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Khilafah al-'Alam al-Islami |
Part Thirteen
Until now the issue of appointing the Khalifah was discussed in case if there was a Khalifah who died or was deposed and it is required to establish a Khalifah in his place. But if the there is no Khalifah at all and it became obligatory upon Muslims to appoint for themselves a Khalifah to implement the Shari'ah laws and convey the Islamic call to the world, as is the case in our present time, then every country in the Islamic world is eligible to elect a Khalifah and thereby establish a Khilafah. So if one country of the Islamic world appointed a Khalifah, and the Khilafah was established for him, it becomes obligatory upon Muslims to make a pledge of obedience to him, i.e. a bay'ah of submission, after the Khilafah was convened to him by the bay'ah of the people in his country, whether this country was big like Egypt, Turkey and Indonesia or small like Albania, Cameroon and Lebanon, on condition that the country fulfils four criteria:
- The authority in that country must be self determined depending on Muslims only, not on any is believer state or disbeliever influence.
- The security of Muslims in that country must be through the security of Islam and not the security of Kufr, i.e. the protection of the country internally and externally must be in the name of Islam from the Muslims power in its capacity as a purely Islamic power.
- The country must commence immediate implementation of Islam completely, comprehensively and radically and also engage in delivering the Islamic call.
- The elected Khalifah should fulfill the conditions of the Khilafah contract, even if he is lacking the preferable conditions, because what matters is the contract conditions.
Therefore, if that country has fulfilled these four conditions, then the Khilafah has been established by the bay'ah of that country alone and it was convened with it alone as well, even if this country does not represent the majority of the influential people who represent the Islamic Ummah. This is so because establishing the Khilafah is a collective duty, and whoever performs this duty in the correct manner would accomplish the prescribed duty. And because the condition concerning the majority of the influential people applies if there was a Khilafah and there was a need to appoint another Khalifah in place of the dead or deposed one. But if there was not a Khilafah at all and the establishment of one is necessary, then by its establishment in accordance with Shari'ah, the Khilafah will be convened legally by any Khalifah who satisfies the conditions of the contract regardless of the number of the people who elected him, as the matter would be then a question of fulfilling a duty neglected by the Muslims for more than 3 days. Their negligence to this duty is a termination of their right to choose whom they want for a Khalifah. So if there arise some people who perform this duty, it suffices for the Khilafah to be established by them and once the Khilafah is established in that country and contracted to a Khalifah it becomes a duty upon all Muslims to rally under its banner and to give bay'ah to the Khalifah, otherwise they would be sinful before Allah (SWT).
The elected Khalifah must invite them to give him bay'ah and if they refused they would be considered as rebels whom the Khalifah must fight until they submit to his authority. If another Khalifah in the same or a different country is elected for the first Khalifah who had the Khilafah convened to him legally by satisfying the four aforementioned conditions, then the Muslims must fight the second Khalifah until he makes bay'ah to the first one.
The evidence on this matter is what Muslim reported on the authority of Abdullah ibn 'Amr ibn Al-'As that he heard the Prophet (pbuh) saying: "He who has pledged allegiance to an Imam giving him the clasp of his hand and the fruit of his hurt shall obey him if can, if another person comes to dispute (his authority) strike the neck of the latter". And also because the Khalifah of Muslims is the one who unites the Muslims under the banner of Islam. So if the Khalifah is found the Muslim community would be found and it becomes obligatory upon Muslims to join this community and Haram upon them to dissociate themselves from it. Al-Bukhari reported on the authority of Ibn 'Abbas that The Prophet (pbuh) said:"... who separates himself from the jama'ah even so as a hand span and dies as that, he dies the death of Jahilliyah". The indication of the hadith is to adhere to the Muslim community and to the authority of Islam.
Part Fourteen
To give an idea of who had the same opinion, the following are some excerpts from the Sahabah and some scholars.
1. Umar Ibnu Al-Khattab and the consensus of the Sahabah.
Al-Bukhari reported on the authority of Ibn Abbas who said:"... Abdur-Rahman came to me and said, "Would that you had seen the man who came today to the Chief of the Believers ('Umar), saying, 'O Chief of the Believers! What do you think about so-and-so who says, 'If 'Umar should die, I will give the pledge of allegiance to such-and-such person... 'Umar became angry and then said, 'Allah willing, I will stand before the people tonight and warn them against those people who want to deprive the others of their rights (the question of rulership)."Umar considered the issue of appointing the Khalifah as the right of the people. He became angry because some people wanted to deprive the Ummah of its right. This happened during the Hajj season, Abdur-Rahman convinced him that he should delay his speech until he arrives to Medina. Umar in Madina said: (O people!) I have been informed that a speaker amongst you says, 'By Allah, if 'Umar should die, I will give the pledge of allegiance to such-and-such person.' .... Remember that whoever gives the pledge of allegiance to anybody among you without consulting the other Muslims, neither that person, nor the person to whom the pledge of allegiance was given, are to be supported, lest they both should be killed.
Part of a long story narrated in Bukhari, see book of Hudood in Fath Al-Bari, vol. 12, p 174-191. This statement was made by Umar in a Jum'a speech (Friday speech) after coming back from Hajj (pilgrimage). The Sahabah heard him but no one protested which is an indication of Ijma' Sahabah (consensus of the companions) which is an evidence that the bay'ah and the choice of the people is the only legitimate way to appoint the Khalifah.
2. It was reported by Nisa'i that Umar said: Anyone who calls the Imarah for himself or any other person without consulting the Muslims, it is not allowed for you not to kill him. Reported in Kanz Al-'umal, hadith no. 14359, vol.5, p 778.
3. Ali Ibn Abi Talib said: Concerning this issue (choosing the Khalifah), no one has the right to become Khalifah except the one you chose. Tarikh Al-Tabari, vol 6, p 3077.
4. Ali also said: The Imamah (Khilafah) would not be legitimate except by bay'ah. Al-Saghi, Al-Rawdh Al-Nadhir, vol 5, p 18.
5. After the death of Uthman the people came to Ali to give him the bay'ah. Ali tried to decline but the Muslims insisted on him and he accepted under the condition he should be given the bay'ah in the mosque. Muhammad Ibnu Al- Hanafiah (Ali's son) said: Ali said: Then it should be in the mosque, my bay'ah should not be hidden and it should be after the consent of the Muslims. (see Tareekh Al-Tabari, vol. 3, page 450, see also Al-Bay'ah Fi Al-fikr Al-Siasi Al-Islami, "The bay'ah in the Islamic political thinking", by Mahmoud Al-Khalidi, page 107-108).
6. Al-Hasan Al-Basri said: Two people had ruined the matter (Amr) of the Ummah: Amru Ibnu Al-As when he advised Mu'awiah to raise the Quran (on the swards) and Al-Mughirah Ibn Shu'bah when he advised Mu'awiah to take the pledge (bay'ah) to his son Yazid otherwise it would have continued to be Shura (choosing the Khalifa) until the Day of Resurrection. (Al-Sauti, tarikh Al-Khulafa' "the History of the Khalifs", p 79.
7. Abu Hanifah said: The Khilafah is by the general consent of the Ummah and their Shura. Al-Kurdi, Manaqib Al-Imama Al-A'zham, p 2.
8. Ibn Hijr Al-Haithami said: Mu'awiah does not have the right to appoint any one as his successor, it should be Shura among the Muslims (to appoint a Khalifah). Al-Sawa'iq Al-MuHriqah, p 134.
9. Al-Mawardi in his book Al-Ahkam Al-Sultaniah p 10 said: Some scholars of Basrah said that the consent of Ahl Al-Ikhtiar is a precondition of the bay'ah to be binding to the rest of the Ummah.
10. Al-Juwaini (Imama Al-Haramn) in his book Ghayyath Al-Ummam, p 54 said: There is a consensus among Muslims from all schools of thoughts that the Imama (Khilafah) is Fard, they also agreed that the way to appoint the Khalifah is either the divine text or the choice of the people. The opinion of those who believe the Khalifah is appointed by the divine text was refuted based on constructive evidences, therefore there is only one opinion left to be correct, the choice of the people.
11. Al-Juwaini (Imam Al-Haramin) in the book lam' Al-Adelah, p 114 said: It has been proved the Imamah (Khilafah) was not given to anyone by divine text, this is a prove it is by the choice of the people.
12. Abu Ya'la Al-Fara' in the book Al-Mu'tamad fi Usul Al-Deen said: The way to choose the Khalifah is the choice of the people of Al-Hal Wa Al-'aqd and not the divine text. This is the opinion some of Ahl Al-Sunnah, AL-Mu'tazilah and the Ash'ariah.
13. Al-Baqilani in the book of Al-Tamhid p 164 said: What refutes the Nass (opinion which says the Khalifah is appointed by divine text) is the evidences which proves that the Khilafah is by the choice of the people.
14. Abu Al-Hasan Al-Ash'ari said in the book AL-Milal p 103 said: The Imamah (Khilafah) is by consent and choice, but not by divine text or appointment.
15. Abdul Qadir Udah in his book Al-Islam Wa Awdha'unah Al-Siyasiah (Islam and our Political Conditions) p 146 said: The Imamah (Khilafah) is approved by one legitimate method which is the choice of the people of Al-Hal Wa Al-'aqd.
16. Taqiudine an-Nabhani in his book Al-Shakhsiah Al-Islamiah (Islamic Personality) vol. 2, p 31-32: The appointment of the next Khalifah, by the existing Khalifah, is not included in the Khilafah contract because he does not have the right to contract it, and because the Khilafah is a right of the Muslims, not the existing Khalifah, and they contract it to whom they wish. So the appointment of the next Khalifah... by the existing Khalifah is not correct, because he gives something which he does not posses. Giving something which is not possessed by the giver is illegal.
17. Abdul Wahab Khallaf in his book Al-Siyasah Al-Shar'iyah p 56: The appointment of a successor is not more than nomination (mina Al-Salaf lil-Khalaf) and after that the Ummah has the right to decide who to choose as an Imam (Khalifah).
18. Sayed Qutub in his book Al-Islam Was-Salam Al-'alami, p 122 said: The leader (Al-Ra'i) does not get this post except by one method, the desire of the people and their free choice.
19. Al-Sheikh Abu Zahra in his book about the life of Ahmad Ibnu Hanbal page 149 said: The choice of the previous Khalifah to his successor is nothing but a suggestion from a sincere person and the Muslims can either approve this choice or disapprove it.
20. Al-Shawkani said in his book Irshad al-FuHool (see pages 81, 82 and 89) that the bay'ah is the only legitimate way for appointing the Khalifah.
21. Many other scholars had the same opinion. I will not translate what they said because it is of the same meaning but I will give the references and the name of the scholars. See Ibnu Khuldoon in his book Al-Muqadimah, Abu Ya'la in his book Al-Ahkam Al-Sultaniah, Shakib Arsalan in his book Hadher Al-'alam Al-Islami, Al-Baghdadi in his book Al-Farq baina Al-Firaq, Ahmad Hussain in his book Min Qadhaya Al-Fikr fi Al-Islam, Muhammad 'Amarah in his book Al-Islam wa Usul Al-Hukm and many others.
Some of the above listed opinions are taken from the book of Ali Ben-Hajj (the second person in FIS) Fasl Al-Kalam fi Muwajahat Al-Hukam page 36-39. The translation is mine, so all the mistakes are due to my poor translation skills.
Part Fifteen
Some scholars mentioned other three methods to appoint the Khalifah, appointing successor, force and divine text. In Islam the only legitimate opinion is the one based on daleel (evidence). What are the evidences for the other methods mentioned by some scholars? 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 is called Imamiah).
I will start with appointing successor, is it legitimate? In the previous message I cited many scholars who said appointing a successor is not a legitimate way to choose Khalifah, it is only a kind of nomination and the Ummah has the right either to approve or disapprove this nomination. The Khilafah is not contracted by appointing a successor or heir, because it is a contract between the Muslims and the Khalifah. The pledge by the Muslims and the acceptance from the person whom they elect is a condition in the contract of the Khilafah. The appointment of a successor or heir does not suit to include this condition, so the Khilafah is not established with it.
Accordingly, the appointment of the next Khalifah, by the existing Khalifah, is not included in the Khilafah contract because he does not have the right to contract it, and because the Khilafah is a right of the Muslims , not the existing Khalifah, and they contract it to whom they wish. So the appointment of the next Khalifah by the existing Khalifah is not correct, because he gives something which he does not posses. Giving something which is not possessed by the giver is illegal. In regard with what was narrated that Abu Bakr appointed Umar and Umar appointed the six persons from the Sahabah, and the Sahabah have agreed on that and they did not challenge this action and thus it was Ijma' from them; this does not indicate that the appointment of a successor is legal. This is because Abu Bakr did not appoint a Khalifah, rather, he consulted the Muslims about who might be Khalifah for them. Then the Muslims through three months during the life of Abu Bakr, chose Umar by their majority.
Then after the death of Abu Bakr, the people came and gave the pledge to Umar, and hence the Khilafah was contracted to Umar. But before the pledge Umar was not a Khalifah and the Khilafah was not established to him, neither by the nomination of Abu Bakr, nor by the selection of him by the Muslims during the life of Abu Bakr. It was rather contracted when they gave him their pledge and he accepted it, which meant choosing him after the death of Abu Bakr. As for the appointment of the six people by Umar it was a nomination to them by him upon the request of the Muslims. Then Abdul Rahman ibn Auf consulted the Muslims about whom they wanted from the six people. This process resulted in giving the pledge to Uthman first, Abdul Rahman and the Muslims followed him. So, the Khilafah was contracted to Uthman by the pledge given to him by people, not by the nomination of Umar. Had not the people given him their pledge, the Khilafah would not have been contracted to him. Therefore, there must be a pledge by the Muslims to the Khalifah, and it is not allowed to occur by appointing a successor or a heir, because the bay'ah is a contract of ruling, and Shari'ah law of contract applies to it. For more details see Al-Bay'ah fi Al-Fikr Al-Siasi Al-Islami (The bay'ah in the Political Thinking) page 157-169, and Qawa'id Nizham Al-Hukm fi Al-Islam (The Principles of the Ruling system in Islam) page 273-279, both books written by Dr. Mahmoud Al- Khalidi. Next message will insha'allah focus on taking the Khilafah by force.
