- The Khilafah existed in some shape or form for thirteen hundred years until 1924 when the militant secular fundamentalist and ultra nationalist Mustafa Kamal abolished the system of government.
- At its best, for centuries the Khilafah was the golden age of Islamic civilisation where technology flourished and also where the amicable community relations between people of all backgrounds and faiths existed. In praise of Islamic civilization - Speech by Carly Fiorina, ex CEO of Hewlett-Packard.
- At its worst despite bad implementation and the resultant problems it was still better than any of the current oppressive colonial rule for the past 80 years.
- Some features of the Khilafah system, all proved by legal evidences from the Quran, Sunnah, Ijma Sahabah and Qiyas are:
HEAD OF STATE
- The Khaleef is the head of state. He has the general leadership of the state.
- The citizens of the Khilafah state have the sole right to appoint the Khaleef. He can be appointed by a direct general election where all the Muslims will vote for him or through the elected members of the ‘Peoples Assembly’ (Majlis al Ummah).
- The state is administratively split into Wilayat [provinces] locally governed by a Wali. In addition the Khaleef has assistants [Muawin], and a comprehensive administrative service.
THE LAW
- He extracts the laws of the state from the Shariah rules alone. A detailed constitution is available for the people to understand the rights which they are owed and by which they can hold to account the Khalif.
ACCOUNTABILITY
- A permanent court called the Makhamat al Mazalim (the court of Unjust acts) is perpetually looking and scrutinising the actions of the rulers of the State, as well as being accessible by the citizens to file cases against the rulers. It has the authority to remove the Khaleef or any ruler, should he violate his contract (bayah) of appointment. The judges are known as the Qadi Madhalim (the judge of unjust acts).
- He can also be accounted by individuals, political groups, scholars, and an elected people’s assembly.
CITIZENS RIGHTS
-The state is obliged to provide basic needs for all citizens who cannot afford: food, clothing and shelter for all Citizens Muslim or non Muslim.
-In addition the state is obliged to provide education for all citizens - male and female.
- The purpose of the Shariah rules is to protect mind, property, beliefs, honour and life for all citizens – the maqasid
- Spying on citizens and torture are absolutely prohibited. The state is not a police state.
- The Khilafah State is not totalitarian in nature. The Shariah confines the state’s remit to managing the affairs of society and achieving the goals of the Islamic state. The Khaleef therefore cannot adopt law nor interfere in the individual affairs of the citizen whether related to matters such as the number of children, family contraception etc.
- There is an elected people’s assembly – the Majlis al Ummah – that is a consultative body, as well as having an accounting role and an electoral role.
- The Khilafah state is not afraid to develop or adopt technology or culture provided that it is not specifically linked to beliefs that contradict Islam.
JUDICIAL PROCESS
- The judiciary cannot be influenced by the rulers while investigating a case. Any accusation of criminal offence needs to be investigated and proved, often with a much higher burden of proof than in democratic states. Punishments in Islam are very variable – some more lenient than that in the modern day. However, the hudood punishments for a small number of offences are prohibitively harsh, deterring people from committing these offences.
- Any accusation of criminal offence needs to be investigated and proved, often with a much higher burden of proof than in democratic states. The states judiciary is sophisticated that it deals with the varying types of crimes that can exist.
FOR A COMPREHENSIVE DESCRIPTION OF THIS RULING SYSTEM SEE 'THE RULING SYSTEM OF ISLAM' by Taqiuddin Nabhani and 'A DRAFT CONSTITUTION OF THE ISLAMIC STATE' by Hizb ut-Tahrir
Source: KCom Journal