freediver wrote on May 10
th, 2012 at 7:43pm:
The Caliphs wielded power and ran the state directly. The monarchs ran the state directly in Europe. The pope could approve or disapprove, but even when the monarchs completely rejected his authority he was in practice powerless to prevent it. In Islam, the Caliph would have simply lopped off their heads (and did so many times) as soon as he found out and it would have been all over...No entirely true. The Caliph wields genuine power in a political sense like a dictator.
Not so with the early 'Rightly-guided' caliphs. The first caliph AbuBakr stated that this was not allowed:
Quote:AbuBarzah said: I was with AbuBakr. He became angry at a man and uttered hot words. I said: "Do you permit me, Caliph (Successor) of the Messenger of God (peace & blessings of God upon him), that I cut off his neck?" These words of mine removed his anger; he stood and went in. He then sent for me and said: "What did you say just now?" I said: (I had said:) "Permit me that I cut off his neck." He said: "Would you do it if I ordered you?" I said: "Yes." He said: "No, I swear by God, this is not allowed..."
[Sunan Abu Dawood]
The 2nd Caliph, Umar Ibn al-Khattab, was known for the separating the powers of the judiciary and executive.
Quote:Caliph Umar is particularly known for his administration of impartial justice. Justice during his reignwas supervised by Qazis (Civil Judges) who were appointed by the Caliph and were free from thecontrol of the Governors. He was the first man who separated judiciary from the executive, thusensuring free and even-handed justice. “The judge was named and is still named, “says VonHammer, “the Hakim-ush-sharaa, i.e., ruler through the law, for law rules through the declaration of justice and the power of Governor carries out the declaration of it. Thus the Islamic administrationeven in its infancy proclaims in word and in deed the necessary separation between judicial andexecutive power.” Such separation of executive from judiciary has not been attained by some of themost civilized states in the modern times. The administration of justice during his time was perfectlyimpartial and he himself set an example by thoroughly carrying out the orders of the Qazi (Judge)...
...The success and efficiency of his administration mainly depended on his strict compliance over thestaff. When a governor was appointed, his letter of appointment which detailed his duties andprivileges was publicly read, so that people could know the terms of appointment and could holdhim responsible for abusing his power. Addressing a group of governors once he said,“Remember, Ihave not appointed you to rule over your people, but to serve them. You should set an example withyour good conduct, so that people may follow you.”...
.... The author of the Kitab al Khiraj writes that the lastwill of Hazrat Umar enjoined upon the Muslims to respect the assurances given to non-Muslims, andprotect their lives and properties even at the risk of their own. The Caliph had been too indulgent to non-Muslims and even pardoned their treasons (violations) which no present-day civilized government could tolerate. The non-Muslims were so much moved by these unusual sympathies of the Muslim conquerors that they sided with them in preference to their co-religionists. The Christians and Jews of Hems prayed for the return of Muslims. The Caliph, no doubt, imposed Jizia, a protection tax on the non-Muslims, but such tax was not realized from those non-Muslims who joined the Muslim army. Hazrat Abu Ubaidah, the Commander-in-chief of Muslim forces in Syria, returned the Jizia realized from the inhabitants of Hems when, due to emergency...he could not undertake the responsibility of their protection.
[AN EXTRACT FROM THE BOOK OF KHWAJA JAMIL AHMAD, HAZRAT UMAR THE GREAT]
Umar Ibn al-Khattab speech upon election as caliph:
Quote:"...O people, you have some rights on me which you can always claim. One of your rights is that if anyone of you comes to me with a claim, he should leave satisfied. Another of your rights is that you can demand that I take nothing unjustly from the revenues of the State. You can also demand that... I fortify your frontiers and do not put you into danger. It is also your right that if you go to battle I should look after your families as a father would while you are away. "O people, remain conscious of God, forgive me my faults and help me in my task. Assist me in enforcing what is good and forbidding what is evil. Advise me regarding the obligations that have been imposed upon me by God..."
Upon being assassinated whilst praying in the mosque by a Persian disbeliever, the mortally wounded Umar gave the following advise to the people as he lay dying from his wounds:
Quote:I recommend my successor to be good to the early emigrants and realize their rights and to protect their honor and sacred things. And I also recommend him to be good to the Ansar (natives of the Islamic capital Madina) who before them, had homes (in Medina) and had adopted the Faith. He should accept the good of the righteous among them and should excuse their wrongdoers. I recommend him to abide by the rules and regulations concerning the Dhimmis (protected people from the Christians and the Jews) of God and His Messenger, to fulfill their contracts completely and fight for them and not to tax (overburden) them beyond their capabilities."
[Bukhari]
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