The way to appoint the Khalifah

There are four opinions among Muslim scholars regarding the issue of choosing the Khalif.
1. By selection (bay'ah).
2. By nomination.
3. By force.
4. By divine text.

    Wahbah Al-Zuhaili in his book the Islamic Fiqh and its evidences said:  "The Muslim scholars mentioned four methods of how to appoint the Khalif: the divine text, bay'ah, nomination or appointing successor (Wilayat Al-3ahd) and force. We will see that the correct Islamic method... is the bay'ah of Ahl Al-Hal Wa Al-3aqid and the approval of the Ummah. Anything other than the bay'ah has nothing but a weak evidence ..." Al-Fiqh al-Islami wa Adelatuh (Islamic Fiqh and its evidences) vol. 6, p 673.

    I will start with bay'ah (selection) because its the only legitimate method in my opinion. I will later discuss the other three methods and show why they are not legitimate.

    All scholars except Shi'a Imamiah (Ja'fariah) approve that bay'ah and selection of people is a legitimate way to appoint the Khalifah. This includes Sunnah, Mu'tazillah, Shi'a Zaydiah (school of Imam Zaid), Khawarij and others. Some of them think one or two of the other mentioned methods are also legitimate. Shi'a Imamiah (School of Imam Ja'far) thinks it is only Allah has the right to appoint the Imam, and he did by appointing their 12 Imams (that is why it called Imamiah).

     Khilafah is a contract of consent and selection, because it is a pledge to obey those on authority. So the consent of the person who is given the bay'ah to hold the Khilafah and the consent of those who give the bay'ah are essential. Therefore it is not allowed to take the bay'ah from the people by force, because in this case the pledge contract cannot be considered legal due to its contradiction with using force, since Khilafah is a contract of consent and selection devoid of any compulsion, like any contract. In Islam any contract to be legal requires the consent of both parties. This consent should be clear and not subject to force or  compulsion. Since Khilafah is a contract then the people should choose the Khalifah with their free well. This alone is enough evidence for the issue of voting and election. Add to it the evidences I quoted and discussed in the previous messages, more will come later.

     Thereupon, it is clear that nobody becomes a Khalif unless the Ummah appoints him in this post, and he cannot have the authority of Khilafah unless he is contracted to it.

     This method of appointing the Khalif (bay'ah) is proven by the Quran, the Sunnah and the consensus of the Sahabah. Proof that this method is the bay'ah is confirmed from the bay'ah of the of the Muslims to the Prophet (pbuh) and from the order of the Prophet (pbuh) for us to give bay'ah to the Imam (Khalif).

    The bay'ah of the Muslims to the Prophet (pbuh) was not on his Prophethood, rather it was on ruling, since it was a bay'ah over action and not a bay'ah on belief. So the Prophet (pbuh) was given the bay'ah on his capacity as a ruler and not as a Prophet and a Messenger. Because the acknowledgement of the  Prophethood and the Message is a matter of belief and not a bay'ah, so the bay'ah could only have been for him in his capacity as the head of the state. The bay'ah was mentioned in the Quran and the Hadiths. Allah (SWT) said: "O Prophet, if the believing women come to give you a bay'ah that they will not associate anything as partners to Allah, not to steal, not to commit adultery, not to kill their children, not to produce any lie that they have devised between their hands and feet, nor disobey you in what is right then accept their bay'ah" [TMQ 60:12]. Allah (SWT) also said: "Lo! Those who give bay'ah to you (Muhammad) they give bay'ah only to Allah. The hand of Allah is above their hands. Then any one who violates his oath, does so to the harm of his own Soul, and anyone who fulfils what he has Covenanted to Allah, Allah will soon grant him a great Reward." [TMQ 48:10]

    He took the pledge from men and women alike but not from a youngster who had reached the age of maturity. Al-Bukhari reported about Ubada ibn as-Samit, who said:  "We pledged ourselves to the Messenger of Allah to listen and obey in whatever pleases and displeases us, and that we should not dispute the authority of those who had been entrusted with it, and to  stand for or say the truth wherever we are, fearing no blame of anybody for the sake of Allah."

    Al-Bukhari reported on the authority of Junada bin Abi Umaiya:  We entered upon 'Ubada bin As-Samit while he was sick. We said, "May Allah make you healthy. Will you tell us a Hadith you heard from the Prophet and by which Allah may make you benefit?" He said, "The Prophet called us and we gave him the Pledge of allegiance for Islam, and among the conditions on which he took the Pledge from us, was that we were to listen and obey (the orders) both at the time when we were active and at the time when we were tired, and at our difficult time  and at our ease and to be obedient to the ruler and give him his right even if he did not give us our right, and not to fight against him unless we noticed him having open Kufr (disbelief) for which we would have a proof with us from Allah."

    Al-Bukhari reported on the authority of Umm Atiya, who said: "We gave a bay'ah to the Prophet (SAW) and then he read to us that we should not associate anything to Allah and to refrain from weeping, upon which a woman amongst us withdrew her hand and said: A woman pleased me and I want to reward (repay) her. He said nothing, so she went and then returned."

    Al-Bukhari reported about Abdullah ibn Hisham, who witnessed the Prophet (SAW), that his mother Zaynab, daughter of Hameed, took him to the Messenger of Allah (SAW) and said: "O Messenger of Allah, take his pledge", the Prophet (SAW) said: "He is young" and rubbed (wiped) his head and said du'a for him.

    Al-Bukhari reported on the authority of Anas: "The Prophet went out on a cold morning while the Muhajirin (emigrants) and the Ansar were digging the trench. The Prophet then said, "O Allah! The real goodness is the goodness of the Here after, so please forgive the Ansar and the Muhajirin." They replied, "We are those who have given the Pledge of allegiance to Muhammad for to observe Jihad as long as we remain alive."

    Al-Bukhari reported on the authority of 'Abdullah bin 'Umar:  Whenever we gave the Pledge of allegiance to Allah's Apostle for to listen to and obey, he used to say to us, for as much as you can."

    Al-Bukhari reported on the authority of 'Abdullah bin Dinar: I witnessed Ibn 'Umar when the people gathered around 'Abdul Malik. Ibn 'Umar wrote: I gave the Pledge of allegiance that I will listen to and obey Allah's Slave, 'Abdul Malik, Chief of the believers according to Allah's Laws and the Traditions of His Apostle as much as I can; and my sons too, give the same pledge.'

    Al-Bukhari reported on the authority of Jabir bin 'Abdullah:   I gave the Pledge of allegiance to the Prophet that I would listen and obey, and he told me to add: 'As much as I can, and will give good advice to every Muslim.'

    The Prophet said (PBUH): "When the oath of allegiance has   been taken for two Khalifs, kill the later of them." (Narrated in Muslim). The Prophet (PBUH) also said: "Whoso comes to you while your affairs has been united under one man, intending to divide your staff or dissolve your unity,  kill him." (Narrated in Muslim).

    Al-Bukhari, Ibnu Maja, Al-Imam Ahmad and Imam Muslim narrated from Abu Hazim who said: "I was with Abu Hurairah for five years and I heard him narrate from the Prophet (pbuh) that he said: The Prophets used to rule Ban Israel. Whenever a prophet died another prophet succeeded him, but there will be no prophets after me; instead there will be Khalifs and they will number many. They asked: what then do you order us? He said: Fulfill allegiance to them one after the other. Give them their dues. Verily Allah will ask them about what he entrusted them with."

     So the texts from the book and the Sunnah are clear that the method of appointing the Khalif is the bay'ah. All the Sahabah understood this and followed it. So Abu Bakr was given a special bay'ah in the courtyard of Bani Sa'ida, and a public bay'ah in  the mosque, then who did not give the bay'ah in the mosque gave it later on, like Ali Ibn Abu Talib. Umar was given the bay'ah from the Muslims. Uthman and Ali were also given bay'ah from the Muslims. So the bay'ah is the only method to appoint the Khalif for the Muslims. The bay'ah is based on Shura (consultation) and choice. In the following message I will start with the opinions of some scholars who think bay'ah and choice is the only legitimate way to appoint the Khalif.
 
 

Part Five

Practical Details of the Bay'ah

In the previous message the method of appointing the Khalif was discussed. It was shown that the texts from the book and the Sunnah are clear that the method of appointing the Khalif is the bay'ah. All the Sahabah understood this and followed it. In this message I will discuss the practical details to conduct the bay'ah. The way to conduct the bay'ah is evident from the appointment of the first four Khalifs who came directly after the death of the Prophet (pbuh), who are Abu Bakr, Umar, Uthman and Ali. And all the Sahabah accepted this and confirmed it. In the appointment of Abu Bakr some Muslims had debated in the courtyard of Bani Sa'ida; the nominees were Sa'd bin Ubada, Abu Ubayda , Umar and Abu Bakr, and as a result of the debate Abu Bakr was given the bay'ah. On the next day the Muslims were called to the mosque and they gave him the bay'ah. As a result of this bay'ah Abu Bakr became the Khalif.

     When Abu Bakr felt that his illness was fatal he called upon the Muslims to consult them about who would become the next Khalif. He nominated Ali and Umar. Then the Muslims through three months during the life of Abu Bakr, chose Umar by their majority. When he completed the consultation and knew the majority of the Muslims opinion he announced to them that Umar would be the Khalif after him. After the death of Abu Bakr the Muslims came to the mosque and gave the bay'ah of Khilafah to Umar so he became Khalif by this bay'ah and not by the consultations nor by the announcement of Abu Bakr.

    Al-Bukhari reported on the authority of Anas bin Malik: That he heard 'Umar's second speech he delivered when he sat on the pulpit on the day following the death of the Prophet 'Umar recited the Tashahhud while Abu Bakr was silent. 'Umar said, "I wish that Allah's Apostle had outlived all of us, i.e., had been the last (to die). But if Muhammad is dead, Allah nevertheless has kept the light amongst you from which you can receive the same guidance as Allah guided Muhammad with that. And Abu Bakr is the companion of Allah's Apostle He is the second of the two in the cave. He is the most entitled person among the Muslims to manage your affairs. Therefore get up and swear allegiance to him." Some people had already taken the oath of allegiance to him in the shed of Bani Sa'ida but the oath of allegiance taken by the public was taken at the pulpit."

More details about the bay'ah of Abu Bakr will follow in the next message.

     When Umar was stabbed, the Muslims asked him to appoint a successor for him but he refused. They insisted, so he mentioned six of the Sahabah. After his death, the nominees appointed one of them as a representative who was Abdul Rahman Ibn Auf. He referred to the opinion of the Muslims and consulted them. Then he declared the bay'ah to Uthman. The Muslims stood up and gave their pledge to Uthman, and theirby he became a Khalif by the pledge of the Muslims and not by the announcement of Abdul Rahman. Later on Uthman was killed and the majority of the Muslims in Medina and Kufa gave their bay'ah to Ali, so he too became a Khalif by the bay'ah of the Muslims.

     From this it appears that the practical details to conduct the pledge of Khilafah is to debate among Muslims about who is suitable for the Khilafah. Once the opinion settles upon a list of people, their names will be publicised to the Ummah. For the one they choose from amongst them, they are asked to give him their bay'ah as well. So in the courtyard of Bani Sa'ida the debate was about Sa'd, Abu Ubayda, Umar and Abu Bakr, then Abu Bakr was given the bay'ah which was not binding to Muslims until his bay'ah was given by the Muslims populace in the Mosque next day. Abu Bakr discussed with the Muslims about Ali and Umar then he declared the name of Umar who was then given the bay'ah. Umar suggested the Khalif to be from among the six people. After referring to Muslims Abdul Rahman Ibn Auf declared the name of Uthman who was then given the bay'ah. And Ali was given the bay'ah immediately, he tired to decline but the Muslims insisted on him. Thus the bay'ah proceeds after debate to establish suitable candidates, then one of them is elected as a Khalif, then the bay'ah is taken for him from the people. In the next message I will discuss the details of the bay'ah of Abu Bakr.

Part Six

Akhi Shehadah,   As-Salamualaikum!

Mashallah u have outlined as to what happened after the death of the Prophet with respect to the issue of Khilafah. But I feel it is necessary to translate the concept of electing the Khalifah for the contemporary times. It will be helpful, if all those on this list can get a perspective on what will happen or how should it happen in today's world.

Jazakamullahkhair
Wa'Salam
Yours-in-Islam
Kamran Bokhari

Jak brother Kamran for your message and interest in the articles about Khilafah. You are right, we need to translate the concept of electing the Khalifah for the contemporary times. As scheduled in the outline I posted two weeks ago this issue will be discussed soon insha Allah, I hope next week. First I am going to discuss in more details how each Khalif was elected and discuss some few points related to the issue of bay'ah and choosing the Khalifah. I am starting today with Abu Bakr, next message insha Allah will discuss the position of Sa'd Ibnu Ubadah and Ali from the bay'ah of Abu Bakr. I welcome any other suggestions or comments. If people think it is not necessary to go in more details in the bay'ah of the first four Khulafah and the practice of the Sahabah and we should concentrate on our contemporary time I am ready to do so.

Salam,
Shehadeh
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     In the appointment of Abu Bakr some Muslims had debated in the courtyard of Bani Sa'ida; the nominees were Sa'd bin Ubada, Abu Ubayda , Umar and Abu Bakr, and as a result of the debate Abu Bakr was given the bay'ah. On the next day the Muslims were called to the mosque and they gave him the bay'ah. As a result of this bay'ah Abu Bakr became the Khalif. Let's read part of what happened in the courtyard of Bani Sa'ida as narrated in Al-Bukhari on the authority of Ibn Abas in Kitab Al-Hudood (see Fath Al-Bari vol. 12) that Umar said in a Jum'a speech (Friday speech):

     "... And no doubt after the death of the Prophet we were informed that the Ansar did not gather with us and gathered in the shed of Bani Sa'da. 'Ali and Zubair and whoever was with them, did not come with us, while the emigrants gathered with Abu Bakr. I said to Abu Bakr, 'Let's go to these Ansari brothers of ours.' So we set out seeking them, and when we approached them, two pious men of theirs met us and informed us of the final decision of the Ansar, and said, 'O group of Muhajirin (emigrants) ! Where are you going?' We replied, 'We are going to these Ansari brothers of ours.' They said to us, 'You shouldn't go near them. Carry out whatever we have already decided.' I said, 'By Allah, we will go to them.' And so we proceeded until we reached them at the shed of Bani Sa'da. Behold! There was a man sitting amongst them and wrapped in something. I asked, 'Who is that man?' They said, 'He is Sa'd bin 'Ubada.' I asked, 'What is wrong with him?' They said, 'He is sick.'

     After we sat for a while, the Ansar's speaker said, 'None has the right to be worshipped but Allah,' and praising Allah as He deserved, he added, 'To proceed, we are Allah's Ansar (helpers) and the majority of the Muslim army, while you, the emigrants, are a small group and some people among you came with the intention of preventing us from practicing this matter (of caliphate) and depriving us of it.'

     When the speaker had finished, I intended to speak as I had prepared a speech which I liked and which I wanted to deliver in the presence of Abu Bakr, and I used to avoid provoking him. So, when I wanted to speak, Abu Bakr said, 'Wait a while.' I disliked to make him angry. So Abu Bakr himself gave a speech, and he was wiser and more patient than I. By Allah, he never missed a sentence that I liked in my own prepared speech, but he said the like of it or better than it spontaneously. After a pause he said, 'O Ansar! You deserve all (the qualities that you have attributed to yourselves, but this question (of Caliphate) is only for the Quraish as they are the best of the Arabs as regards descent and home, and I am pleased to suggest that you choose either of these two men, so take the oath of allegiance to either of them as you wish. And then Abu Bakr held my hand and Abu Ubada bin Abdullah's hand who was sitting amongst us. I hated nothing of what he had said except that proposal, for by Allah, I would rather have my neck chopped off as expiator for a sin than become the ruler of a nation, one of whose members is Abu Bakr, unless at the time of my death my own-self suggests something I don't feel at present.'

     And then one of the Ansar said, 'I am the pillar on which the camel with a skin disease (eczema) rubs itself to satisfy the itching (i.e., I am a noble), and I am as a high class palm tree! O Quraish. There should be one ruler from us and one from you.'

     Then there was a hue and cry among the gathering and their voices rose so that I was afraid there might be great disagreement, so I said, 'O Abu Bakr! Hold your hand out.' He held his hand out and I pledged allegiance to him, and then all the emigrants gave the Pledge of allegiance and so did the Ansar afterwards. And so we became victorious over Sa'd bin Ubada. One of the Ansar said, 'You have killed Sa'd bin Ubada.' I replied, 'Allah has killed Sa'd bin Ubada.' Umar added, "By Allah, apart from the great tragedy that had  happened to us (i.e. the death of the Prophet), there was no greater problem than the allegiance pledged to Abu Bakr because we were afraid that if we left the people, they might give the Pledge of allegiance after us to one of their men, in which case we would have given them our consent for something against our real wish, or would have opposed them and caused great trouble. So if any person gives the Pledge of allegiance to somebody (to become a Khalifah)  without consulting the other Muslims, then the one he has selected should not be granted allegiance, lest both of them should be killed."
 

    Al-Bukhari reported on the authority of Aisha in Kitab Fadha'il Al-Sahabah (see Fath Al-Bari vol. 7) "...the Ansar were assembled with Sa'd bin 'Ubada in the courtyard of Bani Saida. They said (to the emigrants) "There should be one 'Amir from us and one from you." Then Abu Bakr, Umar bin Al-Khattab and Abu Ubaida bin Al-Jarrah went to them. Umar wanted to speak but Abu Bakr stopped him. Umar later on used to say, "By Allah, I intended only to say something that appealed to me and I was afraid that Abu Bakr would not speak so well. Then Abu Bakr spoke and his speech was very eloquent. He said in his statement, "We are the rulers and you (Ansars) are the ministers (i.e. advisers)," Hubab bin Al-Mundhir said, "No, by Allah we won't accept this. But there must be a ruler from us and a ruler from you." Abu Bakr said, "No, we will be the rulers and you will be the ministers ... you should  elect either 'Umar or Abu 'Ubaida bin Al-Jarrah as your ruler." 'Umar said (to Abu Bakr), "No but we elect you, for you are our chief and the best amongst us and the most beloved of all of us to Allah's Apostle." So 'Umar took Abu Bakr's hand and gave the pledge of allegiance and the people too gave the pledge of allegiance to Abu Bakr.

    In the books of Al-fasil-fil Milal by Ibnu Hazim, Tarikh of Al-tabari, Al-A'kd Al-Farid of Al-Waqidi, Al-Sira of Ibnu Kathir, Al-Sunan Al-Kubra of Bayhaqi and Siratu Ibn Hisham, that Al-Habbab Ibnu Al-Munthir said when the Sahaba met in the wake of the death of the Prophet (SWA) at the saqifa (hall) of Bani sa'ida: One Amir from us and one Amir from you (meaning one from the Ansar and one from the Mohajireen). Upon this Abu Bakr replied: "It is forbidden for Muslims to have two Amirs (rulers)..." Then he got up and addressed the Muslims. And it has been reported in the Sirah of Ibnu Ishaq that Abu Bakr said on the day of Saqifa: "It is forbidden for Muslims to have two Amirs for this would cause differences in their affairs and concepts, their unity would be divided and disputes would break out amongst them. The Sunnah would then be abandoned, the bida'a (innovations) would spread and Fitna would grow, and that is in no one's interest."

     Therefore Abu Bakr delivered the Sharia verdict on the unity of the Khilafah, stressing that it is forbidden for the Muslim Ummah to have more than one Amir. The Sahabah heard him and approved and consented, no one disputed the verdict, but submitted to it and accepted it as a law (indication of evidence from the Sunnah). The Ansar then conceded their claim to the Khilafah, and Al-Habbab Ibnu Al-Munthir (who is from the Ansar) was the first to give the pledge of allegiance to Abu Bakr (RA).

The public bay'ah took place next day in the mosque

Al-Bukhari reported on the authority of Anas bin Malik:  That he heard 'Umar's second speech he delivered when he sat on the pulpit on the day following the death of the Prophet 'Umar recited the Tashahhud while Abu Bakr was silent. 'Umar said, "I wish that Allah's Apostle had outlived all of us, i.e., had been the last (to die). But if Muhammad is dead, Allah nevertheless has kept the light amongst you from which you can receive the same guidance as Allah guided Muhammad with that. And Abu Bakr is the companion of Allah's Apostle He is the second of the two in the cave. He is the most entitled person among the Muslims to manage your affairs. Therefore get up and swear allegiance to him." Some people had already taken the oath of allegiance to him in the shed of Bani Sa'ida but the oath of allegiance taken by the public was taken at the pulpit."

 

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