Refutation of the Doctrinal Positions of the Dawlat ash-Shaytan: the Three Forms of Authority

The Three Approaches to Human Endeavor

Who are these people who invite to the good, who are the ones whom Allah SWT tells us to obey along with our Prophet SAW?  Both Imam Shawkani and Sheikh al-Uthaimin mention in their Usool al Fiqh that there are three approaches to the Deen. [1] In fact, there are three approaches to any human endeavor.  Many youth in our community are tech geeks.  They are not only experts in IT, but they “live and breath” that stuff.  Their fathers, on the other hand, use services but are “tech illiterate.”  So when Dad comes to his geek son and asks him a question about internet service, and why he is not able to access his email, the son asks all kinds of questions.  Is a browser open, can he access other websites, did he try to obtain a new IP address, can he ping his DNS server, etc? Dad is lost.  So he goes away.  All he wants is a clear, concise answer.  He does not want the “details.” The “details” tend to be complicated. Although they may be fascinating to geeks, they only confuse those without expertise.

We tend to prefer duality – black and white, right and left, right and wrong.  It’s simple.  But life is not always so simple.  The world is colorful; it is a complexity.  In areas in which we are expert, we understand the complexity, but we all expect duality everywhere else. 

So, Dad just wants to get his computer problem fixed. He wants a black and white solution. So, he calls… tech support. Tech support has a script, devised by geeks, that carefully, step by step, walks ordinary users through a process to discover the problem.  Dad gets his computer fixed and everyone is happy. Every aspect of human knowledge is accessed through one of these three approaches:  Users or muqallid, tech support, and geeks.  And in relation to any field of human endeavor, we are one of these.  In fact, in most cases, we are muqallid. 

Muqaliduun

For a moment, then we need to discuss the nature of Taqlid.  It is a loaded word these days, and very much misunderstood.  The Salafi, in particular, attack South Asian Hanafis and the Tablighi Jamaat for their practice of taqlid.  The South Asian Hanafi are taqlid in relation to their mujtahids.  They follow the fatawa of their shuyuuk.  On the other hand, the Salafi hold that the fatawa and opinions of the Salaf are binding in Shariah law.  What is the difference?  Hanafis follow the fatawa of their shuyuuk without question – in other words they hold these opinions to be legally binding; and Salafis follow the opinions of the Salaf as binding, in other words they follow them without question.  There is no real difference. 

However, there is a difference between taqlid and blind following. 

al-Baqara 2:170. When it is said to them:
"Follow what God hath revealed:"
They say: "Nay! we shall follow
The ways of our fathers."
What! even though their fathers
Were void of wisdom and guidance?

al-Maida 5:104.  When it is said to them: "Come to what God
Hath revealed; come To the Apostle": They say: "Enough for us
Are the ways we found Our fathers following."
What! even though their fathers Were void of knowledge And guidance?

Luqman 31:21. When they are told to follow The (Revelation) that God
Has sent down, they say: "Nay, we shall follow The ways that we found
Our fathers (following)." What! even if it is Satan beckoning them
To the Penalty Of the (Blazing) Fire?

All of these ayaat refer to following (t-b-‘a) that is based on ra’y or opinion and not reason.  Allah SWT states this when he mentions that the fathers were devoid of either knowledge or guidance. 

Here we will briefly touch on the Theory of Knowledge.  Knowledge, as understood in Islam, is of three types:  acquired or experiential knowledge (aposteriori) obtained through the operation of the perceptions, rational knowledge (apriori) obtained through the operation of the mind; and revealed knowledge (wahy) obtained by direct revelation from Allah SWT.  As Muslims, we hold that wahy  is the most certain form of knowledge.  Here Allah SWT mentions that the ra’y or opinions of the fathers are not based on any form of knowledge, either acquired or rational knowledge, and is not based on wahy or revealed guidance either.  It is based on mere conjecture, al-dzunn. 

6:116. Wert thou to follow The common run of those
On earth, they will lead Thee away from the Way
Of God. They follow Nothing but conjecture: they Do nothing but lie.

Following al-dzunn is blind, based on speculation alone.  It is at-taqleed al-‘amaa. This is not the following of those who amru min kum.  We are actually commanded by Allah SWT to follow them.  But not blindly.  We are commanded to follow them because they are qualified and are the experts in Deen.  We follow them because we have done our due diligence and have satisfied ourselves that they are qualified, that they have the judicial authority and expertise in jurisprudence to derive fiqh and amr bi al ma’ruf wa nahi anni al munkar.

The Deen Geeks and Deen Tech Support

As we noted above, there are three approaches to any human endeavor.  Most of us are muqallid or followers in relation to most fields of endeavor.  However, we may be competent in some fields and can explain that field to others, and we may be experts in some fields.  This is no a matter of hierarchy as some, including the Salafi shuyuk, have made it seem.  We remind ourselves that the only way in which a person is better than another is in terms of taqwa.

al-Hujuraat 49:13. O mankind! We created You from a single (pair)
Of a male and a female, And made you into Nations and tribes, that
Ye may know each other (Not that ye may despise (Each other). Verily
The most honoured of you In the sight of God Is (he who is) the most
Righteous of you. And God has full knowledge And is well acquainted
(With all things).

We should never think that our approach to the Deen makes us better.  That would be to commit the sin of Shaytan.

7:12. (God) said: "What prevented Thee from bowing down
When I commanded thee?" He said: "I am better
Than he: Thou didst create Me from fire, and him from clay."

38:76. (Iblīs) said: "I am better Than he: Thou createdst
Me from fire, and him Thou createdst from clay."

Arrogance is the Sin of Shaytan.  No human should ever feel he is better than another.  The only thing that elevates us above another is taqwa and only Allah SWT can judge that.  Egotism and arrogance only lead to hell fire, as Firawn will discover.  He went so far as to say, “I am your highest Lord.”  Istaghfiru Allah.  And we know he and his followers will end up in the most severe part of hell.

Hud 11:98. He will go before his people On the Day of Judgment,
And lead them into the Fire (As cattle are led to water):
But woeful indeed will be The place to which they are led!

So, the approaches to Deen are not hierarchical, but horizontal.  And given, that what are the qualifications and characteristics of each? 

The muqallid or follow, just as the follower in any field, the following of the experts should never be “blind.”  When we seek out a doctor, we check on their credentials.  We might ask from which university they received their degree.  We might get references and ask current patience about their knowledge and ability.  We might check if there are any malpractice complaints lodged against them.  We rarely go in blind.  And it would be unwise to do so.  The same is true in matters of Deen.

A muqallid is obligated to check the credentials of his religious advisors.  Then, he should consult the advisor in religious matters, listen to the advisor’s dalil or evidence, assure himself that it is well-supported, and then follow the advice.  This was the practice of the Prophet’s followers.

Narrated Abu Huraira:

A Bedouin came to the Prophet and said, "Tell me of such a deed as will make me enter Paradise, if I do it." The Prophet (p.b.u.h) said, "Worship Allah, and worship none along with Him, offer the (five) prescribed compulsory prayers perfectly, pay the compulsory Zakat, and fast the month of Ramadan." The Bedouin said, "By Him, in Whose Hands my life is, I will not do more than this." When he (the Bedouin) left, the Prophet said, "Whoever likes to see a man of Paradise, then he may look at this man."  [2]

Many misinterpret this hadith to be about the minimum required in Ibadaat.  How wrong they are.  This hadith shows us the manners and adab of the muqallid.  The man was a Bedouin, a man who had great knowledge of the desert and desert life.  That was his expertise. He was a desert geek.  Nonetheless, he also had great taqwa of Allah, perhaps more than many so called shuyuk.  He wanted to know what Allah expected of him. So, he made inquiries and found the most knowledgeable Alim of his day.  He was lucky;  the greatest expert of his day was Rasulallah SAW.  Then, he asked him what to do, and the Prophet gave him a clear and concise answer. He gave the man “black letter law.”  Do this, and you will go to Paradise. 

In this hadith, the Prophet shows us the role of the Deen tech support, what Imam Shawkani and Shaikh Uthaimin called the “middle” approach.  One of the best Imam al-Masajid I know is Shaikh Muhammad Adly (ma’ashallah).  You ask him a question of fiqh, he will answer clearly and concisely, giving you the Qur’an verse or hadith as evidence (dalil).  That’s it.  But around ulema, he is different.  He asks lots questions.  He listens. He does his due diligence and makes certain that the Alim has looked at the issue from every side and considered all the evidence and used the minhaj that Shaikh Adly feels is the best.  Ma’ashaallah, that is his job as an Imam. 

The Deen Tech Support, Imams and Da’ias, are responsible for providing clear and concise answers in fiqh.  They should understand the basics of the minhaj of usul al fiqh used by their shuyuk, and they should memorize and understand the dalil of each position they espouse.  A muqallid is responsible to know that there is a dalil and that the position is not just made up; an Imam must know the actual dalil and be confident in the credentials and ability of the Alim he relies upon.

As for the Alim, Imam Khassaf mentions in his book, Adab al-Qadi, that the Alim, the Mujtahid, the Deen Geek must first have a proper understanding of his role and position.  The Mantle of the Prophet is heavy, terribly heavy.  Too many fling it around like a cheap t-shirt. 

In his book, Imam Khassaf accounts several hadith.  The first group can be summarized as saying that if a person exercises Ijtehad (legal reasoning) without the proper qualifications and abilities, he will go to hell.  He will go to hell!!!!  And the second group can be summarized as saying that if a person has the qualifications and abilities and fails to use them in service of the community, he will go to hell.  He will go to hell!!!. 

My sheikh gets calls in the middle of the night asking for fatwa.  I have watches as his shoulders fall and he slumps in utter submission.  The weight is enormous.  He knows the sirat over the brink of hell, for an alim, is very, very slim.

However, there is a sliver of hope.

Abu Hurairah narrated that the Messenger of Allah (ﷺ) said:

"When the judge passes a judgement in which he strived and was correct, then he receives two rewards. And when he judges and is mistaken, the he receives one reward."

حَدَّثَنَا الْحُسَيْنُ بْنُ مَهْدِيٍّ الْبَصْرِيُّ، حَدَّثَنَا عَبْدُ الرَّزَّاقِ، أَخْبَرَنَا مَعْمَرٌ، عَنْ سُفْيَانَ الثَّوْرِيِّ، عَنْ يَحْيَى بْنِ سَعِيدٍ، عَنْ أَبِي بَكْرِ بْنِ مُحَمَّدِ بْنِ عَمْرِو بْنِ حَزْمٍ، عَنْ أَبِي سَلَمَةَ، عَنْ أَبِي هُرَيْرَةَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم ‏ "‏ إِذَا حَكَمَ الْحَاكِمُ فَاجْتَهَدَ فَأَصَابَ فَلَهُ أَجْرَانِ وَإِذَا حَكَمَ فَأَخْطَأَ فَلَهُ أَجْرٌ وَاحِدٌ ‏"‏ ‏.‏ قَالَ وَفِي الْبَابِ عَنْ عَمْرِو بْنِ الْعَاصِي وَعُقْبَةَ بْنِ عَامِرٍ ‏.‏ قَالَ أَبُو عِيسَى حَدِيثُ أَبِي هُرَيْرَةَ حَدِيثٌ حَسَنٌ غَرِيبٌ مِنْ هَذَا الْوَجْهِ ‏.‏ لاَ نَعْرِفُهُ مِنْ حَدِيثِ سُفْيَانَ الثَّوْرِيِّ عَنْ يَحْيَى بْنِ سَعِيدٍ إِلاَّ مِنْ حَدِيثِ عَبْدِ الرَّزَّاقِ عَنْ مَعْمَرٍ عَنْ سُفْيَانَ الثَّوْرِيِّ ‏.‏

Reference	: Jami` at-Tirmidhi 1326
In-book reference	: Book 15, Hadith 6
English translation	: Vol. 3, Book 13, Hadith 1326

Many related this hadith these days, but they do not understand it.  It must be taken in context.  The judge must have the qualifications and abilities necessary to actually be a judge.  If he does not, he will go to hell!!!

So what are the qualifications?  A mujtahid must have knowledge of:

1. Uloom al Qur’an
2. Uloom al Hadith
3. Arabic Grammar, Nawh and Sarf
4. Logic, Mantiq
5. Balagha, Rhetoric and Ibaaraat
6. Usool al Fiqh
7. Comparative Fiqh
8. Tafsir
9. Taareekh – Religious and Secular
10. Natural Sciences and Physical Laws
11. Direct Knowledge of the Matter to be Ruled Upon

The point here is to show that our Ulema not only need to have knowledge of the contents of the Qur’an and Sunnah, but they must also be able to “think like a Muslim.”  For this reason, ijtihad is not possible without a grounding in nawh, mantiq and balaghah.  “Thinking like a Muslim” means being able to look at the complete picture, all the evidence from the Qur’an and Sunnah, as well as from empirical evidence, and using reason guided by a focus on the Maqaasid ash-Shariah in order to make well reasoned decisions and discover the strongest dalil for fiqh positions.  Only Mujtahiduun, competent in such areas, are qualified to be of those who command in religion, who amr bi al-ma’ruf wa nahi anni al munkar.  Only they are to be followed after Rasulallah SAW.  Only such a person is qualified for the Waliyyu l’amr mentioned in the Qur’an.

We must emphasize that this form of authority is not just commanding, Amr, but Waliyyu.  What is a Waliyy?  A Waliyy is not just in a position of authority over another.  He is in a position of protection and responsibility for another.  He is a sincere advisor, seeking the best interest of the other.  He is a fiduciary.  Like the director of a corporation, he has a duty to look out for the one over which he has authority.  And his authority is not autocratic.

The above position best describes the role of our Ulema’ and Qadis.  They are charged with looking out for the best interest of humanity given the guidance of the Qur’an and the Sunnah as to what that best interest is.  For Allah SWT knows best what is best for His Creation. 

Imamate – Judicial Authority

We would be absolutely wrong to assume this Waliyyu l’amr is the same as political power or executive authority.  As we said, those carrying out this Wilayat are fiduciaries. Like a director of a corporation, they are responsible for looking out for the interests of the owners.  Who is the owner then? 

In order to understand who the owner is in this case, we must understand the nature of the property owned.  If we were talking about Creation or the Earth, the owner is Allah SWT.  And He already has appointed a trustee over this property – humanity collectively.  So when Allah SWT refers to obeying Allah and His Messenger and those who are given responsibility for carrying out the commands of Allah and His Messenger, He is calling on us to individually obey Allah and His Messenger and what they have commanded, as well as to obey those who are entrusted with carrying out those commands. 

We note first that each individual is charged with this obedience.  It is a Fard al Ain.  It is not a collective duty.  We are each charged with what?  Obeying the Shariah – the Divine Legislation.  The commands of Allah and His Messenger comprise the Shariah.  As we noted, the human understanding of this Shariah is Fiqh.  Those who are Waliyyu l’amr are the humans who apply their understanding and derive Fiqh, the mujtahids and fuqaha. 

So this Waliyyu l’amr is not political authority, but the authority to derive fiqh, and advise the Ummah as to the commands of Allah SWT and His Messenger. 

That is all well and good, but who are these mujtahids and fuqaha?  How to we know they know what they are doing?  Who chooses them to be on the our Ummah’s Board of Directors?

Ah, here we find out who the owners, the shareholders, are, and of what?  Those who exercise Waliyyu l’amr are advisors to the society of Muslims, the Ummah.  Although the obligation to obey is individual, the fiduciaries advise all of us individuals, they advise society as a whole. 

This is also borne out by the fact that Shariah has two branches; fiqh al ibadaat and fiqh al mu’amaalat.  Ibadaat regulates our individual relationship with Allah.  Although our ibadaat is often congregational and communal, it is designed to address the whole human being, and humans need social interaction.  But ibadaat is not by its nature, social.  It is the mu’amalaat that address human society.  Although mu’amaalat regulates individual action as well, it is designed to create a just society where no one impinges upon the rights of others.  It then, creates a society that is capable of elevating mankind as a whole, not just as an individual. 

So continuing our analogy with a corporation, our Ummah and its Ulema or Board of Directors needs a Chairman: Our Imam.  This is Imamate.  And like the Board of Directors, he must be chosen through consensus by the Ummah.  I can find no ayat of the Qur’an or authentic Sunnah that supports the Imam being of any particular race, group or tribe.  All evidence from the hadith is far too biased to be authentic.  Sunnis claim only Quraish, but not the Bani Abdul Muttalib, and Ithna Ashari claim only descendants of Imam Hussein.  Zaydis, however, have claimed that it can be anyone of the descendants of Hassan or Hussein, as long as they call the people to action and striving in the way of Allah, and in the establishment of a true Islamic Society under Shariah.  I am not convinced that hereditary rule of any kind is called for by Islam.  Although other Prophets were followed as Imams by their descendents, and Ibrahim prayed for such, the Qur’an also reminds us that Muhammad is not the father of any man among you.  He is the khatma al anbiyya.  He has no successors in wahy or nubuwwah.  Moreover, Allah notes in the Qur’an:

11:46. He said: "O Noah! He is not of thy family:
For his conduct is unrighteous. So ask not of Me
That of which thou Hast no knowledge!
I give thee counsel, lest Thou act like the ignorant!"

Heredity alone does save you or make you better.  Allah SWT also notes this with Ibrahim asks Allah to bless all of his descendents and Allah SWT agrees, but only for those that are righteous. 

2:124. And remember that Abraham Was tried by his Lord
With certain Commands, Which he fulfilled:
He said: "I will make thee An Imām to the Nations."
He pleaded: "And also (Imāms) from my offspring!"
He answered: "But My Promise Is not within the reach
Of evil-doers."

To understand Imamate, we must look to Ibrahim. Ibrahim AS is our first Imam, appointed by Allah SWT. He asks to be Imam, and also asks Allah SWT to make his sons Imams.  Allah agrees, but only if those sons are righteous.  Allah teaches us that Imamate depends on the quality of the person, not heredity. 

So does Allah SWT appoint Imams? Or are they chosen by the Ummah they stand before?  Historically, Allah SWT does not appoint, but He makes Imams.  He grants these men the character and abilities that would qualify them to be the best Imam for that time, place and people.  Then, it is up to that Ummah to freely choose that Imam as their Imam.  Such was Imam Ali ibn Abi Talib and Imam Hussein. 

Our Imams emerged from the Ummah, growing up within it, gaining the qualities and abilities necessary to lead it, and also gaining the trust of the people who they would lead.  Allah notes in the Qur’an that one of the indicia of trustworthiness of the Prophet, was that he had lived a lifetime among the people.[3]  They are the ones who named him Amin.  So, too our Imams.  In fact all of our greatest scholars have been referred to as Imam – Imam Abu Hanifa, Imam Zaid, Imam Shafii, Imam Malik, Imam Jaa’far and Imam Ahmad. 

Amirate– Enforcement Authority

The Imamate discussed above is judicial in nature, advisory, not involved with enforcement of the law.  So who has the enforcement authority in Islam?  Going back to our corporate analogy, a company needs a Board and Chairman to advise the company on policy, but it also needs an Executive Committee and a Chief Executive Officer or CEO, in other words the chief enforcement officer of the law.

 The Imam bears the ultimate responsibility for guidance, and the ultimate responsibility for amr bi al ma’ruf wa nahi anni al munkar.  Not through dictatorial means as some might assume, but through being a role model and a shaheed, a witness. 

Likewise, the role of the Amir al Mu’mineen provides leadership in emergencies, directs us in times of crisis, ensures our Ummah achieves its goals and objectives, and oversees  enforcement of the Shariah.  The Amir is the CEO of the Executive Committee, and it is the Executive Committee that is tasked with enforcement of the Shariah. So, the Amir al-Mu’mineen is our Executive, and those who assist him in carrying out his duties are our government or hukumat.

So, our Ummah corporation is advised by the fiduciary fuquha, including the Chairman Imam and the Board of Directors. They derive the fiqh or human understanding of the Shariah from the Source, the Qur’an and Sunnah.  And they command to the best of behavior and advise against munkar, behavior that negatively impacts individuals and society. They form the judicial branch.  They do not form the legislative branch, as the sole legislator is Allah SWT. The shareholders, the owners, of this corporation are the individual Muslims.  And the CEO and Executive Committee is our enforcement branch.

---

[1] Biography of Imam Shawkani; Usool al Fiqh, al-Uthaimin.

[2] Sahih al-Bukhaari, Vol. 2, #480

[3]  Quran, Surah Yunus 10:16.

Refutation of the Doctrinal Positions of the Dawlat ash-Shaytan: Khalifat and Wilayat

This paper has been published in its entirety with Arabic script for the Quranic citation on Academia.edu

One of the central doctrines of the so-called Jihadis, as well as the Dawlat al Shaytan, has been that fighting is prescribed upon the Muslims and that it is Fard al Ayn, an individual religious obligation, similar to the Fard al Ayn of Prayer and Fasting.  While it is true that jihad is a Fard al Ayn, the Jihadis have chosen to ignore evidence from both the Qur’an and the Authentic Sunnah which correctly explains this obligation. 

However, before we begin a discussion of this evidence, we must first address the the nature of religious and secular authority in Islam, as well as evaluate the claims of Abu Bakr al Baghdadi to both forms of authority.  In doing so, we will look at the following:

1.      The Nature of Authority in Islam

2.      Khalifat vs Imamate

a.       Khalifat al Insaniyyah

b.      Khalifah fi al Ard

c.       The Three Forms of Authority

                                                                           i.      Legislative

                                                                         ii.      Executive/Enforcement

                                                                        iii.      Judicial

d.      Khalifat vs Wilayat

e.       Wilayat and Waliyyu l’amr

f.        The Three Approaches to Any Human Endeavor

                                                                           i.      Taqlid

                                                                         ii.      The Deen Geeks and Deen Tech Support

                                                                        iii.      Qualifications of an Alim

1.      Discussion of Adab al Qadi, by Imam Khassaf

2.      Knowledge of Qur’an and Sunnah

3.      Training in how to think like a Muslim – understanding of mantiq, rhetoric, and grammer

4.      A Rational Minhaj of Usul al Fiqh

5.      Direct understanding of the subject upon which he is issuing a ruling

g.       Imamate – Judicial Authority

h.       Amirate – Enforcement Authority

                                                                           i.      Wilayat al Ummah – Political Power

                                                                         ii.      Enforcement Authority

i.         Historical Conceptions of Wilayat

                                                                           i.      Umayyad position on Khalifat

1.      Plato’s Republic and Philosopher Kings

2.      Mu’atazillah doctrine

                                                                         ii.      Abbasi position on Khalifat

                                                                        iii.      Imamate theory on religious authority

1.      Imam Zaid - Zaidi

2.      Imam Ja’afar – Ithna Asharah

                                                                       iv.      Ibn Taymiyya’s position on Khalifat

                                                                         v.      Khomeini’s Wilayat al Faqih

                                                                       vi.      Baqir al Sadr’s Wilayat al Ummah

After considering these issues, we will address the correct response of our Ummah to the threat posed by the Dawlat ash-Shaytan. In doing so, we will address the correct understanding of Jihad.

1.      The Meaning of Jihad/Striving in the Path of Allah

2.      The Hukum Shariah of Jihad:  Fard al Ayn vs Fard al Kifayah

3.      The Hukm Shariah of Qitaal and its Shuruut

4.      The Purposes of Jihad and Qitaal

a. The Maqaasid ash-Shariah

b. Permissible Reasons for Qitaal

c. Permissible Means of Qitaal

Next we will evaluate the claims of Abu Bakr al-Baghdadi to Khalifat by considering the following:

1.      The Khalifat is not authentic Sunnah, and an Amir only has the Power of Enforcement, not Legislative Power or Judicial Power.

2.      He is supposedly Ahl al Bayt, (Husseini), hence under the fiqh of the Sunni Madhahibs, he is not eligible to be Khalif. 

3.      He was not elected by the Ummah or agreed upon by Shura’

4.      He is not eligible to be an Imam, in the Ithna Ashari sense, because he is not the eldest son of Al-Ashkari, and he is not eligible to be a Marja’ because he lacks religious qualifications to be a Alim, Mujtahid, Mufti or Religious Authority.

5.      He may be eligible to be an Imam in the Zaidi sense, because he is supposedly of Ahl al Bayt, and he is willing to lead Jihad. However, he does not have the religious knowledge, and being a Zaidi Imam does not mean he is Imam of all the Ummah, but only Imam for those who choose to follow his leadership.

            Finally, we will address discrete acts of the group known as the Dawlat al-Islamiy, showing that their actions clearly violate Shariah law, and that these acts constitute acts of hirabah, punishable by the Qur’anic Hadd punishments.  Moreover, we will also show that their doctrines and positions take them out of the Deen of Islam, and render then Khawaarij.  Finally, because their actions constitute a clear threat to the Deen of Islam and to Muslims, it becomes a Fard al Ayn to counter their actions with comparable actions, including Qitaal.

The Nature of Authority in Islam

            Power, Dominion and Control. So much human energy has been exhausted over these intangible ideas.  What is power? The ability to bind others to action, to change, to alter, and to compel their behavior… What gives us this power?  How do individuals gain control over the behavior of other individuals? 

            In The Republic, Plato explores the nature of human society. [1] We are individuals, yet we must come together in a society.  Initially, our societies were small, no more than extended families.  But, later these expanded into larger and larger tribes, and finally, we developed agriculture and decided to move into settlements together.  Often the housing compounds within these settlements were arranged by tribe or group identities.  Consider, for instance, the compounds of Giza, Egypt; were the work groups who built the Pyramids lived, prepared food, and planned their daily labors.  [2]

We are each born with a fitrah, an innate sense of right and wrong, which is reinforced by our upbringing.  However, humans require more than just a sense of right and wrong.  Over the years we have discovered that other animals use tools and can even perform complex problem solving tasks. [3] Science is finding less and less ways in which we are special.  But, there is one way in which we are special.  We have free will and the moral responsibility that comes with it.  Morality is not just the understanding of right and wrong.  Morality is complex.  Allah SWT placed Adam and Hawa in the Garden with their fitrah.  Then what happened? 

Allah SWT says in the Qur’an:

[4]

2:30. Behold, thy Lord said to the angels: "I will create
A vicegerent on earth." They said:
"Wilt Thou place therein one who will make
Mischief therein and shed blood?—
Whilst we do celebrate Thy praises
And glorify Thy holy (name)?"
He said: "I know what ye know not."

31. And He taught Adam the nature
Of all things; then He placed them
Before the angels, and said: "Tell Me
The nature of these if ye are right."

32. They said: "Glory to Thee: of knowledge
We have none, save what Thou
Hast taught us: in truth it is Thou
Who art perfect in knowledge and wisdom."

33. He said: "O Adam! tell them
Their natures." When he had told them,
God said: "Did I not tell you
That I know the secrets of heaven
And earth, and I know what ye reveal
And what ye conceal?"

34. And behold, We said to the angels:
"Bow down to Adam: "and they bowed down:
Not so Iblīs: he refused and was haughty:
He was of those who reject Faith.

35. We said: "O Adam! dwell thou
And thy wife in the Garden;
And eat of the bountiful things therein
As (where and when) ye will; but approach not this tree,
Or ye run into harm and transgression."

36. Then did Satan make them slip
From the (Garden), and get them out
Of the state (of felicity) in which
They had been. We said:
"Get ye down, all (ye people),
With enmity between yourselves.
On earth will be your dwelling-place
And your means of livelihood—
For a time."

Here we see that Shaytan was able to present twisted arguments to fool Adam and Hawa into disobedience.  Their sense of right and wrong was overcome.  When confronted with a more complex issue, something that was not bi-polar, black and white, they were unable to determine if it was wrong, and hence should be avoided.  Then they ate the fruit.  The fruit was from the tree of the knowledge of good and evil, the knowledge of morality.  And once they had tasted of this distinction, they felt ashamed.  There is a hadith of Rasulallah that states,  On the authority of Abu Masood Uqbah ibn Aamr Al-Ansaari, may Allah be pleased with him, who said: The Messenger of Allah (peace be upon him) said, ‘From the words of the previous prophets that the people still find are: If you feel no shame, then do as you wish.’” (Recorded in Bukhari).

Shame is a natural response to immorality.  And once Adam and Hawa realized that they felt ashamed because they had disobeyed Allah, they fell down immediately and begged forgiveness – they exhibited tawbah.  And Allah SWT forgave them and told them that He would send down to them words of inspiration – wahy – to guide them in exercising this thing called morality. 

al-Baqara, 2:37. Then learnt Adam from his Lord
Words of inspiration, and his Lord
Turned towards him in repentance; for He
Is Oft-Returning, Most Merciful.

We are individuals, and we are free.  We were given free will by our Creator.  If we lived a solitary existence, we could do what ever we please.  We could gratify every desire without thought to any limitation.  Our only consideration would be the Pleasure of Allah, assuming we believed in Him. However, we live in societies, and thus, we must limit our freedom in such a way to account for the right to freedom of others in that society.  But there are those who overstep limits, whose desires overcome inhibitions against stepping on the rights of others.  For what ever reason, they do not care about the others, and some even enjoy hurting others and usurping their rights.  Hence, we have developed a need to restrain these individuals by spelling out the limits of human behavior and enforcing those limits in some manner. 

Other social animals also have rules and they enforce them.  For example, baboons live in large complex groups.  The young baboons are given some latitude in their behavior, but they learn the social rules by behaving and then observing the response.  “Good” behavior is rewarded with pleasurable company and a satisfying grooming session, and “bad” behavior is met with a cuff to the head, a bite, or even a terrifying chase by the dominant male. [5] However, these rules are black and white.  And enforcement is immediate, without recourse.

On the other hand, humans are moral beings.  And morality, being more complex, requires careful thought before enforcing punishment.  It requires judgment, and justice.

Allah SWT has given us every tool to enable us to make moral decisions.  But, we are also free.  We can choose to act immorally.  This is what the Malaaikah feared when they mentioned that this creature Allah SWT was about to place as Khalifah upon the Earth, could make mischief and shed blood.  Allah SWT responded that He knew that which they did not.  He also gave mankind words of guidance – revelation.  Revelation of Shariah, the Divine Law, and the Criteria – the Furqan and Hikmah – that enable it to be applied are essential to human society.  Certainly, the history of man reveals that human-created laws, while occasionally starting out fairly, too often end in bias, discrimination, and injustice.  What is the cause of this tendency to treat each other unfairly, unequally? 

In the 1970’s, the psychology department at Stanford University conducted an experiment in power.  In the Stanford Prison Project, graduate students were recruited to role play the parts of prisoners and guards.  Guards were given the power to discipline the prisoners by using mild electric shocks.  What the researchers discovered was horrifying.  Ordinary students, the sons and daughters of middle class families, “good” people became sadistic, deriving pleasure and a sense of control and power by torturing their fellow “prisoner” students.  The “prisoners” because depressed and showed signs of extreme stress. The department quickly pulled the plug on the planned two week project after six days.  The experiment proved the adage that power corrupts and absolute power corrupts absolutely.[6]

Certainly, there are those who exceed limits, and so they must be restrained.  Shariah Law is the restraint upon behavior set down by Allah SWT.  However, in order for any law to have teeth, it must be enforced.  Who enforces it?  Allah SWT is capable of enforcing it, of course; but He has also placed enforcement in the hands of those who are the guardians of the Earth, mankind. The power of enforcement is essential for justice. Without the power to enforce, the law would be toothless.

Khalifat al Insaaniyya

Our Earth was created by Allah SWT and he has the ultimate dominion and control over this world. It is His.  In Western belief, the earth belongs to mankind.  We can do with it what we want. But in Islam, Allah makes it clear it is HIS! His is the ultimate authority.

2:255. God! There is no god But He,—the Living,
The Self-subsisting, Eternal.  No slumber can seize Him
Nor sleep. His are all things In the heavens and on earth.
Who is there can intercede In His presence except
As He permitteth? He knoweth What (appeareth to His creatures
As) Before or After Or Behind them.
Nor shall they compass Aught of His knowledge
Except as He willeth. His Throne doth extend
Over the heavens And the earth, and He feeleth
No fatigue in guarding, And preserving them
For He is the Most High, The Supreme (in glory).

Allah (SWT) also says:

2:168. O ye people!
Eat of what is on earth,
Lawful and good;
And do not follow
The footsteps of the Evil One,
For he is to you
An avowed enemy.

Therefore, Allah makes it clear from this ayat, that while we are permitted to take our sustenance from the earth, but we must also observe limits.  We do not have a blank check; we do not have carte blanche.

And lest we forget, we are ourselves created from this very Earth. 

30:20. Among His Signs is this, That He created you
From dust; and then,— Behold, ye are men
Scattered (far and wide)!

With these verses of the Qur’an, Allah informs humanity that He (Allah SWT) is the vested owner of all that is in the heavens and the earth, and all in between and any right or interest a human has in property is contingent upon that ultimate divine ownership. 

The concept of dual ownership [human being-God] is one of the special

features of the Islamic doctrine of economics.  Islam protects and endorses

the personal right to own what one may freely gain, though legitimate

means … . It is a sacred right.  Yet human ownership is tempered by the

understanding that everything, in the last analysis, belongs to God… .

What appears to be ownership is in fact a matter of trusteeship, whereby we

have temporary authority to handle and benefit from property.  [7]

The Islamic concept of property ownership in Islam is therefore quite different from that of English or American Common Law.  Under American law, there are two forms of ownership of land, private ownership and state ownership, and a private owner’s use and enjoyment of the land is only tempered by compelling state interests in the protection of the health and safety of other members of society.  However, in Islam, we find five basic forms; commonage held by all humanity and administered by the state (afraq or metruke), state owned property (hima or miri), charitable trust property (waqf), communally or jointly owned property (shuyuu) and individual private ownership (mulk). 

All of these forms of ownership are tempered by both the rights of others and the rights or huquq of Allah – the ultimate owner.

The point is that mankind may have rights to this earth and all that is upon it, but those rights are not unlimited.  We have to consider the rights of others and the rights of Allah. These rights, Huquq al-Allah and Huquq an-Insaan, have a direct bearing on the nature of the office given to Man by Allah, the Khalifah fi al Ard.

Khalifah fi al Ard

The term khalifah comes from the Arabic root, Kh-L-F, which implies being a successor, coming after another.  But to whom are we the successors?  Certainly not to Allah!  No one can succeed Him, and He has clearly retained His authority and dominion.  So He has no successor.  However, He did charge another being with the care of the Earth, the Malaaikah.  So what was the role of the Malaaikah?  Did they just abide here, or did they have some form of responsibility here or duties they carried out upon the Earth? 

Allah SWT is the ruler of the Heavens and the Earth and all in between. The Malaaikah were not rulers on Earth.  Instead, they acted as agents of Allah SWT, doing His bidding, and serving Him.  They were responsible for carrying out His commands. In short, they were responsible for enforcing His commands.

97:4. Therein descend The Malaaikah and the Ruh By God's permission,
On every command (min kulli amrin)

The Malaaikah did not issue the commands, they enforced them, they carried them out. We, then, were named by Allah SWT to be the successors to the Malaaikah upon the Earth.  

In understanding the nature of Khalifat al Ihsaniyyah, we understand that it was bestowed upon us by Allah.  And while the term khalifah might imply succession, it does not imply succession of Allah’s dominion.  Allah SWT has Qadaa wa Qadar – Dominion and Control.  We are instead, successors to the Malaaikah as the ones responsible for acting as agents of Allah, His servants, and as trustees of Allah’s property, the Earth.  We are successors to the enforcement authority.

7:128. Said Moses to his people:
"Pray for help from God, And (wait) in patience and
constancy: For the earth is God's, To give as a heritage
To such of His servants As He pleaseth; and the end
Is (best) for the righteous.

Three Forms of Sultaniyyah

In any social system there are three forms of authority or Sultaniyyah.  Max Weber “defined authority as occurring when there is a probability that people will obey a specific command. He defined legitimate authority as occurring when people obey the authority because they regarded it as rightful.”[8]  He divides types of authority into traditional, legal/utilitarian, and charismatic.  All of these types depend on power to enforce their authority.  Power is of two types, by dominance, and by influence. [9] Tyrannies rule by dominance through direct and continuous control.  Democracies claim to rule by consent and influence, by indirect control. [10]

In order for a society to be able to control human behavior, the people in that society must know the rules.  They must be afforded an opportunity to follow the rules.  Therefore, any authority must have the ability to make law, what we call legislative authority, and be able to enforce the law, what we call executive authority.  Furthermore, in order to hold people to account for their actions and carry out punishments for infractions of the law, the people must have access to a system for addressing grievances and infractions of the law.  We call this judicial authority.  This tri-partite system of governance of human affairs is referred to Islamically as Wilayat.  

Khalifat vs Wilayat

So is there a difference between the khalifat described in the Qur’an and this concept of wilayat?  In his discussion of the difference between the Islamic economic system and the Capitalist and Communists systems, Sayed Muhammad Baqir al Sadr also notes that khalifat is collective. [11]  It belongs to all Mankind, and is not the province of an individual.  However, his translators at least, and many others seem to equate the term with Waliyyu l’Amr, a term we shall endeavor to define shortly, Inshaa llah. 

As humans, we are individuals, but we are also social.  We require society to survive.  This is born out by science.  Feral children, raised in isolation, if not socialized at the appropriate age, will die.  Moreover, solitary confinement in prisons has been shown to lead to insanity.  The resulting depression and insanity can lead to death.  Anthropologists have a saying, “A lone ape is a dead ape.”  We are by necessity, social.[12]

Islam assumes we are individuals, capable of individual action and responsibility.  Over and over, Allah SWT tells us in the Qur’an we are each, as individuals, responsible for our own souls.  And no one can bear the burden of another.  Moreover, many acts are individually obligatory, the Fard al Ain.  Prayers, fasting, Hajj, etc may have communal components, but each person is obliged to perform these acts of Ibadaah.

However, Islam also recognizes our social collective nature.  We worship in jama’a.  We do all of our acts of Ibadah communally, including Hajj.  Each act of worship in Islam has individual and collective components that speak to the full human being.  Moreover, we have certain duties that are Fard al Kifayyah – collective responsibilities.  Islam does not make each person responsible for these acts, only the whole community, but if no one is performing them, then the responsibility becomes individual, a Fard al Ain.  An example is knowledge of inheritance law. [13] Not everyone needs to know it, but if it were in danger of being lost, everyone would be responsible for it, until such a time as someone came forward and assumed that responsibility.

So is khalifat related to our natural individual aspect or our social aspect?  Are we each individually Khalifah?  Is khalifat Islamically a Fard al Ain?  If so, what would that responsibility be?

If khalifat meant rule or wilayat over the Earth, then we would be the successor to the one who originally ruled and had authority – Allah SWT.  Istaghfirullah.  This is patently false.

7:128. Said Moses to his people:
"Pray for help from God, And (wait) in patience and
constancy: For the earth is God's, To give as a heritage
To such of His servants As He pleaseth; and the end
Is (best) for the righteous.

Moreover, if khalifat was about waliyat or rule, there would be a shariah or law which we, as rulers, would enforce.   However, the laws governing the Earth, the natural laws, are only enforceable and actually enforced by Allah SWT.  We do not enforce gravity, physics, chemistry, geology etc.  We may discover these laws, but we are in no way in authority to enforce them.  We are only subject to them, willingly or unwilling, like every other created thing.

Shariah or Divine Legislation and its human understanding, fiqh, are the only laws enforceable by man.  And these laws only touch human society. 

So the meaning of the term “khalifah” is not rule by humanity over the Earth.  What then, is it?  What were the Malaaikah doing here?  We learned before they were serving Allah SWT unquestioningly.  Allah SWT says, “ I have not created men and jinn except to worship me.”  The Arabic term implies not only worship, but servitude – Uboodiyah.  We were made successors upon this Earth to serve Allah and treat the Earth and its inhabitants as Allah orders us to do so.  In doing so, we are successors of the Malaaikah in carrying out the commands of Allah SWT.  We are charged with enforcement.

Allah SWT tells us we should not waste; we should not hoard or prevent others from obtaining their needs.  This applies to all living things, not just people.  We all know the hadith about the woman who locked her cat in a closet and refused it food, as well as the one about a prostitute who gave water to a thirsty dog.  No matter what your opinion regarding the authenticity of these reports, no one can deny that we have not only reciprocal human responsibility but also responsibility toward all Creation because we are human and the most honored of all creatures by Allah SWT. 

Our khalifat is collective, a Fard al-Kifayyah, to be just to all living things, and even to inanimate creation.  This is borne out by the Surah al Zilzaal.  Mankind will be collectively judged for his treatment of the Earth.

99:4 That day she will relate her chronicles,

5 Because thy Lord inspireth her.

6 That day mankind will issue forth in scattered groups to be shown their deeds.

The true nature of khalifat is not rule and command over Creation, but trusteeship and stewardship of the Earth, as servants of Allah SWT.  We are tasked with carrying out and enforcing Allah’s will upon the Earth.  But what is the nature of that enforcement authority and what “law” are we enforcing?

Wilayat and Waliyyu l’Amr

What then is Waliyyu l’amr?  As we noted above, it is tied to our social aspect.  Command can only be through Law, and since natural laws are enforced by Allah SWT, then for humans, the only law that we have the ability to enforce is social law.  In Islam, our social law is sourced in the revelation provided by Allah SWT.  He is the Divine Legislator and Shariah is the Divine Legislation.  Mankind then, is tasked with understanding that law in Fiqh, and enforcing it in Justice

an-Nisaa,  4:59 O ye who believe! Obey Allah, and obey the messenger and those of you who are in authority; and if ye have a dispute concerning any matter, refer it to Allah and the messenger if ye are (in truth) believers in Allah and the Last Day. That is better and more seemly in the end. 

The Qur’an tells us to obey Allah and His Messenger, and those empowered with Amr from among you.  Those who have been empowered with Waliyyu l’amr are those who are mentioned in Surah al-Imran

Al-Imran 3:104. Let there arise out of you A band of people
Inviting to all that is good, Enjoining what is right,
And forbidding what is wrong: They are the ones To attain felicity.

These people are those who call to the best of behavior and civility.  They command what is good and prohibit what is evil.  They call to not only right and wrong, but to moral and ethical action.  And they are the ones who are successful. 

---

[1] The Republic, Plato, trans. Benjamin Jowett, http://classics.mit.edu/Plato/republic.html, accessed March 23/2015.

[2] “Giza Secret Revealed: How 10,000 Pyramid Builders Got Fed,” Owen Jarus, Live Science Website, 4/23/2013,  http://www.livescience.com/28961-ancient-giza-pyramid-builders-camp-unearthed.html, accessed 3/23/2015.

[3] Jane Goodall discovered tool use by chimpanzees, and studies on crows show they also break off twigs and modify them to perform certain tasks.  See  People of the Forest , a documentary about the chimps of Gombee reserve, and A Murder of Crows, a documentary on crows.

[4] All ayaat of the Qur’an in Arabic are taken from the Hypertext Quran website:  http://www.sacred-texts.com/isl/htq/index.htm.

[5]  See, “Baboon Social Life”, Amboseli Baboon Research Project Website, http://www.princeton.edu/~baboon/social_life.html, accessed 3/23/2015.

[6] The Stanford Prison Experiment Website, http://www.prisonexp.org/, accessed 3/23/2015;  Ðemostrating the Power of Social Situations via a Simulated Prison Experiment,” American Psychology Association Website, http://www.apa.org/research/action/prison.aspx, accessed 3/23/3015. 

[7] Siraj Sait and Hilary Lim, Land, Law and Islam: Property and Human Rights in the Muslim World, (Zed Books, London 2006) 1. (quoting Abdul Rauf 1984:19). See also Sayed Muhammad Baqir Al-Sadr, Iqtisaduna, Vol II, English Trans. Pp. 49-52. 

[8] “Weber’s Three Types of Legitimate Authority,” Power Point Presentation,  Slide 1, http://home.ku.edu.tr/~musomer/Lecture%20Notes/intl204%20State-authority.pdf, accessed 3/24/2015.

[9] Id.

[10] Although democracies claim to rule by agreement, many use propaganda, advertising and brain washing to control people and ingrain obedience. Only Islamic Shura Consensus government and other forms of consensus-based governance, such as Native American governments, truly rule by agreement and consent, and obtain authority through positive, non-coercive influence.

[11] Iqtisaduna, Muhammad Baqir al-Sadr, Vol. II, English Trans. P. 54

[12] See  “The Heartbreaking Case of Genie,” Christina Sterbenz, Business Insider Website, 10/9/2013, http://www.businessinsider.com/critical-period-for-language-acquisition-2013-10, accessed 3/23/2015; See also the following for famous cases of feral children.   “Ten Modern Cases of Feral Children,”  Fritha Keith, List Verse Website, 3/7/2008, http://listverse.com/2008/03/07/10-modern-cases-of-feral-children/, accessed 3/23/2015;  See the following on solitary confinement, “Alone, in “the hole,” Kirsten Weir, American Psychological Association Website, May 2012, vol 43, no. 5, http://www.apa.org/monitor/2012/05/solitary.aspx, accessed 3/23/2015.

[13]  Abu Hurairah narrated that the Prophet SAW said, “O Abu Hurairah, learn faraa’id (inheritance law) and teach it to them.  Indeed it is half of knowledge.”  This has been interpreted to mean that that knowledge of faraa’id is a Fard al-Kifayah, a communal obligation and at least one person in an area must have knowledge of it.  Islam versus Gender Equality: Magaji Chiruma, Umar Suleiman Abbo-Jimeta, Laminu Bukar,  p. 268, EU Journal Website,  http://eujournal.org/index.php/esj/article/viewFile/3801/3617, accessed 3/23/2015.