Caliph
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[edit] The Caliph
The Caliph (khaleefah) is the name given to the head of state in the Caliphate. Although many commentators and historians have tried to interpret the position of the Caliph within existing political frameworks, the Caliph is in fact a unique political position.
[edit] The Caliph is not a King or Dictator
All executive powers are held with the Caliph. This leads to strong leadership where problems can be solved quickly and efficiently, unlike the bureaucracy and slow response in passing new laws and dealing with problems found in Western democracies. The counterbalances to this strong executive are discussed later.
The Caliph's authority to rule must be given willingly by the people through a special ruling contact called baya. Without this baya he cannot be the head of state. This is totally opposite to the post of a King or Dictator who imposes his authority on the people through coercion and force. The tyrant Kings and Dictators in the Muslim world are ample examples of this, imprisoning and torturing their own people and stealing their wealth and resources.
This baya contract stipulates that the Caliph must be just and rule the people by Islamic Law (shariah). He is not sovereign and cannot legislate laws from his mind that suit his personal and family interests. Any laws he wishes to pass must be derived from the Islamic legal sources through a precise and detailed methodology called ijtihad. If the Caliph legislates any law contrary to this or commits oppression against his people, the highest and most powerful court in the State called the Unjust Acts Court (mahkamat muzalim) will impeach the Caliph and order his removal from office. His removal from office will be undertaken by the Police unless he steps down voluntarily.
[edit] The Caliphate is not an Empire and the Caliph is not an Emperor
The Caliphate does not favour the state's capital or any of the lands it rules over above any others. Nationalism and racism have no place in Islam and are totally prohibited.
Allah (swt) says in the Holy Qur'an:
“O You who believe! Indeed We have created you from a single male and female and We have made you into nations and tribes so that you know each other, Verily the noblest among you in the sight of Allah is the one who is most deeply conscious of Him. Behold Allah is all knowing, all aware.” [TMQ 49:13]
Therefore the Caliph can be from any race or colour as long as he is Muslim. Historically the capital of the Caliphate moved as the State expanded. Medina, Kufa, Baghdad, Damascus and Istanbul have all been capitals of the previous Caliphate, and the Caliph's have been from many different tribes and races. As for the Caliph being Muslim, the head of state in any country must believe in the ideology or law being implemented. This is usually embodied in the oath sworn by the head of state when taking office. This is why a Communist could never be accepted as a US President.
[edit] The Caliph is not a ‘Muslim Pope'
The Caliph has been likened to a Pope, who is the Spiritual Head of all Muslims, infallible and appointed by God. This is not the case as the Caliph is not a priest. His post is a political post within the Islamic government. He is not infallible and can make mistakes, which is why many checks and balances exist to ensure he doesn't go astray such as the Unjust Acts Court and the House of Representatives.
The Caliph is not appointed by God rather he is elected by the people and assumes authority through the baya contract. The Caliphate is not a theocracy since its legislation is not restricted to religious and moral codes that neglect the problems of society. Rather shariah is a comprehensive system that legislates on ruling, social, economic and judicial matters to name but a few. Economic progress and enhancing the living standards of the people is one of its major objectives. This is totally opposite to backward, medieval theocracies found in Europe where the poor were oppressed and forced to work and live in squalid conditions in return for the promise of heaven. Historically the Caliphate was a rich state with a flourishing economy and standard of living and was world leader in industry and scientific research.
[edit] The Caliph is elected
The Caliph is appointed by the people through a general election held whenever the post becomes vacant. The maximum time limit to appoint a new Caliph is three days and two nights. Although the time for campaigning by candidates is very short, in reality the candidates for the post of the Caliph will already be well known to the people. They will be politicians with experience in one or more of the government institutions such as the Assistant Caliph, Director of Jihad or Treasury Secretary. This is elaborated in the section on Electing the Caliph.
[edit] The Caliphate's Checks and Balances
The Caliph's motivation for strictly adhering to the letter of the law and fulfilling his baya contract is his belief in Islam. This belief orders him to fear the creator of everything – Allah (swt), who will account him for all his actions no matter how small when he dies. This belief in itself will create a trustworthy and responsible Caliph who unlike Western leaders will not say one thing and do something else. However as mentioned above the Caliph is not infallible and can make mistakes or commit illegal acts. If this happens he does not have immunity from prosecution as the President does in a democratic system. Rather if he commits a criminal offence he is taken to court and tried before a judge. The judge applies the sentence without regard to his status or position.
Each Muslim has a responsibility in accounting the Caliph and his government. The action of accounting is one of the best and noblest tasks in Islam. The Messenger of Allah (saw) said: “The best of Jihad is to say a word of truth before a tyrant ruler”. Therefore anyone in the State whether they are individuals, members of political parties or in the media, has the right to account and criticise the Caliph. They cannot be arrested or criminalised for speaking out as we find happening to many people in Britain, such as Walter Wolfgang the 82 year old man who dared say the word “nonsense” during the foreign secretary Jack Straw's speech on Iraq back in September 2005.
Furthermore the government itself has formal institutions that provide strong checks and balances against the power of the Caliph and his cabinet. The first is the House of Representatives and the second is the Unjust Acts Court.
The House of Representatives is an elected House whose members represent the interests of the people. The members can be Muslim, non-Muslim, men or women. The House has the right to account the Caliph regarding all the actions that the state has executed, whether domestic or foreign, financial, military or the like. The view of the House is binding wherever the majority opinion is binding and not binding wherever the majority opinion is not. This is elaborated in the ‘House of Representatives' section. Also the House can pass resolutions expressing dissatisfaction with the Governors, Mayors and Assistants (mu'awin), and the Caliph must remove them.
The Unjust Acts Court (mahkamat muzalim) is an independent court consisting of expert judges (qadi muzalim) who specialise in government and constitutional law. They have full power to initiate investigations assisted by the Police in to potential illegal acts committed by members of the government including the Caliph. If the Caliph breaches his ruling contract of baya he is tried by the Unjust Acts Court and if found guilty will be impeached and removed from office.
