On February 16th, the media reported that the provincial government of North Western Frontier Province (NWFP) in Pakistan proposed the establishment of shariah in the Malakand area – one of its districts, which includes Swat valley. The deal was taken to Sufi Muhammed, the founder of the Muslim organization Tehreek Nafaz Shariat Mohammadi (TNSM). He then convinced his son in-law Maulana Fazullah, the current leader of TNSM, to go ahead with the deal. The New York Times reported that on March 4th the agreement was signed by both parties. However, the International News reported that President Zardari has yet to sign the agreement.
Same Story Spun Differently
The proposal to officially implement shariah in NWFP is not something new. In January 1999, the BBC reported that the Nizam-i-Adal Regulation would be established making Islamic law the supreme law in the Malakand district. However, a decade later this Regulation remains unimplemented.
Furthermore, the proposed implementation of shariah is merely a cosmetic change to the current legal system. Imtiaz Gul, a local journalist stated that, "Professional judges would head the courts and their title simply would be different -- like the Qasi. However, they would have the assistance of religious scholars from the local area for consultation. And that would mean they are taking a decision in consultation with the community, the local religious leaders.” In other words, these “Islamic courts” would continue to be staffed by secular judges instead of mujtahideen (i.e. Islamic scholars capable of making ijtihad). Merely, changing the title of the judges does not change their way of thinking!
What is Shariah?
It is quite common for the popular press to use terms such as “shariah” in ignorant ways by applying it to incorrect contexts such as the current proposal in Pakistan. For example, the media confines “shariah” to the Islamic penal code or to limited aspects of the social system. However, shariah is much more than this.
The hukm shari’ (divine law) can be defined as: The speech of the legislator Allah (swt), related to the actions of the people. Allah (swt) has revealed the hukm shari’ in a way that is comprehensive, detailed and perfect. Allah (swt) revealed:
“We revealed the Book to you in explanation of every thing, and as guidance, mercy, and good tidings to those who believe.” [TMQ 16:89]
Thus, the hukm shari’ cannot be restricted to one aspect of Islam as it encompasses all of our actions whether they be actions related to oneself, between the individual and the Creator or between the individual and other members of society. It is imperative for us to be aware that Islam has specific rulings in political governance, economics, judicial affairs, education and more. A few of the details of some of these systems are discussed below.
Submission to Allah (swt), Allah (swt) has made it obligatory on the Muslim Ummah to rule by those laws which He has revealed:
“And rule between them by all that which Allah revealed to you, and do not follow their vain desires away from the truth which came to you.” [TMQ 5:48]
The Khilafah is that authority which implements Islam completely and exclusively. Hence, it is necessary for Muslims to have one Khaleefah, who is the ruler of the Khilafah State responsible for implementing all the laws of Islam. The establishment of the Khilafah State is obligatory (fard), and to neglect its implementation is a great sin. RasulAllah (saw) ordered the Muslims to establish the bay’ah (pledge of allegiance) to a Khaleefah, describing the death without it as the worst of all deaths:
“Whosoever dies without the bay’ah on his neck dies the death of Jahilliyah.” [Muslim]
Islam has given the Ummah the right to choose a Khaleefah to look after its affairs. No coercion of any kind is allowed when the Ummah elects a Khaleefah through the bay’ah.
In the Khilafah, sovereignty belongs to the shariah of Allah (swt), not human-beings. Hence, in the Khilafah both the Khaleefah and the Ummah are bound by the rulings of Islam.
The Khaleefah is not allowed to implement any law that does not emanate from the Quran and Sunnah. Allah (swt) revealed:
"And whoever did not judge by what Allah revealed, those are they that are the disbelievers.” [TMQ 5:44]...“...oppressors.” [TMQ 5:45]....“... transgressors." [TMQ 5:47]
Enabling Citizens to Share in the Wealth
Poverty and deprivation can only be alleviated by fulfilling each citizen’s basic needs while providing each citizen a fair chance to acquire wealth through the complete implementation of Islam. It is the responsibility of the Khilafah state to provide for the basic needs of every citizen of the state. The Prophet (saw) said,
"The Son of Adam has no better right than that he would have a house wherein he may live, a piece of clothing whereby he may hide his nakedness and a piece of bread and some water." [Tirmidhi]
Today, the rulers in the Muslim world continue to mimic the West and focus on stimulating production, while turning a blind eye to how this wealth is distributed within society. Over time, the benefits of economic growth are captured by the powerful elite via their strength. This results in the majority of society suffering from endemic poverty. Islam, in contrast, makes it an obligation on the Khaleefah to ensure that there is a fair distribution of wealth. Allah (swt) revealed:
“It is so that it does not circulate solely among the wealthy from amongst you.” [TMQ 59:7]
Islam has unique and specific laws regarding energy, taxation, investment, currency, agriculture and industry, which enable individuals to take their share, without depriving others.
The System of Justice from Allah (swt) is a Mercy
In Islam, Allah (swt) is the sole Sovereign. As a result in the Khilafah there is a single judicial court system (i.e. no separation between “civil” and “shariah” courts) that defines crimes solely by what is in the Divine texts – and no other source. It is on this unique basis that judges implement justice to the public.
In Islam, a suspect is considered innocent until proven guilty. Torture is not allowed in the Islamic State for any reason regardless of the crime. It is the duty of the plaintiff or the security departments to prove that the suspect is guilty, or the case will be immediately dismissed.
No one is above the law, even if one is a governor, ruler, or judge. The Qadi Mudhalim of the Court of Unjust Acts can hear cases against all rulers for any policy they implement. And the Qadi Mudhalim has the right to punish or dismiss any government official – even the Khaleefah.
Setting World Standards in Education
In the Muslim countries of today, there is a two-tier education system – one for the elite and one for the masses. In contrast, education in the Khilafah will be of a world leading standard for all citizens, regardless of belief, school of thought, gender or race.
RasulAllah (saw) highlighted to us the importance of teaching when he made teaching ten Muslim children the ransom of the prisoners of war captured during the battle of Badr. It is an obligation upon the State to teach all citizens everything necessary for daily life. Allah (swt) revealed:
“Oh you who believe! Protect yourselves and your families from the fire, whose fuel is people and stones.” [TMQ 66:6]
The Khilafah state will ensure that there is free education at a primary and secondary level for all of its citizens. In addition, the Khilafah state will provide free higher education to the best of its ability.
The Khilafah state will establish an education curriculum that ensures Islam is the sole basis for the beliefs, values, and concepts taught to Muslim children. The syllabi and methods of teaching are designed to prevent a departure from this basis. All public and private schools must ensure that their syllabi and methods of teaching conform to this curriculum.
Not Even an Inch
As the Ummah continues to live under the oppression of occupying forces or tyrannical rulers loyal to the West, it may be tempting to accept concessions that have been brought to the negotiating table. Some may accept to implement only a small portion of Islam and hope the complete resumption would occur at a later date. However, such an approach is not consistent with the example of the Prophet (saw). RasulAllah (saw) never compromised even in the slightest manner. While the Prophet (saw) was calling to Islam in Makkah, 'Uyaynah Ibn Hisn al-Fazari - a man from the elite approached the Prophet (saw) and requested that he accommodate the nobility of Quraysh by segregating their gatherings from the poor believers. Allah (swt) revealed:
“And turn not away those who invoke their Lord, morning and afternoon seeking His Face. You are accountable for them in nothing, and they are accountable for you in nothing, that you may turn them away and thus become of the Zalimun (unjust).” [TMQ 6:52]
Based on this, Allah (swt) clearly made it haram for RasulAllah (saw) to compromise in the matter of segregating the gatherings. Therefore, it is certainly haram to compromise on other issues, such as the implementation of Islam and the re-establishment of Khilafah. Allah (swt) revealed:
“Then do you believe in a part of the Scripture and reject the rest? Then what is the recompense of those who do so among you, except disgrace in the life of this world, and on the Day of Resurrection they shall be consigned to the most grievous torment. And Allah is not unaware of what you do.” [TMQ 2:85]
We as an Ummah must accept the responsibility to resume the Islamic way of life in its entirety by re-establishing the Khilafah Rashidah in the Muslim lands according to the method of RasulAllah (saw). Only then will the shariah be implemented comprehensively.
May Allah (swt) allow us to stand firm for His Deen.
“You are the best of peoples ever raised up for mankind; you enjoin Al-Ma'ruf and forbid Al-Munkar, and you believe in Allah.” TMQ 3:110]
Source: The Politically Aware Muslim
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