WEBVTT 00:00:00.240 --> 00:00:08.769 Summary of the Concepts of Ahl al-Sunnah 00:00:08.769 --> 00:00:10.769 Shariah-Compliant Governance (al-Siyasah al-Shar'iyyah) 00:00:10.769 --> 00:00:13.759 Governance in Linguistic Terms 00:00:13.759 --> 00:00:18.760 It denotes leadership and presiding over subordinates in a manner that secures their well-being. 00:00:18.760 --> 00:00:22.760 Thus, it is fundamentally a relationship between a ruler and the ruled, 00:00:22.760 --> 00:00:26.760 wherein the ruler attends to the best interests of the subjects. 00:00:26.760 --> 00:00:31.760 In contemporary terminology, politics and governance have been defined in various ways; 00:00:31.760 --> 00:00:38.759 perhaps the most comprehensive definition is the oversight of all state affairs, both internal and external, 00:00:38.759 --> 00:00:43.890 so as to encompass both domestic and foreign policy. 00:00:43.890 --> 00:00:48.890 In Islamic jurisprudence, governance is termed *al-Siyasah al-Shar'iyyah* (Shariah-compliant governance). 00:00:48.890 --> 00:00:54.890 It is a reciprocal relationship between the guardian—namely, the leader and sovereign of the Muslims 00:00:54.890 --> 00:00:57.890 or his authorized deputy—and the populace, 00:00:57.890 --> 00:01:04.890 who constitute the general body of the Ummah and are obligated to obey their Muslim guardian in what is right, never in sin, 00:01:04.890 --> 00:01:08.890 in exchange for his ruling them in accordance with the Shariah of Islam. 00:01:08.890 --> 00:01:18.019 It may also be defined as the management of the Ummah's affairs and its religious and worldly interests, both domestically and abroad, 00:01:18.019 --> 00:01:21.019 strictly in accordance with Islamic law. 00:01:21.019 --> 00:01:27.040 The Relationship Between Shariah-Compliant Governance and the Universal Message of Islam 00:01:27.040 --> 00:01:34.579 The message of Islam is universal in two distinct respects; the first is the universality of those to whom it is addressed, 00:01:34.579 --> 00:01:40.579 as Allah the Exalted stated: "It is nothing less than a reminder to all the worlds," 00:01:40.579 --> 00:01:46.579 and He the Exalted said: "And We have not sent you except comprehensively to all mankind." 00:01:46.579 --> 00:01:54.579 The second respect is the comprehensiveness of its system, encompassing every matter of both this earthly life and the life of the Hereafter. 00:01:54.579 --> 00:02:00.579 He the Exalted said: "And We have revealed to you the Book as an explanation of all things," 00:02:00.579 --> 00:02:06.620 and He the Exalted said: "We have not neglected anything in the Book." 00:02:06.620 --> 00:02:10.620 Shariah-compliant governance embodies these very same dimensions of universality: 00:02:10.620 --> 00:02:17.620 it exists to look after the Ummah's affairs and its religious and worldly interests alike, 00:02:17.620 --> 00:02:27.620 and it encompasses administering the Ummah’s internal affairs as well as its relations with all surrounding communities, 00:02:27.620 --> 00:02:34.620 among which is inviting them to Islam and striving to bring them into the worship and servitude of the Lord of the worlds. 00:02:34.620 --> 00:02:40.620 Hence, it was inevitable that Shariah-compliant governance be intrinsically bound to the message of Islam, 00:02:40.620 --> 00:02:46.620 such that this divine message serves as its origin, foundation, and fountainhead. 00:02:46.620 --> 00:02:54.439 The Sources of Shariah-Compliant Governance Versus Man-Made Politics 00:02:54.439 --> 00:03:04.439 For governance to be truly Shariah-compliant, its authoritative sources must be exclusively derived from the sources of Islamic legislation itself: 00:03:04.439 --> 00:03:08.439 first and foremost are the texts of divine revelation from the Book and the Sunnah, 00:03:08.439 --> 00:03:16.439 followed by the scholarly consensus of the Ummah, and then scholarly deduction (ijtihad), which encompasses analogical reasoning (qiyas) and public interest (al-masalih al-mursalah). 00:03:16.439 --> 00:03:22.469 In contrast, modern man-made politics derives primarily from human intellect, 00:03:22.469 --> 00:03:26.469 which is fundamentally inseparable from ignorance, injustice, and personal caprice, 00:03:26.469 --> 00:03:31.469 and is grounded essentially in the separation of religion from the state and from public life. 00:03:31.469 --> 00:03:39.469 Thus, Shariah-compliant governance is a religious obligation, whereas contemporary politics is merely a secular, man-made constraint. 00:03:39.469 --> 00:03:47.330 Characteristics of Shariah-Compliant Governance Versus Man-Made Politics 00:03:47.330 --> 00:03:57.330 Shariah-compliant governance is characterized by foundational attributes, foremost of which are its divine origin, perfection, comprehensiveness, justice, 00:03:57.330 --> 00:04:04.330 balance, the realization of mankind's worldly and otherworldly welfare, the aversion of harms from them, 00:04:04.330 --> 00:04:08.330 and the establishment of ultimate servitude on earth to Allah, Glorious and Exalted is He. 00:04:08.330 --> 00:04:14.360 On the other hand, contemporary man-made politics is characterized by detachment from divine revelation, 00:04:14.360 --> 00:04:19.360 because it separates religion from the state and is built upon injustice, human whims, 00:04:19.360 --> 00:04:23.360 and the dominance and subjugation of the weak by the strong, 00:04:23.360 --> 00:04:30.360 as exemplified by the veto power held by the five permanent member states in the United Nations. 00:04:30.360 --> 00:04:36.360 It is further marked by double standards, deceit, and cunning, 00:04:36.360 --> 00:04:42.360 cloaking these grave injustices in the guise of pragmatic diplomacy, resolve, and security preservation. 00:04:42.360 --> 00:04:49.129 Claims of Separating Religion from Politics and Governance: Past and Present 00:04:49.129 --> 00:04:55.990 The claims advocating the separation of religion from politics and rule are ancient, not modern; 00:04:55.990 --> 00:05:02.990 however, under tyrannical rulers in the Islamic Ummah after the era of the Prophethood and the Rightly-Guided Caliphate, 00:05:02.990 --> 00:05:05.990 this separation was only partial and never absolute. 00:05:05.990 --> 00:05:09.990 They generally applied the Shariah in governance; 00:05:09.990 --> 00:05:15.990 yet whenever it conflicted with their self-preservation in power and threatened their thrones, 00:05:15.990 --> 00:05:20.990 they would set the Shariah aside and do whatever secured their royal dominion, 00:05:20.990 --> 00:05:23.990 claiming: "This falls under the purview of statecraft (siyasah), 00:05:23.990 --> 00:05:27.990 and the affairs of the subjects cannot be properly maintained without it; 00:05:27.990 --> 00:05:31.990 were we to entrust them solely to the strict letters of the Shariah, their affairs would be ruined." 00:05:31.990 --> 00:05:35.990 Today, however, secularists and liberals 00:05:35.990 --> 00:05:39.990 separate religion from politics and governance completely and unequivocally, 00:05:39.990 --> 00:05:44.990 relegating religion to a mere private relationship between an individual and their Lord, 00:05:44.990 --> 00:05:47.990 confined entirely to the mosque or the church, 00:05:47.990 --> 00:05:52.990 asserting that religion has no bearing whatsoever on public life outside houses of worship. 00:05:52.990 --> 00:05:54.990 Such is their baseless claim. 00:05:54.990 --> 00:05:58.990 This concept was established and entrenched in the wake of the French Revolution, 00:05:58.990 --> 00:06:04.990 when the people revolted against the Church and its unjust domination over their lives, 00:06:04.990 --> 00:06:07.990 thereby emerging with this false notion. 00:06:07.990 --> 00:06:13.990 Today, hypocrites within the Islamic Ummah from among the secularists and liberals, 00:06:13.990 --> 00:06:17.990 along with those who adopt their path, implement this deviation across Muslim lands, 00:06:17.990 --> 00:06:20.990 frequently echoing well-known slogans in support of it, 00:06:20.990 --> 00:06:25.990 such as: "No religion in politics, and no politics in religion," 00:06:25.990 --> 00:06:28.990 and: "Religion belongs to Allah, but the homeland belongs to everyone," 00:06:28.990 --> 00:06:31.990 among other such adages. 00:06:31.990 --> 00:06:39.180 Those Entitled to Exercise Shariah-Compliant Governance and Their Requisite Attributes 00:06:39.180 --> 00:06:46.009 Those entitled to exercise Shariah-compliant governance are the legitimate authorities (wulat al-amr), 00:06:46.009 --> 00:06:51.009 whom the subjects are obligated to obey in what is good, but never in disobedience to Allah. 00:06:51.009 --> 00:06:53.009 Allah the Exalted said: 00:06:53.009 --> 00:07:00.009 “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.” (4:59) 00:07:00.009 --> 00:07:05.009 “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.” (4:59) 00:07:05.009 --> 00:07:10.009 "If you believe in Allah and the Last Day; 00:07:10.009 --> 00:07:13.009 that is the best [way] and best in result." 00:07:13.009 --> 00:07:15.009 And He the Exalted said: 00:07:15.009 --> 00:07:21.009 “And if any tidings, whether of safety or fear, come unto them, they noise it abroad, whereas if they had referred it to the messenger and to such of them as are in authority, those among them who are able to think out the matter would have known it. If it had not been for the grace of Allah upon you and His mercy ye would have followed Satan, save a few (of you).” (4:83) 00:07:21.009 --> 00:07:25.009 “And if any tidings, whether of safety or fear, come unto them, they noise it abroad, whereas if they had referred it to the messenger and to such of them as are in authority, those among them who are able to think out the matter would have known it. If it had not been for the grace of Allah upon you and His mercy ye would have followed Satan, save a few (of you).” (4:83) 00:07:25.009 --> 00:07:29.009 “And if any tidings, whether of safety or fear, come unto them, they noise it abroad, whereas if they had referred it to the messenger and to such of them as are in authority, those among them who are able to think out the matter would have known it. If it had not been for the grace of Allah upon you and His mercy ye would have followed Satan, save a few (of you).” (4:83) 00:07:29.259 --> 00:07:32.259 What is meant by "those in authority" in these two verses 00:07:32.259 --> 00:07:34.259 are the scholars and the rulers, 00:07:34.259 --> 00:07:38.259 as well as their representatives, including judges, regional governors, 00:07:38.259 --> 00:07:42.259 consultative councils (Shura), and Shariah boards, 00:07:42.259 --> 00:07:46.259 along with anyone possessing legitimate Shariah authority over the people. 00:07:46.259 --> 00:07:47.259 Based upon this, 00:07:47.259 --> 00:07:53.259 it is a grave deception to apply the title of "guardian of authority" to contemporary tyrants (tawaghit) 00:07:53.259 --> 00:07:56.259 who rule by other than what Allah has revealed 00:07:56.259 --> 00:07:58.259 and ally themselves with the enemies of Allah. 00:07:58.259 --> 00:08:04.360 Just as legitimate rulers have the right to the subjects' obedience in good, 00:08:04.360 --> 00:08:09.360 they themselves are under the strict duty to obey Allah and His Messenger in everything they command, 00:08:09.360 --> 00:08:12.360 and to govern the people by the Shariah of Islam. 00:08:12.360 --> 00:08:14.360 Ibn Taymiyyah said: 00:08:14.360 --> 00:08:16.360 "Rulers and scholars 00:08:16.360 --> 00:08:19.360 have specific areas where obedience to them is obligatory, 00:08:19.360 --> 00:08:25.360 yet they too are obligated to obey Allah and the Messenger in whatever they enjoin. 00:08:25.360 --> 00:08:30.360 Thus, both guardians and subjects, leaders and subordinates, 00:08:30.360 --> 00:08:34.360 must each obey Allah and His Messenger in their respective stations, 00:08:34.360 --> 00:08:39.360 adhering faithfully to the divine law that He has prescribed for them." 00:08:39.360 --> 00:08:44.259 Obedience is exclusively in that which is right and lawful, never in sin. 00:08:44.259 --> 00:08:47.500 Regarding the words of Allah the Exalted: 00:08:47.500 --> 00:08:54.500 “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.” (4:59) 00:08:54.500 --> 00:08:59.500 “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.” (4:59) 00:08:59.500 --> 00:09:03.500 "If you believe in Allah and the Last Day; 00:09:03.500 --> 00:09:07.500 that is the best [way] and best in result," 00:09:07.500 --> 00:09:12.500 He repeated the imperative command to obey alongside the mention of the Messenger, peace and blessings of Allah be upon him, 00:09:12.500 --> 00:09:17.500 to signify that obedience to the Messenger, peace be upon him, 00:09:17.500 --> 00:09:19.500 is inseparable from obedience to Allah the Exalted. 00:09:19.500 --> 00:09:23.500 Yet He did not repeat the verb "obey" before "those in authority," 00:09:23.500 --> 00:09:26.500 thereby indicating that obedience to them is conditional: 00:09:26.500 --> 00:09:31.500 it is required only when it constitutes obedience to Allah and His Messenger. 00:09:31.500 --> 00:09:35.500 As for anything involving disobedience to Allah and His Messenger, 00:09:35.500 --> 00:09:38.500 no obedience is owed in that instance whatsoever, 00:09:38.500 --> 00:09:42.700 for there is no obedience to a created being in disobedience to the Creator. 00:09:42.700 --> 00:09:45.700 When an unlawful act is commanded, the duty is to reject it. 00:09:45.700 --> 00:09:48.700 And whenever a dispute arises regarding any matter, 00:09:48.700 --> 00:09:51.700 the obligation is to refer it back to Allah and the Messenger, 00:09:51.700 --> 00:09:53.700 as explicitly stated in the verse; 00:09:53.700 --> 00:09:54.700 what is intended here 00:09:54.700 --> 00:10:00.700 is seeking arbitration through the Book of Allah and the Sunnah of His Messenger, peace and blessings of Allah be upon him. 00:10:00.700 --> 00:10:04.700 The verse made this referral a prerequisite of true faith: 00:10:04.700 --> 00:10:09.700 "If you believe in Allah and the Last Day." 00:10:09.700 --> 00:10:15.700 This demonstrates that whoever refuses to refer disputed matters back to Allah and His Messenger 00:10:15.700 --> 00:10:17.700 is not truly a believer, 00:10:17.700 --> 00:10:19.700 but rather a believer in false authorities (al-taghut), 00:10:19.700 --> 00:10:22.700 as stated in the verse that immediately follows: 00:10:22.700 --> 00:10:26.700 “Hast thou not seen those who pretend that they believe in that which is revealed unto thee and that which was revealed before thee, how they would go for judgment (in their disputes) to false deities when they have been ordered to abjure them? Satan would mislead them far astray.” (4:60) 00:10:26.700 --> 00:10:31.700 "in what was revealed to you and what was revealed before you, 00:10:31.700 --> 00:10:34.700 “Hast thou not seen those who pretend that they believe in that which is revealed unto thee and that which was revealed before thee, how they would go for judgment (in their disputes) to false deities when they have been ordered to abjure them? Satan would mislead them far astray.” (4:60) 00:10:34.700 --> 00:10:37.700 “Hast thou not seen those who pretend that they believe in that which is revealed unto thee and that which was revealed before thee, how they would go for judgment (in their disputes) to false deities when they have been ordered to abjure them? Satan would mislead them far astray.” (4:60) 00:10:37.700 --> 00:10:42.700 and Satan wishes to lead them far astray." 00:10:42.700 --> 00:10:45.700 The first verse also emphatically affirmed 00:10:46.700 --> 00:10:50.700 the validity and profound goodness of referring back to Allah and the Messenger, 00:10:50.700 --> 00:10:55.700 stating: "That is the best [way] and best in result." 00:10:55.700 --> 00:11:00.500 The Relationship Between Politics and Administration 00:11:00.500 --> 00:11:04.230 In our modern world, administration and management 00:11:04.230 --> 00:11:07.230 have occupied a substantial part of human thought, 00:11:07.230 --> 00:11:10.230 to the extent that it has become an independent science. 00:11:10.230 --> 00:11:13.230 Specialists describe four core processes 00:11:13.230 --> 00:11:15.230 inherent to any administration: 00:11:15.230 --> 00:11:18.230 planning, organizing, executing, 00:11:18.230 --> 00:11:21.230 and follow-up and evaluation. 00:11:21.230 --> 00:11:24.230 The manager is the primary person responsible 00:11:24.230 --> 00:11:27.230 for implementing these four processes, 00:11:27.230 --> 00:11:30.230 whether executing some of them personally 00:11:30.230 --> 00:11:33.230 or delegating them to the working team 00:11:33.230 --> 00:11:35.230 that he establishes. 00:11:35.230 --> 00:11:37.360 The domains of administration are manifold, 00:11:37.360 --> 00:11:40.360 encompassing the administration of societies, 00:11:40.360 --> 00:11:43.360 the management of corporations and institutions, 00:11:43.360 --> 00:11:46.360 project management, and personal self-management, 00:11:46.360 --> 00:11:49.360 among others. 00:11:49.360 --> 00:11:52.360 From the aforementioned definition of Shariah-compliant governance, 00:11:52.360 --> 00:11:55.360 it becomes evident that it is effectively the administration of the Ummah, 00:11:55.360 --> 00:11:58.360 or, as termed in modern discourse, 00:11:58.360 --> 00:12:01.360 the administration of societies. 00:12:01.360 --> 00:12:04.360 Therefore, it must likewise realize 00:12:04.360 --> 00:12:07.360 the four core processes inherent 00:12:07.360 --> 00:12:10.360 to any sound administration. 00:12:11.360 --> 00:12:13.360 The ruler is the primary person responsible for that, 00:12:13.360 --> 00:12:16.360 assisted by his supporting administrative apparatus. 00:12:16.360 --> 00:12:19.360 However, we emphasize here the imperative that 00:12:19.360 --> 00:12:22.360 all of this must conform strictly to the methodology and Shariah of Allah, 00:12:22.360 --> 00:12:25.360 adhering to the Book of Allah 00:12:25.360 --> 00:12:28.360 and the Sunnah of His Messenger, peace and blessings of Allah be upon him, 00:12:28.360 --> 00:12:31.360 without contradicting either of them in any aspect 00:12:31.360 --> 00:12:35.059 of these administrative processes. 00:12:35.059 --> 00:12:38.059 Moderation in Administration and Governance 00:12:38.059 --> 00:12:42.740 Our interest in administration and politics should not sweep us 00:12:42.740 --> 00:12:45.740 toward excess and extremism 00:12:45.740 --> 00:12:48.740 regarding the theoretical aspect of the matter, 00:12:48.740 --> 00:12:51.740 causing leaders to drown in theoretical planning and intellectualization, 00:12:51.740 --> 00:12:54.740 such that days and months pass by, 00:12:54.740 --> 00:12:57.740 and indeed years, 00:12:57.740 --> 00:13:00.740 while they remain absorbed in theorizing and research, 00:13:00.740 --> 00:13:03.740 constantly hesitating and taking one step forward and one step back. 00:13:03.740 --> 00:13:06.740 This paralyzes them from practical action, 00:13:06.740 --> 00:13:09.740 and favorable opportunities slip away from them 00:13:09.740 --> 00:13:12.769 without being seized. 00:13:12.769 --> 00:13:15.769 Even if such individuals manage 00:13:15.769 --> 00:13:18.769 to transition from the realm of planning and theorizing 00:13:18.769 --> 00:13:21.769 into the sphere of practical execution, 00:13:21.769 --> 00:13:24.769 you find them becoming bogged down in over-organizing the work 00:13:24.769 --> 00:13:27.769 and establishing meticulous, rigid procedures, 00:13:27.769 --> 00:13:30.769 which are often merely superficial formalities 00:13:30.769 --> 00:13:33.769 that serve only to obstruct the work. 00:13:34.769 --> 00:13:37.860 Conversely, the preceding warning should not drive us 00:13:37.860 --> 00:13:40.860 to belittle the value of administration and organization, 00:13:40.860 --> 00:13:43.860 or to dismiss any organized, well-studied effort 00:13:43.860 --> 00:13:46.860 as an act of partisan innovation (bid'ah), 00:13:46.860 --> 00:13:49.860 leading to the neglect of planning and analysis 00:13:49.860 --> 00:13:52.860 and rushing into action without any preparation. 00:13:52.860 --> 00:13:55.860 This causes chaos to erupt, 00:13:55.860 --> 00:13:58.860 results in blunder and confusion, 00:13:58.860 --> 00:14:01.860 and inevitably leads to the squandering of time and resources 00:14:01.860 --> 00:14:04.860 to no avail; 00:14:04.860 --> 00:14:07.860 rather, it drives regression 00:14:07.860 --> 00:14:10.860 and returns the Ummah to backwardness. 00:14:10.860 --> 00:14:13.860 Hence, there must be a balanced, moderate approach 00:14:13.860 --> 00:14:16.860 toward planning and organization, 00:14:16.860 --> 00:14:20.860 coupled with decisiveness in execution, follow-up, and evaluation. 00:14:23.860 --> 00:14:27.620 The Codification of Islamic Law 00:14:27.620 --> 00:14:30.620 Codification is the drafting of rulings governing civil and commercial transactions 00:14:30.620 --> 00:14:33.620 into numbered legal clauses modeled after 00:14:33.620 --> 00:14:36.620 Man-made laws. 00:14:36.620 --> 00:14:39.620 This process began in the late 00:14:39.620 --> 00:14:42.620 Ottoman Caliphate, 00:14:42.620 --> 00:14:45.620 when the Sultanate observed the decline in the scholarly competence of judges 00:14:45.620 --> 00:14:48.620 alongside an increase in novel cases and incidents 00:14:48.620 --> 00:14:51.620 not explicitly addressed in the traditional books of fiqh, 00:14:51.620 --> 00:14:54.620 resulting from the mixing of the state's subjects 00:14:54.620 --> 00:14:57.690 with foreigners from neighboring nations. 00:14:57.690 --> 00:15:00.690 Consequently, a committee of scholars was formed 00:15:00.690 --> 00:15:03.690 to draft a civil code 00:15:03.690 --> 00:15:06.690 derived from Hanafi fiqh, 00:15:06.690 --> 00:15:09.690 wherein rulings were codified into numbered articles 00:15:09.690 --> 00:15:12.690 modeled after foreign legal systems, 00:15:12.690 --> 00:15:15.690 yet organized according to the thematic chapters and categories of fiqh. 00:15:15.690 --> 00:15:18.690 They published this work periodically 00:15:18.690 --> 00:15:21.690 in a gazette named the *Majjalah al-Ahkam al-'Adliyyah* (the Ottoman Courts Manual). 00:15:21.690 --> 00:15:24.690 The committee began its work in the year 00:15:25.690 --> 00:15:27.690 corresponding to 00:15:31.690 --> 00:15:34.690 and the final issue of the journal was published 00:15:34.690 --> 00:15:36.690 in the year 00:15:38.690 --> 00:15:40.690 corresponding to, 00:15:43.690 --> 00:15:46.690 meaning that the project spanned seven years. 00:15:46.690 --> 00:15:49.690 The total number of articles in the *Majallah* reached 00:15:49.690 --> 00:15:52.690 one thousand eight hundred and fifty-one articles. 00:15:52.690 --> 00:15:56.720 Despite the soundness of purpose and good intentions behind this endeavor, 00:15:56.720 --> 00:16:00.720 it nonetheless entails serious harms and pitfalls, 00:16:00.720 --> 00:16:04.720 some of which are severe and cannot be overlooked. 00:16:04.720 --> 00:16:08.649 The Pitfalls of Codifying the Sharia: 00:16:08.649 --> 00:16:12.769 Among the foremost perils of codifying the Sharia are: 00:16:12.769 --> 00:16:14.769 First: 00:16:14.769 --> 00:16:17.769 the further weakening of judges and jurists, 00:16:17.769 --> 00:16:20.769 and the inhibition of ijtihad (independent legal reasoning) in seeking the intent of Allah 00:16:20.769 --> 00:16:23.769 and His Messenger in legal matters, 00:16:23.769 --> 00:16:29.769 due to the complete reliance on codified legal articles and binding adherence to them. 00:16:29.769 --> 00:16:32.090 Second: 00:16:32.090 --> 00:16:34.090 opening the door for unqualified individuals who are not scholars 00:16:34.090 --> 00:16:37.090 to enter the domain of governance and the judiciary, 00:16:37.090 --> 00:16:41.090 relying solely on applying the written code 00:16:41.090 --> 00:16:45.090 without any need—according to their claim—to study the Sharia. 00:16:45.090 --> 00:16:49.090 This went so far that we witnessed civil and military judges 00:16:49.090 --> 00:16:52.090 who had never studied Islamic fiqh 00:16:52.090 --> 00:16:56.090 and possessed no qualification for legal reasoning ruling over cases. 00:16:56.090 --> 00:16:58.279 Third: 00:16:58.279 --> 00:17:01.279 compelling the people to follow a single opinion on an issue— 00:17:01.279 --> 00:17:03.279 the one codified into the law— 00:17:03.279 --> 00:17:06.279 even though it might be deemed a weaker opinion 00:17:06.279 --> 00:17:10.410 among the discerning, verified mujtahid scholars. 00:17:10.410 --> 00:17:11.410 Fourth: 00:17:11.410 --> 00:17:15.410 it can serve as a conduit for introducing secular, man-made laws 00:17:15.410 --> 00:17:19.619 in place of the rulings of the Sharia. 00:17:19.619 --> 00:17:22.940 The Pledge of Allegiance (Bay'ah): 00:17:22.940 --> 00:17:25.940 The bay'ah is a contract between the subjects— 00:17:25.940 --> 00:17:27.940 or those who represent them— 00:17:27.940 --> 00:17:30.940 and the ruler, to whom the subjects entrust, 00:17:30.940 --> 00:17:32.940 by virtue of this contract, 00:17:32.940 --> 00:17:34.940 his leadership and governance over them 00:17:34.940 --> 00:17:38.940 to serve their religious and worldly welfare. 00:17:38.940 --> 00:17:41.940 In return, they obligate themselves 00:17:41.940 --> 00:17:45.940 to listen and obey him in what is good, not in disobedience to Allah. 00:17:45.940 --> 00:17:47.940 Thus, like any contract, 00:17:47.940 --> 00:17:49.940 it possesses three foundational pillars: 00:17:50.940 --> 00:17:52.970 and the subject matter of the contract. 00:17:52.970 --> 00:17:54.970 If the subject matter of the contract is entirely lost, 00:17:54.970 --> 00:17:57.970 the contract is rendered null and void. 00:17:57.970 --> 00:17:58.970 Accordingly, 00:17:58.970 --> 00:18:02.970 there is no legitimate authority for one who wastes and combats religion, 00:18:02.970 --> 00:18:06.059 and sets aside the Sharia of Allah from governance. 00:18:06.059 --> 00:18:09.059 A pledge of allegiance is invalid without genuine choice, 00:18:09.059 --> 00:18:11.059 which ultimately belongs to the Ummah, 00:18:11.059 --> 00:18:15.059 represented by those who loose and bind (Ahl al-Hall wal-'Aqd), 00:18:15.059 --> 00:18:18.059 who are the people of sound counsel and consultation among them. 00:18:18.059 --> 00:18:22.059 They select the ruler whose pledge of allegiance is legally valid in the Sharia, 00:18:22.059 --> 00:18:25.059 one who possesses piety and righteousness, 00:18:25.059 --> 00:18:27.059 along with competence and strength. 00:18:27.059 --> 00:18:32.289 It is not permissible to grant authority to a disbeliever or a wicked transgressor (fasiq) from the outset; 00:18:32.289 --> 00:18:35.289 however, if someone who is a fasiq assumes power, 00:18:35.289 --> 00:18:38.289 or if transgression arises in him after assuming power, 00:18:38.289 --> 00:18:40.289 his authority remains in effect 00:18:40.289 --> 00:18:43.289 and praying behind him is valid, 00:18:43.289 --> 00:18:46.289 so long as he does not command the nullification of religion and the Sharia of Allah. 00:18:46.289 --> 00:18:49.319 As for the disbeliever, or one who apostatizes into disbelief, 00:18:49.319 --> 00:18:53.319 he possesses no valid authority or leadership whatsoever. 00:18:53.319 --> 00:18:55.380 Allah the Exalted said: 00:18:55.380 --> 00:18:58.380 “Those who wait upon occasion in regard to you and, if a victory cometh unto you from Allah, say: Are we not with you? and if the disbelievers meet with a success say: Had we not the mastery of you, and did we not protect you from the believers? - Allah will judge between you at the Day of Resurrection, and Allah will not give the disbelievers any way (of success) against the believers.” (4:141) 00:18:58.380 --> 00:19:01.380 "and never will Allah grant the disbelievers over the believers a way [to overcome them]." 00:19:01.380 --> 00:19:04.220 Consultation (Shura): 00:19:04.220 --> 00:19:08.559 Shura is seeking the counsel and opinion of others, 00:19:08.559 --> 00:19:13.559 and it is a defining characteristic of the Ummah of Islam. 00:19:13.559 --> 00:19:15.559 Allah the Exalted said: 00:19:15.559 --> 00:19:19.559 “And those who answer the call of their Lord and establish worship, and whose affairs are a matter of counsel, and who spend of what We have bestowed on them,” (42:38) 00:19:19.559 --> 00:19:21.559 "and whose affair is [determined by] consultation among themselves, 00:19:21.559 --> 00:19:25.559 and from what We have provided them, they spend." 00:19:25.559 --> 00:19:29.720 It is recommended at every level of leadership, 00:19:29.720 --> 00:19:32.720 whereby a leader consults those under his command 00:19:32.720 --> 00:19:36.720 in matters wherein he requires their advice; 00:19:36.720 --> 00:19:38.779 and the highest and most important form 00:19:38.779 --> 00:19:41.779 is consultation between the ruler and the ruled. 00:19:41.779 --> 00:19:44.880 Allah the Exalted said: 00:19:44.880 --> 00:19:50.880 "And had you been severe and harsh-hearted, they would have broken away from about you. 00:19:50.880 --> 00:19:55.880 So pardon them and ask forgiveness for them and consult them in the matter." 00:19:55.880 --> 00:19:58.880 “It was by the mercy of Allah that thou wast lenient with them (O Muhammad), for if thou hadst been stern and fierce of heart they would have dispersed from round about thee. So pardon them and ask forgiveness for them and consult with them upon the conduct of affairs. And when thou art resolved, then put thy trust in Allah. Lo! Allah loveth those who put their trust (in Him).” (3:159) 00:19:58.880 --> 00:20:02.880 “It was by the mercy of Allah that thou wast lenient with them (O Muhammad), for if thou hadst been stern and fierce of heart they would have dispersed from round about thee. So pardon them and ask forgiveness for them and consult with them upon the conduct of affairs. And when thou art resolved, then put thy trust in Allah. Lo! Allah loveth those who put their trust (in Him).” (3:159) 00:20:02.880 --> 00:20:08.900 How Shura Is Implemented in the State: 00:20:08.900 --> 00:20:11.900 There is no rigid, specific mold 00:20:11.900 --> 00:20:13.900 for the precise structure through which shura is conducted; 00:20:13.900 --> 00:20:16.900 rather, it is left to every environment and era, 00:20:16.900 --> 00:20:20.900 according to the suitable forms and organizations, 00:20:20.900 --> 00:20:22.900 such as consultative assemblies (majalis al-shura) 00:20:22.900 --> 00:20:25.900 and various advisory bodies, 00:20:25.900 --> 00:20:30.900 provided that the consultation does not violate the Sharia of Allah. 00:20:30.900 --> 00:20:35.900 Thus, shura is an established principle within the creed of the believers, 00:20:35.900 --> 00:20:38.900 not something generated merely by administrative structures; 00:20:38.900 --> 00:20:40.900 rather, these structures 00:20:40.900 --> 00:20:46.089 are merely means to implement this noble principle. 00:20:46.089 --> 00:20:50.089 First and foremost, there must be believing Muslims 00:20:50.089 --> 00:20:53.089 with steadfast faith in their creed, 00:20:53.089 --> 00:20:56.089 committed to the fundamentals of the Sharia and its rulings, 00:20:56.089 --> 00:21:01.089 so that through them, via suitable mechanisms of consultation, 00:21:01.089 --> 00:21:04.089 the envisioned Islamic governance may be realized. 00:21:04.089 --> 00:21:11.660 Shura does not mean hesitation and procrastination in decision-making; 00:21:11.660 --> 00:21:18.660 rather, it must be followed by resolve and reliance upon Allah in executing its outcome. 00:21:18.660 --> 00:21:20.660 Allah the Exalted said: 00:21:20.660 --> 00:21:22.660 "And consult them in the matter. 00:21:22.660 --> 00:21:25.660 “It was by the mercy of Allah that thou wast lenient with them (O Muhammad), for if thou hadst been stern and fierce of heart they would have dispersed from round about thee. So pardon them and ask forgiveness for them and consult with them upon the conduct of affairs. And when thou art resolved, then put thy trust in Allah. Lo! Allah loveth those who put their trust (in Him).” (3:159) 00:21:25.660 --> 00:21:29.660 “It was by the mercy of Allah that thou wast lenient with them (O Muhammad), for if thou hadst been stern and fierce of heart they would have dispersed from round about thee. So pardon them and ask forgiveness for them and consult with them upon the conduct of affairs. And when thou art resolved, then put thy trust in Allah. Lo! Allah loveth those who put their trust (in Him).” (3:159) 00:21:29.660 --> 00:21:34.660 Consultation nurtures both the ruler and the ruled. 00:21:34.660 --> 00:21:38.619 In consultation between the ruler and the ruled, 00:21:39.619 --> 00:21:45.609 shura between the shepherd and the flock provides an education and refinement for both: 00:21:45.609 --> 00:21:51.609 the ruler trains himself to consult his subjects and avoid autocratic tyranny, 00:21:51.609 --> 00:21:55.609 while the subjects are trained to participate in decision-making 00:21:55.609 --> 00:22:00.609 and to shoulder the consequences and responsibility of its outcome. 00:22:00.609 --> 00:22:05.440 The Autocrat’s Circumvention of Shura: 00:22:05.440 --> 00:22:07.980 A ruler's pretext of consultation 00:22:07.980 --> 00:22:12.980 with those he already knows will agree with him is not true shura. 00:22:12.980 --> 00:22:17.980 The autocratic ruler consults only when he knows they will agree with him, 00:22:17.980 --> 00:22:23.980 but acts tyrannically on his own decision whenever he suspects they will disagree. 00:22:23.980 --> 00:22:28.690 Between Governance and Worship: 00:22:28.690 --> 00:22:33.259 Worshipping Allah is an individual responsibility 00:22:33.259 --> 00:22:37.259 that requires no permission from a ruler or a regime. 00:22:38.289 --> 00:22:42.289 As for a ruler's interference in people's worship of their Lord, 00:22:42.289 --> 00:22:46.289 and conditioning it upon obtaining a permit and license from him beforehand, 00:22:46.289 --> 00:22:49.289 that is the conduct of Pharaoh, 00:22:49.289 --> 00:22:55.289 just as Pharaoh said to the magicians when they believed in the Lord of Moses, peace be upon him: 00:22:55.289 --> 00:22:59.289 "You believed him before I gave you permission? 00:22:59.289 --> 00:23:05.289 Indeed, he is your leader who has taught you magic, so you will surely know."