UUD / Sistem Pemerintahan §16-23
- Kategori: Sistem Pemerintahan
Pasal 23: Struktur negara terdiri atas tiga belas bagian:
- 1. Khalifah
- 2. Mu’awin Tafwidl
- 3. Mu’awin Tanfidz
- 4. Al-Wulat
- 5. Amirul Jihad
- 6. Keamanan Dalam Negeri
- 7. Urusan Luar Negeri
- 8. Perindustrian
- 9. Al-Qadla
- 10. Kemaslahatan Umat
- 11. Baitul Mal
- 12. Penerangan
- 13. Majlis Umat
Article 23: The state apparatus is established upon thirteen institutions:
- The Khalifah (Leader of the State)
- The Assistants (delegated ministers)
- Executive minister
- The Governors
- The Amir of Jihad
- The Internal Security
- The Foreign Affairs
- The Judiciary
- The People’s Affairs (administrative apparatus)
- The Treasury (Bayt Al-Mal)
- The Ummah’s Council (Shura and accounting)
( 1 ) The evidence for this is the actions of the Messenger , since he established the state apparatus in this form. He was himself the leader of the State, and he ordered the Muslims to establish a leader for the state when he ordered them to establish the Khalifah and the Imam. He said
«مَنْ خَلَعَ يَدًا مِنْ طَاعَةٍ لَقِيَ اللَّهَ يَوْمَ الْقِيَامَةِ لا حُجَّةَ لَهُ، وَمَنْ مَاتَ وَلَيْسَ فِي عُنُقِهِ بَيْعَةٌ مَاتَ مِيتَةً جَاهِلِيَّةً»
“One who withdraws his hand from obedience (to the Amir) will find no argument (in his defense) when he stands before Allah on the Day of Resurrection; and one who dies without having sworn allegiance will die the death of one belonging to the Days of Ignorance (Jahilliyah)” (reported by Muslim), and the pledge of allegiance is the pledge of allegiance to the Khalifah. And the companions agreed upon the necessity of establishing a successor, a Khalifah, to the Messenger of Allah after his death. The consensus of the companions upon the establishment of a Khalifah is clearly confirmed by their delaying of the burial of the Messenger of Allah due to their busyness in electing a successor to him .
( 2 ) As for the assistants, the evidence is from what Abu Dawud narrated with a good chain from 'Aisha (ra) who said that the Messenger of Allah said
"إِذَا أَرَادَ اللَّهُ بِالأَمِيرِ خَيْرًا جَعَلَ لَهُ وَزِيرَ صِدْقٍ، إِنْ نَسِيَ ذَكَّرَهُ وَإِنْ ذَكَرَ أَعَانَهُ. وَإِذَا أَرَادَ اللَّهُ بِهِ غَيْرَ ذَلِكَ جَعَلَ لَهُ وَزِيرَ سُوءٍ، إِنْ نَسِيَ لَمْ يُذَكِّرْهُ وَإِنْ ذَكَرَ لَمْ يُعِنْهُ"
“When Allah (swt) appoints a governer over Muslims, and desire good for him (this ruler), Alla (swt) appoints a sincere minister (assistant) to him who will remind him if he forgets and helps him if he remembers.”. And Tirmidhi reported from Abu Said Al-Khudri that the Messenger said
"مَا مِنْ نَبِيٍّ إِلاَّ لَهُ وَزِيرَانِ مِنْ أَهْلِ السَّمَاءِ وَوَزِيرَانِ مِنْ أَهْلِ الأَرْضِ فَأَمَّا وَزِيرَايَ مِنْ أَهْلِ السَّمَاءِ فَجِبْرِيلُ وَمِيكَائِيلُ وَأَمَّا وَزِيرَايَ مِنْ أَهْلِ الأَرْضِ فَأَبُو بَكْرٍ وَعُمَرُ"
“Every Prophet has two ministers from heavens and two ministers from Earth. My two ministers from heavens are Jibril and Mika’il, and from Earth are Abu Bakr and Omar”. The meaning of the word “my two ministers (Waziraya)” here is my two assistants for, since this is the linguistic meaning, and the word ‘minister’ according to its contemporary meaning is a Western definition, and what is intended by it is a specific act of ruling. This meaning was not known to the Muslims and contradicts the system of ruling in Islam as is made clear in that section.
( 3 ) The executive minister is what was known as Al-Katib (the recorder) at the time of the Messenger of Allah and the righteous successors, and his job is to assist the Khalifah in the execution, follow up and accomplishment of tasks. Bukhari narrated in his Sahih from Zaid Bin Thabit
«أَنَّ النَّبِيَّ أَمَرَهُ أَنْ يَتَعَلَّمَ كِتَابَ الْيَهُودِ حَتَّى كَتَبْتُ لِلنَّبِيِّ كُتُبَهُ وَأَقْرَأْتُهُ كُتُبَهُمْ إِذَا كَتَبُوا إِلَيْهِ»
“The Prophet commanded him to learn the writing of the Jews. I even wrote letters for the Prophet to the Jews) and also read their letters when they wrote to him.” and Ibn Ishaq reported from ‘Abd Allah Bin Al-Zubair,
"أَنَّ رَسُولَ اللَّهِ اسْتَكْتَبَ عَبْدَ اللَّهِ بْنَ الأَرْقَمِ بْنِ عَبْدِ يَغُوثَ، وَكَانَ يُجِيبُ عَنْهُ المُلُوكَ ..."
“The Messenger of Allah used to dictate to ‘Abd Allah Bin Al-Arqam b. ‘Abdi Yaghootha, who used to respond to the Kings on his behalf...”. Al-Hakim reported a narration in Al-Mustadrak which he authenticated, and Al-Dhahabi confirmed the authentication, from ‘Abd Allah Bin Umar who said
"أَتَى النَّبِيَّ كِتَابُ رَجُلٍ، فَقَالَ لِعَبْدِ اللَّهِ بْنِ الأَرْقَمِ: أَجِبْ عَنِّي. فَكَتَبَ جَوَابَهُ ثُمَّ قَرَأَهُ عَلَيْهِ، فَقَالَ: أَصَبْتَ وَأَحْسَنْتَ، اللّهُمَّ وَفِّقْهُ، فَلَمَّا وَلِيَ عُمَرُ كَانَ يُشَاوِرُهُ"
“A man’s letter came to the Prophet , so he said to ‘Abd Allah Bin Al-Arqam: answer it on my behalf, and so he did and read it to the Prophet who said: You were correct and you did well; may Allah help you. When Omar took office, he used to consult him”.
( 4 ) As for the governors, both Al-Bukhari and Muslim reported from Abu Birda
«بَعَثَ رَسُولُ اللَّهِ أَبَا مُوسَى وَمُعَاذَ بْنَ جَبَلٍ إِلَى الْيَمَنِ، قَالَ: وَبَعَثَ كُلَّ وَاحِدٍ مِنْهُمَا عَلَى مِخْلافٍ، قَالَ: وَالْيَمَنُ مِخْلافَانِ»
“The Messenger of Allah sent Abu Musa and Mu’adh Bin Jabal to Yemen. He sent each of them to administer a province as Yemen consisted of two provinces.” And in the report with Muslim from Abu Musa the Messenger said,
«لَنْ أَوْ لاَ نَسْتَعْمِلُ عَلَى عَمَلِنَا مَنْ أَرَادَهُ، وَلَكِنِ اذْهَبْ أَنْتَ يَا أَبَا مُوسَى أَوْ يَا عَبْدَ اللَّهِ بْنَ قَيْسٍ، فَبَعَثَهُ عَلَى الْيَمَنِ ثُمَّ أَتْبَعَهُ مُعَاذَ بْنَ جَبَلٍ»
“We never (or, we do not) appoint for our affairs anyone who seeks to be employed. But O Abu Musa! (or Abdullah bin Qais!) Go to Yemen. “The Prophet then sent Mu adh bin Jaba after him.” Al-Bukhari and Muslim reported from Amr Bin ‘Auf Al-Ansari
"... وَكَانَ رَسُولُ اللَّهِ هُوَ صَالَحَ أَهْلَ الْبَحْرَيْنِ وَأَمَّرَ عَلَيْهِمْ الْعَلاءَ بْنَ الْحَضْرَمِيِّ"
“... And the Messenger of Allah had made a truce with the people of Bahrain, and had appointed Al-‘Ala Bin Al-Hadrami over them”. Ibn Abdul Al-Birr in Al-isti’ab said “The Messenger of Allah made Amr b. Al-‘As the governor over Oman, and he remained in that position until the death of the Messenger of Allah ”.
( 5 ) The evidence for the position of Amir of Jihad comes from the Sunnah:
Ibn Sa’d reported in Al-Tabaqat that the Messenger of Allah said,
"أَمِيرُ النَّاسِ زَيْدُ بْنُ حَارِثَةَ، فَإِنْ قُتِلَ فَجَعْفَرُ بْنُ أَبِي طَالِبَ، فَإِنْ قُتِلَ فَعَبْدُ اللَّهِ بْنُ رَوَاحَةَ، فَإِنْ قُتِلَ فَلْيَـرْتَضِ الـمُـسْـلِمُونَ بَيْنَهُمْ رَجُـلاً فَيَجْعَلُوهُ عَلَيْهِمْ"
“The Leader (Amir) of the people is Zaid Bin Haritha; if killed then Ja’far Bin Abi Talib; if killed then ‘Abd Allah Bin Rawaha; if he killed then whomever the Muslims are satisfied with will become their leader”. Al-Bukhari reported from ‘Abd Allah b. Umar (ra) who said
"أَمَّرَ رَسُولُ اللَّهِ فِي غَزْوَةِ مُؤْتَةَ زَيْدَ بْنَ حَارِثَةَ ..."
“The Messenger of Allah appointed Zaid Bin Haritha in charge of the Mu’ta expedition” and Al-Bukhari reported in the narration of Salamah Bin Al-Akwa’ that he said,
"غَزَوْتُ مَعَ النَّبِيِّ سَبْعَ غَزَوَاتٍ وَغَزَوْتُ مَعَ ابْنِ حَارِثَةَ اسْتَعْمَلَهُ عَلَيْنَا»"
“I went on seven expeditions with the Messenger of Allah, and one with Zaid Bin Haritha who had been appointed over us”. And Al-Bukhari and Muslim reported from ‘Abd Allah b. Umar who said,
"بَعَثَ النَّبِيُّ بَعْثًا وَأَمَّرَ عَلَيْهِمْ أُسَامَةَ بْنَ زَيْدٍ، فَطَعَنَ بَعْضُ النَّاسِ فِي إِمَارَتِهِ، فَقَالَ النَّبِيُّ أَنْ تَطْعُنُوا فِي إِمَارَتِهِ فَقَدْ كُنْتُمْ تَطْعُنُونَ فِي إِمَارَةِ أَبِيهِ مِنْ قَبْلُ، وَايْمُ اللَّهِ إِنْ كَانَ لَخَلِيقًا لِلإِمَارَةِ ..."
“The Prophet sent an army detachment and made Usama bin Zaid its commander. Some people criticized (spoke badly of) Usama's leadership. So Allah's Prophet got up and said, "If you people are criticizing Usama's leadership, you have already criticized the leadership of his father before. But Waaimullah (i.e., By Allah), he (i.e. Zaid) deserved leadership”. Muslim reported from Barida who said,
"كَانَ رَسُولُ اللَّهِ إِذَا أَمَّرَ أَمِيرًا عَلَى جَيْشٍ أَوْ سَرِيَّةٍ أَوْصَاهُ ..."
“Whenever the Messenger of Allah appointed anyone as a leader of an army or detachement, he would especially exhort him”.
( 6 ) As for the Internal Security, this is the office that will be led by the head of the Police, and its objective would be to protect the security in Dar Al-Islam. If they were incapable then the army would be appointed with the permission of the Khalifah. The evidence is from what was reported by Al-Bukhari from Anas
"كَانَ قَيْسُ بْنُ سَعْدٍ مِنْ النَّبِيِّ بِمَنْزِلَةِ صَاحِبِ الشُّرَطِ مِنْ الأَمِيرِ"
“Qais bin Sa`d was to the Prophet like a chief police officer to an Amir”.
( 7 ) With respect to Foreign Affairs, the Messenger used to establish external relations with other states and bodies. He sent ‘Uthman Bin ‘Affan to negotiate with Quraysh, just as he negotiated with the messengers of Quraysh. In the same manner, he sent messengers to the kings, and received messengers from the kings and leaders, and concluded agreements and peace settlements. And likewise, his successors, after him , established diplomatic relations with other states and bodies. And they appointed others to do that for them, on the basis that what the individual does himself can be delegated to someone else on his behalf, and deputise someone else to carry it out for him.
( 8 ) As for Industry, its evidence is from the Quran and the Sunnah. Allah (swt) said
((وَأَعِدُّوا لَهُمْ مَا اسْتَطَعْتُمْ مِنْ قُوَّةٍ وَمِنْ رِبَاطِ الْخَيْلِ تُرْهِبُونَ بِهِ عَدُوَّ اللَّهِ وَعَدُوَّكُمْ وَآَخَرِينَ مِنْ دُونِهِمْ لَا تَعْلَمُونَهُمُ اللَّهُ يَعْلَمُهُمْ وَمَا تُنْفِقُوا مِنْ شَيْءٍ فِي سَبِيلِ اللَّهِ يُوَفَّ إِلَيْكُمْ وَأَنْتُمْ لَا تُظْلَمُونَ (60)))
“And prepare against them whatever you are able of power and of steeds of war by which you may terrify the enemy of Allah and your enemy and others besides them whom you do not know [but] whom Allah knows. And whatever you spend in the cause of Allah will be fully repaid to you, and you will not be wronged.” (TMQ 8:60). With regards to the Sunnah Ibn Sa’d reported in Al-Tabaqat from Makhul,
"أَنَّ النَّبِيَّ نَصَبَ المِنْجَنِيقَ عَلَى أَهْلِ الطَّائِفِ أَرْبَعِينَ يَوْماً"
“While attacking the people of at-Ta’if, the Prophet set up the ballista for forty days.” And Al-Waqidi in Al-Maghazi said
"وَشَاوَرَ رَسُولُ اللَّهِ أَصْحَابَهُ، فَقَالَ لَهُ سَلْمَانُ الفَارِسِيُّ: يَا رَسُولَ اللَّهِ، أَرَى أَنْ تَنْصُبَ المِنْجَنِيقَ عَلَى حِصْنِهِمْ، فَإِنَّا كُنَّا بِأَرْضِ فَارِسَ نَنْصُبُ المِنْجَنِيقَاتِ عَلَى الحُصُونِ وَتُنْصَبُ عَلَيْنَا. فَنُصِيبُ مِنْ عَدُوِّنَا وَيُصِيبُ مَنَّا بِالمِنْجَنِيقِ، وَإِنْ لَمْ يَكُنْ المِنْجَنِيقُ طَالَ الثِّواءُ؛ فَأَمَرَهُ رَسُولُ اللَّهِ فَعَمِلَ مِنْجَنِيقاً بِيَدِهِ، فَنَصَبَهُ عَلَى حِصْنِ الطَّائِفِ ..."
“and the Messenger of Allah consulted his companions; Salman Al-Farsi said to him, O Messenger of Allah, I think we should use the ballista against their fortifications. When we were in Persia, we used to use the ballista against fortification, and they were used against us; we hit them and they hit us. If it had not been for the ballista, the siege would have taken longer. The Messenger commanded him to build ballista; he made one himself and set it up against Al-Ta’if fortifications”.
And Ibn Ishaq said in his Sirah
"حَتَّى إِذَا كَانَ يَوْمُ الشَّدْخَةِ عِنْدَ جِدَارِ الطَّائِفِ، دَخَلَ نَفَرٌ مِنْ أَصْحَابِ رَسُولِ اللَّهِ تَحْتَ دَبَّابَةٍ، ثُمَّ زَحَفُوا بِهَا إَلَى جِدَارِ الطَّائِفِ لِيَخْرُقُوهُ ..."
“On day that the wall protecting Ta’if broke, a number of the companions of the Messenger of Allah entered under a tank, and then marched forward to the wall in order to destroy it…” Also, preparation for that which puts fear into the enemy is obligatory and this preparation cannot be carried out without industry, and ,therefore, industry is obligatory from the rule
(ما لا يتم الواجب إلا به فهو واجب)
“whatever is required to complete an obligation is itself an obligation”. The Khalifah or anyone he appoints is the one who will manage it.
( 9 ) With respect to the judiciary, the Prophet used to act as the judge personally, and appointed others to judge between the people. He used to undertake the judging himself as narrated by Umm Salamah that the Messenger of Allah said
"إِنَّمَا أَنَا بَشَرٌ وَإِنَّكُمْ تَخْتَصِمُونَ إِلَيَّ، وَلَعَلَّ بَعْضَكُمْ أَنْ يَكُونَ أَلْحَنَ بِحُجَّتِهِ مِنْ بَعْضٍ وَأَقْضِيَ لَهُ عَلَى نَحْوِ مَا أَسْمَعُ، فَمَنْ قَضَيْتُ لَهُ مِنْ حَقِّ أَخِيهِ شَيْئًا فَلاَ يَأْخُذْ، فَإِنَّمَا أَقْطَعُ لَهُ قِطْعَةً مِنْ النَّارِ"
“Verily, I am only a human and the claimants bring to me (their disputes); perhaps some of them are more eloquent than others. I judge according to what I hear from them). So, he whom I, by my judgment, (give the undue share) out of the right of a Muslim, I in fact give him a portion of (Hell) Fire” (agreed upon with the wording from Al-Bukhari). And the narration of Abu Hurayrah and Zayd b. Khalid Al-Juhani who said
"جَاءَ أَعْرَابِيٌّ فَقَالَ: يَا رَسُولَ اللَّهِ، اقْضِ بَيْنَنَا بِكِتَابِ اللَّهِ. فَقَامَ خَصْمُهُ فَقَالَ: صَدَقَ، اقْضِ بَيْنَنَا بِكِتَابِ اللَّهِ ..."
“A Bedoin came and said, "O Allah's Prophet! Judge between us according to Allah's Laws." His opponent got up and said, "He is right. Judge between us according to Allah's Laws …” (agreed upon and the wording is from Al-Bukhari). As for the appointment of others to the judiciary, the evidence is what Al-Hakim narrated and stated was Sahih based upon the conditions of Muslim and Al-Bukhari which was also confirmed by Al-Dhahabi, from Ibn Abbas who said
"بَعَثَ النَّبِيُّ إِلَى اليَمَنِ عَلِيّاً فَقَالَ: عَلِّمْهُمُ الشَّرَائِعَ وَاقْضِ بَيْنَهُمْ. قَالَ: لاَ عِلْمَ لِي بِالقَضَاءِ. فَدَفَعَ فِي صَدْرِهِ فَقَالَ: اللَّهُمَّ اهْدِهِ لِلْقَضَاءِ"
“The Prophet sent ‘Ali to Yemen and said: Teach them the rules (Shari’ah) and judge between them. He replied I have no knowledge of judging, and so he struck his chest and said O Allah guide him to judgement”. Al-Hakim also narrated and authenticated upon the conditions of Muslim and Al-Bukhari, and Al-Dhahabi agreed with him, that ‘Ali (ra) said
"بَعَثَنِي رَسُولُ اللَّهِ إِلَى اليَمَنِ فَقُلْتُ: تَبْعَثُنِي إِلَى قَوْمٍ ذَوِي أَسْنَانٍ وَأَنَا حَدَثُ السِّنِّ! قَالَ: إِذَا جَلَسَ إِلَيْكَ الخَصْمَانِ فَلاَ تَقْضِ لأَحَدِهِمَا حَتَّى تَسْمَعَ مِنَ الآخَرِ كَمَا سَمِعْتَ مِنَ الأَوَّلِ. قَالَ عَلِيٌّ: فَمَا زِلْتُ قَاضِياً"
“The Messenger of Allah sent me to Yemen, and I said: You have sent me to people of experience, and I am young! He said: When the two litigants sit in front of you, do not decide till you hear what the other has to say. Ali (ra) said: I had been a judege for long”.
With respect to the consensus, Al-Mawardi mentioned in Al-Hawi, “The righteous khulafaa’ used to judge between the people, and appointed the judiciary and the rulers…and so it is a consensus through their actions”. Ibn Qudamah mentioned in Al-Mugni “The Muslims are agreed on the legitimacy of appointing judiciary”.
( 10 ) As for the peoples’ affairs (the administrative apparatus) the Messenger of Allah used to manage the affairs and used to appoint writers for their administration. He managed the peoples’ interests, took care of their affairs, resolved their problems, organised their relationships, protected their needs and directed them to what would benefit their matters. All of these are from the administrative affairs, which directs their lives without problems or complication.
In the issue of education, the Messenger of Allah made ransom of the disbelieving prisoners that they should teach ten of the Muslim children. Ransom is part of the war booty, which is the property of the Muslims, and so ensuring education is an interest from the Muslims’ interests.
And in medical practice – the Messenger of Allah was given a doctor as a gift and so he was made available to the Muslims. The fact that the Messenger of Allah was given a gift which he did not use himself, and nor took it but rather gave it to the Muslims is a proof that medical practice is an interest from the people’s interests. In an authentic narration from 'Aisha (ra) which is agreed upon she said
"أُصِيبَ سَعْدٌ يَوْمَ الْخَنْدَقِ رَمَاهُ رَجُلٌ مِنْ قُرَيْشٍ يُقَالُ لَهُ ابْنُ الْعَرِقَةِ رَمَاهُ فِي الأَكْحَلِ فَضَرَبَ عَلَيْهِ رَسُولُ اللَّهِ خَيْمَةً فِي الْمَسْجِدِ يَعُودُهُ مِنْ قَرِيبٍ ..."
“Sa’d was injured on the day of Al-Khandaq (battle of the Trench), having been hit by an arrow in the arm vein from a Qurayshi man called Ibn Al-Ariqa, and so the Messenger of Allah set up a tent for him in the mosque to look after him”. It is understood from the concern of the Messenger , who was the head of the State, over Sa’d while he was ill, by keeping him within the mosque, that medical practice or treatment is an interest from the Muslims’ interests which the state takes care of. The righteous Khulafaa’ followed the same practice. Al-Hakim narrated in Al-Mustadrak from Zayd b. Islam from his father who said
(مرضت في زمان عمر بن الخطاب مرضاً شديداً فدعا لي عمر طبيباً فحماني حتى كنت أمص النواة من شدة الحمية)
“I fell severely ill in the time of Umar b. Al-Khattab, and so Umar called a physician for me. He warmed me up to the point I would suck on date pits due to the intense heat”.
In affairs of work the Messenger of Allah advised a man to purchase rope and an axe and then to collect wood and sell it to the people instead of asking them for money such that one person would give and the next would refuse. This was in the narration from Abu Dawud and Ibn Maja which mentioned
«... وَاشْتَرِ بِالدِّرْهَمِ الآخَرِ قَدُوماً فَائْتِنِي بِهِ، فَأَتَاهُ بِهِ، فَشَدَّ فِيهِ رَسُولُ اللَّهِ عُوداً بِيَدِهِ ثُمَّ قَالَ: اذْهَبْ وَاحْتَطِبْ وَبِعْ، فَلاَ أَرَيَنَّكَ خَمْسَةَ عَشَرَ يَوْماً، فَفَعَلَ، فَجَاءَ وَقَدْ أَصَابَ عَـشْـرَةَ دَرَاهِـمَ ...»
“…and buy an axe with the other dirham and bring it to me. He brought it to him. The Messenger of Allah fixed a handle on it with his own hands and said: Go, gather firewood and sell it, and do not let me see you for fifteen days. The man went away and gathered firewood and sold it, and when he returned he had earned ten dirhams...”. And in a narration from Al-Bukhari the Messenger of Allah said,
«لَأَنْ يَأْخُذَ أَحَدُكُمْ حَبْلَهُ فَيَأْتِيَ بِحُزْمَةِ الْحَطَبِ عَلَى ظَهْرِهِ فَيَبِيعَهَا فَيَكُفَّ اللَّهُ بِهَا وَجْهَهُ خَـيْـرٌ لَهُ مِنْ أَنْ يَسْأَلَ النَّاسَ أَعْطَوْهُ أَوْ مَنَعُوهُ»
“It is better for anyone of you to take a rope (and cut) and bring a bundle of wood (from the forest) over his back and sell it and Allah will save his face (from the Hell-Fire) because of that, rather than to ask the people who may give him or not .” So he used to solve the problem of work in that matter as one of the interests of the Muslims.
With regards to the highways, the Messenger of Allah used to organise the pathways in his time by making the space of the pathway seven cubits if there was a dispute. Al-Bukhari narrated in the chapter of Al-Tariq Al-Mita’ (the space between the road)
«قَضَى النَّبِيُّ إِذَا تَشَاجَرُوا فِي الطَّرِيقِ بِسَبْعَةِ أَذْرُعٍ»
“The Prophet judged that seven cubits should be left as a public way when there was a dispute about the pathway”, and Muslim narrated
«إِذَا اخْـتَلَفْـتُمْ فِي الطَّرِيقِ جُعِلَ عَرْضُهُ سَبْعَ أَذْرُعٍ»
“When you disagree about a pathway, it is judged to be seven cubits in width”, which was an administrative organisation at that time and if the need was greater it would have been met, as it is in the Shafi’i school of thought.
In agriculture, Al-Zubayr and a man from the Ansar had a dispute regarding irrigation, and so the Prophet said
«اسْقِ يَا زُبَيْرُ ثُمَّ أَرْسِلِ الْمَاءَ إِلَى جَارِكَ»
“O Zubayr, irrigate and then let the water flow to your neighbour” (agreed upon with the wording from Muslim).
This is the manner in which the Messenger of Allah managed the affairs of the people and the righteous khulafaa’ after him managed them either by themselves or by appointing someone to manage them.
( 11 ) As for the treasury, there are plenty of evidences that indicate that the Bayt Al-Mal was under the direct authority of the Messenger , the Khalifah, or whoever was encharged with it by the Khalifah. And so the Messenger of Allah sometimes used to directly store the wealth and he had a storehouse. He would directly take the wealth, apportion it and put it in its place. At other times he would appoint others to undertake these issues. The righteous khulafaa’ after him carried on in the same way after him , either directly taking charge of the affairs of the treasury or appointing others to do it on their behalf.
The Messenger of Allah would either place the wealth in the mosque, as has been narrated by Al-Bukhari from Anas who said
«أُتِيَ النَّبِيُّ بِمَالٍ مِنَ الْبَحْرَيْنِ فَقَالَ: انْثُرُوهُ فِي الْمَسْجِدِ»
“Wealth from Bahrain was brought to the Prophet . He said: Spread it out in the mosque”, or in one of his wives’ rooms as has been narrated by Al-Bukhari from Uqbah who said,
«صَلَّيْتُ وَرَاءَ النَّبِيِّ بِالْمَدِينَةِ الْعَصْرَ، فَسَلَّمَ ثُمَّ قَامَ مُسْرِعًا، فَتَخَطَّى رِقَابَ النَّاسِ إِلَى بَعْضِ حُجَرِ نِسَائِهِ، فَفَزِعَ النَّاسُ مِنْ سُرْعَتِهِ، فَخَرَجَ عَلَيْهِمْ، فَرَأَى أَنَّهُمْ عَجِبُوا مِنْ سُرْعَتِهِ، فَقَالَ: ذَكَرْتُ شَيْئًا مِنْ تِبْرٍ عِنْدَنَا، فَكَرِهْتُ أَنْ يَحْبِسَنِي، فَأَمَرْتُ بِقِسْمَتِهِ»
“I offered Asr prayer behind the Prophet at Medina. When he had finished the prayer with Taslim, he got up hurriedly and went out by crossing the rows of the people to one of the dwellings of his wives. The people got scared at his speed . The Prophet came back and found the people surprised at his haste and said to them, "I remembered a piece of gold lying in my house and I did not like it to divert my attention from Allah's worship, so I have ordered it to be distributed ”.
During the era of the righteous Khulafaa’ the place where the wealth would be stored became known as the Bayt Al-Mal (treasury). Ibn Sa’d mentioned in Al-Tabaqat from Sahl b. Abi Hathmah and others
«أن أبا بكر كان له بيت مال بالسنح ليس يحرسه أحد، فقيل له: ألا تجعل عليه من يحرسه؟ قال: عليه قفل. فكان يعطي ما فيه حتى يفرغ. فلما انتقل إلى المدينة، حوّله فجعله في داره». وروى هناد في الزهد بإسناد جيد عن أنس قال: «جاء رجل إلى عمر فقال: يا أمير المؤمنين، احملني فإني أريد الجهاد، فقال عمر لرجل: خذ بيده فأدخله بيت المال يأخذ ما يشاء ...»
“Abu Bakr had Bayt Al-Mal which had no one guarding it. It was said to him: Won’t you appoint someone to guard it? He replied it has lock on it. He used to distribute all that were in it until it became empty. When he moved to Madinah, he took it and placed it in his house”. It is reported by Hinad in Al-Zuhd with a good chain from Anas “a man came to Omar and said: O leader of the believers, fund me because I want to participate in the Jihad, and so Omar said to a man – take him to Bayt Al-Mal, so that he can take whatever he wishes”.
( 12 ) As for information, the evidence for it is from the Quran and the Sunnah.
With respect to the Quran, He (swt) said
((وَإِذَا جَاءَهُمْ أَمْرٌ مِنَ الْأَمْنِ أَوِ الْخَوْفِ أَذَاعُوا بِهِ وَلَوْ رَدُّوهُ إِلَى الرَّسُولِ وَإِلَى أُولِي الْأَمْرِ مِنْهُمْ لَعَلِمَهُ الَّذِينَ يَسْتَنْبِطُونَهُ مِنْهُمْ ))
“And when there comes to them information about [public] security or fear, they spread it around. But if they had referred it back to the Messenger or to those of authority among them, then the ones who [can] draw correct conclusions from it would have known about it.” (TMQ 4:83).
As for the Sunnah, the narration of Ibn Abbas during the opening of Makkah which is found in Al-Mustadrak of Al-Hakim who said it was authentic and upon the conditions of Muslim, and Al-Dhahabi confirmed this, which mentioned “and the news was kept from the Quraysh, and so they did not receive any information about the Messenger of Allah and did not know what was being undertaken”. And a Mursal narration from Abu Salama with Ibn Abi Shaybah which mentioned: and then the Prophet said to 'Aisha (ra),
«جَهِّزِينِي وَلاَ تُعْلِمِي بِذَلِكَ أَحَداً، ... ثُمَّ أَمَرَ بِالطُّرُقِ فَحُبِسَتْ، فَعَمَّى عَلَى أَهْلِ مَكَّةَ لاَ يَأْتِيهِمْ خَبَرٌ»
“Prepare me, and do not inform anyone about it.and then he commanded that the highways be obstructed, and so the people of Makkah were kept in the dark and, no news came to them”
This indicates that the information which is connected to the security of the state is tied to the Khalifah or an institution which meets this aim.
( 13 ) As for the Shura (consultative) council, the Messenger did not use to have a specific permanent council, but rather he used to consult the Muslims at numerous times in line with His (swt) words
((وَشَاوِرْهُمْ فِي الْأَمْرِ ))
“And consult them in the matter.” (TMQ 3:159). An example of these consultations comes from what has been narrated by Muslim from Anas about the day of the battle of Badr:
"أَنَّ رَسُولَ اللَّهِ شَاوَرَ حِينَ بَلَغَهُ إِقْبَالُ أَبِي سُفْيَانَ. قَالَ: فَتَكَلَّمَ أَبُو بَكْرٍ فَأَعْرَضَ عَنْهُ، ثُمَّ تَكَلَّمَ عُمَرُ فَأَعْرَضَ عَنْهُ، فَقَامَ سَعْدُ بْنُ عُبَادَةَ فَقَالَ: إِيَّانَا تُرِيدُ يَا رَسُولَ اللَّهِ، وَالَّذِي نَفْسِي بِيَدِهِ، لَوْ أَمَرْتَنَا أَنْ نُخِيضَهَا الْبَحْرَ لأَخَضْنَاهَا، وَلَوْ أَمَرْتَنَا أَنْ نَضْرِبَ أَكْبَادَهَا إِلَى بَرْكِ الْغِمَادِ لَفَعَلْنَا. قَالَ فَنَدَبَ رَسُولُ اللَّهِ فَانْطَلَقُوا حَتَّى نَزَلُوا بَدْرًا"
The Messenger of Allah held consultations with his Companions. The narrator said: Abu Bakr spoke (expressing his own views), but he did not pay heed to him. Then spoke 'Umar , but he did not pay heed to him (too). Then Sa'd b. 'Ubada stood up and said: Messenger of Allah, you want us (to speak). By God in Whose control is my life, if you order us to plunge our horses into the sea, we would do so. If you order us to goad our horses to the most distant place like Bark Al-Ghimad, we would do so. The narrator said: Now the Messenger of Allah called upon the people (for the encounter). So they set out and encamped at Badr”. Al-Bukhari reported another example from the day of Al-Hudaybiyah through Al-Miswar and Marwan who said:
"وَسَارَ النَّبِيُّ حَتَّى كَانَ بِغَدِيرِ الأَشْطَاطِ أَتَاهُ عَيْنُهُ، قَالَ إِنَّ قُرَيْشًا جَمَعُوا لَكَ جُمُوعًا، وَقَدْ جَمَعُوا لَكَ الأَحَابِيشَ، وَهُمْ مُقَاتِلُوكَ وَصَادُّوكَ عَنِ الْبَيْتِ، وَمَانِعُوكَ. فَقَالَ: أَشِيرُوا أَيُّهَا النَّاسُ عَلَيَّ، أَتَرَوْنَ أَنْ أَمِيلَ إِلَى عِيَالِهِمْ وَذَرَارِيِّ هَؤُلاءِ الَّذِينَ يُرِيدُونَ أَنْ يَصُدُّونَا عَنِ الْبَيْتِ؟ فَإِنْ يَأْتُونَا كَانَ اللَّهُ عَزَّ وَجَلَّ قَدْ قَطَعَ عَيْنًا مِنَ الْمُشْـرِكِينَ وَإِلاَّ تَرَكْنَاهُمْ مَحْـرُوبِينَ. قَالَ أَبُو بَكْرٍ: يَا رَسُولَ اللَّهِ خَرَجْتَ عَامِدًا لِهَذَا الْبَيْتِ لا تُرِيدُ قَـتْلَ أَحَـدٍ وَلا حَرْبَ أَحَدٍ، فَتَوَجَّهْ لَهُ فَمَنْ صَدَّنَا عَنْهُ قَاتَلْنَاهُ. قَالَ امْضُوا عَلَى اسْمِ اللَّهِ ..."
“The Prophet proceeded on till he reached (a village called) Ghadir-Al-Ashtat. There his spy came and said, "The Quraish (infidels) have collected a great number of people against you, and they have collected against you the Ethiopians, and they will fight with you, and will stop you from entering the Ka`ba and prevent you." The Prophet said, "O people! Give me your opinion. Do you recommend that I should destroy the families and offspring of those who want to stop us from the Ka`ba? If they should come to us (for peace) then Allah will destroy a spy from the pagans, or otherwise we will leave them in a miserable state." On that Abu Bakr said, "O Allah Prophet! You have come with the intention of visiting this House (i.e. Ka`ba) and you do not want to kill or fight anybody. So proceed to it, and whoever should stop us from it, we will fight him." On that the Prophet said, "Proceed on, in the Name of Allah!'”. Though he gathered the Muslims and consulted them, he would call specific people consistently to consult with, and these were the leaders of the people; Hamza, Abu Bakr, Ja’far, Umar, ‘Ali, Ibn Mas’ud, Sulayman, ‘Ammar, Hudhayfah, Abu Dharr, Al-Miqdad, and Bilal (may Allah be pleased with them). They could be considered as a Shura council for him due to his specifically seeking them out consistently for consultation.
In the same manner the righteous khulafaa’ would consult the people generally, and would specifically seek out individuals for consultation. Abu Bakr (ra) used to specially consult men from the emigrants and Ansar in order to take their opinion if an issue occurred, and they were the people of Shura to him. The people of Shura in his time were the ‘ulama’ and those who would give fatawa (verdicts). Ibn Sa’d reported from Al-Qasim
«أن أبا بكر الصـديـق كان إذا نزل به أمر يريد مشاورة أهل الرأي وأهل الفقه فيه، دعا رجالاً من المهاجرين والأنصار، دعا عمر، وعثمان، وعلياً، وعبد الرحمن بن عوف، ومعاذ بن جبل، وأبي بن كعب، وزيد بن ثابت»
“When some issue occurred at the time of Abu Bakr Al-Siddiq making him want to consult with the people of insight and Fiqh, he would call some men from the emigrants and Ansar; he would call Umar, Uthman, Ali, ‘Abd Al-Rahman b. ‘Awf, Mu’adh Bin Jabal, Abai Bin Ka’ab and Zayd b. Thabit.” All of these used to give fatawa during the Khilafah of Abu Bakr (ra), and the people would refer to them for verdicts and so this was the way that Abu Bakr (ra) preceded and when Umar (ra) took charge he used to call that same group of men.
All of this indicates taking a specific council that represents the Ummah for the fixed Shura that is mentioned in the text of the Quran and Sunnah, which is called the People’s Council (Majlis Al-Ummah) since it is the representative of the Ummah in Shura. In the same manner, its work would include accounting due to the evidence recorded. Muslim reported,
«سَتَكُونُ أُمَرَاءُ فَتَعْرِفُونَ وَتُنْكِرُونَ، فَمَنْ عَرَفَ بَرِئَ، وَمَنْ أَنْكَرَ سَلِمَ، وَلَكِنْ مَنْ رَضِـيَ وَتَابَعَ، قَالُوا: أَفَلاَ نُقَاتِلُهُمْ؟ قَـالَ: لاَ مَا صَلَّوْا»
“There will be Amirs (rulers) and you will like their good deeds and dislike their bad deeds. One who sees through their deeds (and tries to prevent their repetition), is absolved from blame, and one who hates their bad deeds (in their hearts, being unable to prevent their recurrence), is (also) safe. But one who approves of their bad deeds and imitates them is spiritually ruined. They asked: “Shouldn't we fight against them?” He replied: No, as long as they still pray” and prayer here is a metaphor for ruling by Islam.
Part of accounting is Muslims disputing at the start of the issue and at the head of them is Umar (ra) who did that to Abu Bakr (ra) when he was insistent to fight against the apostates. Muslim and Al-Bukhari reported from Abu Hurayrah who said,
«لَمَّا تُوُفِّيَ رَسُولُ اللَّهِ وَكَانَ أَبُو بَكْرٍ ، وَكَفَرَ مَنْ كَفَرَ مِنَ الْعَرَبِ، فَقَالَ عُمَرُ : كَيْفَ تُقَاتِلُ النَّاسَ وَقَدْ قَالَ رَسُولُ اللَّهِ أُمِرْتُ أَنْ أُقَاتِلَ النَّاسَ حَتَّى يَقُولُوا لاَ إِلَهَ إِلاَّ اللَّهُ، فَمَنْ قَالَهَا فَقَدْ عَصَمَ مِنِّي مَالَهُ وَنَفْسَهُ إِلاَّ بِحَقِّهِ، وَحِسَابُهُ عَلَى اللَّهِ. فَقَالَ: وَاللَّهِ، لأُقَاتِلَنَّ مَنْ فَرَّقَ بَيْنَ الصَّلاةِ وَالزَّكَاةِ، فَإِنَّ الزَّكَاةَ حَقُّ الْمَالِ، وَاللَّهِ، لَوْ مَنَعُونِي عَنَاقًا كَانُوا يُؤَدُّونَهَا إِلَى رَسُولِ اللَّهِ لَقَاتَلْتُهُمْ عَلَى مَنْعِهَا. قَالَ عُمَرُ فَوَاللَّهِ مَا هُوَ إِلاَّ أَنْ قَدْ شَرَحَ اللَّهُ صَدْرَ أَبِي بَكْرٍ فَعَرَفْتُ أَنَّهُ الْحَقُّ»
“When Allah's Prophet died and Abu Bakr became the caliph some Arabs renegade (reverted to disbelief) (Abu Bakr decided to declare war against them), `Umar , said to Abu Bakr, "How can you fight with these people although Allah's Prophet said, 'I have been ordered (by Allah) to fight the people till they say: "None has the right to be worshipped but Allah, and whoever said it then he will save his life and property from me except on trespassing the law (rights and conditions for which he will be punished justly), and his accounts will be with Allah.' " Abu Bakr said, "By Allah! I will fight those who differentiate between the prayer and the Zakat as Zakat is the compulsory right to be taken from the property (according to Allah's orders) By Allah! If they refuse to pay me even a she-kid which they used to pay at the time of Allah's Prophet . I would fight with them for withholding it" Then `Umar said , "By Allah, it was nothing, but Allah opened Abu Bakr's chest towards the decision (to fight) and I came to know that his decision was right ”
Likewise, Bilal Bin Rabah (ra) and Al-Zubayr (ra) and others disputed with Umar (ra) about his decision regarding splitting the land of Iraq between the fighters, and how a Bedouin argued with Umar (ra) regarding protecting some of the land; Abu ‘Ubayd narrated in Al-Amwal from Amer Bin ‘Abd Allah Bin Al-Zubayr, I consider it to be from his father, who said
«أتى أعرابي عمر فقال: يا أمير المؤمنين، بلادنا قاتلنا عليها في الجاهلية، وأسلمنا عليها في الإسلام، علام تحميها؟قال: فأطرق عمر، وجعل ينفخ ويفتل شاربه، وكان إذا كربه أمر فتل شاربه ونفخ، فلما رأى الأعرابي ما به جعل يردد ذلك عليه، فقال عمر: المال مال الله، والعباد عباد الله، والله لولا ما أحمل عليه في سبيل الله ما حميت من الأرض شبراً في شبر»
“A Bedouin came to Omar and said: O Amir of the believers, we fought on our land in Jahiliyyah, and we became Muslims while it is still under our possession, – Why are you protecting it (make it Hima) ? Umar bowed his head, blew and twisted his moustache – would do so when distressed – so when the Bedouin saw what he was doing, he repeated what he said again. Then Umar said: The property is Allah’s property, and the slaves are Allah’s; I swear by Allah- had I not been charged with that in the cause of Allah, would I not have protected (made Hima) a hand-span of land”., and Umar (ra) used to protect some of the land from the general property for the Muslim cavalry. In the same way a woman accounted him over his prohibition of people increasing the Mahr over four hundred Dinar, saying to him:
ليس هذا لك يا عمر: أما سمعت قول الله سبحانه: ((وَآَتَيْتُمْ إِحْدَاهُنَّ قِنْطَارًا فَلَا تَأْخُذُوا مِنْهُ شَيْئًا)) [النساء 20] فقال: أصابت امرأة وأخطأ عمر
“This is not for you Umar – did not you hear the words of Allah “And you have given one of them a great amount [in gifts], do not take [back] from it anything.” (TMQ 4:20), and so he said the woman is correct and Umar (ra) is wrong.
In this way, the explanation for this article has been made clear in that the Messenger established a specific apparatus for the State with a specific form and applied that until he met His Lord (swt). The righteous Khulafaa’ after him continued upon the same method, ruling according to this apparatus that the Messenger set up, as seen and heard by the companions, and for this reason it is specified that the apparatus of the Islamic State should be upon this form.