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The Only Legitimate Political System in Islam is Shari’ah Under One Leader by: Zayd Mustansir

 
     
 

The New World Secular Satanic Order in its military and mind-control war against the public in general and Islam and Muslims in particular, is now busy turning its tools of media, education and repeated governmental statements to propaget the falsehood that Islam is not a comprehensive way of life. The secular global tyranny of the satanic elite is served by this because it means the people see no alternative and no solution to current global ‘managed’ chaos.

The secular elite has seen that their tyrannical and murderous actions in the Muslim world over the past decades (not to mention the centuries) has resulted in an awakening in the Muslim world concerning the reality of Islam that was cleverly eliminated from the lives and minds of the Muslim masses by a range of overt and covert schemes. This resulted in the demise of the Islamic civilisation and the eventual destruction of the Islamic system of government, finally resulting in the dismantling of the Uthmaani Sultaneeyah [The Ottoman Political Authority, Successor of the Abbassid Caliphate <khilaafah>] in 1924, at the hands of apostate traitor Kemal Attaturk and his Masonic and Nationalistic accomplices inspired by the British and Zionist elite Masonic circles and banking oligarchy. Since this time the Muslim world hasd experienced invasion after invasion from Europe and the U.S.A., the massacring of millions of Muslims, the theft of Muslim resources, the establishment of tyrannical regimes acting as caretakers for modern Crusader-Zionist elites who demand the suppression of Islam and the tight control of Muslim populations, the division of the Muslim world into secular nation states and the indoctrination of the Muslim world with a corrupt and destructive secularism which only serves the interests of enemies of the Muslim world. The oligarchy of evil maintains this situation by the constant parading of false representatives of the Muslim world and sell-out scholars who declare that Islam is a religion of submission to oppression and has no system of its own and political reality accept supporting the ruling system of its invaders and oppressors. This of course can only be maintained when there is no reference to the sources of Islam the Quran and the recorded example and sayings of the prophet (saw), known collectively as the sunnah. Any minor observation of these sources which are manifestly binding upon a Muslim reveals very clearly that Islam has its own unique laws and political system, whereby one leader organises the worldly and religious affairs of the Muslims in accordance with the Divine Law [Ahkaam Shara’eeyah]. Not only is this system of Islamic governance clear from the revealed texts of Islam but is also clear from the statements and actions of the early generations of Islam, the classical Islamic scholars and basically the whole of Islamic history, minus the greater part of the last century, where the accumulated effect of Muslim neglect and external plotting reached its climax.  For those who have no access to the Quran, books of hadeeth (which contain the sunnah), the biographies of the early Muslim communities, Islamic history and classical books of Islamic law, we provide below some of the clear proofs of this system, which in fact even American and European scholarship has studied and described much (although it now schizophrenically denies). This system in the Islamic texts and among the classical Islamic scholars has many names and descriptions such as Khilaafah, Imaamah, Imaarah A’mmah, Wilaayah, Raa’eeyah, Sultaneeyah etc. Each of them alluding to a different element of its reality, all of these terms implying the continuous collective obligation upon the Muslims to implement only the laws of Allah organised by one leader, rejecting other man-made laws and systems. Note, the rejection of this reality is declared by the Quran and the whole of classical Islamic scholarship to be manifest apostasy and disbelief.

The evidence that makes clear the Islamic system of Shari’ah under one Imaam is the only system are of many types including:-

  • Ayaat that made man-made legislation shirk
  • Ayaat that made that commanded ruling by the Laws of Allah and those ayaat that made other than the laws of Allah kufr
  • Ayaat that commanded listening and obeying to authority in accordance with the Shari’ah
  • The bayah of obedience to the Prophet (saw)
  • The commands of the Prophet (saw) to give baya’h to the khaleefah/Imaam
  • The commands of the Prophet (saw) to obey those in authority as long as they obey they command with shari’ah
  • The actions of the sahaabah in appointing khulafaa’ and their ijma on that system
  • The ahadeeth of information which approved the situation of future conditions of the ummah in which they enjoyed the just rule of right acting khulafaa’
  • Those ahadeeth which praised khulafaa’ raashideen approving of their actions due to their adherence to the shari’ah and prophetic system of governance
  • All ayaat and ahadeeth that command unity of the Muslim ummah indicating the unitary source of legislation and the singular leadership

 

Some Evidence from the Quran

“But no by your Lord, they can have no imaan until they set you  (O Muhammad) as judge in any disputes that arise among them and then find in themselves no resistance against your decisions but accept them with full submission.” (an Nisa 4:65)

“…Verily, His, is all creation and commandment…” (al A’raaf 7:54)

“Is not Allah the Best of Judges” (at Teen 95:8)

"...and He is the Khayrul Haakimeen [Best of Legislators]" (al A'raaf 7:87)

“Or have they taken awliyaa besides Him? But Allah He alone is the Wali. And it is He who gives life to the dead, and He is able to do all things. And in whatsoever you differ, the judgement of it is with Allah (fahukmuhu ilallah). Such is Allah my Lord in whom I put my trust, and to Him I turn in all of my affairs and in repentance.” (ash Shoorah 42:9-10)

"Shall I seek other than Allah for Judge [hakaman], when He it is who hath revealed unto you (this) Scripture, fully explained? Those unto whom We gave the Scripture (aforetime) know that it is revealed from thy Lord in truth. So be not thou (O Muhammad) of the waverers." (al Ana'm 6:114)

"Follow [tabi'oo] what has been sent down unto you from your Lord and follow not any awliyaa' besides Him. Little do you remember" (al A'raaf 7:3)

"Eat not of that on which the Name of Allah has not been pronounced for indeed it is fisq. And certainly the shayaateen do inspire their awliyaa’ to dispute with you and if you obeyed them you would indeed be mushrikoon" (al Ana'm 6:121)

“You do not worship besides Him but only names  which you have named, you and your forefathers, for which Allah has sent down no authority (sultaan). The rule is for none but Allah. He has commanded that you worship none but Him, that is the Straight Deen but most men know not.” (Yusuf 12:40)

“…Verily the Hukm [law] is for none but Allah. In Him I put my trust and let all those that trust put their trust in Him.” (Yoosuf 12:67)

“…Verily the Hukm [law] is for none but Allah, He declares the Truth and He is Khayrul Faasileen [Best of Judges].” (al Ana’m 6:57)
“…Surely for Him is the Hukm [Judgement] and He is Asrau’l Haasibeen [Swiftest in Taking Account].” (al Ana’m 6:62)

“And thus have We sent it down to be a judgement of authority in Arabic. Were you to follow their desires after the knowledge which has come to you then you will not have any Wali [protector] or Waaq [defender] against Allah” (ar Ra’d 13:37)

“Have you seen those who claim that they believe in that which was sent down to you and before you and they wish to go for judgement to the Taaghoot while they have been commanded to reject them? But Shaytaan wishes to lead them far astray. And when it is said to them ‘Come to what Allah has sent down and to the messenger’ you see the munaafiqeen turn away from you with aversion. How then when a catastrophe befalls them because of what their hands have sent forth they come to you swearing by Allah, ‘We meant nothing more thsn goodwill and conciliation’.” (an Nisaa’ 4:60-62)

“And He makes none to share in His  rule [hukm]” (Al-Kahf 18:26)

“Or do they have partners with Allah to legislate for them in the deen what Allah does not allow” (ash Shoora 42:21)

 “Allah has promised those among you  who believe and do righteous actions, that He will certainly grant them succession in the earth (layastakhlifannahum fil Ard) as He granted succession (istikhlaaf) to those before them and that he will grant them the power to  their deen (wa layumakkinanna lahum deenahum) , that which He has chosen for them. And He will surely give them in exchange a safe security  after their fear (wa layubaddilannahum min ba’di khawfihim amnaan), they worship Me and do not associate anything with Me. But whoever disbelieved after this they are the faasiqoon.” (an Noor 24:55)

“Do they seek the judgement [hukm] of jaahileeyah? Who can be better in judgement [hukman] than Allah for a people of certainty [yooqinoon].” (al Maai’dah 5:50)

“It was We who revealed the law (to Moses): therein was guidance and light. By its standard have been judged the Jews, by the prophets who bowed (as in Islam) to Allah's will, by the rabbis and the doctors of law: for to them was entrusted the protection of Allah's book, and they were witnesses thereto: therefore fear not men, but fear me, and sell not my signs for a miserable price. If any do fail to judge by (the light of) what Allah hath revealed, they are Unbelievers.” (al Maai’dah 5:44)

“And this (He commands): Judge thou between them by what Allah hath revealed, and follow not their vain desires, but beware of them lest they beguile thee from any of that (teaching) which Allah hath sent down to thee. And if they turn away, be assured that for some of their crime it is Allah's purpose to punish them. And truly most men are faasiqoon.” (al Maai’dah 5:49)

“To thee We sent the Scripture in truth, confirming the scripture that came before it, and guarding it in safety: so judge between them by what Allah hath revealed, and follow not their vain desires, diverging from the Truth that hath come to thee. To each among you have we prescribed a law and an open way. If Allah had so willed, He would have made you a single people, but (His plan is) to test you in what He hath given you: so strive as in a race in all virtues. The goal of you all is to Allah. it is He that will show you the truth of the matters in which ye dispute” (al Maai’dah 5:48)

“Let the people of the Gospel judge by what Allah hath revealed therein. If any do fail to judge by (the light of) what Allah hath revealed, they are the faasiqoon.” (al Maai’dah 5:47)

“We ordained therein for them: "Life for life, eye for eye, nose or nose, ear for ear, tooth for tooth, and wounds equal for equal." But if any one remits the retaliation by way of charity, it is an act of atonement for himself. And if any fail to judge by (the light of) what Allah hath revealed, they are zaalimoon.”  (al Maai’dah 5:45)

“But why do they come to thee for judgement, when they have the tawrah before them?- therein is the (plain) command of Allah. yet even after that, they would turn away. For they are not believers.” (al Maai’dah 5:43)

“O you who believe! Obey Allah, obey the messenger and those in authority amongst you and if you differ in anything between yourselves then refer it back to Allah and His messenger if you believe in Allah and the Last Day. That is better and more suitable for final determination.” (an Nisa 4:59)

"O Dawood! Verily, We have placed you as a khaleefah on the earth, so judge you between men in truth…” (Sad 38:26)

 

Some Evidence from the Sunnah
Abu Haazim said ‘I accompanied Abu Hurayrah for five years and heard him talking of the Prophet’s (saw) saying “The prophets ruled over the affairs (tasoosuhum) of the children of Israel, whenever a Prophet died another prophet succeeded (khalafahu) him, but there will be no Prophet after me. There will be khulafaa and they will number many.” They asked ‘What  then do you order us?’ He (saw) said “Fulfill the baya’h to them, the first then the first and give them their due. Surely, Allah will ask them about what He entrusted them with.” (MUSLIM kitaabul Imaarah [no.4543-4544], BUKHAARI [English version vol.4 no.661])

Ibn A’bbaas reported that Nabi (saw) said “One who dislikes something from his ameer should be patient for anyone who seperates from the Sultaan (authority) even by a handspan and died in that condition would die the death of jaahileeyah.” (MUSLIM kitaabul Imaarah [no.4560] BUKHAARI Kitaab al Ahkaam [Eng/Arabic vol.9 no.176])

U’baadah bin as Saamit said ‘The Prophet called us, and we gave our baya’h (pledged allegiance) to him. He imposed on us the duty to listen and obey in what pleases us and in what displeases us, in hardship and in ease whatever our personal preference, and that we should not withdraw authority from those who have been entrusted with it “..unless you see open kufr (kufraan buwaahan) from which you have from Allah a clear proof (burhaan)” (MUSLIM Kitab al Imaarah [no.4541] and similar from BUKHAARI Kitaab al Ahkaam Eng/Arabic [vol.9 no.178])

Jaabir bin Samurah said Nabi (saw) said “This deen would not cease to be powerful [a’zeezan] and [maneea’n] dominant until there has been twelve as khaleefah” Then he said something I could not hear due to the people, I asked my father ‘What did he say’ He said “Everyone from Quraysh” (MUSLIM kitaabul Imaarah [no.4482])

Abu Hurayrah reported that Nabi (saw) said “Whoever obeys me obeys Allah and whoever disobeys me disobeys Allah, and whoever obeys the Imaam obeys me and whoever disobeys the Imaam disobeys me” (IBN MAAJAH)

Abu Hurayrah reported that Nabi (saw) said “…Whoever obeys the ameer obeys me and whoever disobeys the ameer has disobeyed me” (BUKHAARI kitaabul Jihaad [vol.4 no.204] kitaabul Ahkaam [vol.9 no. 251] MUSLIM kitaabul Imaarah [no.4518-4523])

Thawbaan reported that Nabi (saw) said “Three men will be killed at a place where your treasure is. Each of them will be  ason of a khaleefah, and none of them will get hold of the treasure. Then the black banners will come out of the east, and they will slaughter you in a way which has never been seen before” Then he (saw) said something which I do not remember then he said “If you see him go and give him your baya’ah, even if you have to crawl over ice, because he is the khaleefah of Allah, the Mahdi.” (IBN MAAJAH [no.4084])

Umm Salamah reported that Nabi (saw) said “People will begin to differ after the death of a khaleefah. A man from the people of Madeenah will flee to Makkah. Some of the people of Makkah will come to him and drag him out against his will, they will give baya’ah to him between ar Rukn and al Maqaam. An army will be sent against him from Syria, it will be swallowed up in the desert between Makkah and Madeenah. When the people see this, groups of people from Syria and Iraq will come and give him baya’ah. Then a man from Quraysh whose mother is from Kalb will appear and send an army against them, and will defeat them, this will be known as the battle of Kalb. Whoever does not miss the spoils of this battle will miss much! The Mahdi will distribute the wealth and will rule the people according to the sunnah of the prophet (saw). Then he will die and the Muslims will pray for him.” (ABU DAWOOD)

 Jaabir reported that Nabi (saw) said "There will be at the end of my Ummah a Khalifah who will pour out wealth without counting it." (MUSLIM)

Auf bin Maalik reported that Nabi (saw) said  “The best of your Imaams are those whom you love and who love you, who invoke Allah’s blessings upon you and you invoke His blessings upon them. And the worst of your Imaams are those whom you hate and who hate you, and whom you curse and who curse you.” It was asked ‘Shouldn’t we overthrow them with the sword?’ He (saw) said “No, as long as they establish the Salah among you. If you then find anything detestable in them, you should hate their administration but do not withdraw your hand from their obedience." (MUSLIM kitaabul Imaarah [no.4573]) and in another narration Auf bin Maalik reported that Nabi (saw) said “The best of your Imaams are those whom you love and who love you, whom you pray for and who pray for you. And the worst of your Imaams are those whom you hate and who hate you and whom you curse and who curse you” They said ‘O Rasool Allah, shouldn’t we overthrow them due to that?’ Nabi (saw) replied “No as long as they establish the salah among you, No as long as they establish the salah among you. Mind you, one who has a wali appointed over him and he sees that the wali engages in disobedience (ma’seeyah) to Allah, then he should hate the wali’s disobedience to Allah but should not withdraw his hand from obedience.” (MUSLIM kitaabul Imaarah [no.4574])

Nu’maan reported on the authority of Hudhayfah ibn al Yaman that that Nabi (saw) "Prophethood will remain among you as long as Allah wishes it to remain, then Allah Most High will remove it. Then there will be a khilaafah upon the method of the prophethood as long as Allah wishes it to remain, then Allah Most High will remove it. Then there will be a distressful kingdom (mulkiyyah) which will remain as long as Allah wishes it to remain, then Allah Most High will remove it. Then there will be a proud kingdom which will remain as long as Allah wishes it to remain, then Allah Most High will remove it. Then there will be a khilaafah upon the method of the prophethood (a’la minhaajan Naboowah)." Then he stopped.  Habib said: "When Umar ibn AbdulAziz became khaleefah I wrote to him, mentioning this tradition to him and saying, "I hope you will be the commander of the faithful after the distressful and the proud kingdoms." It pleased and charmed him, i.e. Umar ibn AbdulAziz." (TIRMIDHI [no.5378] BAYHAQI in ‘Dalaa’il an Naboowah’ AHMAD from Nu’man bin Basheer [vol.4 p.273] AT TAYAALISI, AL BAZZAR, AT TABARAANI, DAARIMI)

Abu Sa’eed ul Khudri reported that Nabi (saw) said “Allah never sends a prophet (nabi) or gives succession (istikhlaf) to a khaleefah but that he has two groups  (bitaanah). A group commanding him to ma’roof and exhorting him to it and the ther group commanding him to evil (shar) and exhorting him to it. But the protected person (ma’soom) is the one protected by Allah.” (BUKHAARI [Eng/Arabic vol.9 no.306])

Abu Hurayrah reported that Nabi (saw) said “…Allah has never sent a Prophet or a khaleefah except that he had two groups (bitaanah). One group command him to ma’roof and forbid munkar and the other spare no effort to hinder (khabaalan) him. And he who protects (yooq) himself from the evil group (bitaanatus Soo’) will be protected (wuqi).” (TIRMIDHI, ABU DAWOOD, IBN MAAJAH, IBN HIBBAAN, AL-HAAKIM, BUKHAARI in ‘Adabul Mufrad’ [no.256])

A’rfajah reported that Nabi (saw) said “Whoever comes to you while your affair has been united (jameea’n) under one man, intending to dissolve your strength (yashuqqa a’saakum) or divide your jama’ah (yufarriqa jamaa’atakum), kill him.” (MUSLIM kitaabul Imaarah [no.4567])

Ibn A’baass reported that Nabi (saw) said “He who sees anything in his ameer which he dislikes should remain patient as there is none who separates from the jama’ah (yufaariqul jama’ah) even to the extent of a handspan then dies but he dies the death of jaahileeyah.” (BUKHAARI Eng/Arabic kitaabul Fitan [vol.9 no.177] MUSLIM kitaabul Imaarah [no.4559])

Ibn U’mar that Nabi (saw) said “Whoever dies without there being over him an Imaam of the Jama’ah [a’layhi Imaamu Jama’ah] then he has died the death of jaahileeyah.” (AL HAAKIM ‘al Mustadrak’)

Umm Salamah reported that Nabi (saw) said “Ameers will be appointed over you and you will find them doing good as well as bad deeds. One who hates their bad deeds is absolved from blame, one who disapproves of their bad deeds is also safe. But one who approves of their bad deeds and imitates them (is not blameless).” People asked ‘Rasool Allah! Shouldn’t we fight against them?’ He (saw) replied “No, as long as they pray [‘laa maa salloo’].” (MUSLIM kitaabul Imaarah [no.4570])

Fadaalah ibn U’bayd reported that Nabi (saw) said “There are three who are not to be asked about: A man who separates from the jama’ah (faaraqal jamaa’ah), disobeys his Imaam and dies disobedient (a’siy), a female or male slave who flees from his master and a woman whose husband is away, and he has provided for her worldly needs, yet she adorns and displays herself and roams around freely without him – so do not ask about them.” [IBN HIBBAAN [no.50] AHMAD, BUKHAARI in ‘Adabul Mufrad’ [no.590])

Hudhayfah ibn al Yaman said ‘The people used to ask rasool Allah (saw) about the good, but I used to ask him about the evil for fear that it might overtake me, so I said, ‘O Rasool Allah, we used to be in ignorance (jaahileeyah) and evil (shari) then Allah brought this good to us. So is there any evil after this good? He (saw) said “Yes” I said ‘And is there any good after that evil?’ He (saw) said “Yes, but it will be tainted (literally by ‘smoke’)” I asked ‘What will that smoke be?’ He (saw) said “A people adopting ways other than my sunnah, guiding others with other than my guidance, you will recognise some (of their deeds) and not recognise others.” I asked ‘Then is there any evil after that good?’ He (saw) said “Yes, callers at the gates of Hellfire, whoever responds to their call will be thrown into it.” I said ‘O rasool Allah describe them to us.’ He (saw) said “They will be from our own people and speak our language.” What do you order me to do if I should see that?’ He (saw) said “Cling (talzamu) to the jama’atul Muslimeen and their Imam.” I said ‘And if there is no Jama’ah and no Imam?’ He (saw) said “Then keep away from all those sects (firaq) even if you have to bite upon the root of a tree until death overtakes you in that condition.” (BUKHAARI English/Arabic version vol.4 [no.803] and vol.9 [no.206], MUSLIM kitaabul Imaarah [no.4553])

Al Harith al Asha’ri reported that Nabi (saw) said “…I  command you with five which Allah commanded me with: Listening and obeying, Jihaad and Hijrah and the Jama’ah, for he who leaves the Jama’ah by a handsbreadth, then he has thrown off the yoke of Islam from his neck” (AHMAD, at TAYAALISI, IBN HIBBAAN, IBN KHUZAYMAH, AL HAAKIM) and in another version also from al Haarith al Asha’ri Nabi (saw) said “…I command you with five; The Jama’ah and Listening and Obeying and Hijrah and Jihaad in the cause of Allah. And verily, whoever goes out of the Jama’ah to the extent of a (hand) span has put off the tie of Islam from his neck unless he turns back. And whoever calls with the calls of jaahileeyah, he is of the stones of jahannam, even though he fasts and prays and thinks that he is a Muslim.” (AHMAD, TIRMIDHI[no.3694])

Ibn U’mar reported that Nabi (saw) said “It is obligatory upon a Muslim to listen and obey in what he likes [ahabba] and hates [kariha] unless he is commanded with ma’seeyah. If he is commanded with ma’seeyah then there is no listening and no obeying.” (BUKHAARI kitaabul Ahkaam [vol.9 no.258] MUSLIM kitaabul Imaarah [no.4533] also transmitted through Ubaydullaah [no.4534]) And BUKHAARI narrates another similar hadeeth, Ibn U’mar reported that Nabi (saw) said “Listen and obey in truth [haqq] unless you are commanded with ma’seeyah [disobedience to Allah] so if you are commanded in ma’seeyah then there is no listening and no obeying.” (BUKHAARI kitaabul Jihaad [vol.4 no.203])

Irbaad ibn Sariyah reported that Nabi (saw) said “I have left you upon clear white ground, its night is like its day, no one deviates from it except that he is destroyed, and whoever lives among you will see many differences. So stick to what you know from my Sunnah and the sunnah of the khulafaa raashideen [right acting] mahdiyeen [rightly guided]. Bite onto that with your molar teeth and stick to obedience even if it is an abyssinian slave, since the believer is like the submissive camel, wherever he is led he follows.” (AHMAD [4/126] IBN MAAJAH [vol.1 no. 43] AL HAAKIM [1/96] BAYHAQI in ‘al Madkhal’ [no.51])

Ibn Umar reported “…and if the Imaams do not judge by the Book of Allah then this has never happened without Allah making troubles between them.” (IBN MAAJAH)

Abu Umaamah that Nabi (saw) said “The knots of Islam will be undone one by one until everyone of them will be undone and the first one to be undone is the ruling by what Allah has revealed and the last one is the prayer” (AHMAD)

 

Some Evidence from the Early Muslim Generations

U’mar ibn al Khattaab said Umar delivered the Friday sermon and he mentioned the Apostle (peace be upon him) and AbuBakr. He (further) said: I saw in a dream that a cock pecked me twice, and I perceive that my death is near. Some people have suggested that appoint my successor. Allah will not destroy His religion, His caliphate and that with which He sent His Apostle (peace be upon him). If death come to me soon, the (issue of) caliphate (will be decided) by the consent of these six men with whom the Messenger of Allah (peace be upon him) remained well pleased until his death. I know full well that some people would blame me for kill with these very hands of mine some persons who apparently professed (Islam). If they do this (blame me) they are the enemies of Allah, and are non-believers; they have gone astray. I do not leave after me anything which to my mind seems more important than Kalalah. I never turned towards the Messenger of Allah (peace be upon him) (for guidance) more often than this Kalalah, and he (the Holy Prophet) was not annoyed with me on any other (issue) than this. (He was so perturbed) that he struck his fingers on my chest and said: Does this verse, that is at the end of Surat an-Nisa', which was revealed in the hot season, not suffice you? And if I live longer I would decide this (problem so clearly) that one who reads the Qur'an, or one who does not read it, would be able to make (correct) decisions (under its light). He (Umar) further said: Allah! I call You witness to these governors of lands, that I sent them to (the peoples of these lands) so that they might administer justice amongst them, teach them their religion, and the Sunnah of the Apostle of Allah (peace be upon him), distribute amongst them the spoils of war and refer to me that which they find difficult to perform. O people, you eat these two plants, onions and garlic, and I find them extremely repugnant for I saw that when the Messenger of Allah (peace be upon him) sensed the odour of these two from someone in a mosque, he was made to go to al-Baqi'. So he who eats it should kill (its odour) by cooking it well. (MUSLIM [no.1151])

Iyaad bin Hudhayr said U’mar ibn al Khattab asked me ‘Do you know what will destroy Islam?’ ‘No’ I replied. U’mar said ‘The slip of the a’lim, the dispute of the munaafiq about the Book (Quran) and the rule [Hukmu] of the misguided leaders [aa’immatul mudalleen]” (DAARIMI, Mishkaatul Masaabih [vol.1 p.360])

bin Dinar said ‘When the people took the oath of allegiance to 'Abdul Malik, 'Abdullah bin 'Umar wrote to him: "To Allah's Slave, 'Abdul Malik, Amirul mu’mineen, I give the Pledge of allegiance that I will listen to and obey Allah's Slave, 'Abdul Malik, Amirul mu’mineen, according to Allah's Laws and the Sunnah of His messenger in whatever is within my ability; and my sons too, give the same pledge." (BUKHAARI Eng/Arabic ‘kitaabul Ahkaam’[vol.9 no.312])

Ibraheem ibn al Muntashir narrated on the authority of his father who reported from his (Ibraheem’s) grandfather that when the following verse was revealed “Verily! Those who pledge allegiance to you (O Muhammad) pledge allegiance to Allah.” (al Fath 48:10) The holy Prophet (saw) secured pledge from the people “For Allah’s sake and for the obediance in ma’roof” Abu Bakr also secured pledge from the people [during his khilaafah] ‘For Allah’s sake and for the obediance in ma’roof. U’mar secured pledge from the people [during his khilaafah] similar to that of the Prophet (saw) (IBN SHAHEEN in ‘al Isaabah’ [vol 3 p. 458] as given by Imam KANDHLAWI in ‘Hayaatus Sahaabah’ [vol.1 p.308])

Ibn A’feef narrated ‘I saw Abu Bakr securing pledge (baya’h) from the people after the messenger of Allah (saw). A group (of Muslims) was around him and he was saying, ‘I accept baya’h from you for listenting to and obeying Allah, the Book and the Amir.’ The people said ‘Certainly’ and he secured pledge from them. I also stood there for some time. I had attained puberty at that time or was near to puberty. I memeorised all those conditions that he put before the people. Then I came to him and said ‘I pledge to you for listening to and obeying Allah, the Book and the Amir.’ Hearing that he (Abu Bakr) looked at me upwards and downwards. I saw him striking of astonishment Raheemahullah.’ (BAYHAQI [VOL.8 P.146])

Anas reported ‘I went to Madeenah after the death of Abu Bakr when U’mar had assumed the office of khilaafah, I said to him ‘Raise your hand so that I may pledge allegiance to you as I have pledged allegiance to your predecessor for listening to and obeying as far as possible for me.” (IBN SA’D, IBN ABI SHAYBAH, AT-TAYAALISI as reported by KANDHLAWI in ‘Hayaatus Sahaabah’ [vol.1 p.308])

U’mar ibn A’tiyah al Laythi narrated ‘I came to U’mar and said ‘O Amirul Mu’mineen! Raise your hand, may Allah elevate it, so that I may pledge allegiance to you in accordance with the Sunnah of Allah and the Sunnah of His messenger. He extended his hand and laughed. Then he said ‘This pledge obliges you for some duties and obliges me for some duties’ A’bdullah ibn Hakeem narrated ‘I pledged allegiance to U’mar with his hand for listening to and obeying him.’’ (Both reports from IBN SA’D as given by Imam KANDHLAWI in ‘Hayaatus Sahaabah’ [vol. 1 p. 308-309])

 

Evidence from the Statements of Classical Scholars
Imaam Maalik (d. 179 h) the mujtahid mutlaq, muhaddith and founder of the Maaliki school of law, in his ‘al Muwatta’ the earliest surviving book of hadeeth and Islamic law based upon the practise of the people and scholars of the Prophetic city of Madeenah in the first three Islamic generations, addressed the issue of the shari’ah under one leader in the section ‘Kitaab al baya’h’ [Book of the pledge of obedience <to the khaleefah>] In this section of his book he brought forward some ahadeeth showing the sahaabah giving the bayah of obedience to the Prophet (saw) in his capacity as leader, as well as narrations showing the continuation of this unitart political system after the Prophet (saw). Imaam Maalik also addressed the issues of the unitary Islamic system of shari’ah throughout the chapters of his book, and we also see clearly the necessity of the singular leadership in the establishment of aspects of Islamic shari’ah such as foreign and economic policy in ‘Kitab al Jihad’ and ‘Kitaab az Zakah’ where the role of the Imaam is explicitly addressed.
Imaam ash Shafi’i (d.204 h) the mujtahid mutlaq, muhaddith and founder of the Shafi’I school of law, commented on the following ayah “O you who believe! Obey Allah obey the messenger and those in authority among you. If you should differ in anything then refer it back to Allah and the messenger if you believe in Allah and the Last Day…” (an Nisaa’ 4:59) Some scholars have held that “…those in authority…” ‘…(means) the ameers of the messenger’s army. That is what more than one mufassir has told us. But Allah knows best. This is in accord with what (Allah) has said, for the Arabs who had been around Makkah knew nothing about command and some submitting to the command of others was repugnant to them. When however they submitted to (the authority of) the messenger, they did not think that (such an authority) was fit to reside in other hand’s other than the messenger’s. So they were commanded to obey “those in authority” the ones whom the messenger appointed with conditional but not absolute obedience, concerning their rights and duties. …’ and “In the same category fall the letters of the khulafaa’ and their governors and the Muslims agreement that the khaleefah, the haakim, the ameer and the Imaam were respectively single individuals. So they chose Abu Bakr (as khaleefah) and Abu Bakr designated U’mar. U’mar appointed a council of electors to choose one man. They selected A’bdur Rahmaan ibn A’wf, who chose U’thmaan ibn A’ffaan. Thus those governors who were judges, as well as others, handed down decisions, had their decisions executed, and imposed penalties…” (SHAFI’I, Risaalah fi Usoolul Fiqh [p.112-113 & 505p.260]
Imaam at Tahawi (d.231 h), the faqeeh and muhaddith of the Hanafi school of law, known for his widely accepted book of a’qeedah, said “We also do not allow going out against our Imaams or those governors of our affairs [wulaatul umoor] even if they oppress. We do not pray against them nor do we withdraw our hand from obedience to them. Rather, we believe that our obedience to them is obedience to Allah, an obligation as long as they do not command to sin” (A’qeedatut Tawhaaweeyah)
Imaam Ahmad (d.241 h) the mujtahid mutlaq, muhaddith and founder of the Hanbali school of law, is reported to have said “And listening and obeying to the Imaams and Ameerul Mu’mineen whether righteous or sinful from those who govern the khilaafah….” (Usoolus Sunnah [no.47]) and “And the battles along with umaraa’ until the Yawmil Qiyaamah whether they are righteous or sinful. It is never to be abandoned. and the division of the fa’y and establishing the hudood with the Imaams…” (Usoolus Sunnah [no.49])
Imaam Bukhaari (d.256 h) the muhaddith and shafi’I faqeeh, who compiled one of the most authentic books of ahadeeth made the matter of shari’ah under one Imaam manifest throughout his book by the book titles and chapter headings therein. He dedicated one whole book in his ‘Jaam’ius Saheeh’ to the rules of khilaafah called ‘Kitaab al Ahkaam’ [The Book of Rulings], in it can be found the bayah’s to the prophet (saw) and his command to the Muslims to obey the Imaam in the shari’ah command he issues and also the the continuation of this system among the sahaabah and tabi’een. Whatsmore, Imaam Bukhaari continuously emphasized the necessity of submitting to the authority of the Imaam in the implementation of the shari’ah in other spheres such as Zakah, Jihad, Marriage etc.
Imaam Muslim (d.261 h) the Muhaddith, and faqeeh of the Shafi’i school of law also made clear the obligation of the Shari’ah system of khilaafah throughout the chapters of his book ‘Jaami’us Saheeh’ where he regularly connected Imaamah with the various spheres of shari’ah whether economic, social, judicial, foreign policy and worship. He also dealt explicitly with the rules of this in a dedicated section ‘Kitaab al Imaarah’ [The Book of Authority]. In this book he mentioned bayahs of obedience to the Prophet (saw) in his capacity as leader and the commands of the prophet (saw) for Muslims to give bayah to the khaleefah and obey him and other related rulings.
Imaam Abu Dawood (d.275 h) the Muhaddith and Shafi’i faqeeh made clear the reality of the Islamic system of Imaamah with a section of his ‘Kitaab as Sunan’ dedicated to the rules of authority and obedience named ‘Kitaab al Kharaaj wal Fai’ wal Imaarah’ [Book of Conquered land tax, War revenue and Authority] also other sections such as ‘Kitaab al Jihaad’ included ahadeeth of authority and leadership. Imaam Abu Dawood also indicated the return of the rightly guided khilaafah in the section called ‘Kitaab al Mahdi’ which mentions hadeeth concerning the rise of the rightly acting khaleefah who will be a descendant of the family of the Prophet (saw) and wiho will come to power and perform various actions as a sign of Qiyaamah.

Imaam Ibn al Mundhir (d.319 h) said “Everyone I have memorised from of the people of knowledge agrees that a disbeliever is not to have authority over a Muslim in any circumstances” quoted by Imaam Ibn al Qayyim in ‘Ahkaam Ahludh Dhimmah [p.294])
Imaam Barbahaari (d.329 h) said “It is then not permissible for anyone to spend a single night thinking that he has no Imaam over him whether he be righteous or wicked”  (Sharhus Sunnah [Issue no.30]) and  “The Hajj and Jihaad are to be carried out under his leadership…”  (Sharhus Sunnah [Issue no.31]) and Imaam Barabahaari (d.329 h) said  “Khilaafah will remain within the Quraysh until I’sa ibn Maryam a’layhis salam descends” (Sharhus Sunnah [Issue no.32]) and “Know that there is no obedience to the creation in disobedience to Allah A’zza wa Jall” (Sharhus Sunnah [Issue no.36])
Imaam Ibn Abi Zayd (d.386 h) said “And obedience to the Imaams of the Muslimeen from the governors of their affairs and their u’lemaa’ and following the salaf as saalih” (ar Risaalatul Qayrawaani [Baab: maa tantiqu bihi al alsinatu wa ta’taqiduhu al Afi’dah min waajibi umoori ad Deeyinaat] ‘What the tongues pronounce and the hearts believe from the obligatory matters of the Deen’)

Qaadi Abu Ya’la said “Appointing the Imaam is obligatory” (QAADI ABU YA’LA ‘al Ahkaamus Sultaniyyah’) and “If he commits disbelief after his belief, he leaves the position of his leadership. There is no amiguity concerning that point, as he has left the fold of Islam and it is obligatory to give him the death penalty.” al Mu’tamad fi Usoolul Fiqh [p.243])

Imaam Saabooni (d.449 h) said “The Ahlul Hadeeth hold that the prayers of al Jumua’ah, the two eids and any other prayer can be performed behind any Muslim Imaam irrespective of whether he is righteous or immoral. They also hold that jihad against the disbelievers is valid with them even if they re oppressors and tyrants. They agree to make supplications for them, asking to rectify their situation, to be given tawfeeq and to establish justice among their subjects. They do not deem permissible the rebellion against the leaders by the sword even if they are unjust and tyrannical. They say that the extremists should be fought until they return to the obedience of the just Imaam” (A’qeedatus Salaf Ashaabul Hadeeth)
Imaam Mawaardi (d.450 h.) said ‘The Imaamah is prescribed to succeed the prophethood as a means of guarding the deen and managing the affairs of this world’ (MAWARDI ‘Ahkaamus Sultaneeyah wal Wilaayat ad-Deeniyah’)
Imaam al Juwayni (d. 478 h) said “The position of Imaam is a complete leadership, a leadership that deals with both the specific and the general, the important affairs of the deen and the worldly life” (Ghiyaathul Umum [p.15]) and “Know that universal ijmaa is not required for the investiture to the Imaamah, but rather the Imaamah may be validly invested even if the community does not agree on conferring it. What proves this is that as soon as the Imaamah was conferred on Abu Bakr, he set out  about inpmlementing the regulations governing the Muslims without waiting for the news to reach thos os the sahaabah in far off territories. However, none raised an objection and none suggested that he should have delayed. If ijma is not a condition for the inesiture to Imaamah, a number may not be fixed nor a limit defined. Thus the applicable rule is that the Imaamah may be invested on the basis of a single competent person conferring it” (Kitaab al Irshaad [p.234])

Imaam Ibn Hazm [d. h] said "It is permitted to have only one Imam in the whole world." ([Ibn Hazm, ‘Al-Muhalla’, [vol.9/360).])
Imaam al Ghazaali (d. 505 h)
Qaadi A’yaad (d.544 h) said “The scholars agree that Imaamah is not put into effect for a disbeliever. If disbelief comes to him and a change in the law or a heresy he is no longer the ruler. Obedience to him is suspended and it is obligatory upon the Muslims to oppose him and remove him from office, put a just ruler if they are able to do so. If that does not occur it is obligatory upon them to rise and remove the disbeliever.” (quoted by Imaam an Nawawi ‘Sharh Saheeh Muslim’ [vol.12 p.123])

Imaam Shahristaani (d.548 h) “Imaamah is the same subject as Khilaafah, it is the matter of succession of the prophethood in guarding the deen and governing the affairs of the dunya” (al Milal wan Nihal)
Imam an-Nawawi [d. 676 h] said, "If two caliphs are given allegiance one after another, the first caliph's allegiance is acceptable and the Muslims must fulfil it. The second caliphs' allegiance is not acceptable and it is forbidden to fulfil it. It is forbidden for the second caliph to seek the pledge of allegiance from anyone. The above ruling applies whether or not the Muslims pledging allegiance to the second caliph were aware of the first caliph. It applies whether the two caliphs are in the same country or in different countries." [Nawawi, "Sharh Sahih Muslim", (12/231).]
Imaam Sayf ad-Deen al Amidi (d. h) said “Know that none but Allah is the Sovereign and no command is worthy of obedience except that which is given by Him.” (AMIDI, ‘al Ihkaam fi Usool al Ahkaam’)

 

Imaam Ibn Khaldoon [d.808] said “Since the very nature of Imaamah is the protection of the interests of the community in the religious and worldy affairs and since the khaleefah is their wali and their guardian during his lifetime in this respect it follows that he is also to protect them after his death by nominating for them a person who would take charge of their affairs in the same manner he did. As a result they will respect his choice in the same manner they had respected him, this is acknowledged by the law and by the general consensus concerning its permissability and legality.” (al Muqaddimah)

Haafiz Ibn Hajr [d.852 h] stated “There is ijmaa that he is removed due to disbelief. It is obligatory upon every Muslim to rise against him at that point. Whoever puts out the effort to do so shall be rewarded. Whoever retreats shall be sinful and whoever makes capacity must make hijrah from the land” (Fathul Baari [vol.13 p.123])
Shaykh U’thmaan ibn Foodi [dan Fodio] [d.1232] said “I say and success is by Allah, that it is an obligation for every Muslim to give bayah to the Ameer al Mu’mineen if he exists. Muhammad ibn A’bdul Kareem al Maghili said in his answers he gave to the questions of the Askia that it is not halaal for a group of Muslims to remain leaderless. Allah said “And hold fast to the rope of Allah altogether and do not divide…” In the saheeh of MUSLIM, Ibn U’mar said Rasool Allah (saw) said “Whoever separates his hand from obedience will meet Allah with no excuse on the Day of Rising and whoever dies without a bayah [pledge of obedience to the khaleefah] upon his neck dies the death of jaahileeyah.” (MUSLIM) (Kitaab al Masaai’l al Muhimma)
The Agreement of Modern Muslim Scholarship on the Obligation of Shari’ah and Khilaafah
Even modern scholars of Islamic jurisprudence know very well that there is no basis for man-made law according to Islam. Below we quote the statements of scholars, leaders, academics and thinkers from a range of sects, backgrounds, schools of thought and organizations and various academic institutions. The aim of this is to utterly obliterate and ridicule the current mind control project of secularism being aimed at the Muslim world, by showing that all relevant voices in the world of Islam even in its damaged modern condition, can not disagree that the system of Islam is to live by shari’ah under an Islamic unified leadership. This shows that the obligation and desire to reject man-made law and revive Islamic law and the Islamic ruling system is not the view of a few ‘literalists’ but rather is so manifest a reality from the Quran and Sunnah, that no person attributing himself to Islam can deny it, as it is a basic reality known from the deen of Islam by necessity:-

 Dr. Ahmad Hasan (M.A., Ph.D.) professor at Karachi University says “The legal theorists in the works of usool have devoted a special chapter to Haakim in the sense of the Originator of law and giver of command. They have proved on the basis of the Quranic verses and ijma’ [consensus]  that Haakim in this sense is God alone. This is substantiated by the following Quranic verses

  • “…Verily the Hukm [law] is for none but Allah, He declares the Truth and He is Khayrul Faasileen [Best of Judges].” (al Ana’m 6:57)
  • “…Surely for Him is the Hukm [Judgement] and He is Asrau’l Haasibeen [Swiftest in Taking Account].” (al Ana’m 6:62)
  • “And it is not for a believing man or woman when Allah and His messenger have decided a matter to have any choice in the matter…” (al Ahzaab 33:36)
  • “…If any do fail to judge by (the light of) what Allah hath revealed, they are Unbelievers.” (al Maai’dah 5:44)

There is no dispute between the people of the Sunnah and the mutazilah [a deviant rationalist sect] that God alone is Haakim (lawgiver), as we have shown on the basis of the Quranic verses. Human intellect has no role to play in respect of giving command and dictating law to mankind…” (HASAN, Ahmad ‘Principles of Islamic Jurisprudence’ [p.230-231])

Dr Mohammad Hashim Kamali, Professor at Law at the International Islamic University of Malaysia says “The u’lemaa are unanimous to the effect that the source of all law in Islam is God Most High, whose Will and Command is known to the mukallaf [legally responsible person] either directly through divine revelation or indirectly by means of inference, deduction and ijtihad. The Quran repeatedly tells us that ‘The prerogative of command belongs to Allah alone’ (al Ana’m 6:57). Law and justice in the Muslim community must derive their validity and substance from the principles and values that the Lawgiver has sanctioned. This is the purport of the Quranic text in surah al Maai’dah (5:44) which declares to be unbelievers those who refuse to accept the authority of the Divine Law. Even the Prophet (saw) does not partake in the prerogative of command (i.e. legislation), as his command, or that of the ruler, the Imaam, the master or father for that matter, does not constitute binding authority in its own right, instead, obedience to such individuals is founded in the command of the Lawgiver. Neither is human intellect, or a’ql, alone, a source of law in its own right.” (KAMALI, Mohammad Hashim ‘Principles of Islamic Jurisprudence’ [p.342])

Dr. A’la Eddin Kharofa (B.A., M.A., Ph.D. from Shari’ah College, Al Azhar University Cairo) Professor of Islamic law at many universities in the Muslim world and America says “Islamic Law ‘Shari’ah’ for many centuries was able to solve all the legal problems of the Muslim communities until the British, French and Italians invaded the Muslim world and imposed their laws and traditions on the Muslims. As a result, the British and French laws replaced Islamic Law to so great an extent that the greater scope of it was relegated to the periphery. The only element of the Shari’ah that has hitherto survived this invasion is the family law which too is still under similar threat. To rebut this phenomenon and to prove to the world that Islamic Law ‘Shari’ah’ is superior over all other laws and to restore its position and respect, new studies have been founded in the 20th century that is: comparison between Islamic Law ‘Shari’ah’ and all other laws. Almost in all Muslim Universities such study is going on in addition to numerous books written in this regard. Islamic Law ‘Shari’ah’ is based on the Holy Quran, the Sunnah of the messenger (saw), the consensus of Muslim scholars, the Divine analogy ‘al Qiyas’, (Islamically based Juristic) Equity ‘al Istihsaan’, the consideration of the (Islamic) Public interest ‘al Masaalih al Mursalah’, the presumption of continuity ‘al Istishaab’, the (Islamically acceptable) custom ‘al U’rf’, the (Islamic juristic) opinion of the companion ‘Fatwa as Sahaabi’, Blocking the means ‘Sadd adh-Dharaa’I, and the (revealed) legislation the people (i.e. prophets) who have come prior to us ‘Shara’ man Qablana’.

The above are the sources of the shari’ah that are available to a Muslim jurisprudent ‘faqeeh’ who wants to sole a legal problem at hand……I pray to Allah Almighty to help Muslims all over the world to practice and implement Islam about which the Almighty has said “He who follows a deen other than Islam (submission) it will never be accepted of him and in the hereafter he will be among the losers” (aali I’mraan 3:85)  (KHAROFA, A’la Eddin ‘Transactions in Islamic Law’ [p.xiv-xv])

Professor Mohammed Taqi Amini of Aligarh Muslim University says “In the Islamic legal system only these two (Quran and Sunnah) are the true and valid guides for human interpretation. Such interpretations by following these two guides acquire the status of a source of law. Interpretation assumes that exalted position which was exclusively reserved for the sagacity of the Prophet (saw). Thus, its infirmities are cured by the light of the two aforesaid guides to discharge its heavy obligations properly. Grand Quran is sure guidance and is the real fountain head of the totality of rules of action covering all human affairs. It explains the objects of laws, public policy, constitutional principles and precepts which constitute the foundation of Islamic law and interpretation…” (AMINI Mohammed Taqi ‘Fundementals of Ijtehad’ [p.12-13])

Shaykh Abdul Qadir al Murabit says “…Khalifate is not only fundamental to Islam, it is the necessary foundation of its power…..Every basic law of Islam that was swept aside opened the door to kaafir rule, poverty and disgrace. The much vaunted liberty, fraternity and equality were for an occupying force but not for the Muslims themselves. Once the laws of the dimmis were abolished it was a matter of time before the Turkish army was to forbid its soldiers to pray in jama’at.” (‘The Return of the Khalifate’ [p.1-3]) and “Islam is not and can never be, by definition, in crisis or need of revisionist change, Islam, Kitab wa Sunnah, is immutable in all places until the end of time. It is itself a critique and balance-principle against which all human ventures must be measured and themselves revised and changed. The mizan (scale) of Islam adheres in every case, personal and social. At no time and in no place do the moral and political limits become altered to suit the latest fantasies and ambitions of men. Limits of human behaviour remain decreed by the revelation until the end of the human situation. This involves the delineation of kufr, shirk, and the hadd punishments, as well as hijra and jihad. The limits set on trading transactions and monetary systems have been decreed. Just as warfare has obligations, so too do commodity trading, coinage, marriage, sexual mores and the maintenance of the public good. Thus, all ijtihad and all analogical extension of these basic elements must derive from the basic Islamic model of Madinah, during its phase when it functioned as the primary model for the future of mankind. The Madinah of the Salafi community was neither a primitive nor a formative society but a complete blueprint pattern for Islamic societies from then on.” (‘Root Islamic Education’ [p.3])

A’bdur Rahman I. Doi (B.A., M.A., Ph.D.) director of the centre for Islamic legal studies, Ahmedo Bello university, Zaria [Nigeria] Says “In Islam, Allah alone is the Sovereign and it is He who has the right to ordain a path for the guidance of mankind. Thus it is only shari’ah that liberates man from servitude to other than Allah. This is the only reason why Muslims are obliged to strive for the implementation of that path, and that of no other path. Allah (swt) says “We made for you a law, so follow it, and do not follow the desires of those who know not.” (at Talaq 65:18) The absolute knowledge which is required to lay down a path for human life is not possessed by any group of people…..In the Shari’ah, therefore, there is an explicit emphasis that Allah is the Lawgiver, and the whole ummah, the nation of Islam, is merely His trustee. It is because of this principle that the ummah enjoys a derivative rule-making power and not an absolute law creating prerogative. The Islamic State, like the whole of what one might call Islamic political psychology, views the Dar al Islam [abode of Islam] as one vast homogenous commonwealth of people who have a common goal and a common destiny and who are guided by a common ideology in all matters both spiritual and temporal. The entire Muslim ummah lives under the Shari’ah to which every member has to submit, with sovereignty belonging to Allah alone.” (DOI, A’bdur Rahman I. ‘Shari’ah: The Islamic Law’ [p.2 & p.5])

Prof. Dr. Hussain Hamid Hassan, president of the International Islamic University, Islamabad, says “The ultimate legislative authority, according to the constitutional law of Islam, belongs to Allah Almighty alone and no-one can be associated to Him in the existence of this authority. The Lawgiver is Almighty Allah as He has given and originated the Shari’ah. Allah says “Verily the hukm [law] is only for Allah. He has commanded that you worship none but Him.” (Yoosuf 12:40) Again He says “Verily to Him belongs the creation and the commandment, Glory be to Allah the Lord of the Universe.” (al A’raaf 7:54) …..those who have written on the subject of Islamic constitutional fiqh have confirmed that the role of the representatives of the Islamic State, the Khaleefah and his assistants, the governors, the judges and other civil servants, is the defence of the faith and the administration of the worldy affairs of Muslims…..A’li reports that the Prophet (saw) said “…obedience is only in ma’roof [good things according to Islam].” (BUKHARI, MUSLIM) Thus the Prophet Muhammad (saw) equated obedience to a leader in a matter contrary to Shari’ah with a misdeed for which the most severe punishment is due.” (HASSAN, Hussein Hamid ‘The Foundation of Authority in the Islamic State’[p.4 & p.21 & p.23])

Mawlana Abu’l A’la Mawdoodi said “ ….it has been definitely laid down in Islam that de jure sovereignty also belongs to Allah Whose de facto sovereignty is inherent and manifest in the working of the entire universe and Who enjoys exclusively the sovereign prerogative that is – the right to this sovereignty is His – over all creation. The Quran repeatedly stresses it with an increasing emphasis. At one place it says “Verily, the hukm [law] is for none but Allah. He has commanded that you worship none but Him, that is the right deen.” (Yoosuf 12:40) at another place it enjoins “Follow the revelation sent unto you from your Lord, and do not follow guardians other than Him.” (al A’raaf 7:3) At a third place, any deviation or refusal to accept His de jure sovereignty has been described as kufr (i.e. disbelief), “And those who do not govern by what Allah has revealed are the disbelievers.” (al Maai’dah 5:44) These commands clearly show that the acceptance and admission of the de jure sovereignty of Allah is Islam and its denial is kufr.….What should be the form and nature of the government of an Islamic State? If we carefully study the conventions of the Caliphs to obtain guidance on this point, we will notive that the Ameer was the only person to whom obedience and loyalty were joined and to whom the people delegated in the fullest possible measure their right of taking decisions in all matters concerning their collective existence. His status was therefore, entirely different from the status of the British Monarch, of the French President, or the British Prime Minister, or the American President, or the Head of the Soviet Union. He attended the parliament himself and presided over all its meetings. He used to take the fullest part in its discussions and was responsible not only for his own acts and opinions but also for all the decisions of government. In his parliament there was neither any specific government party nor any specific opposition party. The whole parliament was his party as long as he kep to the right path. But as soon as he deviated from it, his party automatically turned into opposition.” (MAWDOODI ‘The Islamic State – An Outline of the Fundamental Principles’ [p.13 & p.29])

Shaykh Taqiud Deen an-Nabahani said, “

Dr. Yusuf Qaradawi head of the dept. of Shari’ah at the University of Qatar, says “…Islam has restricted the authority to legislate the haraam and the halaal, taking it out of the hands of human beings, regardless of their religious or worldy position, and reserving it for the Lord of human beings alone. Neither rabbis, nor priests, kings or sultans, have the right to prohibit something permanently to Allah’s servants, if someone does this, he has certainly exceeded his limits, usurping the sovereignty which, with respect to legislating for the people, belongs to Allah subhaanahu wa ta A’la alone. Others who acquiesce with this transgression of such usurpers and act upon what they have legislated thereby elevate them to the rank of partners or associates with Allah, “Do they have partners who have legislated for them in the deen that concerning which Allah does not allow?” (ash Shoora 42:21) and “They have taken their rabbis and priests as Lords besides Allah, and the messiah, the son of Mary, although they were commanded to worship no one except the One Allah. There none worthy of worship but He, glory be to Him above what they associate with Him.” (at Tawbah 9:31) The Quran took to task the People of the Book, that is, the Christians and Jews, for putting power to make lawful and to prohibit things and actions into the hands of their rabbis and priests…” (QARADAWI, ‘The lawful and the prohibited in Islam’ [p.18-19])

 

The principle of governing affairs only by shari’ah is also affirmed by modern shi’ah scholarship:-

Imaam Ayatullah Khomeini, the intellectual leader of the Iranian revolution said “The Islamic State bears no resemblance to any existing system of government. The Islamic State is neither autocratic nor does it make its head the repository of all powers so as to let him play with the life and property of the people. The Islamic State is free of all despotism. It is a constitutional state but not in the modern sense where the constitution is interpreted by parliament or public representative bodies. The Islamic State is a constitutional State in the sense that those charged with running it are bound by the rules and conditions laid down by the Quran and Sunnah. The right to legislate is the prerogative of God. No one here has or can have the absolute or unconditional power to make laws, nor can anyone issue an ordinance which has no sanction in Divine Guidance….All people including the blessed Prophet, his khulafaa’ and everyone is bound by injunctions revealed through wahy [revelation] or those laid down by God in the Quran or those issued by the blessed Prophet himself…..It is historically proved that colonialists have cut down the (Islamic) homeland into several pieces and split Muslims into various nations. The colonial powers strove very hard to break up the strong and united Ottoman State. The Russians, the British and their allies joined hands to fight against the Ottoman State. Eventually they split and shared among themselves this united Muslim State. Now there is only one way to unite the Islamic millah, liberate the occupied Muslim territories, get rid of those stooges of colonial power, and establish a true Islamic State…..If we believe that those rules and laws which an Islamic State is founded have a permanent validity and that the Shari’ah does not approve of anarchy and lawlessness then it clearly follows that to establish an Islamic government is obligatory upon us.” (KHOMEINI, ‘Hukoomat al Islameeyah’