Q&A: Is it the right of the Khaleefah to ask for the bay’ah of ta’at (obedience) from Muslims in the West?
The following is the translation from an Arabic Q&A issued during the time of Sheikh Abdul Qadeem Zalloom (rh).
Question: Is it the right of the Khaleefah to ask
for the bay’ah of ta’at (obedience) from those Muslims who live in the West?
And if so, on
what areas can the Khaleefah command them on and in what areas can he not
instruct them?
If they reside
outside the State, in the West, is it Fard to obey the adoption of the Khaleefah
on matters that relate to their reality. E.g. they cannot implement the penal
code but they can implement in the adopted opinion on jilbaab etc.?
And is the
order of obedience on particular matters restricted to causing hardship for
them. So, if it caused hardship then Khaleefah should not order?
Answer: The sultaan (authority) of the Khaleefah is only in Daar
ul- Islam, so the Muslims in the Islamic State are obliged to obey the Khaleefah in all the ahkaam shar’iyyah he adopts. He has
to obtain a bai’ah of in’iqaad and a bai’ah of Taa’ah from the Muslims in the state.
As
for those Muslims who live outside the State, the followings rules apply to
them:
- They have to emigrate to daar ul-islam, either as fard, mandoob, or forgiven, according to what came in the shakhsiyyah (The Islamic Personality), volume 2, chapter
of: Hijrah from daar ul-kufr to daar ul-islam.
- They
have no right in the bai’ah
of in’iqaad (contracting pledge),
i.e. they have no right to give a bai’ah
to another Khaleefah
in their country; they are obliged to give a bai’ah of
Taa’ah
(pledge of allegiance) to the
Khaleefah in daar ul-islam. In other words, they
are responsible to have a bai’ah
of Taa’ah to the existing Khaleefah, for Khilaafah is a general leadership for
all Muslims worldwide, to establish the ahkaam
of shar’ islami, and to convey
the da’wah islamiyyah to the
world; and it is Haraam for
Muslims to have more than one Khaleefah.
See Nitham ul-Hukm (The Ruling System),
page34, page43, Arabic edition.
Therefore,
Muslims living outside the sultaan
(authority) of the Khaleefah
have no right in the bai’ah of in’iqaad; they are rather obliged of
a bai’ah of Taa’ah to the existing Khaleefah, which is virtually a bai’ah of Taa’ah, i.e. when their country is annexed to the Islamic State
or concurred the bai’ah of Taa’ah becomes compulsory upon them.
See nitham ul-Hukm (The Ruling System),
chapter of: who appoint the Khaleefah,
page64, Arabic edition.
- It is not compulsory upon them to
adopt the ahkaam shar’iyyah
which the Khaleefah
adopts, neither those related to the state actios like the hudood, nor those related to the
individual actions like the Salah
or jilbaab. What is
compulsory upon them is to abide by the aHkaam ush-shar’ through proper ijtihaad. So if the Hukm
shar’ee adopted by the Khaleefah
was the right one on an issue like the obligation of wearing the jilbaab and khimaar by the woman, or any other
Hukm, then they must
execute it, not because it is obligatory upon them to adopt what the Khaleefah adopt, but rather
because the Hukm shar’ee
adopted by the Khaleefah
is the right one.
- There is no real authority for the Khaleefah on the Muslims who live
outside the Islamic State. Therefore, he is not allowed to command them as
an obligatory matter to do any thing whether it was hard to them to do or
not, unless Islam obliges them to do so; then they have to execute the
order of the Khaleefah,
not because they are of his citizens; but rather because they are Muslims,
who are a part of the Islamic
Ummah. As an example that the Khaleefah commands them to take certain actions to help
annexing their country or help conquering their country, in such case they
are obliged to execute that, for it is obligatory upon them to annex their
country to daar al-islam.
In this case they have to execute the order of the Khaleefah, because Islam
obliges them to do so. Thus, in such situations, they execute the order of
the Khaleefah as explained
above.
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