Legislation of Allah is applicable even today

 

Islam's Political System

Al-Khilafah

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

Legislation of Allah is applicable even today

Laws related to organizing Man’s three relationships are not up for debate or discussion

· Man with Creator

· Man with Man

· Man with himself

These laws do not change with time and space. Hence Shariyah is for all times.

Administrative Laws and Implementation details

Khilafah A) Mubah Issues about which Ummah is generally knowledgeable and expert opinion is not needed: Majority opinion of the representatives of the Ummah is binding on the Khaleefah. B) Mubah Issues which needs expertise and insight: After consultations with the experts and people of insight Khaleefah makes the final decision. He is not bound by the majority opinion of the experts rather he would look for the strongest opinion.  For example to deal with water crisis, should the government build four small water dams or just one big dam. The representatives of the Ummah can account him and ask for justification but their majority opinion is not binding.

Democracy A) Mubah Issues about which Ummah is generally knowledgeable: People’s representatives to decide what is good for them.     B) Mubah Issues which needs expertise and insight: The Cabinet makes strategic decisions but the parliament has the right to overrule them by voting against it.

Evidences

Category A:

This view is derived from the Messenger’s adherence to the majority opinion to leave Madinah to confront the Mushrikeen army at the Battle of Uhud, although his opinion and those of senior Sahabah was to stay in Medinah and not to go out. It is also derived from his saying to Abu Bakr and ‘Umar. “Had you agreed together on a consulted matter I would have not disagreed with you.” [Narrated by Ahmed from Ibnu Ghanam bin Al- Ash’ari]

Category B:

On the day of Badr the Messenger of Allah (saaw) consulted an expert of war Habab bin Al-Munthir (ra) in choosing the place of the Battle of Badr. He accepted his opinion and implemented it without even considering consultation with other great Sahaba.

Ruling System: Implications

· The Ummah’s representatives provide positive input that helps smooth running of the state

· Taking majority opinion who are not experts in the issue is senseless. Hence only experts are consulted and final decision rests with the elected Khaleefah

· In Khilafah, matters concerning the well being of the society that requires technical expertise cannot be politicised by political parties by manipulating the ignorance of the common people.

Ruling System: Example of Decision making in Khilafah

Decision making in Autocracy

(dictatorship of an individual)

Decision making in Democracy

(dictatorship of an elite group)

Decision making in Khilafah

Islamic Democracy: The biggest hurdle in implementation of Islam

· No law is enacted even in an “Islamic Democracy” without the consent of the majority.

· Hence Allah’s Hukam becomes law of the land subject to the endorsement of more than 50%.

· Riba is legal in Pakistan even though there is a clear Hukam of Allah just because the legislators in the parliament have not made it Haram. This shows who has the sovereignty in Pakistan’s constitution.

· Voting on a Hukam of Allah to accept or reject it as being the law of the land, is absolutely HARAM. This process gives man the right to say “Yes” or “No” to Allah’s Hukam whilst a Muslims doesn’t have any right to have any say once Allah has legislated a matter.

· 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

Pakistan’s Constitution is a Secular Constitution

· Article 227 of 1973 Constitution of Pakistan which is sited to prove that this Constitution is Islamic, states: “No Law shall be enacted which is repugnant to such injunctions [i.e. Islamic injunctions]“

· Afghanistan and Iraqi constitution, which is drafted by none other than the Americans themselves, have articles very similar to the article quoted above:

o "no law can be contrary to the sacred religion of Islam" (Afghanistan’s Constitution: Article 3)

o "No law that contradicts the established provisions of Islam may be established" (Iraq's Constitution: Section One, Article 2(A) )

· US added these articles to deceive the sincere elements in the legal jargons, knowing fully well that this article will not give rise to Islamic legislation

· The above articles are completely un-Islamic. As all of them allow the parliamentarians to enact laws from other than Qur’an and Sunnah and do not restrict them only to Shari’ sources. Hence it is up to the people to prove whether these are repugnance to Islam or not.

· The correct legal clause should be: "Legislation cannot be taken from any source other than Qur'an, Sunnah, Ijma-e-Sahaba and Qiyas"

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