Does the absence of Khilafah allows us to seek judgment from the Kuffār?
22-02-2008
الحمد لله العلي المتعال ذي القدرة و الجلال و الصلاة
و السلام على النبي الضحوك القتال
It is from the known necessities of the religion that we cannot be Muslims
unless we, in all our disputes, be it big or small raise it Qurān and Sunnah,
and unless we make our judge the Islāmic Shrī’ah which is based on Qurān and
Sunnah, for Allāh تعالى said:
فَلاَ وَرَبِّكَ لاَ يُؤْمِنُونَ حَتَّىَ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ
ثُمَّ لاَ يَجِدُواْ فِي أَنفُسِهِمْ حَرَجاً مِّمَّا قَضَيْتَ وَيُسَلِّمُواْ
تَسْلِيماً
But no, by your Lord, they can have no Faith, until they make you (O Muhammad
SAW) judge in all disputes between them, and find in themselves no resistance
against your decisions, and accept (them) with full submission.
And:
يا أيها الذين آمنوا أطيعوا الله وأطيعوا الرسول وأولي الأمر منكم فإن تنازعتم في
شيء فردوه إلى الله والرسول إن كنتم تؤمنون بالله واليوم الآخر ذلك خير وأحسن
تأويلا
O ye who believe! Obey Allah, and obey the Messenger, and those charged with
authority among you. If ye differ in anything among yourselves, refer it to
Allah and His Messenger, if ye do believe in Allah and the Last Day: That is
best, and most suitable for final determination.
See how Allāh made the referring of Allāh and His messenger in each dispute to
be a condition for the validity of faith.
And as for the all the judgments which are not from Islām are termed as thus:
أفحكم الجاهلية يبغون ومن أحسن من الله حكما لقوم يوقنون
Do they then seek after a judgment of (the days of) ignorance? But who, for a
people whose faith is assured, can give better judgment than Allah?
So each and every rule which is not of Islām is termed as a one who seeks the
rule of Jāhiliyyah (Pre Ignorance).
And from the proofs which is decisive in the obligation of referring the Islāmic
Laws as the only law and not to go to any other law, judge which is not of Islām,
and which is clear in indication of the disbelief in the one who does so is this
verse:
أَلَمْ تَرَ إِلَى الَّذِينَ يَزْعُمُونَ أَنَّهُمْ آمَنُواْ بِمَا أُنزِلَ إِلَيْكَ
وَمَا أُنزِلَ مِن قَبْلِكَ يُرِيدُونَ أَن يَتَحَاكَمُواْ إِلَى الطَّاغُوتِ وَقَدْ
أُمِرُواْ أَن يَكْفُرُواْ بِهِ وَيُرِيدُ الشَّيْطَانُ أَن يُضِلَّهُمْ ضَلاَلاً
بَعِيداً
Have you not seen those who falsely assume that they believe in that which
has been sent down to you, and that which was sent down before you, and they
wish to go for judgement (in their disputes) to the Tāghūt (One who changes the
law of Allāh or rules with other than what Allāh has revealed or claims to see
the unseen or is content to be worshipped or the caller to the worship of others
besides Allāh and in short what is worshipped besides Allāh with its content.)
while they have been ordered to reject them. But Shaitan (Satan) wishes to lead
them far astray.
See how Allāh declared their faith as a claim and a false thought for going to
seek judgment from the Tāghūts.
So it is an obligation upon the Islāmic societies which live within the lands of
kufr or within the lands of apostasy, to build the system of Islām within them,
as to appoint one of them as a judge or selected people as judges to whom they
would refer in any dispute, and these must be carefully designed and seriously
taken. As the people who judge must be people who are fit for that, thus the
most knowledgeable must be given preference and in the absence of such a person,
then the next from the people of knowledge must take this obligation until the
most knowledgeable from the Muqallidīn (blind followers) must be appointed to do
that, and the list goes on. But it is not allowed in any case that the Muslims
neglect this obligation as it is tied as a condition with īmān (faith), as upon
referring to tawāghīt (as it is wide spread in the lands where Muslims nowadays
live from the lands of kufr and apostasy) they will leave the fold of Islām.
In reality the absence of a khilāfah (which is in itself another obligation [fardh
kifāyah] now which is a fardh ‘ayn [individual obligation] now for us to
establish) doesn’t allow us to go to the courts of kuffār or apostates to seek
judgment as it is clear kufr to do so. So its absence is in no means an excuse
for us to commit kufr. And neither is its absence an excuse for us to leave to
rule by with what Allāh has revealed or to delay the ‘Hudūd with what Allāh has
commanded with, but rather it is an obligation upon us to establish it, not as
the people think that as now there is no khilāfah, we can go to the kufr courts
or leave establishing the Sharī’ah.
So in the absence of khilāfah, it is a must for all (if not the people of
authority within the Muslims neglect it) to strive for its implementation, all
in according to their capabilities, from advising to forcing with power and
arms. But there are matters which cannot be delayed even till the establishment
of a state, and from it is the matter mentioned above. As the obligation of this
action is not tied with that the whole Ummah agree upon it, it is a must that
the communities – while they strive to establish a state upon khilāfah – that
they select within them judges to whom people can raise disputes and the
decisions can be carried out. But this must be in the community level where
there are people of understanding and knowledge, NOT one establish the
punishments and laws upon anyone as they wish, but rather under a group
leadership.
Like Jihād, for it to be carried out, the availability of a khālīfah is a must,
in offensive Jihād, and also in defensive jihād, though when the enemies invade
and they have not gotten a chance to elect a khalīfah or they do not have a
state or they could not be under a khalīfah, then in such a situation, they must
defend with what they have be there a khalīfah or not, while in the same time
striving to establish it (khilāfah, khalīfah). As it is not allowed to be
divided under Amīrs, except due to necessity to fulfill an obligation like jihād
and khilāfah. So in such a state when there is no khalīfah, no one would deny
doing what they can from defending themselves under the leadership of temporary
Amīrs. And specially when the matter of taken judgment and seeking judgment is
related to the validity of Faith, it cannot be delayed, but rather the
communities must, as mentioned above elect within themselves leaders and judges
who will judge with what Allāh has revealed and who can be referred to in times
of dispute.
And in the current times, it is known that this system can be to those people
who out of fear of Allāh come to seek it, and in this weakness we cannot go and
seek and punish, but in this time of strangeness it is for those who seek this
system so that their faith would not be lost by going to the tawāghīt. Like the
days of pre ignorance when the Muslims were living within the hearts of the
lands of kufr, they would not worship Allāh as to prostate to him and then go to
Dār Nadwah (place where the Makkah chiefs get together to discuss their matters)
when there is a dispute with them, but rather the one to whom they refer to is
the Messenger of Allāh صلى الله عليه وسلم , and this is also from the reasons
the Qureish fought so severely with the Muslims as they saw that their power is
being slipped away from their hands to a system which is much better. So we when
we live after the Sharī’ah is complete, how can it be possible for us to
prostate to Allāh in prayer and prostate to the statue of liberty when in matter
of dispute?
One can dispute that the Prophet صلى الله عليه وسلم did not implement the
punishment in Makkah?
Well, they did establish what was revealed to them. And they did practice and
preach it, like the practice of burying the daughters alive was abolished by the
Muslims and they called for this. This action states some points:
<!--[if !supportLists]-->· <!--[endif]-->The kufr state did not condemn such
actions.
<!--[if !supportLists]-->· <!--[endif]-->The kufr state let the criminal of such
actions to go without punishment, rather it was a law which was followed to
uphold dignity.
<!--[if !supportLists]-->· <!--[endif]-->They allowed these types of injustice.
But Islām even in its beginning condemned such acts and went against the law of
the Kuffār and followed what Allāh has revealed. So they followed what was
revealed for them.
So the weakness of Muslims cannot be taken as excuse to leave what Allāh has
revealed, As the Muslims in Makkah held to what was harder risking their lives
while they were very weak. So there is nothing in any mean which indicates that
they left what was revealed for them till a state was established? And in each
time when the Muslims lose their state was it allowed for them to go to the
court of Abū Jahal to seek judgment?
The establishment of this system has not been connected with the availability of
a state and there is no condition in the Book of Allāh or in the Sunnah which
indicates this, and neither has it been made a condition that a khalīfah must be
present to establish it. But rather it must be established even with the absence
of a khilāfah while striving to establish a khilāfah, thus all these will go
under the watch of it, as it is connected to the validity of Faith.
As for the people who out of will run to the courts of kufr to seek judgment,
then the above verses are enough to indicate his kufr, and adding to the above
verses:
وَيَقُولُونَ آمَنَّا بِاللَّهِ وَبِالرَّسُولِ وَأَطَعْنَا ثُمَّ يَتَوَلَّى
فَرِيقٌ مِّنْهُم مِّن بَعْدِ ذَلِكَ وَمَا أُوْلَئِكَ بِالْمُؤْمِنِينَ
They say: “We have believed in Allah and in the Messenger (Muhammad SAW), and
we obey,” then a party of them turn away thereafter, such are not believers.
وَإِذَا دُعُوا إِلَى اللَّهِ وَرَسُولِهِ لِيَحْكُمَ بَيْنَهُمْ إِذَا فَرِيقٌ
مِّنْهُم مُّعْرِضُونَ
And when they are called to Allah (i.e. His Words, the Quran) and His
Messenger (SAW), to judge between them, lo! a party of them refuse (to come) and
turn away.
وَإِن يَكُن لَّهُمُ الْحَقُّ يَأْتُوا إِلَيْهِ مُذْعِنِينَ
But if the right is with them, they come to him willingly with submission.
أَفِي قُلُوبِهِم مَّرَضٌ أَمِ ارْتَابُوا أَمْ يَخَافُونَ أَن يَحِيفَ اللَّهُ
عَلَيْهِمْ وَرَسُولُهُ بَلْ أُوْلَئِكَ هُمُ الظَّالِمُونَ
Is there a disease in their hearts? Or do they doubt or fear lest Allah and
His Messenger (SAW) should wrong them in judgement. Nay, it is they themselves
who are the Zalimun (polytheists, hypocrites and wrong-doers, etc.).
إِنَّمَا كَانَ قَوْلَ الْمُؤْمِنِينَ إِذَا دُعُوا إِلَى اللَّهِ وَرَسُولِهِ
لِيَحْكُمَ بَيْنَهُمْ أَن يَقُولُوا سَمِعْنَا وَأَطَعْنَا وَأُوْلَئِكَ هُمُ
الْمُفْلِحُونَ
The only saying of the faithful believers, when they are called to Allah (His
Words, the Quran) and His Messenger (SAW), to judge between them, is that they
say: “We hear and we obey.” And such are the prosperous ones (who will live
forever in Paradise).
AS to conclude; this is a mere advice from a very insignificant voice as what
can we do to be judged with Islām, as the incapability of doing something
doesn’t lead to leaving a matter in total if it is not made a condition for its
fulfillment. This was not a detailed account how it can be done, but rather to
wake the Muslims to let them know that it must be done, as it is related to
faith.
Sayyid
And All the Praise be to Allāh
Submitted by a Mujahid