Saturday, November 02, 2013

Q&A: Pertaining to Actions of Governance and Actions of Management

Assalamu Alaikum wa Rahmat Allahu wa Barakatu
Our beloved Ameer, may Allah سبحانه وتعالى open the doors to Jannah and victory for you, Insha'Allah.
I was very hesitant to send you this letter, knowing how busy you are and your responsibilities and the amount of requests that you receive, so I did not want to increase the burden, but the want to address you overcame me, so excuse a mind that was overpowered by longing.
Our dear Ameer, I was confused about an issue, so I found it an excuse to address you. The following text is mentioned in the booklet "Al-Khilafah": "If the Khilafah was contracted to two Khulafaa' in two countries at the same time, it would not be valid for either of them, because the Muslims are not allowed to have two Khulafaa'. It is not correct to say that the Bay'ah is valid to the one that had it first because the matter is to establish a Khaleefah, not to turn it into a race, and also because it is the right of all the Muslims, not the right of the Khaleefah, so the matter must go back again to the Muslims to establish one Khaleefah in case of establishing two Khulafaa'. It is incorrect to suggest a ballot between them because the Khilafah is a contract, and the ballot is not included in the contract."
So I understood that it is incorrect to cast lots in contracts, and when I checked the law of our electoral college, in the nineteenth article there is the following text: "And if two candidates have equal numbers of votes and the required number lacks one the lots are cast between them." So what is the difference between the two situations, and is our election of the Electoral College not a contract? I apologize for the length, may Allah سبحانه وتعالى grant you victory and facilitate you and carry out victory on your hands, and by Allah I love you for Allah's sake, may Allah guide you.
From: Muhsin Al-Athamat

Answer:
Wa Alaikum Assalam wa Rahmat Allahu wa Barakatu,
Governance is different from management, because governance requires a text alluding to it, whereas the issue of management falls under the Mubaah (permissibility) unless there is a text alluding to a certain action of management.
As for the election of the Khaleefah, Islam obligates that there be one Khaleefah for the Muslims, and he is the recipient of the first valid Bay'ah, and if another Khaleefah follows and challenges him then he is killed. The Messenger صلى الله عليه وسلم says:
«إِذَا بُويِعَ لِخَلِيفَتَيْنِ، فَاقْتُلُوا الْآخَرَ مِنْهُمَا»
"If two Khulafaa' were pledged allegiance, then kill the latter of them"
Narrated by Muslim on the authority of Abu Sayeed al-Khudri. And the Messenger صلى الله عليه وسلم says:
«... وَإِنَّهُ لاَ نَبِيَّ بَعْدِي، وَسَيَكُونُ خُلَفَاءُ فَيَكْثُرُونَ»
"... and there is no Prophet after me. There will be Khulafaa' and they will number many"
They said: What do you tell us to do? He said: «فُوا بِبَيْعَةِ الأَوَّلِ فَالأَوَّلِ... » "Fulfill the Bay'ah to them one after the other"
Meaning that the one who takes command and is given a valid Bay'ah before anyone else is the recipient of the Bay'ah that must be fulfilled, and the second Bay'ah is invalid and it is absolutely prohibited to fulfill it. Therefore, it is a matter of determining who was given a valid Bay'ah first, and he will be the valid Khaleefah, and the other one challenging him is unacceptable.
So if the Bay'ah was given to two Khaleefahs at the same time, then there is not a Khaleefah who was given the Bay'ah first. This ruling – that the first Khaleefah be given Bay'ah - must be established, and this does not happen in the casting of lots because the casting of lots is not a Bay'ah, so it is necessary to repeat the election.
As for management issues, they are arranged by the person with authority, because they fall under Mubaah. In the case that there is a text specifically about the matter, then it is followed. So, for departments to open at eight in the morning or nine in the morning does not require a text, and for traffic to be regulated so traffic passes through one street and does not pass through another, this does not require text, instead it is regulated by the person with authority. And for members of the State Council (Majlis Wilayah) to be elected or appointed does not require a text, and it is instead regulated by the person with authority, and for their number to be 5 or 6 or 10, this does not require a text, and is regulated by the person with authority, and if two candidates had equal votes for a management position and only one person was needed, so lots were cast between them, then this is regulated by the person with authority.
And in conclusion, governance and management are different in their evidences, the first requires text about it, and the second falls under Mubaah unless there is a text concerning it.
Your brother,
Ata Bin Khalil Abu Al-Rashtah
18th Dhul Hijjah 1434 AH
23/10/2013 CE

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