Hanafi Ulema on Khilafah and its Fiqh

Ulama of the Hanafi madhhab, like those of the other madhahib, emphasised the role and importance of the Khilafah throughout the ages. In many respects, they had more to say about issues of ruling and governance than other ulama since many khulafa – the Abbasids and Uthmanis in particular – adopted the Hanafi madhhab and sought advice and rulings from the Hanafi ulama of their times. For example, the Abbasid Khalifah Harun al-Rashid wrote to Abu Yusuf (rh), the student and companion of Abu Hanifa (rh), asking him questions about how to manage the finances of the state. Abu Yusuf wrote back with his famous and excellent treatise entitled al-Kharajdetailing many of the Shari’ah rules regarding state finances.

In this article we have a look at some of what the Hanafi ulama said about the Khilafah, noting that this should be of particular interest to the ulama, students of shar’i knowledge and activists of Pakistan, who predominantly follow the Hanafi madhhab.

Imam al-Nasafi (d. 537 AH) highlights the importance of the Khilafah in his famous treatise on aqa’id (creed) entitled Aqa’id al-Nasafiyya (p. 354):

والمسلمون لا بد لهم من إمام يقوم بتنفيذ أحكامهم وإقامة حدودهم وسد ثغورهم وتجهيز جيوشهم وأخذ صدقاتهم وقهر المتغلبة والمتلصصة وقطاع الطريق وإقامة الجمع والأعياد وقطع المنازعات الواقعة بين العباد وقبول الشهادات القائمة على الحقوق وتزويج الصغار والصغائر الذين لا أولياء لهم وقسمة الغنائم 

“The Muslims must have an Imam, who carries out the implementation of their ahkam, the maintaining of their hudud, the guarding of their frontiers, the equipping of their armies, the receiving of their alms [zakat], the subjugation of those who rebel, thieves and highway robbers, the establishment of jumu’a and the two ‘Eids, the settlement of disputes which take place amongst people, the receiving of evidence based on legal rights, the facilitation of the marriage of the young men and women who have no guardians, and the distribution of the booty.”

He emphasises here how important the Khilafah (Caliphate) is in Islam, showing that so many of the fundamental Islamic obligations depend on it and cannot be fulfilled properly without it.

In commenting on this statement of Nasafi (rh), Imam Sa’d al-Din al-Taftazani (rh)- a Shafi’i scholar but one who wrote the most renowned commentary on Aqa’id al-Nasafiyya and also a prolific author of brilliant works widely studied in the madaris of Pakistan, such as his Mukhtasar al-Ma’ani in balagha – says,

ثم الإجماع على أن نصب الإمام واجب وإنما الخلاف في أنه هل يجب على الله تعالى أو على الخلق بدليل سمعي أو عقلي. والمذهب أنه يجب على الخلق سمعاً، لقوله عليه السلام: ((من مات ولم يعرف إمام زمانه مات ميتة جاهلية)) ولأن الأمة قد جعلوا أهم المهمات بعد وفاة النبي عليه السلام نصب الإمام حتى قدموه على الدفن، وكذا بعد موت كل إمام، ولأن كثيراً من الواجبات الشرعية يتوقف عليه 

“There is (scholarly) consensus on the appointment of an imam being obligatory. The difference of opinion is only on the question of whether the obligation is on Allah or man, and whether is it by textual or rational evidence. The correct position is that it is obligatory upon man by the text, due to his saying (saw), ‘Whosoever dies not knowing the Imam of his time dies the death of jahilliyah’, and because the Ummah (the companions) made the appointing of the Imam the most concerning of important matters after the death of the Prophet (saw) to the extent that they gave it priority over the burial; similarly after the death of every imam, and also because many of the other shari’a obligations depend upon it.” (Sharh al- Aqa’id al-Nasafiyyah, p.353-354)

Imam al-Taftazani (rh) mentions a number of important points here. First, he notes that there is ijma’ of the ulama that the Khilafah is an obligation on the Ummah. As for the difference he alludes to, he is referring to the disagreement of the Shi’a, who held that it was obligatory but on Allah (based on their belief that Allah appoints the imams) and the Mu’tazila, who held that it was an obligation based on the mind (based on their usul in which the mind can establish certain obligations). However, he notes the correct position held by all the scholars of the four madhhabs that it is an obligation on man based on the text.

Second, he cites one narration of the hadith in Sahih Muslim in the chapter of Imamah (governance) whereby the noble Prophet (saw) said,

«مَنْ مَاتَ وَلَيْسَ فِي عُنُقِهِ بَيْعَةٌ مَاتَ مِيتَةً جَاهِلِيَّةً» 

“Whosoever dies without having a pledge of allegiance (to a Khalifah) on his neck, dies a death of Jahilliyah.”Dying a death of jahilliyah here denotes prohibition, as noted by Ibn Hajr in Fath al-Bari.

Third, he mentions the well-known fact that the noble Sahaba considered the Khilafah of such utmost importance that they delayed the burial of the noble Prophet (saw) for it, giving it priority. Fourth, he explains its importance above other obligations in that it is not just an obligation but one on which other obligations (such as the ones mentioned by Nasafi (rh)) depend, therefore of the highest priority.

It is also relevant to note here that all this discussion about the Khilafah is taking place in a book on Aqeedah, even though the Khilafah is a matter of fiqh, not belief per se. This is because the Khilafah was a matter on which certain Islamic madhabs with wrong beliefs held wrong positions. Therefore the matter entered debates that had their origin in creedal matters, and since it was a matter of great importance in Islam, scholars discussed it in books of Aqeedah.

This is also why many scholars referred to it as the Imamah, since this was the popular term used in debates with some of these madhhabs, like the Shi’a. It should be noted, however, that Imamah and Khilafah are synonymous terms, both referring to the political leadership of all Muslims entrusted with the duty of implementing Islam. Imam and Khalifah are also synonymous, referring to the person in whom this leadership is manifest, or in modern parlance, the head of state in the Khilafah. The noble Prophet (saw) also used both words in when speaking about the matter. For example, in the hadith of Muslim which underscores the importance of the Khilafah’s unity he (saw) said,

«إِذَا بُويِعَ لِخَلِيفَتَيْنِ فَاقْتُلُوا الآخَرَ مِنْهُمَا»‏ 

“If the pledge of allegiance is given to two Khalifah’s, kill the latter of them,”while in the hadith of the Khalifah being a shield, also in Muslim, he (saw) said,

«إِنَّمَا الْإِمَامُ جُنَّةٌ يُقَاتَلُ مِنْ وَرَائِهِ وَيُتَّقَى بِهِ»

“Indeed, the Imam is a shield…”.

Shah Waliullah al-Dehlawi (d. 1152 AH), a renowned authority in the subcontinent also emphasises the fard of Khilafah, "اعلم أنه يجب أن يكون في جماعة المسلمين خليفة لمصالح لا تتم إلا بوجوده " “Know that it is obligatory for there to be in the jama’a of the Muslims a khalifah for interests that simply cannot be fulfilled except with his presence...” (Hujjat Allahi al-Baligha, 2:229)

Of course, the issue is also mentioned in many books of Hanafi fiqh. One of these is the magnum opus of the great Shami scholar of the 12 century Hijri, Muhammad Amin Ibn Abidin (d. 1252 AH) of Damascus, who is perhaps the most renowned of the latter Hanafi fuqaha, particularly in the Subcontinent. He is known as the final verifier (khatimat al-muhaqqiqin) of the Hanafi madhhab. His work, Radd al-Muhtar [Reply to the Perplexed], also known as Hashiyat Ibn Abidin, is taken as the final word on most issues in Hanafi madhhab. It is an elaborate commentary on the excellent treatise of the erudite Hanafi faqih of the 11 century hijri, Ala’-Din al-Hasaki (d. 1088 AH), Durr al-Mukhtar [The Choice Pearl], which itself is a commentary on the work of al-Turtumashi of Gaza (d. 1004 AH), Tanwir al-Absar [Illumination of the Eyes].   

In Durr al-Mukhtar, Imam al-Haskafi writes (Ibn Abidin’s commentary in brackets),

"فالكبرى استحقاق تصرف عام على الأنام، وتحقيقه في علم الكلام، ونصبه أهم الواجبات (أي من أهمها لتوقف كثير من الواجبات الشرعية عليه)، فلذا قدموه على دفن صاحب المعجزات (فإنه - صلى الله عليه وسلم - توفي يوم الاثنين ودفن يوم الثلاثاء أو ليلة الأربعاء أو يوم الأربعاء ح عن المواهب، وهذه السنة باقية إلى الآن لم يدفن خليفة حتى يولى غيره)" 

“The major imamah (khilafah) is the right of general disposal over the people. Its study is in ‘ilm al-kalam and establishing it is the most important of obligations [it is of the most important obligations because the fulfillment of so many other shari’aobligations depends on it]. For this reason did they (the sahaba) give it priority over the burial of the Prophet (saw) [He (saw) passed away on Monday and was buried on the day of Tuesday or the night of Wednesday or its day (according to the different narrations), and this sunnahremains till this day such that the khalifah is not buried until another is appointed].” Radd al-Muhtar ‘ala al-Durr al-Mukhtar, 1: 548.

Al-Haskafi thus defines the Khilafah as the right of general disposal over the people. By this he means it is the right to manage the affairs of the people and is an absolutely general right, that is, it encompasses all the people in the lands of the Khilafah in all their public affairs. This is as opposed to the particular right of governors and judges, whose right of authority is in over some people in some areas to the exclusion of others.

In commenting on this, Ibn Abidin (rh) cites the definition of Taftazani in Sharh al-Maqasid, where he defines the Khilafah as,

"رياسة عامة في الدين والدنيا خلافة عن النبي" 

“The general leadership in the deen and worldly affairs in succession of the Prophet (saw).”

This latter part of the definition indicates that the Khilafah is a position in succession of the Prophet (saw). This means that the role of the Khilafah is to succeed the Prophet (saw) in implementing the Shari’ah. This is why he is called a Khalifah, which linguistically means successor.

Al-Haskafi then goes on the mention the conditions of the Khalifah, noting those which are agreed upon such as his being Muslim, free, male, sane, baligh, and able and some which are differed upon such as his being from Quraysh, a mujtahid and brave. He also negates some of the conditions claimed by other sects like that he be Hashimi, Alawi or infallible.

More generally with reference to the fiqh of matters of ruling and governance, many Hanafi works have been written dealing with the subject matter from various angles, starting with the Kitab al-Kharaj of Abu Yusuf (d. 162) and al-Siyar al-Saghir and al-Siyar al-Kabeerof Imam Muhammad ibn al-Hasan al-Shaybani (d. 189), the two students of Abu Hanifa. Imam al-Sarkhasi (d. 483 AH) then wrote a commentary of al-Siyar al-Kabeer. Many later were also written.

All of this shows the absolute importance attached to the Khilafah by the ulama of the Hanafi madhhab. This should serve as motivation for today’s ulama and students of Shar’i knowledge to pay due attention to this matter and indeed to be at the forefront of working for the re-establishment of the Khilafah (Caliphate) upon the method of the Prophethood.

Growing anti-Muslim Prejudice Result of Secular Liberal Ideology and Politics

An Essential Research poll released yesterday found 49% of Australians support a ban on Muslim immigration primarily due to “fears of terrorism” and the belief that Muslims don’t share “Australian values” or integrate. Whatever the accuracy of this particular poll, there is little doubt that anti-Muslim sentiment is growing throughout the West.

Hizb ut Tahrir Australia emphasises the following in this regard:

1.   The hardening of anti-Muslim sentiment is alarming but hardly surprising. It is the obvious and expected result of a 15 year politically motivated campaign to encourage hatred and suspicion of Islam and Muslims. A campaign instigated by mainstream politicians and dutifully carried by the mainstream media. A campaign that used terrorism as the excuse to implant the false idea that Islamic beliefs were the cause of violence, so Islam itself was the suspect and needed reform. For fifteen years straight all things Islam have been abused as a political football by politicians and demonised in the media. For fifteen years straight Islam and Muslims have been viewed squarely through the prism of national security, terrorism, values and integration. What other result can we possibly expect?

2.   The irony is that in the last decade and a half two Muslim countries were invaded and destroyed by western powers, the Arab uprisings exploited for western benefit to devastating effect as in Syria, dictators were propped up and supported in the Muslim world, all sorts of abuses committed in the like of Abu Ghraib and Guantanamo Bay, yet somehow those who have been the worse victims are now considered the problem. Indeed, those who lost everything and were forced to seek refuge elsewhere are seen as most suspect. This is the logic of blind prejudice fostered by narrow political agendas.

3.   While the far right has become the face of this open prejudice, to focus critique on it would be to miss the mark. It is the mainstream of politics that created the social and political environment that fosters suspicion and hate of Islam, which those on the “fringe” exploit. The path for the open prejudice of the likes of Pauline Hanson is paved by the agendas and policies of the likes of John Howard, Kevin Rudd, Julia Gillard, Tony Abbot and Malcolm Turnbull. The latter scapegoat the former – recent comments at the UN by President Obama and PM Turnbull on refugees being a case in point – while it is their policies that are the core of the problem. That is where our critique must be focused.

4.   What we have here, ultimately, is the remarkable failure of the secular liberal paradigm and its resultant politics. An ideology which encourages selfishness and individualism, the relegation of the spiritual, the primacy of the material, the commericalisation of everything, and the division of humanity into arbitrary “nations”, each motivated by its own narrow “national interest”. The result is a world of powerful nations exploiting weaker nations by whatever means they can, in each of which the elite classes exploit the masses by whatever means they can. The prevailing political systems, thoroughly corrupted by the influence of corporations, have no solutions to real human problems faced by the masses, in whom the lowly sentiment of nationalism and patriotism is always latent. The result of scapegoating one minority or another is predictable.

5.   In this context, Muslims have a formidable challenge. We must not only face increasingly hate and prejudice with the nobility that Islam demands but we must do so while on the front foot. Going insular and defensive is not an option for us, for such is entirely out of sync with the noble prophetic way. We must be on the front foot, critiquing the mainstream ideology and system and showing how Islam alone, far from being the problem, is the need of the time. We must move beyond the narrow politics of self-image and compromise to a politics of truth, resistance of oppression and leadership of humanity.

Media Office of Hizb ut Tahrir in Australia

MUHARRAM- REFLECT, RESOLVE AND RECLAIM

MUHARRAM-  REFLECT, RESOLVE AND RECLAIM

by Sister Jasmine Khan

 

Muharram is one of the sacred months of the Islamic year. Muharram is the month with which we begin our lunar calendar. It commemorates the Hijrah undertaken by our beloved The Beloved Messenger of Allah (peace be upon him) to Madina, where he was welcomed with sanctuary. It is one of the four sanctified months about which the Holy Quran says:

 "The number of the months according to Allah is twelve (mentioned) in the Book of Allah on the day He created heavens and the earth. Among these (twelve months) there are four sanctified."(Qur'an:Surah 9, Verse 36)

 

These four months, according to the authentic traditions, are Dhul-Qa'dah, Dhul-Hijjah, Muharram and Rajab. All the commentators of the Holy Quran are unanimous on this point, because The Beloved Messenger of Allah (peace be upon him) in his last sermon, declared: "One year consists of twelve months, of which four are sanctified months, three of them are in sequence; Dhul-Qa'dah, Dhul-Hijjah, Muharram, and the fourth is Rajab." 

 

 It is derived from the word 'haraam' which means forbidden. What is forbidden during this month is fighting. We are not heads of countries that wage war on others, but we have our own battle fields in our homes, families, workplace and even our neighbourhoods.

 

Most of us live at such a frenetic pace that when we get home from work we are tired and stressed. This is the time when impatience and intolerance flares up and we fight with our partner or our children. A good thing to do is to remember who they are and what they mean to us.  With consciousness it becomes possible to think before flaring up. The same thing often happens at work as well. When we remember that we are all working to provide a service, even if we never know who benefits from what we do, it could change our attitude.  There are many of us who are not on speaking terms with family members, holding onto grudges, whether real or imagined. We should be aware that we are all different and unique, and that we are all the divine creations of Allah. Being conscious is not enough; we have to be Allah conscious, so that even if we cannot see Allah, be aware that Allah is seeing us. This should make us pause and consider before we act impulsively, or live in enmity.

 

The Beloved Messenger of Allah (peace be upon him) said that on the 10^th day of Muharram we should be more generous to our family: "One who generously spends on his family on the day of Aashora, Allah will increase (his provision) for the whole year." (Hadith:Baihaqi).

 

We do not have to confine such generosity to the tenth day, or for that matter, for the month of Muharram. Nor does generosity have to be limited to monetary spending. We can be more generous with our time; when a child runs to tell you something while you are busy it will make a world of difference to him if you stop to listen. In this way you will be giving time as well as kindness. The child will feel validated and very often will then leave you to continue what you are doing.  Opening up to your family about your thoughts, dreams and hopes, is an excellent method of getting them to share theirs. Knowing the hopes and dreams of your children is invaluable as a means of achieving family cohesion. Another form of generosity you can share with your family is to share with them painful moments, and what you learnt from the experience.  This could lead to them sharing things which had hurt or traumatised them and as a family you can brainstorm what lessons   can be learnt from their experiences.

 

This year Muharram is falling very close to the silly season, and we can very easily get caught up in the hype of the summer break. It is also very difficult to focus as the body clock is winding down after a year of working and this can make us jittery and inclined to go a bit haywire.  This is the time when reflection is very important; we need to think about what we have done and what we plan to do next. Allah speaks several times in the Quran about the need for reflection, particularly in the following lines:

 

"If we had caused this Quran to descend upon a mountain, thou, (O Muhammad) verily hadst seen it humbled, rent asunder by the fear of Allah. Such similitude coin We for mankind that haply they may reflect" (Quran-Surah Hashr: V 21).

 

Come the end of December and everyone makes resolutions, as Muslims we should be making resolutions on a daily basis. The hujaaj are returning now from having performed the fifth pillar of Islam, and as we rush to greet them we could easily forget that this is the last month of our year, that Muharram is mere days away.  Now is the time to engage in reflection, to resolve to make the shift to do better. We know that we are going to be judged by our intentions, so let us try to have only good intentions for the rest of the year, Insha'Allah.

 

The word resolve has a two-fold meaning:  it means to make a resolution or intention to do something, but it also means to solve an issue.  Many of us carry unresolved issues, and these clutter our lives and prevent us from true spiritual connection. It is hard to have closeness to Allah when we harbour grudges against people for real or imagined slights. Forgiveness is the key; it does not excuse the other person's action, but it does set us free. It is also important to forgive ourselves when we feel we have done something we subsequently regret. We are all born pure,natural and innocent; we are born with a Fitrah. Somewhere along the way we have become contaminated by experiences, environment and conditions.  The thing is not to beat yourself up about it, acknowledge what happened and accept it. Now try to do better. Resolve to reclaim your Fitrah, the perfection that Allah created you with. It has not been lost, it has just been overlaid with a lot of things, but it is still there.

 

In the stormy sea of life we have often been tossed around, but with Allah consciousness we can keep our heads above water.

 

"The believer is the ship and the world is the water. As long as the water remains outside the ship, it will sail through it. Once the water enters the ship, it will sink. So navigate through the world, but do not let it enter your heart and sink you into itself"(Imam Al Ghazzali)

 

Use this period to reflect, resolve and reclaim what we were truly meant to be, Insha'Allah.