The Islamic State is not a Theocratic State

• Theocracy is
  • a) A divine appointment i.e. not chosen by the people;
  • b) A divine decree i.e. not accountable;
  • c) Above the law.
• In contrast, the Islamic State is a ruler appointed by the people through a process called ‘bayah’. It is not a divine appointment by clergy or the like – but rather Muslims in general. The laws that the ruler establishes are there to be questioned to the extent that the ruler can be removed if he violates Islamic law. Therefore, the ruler in Islam is not sovereign and is accountable to the rule of law.

The Islamic State is not a Monarchy

• Monarchy is
  • a) Hereditary rule;
  • b) Ruling by whims i.e. the monarch is sovereign;
  • c) Above the law.
• In contrast, the Islamic State is a ruler appointed by the people through a selection/election process called ‘bayah’. This process continued throughout the Islamic history, even when father passed to son – it always required bayah from the ummah. The ruler likewise in the Islamic state is not sovereign and is accountable to the extent that the ruler can be removed if he violates Islamic law.

The Islamic State is not an Empire

• An empire concept is where a Mother State expands to colonise new lands (satellite states), subjugates the local population and transports (rapes) resources back to the mother state. The new lands in effect become colonies.
• The Islamic State and the Ottoman State was never an empire. The Islamic State’s aim is to liberate, not to subjugate. Its aim is to raise the level of society (in all matters), not to steal its resources; and provide citizenship for all without distinction between the liberators and the liberated. This is unlike the brutal colonial legacy of Britain and France, whose devastation and exploitation still persists.

The Islamic State is not Democratic

• The essential ingredient of democracy i.e. ‘Of the people, for the people, by the people” – is that sovereignty belongs to man. In democracy political parties compete for power and the ruler is elected periodically; but in which corporate interests, political expediency and smear campaigns is the norm.
• In the Islamic State, Shariyah (Islamic Law) is sovereign, where elections are conducted to appoint the ruler that will rule with Islam. Political parties do not compete for power but rather account the ruler, who is ruler for life (except through resignation, death, or violation of contract). This brings stability and prevents the political expediency of election campaigning in the west. Likewise the ruler can also be removed immediately (by due legal process) if he violates his contract.

The Islamic State is not a Dictatorship

• A Dictator is the one who
  • a) Usurps power by illegitimate force;
  • b) Rules by his whims i.e. sovereign;
  • c) Is above the law.
• In contrast, the ruler in the Islamic State is appointed through a process called ‘bayah’ and he is not sovereign, since he must judge by the Shariyah. The laws that the ruler establishes are there to be questioned to the extent that the ruler can be removed if he violates Islamic law. The fact that there is one ruler is not a problem since:
  • Checks and balances are in place to account and remove him.
  • He does not rule by his whims.
  • Singular ruling is a rational concept and exists in all types of institutions.

The Islamic State is not a Republic

• A republic is where sovereignty belongs to man.
• In the Islamic State, the Shariyah is Sovereign.

The Islamic State is not a Police State

• Unlike the west where spying is becoming the norm in universities, schools, even places of worship and homes – this is not the principle case in the Islamic State.
• Likewise, unlike the west which requires ‘citizenship and loyalty tests’, non-Muslims in the Islamic State are not obliged to believe in the Islamic values – rather they simply need to adhere to the rules implemented by the State.

All the above demonstrates the following:

1. The Islamic State must possess a structure, since it does not fit into the structures mentioned above.
2. There is no Islamic State today.
3. It is difficult to envisage how one can critic the Islamic system of governance, when there is no Islamic government today. Rather the governments in the Muslim world are secular products of colonialism.

As for the Islamic form of governance, it is summarized below:

• It is a ruling system where the Khaleefah (ruler) is elected to represent the people in looking after their affairs by the Islamic Shariyah and he is bound by the rule of law. There is no divine appointment, nor hereditary rule.

• The ruler is elected using a style that would indicate popular support, for example elections, whether directly or indirectly. This does not make Khilafah a democracy because of elections. Khilafah has no resemblance to democracy in its sources, principles and structures. Unlike democracy, there are no periodic elections or political parties that compete for power.

• Rather Khaleefah remains in office indefinitely unless he resigns, dies or violates his contractual conditions. The absence of periodic elections does not inhibit accountability. Instead, the Khilafah has continuity and society is insulated against the expedient policies, smear campaigns, false promises and influence of corporate interests that characterizes western elections and policymaking.

• The Khilafah is a centralized rule with a decentralized administration that will use the most modern techniques to deliver local services. The Khaleefah will appoint governors and assistants to help him in management of the State.

• As the Khaleefah is an executive, not legislative position, he is restricted in his actions by the Islamic Shariyah – therefore he cannot legitimize what is prohibited like torture, or detain indefinitely without charge, nor impose taxes that have no Islamic basis. The Khaleefah cannot disregard the legitimate rights of citizens. He would not adopt laws nor interfere in matters related to personal life nor enter the privacy of the home. Likewise, there is no thought police, since non-Muslims citizens are not obliged to believe in the Islamic values; rather they are simply obliged to observe the Islamic rules.

• The Khaleefah is directly accountable to various institutions, including political parties, an elected consultative assembly and by the ummah directly. All have the right and responsibility to advise, consult and account the Khaleefah based on the principle of ‘enjoining the good and forbidding the evil’. The judiciary is independent and the Court of the Unjust Acts is responsible to investigate and resolve violations committed by the State. Where rights are violated, they will be restored and where clear violations of the contract occur, the court has the power to remove the Khaleefah from office.

Written by Br. Burhan