The following is part of a series of articles which are based upon extracts from the excellent book by Hizb ut-Tahrir,(أجهزة دولة الخلافة (في الحكم والإدارة (Ajhizat Dawlat al-Khilafah fil hukm wal idara), 'Organisations of the Khilafah State (in ruling and administration)', published in 2005. We will be focussing on those aspects which are eloborations that are not contained in the earlier book 'The Ruling System in Islam'. The beginning of the book mentions that it is issued and adopted by Hizb ut-Tahrir and that it nullifies anything that disagrees with it, this means that there are some updates to the previously adopted views of the party contained within it. These articles are based upon certain draft translations of extracts of the book, for exact meanings and accuracy please refer to the original Arabic.
The Khaleefah is the man who represents the Ummah in the ruling and authority and in the implementation of the rules of a Shar’ (Divine Laws). Islam has decreed that the ruling and authority belong to the Ummah. It is she who appoints someone who runs that on her behalf, and Allah (SWT) has made it obligatory upon the Ummah to execute all of the rules of Shar’.
Since the Khaleefah is appointed by the Muslims, this makes him a representative of the Ummah in terms of ruling and authority and as well in the implementation of the rules of Shar’. Therefore, he does not become a Khaleefah unless the Ummah had given him the pledge of allegiance (Bay’ah). By giving her Bay’ah to him over Khilafah she effectively appointed him as her representative. The conclusion of the Khilafah to him by this Bay’ah, he was given the authority (Sultan) and thus the Ummah was obliged to obey him.
The man who rules the Muslims does not become Khaleefah unless pledge of allegiance, i.e. the Bay’ah was given to him by the influential people (Ahlul Hall Wal Aqd) from amongst the Ummah , with choice and content. He should fulfil all the conditions required for concluding the Khilafah to him, and he should proceed after that in implementing the rules of Shar’.
As for his title, it could be the Khaleefah, or the Imam or the Ameer of the believers. These titles have been narrated in sound Ahadith and in the Ijma’a of the Sahaba. The ‘Khulafa’a Al-Rashideen’ (first four Khulafa’a’a) have held such titles. Abu Said Al-Khudri reported that the Messenger of Allah (saw) said:
«إذا بُويع لخليفتين فاقتلوا الآخر منهما»
“If the pledge of allegiance (Bay’ah) has been taken for two Khulafa’a kill the latter of them”, narrated by Muslim.
‘Abdullah ibn ‘Amru Ibnul ‘A‘as reported that he heard the Messenger of Allah (saw) say:
«…ومن بايع إماماً فأعطاه صفقة يده، وثمرة قلبه فليطعه... الحديث»
“Whoever pledged allegiance to an Imam giving him the clasp of his hand and the fruit of his heart shall obey him as long as he can ...”, narrated by Muslim.
Auf Ibnu Malik reported: I heard the Messenger of Allah (saw) say:
«خيار أئمتكم الذين تحبونهم ويحبونكم، وتصلون عليهم ويصلون عليكم»
“The best of your Imams are those whom you love and they love you and who pray for you and you pray for them ...”, narrated by Muslim.
Thus, in this ahadith the title of the ruler that executes the divine rules in Islam is: the Khaleefah, or the Imam.
As for title “Ameer al-Mu’mineen”, the most authentic reports that came regarding it is the hadith of Shihab az-Zuhri as reported by al-Hakim in al-Mustadrak, authenticated by az-Zahabi and reported by at-Tabarani, and al-Haythami said about its narrators they are the narrators of the sound hadeeth. Its words as it mentioned by al-Hakim are as follows: “Ibn Shihab narrated that Umar ibn Abdul Azeez asked Aba Bakr ibn Sulaiman ibn Aby Hathma….It was written firstly: From the Khaleefah of Abu Bakr, so who was the first to write from Ameer ul-Mu’mineen? He said: Ash-Shaffa’ told me, and she was from the first women emigrants, that Umar ibn al-Khattab (ra) wrote to the governor of Iraq to send him two strong men so as to ask them about Iraq and its people. He sent to him Labeed ibn Rabee’ah and Adiyy ibn Hatim. When they arrived to al-Madinah they camped their two camel rides in the courtyard of the mosque and entered in the mosque. They suddenly saw Amru ibn al-Ass, and said: Ask O Amru for us the permission to see Ameer ul-Mu’mineen! Amru said: By Allah, you called him by his right name. He is the ameer, and we are the believers (mu’mineen). Then Amru jumped and entered at Umar, Ameer ul-Mu’mineen and said: Assalamu Alayka ya Ameer ul-Mu’mineen (Peace be upon you O ameer of the believers). Umar said: What make you think of this name, O ibn al-Ass? Allah knows you have to justify that which you said. He said: Labeed ibn Rabee’ah and Adiyy ibn Hatim arrived and they camped their two camel rides in the courtyard of the mosque and came to me and said: Ask O Amru for us the permission to see Ameer ul-Mu’mineen! By Allah they gave you the right name; we are the believers (mu’minoon) and you are our ameer. Since then, they started using this title in writing. Ash-Shaffa’ was the grandmother of Abu Bakr ibn Sulaiman”. Then they continued to call the Khulafaa’ after him with this title at the time of the sahabah and those who came after them.
Conditions of the Khaleefah:
The Khaleefah must satisfy seven contractual conditions in order to qualify for the Khilafah post and for the Bay’ah of Khilafah to him to take place legitimately. These seven conditions are necessary. If just one condition is not observed the Khilafah contract would not have taken place.
The contracting conditions are:
Firstly: The Khaleefah must be Muslim; the post of Khilafah is never allowed for the unbeliever, nor is it allowed to obey him. Because Allah (SWT) says:
وَلَنْ يَجْعَلَ اللَّهُ لِلْكَافِرِينَ عَلَى الْمُؤْمِنِينَ سَبِيلاً
“And Allah will never (lan) give the unbelievers any way (of authority) against the believers.”- [TMQ; 4: 141]
Ruling is the strongest way for the ruler over the ruled, hence the term ‘lan’ (never) means the categorical prohibition of the unbeliever (Kafir) from taking a post of authority over the Muslims, be it the Khilafah or any other post of authority. This in turn forbids the Muslims from accepting the Kafir to rule over them.
Besides, the Khaleefah is the person in authority and Allah (SWT) has decreed that the person in charge of the affairs of the Muslims should be Muslim. Allah (SWT) says:
]يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُوْلِي الأَمْرِ مِنْكُمْ[
“O you who believe, obey Allah and obey the Messenger and those in authority (Ulil-Amr) from amongst you.” - [TMQ; 4: 59]
He (SWT) also says:
وَإِذَا جَاءَهُمْ أَمْرٌ مِنَ الأَمْنِ أَوْ الْخَوْفِ أَذَاعُوا بِهِ وَلَوْ رَدُّوهُ إِلَى الرَّسُولِ وَإِلَى أُوْلِي الأَمْرِ مِنْهُمْ
“ When there comes to them some matter touching public safety or fear they divulge it .If they had only referred it to the Messenger or to the people of authority (Ulil- Amr) from among them” [TMQ; 4: 83]
The phrase “Ulil-Amr” has always been mentioned in connection with the Muslims, it has not been mentioned in any other context other than to indicate that the people concerned are Muslims. This proves that they must be Muslims. Since the Khaleefah is the person in authority and it is he who appoints people in positions of authority such as his assistants, Walis and ‘Amils, he himself must, therefore, be Muslim.
Secondly: The Khaleefah must be male. It is forbidden for a female to be Khaleefah, i.e. the Khaleefah must be a man, not a woman. This is because Al-Bukhari said: When the Messenger of Allah heard that the people of Persia had appointed the daughter of Chosroes (Kisra), he said:
«لن يفلح قوم ولّوا أمرهم امرأة»
“People who appoint (Wallaow) a woman as their leader will never succeed.”
The fact that the Messenger of Allah (saw) foretold the failure to those who assign the running of their affairs to a woman this indicates forbiddance of appointing her. The fact that this came in the form of request, which came in the form of reproaching those who appoint a woman to run their affairs by denying them success, this is a connotation (Qareenah) which indicates decisiveness. Thus, the forbiddance from appointing a woman as a ruler came here linked with a connotation that indicates the forbiddance is decisive, so the appointment of the woman as waly amr is haram. This means holding the post of ruling, whether it is Khilafah or any other ruling posts. This is because the subject of the Hadith is the appointment of the daughter of Chosroes as a queen, so it is related to the issue of ruling that came in the hadeeth, and not specific to the appointment of Chosroes’s daughter as queen. The Hadith is not also general to cover everything, so it does not include judiciary, shura council, accounting the rulers and nor election of the ruler. Rather, all of this is allowed for the woman as it will be explained later on.
Thirdly: The Khaleefah must be mature; it is forbidden to appoint a youth (pre-puberty). Abu Dawoud narrated from ‘Ali Ibnu Abi Talib that the Messenger of Allah (saw) said:
«رُفع القلم عن ثلاثة: عن الصبي حتى يبلغ وعت النائم حتى يستيقظ، وعن المعتوه حتى يبرأ»
“Accountability is lifted off three persons: The dormant until he awakes, the boy (adolescent) until he reaches maturity and the deranged until he regains his mind.”
«رفع القلم عن ثلاثة: عن المجنون المغلوب على عقله حتى يفيق، وعن النائم حتى يستيقظ، وعن الصبي حتى يحتلم»
In another narration from ‘Ali: “The pen has been lifted off three persons: The deranged in his mind till he restores his mind, the dormant till he wakes up and the adolescent till he reaches maturity.”
Therefore, the person from whom the pen is raised is not able to be responsible for himself, and he is not under any liability by Shar’, so it is unlawful for him to become Khaleefah or to hold any post of authority for he is not responsible for his own actions. Evidence is also derived from what Al-Bukhari narrated from “Abi Aqeel, Zahra ibn Ma’abed from his grandfather Abdullah Ibnu Hisham who reached the time of the Prophet (saw) and his mother Zainab bint Humair took him to the Messenger of Allah (saw) and said: ‘O Messenger of Allah! Take his Bay’ah’. The Prophet (saw):
«هو صغير فمسح رأسه ودعا له …»
‘He is still a little boy’, so he stroked his head and prayed for him.” Therefore, if the Bay’ah of the little boy is not valid, and he cannot give a Bay’ah to a Khaleefah, he evidently cannot be Khaleefah himself.
Fourthly: The Khaleefah must be sane; it is unlawful for a Khaleefah to be insane, because the Messenger of Allah (saw) said:
«رُفع القلم عن ثلاثة»
“The pen has been lifted off three persons”. He mentioned of these:
«المجنون لمغلوب على عقله حتى يفيق»
“The deranged in his mind till he restores his mind.” The person off whom the pen is raised is not under obligation; this is because the mind is the condition for responsibility and for the validity of actions. The Khaleefah enacts the rules and executes all the legal duties, it is therefore unlawful to have an insane Khaleefah because it is invalid for the insane to look after himself, and nor look after the affairs of the people by greater reason.
Fifthly: The Khaleefah must be just (‘Adl); it would not be right for him to be a ‘Fasiq’ (unreliable). Integrity is an obligatory condition for contracting the Khilafah and for its continuity. This is because Allah (SWT) has stipulated that the witness must be just .He (SWT) says:
وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِنْكُمْ
“And seek the witness of two just men from amongst you” - [TMQ; 65:2]
So if the witness must be just, then the Khaleefah who holds a higher post and rules over the witness himself should, by greater reason, be just. For if justice was stipulated in the witness, its presence in the Khaleefah must exist by greater reason.
Sixthly: The Khaleefah must be a freeman; since the slave is under his master’s authority, so he cannot run his own affairs, therefore he has no power to run other people’s affairs and be a ruler over them.
Seventhly: The Khaleefah must be able to carry out the task of the Khilafah; this is because this is an integral part of the Bay’ah. One who is unable to do so cannot perform the duty of running the people’s affairs by the Book and the Sunnah upon which he took the pledge of allegiance (Bay’ah). Court of unjust acts has the mandatory powers to determine the types of the inability which the Khaleefah must not suffer of so as to be considered of those capable to carry out the tasks of the Khilafah.
The Conditions of Preference
The aforementioned are the contractual conditions necessary for the Khaleefah to be appointed. Any other condition, apart from the seven mentioned above, does not constitute a necessary prerequisite for contracting the Khilafah. Such conditions however, constitute conditions of preference if the texts relating to them are confirmed, or if they are listed under a rule that has been confirmed by a sound (Sahih) text. This is because for the condition, to be a contractual one it should have evidence which includes a decisive command to indicate that it is obligatory. If the evidence does not include a decisive command then the condition becomes only one of preference. No evidence containing a decisive command has been found except for those seven conditions; therefore they alone constitute the contractual conditions. As for the other conditions, whereby a rule has been confirmed as sound, these would constitute conditions of preference only. This is like the stipulation that the Khaleefah should be from Quraysh, a Mujtahid or skilful in using weapons or the like, which has no decisive evidence.
The Method of Appointing the Khaleefah
When shar’ made it incumbent upon the ummah to appoint a khaleefah on her, it determined to her the method by which the Khaleefah is appointed. This method is proved in the book, the Sunnah. The Muslims concerned with this bay’ah are the Muslims that are citizens to the past khaleefah in case there was a Khilafah. Otherwise they are the Muslims of the country in which the Khilafah is established in case there was no Khilafah.
The fact that this method is the Bay’ah, is proved from the Bay’ah of the Muslims to the Prophet (saw), and from the order of the Messenger to us to pledge Bay’ah to the Imam. However, the Bay’ah of Muslims to the Messenger (saw) was not a Bay’ah on Prophethood, but a Bay’ah over ruling, for it was regarding action not belief. Therefore, Rasul Allah (saw) was pledged an allegiance as a ruler, and not as a Prophet or a Messenger. This is because acknowledging the Prophethood and Messengership is belief (Iman), and not a Bay’ah, so the Bay’ah to him (saw) was only in his capacity as the head of the state.
The Bay’ah was mentioned in the Qur’an and Hadith. Allah (SWT) says:
]يَا أَيُّهَا النَّبِيُّ إِذَا جَاءَكَ الْمُؤْمِنَاتُ يُبَايِعْنَكَ عَلَى أَنْ لاَ يُشْرِكْنَ بِاللَّهِ شَيْئًا وَلاَ يَسْرِقْنَ وَلاَ يَزْنِينَ وَلاَ يَقْتُلْنَ أَوْلاَدَهُنَّ وَلاَ يَأْتِينَ بِبُهْتَانٍ يَفْتَرِينَهُ بَيْنَ أَيْدِيهِنَّ وَأَرْجُلِهِنَّ وَلاَ يَعْصِينَكَ فِي مَعْرُوفٍ فَبَايِعْهُنَّ[
"O Prophet! If the believers come to you to take the oath (Bay’ah) that they will not associate (in worship) anything whatever with Allah, that they will not steal, that they will not commit adultery, that they will not kill their children, that they will not utter slander, intentionally forging falsehood, and they will not disobey you in any just matter (Ma’roof), then receive their oath (Bay’ah)." – [TMQ:60:12]
In another verse Allah (SWT) says:
]إِنَّ الَّذِينَ يُبَايِعُونَكَ إِنَّمَا يُبَايِعُونَ اللَّهَ يَدُ اللَّهِ فَوْقَ أَيْدِيهِمْ[
"Verily those who pledge their allegiance to you do no less than pledge their allegiance to Allah: The Hand of Allah is over their hands." - [ TMQ:48:10; ].
Al-Bukhari narrated: ‘Ismail told us, Malek told on the authority of Yahya bin Sa‘eed who said: Ubadah bin Alwaleed told me, that my father told me on the authority of Ubadah bin-us-Samit who said:
«بايعْنا رسولَ الله r على السمع والطاعة في المنشط والمكره، وأن لا ننازع الأمر أهله، وأن نقوم أو نقول بالحق حيثما كنا، لا نخاف في الله لومة لائم»
"We have pledged allegiance to the Messenger of Allah to listen and obey in ease and in hardship and that we do not dispute the matter (authority) with its people and that we stand for or speak the truth wherever we were and that in the service of Allah we would fear the blame of no one.”
In Muslim, from Abdullah ibn Amru ibn al-Ass that the Messenger of Allah (saw) said:
« …ومن بايع إماماً فأعطاه صفقة يده، وثمرة قلبه فليطعه إنِ استطاع، فإن جاء آخر ينازعه فاضربوا عنق الآخر»
"Whosoever pledges allegiance to an Imam by giving him the clasp of his hand, let him obey him if he is able to do so, but if another comes along to dispute with him, then kill the other."
Also in Muslim, Abu Saeed Al-Khudri said: The Messenger of Allah (saw) said:
«إذا بويع لخليفتين فاقتلوا الآخر منهما»
“If two Khulafa’a were pledged allegiance, then kill the latter of them."
Muslim narrated on the authority of Abi Hazim who said: I accompanied Abu Hurayra five years and I heard him talk from the Prophet (saw), he said:
«كانت بنو إسرائيل تسوسهم الأنبياء، كلما هلك نبي، خلفه نبي، وإنه لا نبي بعدي، وستكون خلفاء فتكثر، قالوا فما تأمرنا؟ قال: فُوا ببيعة الأول فالأول، وأعطوهم حقهم، فإن الله سائلهم عما استرعاهم»
"Banu Israel used to be governed by Prophets, every time a Prophet died, another came after him, and there is not Prophet after me. There will be Khulafa’a and they will number many". They said: "What would you order us to do?" He (saw) said: "Fulfill the Bay’ah to them one after the other, and give them their due right, surely Allah will account them for that which He entrusted them with".
The texts are explicit in the Book and Sunnah, that the method of appointing a Khaleefah is by the Bay’ah. This was understood and practiced by all of the Sahabah. The bay’ah of the guided khulafaa’ was clear in that regard.
The Practical Measures Used To Appoint And Take Bay’ah To The Khaleefah
The practical measures by which the process of appointing the Khaleefah before the bay’ah is taken to him can take different forms, as it happened with the guided Khulafaa who came immediately after the death of the Messenger (saw), namely: Abu Bakr, Umar, Uthman, and ‘Ali may Allah (SWT) be pleased with them. All of the Sahabah remained silent about this and vouched for it, otherwise, who could have accepted it if it was against the Shar’. This is because it is related to a vital matter upon which rely the stature of the Muslims and the preservation of the rule by Islam. If we follow the development of the appointment of those Khulafa’a, we find that some Muslims had discussions in the hall (Saqeefah) of Banu Saidah, and those who were proposed to rule were Sa‘d, Abu Ubaydah, Umar, Abu Bakr and none other. However, Umar and Abu Ubaidah did not accept to challenge Abu Bakr. This means the issue was confined to Abu Bakr and Sa’d only. As a result of the debate, the Bay’ah was taken for Abu Bakr. The next day the Muslims were called to the Masjid and in turn pledged their Bay’ah. So the Bay’ah of the Saqeefah was a Bay’ah of appointment, by which he became Khaleefah for the Muslims. However, the second Bay’ah in the Masjid in the next day was a Bay’ah of obedience. When Abu Bakr felt that his illness carried with it death, and since the Muslim armies were fighting the superpowers at that time, the Persians and Romans, he invited the Muslims and consulted them with regards to who could be a Khaleefah for the Muslims after him. He continued in making these consultations for three months. When they were complete and he knew the opinion of the majority of the Muslims, he announced to them, ie nominated, according to the language of this century, that Umar would be the Khaleefah to succeed him. This delegation or nomination was not considered a contract of Khilafah to Umar after him. This is because after the death of Abu Bakr Muslims came to the Masjid and pledged their allegiance to Umar for Khilafah. So with this Bay’ah Umar became the Khaleefah for the Muslims, and not with the consultations, nor with the delegation of Abu Bakr. Had the nomination of Umar by Abu Bakr been a contract of Khilafah to him, then he would not have needed the bay’ah of Muslims. Besides, the mentioned texts indicate explicitly that no one can become a Khaleefah except with the bay’ah from Muslims. When Umar was stabbed, the Muslims asked him to nominate a Khaleefah, but he refused. They insisted upon him so he confined it into six people, ie he nominated six to them. Then he appointed Suhaib to lead the prayer and to watch over those nominated by Umar so as to select the Khaleefah from amongst them within the three days fixed to them by Umar. He said to Suhaib:
«... فإن اجتمع خمسة، ورضوا رجلاً، وأبى واحد، فاشدخ رأسه بالسيف... »
“…. If five agreed and accepted one man, while one man rejected, then hit his head with the sword….” As reported by Tabari in his book of history, and by Ibn Qutaibah the author of the book ‘al-Imamah and Siyasah’ known as the book of the Khulafaa’, and Ibn Sa’d in his book ‘at-Tabakaat al-Kubra’. He then appointed Abu Talha Al-Ansari to protect the gathering with fifty men and he charged Al-Muqdad in al-Aswad with the duty of choosing the meeting place for the six. After his death (ra), and the nominees settled in their meeting, Abdul Rahman ibn Awf said: "Who would take himself out of it (the Khilafah) and give it to the best among you? But no one answered him, so he went on saying: I myself renounce my right to the Khilafah. Then he started to consult them one by one. He would ask them: “Apart from yourself, who do you think is worthy of this authority from among this group?" Their answer was confined to two: Ali and Uthman. Then Abdul-Rahman sought the opinion of the Muslims regarding the two people, whom they want fof them. He would ask the men and women, and enquire about the opinion of the people. He (ra) did not work at day only, but at night as well. Al-Bukari reported from Al-Miswar ibn Makhramah, he said: “Abdul Rahman knocked at my door after a part of the night passed till I woke up. He said, I see you have been sleeping. By Allah, I did not enjoy much sleep in these three”, meaning the three nights. Once the people prayed the fajr, the bay’ah was concluded to Uthman, so he became Khaleefah by the bay’ah of the Muslims, rather than by Umar delegating it to six people. Then Uthman was murdered, so the Muslim masses of al-Madinah and al-Kufah gave the bay’ah to Ali ibn Aby Talib, so he became a Khaleefah by the bay’ah of the Muslims.
Upon close examination regarding the method of their (ra) bay’ah it is clear the nominees to the Khilafah were announced to the people, besides each one of them fulfilled the contracting conditions. Then the opinion of the influential people among Muslims, who represent the ummah, was saught. The representatives of the ummah were known at the time of Khulafaa’ Rashioon, for they were the sahabah (ra), or the people of al-Madinah. Whoever was accepted by the sahabah or their majority was given the contracting bay’ah, and became a Khaleefah, and the obedience of the Muslims became his due right upon them. Muslims would then give him the bay’ah of obedience, and the Khaleefah would thus exist, and become the representative of the ummah regarding ruling and authority.
This is understood from the bay’ah given to the Khulafaa’ Rashidoon (ra). There are other two issues that are understood from Umar’s nomination of six people and from the measures followed in the bay’ah of Uthman (ra). These two issues are: Presence of a provisional ameer that takes care of the period during which the new Khaleefah is appointed, and limiting the nominees in six people in maximum.
The Provisional Ameer
The Khaleefah is entitled, once he felt death is approaching him, and a short while before the Khilafah post becomes vacant, to appoint a provisional ameer for looking after the affairs of the Muslims during the period of appointing the new Khaleefah. Where, he exercises his duty after the death of the Khaleefah. His main task would be carrying out the appointment of the new Khaleefah within three days.
The provisional Khaleefah is not entitled in adopting (new) laws. This is because this task is the mandatory powers of the Khaleefah that is pledged by the ummah. He is now also allowed to be from the nominees to the Khilafah post, and nor to support any one of them. This is because Umar appointed such provisional ameer from other than those he nominated to Khilafah.
The authority of such provisional ameer would expre by the time the new Khaleefah was appointed, because his task is temporary and limited to this mission.
The evidence that Suhaib was a provisional ameer appointed by Umar (ra) is the following:
It is the saying of Umar (ra) to the six nominees:
«وليصلِّ بكم صهيب هذه الأيام الثلاثة التي تتشاورون فيها»
“Let Suhaib lead you in the prayer during these three days in which you consult”.
Then he said to Suhaib:
«صل بالناس ثلاثة أيام، إلى أن قال: فإن اجتمع خمسة، ورضوا رجلاً، وأبى واحد، فاشدخ رأسه بالسيف...»
“Lead the people in the prayer these three days, till he said: If five met together and agreed upon one man, and one (of the six) objected, then strike his head with the sword…” This indicates Suhaib was appointed as an ameer over them. He was appointed an ameer over prayer, where leadership over prayer used to mean leadership over people. Moreover, he gave him the authority of executing the punishment (strike his head), where only the ameer performs killing.
This matter was conducted before a group of the sahabah, without anyone of them objecting to that. Thus, this constitutes ijmaa’ that the Khaleefah is entitled to appoint a provisional ameer that looks after the measures of appointing the new Khaleefah. Based on that, the Khaleefah is allowed during his life to adopt a clause in the constitution that stipulates in case the Khaleefah passed away without appointing a provisional ameer to supervise the measures of appointing the new Khaleefah, then somebody has to be appointed as a provisional ameer.
We accordingly adopt here that in case the Khaleefah did not appoint a provisional ameer during his sickness of death, then the eldest delegate assistant would be that ameer, unless he was nominated. In that case the next younger delegate assistant would be that ameer. This goes on followed, if necessary, by the executing assistants in the same way.
This appointment applies in case the Khaleefah was removed from his post. The provisional ameer would be the eldest delegate assistant in case he was not within the nominees. If he was within them, then the next younger one would such ameer, till the end of these assistants. Later on he would be the eldest executing assistant, and so on as before. If all of them, however wanted to nominate themselves then the youngest executing assistant would be obliged to be the provisional ameer.
This as well applies in case the Khaleefah fell as war prisoner. In this case there should be some details regarding the mandatory powers of the provisional ameer when there is or there is not a chance of rescuing him. A bill will be issued on time regarding such mandatory powers.
This provisional ameer is different to the one whom the Khaleefah appoints as his deputy when he goes out for Jihad or in travel. This is like what the Messenger of Allah (saw) used to do when he went out in Jihad or he went out on Hijjat al-Wadaa’ or the like. Such deputy would have the mandatory powers assigned to him by the Khaleefah regarding looking after the affairs required by such appointment.
Shortlisting Of The Nominees
From examining the way of appointing the Khulafaa’ Rashidoon, it is clear there was listing to the nominees. In the hall of Bani Saa’idah, the nominees were Abu Bakr, Umar, Abu Ubaidah and Sa’d ibn Ubadah. These were enough at the time; but Umar and Abu Ubaidah did not consider anybody equal to Abu Bakr, so they did not challenge him. Thus competition was practically limited to Abu bakr and Sa’d ibn Ubadah. Then the influential people present in the hall elected Abu Bakr and gave him the contracting bay’ah. In the next day, Muslims gave Abu Bakr the obedience bay’ah.
Abu Bakr nominated Umar to Muslims for Khilafah, without having any other nominee. The Muslims gave him the contracting bay’ah, and then the obedience bay’ah.
Umar nominated to the Muslims six people and limited Khilafah to them, where they have a Khaleefah from among them. Then Adul Rahman discussed with the remaining five, thus limiting nominees into two: Ali and Uthman, after they delegated the matter to him. After investigating the opinions of the people, the opinion settled on Uthman as a Khaleefah.
As regarding Ali, there was no other nominee for Khilafah beside him, so the majority of Muslims of al-Madinah and al-Kufah gave him the bay’ah, and he thus became the fourth Khaleefah.
Since the bay’ah of Uthman (ra) included the maximum period allowed for electing a Khaleefah, ie three days including their two nights, as well limiting the nominees in six people, which became two, then we are going to mention it with some detail because of its value in the subject we want to discuss:
1- Umar (ra) passed away on Sunday morning, at beginning of Muharram in 24 H due to his stab by Abu Lu’lu’ah, may Allah curse him. Umar (ra) was at that time standing in the mihrab praying on the dawn of Wednesday, 4 days before the end of Dhul Hijjah 23 H. Suhaib (ra) prayed janazah on him according to the will of Umar (ra).
2- When Umar was buried, Al-Muqdad gathered the six people of shura recommended by Umar in a house. Abu Talha went on guarding them. So, they sat down consulting with each other. Then they delegated to Abdul Rahman ibn Awf to choose a Khaleefah from them, with their consent.
3- Abdul Rahman started discussion with them, and asked each one of them: “Apart from yourself, who do you think is worthy of this authority from among this group?" Their answer was not beyond Ali and Uthman. Finally, Abdul Rahman confined the matter into two out of the six.
4- After that Abdul Rahman started consulting the people as it was mentioned above.
5- At Wednesday night, ie the night of the third day after the death of Umar (ra) (ie Sunday), Abdul Rahman went to the house of his nephew, Al-Musawwar ibn Makhramah, where Ibn Katheer reports the following in his book Al-Bidayah Wan-Nihayah:
(فلما كانت الليلة التي يسفر صباحها عن اليوم الرابع من موت عمر، جاء إلى منزل ابن أخته المسور بن مخرمة فقال: أنائم يا مسور؟ والله لَم أغتمض بكثير نوم منذ ثلاث...)
(When the night that begins the fourth day after the death of Umar started, he came to the house of his nephew, Al-Musawwar ibn Makhramah and said: Are you sleeping, O Musawwar? By Allah! I have not enjoyed much sleep since three…) i.e. the three nights after the death of Umar on Sunday morning, meaning the nights of Monday, Tuesday and Wednesday. He continued to say:
(إذهب فادع إليَّ علياً وعثمان... ثم خرج بهما إلى المسجد... ونودي في الناس عامةً: الصلاة جامعة...)
(Go and call for me Ali and Uthman….then he brought them to the mosque…and the people were called to attend a public prayer…) This was at the dawn of Wednesday. Then he held the hand of Ali (ra) and asked him about taking the bay’ah over the book of Allah and the Sunnah of His Messenger and the action of Abu Bakr and Umar. Ali (ra) gave him the well known answer: Over the book and the sunnah, yes (I take); as for the action of Abu Bakr and Umar, he would make his own ijtihad. So, he dropped his hand and held the hand of Uthman and asked him the same question. Uthman said: Yes, by Allah. Thus the bay’ah was concluded to Uthman (ra).
Suhaib led the people in the fajr and zuhr prayers of that day. Then Uthman (ra) led the people in the asr prayer as a Khaleefah for Muslims. This means that despite the contracting bay’ah to Uthman (ra) started at fajr prayer, the leadership of Suhaib did not expire except after the bay’ah of the influential people in al-Madinah to Uthman. This was completed little before asr, where the sahabah summoned each other to give bay’ah to Uthman until after the mid of that day and before asr. This was completed before asr, so leadership of Suhaib finished, and Uthman led the people in the asr prayer as their Khaleefah.
The author of al-Bidayah and al-Nihayah explains why Suhaib led the people in the zuhr prayer though Uthman took the bay’ah at fajr, and says:
(... بايعه الناس في المسجد، ثم ذُهِبَ به إلى دار الشورى «أي البيت الذي اجتمع فيه أهل الشورى» فبايعه بقية الناس، وكأنه لَم يُتم البيعة إلا بعد الظهر، وصلى صهيب يومئذٍ الظهر في المسجد النبوي، وكان أول صلاة صلاها الخليفة أمير المؤمنين عثمان بالمسلمين هي صلاة العصر...)
(The people gave him the bay’ah in the mosque, then he was taken to the house of shura “ie the house where the people of shura met”, so the rest of the people gave him the bay’ah. It seems he did not finish of taking the bay’ah except after zuhr. So, Suhaib prayed that zuhr in the Prophet’s mosque, thus the first prayer in which the Khaleefah, ameer ul-mu’mineen, Uthman led the Muslims was salat al-asr.)
(هناك اختلاف حول يوم طعن عمر ووفاته وبيعة عثمان... ولكننا ذكرنا الراجح منها).
(There is difference about the day in which Umar was stabbed, the day of his death and the day of bay’ah to Uthman. However we mentioned the one with the strongest evidence).
Therefore, the following matters must be considered when making nominations for the post of Khilafah after becoming vacant (through death or dismissal…), which are:
1- Work has to be day and night regarding the nomination, throughout the days limit.
2- Nominees have to be short listed in terms of fulfilling the contracting conditions, a matter that is conducted by mahkamat al-mazalim.
3- Nominees are short listed twice: the first one is with si, and the other is with two. The council of the ummah conducts that as representatives to the ummah. This is because the ummah delegated that to Umar, who made them six, and the six delegated that to one of them, Abul Rahman, who made it two after discussion. Thus, the reference in all of this is the ummah, ie its representatives.
4- The task of the provisional amerr expires by the completion of the measures of the bay’ah and the appointment of the Khaleefah, rather than by announcement of the results. Leadership of Suhaib did not finish by the election of Uthman, rather by the completion of his bay’ah.
Accordingly, a law will be issued that determines the way of electing the Khaleefah during the three days including their nights. This law has already been enacted, and it will be discussed and adopted on the right time, insha Allah.
This is the case if there was a Khaleefah and he passed away or was removed, and a Khaleefah needs to be appointed to replace him. However, in case there was no Khaleefah at all, and it became obligatory upon Muslims t appoint a Khaleefah for them, to implement the rules of shar’ and to carry out the Islamic da’wah to the world, as it is the case nowadays since the absence of the Islamic Khilafah in Istanbul, on 28th Rajab 1342 H, 3 March 1924. In this situation, every one of the Muslim countries in the Islamic world is suitable to appoint a Khaleefah, and Khilafah would be concluded by him. So, if one of the Muslim countries gave bay’ah to a Khaleefah, and the Khilafah was concluded to him, it becomes obligatory upon Muslims in the other countries to give him the bay’ah of obedience, ie a bay’ah of submission to his authority. This is after Khilafah has been concluded to him through the bay’ah of the people of his country. However, the following conditions have to be fulfilled in that country:
1. The authority of the country must be in the hands of the Muslims and not in the hands of a non-Islamic country or under a non-Islamic influence.
2. The security of the Muslims in that country must be guaranteed by Islam, i.e. its protection at home and abroad should be in the name of Islam and by Islamic forces to the exclusion of all others.
3. The implementation of Islam should take place with immediate effect in a comprehensive and radical manner; the Khaleefah must be involved in the conveying of the Islamic Message.
4. The Khaleefah must fulfill all the contractual conditions; although he might not fulfill the conditions of preference, since what really matters are the conditions of the contract.
Should that country satisfy these four conditions then the Khilafah would be established by the bay’ah of that country alone, and the Khilafah would be concluded by him alone. The Khaleefah to whom they gave the right bay’ah would become the legitimate Khaaleefah, and any bay’ah to other than him would be invalid.
Any country that might give bay’ah to another Khaleefah after that, his bay’ah would be invalid, due to the saying of the Messenger of Allah (saw):
«إذا بويع لخليفتين فاقتلوا الآخر منهما»
“If bay’ah was taken to two Khaleefah, then kill the latter of them.”
«... فوا ببيعة الأول فالأول»
“Fulfill the bay’ah of the first, then the first.”
«من بايع إماماً، فأعطاه صفقة يده، وثمرة قلبه، فليطعه إن استطاع، فإذا جاء آخر ينازعه فاضربوا عنق الآخر»
“Whever gave bay’ah to an imam, giving him the clasp of his hand and the fruit of heart, let him obey him as much as he could. If anybody else came to challenge his authority, then strike the head of the latter.”