الستون السلطانية. A collection of narrations relating to Ruling. With Brief Notes and Selected Commentary - PDF

The Sixty Sultaniyya الستون السلطانية A collection of narrations relating to Ruling With Brief Notes and Selected Commentary Compiled by الفقير إليه تعالى Abu Luqman Fathullah 2 الرحيم الرحمن االله بسم

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The Sixty Sultaniyya الستون السلطانية A collection of narrations relating to Ruling With Brief Notes and Selected Commentary Compiled by الفقير إليه تعالى Abu Luqman Fathullah 2 الرحيم الرحمن االله بسم الحمد الله الذي ا رسل رسله بالبينات وا نزل معهم الكتاب والميزان ليقوم الناس بالقسط وا نزل الحديد فيه با س شديد ومنافع للناس وليعلم االله من ينصره ورسله بالغيب ا ن االله قوي عزيز وختمهم بمحمد صلى االله عليه و سلم الذي ا رسله بالهدى ودين الحق ليظهره على الدين كله وا يده بالسلطان النصير الجامع معنى العلم والقلم للهداية والحجة ومعنى القدرة والسيف للنصرة والتعزيز وا شهد ا ن لا ا له ا لى االله وحده ولا شريك له شهادة خالصة خلاص الذهب الا بريز وا شهد ا ن محمدا عبده ورسوله صلى االله عليه و سلم وعلى ا له وصحبه وسلم تسليما كثيرا وشهادة يكون صاحبها في حرز حريز ا ما بعد ا نما الا عمال بالنيات وا نما لكل امرىء ما نوى Over the centuries there have been many collections of hadith compiled with the intention of reminding the Muslims the ahkam of Allah سبحانه وتعالى so as to apply them in their lives. The most famous, that many have read and benefitted from, is the Forty Hadith compiled by Imam Nawawi. But today the most neglected of the commands of Allah سبحانه وتعالى is the command to rule by what Allah has revealed to His Prophet. Allah سبحانه وتعالى says in His Book: و ا ن ز لن ا ا لي ك ا لك ت ا ب با لح ق م ص د قا ل م ا ب ي ن ي د ي ه م ن ا لك ت ا ب و م ه ي م ن ا ع لي ه فاح ك م ب ي ن ه م بم ا ا ن ز ل ال ل ه و لا ت ت ب ع ا ه و اء ه م ع ما ج اء ك م ن ا لح ق ل كل ج ع لن ا م ن ك م ش ر ع ة و م ن ه اج ا And We have sent down to you (O Mohammad ) this Book (the Quran) in truth, confirming the Scripture that came before it and the Mohaymin (trustworthy in highness and a witness) over it, so judge amongst them by what Allah has 3 revealed, and follow not their vain desires away from the truth that has come to you. To each among you we have proscribed a law and a clear way [TMQ 5:48] This book is a brief compilation of hadith related to ruling. It is a small selection but it is hoped that it serves to illustrate how central to Islam was its ruling system, and the manner of the just ruler as opposed to the characteristics of the evil one, and the nature of the application of the rule, the role of the Ummah in accounting those in authority, and the painful consequences if this is neglected. It is our prayer that these neglected Sunan and the countless others related to governance be revived and enacted in the Islamic world under the shade of the next Rightly Guided Khilafah. That prayer is also a promise of Allah سبحانه وتعالى who said: و ع د ال له ا لذ ين ا م ن وا م ن كم و ع م ل وا ال صال ح ات لي س ت خ ل ف نه م ف ي ا ل ا ر ض كم ا اس ت خ لف ال ذ ي ن م ن قب ل هم و لي م كن ن له م د ين ه م ا لذ ي ار ت ض ى له م و لي ب د ل نه م من ب ع د خ و ف هم ا م ن ا ي ع ب د ون ني لا ي ش ر كو ن بي ش ي ي ا و م ن ك فر ب ع د ذل ك فا و لي ك ه م ا ل فاس قو ن Allah has promised, to those among you who believe and work righteous deeds, that He will, of a surety, grant them in the land, inheritance (of power), as He granted it to those before them; that He will establish in authority their religion, the one which He has chosen for them; and that He will change (their state), after the fear in which they (lived), to one of security and peace: `They will worship Me (alone) and not associate aught with Me.' If any do reject Faith after this, they are rebellious and wicked. [TMQ 24: 55] The intention has been to present a selection of narrations which are reliable, and there are end notes regarding the various chains of narrations used other than those mentioned from the sahihain, Bukhari and Muslim. May Allah accept this work, forgive us our shortcomings, and bring victory to this Ummah. 4 ISLAMIC RULE The Khulafaa are the rulers of the Muslim Ummah Prophecy of the return of the Khilafah upon the Prophetic example Obligation of the Khilafah Obligation of a single ruler Principles of Sources of Law The Islamic Aqeedah is the basis for the State and its expansion Islam defines the rule, not the technicalities RESPONSIBILITY OF LEADERSHIP The Imam is Responsible for the Ummah Positions of ruling are not to be chased The Weighty Burden of Responsibility Leadership is based upon the policy, not personality or race politics Prohibition of Nepotism Prohibition of a woman ruler RULE OF LAW MEANS TAKING CARE OF SOCIETY BY ISLAM The Ruler who does not rule justly will be in chains on the Day of Judgement Hudood are applied even if there are those who accuse it Rule of Law is equally applied Any accused is innocent until proven guilty Dealing with non-muslims justly Oil, Water and Pastures are the whole Ummah s resources Prohibition of misappropriating others wealth Prohibition of dealing with land unjustly CRUCIAL NATURE OF RULING AND UNITY Ruling The knot of Islam upon which everything else is reliant Living under a just Imam is better than 60 years of worship The Imam is a Shield Sanctity of Muslim Blood One Muslim's pain afflicts all the Ummah Prohibition of factionalism, nationalism and wanton killing ILLEGITIMATE LEADERSHIP Corrupt Rulers are the biggest problem Cronyism corrupts Condemnation of those who support leadership for personal gain No obedience to a leader in sin The Believer has to be Politically Astute BLOCKING THE PATH Forbiddance of Being Content in un-islamic rule Treachery Prohibition of spying and oppressing your Muslim brother Prohibition of Torture Better to die alone than co-operate with corruption 5 ENJOINING THE GOOD AND STANDING FOR THE TRUTH IS A CAUSE OF SUCCESS IN THIS LIFE AND THE NEXT The tongue must be used to speak the truth if the hand cannot enforce it Society has a collective responsibility to prevent wrongdoing Accounting the Ruler Not preventing the oppressors is a cause for collective punishment from Allah Neglect of accounting results in the worst rulers, the harshest enemy and the rejection of Du a Seeking the Acceptance of the People by displeasing Allah results in humiliation THE VICTORY FROM ALLAH HAS CONDITIONS No Du a answered and no Victory unless the people account according to Islam Neglect of Dawa and Jihad is the cause of humiliation Patience and sacrifice are reasons for Victory Without the collective readiness to sacrifice, the Ummah will be humiliated ISLAM WILL RETURN, AND THE VICTORIOUS GROUP 6 ISLAMIC RULE 7 The Khulafaa are the rulers of the Muslim Ummah Hadith 1 كان ت ب ن و ا س ر اي ي ل ت س وس ه م الا ن بي ا ء ك لم ا ه ل ك ن بى خ ل فه ن بى و ا نه لا ن ب ى ب ع د ى و س ت كو ن خ ل فا ء ي ك ثر و ن قا لوا فم ا ت ا م ر ن ا قا ل فوا بب ي ع ة الا و ل فالا و ل و ا ع طوه م ح ق ه م ف ا ن الل ه س اي ل ه م ع م ن اس ت ر ع اه م The tribes of Israa'il were ruled by the Prophets, every time a Prophet deceased he was followed by another Prophet, and there will be no Prophets after me, and there will be Khulafaa (successors) and they will be many. The companions then asked What do you order us? To which the Prophet replied Fulfil your pledge of allegiance to them one after another, and give them their rights, and truly Allah will ask them about their responsibilities (Bukhari / Muslim) Commentary a. The verb تسوسھم to manage the affairs indicates that the Prophets before the Messenger of Allah also used to rule their followers, managing their affairs according to whatever had been.سبحانه وتعالى revealed to them by Allah b. Khulafaa is the plural of Khalifah, and the hadith indicates from the use of the verb يكثرون (they will be many) that there will be several after the Prophet, contradicting the claim that the Khilafah was only in existence during the period of the first 4 righteous leaders. 8 c. There is a narration which mentions the Khilafah remaining for 30 years, and as mentioned by Sheikh ibn Taymiyya this is considered to be the complete example of Khilafah upon the Sunnah and way of the Prophet, and not a restriction to say that the Khilafah was only for 30 years. And in this way the this narration and the hadith of this section are understood together. d. As mentioned by Imam Nawawi, the phrase fulfil your pledge of allegaince to them one after another indicates that it is only permitted to have one Khalifah at a time, and any other pledge given during a time when there is a Khalifah in existence is considered invalid. 9 Prophecy of the return of the Khilafah upon the Prophetic example Hadith 2 ت كو ن الن ب و ة ف ي ك م م ا ش ا ء ال ل ه ا ن ت كو ن ثم ي ر فع ه ا ا ذا ش ا ء ا ن ي ر فع ه ا ثم ت كو ن خ لا ف ة ع لى م ن ه ا ج الن ب و ة فت كو ن م ا ش ا ء ال ل ه ا ن ت كو ن ثم ي ر فع ه ا ا ذا ش ا ء ال ل ه ا ن ي ر فع ه ا ثم ت كو ن م ل كا ع اض ا في كو ن م ا ش ا ء ال ل ه ا ن ي كو ن ثم ي ر فع ه ا ا ذا ش ا ء ا ن ي ر فع ه ا ثم ت كو ن م ل كا ج ب ر ي ة فت كو ن م ا ش ا ء ال ل ه ا ن ت كو ن ثم ي ر فع ه ا ا ذا ش ا ء ا ن ي ر فع ه ا ثم ت كو ن خ لا ف ة ع لى م ن ه ا ج الن ب و ة ثم س ك ت There will be Prophethood for as long as Allah wills it to be, then He will remove it when He wills, then there will be Khilafah on the Prophetic method and it will be for as long as Allah wills, then He will remove it when He wills, then there will be biting Kingship for as long as Allah Wills, then He will remove it when He wills, then there will be oppressive kingship for as long as Allah wills, then he will remove it when He wills, and then there will be Khilafah upon the Prophetic method and then he remained silent (Ahmed) Commentary a. The hadith indicates that there will be no difference in the rule after the Prophet, in the sense that the Khilafah after him will be based upon his methodology, and follow his example. So there is unity between the Prophetic methodology and the methodology of the 10 successors in applying the rule of Islam, with the only difference being the end of the revelation which was completed before the passing of the Prophet. b. The biting Kingship refers to the misapplication of the taking of the pledge of allegiance, which was taken by force and then subsequently handed down by hereditary rule rather than by consent as exemplified to us by the example of the Prophet and the first four Khulafaa. c. The oppressive Kingship is the period of time when the Muslims were ruled by those whose rule was based upon Islam but were oppressive upon the people, as indicated by the Prophet in other narrations that the Muslims should obey their leader even if he whips their backs as long as he does not order them to commit sin. d. The last part of the hadith is a glad tiding for the Muslim Ummah, a prophecy that there will again be Khilafah established, with the Will of Allah وتعالى,سبحانه based upon the Prophetic methodology. 11 Obligation of the Khilafah Hadith 3 م ن خ ل ع ي د ا م ن طاع ة لق ى الل ه ي و م ا لق ي ام ة و لا ح ج ة له و م ن م ا ت و لي س ف ى ع ن ق ه ب ي ع ة م ا ت م يت ة ج اه ل ي ة Whoever removes his hand from obedience (to the ruler) will meet Allah with no proof for himself, and whoever dies without the pledge of allegiance (to the ruler) upon his neck dies a death of jahiliyya (Muslim) Hadith 4 من خرج من الجماعة قيد شبر فقد خلع ربقة الا سلام من عنقه حتى يراجعه من مات و ليس عليه ا مام جماعة فا ن موتته موتة جاهلية Whoever removes himself from the Jama at (the unified Muslim Ummah) by a handspan then he has taken Islam from his neck until he returns, Whoever dies and does not have a leader of the Jama at over him then his death is a death of jahiliyya (Hakim) Commentary 12 a. These ahadith show the obligatory nature of unity upon the Truth, with the expression by a handspan indicating that any disunity however small is forbidden. b. Islam obligates obedience to the consented ruler, which should be considered alongside other ahadith explaining the specific circumstance when dissension and even rebellion is permitted (such as when the ruler rules by other than Islam). c. The pledge of allegiance referred to in the hadith is the pledge taken between the ruled and ruler, as exemplified by the Prophet and the companions after him, to rule the people by the Quran and Sunnah and in return to be obeyed. d. The death of jahiliyya is an indication in the narration that to die without having the pledge of allegiance upon one s neck is prohibited, and therefore the existence of the pledge of allegiance is obligatory, which in turn necessitates the existence of the Khalifah with whom that pledge is made as mentioned by scholars such as Imam Taftazani, and also Shah Waliullah Dahlawi (in his book originally written in Persian izalatul khafa an khilafatul Khulafaa). e. In the second of the narrations this point is made explicit, with the wording of the hadith being does not have leader of the group (of Muslims) over him explaining what is meant in the first narration by the metaphor without the pledge of allegiance upon his neck. f. To establish the Khilafah is in turn obligatory from the principle whatever leads to a wajib is wajib, and this is an obligation which encompasses all of the people due to the generality indicated in the use من (whoever). 13 Obligation of a single ruler Hadith 5 فا قت لوا ل خ ل ي فت ي ن ب و ي ع ا ذا م ن ه م ا الا خ ر If the pledge of allegiance is given to 2 rulers (Khalifatain), kill the latter of them (Muslim) Commentary a. Additional proof used by the consensus that it is not permitted for the Muslims to have more than one Khalifah at any given time, as explained by Imam Nawawi as a proof for the ijma a on the issue, and indicated by previous ahadith as well. b. The order in the hadith to kill the latter of the two presupposes that all other ways to remove the second of the claimed Khalifahs have been exhausted. c. Since it is known that the blood of a Muslim is sanctified, the order to kill the second of the two is another strong indication of the obligation of unitary rule, and raises the importance attached to the issue to one of life and death. 14 The Islamic Aqeedah is the basis for the State and its expansion Hadith 6 ع ن ج ن اد ة ب ن ا بى ا م ي ة قا ل د خ لن ا ع لى ع ب اد ة ب ن ال صام ت و ه و م ريض ف ق لن ا ح د ثن ا ا ص لح ك ال ل ه بح د ي ث ي ن فع ال ل ه ب ه س م ع ت ه م ن ر س و ل الل ه -صلى االله عليه وسلم- ف قا ل د ع ان ا ر س و ل الل ه - صلى االله عليه وسلم- فب اي ع ن اه ف كا ن ف يم ا ا خ ذ ع لي ن ا ا ن ب اي ع ن ا ع ى ل ال سم ع و ال طاع ة ف ى م ن ش ط ن ا و م كر ه ن ا و ع س رن ا و ي س رن ا و ا ثر ة ع لي ن ا و ا ن لا ن ن ا ز ع الا م ر ا ه له قا ل ا لا ا ن ت ر و ا ك فر ا ب و اح ا ع ن د ك م م ن الل ه ف ي ه ب ر ه ا ن It has been narrated on the authority of Junida bin Abu Umayya who said: We called upon 'Ubada bin as-samit who was ill and said to him: May God give you health - narrate to us a tradition which God may prove beneficial (to us) and which you have heard from the Messenger of Allah. He said: The Messenger of Allah called us and we took the oath of allegiance to him. Among the injunctions he made binding upon us was: Listening and obedience (to the Amir) in our pleasure and displeasure, in our adversity and prosperity, even when somebody is given preference over us, and without disputing the delegation of powers to a man duly invested with them (Obedience shall be accorded to him in all circumstances) 15 He said: except when you see clear kufr/ disbelief which you have proof from Allah (Muslim) Hadith 7 ا م ر ت ا ن ا قات ل ال نا س ح تى ي ش ه د وا ا ن لا ا ل ه ا لا ال ل ه و ا ن م ح مد ا ر س و ل الل ه و ي ق يم وا ال ص لا ة و ي و ت وا ال ز كا ة I have been ordered to fight the people until they bear witness that there is no God except Allah and that Mohammad is the Messenger of Allah and they establish the prayer and give the Zakat (Muslim/ Bukhari) Commentary a. It is not permitted for anything within the basis of the State to be derived from other than the Islamic Aqeedah. So its constitution and its laws must be taken from the Shari ah. b. The first narration is evidence of this point since it makes deviation from the Islamic Aqeedah the basis for rebelling against the rule, in other words the rule becomes illegitimate when it begins to implement anything which has not been derived from the Islamic Aqeedah in terms of legislation. c. Other similar narrations mention not to raise the sword against the rulers as long as they establish prayer, or as long as they do not commit flagrant kufr, or they do not commit open sins against Allah All of these indicate that it is the implementation and.سبحانه وتعالى adherence to Islam that legitimizes their rule. d. As Imam Nawawi mentioned, what is meant by open disbelief is open sin, which is clearly established by the proofs of Islam and is confirmed. 16 e. There are different positions amongst the scholars regarding when it becomes obligatory to actively remove the ruler, and Qadi Iyyad is narrated as holding that if there is clear evidence of disbelief and change to the Shari ah and appearance of innovation then it becomes obligatory for the Muslims to work to remove him and replace him with a just ruler. f. It should be noted that these narrations are all in respect to the tyrant ruler who in origin was legitimate and then his rule became corrupt, or within a system that is Islamic and it is only the ruler who needed correcting. In other words they are related to the correction of the ruler within the Islamic State if he went astray rather than these rulers today who never ruled according to any Islamic basis and their systems are un-islamic in origin. g. The second narration indicates that not only is the Islamic Aqeedah the basis of the authority and government but that the Messenger of Allah did not stop at that, rather he also legislated for Jihad and made it an obligation upon the Muslims in order to carry this Aqeedah to all people. 17 Principles of Sources of Law Hadith 8 كي ف ت قض ي قا ل ا قض ي بك ت ا ب الل ه قا ل ف ا ن ل م ي ك ن ف ي ك ت ا ب الل ه قا ل ف بس ن ة ر س و ل الل ه ص لى ال ل ه ع لي ه و س ل م قا ل ف ا ن ل م ي ك ن ف ي س ن ة ر س و ل الل ه ص لى ال ل ه ع لي ه و س ل م قا ل ا ج ت هد ر ا يي How will you judge if a case is brought to you? Mu ath replied I would j
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