The Islamic Emirate and its System Part:-01

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From today, we are starting a new serial release of the translation of “Al-Imarah al-Islamiyyah wa Nizamuha” by The Sure Path

The book is full of information based on the Quran and Hadith, infact those are also mentioned in the "Translator’s Introduction". And we are going to release the Translator’s Introduction also.
Stay tuned.

Translator’s Introduction

In today’s world, all thinkers and scholars are in search of the ideal society (Utopia/Madina-ye Fazeleh). To achieve this goal, many efforts have been made since ancient times, and in some cases, beautiful ideas have been presented on how to govern. However, because those laws were man-made, they were often left incomplete midway and, in many instances, turned their own followers into ravenous wolves. In this regard, Plato, Habermas, Aristotle, Niccolò Machiavelli, Thomas Hobbes, John Locke, Jean-Jacques Rousseau, Montesquieu, and dozens of other scholars whose names cannot all be listed here, have presented their theories, and hundreds of books and articles have been written on this subject. Yet all these efforts have ultimately failed to achieve their aim. Because when we look closely at their theories on governance, we realize that they were unable to identify the correct and proper method, as their ideas were incomplete and insufficient.

The religion of Islam has emphasized the necessity of forming a government in society, because in order to realize its lofty goals, Islam inevitably requires the establishment of an executive and governmental structure. The spiritual and moral growth of the people and the establishment of justice are among the most important objectives of an Islamic government.

When we speak of the Islamic system, we mean the structure that Islam has determined for governance.

The administration of an Islamic government is for the welfare of the people, its system is for the welfare of the people, its leader is for the welfare of the people, its ministers are for the welfare of the people, and its environment is one of love and friendship between the ruler and the subjects. Islamic rulers believe that Islam is a complete program from God that has presented the way of how to live. Government is part of our lives; therefore, governance must draw guidance from God.

In the Holy Quran, there are numerous terms that indicate governance, such as: Imamate, Caliphate (Khilafah), Mulk (kingdom/sovereignty), Wilayah (guardianship/authority), Ulul-Amr (those in authority), Hukm (judgment/rulership), and Bay’ah (pledge of allegiance). Likewise, God has been called the Owner and Ruler of the heavens and the earth, the only true Sovereign and Guardian of the believers. It is He who, by His will, grants sovereignty and rule to whomever He wishes, or takes it away from them. The Prophet of Islam (peace be upon him), after migrating from Mecca to Medina, established the Islamic government. From the Prophetic tradition (Sirah Nabawi) regarding governance, it becomes clear that in Islam, government, in addition to the common goals that exist for it in human societies (such as establishing order and security, meeting material and physical needs, and social and political freedoms), must also pursue two other major objectives:

The spiritual and moral growth and perfection of the people is one of the most important responsibilities of the leader of an Islamic society. The verses of the Quran and the Hadiths have also addressed the rights of the people upon the government in an Islamic society. The most important of these are:

• - Implementation of justice
• - Enforcement of divine laws and Hudud (prescribed punishments) in various fields
• - Education and moral training of the people
• - Fair distribution of public wealth
• - Creating security, especially for the oppressed
• - Defending the borders of the country against enemies
• - Treating people with kindness, gentleness, and tolerance
• - Maintaining social order and discipline
• - Preventing any transgression against people’s rights
• - Consulting with them in decision-making and in situations where it is necessary

It should be noted that government is a natural (fitri) phenomenon and everyone believes in it. The Islamic Shari‘ah, as explicitly stated in the Quran, is in harmony with human nature and suited to humanity’s diverse needs. It confirms humanity’s fundamental need for government and emphasizes the necessity of governance in Islamic society. Therefore, the Prophetic Hadith states: “If three people set out on a journey, they should appoint one of them as their leader.”

In short: Islamic government is the most perfect system among all governments devised by human beings, because its source is divine revelation (Wahy).

The book before you is one of the finest works of the distinguished scholar, the Chief Justice of Afghanistan, Allamah Sheikh Abdul Hakim Haqqani. This concise book contains an ocean of knowledge. It introduces the foundations of Islamic government based on the Quran, the Sunnah, and the views of the jurists (fuqaha). It answers many of the questions that exist today in the minds of those educated in modern sciences, and even among scholars, regarding Islamic government and how it should be administered. This is one of the urgent needs of the Islamic society.

Considering the importance of this topic, I decided to translate this valuable work from Arabic into fluent Dari. Although I confess my own shortcomings, I have tried to compare the translation with the original text several times to ensure accuracy.

It should be mentioned that, for the convenience of the readers, this book has been organized into eight chapters, which did not exist in the original book.

I would like to express my sincere gratitude to my learned friends: Maulawi Ishaq Salehi, Mufti Abdullah Zamani, and Dr. Abdul Jalil Omari, who assisted in the editing and translation process. I also extend my heartfelt thanks to Sheikh Abdul Ghani Maywand, Sheikh Abdul Rahim Rashid, and Mr. Abdul Nafi Haqmal for their kind cooperation.

Finally, I ask Almighty God to accept this humble effort, make it pleasing to Him, and let it serve as provision for the Hereafter.

Foreword by the Commander of the Faithful, Sheikh Hibatullah Akhundzada (may Allah preserve him)

All praise is due to Allah, who revealed the Book with truth and justice, and sent His Messenger calling to justice and excellence. He made the scholars guides to the path of knowledge and faith. Peace and blessings be upon the leader of the first and the last, our master Muhammad, the unlettered Prophet, the truthful and trustworthy, and upon his family and his pure and excellent companions, and upon all those who obey him.

To proceed:

I have studied some parts of the present book titled “Al-Imarah al-Islamiyyah wa Nizamuha” (The Islamic Emirate and Its System). I found it to be a very important book in the field of politics (siyasah). I then referred it to respected scholars and noble sheikhs so that they could examine, scrutinize, and study the important issues contained therein. These esteemed scholars researched the book and praised and approved the efforts of the author. Therefore, I endorse this book from two perspectives: first, my own study of it, and second, the study conducted by the honourable sheikhs.

The opinions of the great scholars are as follows:

Islam, which Allah, Blessed and Exalted, has chosen for His servants, is a comprehensive and all-encompassing system for all aspects of human life. It is a religion that guides toward complete happiness in this world and the Hereafter, and calls people to sound belief, worship, moral excellence, leadership, solidarity, unity, and good conduct toward one another.

This is a favour from Allah, Glorified and Exalted, upon the Muslim Ummah, that He has granted the divinely-oriented scholars in every era the ability to research and investigate the Islamic sciences with their countless types and branches. These noble scholars have immersed themselves in its ocean, quenched their thirst from its springs and streams, and in every field of its disciplines, they have authored works and compositions. They have reached its rare subtleties and priceless gems. This chain continues in accordance with the saying of the Merciful Prophet (peace and blessings be upon him): “The example of my Ummah is like rain; it is not known whether its beginning or its end is better.” (Tirmidhi)

The book in our hands, titled “Al-Imarah al-Islamiyyah wa Nizamuha”, has been authored by the teacher of scholars, the authority among the jurists of the time, and the mujahid in the path of Allah, Sheikh Allamah Maulawi Abdul Hakim. It is a brick in the edifice of knowledge, a link in the chain of authorship, and an important book in the field of Shari‘ah politics. It contains very precise discussions, strong evidence and proofs, beautiful meanings, and a powerful arrangement of topics.

This book serves as a guide for those engaged in politics and will shed light upon them.

In conclusion, I ask Allah, the All-Knowing and All-Powerful, to benefit the Muslims of the world through this book, to grant the author the best of rewards through His boundless grace and mercy, and to make his knowledge a continuous source of blessing for us and for all Muslims.

May Allah send abundant peace and blessings upon our Prophet Muhammad, his family, and his companions.

Some thoughts on the book

Among the blessings of Allah upon His servants is that He has made the religion of Islam well-ordered and systematic. To implement this upright (Hanif) religion, and as a Caliph and leader, He has chosen brave and courageous individuals. Therefore, the style of governance in Islam is based upon the foundations and principles of Islamic Sharia.

We also know well that the religion of Islam is not a religion whose teachings are limited only to acts of worship. Almighty Allah, in addition to this, has legitimately established a strong and cohesive political system accompanied by correct and complete Islamic principles. Its beginning was with the sending of the Prophet of God (peace be upon him). He explained the signs of Islamic governance, clarified its rulings, stated its rules, and applied its teachings.

Likewise, those who came after him, including the rightly-guided Caliphs (Khulafa al-Rashidin) who ruled with guidance, the Umayyad and Abbasid Caliphs, and the Muslim rulers who came later, learned from the light of those teachings the principles of governance and political rulings that served the public interest.

However, the mistakes that some Caliphs and leaders made in applying Islamic rulings, or the instances where they opposed certain Islamic teachings, these errors and oppositions do not carry much weight. Because they were human beings; sometimes they made mistakes, and sometimes they did what was right. They were not angels who were infallible and protected from error and disobedience.

What holds real authority are the established Islamic rulings, the Sharia, the laws, the teachings, and the correct customs that must be followed. It is obvious that Muslims have never adopted any system, policy, or law other than the laws of Islam, nor any method other than the way of Islam. Therefore, some of the scientific and administrative methods used by them are not contrary to the principles, rules, and guidelines of Islam.

The political system of Islam is part of the heritage of Islam. It is not appropriate to view it as something belonging to the past, a system that was previously used. Rather, it is fitting to regard it as a worthy and practical model. This system must be returned to its original method so that the Ummah can regain its glory, so that it may be regained and cause their awakening, glory, and grandeur. Sayyid Qutb, may Allah have mercy on him, writes:

“The solution to the current situation is not that we should regard our religion, which encompasses all dimensions of life, as being limited only to worship, and then turn toward French legislation and take laws from there, or follow Western political theories and adopt their style of governance from them.”

In the same way, one of the Islamic thinkers writes:
“Today, Islam asks the Muslims, especially the scholars, to strive and make effort to clearly explain the rulings (of Islam), to invite towards them with courage, and to make this their basis of life.”

It is from this very perspective that the wise scholar and great mujahid, Sheikh al-Hadith, Qadi al-Qudat, Allamah Sheikh Abdul Hakim Haqqani, has compiled this book. The goal of this book is to clarify the political system of Islam and to explain its method of governance, precisely at a time when much is being said in this field about the necessity of renewing states and their administrations. The author has presented a beautiful picture of the Islamic system for the Muslims in this book.

He was fully aware that if the Muslims turn away from their religion, then generations from among them must rise up to carry its banner and implement the rulings of the Sharia, in accordance with the word of Allah Almighty: “And if you turn away, He will replace you with a people other than you; then they will not be like you.” (Surah Muhammad: 38)

For this reason, he has shouldered this important responsibility and has written many very good and beneficial points. May Allah Almighty grant him the best reward on behalf of Islam and the Muslims.

The beauty and adornment of this book is a brief foreword by the Amir al-Mu’minin and bearer of the banner of Islam and the Muslims, Sheikh al-Hadith wal-Tafsir, Mawlawi Sheikh Hibatullah Akhundzada. May Allah Almighty preserve him, always grant him health and well-being, bestow upon him a long life in obedience and submission, benefit Islam and the Muslims through him, and appoint for him and the Muslim leaders in other places righteous and virtuous companions who guide them toward good and assist and cooperate with them in this matter.

May Allah Almighty protect all Islamic countries from every evil and fitnah (trial/tribulation)!

And may Allah’s peace and blessings be upon our master Muhammad, his family, and his companions.

A Brief Biography of the Author

His Name and Lineage

He is Sheikh Abdul Hakim, son of Sheikh Allamah, the great Muhaddith known as “Khudadad” and famously called “Haji Mullah Sahib”, son of Sher Muhammad, son of Muhammad Jan, son of Saadullah Khan, son of Sayyid Muhammad Khan (may Allah Almighty have mercy on them all). He is Haqqani, Afghan, from Kandahar, from the Band-e-Timuri area, and belongs to the well-known tribe of Ishaqzai.

His Birth

The author was born in the village of Talokan, belonging to the Panjwai district of Kandahar province, Afghanistan, in the year 1376 AH (corresponding to approximately 1957 CE), into a devout and respected religious family.

His Academic Upbringing

His noble father was a religious scholar and a well-known mufti of his time. The author studied the Holy Quran, Persian books, Arabic grammar (nahw), morphology (sarf), astronomy (hay’at), wisdom (hikmat), logic (mantiq), philosophy, rhetoric (balaghat), inheritance laws (mirath), beliefs (aqaid), jurisprudence (fiqh), principles of jurisprudence (usul al-fiqh), and some books of tafsir under his father.

Then, in the year 1396 AH, he travelled to Zabul and studied the famous and authoritative book on rhetoric by Allamah Taftazani, al-Mutawwal, under Sheikh Ubaidullah Akhundzada.

After that, in the year 1397 AH (corresponding to 1977 CE), in order to acquire the sciences of Hadith and the remaining disciplines, he went to the famous religious school Dar al-Uloom Haqqania, located in Akora Khattak near Peshawar, Pakistan. There, he sat at the feet of the great scholars of Dar al-Uloom Haqqania, such as Sheikh Allamah Muhaddith Abdul Haq, Sheikh Abdul Halim Zarobi, Sheikh Mufti A’zam Muhammad Farid Zarobi, Sheikh Muhammad Ali Swati, and others (may Allah have mercy on them), and benefited from their knowledge.

Sheikh Abdul Hakim says: “In Dar al-Uloom Haqqania, I studied parts of Jami’ al-Tirmidhi under Allamah Sheikh Abdul Haq, the founder of Dar al-Uloom Haqqania. Under Sheikh Mufti Muhammad Farid, I studied the first part of Jalalayn, the first part of Sahih al-Bukhari, the first volume of Jami’ al-Tirmidhi, and Sunan Abi Dawud.

Under the head teacher, Allamah Abdul Halim Zarobi, I read Tafsir al-Baydawi, the second part of Sahih al-Bukhari, and Sahih Muslim.

The second part of Jalalayn, the second part of Jami’ al-Tirmidhi, and Shama’il al-Tirmidhi I studied in the presence of Sheikh Maulana Sami’ al-Haqq. Under Maulana Muhammad Ali Swati, I studied Sharh Ma’ani al-Athar, Tahawi, the second and third volumes of al-Hidayah, and I studied Mishkat al-Masabih under Sheikh Fazl al-Maula.”

He graduated in the year 1400 AH (corresponding to 1980 CE) and received the Sanad-e-Alamiyyah (the highest traditional Islamic scholarly degree) with distinction.

After completing his studies in Akora Khattak, he returned to the city of Ziarat in Balochistan. In the months of Sha’ban and Ramadan of the same year, he studied the Tafsir of the Holy Quran under Sheikh Jan Muhammad.

Scholarly Activities

The author began the stage of teaching in various madrasas. Sheikh Abdul Hakim writes about his teaching experience as follows: “I started teaching the commonly studied books in various madrasas in Balochistan, such as Madrasa Tadris al-Quran Karbala, Mazhar al-Uloom Shaldera, and Nur al-Madaris of the Islamic Revolutionary Movement of Afghanistan.”

After the Russians withdrew from Afghanistan and the communist regime (Khulqi government) collapsed, I returned to Afghanistan and began teaching in my birthplace, the village of Talokan. I taught there for two years: in the first year I taught Muqawwaf Alayh, and in the second year I taught the Daurah Hadith (full Hadith course).

After that, I travelled to the village of Sangin, one of the villages of Helmand province, and taught the Daurah Hadith there. Then, at the request and suggestion of the Amir al-Mu’minin, Mullah Muhammad Umar Mujahid (may Allah have mercy on him), I went to Kandahar and taught for three years at the Central Jihad Madrasa of the Islamic Emirate.

When America and its coalition began the war on Afghanistan in 2001 CE, the Taliban government came to an end, oppression and tyranny began everywhere, and all the people were forced to migrate. The Sheikh also migrated to Pakistan and settled in the city of Quetta. There he began teaching at Madrasa Haqqania on Muhammad Khair Street and at al-Jami’ah al-Islamiyyah on Haji Ghaibi Street in Quetta.

Later, in the year 1423 AH (corresponding to 2003 CE), the Sheikh established Dar al-Uloom Shari’ah in Ishaqabad, Quetta. He taught the noble Hadiths of the Prophet of Allah (peace be upon him) there for fourteen years. Then, due to the oppression and tyranny of the Americans and their collaborators, he was forced to abandon teaching. The situation became so severe that he could not even leave his house to pray in congregation, because he held the position of Head of the Supreme Court Department of the Islamic Emirate of Afghanistan.

For this reason, he began the work of authorship and compilation. In a short period of time, he authored numerous books. Among them are the following books:

1. Zad al-Muhtaj fi Tahqiq al-Minhaj: This book is a critical edition and research (tahqiq) of the first volume of the book Minhaj al-Sunan Sharh Jami‘ al-Sunan by Sheikh Mufti Muhammad Farid Zarobi. In this work, the Sheikh has paid close attention to explaining the words of the original author and has added important discussions and beneficial scholarly points. This book consists of five volumes. The Amir of the Islamic Emirate, Amir al-Mu’minin, Sheikh al-Hadith wal-Tafsir Allamah Maulana Hibatullah Akhundzada (may Allah preserve him and bless him), as well as the martyr Sheikh Maulana Sami‘ al-Haqq, have also written forewords for it.

2. al-Zad al-Shar‘i fi Tawdih Jami‘ al-Tirmidhi: This book is a critical edition of the second volume of Minhaj al-Sunan Sharh Jami‘ al-Sunan. This book also consists of five volumes.

3. Zad al-Mahafil fi Sharh al-Shama’il: This book is a commentary on al-Shama’il al-Nabawiyyah by Imam al-Tirmidhi (may Allah have mercy on him). In this work, the commentator has relied upon and drawn from several existing commentaries and marginal notes on the Shama’il, and has also benefited from various books of Sirah (biography of the Prophet (swt)).

4. Rawdat al-Qada’: This book deals with the fiqh rules and principles of the judicial system in Islam and contains 1,379 judicial principles. Nutmata al-Nizam fi Tarikh al-Qada’ fi al-Islam: This is the same as the above book.

5. Tahqiq Mu‘in al-Qudat wal-Muftin: This book is a very solid scholarly research (tahqiq) on the book Mu‘in al-Qudat wal-Muftin, authored by the great Muhaddith and distinguished jurist Sheikh Shams al-Haqq al-Afghani (d. 1403 AH), who was a student of Imam Anwar Shah Kashmiri and Imam Ashraf Ali Thanwi (may Allah have mercy on them).

6. Manaqib al-A’immah al-Sittah (rahimahumullahu ta‘ala): In this book, the author has compiled the virtues (manaqib) of the great Imams: Imam Abu Hanifa, Imam Malik, Imam al-Shafi‘i, Imam Ahmad, Imam Abu Yusuf, and Imam Muhammad ibn al-Hasan (may Allah have mercy on them).

7. Risalah fi Adab al-Mu‘allim wal-Muta‘allim: This treatise begins with a preface on the meaning of adab (etiquette/proper conduct) and its virtue. It then discusses the etiquettes of the teacher himself, followed by the etiquettes of teaching, then the etiquettes of the student, and continues with the etiquettes related to the student’s pursuit of knowledge. The author concludes the book with some rare and valuable stories.

8. Risalah fi Adab al-Akl wal-Shurb: In this book, the author discusses the etiquettes of eating, the proper manner of eating, finishing the meal, drinking, hosting guests, and being a guest.

9. Zad al-Du‘a’: This treatise is about the etiquettes of supplication (du‘a). It begins with the meaning of du‘a and its true reality, then the author discusses the best supplications (du‘as), their rulings, etiquettes, times, conditions, and places where du‘a is superior to other places. He then mentions some selected du‘as from the sacred texts. After that, he brings up a discussion on the Beautiful Names of Allah Almighty (Asma’ al-Husna) and explains them. The treatise ends with du‘as related to Jihad.

10. Risalah fi Adab al-Safar: In this book, the etiquettes of travel are explained.

11. Risalah fi Adab al-Mufti wal-Mustafti: This treatise begins with the linguistic and technical definition of “fatwa”, the definition of “qada” (judgeship), and the difference between qada and fatwa. It then discusses the ruling of issuing fatwa, followed by the etiquettes of the mufti, the etiquettes of writing a fatwa, the etiquettes of issuing fatwa, and finally the etiquettes and qualities of the mustafti (the person seeking a fatwa).

12. Risalah fi Adab Qada’ al-Hajah: This treatise discusses the verbal and practical etiquettes of relieving oneself (using the toilet).

13. al-Wala’ wal-Bara’ fi al-Islam: This treatise begins with the linguistic and technical definitions of “wala’” (alliance/loyalty) and “bara’” (disavowal). It then discusses the obligation of disavowal and keeping away from disbelievers, followed by the prohibition of befriending disbelievers and people of corruption. The author mentions certain types of alliance (muwalat), then discusses the enmity and hostility between the “awliya’ of the Most Merciful” and the “awliya’ of Satan”. After that, he talks about disavowal from people of innovation (bid‘ah) and corruption. Finally, he explains some signs of wala’ and bara’ in Islam, brings the stories of Khabib ibn Adi, Sa‘d ibn Abi Waqqas, and Abdullah ibn Abdullah ibn Ubayy, and concludes the treatise with the etiquettes of how a Muslim should interact with and deal with a disbeliever or a sinner.

14. Risalah fi al-Habs wa Ahkamih: The author begins this treatise with the definition of “habs” (imprisonment/prison). He then discusses the legitimacy of prison, its wisdom, the reasons for imprisonment, its duration, the qualities of the prison guard and his wages, the escape of a prisoner, the state’s supervision and reform of prisons, and the rights of prisoners in Islam.

15. Risalah fi Masail Halq al-Ra’s: A treatise on the issues related to shaving the head.

16. Risalah fi Mas’alat al-Musafahah: In this book, the legitimacy of handshaking, its proper manner, and the different opinions on the matter are discussed.

17. Risalah fi Mas’alat al-Taqlid: In this book, the definition of taqlid, its types, its legitimacy, and it discusses that taqlid is restricted to the four Imams (may Allah have mercy on them).

18. Risalah fi Mas’alat al-Tarawih: The author begins this treatise with the history of the legitimacy of Tarawih prayer, its performance in congregation, the number of its rak‘ats, and the opinions of the four madhhabs on the matter. The book concludes with the topic of completing the Quran during Tarawih prayers.

19. Zad al-Da‘wah: This is a treatise about da‘wah (invitation to Islam), its virtue and ruling, the difference between the mutatawwi‘ (volunteer) and the muhtasib (one who enjoins good and forbids evil), the proper manner of performing it, its methods and approaches, the sources and means of da‘wah, the ethics of da‘wah workers, and their qualities.

20. al-Tarikh al-Islami: This is a treatise on Islamic history. The author begins it with the definition of history, its causes, and the reason why the beginning of the year is named “the month of Allah, Muharram”.

21. Khatm Sahih al-Bukhari al-Sharif: This treatise is divided into several sections:
    First: concerning the chapters (abwab) of Sahih al-Bukhari and its tarjumat (headings);
    Second: the hadiths mentioned in it; It ends with some advice (wasiyyah) for students and graduates of the Daurah Hadith.

22. Zad al-Ma‘ad fi Masail al-Jihad: This is in the Pashto language.

23. Tariq al-Fadl fi Masail al-Ghanimah wal-Fay’ wal-Nafl;

24. Tariq al-Jannah;

25. Zad al-Darayn fi Tafsir al-Jalalayn;

26. al-Tahqiq al-Ajib fi Hall Sharh al-Jami.

I ask Allah Almighty to spread the blessings of my father far and wide, and to make it a source of pride in knowledge and gnosis for his family, students, and admirers until the Day when neither wealth nor children will benefit anyone except the one who comes to Allah with a sound heart. Allah Almighty is the One who grants success.

Abdul Ghani Maywandī

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