The Army.
These components have been taken from the Sunnah of the Messenger of Allah (saw), because he (saw) built the structure of the State, and he (saw) was the head of the State, and he (saw) ordered the Muslims to put for themselves a Khaleefah (after him) and he (saw) appointed Abu Bakr and ‘Umar as his assistants (as narrated in Tirmidhi), “My two wazirs from the people of the earth are Abu Bakr and ‘Umar.”
And wazir means the one who helps, and not the term Minister as used in the Western democracies. Similarly, the Messenger of Allah (saw) appointed commanders for war and jihad and appointed walis for the provinces. He appointed Mu’adh as a governor of Yemen and appointed ‘Utbah ibn Usayd as governor of Makkah after the conquest of Makkah. Similarly, he (saw) appointed judges to judge between people. He appointed ‘Ali ibn Abi Talib as a judge for Yemen and sent Rashid ibn ‘Abdullah as the amir of judiciary and Unjust Acts. As regards to the administration structure, he (saw) appointed secretaries for the public administration, their rank being that of head of department. He appointed Mueqeeb ibn Abu Fatimah as secretary for the spoils of war and Hudhayfah ibn al-Yaman as secretary for collection of the zakat on the fruits of Hijaz.
As regards the Council of the Ummah, the Messenger of Allah (saw) did not always have a formal assembly, but he (saw) used to take advice from Muslims. He (saw) collected them on the day of Uhud and sought their advice. And sometimes he (saw) used to call specific persons on a continuous basis to seek their advice, and these were some of the leaders of their people (tribes), who included Hamzah, Abu Bakr, ‘Umar, Ja’far, ‘Ali, Ibn Mas’ud, Salman, ‘Ammar, Hudhayfah, Abu Dharr, al-Miqdad, Sa’d ibn ‘Ubadah and Sa’d ibn Mu’adh, and they were like an assembly whose advice was sought. Similarly, the Messenger of Allah (saw) formed an army and he was its real commander and he (saw) also used to appoint commanders in some of his battles.
9.11 Political Parties
The Muslims have a right (by Islam) to form political parties for the purpose of accounting the rulers or for establishing the government through the Ummah. There is, however, a pre-condition: these parties should be founded on the Islamic belief and doctrine, and the laws and solutions that they adopt should be solely Islamic laws and solutions. A licence or permission to form such a party is not required and it is allowed for more than one party to exist simultaneously, as Allah (swt) says, “There should be amongst you a group(s) which calls for good, and commands what is right and forbids what is evil, surely they are the ones who are successful” [TMQ 3:104].
9.12 Taking the Rulers to Task
Allah (swt) made it obligatory upon the Muslims to obey the rulers and to account them for their actions and behaviour, and the order for the Muslims to account the rulers is decisive. He (swt) ordered them to work to change them if they oppressed the Ummah or were careless in their duty towards them or neglected any of their affairs or conflicted with any of the Islamic laws or ruled by anything other than what Allah (swt) revealed.
The Messenger of Allah (saw) said, “The best jihad is to say the truth before a tyrant ruler” and, “The prince of martyrs is Hamzah and the man who stood facing a tyrant ruler, gave him the correct advice and then the ruler killed him.”
9.13 Obedience of the Ruler who rules by Islam is obligatory unless he orders with a sin
The obedience of the ruler who rules by the word of Allah (swt) is obligatory upon Muslims unless the ruler orders them to commit a sin or until he performs an act of Kufr bu’ah (open disbelief) in his government. Allah (swt) says, “O you who believe! Obey Allah and obey the Messenger and the rulers amongst you.” [TMQ 4:59].
Therefore obedience to the Muslim ruler is absolute except when he orders a sinful act; in the latter case, obedience to the ruler is not allowed.
The Messenger of Allah (saw) said, “Listening and obeying is essential for a Muslim in what he likes or dislikes unless he is ordered to do a sinful act; if he is ordered a sinful act, then there is no listening nor obeying.”
9.14 To openly oppose (rebel) against a Ruler who rules by Islam is prohibited unless he rules by clear Kufr
Islam has prohibited rebellion against a ruler as long as he rules by Islam, even if he commits some injustices; he should be accounted for that injustice, but rebellion cannot be invoked against him on the basis of his injustice. The Messenger of Allah (saw) said, “He who leaves (comes out of) the Ummah, has surely taken off the ‘necklace’ of Islam from around his neck until he returns.”
In the ahadith, rebellion against the ruler is clearly prohibited even if they are unjust, except under one condition and that is if they rule by clear Kufr, which is without doubt Kufr by definite evidences. The Messenger of Allah (saw) said, “There will come rulers after me and you will see them doing evil, and disapprove. He who commands righteousness will pass and he who disapproves will be safe (on the Last Day), but he who agrees and follows, he will be punished. The companions asked: Should we not fight them (the rulers)? He (saw) replied: "No, as long as they establish salah." The word salah in this hadith is in fact an indication of rule by Islam. ‘Auf ibn Malik narrates (in Muslim), “The Messenger of Allah was asked: Should we not fight them by the sword? He said: No, as long as they establish salah amongst you” In ‘Ubada ibn as-Samit’s hadith, “That we will not wrest power from its possessors until you see clear Kufr of which you have clear proof from Allah.”
9.15 The Laws in the Economic System In Islam
Hizb ut-Tahrir has written a long preface to its book The Economic System of Islam to specifically criticise the economic thought of the Capitalist, Communist and Socialist economic systems. It has explained the wrongs inherent in all these economic thoughts and also explained their contradictions with the thoughts and the laws of the economic system in Islam.
9.15.1 The Economic Policy of Islam
The policy of the economic system in Islam is to guarantee the fulfillment of all basic needs of every person and to enable every individual to satisfy his additional needs as much as possible, given that he lives in an Islamic society which has a special way of life.
Therefore, the laws of Shari’ah contain the fulfilment of man’s basic needs like food, drink and shelter for every person and that is achieved by forcing those capable to work, so that their basic needs and those of their dependants are met. Islam has obliged the father to provide for his dependants, and obliged his inheritor to provide for these needs if the father is unable to do so. If there is no one who is capable to provide for these needs, Bait al-Mal (state treasury) will provide for them. In this way Islam has guaranteed to fulfill the basic needs which every individual requires as a human being.
9.15.2 The Economic Problem in the view of Islam
It is the distribution of capital and services amongst all the people. In other words, it is the distribution of wealth and not the production of wealth.
9.15.3 The Origin of Ownership of Capital
Capital is originally the property of Allah (swt) alone and Allah (swt) has given it to man, and thus man has the right to own it. It is Allah (swt) Who has allowed the individual to own it and through this special permission the individual becomes its real owner. Allah (swt) says, “So give them from the wealth of Allah which He has given you.” [TMQ 24:33].
Here the capital is described as Allah’s. And Allah (swt) says, “So spend from that in which He has made you heirs.” [TMQ 57:7].
Here He (swt) has made people the heirs of capital from Him. He (swt) made them the heirs.
9.15.4 Types of Property
There are three types of property: Individual Property, Public Property and State Property.
It is the permission of the Law-Giver for man to utilise capital, by consumption, use or exchange. Islam has made ownership as a legal right for the individual. Thus he can possess movable property such as cattle, money, automobiles, clothes and immovable property such as land, housing and factories. The Shari’ah has given the possessor the power over what he owns so he can dispose of it. But the Law-Giver has defined the means by which a person can possess and invest capital, as well as the ways to dispose of it.
Means of Ownership
The Law-Giver has defined the means by which man can own and invest his capital. One of these means of ownership is work by all its forms like working for one’s self and for others, cultivating the dead land, hunting and mining, brokering, mudharabah and musaqat. Islam has defined other means of ownership such as inheritance, need of money for one’s life, grants of the State’s property to citizens, and capital acquired without labour and without exchange of property such as the capital from presents, gifts, by will, blood money, dowry and lost property.
Islam also made agriculture, trading and industry as means to invest and earn capital and defined the ways by which a Muslim can invest and earn, as it defined the ways under which a Muslim is prohibited to invest his capital or to take it as a means of earning. So it prohibited the earning and investing of capital by the following ways:
Capitalist Shareholding Companies
The Capitalist shareholding companies are forbidden by Islam and are not allowed because they do not fulfill all the conditions of contract and conditions of correctness given by Shar’a. In shareholding companies the elements of contract that consist of offer and acceptance are not fulfilled because the contract is sealed by one side, that is the shareholder, because by signing to the conditions of a company the person becomes a partner, and simply by buying stocks (shares), he becomes a partner. Therefore, it is considered by the Capitalist people as an individual choice. There are not two parties in a shareholding company, but only one party which runs the company, and there is no offer and acceptance, but offer only, and it does not contain capital and body labour, but rather there is only capital.
The permitted form of a company must be through offer and acceptance, between two parties as in selling or renting and as in similar contracts. It must be between two bodies (persons involved) or between capital and a body, and it is not permitted between capitals only without the body (labour). Therefore the Capitalist shareholding company is not correctly formed because it does not have an essential element of the conditions of contract and therefore is a false contract and is prohibited. Being against the Shari’ah, it is considered of that which Allah (swt) prohibited, because it fails to fulfill the essential conditions that Allah (swt) has laid down for company contracts. Added to that, it goes against what Allah (swt) has warned of, that is not ‘to do against His order’. Allah (swt) has warned, “Those who oppose Allah’s order have to be warned that a calamity may strike them or a painful doom may fall upon them.” [TMQ 24:63].
Islam has also prohibited the earning and investing of capital by means of interest, hoarding, monopoly, gambling, fraud, cheating or by selling wine, pigs, dead meat, crosses, Christmas trees or by means of theft, deceit, robbery, bribery or other unfair means.
The second type of property is the Public Property and it is defined as the commodities which Islam has made the property of Muslims as a whole, and made it common between them, allowing individuals to utilise them, but forbidding them to own them as their own property.
These commodities come under three main subheadings:
(a) Utilities Of The Community: The utilities of the community without which the everyday life of the community cannot properly function, and if it does not have the utility it will disperse. Under this category comes water; the Messenger of Allah (saw) said, “The people are partners in three things: Water, pastures and fire.”
However, the order is not restricted to these three things, it includes everything that is a common need for the whole community. All machinery used for these things is similarly Public Property, like machinery for drawing water for public use, the pipes for transporting water to consumers, and hydro-electric power stations and its pylons and distribution cables.
(b) Public Commodities: Commodities that by their nature naturally cannot be an individual’s property like the seas, rivers, public parks, mosques and public roads. The Messenger of Allah (saw) said, “Whoever reaches Mina first has the right to it.”
This category include trains, transmission poles, water pipes and sewerage drains along the public roads; they cannot be an individual’s property for they belong to the public. The Messenger of Allah (saw) said, “There is no hima (secluded property) except for Allah (swt) and His Messenger.” Therefore there is no hima, except for the State.
(c) Natural Uncounted Minerals: These are the many minerals, which are vast in quantity. They are the property of all Muslims and individual or company possession of these is forbidden. The mining, manufacture, storage or distribution of these minerals is not given to individuals or companies on an exclusive basis. It is necessary that they remain the common property of all Muslims. The State should itself mine them or sub-contract them as the representative of the Muslims, and all revenue should be kept in Bait al-Mal (the State treasury). There is no difference, as regards the law, between the minerals whether they are in open mines like salt and antimony sulphide (mascara) or if they are deeply hidden underground and difficult to mine, like gold, silver, iron, copper, lead, uranium, oil and the like. The Shari’ah reason for this is from the narrative of Abaydh ibn Hammal al-Mazni that he requested the Messenger of Allah (saw) to allot him certain property in Ma’reb, which he (saw) gave to him. When he turned back, the Messenger of Allah (saw) was asked, “O Messenger of Allah, do you know what you have given him? You allotted to him unaccounted water.” The narrator said, “He (saw) took it back from him.”
As regards small amounts of minerals like ornaments of gold or silver, it is allowed for individuals to own them. As an example, the Messenger of Allah (saw) allotted Bilal ibn al-Haris al-Mazni the minerals of Qabaliyh in al-Hijaz. Bilal had asked the Messenger of Allah (saw) to allot it to him and therefore he (saw) did so and made him the owner.
The Way of Utilising Public Property
Since Public Property is a property of all Muslims, common between them, it is a right of every individual to utilise it. If the commodities of this property are such that every person can utilise them directly like water, pasture, fire, public roads, rivers and seas, then he is allowed to do so by himself.
However, if the commodities of Public Property are such that they are not easy for every individual to utilise them directly, like oil and minerals, then it is for the State to mine and collect their revenue in Bait al-Mal and for the Khaleefah to spend from it in ways that are useful to all Muslims, and it is possible that he decides the distribution of the products and revenues in the following manner:
1. It is spent on the running and mining of Public Property commodities, as well as on public buildings, staff, advisors, experts, machinery and factories.
2. It is spent upon the Muslims since they are common owners of the commodities. He can distribute amongst them commodities like water, gas, oil, electricity without charge or he can distribute amongst them money from their revenues according to the situation of Muslims for their general betterment.
3. He can take from it revenue to spend on jihad and what the jihad demands such as ordinance factories, establishing the army and other expenses of Bait al-Mal which are required whether capital is present or not in Bait al-Mal and which Muslims must provide if there is no capital available in Bait al-Mal.
The third type of property is owned by the State; it includes every commodity of land or building which is connected to the right of the public and is not included in the Public Property. So the State Property consists of commodities that are liable to individual possession like land, buildings and moveable things. However, the public has a right to these and therefore their running and control over use is given to the Khaleefah (i.e. to the state) because he has the responsibility to exercise his powers regarding everything that is associated with the right of the public, like deserts, mountains, river banks, dead lands not owned by people, buildings and property which the State has purchased and made possible for living, or has captured from enemies in war like state department buildings, schools, hospitals and the like.
The state has the right to give of its property to individuals, such as lands and buildings, because the Khaleefah can give them to the people on an ownership and utilisation basis, or on the basis of utilisation only, or people can be permitted to cultivate dead land and thus acquire its ownership. Whichever way the State property is used, it is for the good of the Muslims.
Lands have raqabah (neck) and benefits. Its raqabah is its origin and its benefit is through utilisation in agriculture and in other ways. Islam has permitted ownership of the raqabah of the land, as it has allowed the ownership of its benefit and it has laid down laws in both cases.
There are two types of land: ‘Ushri land and Kharaji land.
(a) The ‘Ushri Land: It is the land whose people embraced Islam, such as Indonesia, the land of the Arabian peninsula, and the dead lands cultivated by man. The raqabah and benefit of the ‘Ushri lands can be owned and zakat is taken on the produce of the land, and it is one-tenth of the produce of the land if irrigated by rain, and one-twentieth if it is artificially irrigated.
(b) The Kharaji Land: This is land conquered in war, or by peace treaties, except the Arabian peninsula, such as the land of Iraq, Syria, Egypt and other areas conquered by force. The raqabah of Kharaji land is for Muslims and the State represents them in this ownership. It is allowed for individuals to own the benefit of the Kharaji land. Kharaj is levied on Kharaji land and it is an amount which the State imposes on the land, and zakat is taken from the produce after deduction of Kharaj, if this reaches a certain level.
Everyone is entitled to utilise ‘Ushri land by selling, inheritance and gift as he is entitled to the benefit of Kharaji land through buying or inheritance like any other belonging (capital).
Private ownership of factories is permitted. Factories manufacturing cars, furniture, garments and tinned material etc. can be individually owned. State ownership of factories like ordinance factories, oil extraction and mining enterprises etc. is also permitted.
Factories that produce public commodities can be publicly owned like the factories of iron, steel, copper, gold, silver, oil extraction etc. The ownership of these factories depends upon the material that they produce according to the rule that the factory comes under the law of its produce.
9.15.7 Bait al-Mal
The revenues of Bait al-Mal are:
1. Spoils of war, returns of war, the fifth part.
2. The Kharaj.
3. The jizyah (tax on non-Muslim citizens of the Islamic State).3. Revenue from Public Property, placed in a separate account.
4. Revenue from State Property like land, buildings etc.
5. The tenth part (customs) taken from border lands.
6. A fifth of hidden treasures and small minerals.
7. Zakat, placed in a separate account.
9.15.8 The Necessity of money being in Gold and Silver
The Muslims at the time of the Messenger of Allah (saw) had taken units of gold and silver as the basic monetary currency and used both of them simultaneously. They used the Byzantine dinars and Persian dirhams as their currency and they did not forge their own currency from the time of the Messenger of Allah (saw), until ‘Abdul Malik ibn Marwan came. In his period of leadership ‘Abdul Malik issued special Islamic currency and made it of a special shape and type and patterned on it Islamic patterns. He based it on the unit of gold and the unit of silver with the weight of the Shari’ah dinar and dirham.
Islam enunciated divine laws with respect to gold and silver; it considered them to be gold and silver elements and currency and coins, and the prices for things, or the wages for work, and Islam prohibited their hoarding and attached to them specific, fixed, unchanging laws. It prescribed zakat on them; it considered them to be two forms of money, and the prices for goods and it assigned the nisab (minimum money amount for zakat) in dinars of gold and dirhams of silver. And when Islam imposed diyyah (blood money), it made the payment to be by this currency and prescribed an amount in gold, that is one thousand dinars and an amount in silver, that is twelve thousand dirhams. And when Islam obliged the cutting of a hand for theft, it laid down the amount on which the thief’s hand is to be severed to be one fourth of a dinar of gold, or three dirhams of silver. Similarly, when it laid down rules for exchange in currency matters, it defined them in gold and silver.
The connection of Islam with these Shari’ah rules for gold and silver as two currencies and as means for exchange and as a price for goods is by the agreement of the Messenger of Allah (saw) who made gold and silver alone the standard unit of currency by which the prices of goods and the wages of work are estimated.
This indicates that Islam considers currency as gold and silver, because all the rules which are connected with currency have been connected with gold and silver.
Therefore, it is essential for Muslims to have their currency in gold and silver, and it is the duty of the Khilafah "Caliphate" State to make its currency in gold and silver and to work on the basis of gold and silver as it was during the time of the Messenger of Allah (saw) and his Khulafa’a after him. It is the duty of the State to print dinars and dirhams in a shape and style unique to the Khilafah "Caliphate" State, and to fix the weight of dinars equal to the Shari’ah dinar or 4.25 grams for one dinar, which is the weight of one Miskal, and to fix the weight of one silver dirham equal to one Shari’ah dirham, which is called the weight of seven i.e. every 10 dirhams have the weight of seven Miskal. Therefore the dirham has the weight of 2.975 grams. The basis of gold and silver as currency is the only way to solve currency related economic problems and the high inflation rates that are common in the world, and to produce currency stability for rates of exchange and progress in international trade. Only by taking gold and silver as the standard, can the American control and the control of the dollar as an international currency, be demolished in international trade and world economies. By returning to gold as the basic currency, the dollar will lose its influential status in the world.
9.16 Educational Policy
It is essential that the basis of the educational curriculum should be the Islamic ‘aqeedah and therefore all the subjects of study and the methods of education should be designed such that there are no deviations in education from this basis.
The policy of education is to produce an Islamic mentality and emotions and therefore the subjects of study are to be designed with this in mind.
The purpose of education is to produce the Islamic personality, and to impart to the people knowledge and skills in the matters of life and therefore it is necessary to teach Islamic culture in all the stages of education.
9.17 Thoughts and Rules in Public Relations and Foreign Policy
Politics is the looking after of the affairs of the Ummah and the State, both internally and externally. It is carried out by the State implementing the system upon the people, caring for their affairs and fulfilling their interests at home, and by understanding the international situation, and the politics of the superpowers and those other nations influencing it, and establishing foreign relationships with countries according to the demands of carrying the message (of Islam) to the world through invitation and jihad.
Politics is carried by the Ummah and by the political parties active within it, through accounting the rulers on how they look after the affairs of the Ummah and on their actions and deeds, and by giving them fair advice and by showing interest in the affairs of the Muslims.
9.18 Dar al-Islam and Dar al-Kufr
Dar al-Islam is the land where Islamic Law is implemented in all matters of life and ruling and whose security is maintained in the name of Islam even if its citizens are non-Muslims.
Dar al-Kufr is the land where Kufr laws are implemented in all matters of life and whose security is maintained in the name of Kufr even if all its citizens are Muslims. This is because the criterion of a region being Dar al-Islam or Dar al-Kufr are the laws that are implemented there, and the security by which it is protected, the criterion is not the religion of its citizens. Out of the Muslim countries of today, there is not a single country or state where Islamic laws are exclusively implemented in ruling and life’s affairs; therefore all of them are considered Dar al-Kufr although their citizens are Muslims.
Therefore Islam makes it a duty upon all Muslims to work to change their countries from Dar al-Kufr to Dar al-Islam, and this can be achieved by establishing the Islamic State i.e. the Khilafah "Caliphate", and by electing a Khaleefah and taking a bay’ah on him that he will rule by the Word of Allah (swt) i.e. he will implement Islamic laws in the country where the Khilafah "Caliphate" has been established. Then the Muslims should work with the Khilafah "Caliphate" to combine the rest of the Islamic countries with it, hence the countries will become Dar al-Islam and they will then carry Islam to the world through invitation and jihad.
Jihad is the expending of one’s maximum capability through fighting in the way of Allah (swt) to raise His (swt) Word, to spread the call of Islam directly or with the aid of money or opinion or through mobilising the masses or others. Jihad then is the fighting to raise the Word of Allah (swt) and to spread Islam, and it is a duty which has been established in the Qur’an and Sunnah, because tens of verses and ahadith have confirmed that.
Jihad originally is fard kifayah (a collective duty to be fulfilled by a sufficient number of Muslims) but when the enemy attacks it becomes an individual duty for all Muslims. The meaning that jihad is fard kifayah originally is that we begin fighting the enemy even if he did not start fighting us. If no one from the Muslims begins fighting in any period of time, all Muslims then would have committed a sin by leaving jihad. And therefore jihad is not a defensive war; it is in fact a war to raise the Word of Allah (swt), and it is compulsory originally in order to spread Islam and to carry its message even if the disbelievers did not attack us.
9.20 International Relations
The relationship of the Islamic State with other states should be based upon Islamic laws and would be in the following form:
1. All the countries of the Islamic world are to be considered as if they are one, because Muslims are an Ummah apart, and they should be one unit as one state and one being. Therefore, the relationship with them is not considered within foreign relations with states nor a part of the foreign policy, rather it should be a part of home policy. Therefore the Islamic State does not establish any diplomatic relations or enter into any treaties with them. It is necessary to work to unite them into one state, the State of the Khilafah "Caliphate". The citizens of these countries are not considered foreigners, if their country is Dar al-Islam; they are treated as citizens of the Khilafah "Caliphate". If their region is Dar al-Kufr, they are treated as citizens of Dar al-Kufr.
2. All the other countries of the world, in the East or the West are considered Dar al-Kufr and potentially Dar al-Harb (land of war), and the relationship with them is a part of the foreign policy, and this relationship is defined by the demands of jihad and the interests of Muslims and the Khilafah "Caliphate" State according to the divine law.
3. It is allowed to enter into treaties with these countries, treaties of good neighbourhood, commerce, trade, science, agriculture, and those similar matters allowed by Islam on condition that these treaties are for limited periods and the entrance into these treaties is according to the demands of jihad, and the interests of Muslims and the Khilafah "Caliphate" State.
The relationship with these countries should be according to the text of their treaties. The treaties in commerce and trade should be limited to specific items, a specific period, and under specific conditions which are necessary for Muslims on condition that they do not strengthen those countries. The citizens of those countries can enter the Khilafah "Caliphate" on the basis of an identity card without the need of a passport if the treaty says so, provided similar treatment is offered to Muslims.
4. Countries with which we do not have treaties or pacts include the colonial/imperialist nations like the United States, Britain and France and those countries which have intentions on Muslim lands, like Russia; these nations are considered to be in a potential war (Kafir Harbi Hukman) with the Khilafah "Caliphate". Therefore all precautions must be taken towards them and no diplomatic relations should be established with them, and they should not be allowed to open embassies within the Khilafah "Caliphate". The citizens of these countries are required to have a passport to enter the Khilafah "Caliphate" and permission is required for every visit.
5. The actual warring nations (Kafir Harbi Fi’lan) like Israel, should be considered as states at war with the Khilafah "Caliphate", and as such the basis of all relations are as if war is engaged between us and them, irrespective of the current situation whether one of war or cease-fire. All of such state’s citizens are prohibited to enter Muslim countries and the blood and property of its non-Muslim citizens have no sanctity.
A cease-fire treaty can be entered into with these warring nations only for a specified time. These treaties cannot be for an unlimited time, because this abrogates jihad. However, if any of these nations occupies Islamic lands as Israel has occupied Palestine, then legally no peace can be established with her even if the occupied territory only exceeds a square inch, because she has become an aggressor by this act. Peace with her would mean foregoing a piece of Islamic land and enabling her to control it and Muslims within it, and this is not allowed by Islamic Law. Islam then makes it imperative upon all Muslims to engage her in war and exterminate such a state and free the Muslim lands from her. Allah (swt) says, “And Allah will never make way for the disbelievers upon the believers.” [TMQ 4:141] “And whosoever transgresses on you, transgress on him as he has transgressed on you.” [TMQ 2:194].
6. The Khilafah "Caliphate" State cannot enter into military pacts with other countries. These include mutual defence and mutual security pacts and what is associated with them, like military facilities or provision of military bases, airports and harbours. These pacts are prohibited by Islam and Muslims are prohibited to enter into them with disbeliever countries because it is not permitted for Muslims to fight under a Kafir flag or in the way of disbelief or for a disbelieving country, or that a Kafir be allowed to have influence on Muslims or the land of Islam.
7. To ask for the help of disbeliever nations or their troops is prohibited because the Messenger of Allah (saw) prohibited Muslims from it when he stopped them using the power of the pagans for fighting, as he (saw) said, “Do not fight with the fire of the pagans” and fire here is an indication of power. He (saw) also said, “We do not ask help of a pagan.”
Similarly, to take aid or loans from these countries is prohibited because their loans are with interest which is prohibited because it is riba and because these loans and aid are a means of creating influence for these Kufr countries over Muslims and their lands. All this is prohibited by the Shari’ah principle: “The means to a prohibited thing is prohibited.”
Similarly, Muslims are not allowed to put their cases in the hands of disbelieving nations to solve for them, like they put their issues to the US, Russia, Britain or France for resolution, because to seek help from disbelieving nations and armies and to put our cases into their hands make way for these nations to exercise their influence and control over Muslims, and Allah (swt) has forbidden for disbelievers to have their way over Muslims.
Similarly, it is not permitted for Muslims to enter into international organisations like the United Nations, the World Bank, or the International Bank for Reconstruction and Development, because these organisations are based on foundations contradictory to the laws of Islam and because they are a tool in the hands of the superpowers, particularly the US, which uses them to achieve special interests and as a means to create foreign influence upon Muslims and their lands. This is forbidden by Shari’ah because the means to a prohibited thing is itself prohibited.
Similarly, Muslims are not permitted to enter into regional pacts or organisations like the Arab League and the Organisation of Islamic Conference (OIC) and pacts of mutual defence because they are all established on a basis which contradicts Islam and because they sustain the division of Muslim lands and prevent their unification as one state.