The Institutions of State in the Khilafah

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The Institutions of State in the Khilafah (In Ruling and Administration)

This book is issued and adopted by Hizb ut-Tahrir. For authentic meanings please refer to Arabic text.

In this book we wish to present a clear understanding of the practical implementation of the ruling and administrative organisations of the Khilafah state. More importantly, through this clarity we hope to uplift the hearts of the Muslims, so that they can visualise what the Khilafah state will be and strive towards it.

Our motivation in writing this book is the fact that the present ruling systems in the world are not consistent with the ruling system of Islam in terms of their structures and their bases. It is clear to all Muslims that these ruling systems are not derived from the book of Allah, the Sunnah of His Messenger and the other sources of Islamic law that are referred to by them. There is no disagreement amongst Muslims that these systems contradict the system of Islam.

What causes confusion is whether the shape of the ruling system in Islam, in terms of its institutions, is similar to the ruling systems currently being implemented. Therefore they accept the existence of ministers and ministerial institutions that operate in a similar manner to those existent in foreign manmade ruling systems. This book concentrates on the structure and institutions of the Khilafah state, so as to make the shape of the ruling system clear in the minds of Muslims before its return, Insha'Allah.

Contents

Forward

Introduction

The Instutions of State in the Khilafah (in ruling and administration)

The Khalifah
o The title
o Conditions of the Khalifah
o Necessary conditions
o Preferred conditions
o The method of appointing the Khalifah
o Practical measures taken for the Khalifah's appointment and bay'ah
o The provisional Khalifah
o The nominees' shortlist
o The method of bay'ah
o The Khilafah's unity
o The Khalifah's mandatory powers
o The Khalifah is restricted to the Shari'ah rules regarding adoption (enacting
of laws)
o The Khilafah state is a human not a theological state
o The time term of the Khalifah
o The dismissal of the Khalifah
o The time limit for the appointment of a Khalifah
The delegated assistants (mu'awin al-tafwid)
o The conditions of the delegated assistants
o The mandatory powers of the delegated assistants
o The appointment and dismissal of the delegated assistants
The executive assistants (mu'awin al-tanfidh)

The governors (wulah)
o Examining the activities of the governors

Jihad
o Firstly: The army
o Secondly: The internal security
o Thirdly: The industry
o Fourthly: The international relations
o Fifthly: Amir of Jihad - War department (The army)
o The army divisions
o The Khalifah is the army's leader
o Sixthly: The Internal Security
o Seventhly: The Foreign Affairs
o Eighthly: The Industry

The Judiciaryo The types of judges
o The conditions of the judges
o The appointment of the judges
o The judges' means of living
o The formations of the tribunals
o Al-muhtasib
o The mandatory powers of al-muhtasib
o The Judge of al-Mazalim (grievances)
o The appointment and dismissal of the judges of al-Mazalim
o The mandatory powers of the judges of al-Mazalim
o The contracts, transactions and court verdicts before the establishment of the Khilafah

The administration system (the people's affairs)
o The administrative system is a style of management not ruling
o The policy of affairs management
o Those who are eligible to be civil servants

Bayt al-mal (the state treasury)

I'lam (the information)
o The authorization of forms of media
o The information policy of the state

The Ummah's council (shura and Accounting)
o The right of shura
o The duty of taking to task
o The election of the members of the Ummah's council
o The method of electing members of the Ummah's council
o The membership in the Ummah's council
o The term of membership in the Ummah's council
o The mandatory powers of the Ummah's council
o The right of expression and voicing an opinion without impediment

The Flags and Banners

The Anthem of the Khilafah State