Process of Legislation

 

Islam's Political System

Al-Khilafah

https://www.slideshare.net/dawah_islam/islams-political-system-alkhilafah

Process of Legislation

Ruling System:

Process of decision making in a household example

1. Should the children Drink alcohol

2. Which Cardiologist should the mother be taken to

3. Where should the family spend the summer vacation

Question # 1: The matter is not up for debate or discussion. Allah has already decreed alcohol to be Haram. Hence it is unlawful for the father to ask family members opinion for allowing or disallowing it

Question # 2: The father can take suggestions from the members of the family who are knowledgeable as Allah has made this matter Mubah for us to chose. Hence the father can take suggestions from his Doctor son or her educated daughter. But he would avoid discussing the matter with his uneducated son or his young child who don’t have substantial knowledge in the issue. After this consultation he reserves the right to make a decision what he feel is good for the family

Question # 3: In this matter the father can have a voting and follow the majority decision. As every member is capable of making this simple decision and Allah has allowed Muslims to chose any halal recreation

Process of decision making in a State

Legislative Decision Making

Khilafah · No one is allowed to legislate except Allah · Allah’s laws are automatically the law of the land. Khaleefah does not have any choice but to implement them nor do they require endorsement by the majority of the representatives to become the law of the land. · The Khaleefah implements Allah’s laws derived only from Qur’an, Sunnah, Ijma asSahaba and Qiyas, through the process of Ijtehad. · The Khaleefah’s personal choice or the whims of the majority of the Majlis-e-Ummah bears no weight in the process of Ijtehad.

Democracy · The people are the origin of the Law · People are led to believe that sovereignty belongs to Allah but actually the will of the majority prevails. · For implementation of Shari’ah, Allah’s laws are to be produced before the representatives in the form of a bill who have the choice to accept or reject. · Hence practically Creator’s laws need approval of the creation to become the law of the land. Hence we hear terminologies such as ‘Shari’ah bill’ etc.

Evidences

1. "Verily, Ruling is only for Allah" [Yusaf: 40]

"The judgment is His, and to Him you shall return." [28:88]

Those who do not judge by what Allah hath revealed, they are the Unbelievers [5:44]

So judge between them by what Allah hath revealed, and follow not their vain desires, diverging from the truth that hath come to thee [5:48]

But no, by the Lord, They can have no (real) Faith, until They make Thee judge In all disputes between them, and find In their souls no resistance against Thy decisions, but Accept them with the fullest conviction. [4:65]

 

It is not fitting for a Believer, men or women, when a matter has been decided by Allah and His Messenger to have any option about their decision [33:36]

2. For those who think that consultation should be on all matters sighting the ayah: " And do consult them in the matter…” [Al-’Imran: 159] we say that duties (Wajibaat), and prohibitions (Muharramaat) and the divine rules explained by the Shar'a and specifically stated by it, have no place for human opinions and there is no scope for consulting about them.

“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],

"And rule between them by that which Allah revealed to you, and do not follow their whims, and beware that they may deviate you away from some of which Allah revealed to you." [TMQ Al-Mai’dah:49],

"And whatever the Messenger brought to you take it, and whatever he forbade you of leave it." [AlHashr:7].

The Messenger of Allah’s (saw) said:

“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. Hence Allah has ordered consultation in matters which are Mubah not in legislative matters. Democratic process of legislation which is based on majority votes of the representatives, is a kufr concept, completely alien to Islam.

In Khilafah majority is not always authority

Ruling System:

1. Consultation is the right of the Ummah and Allah has recommended the ruler that he consults the people in running the affairs of the State. But consultation (Shura) deosn’t mean that its majority opinion has to be binding on the Khaleefah. The Ayah which encourages Shura (consultation) gives the final verdict to the Messenger i.e. the ruler of the state.

And consult them In affairs, then, when you have taken a decision put Thy trust In Allah (Al-Imran: 159)

2. The Messenger of Allah (saaw) rejected the overwhelming majority of the Sahabah on the day of Hudaibiya and accepted the truce with Quresh saying: "I am Allah’s servant and His Messenger, I shall not go against His commandment and He will not make me the loser.”

This shows that when it comes to Hukam of Allah swt, majority has no bearing. So Allah’s laws do not need majority endorsement to become the law of the land.

3. Abu Bakr (ra) fought the apostates as well as those who refused to pay Zakah and sent Osama (ra) army to fight the Romans all at the same time, rejecting the unanimous opinion of the Sahaba who opposed taking all these expeditions at once. This shows that the majority opinion of the Sahabah was not binding on the Khaleefah i.e. Abu Bakr (ra) and he implemented his opinion rejecting the majority.

4. Similar situation was seen when Omar (ra) implemented his opinion of levying Kharaj on the lands of Iraq rejecting Bilal (ra) and the opinion of a number of Sahabah.

Implications

· Since the Khaleefah doesn’t have any legislative powers he cannot be black mailed or pressurized to make laws by the Majlis-e-Ummah, lobbies or masses.

· PM could be dictated by pressure groups, multinational Comps., IMF, WB. PM will be under pressure from people’s desires, not from Allah’s Ahkam.

· Man made laws will always have a bias towards the interests of the legislators or the interest of their colonial masters.

· In democracy people’s taxes and lives are used to secure the interests of the corrupted elite, as was done by the oil lobby in the Iraq and Afghanistan wars.

· Only divine laws give justice to all.

· Hence Democracy is the “Dictatorship of the Elite.”

· Rule of Law only possible in the Khilafah

Source: islams political system al khilafah
to be continued . . . .