Question:
Bismillah ar-Rahman ar-Raheem, Assalamu Alaikum wa Rahmatullahi wa Barakatuh,
I have a question: it was mentioned in
the book The Islamic Personality - Volume II, page 20 (page 33 Arabic
edition), the competence under Item VII of the conditions of the
Khaleefah, then explained the competence and elaborated until it reached
the following statement: "Also it is not a contracting condition
for the Khilafah that the Khaleefah must be brave, or the people of good
vision to manage the affair of the community and to conduct its
interest". Question: is this not considered competence?
Ntham Rd
Answer:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,
The text contained in the book is: "Also
it is not a contracting condition for the Khilafah that the Khaleefah
must be brave, or the people of good vision to manage the affair of the
community and to conduct its interest, this is so because there is no
sound Hadith was reported on this issue, and it does not come under a
Hukum Shari' that makes it a contracting condition, although it is
preferable that the Khaleefah be brave and of deep insight and vision".
As you know a contracting condition
means that if the Ummah elected a Khaleefah who does not fulfil the
conditions of contract then his Khilafah is invalid. And reflecting on
those two things you mentioned it shows that they are not a condition of
contract, in the sense that if the Ummah elected a Khaleefah who does
not fulfill them it does not invalidate his Khilafah because the Shari'
evidences do not indicate this. But the two are the conditions of
preference, that is, it is preferred for the Ummah to take into account
these two conditions when electing the Khaleefah, so that it is
attentive to elect one who fulfils the conditions of contract and most
of the conditions of preference, for this is better and stronger.
As for the competence, it is of the
conditions of contract, which means that the Khaleefah must be competent
to undertake the duties of the Khilafah, without specifying the
competence by a certain thing. So whatever affects, a defect effect, the
ability to perform the duties of the Khilafah, it is considered an
infringement of the competence condition. This is because the work of
the Khaleefah is the application of the Ahkam (rules) of the Shariah,
and this necessitates the ability to undertake the deeds himself or to
follow-up the deeds by himself if he assigns others to do so.
Accordingly if he is unable to perform the deeds then he cannot fulfill
the contract of the Khilafah that he personally is appointed for in
order to apply the Ahkam of the Shariah. It is enough for this to meet
the conditions of contract including the competence, which if missing,
the Khilafah contract will no longer remain valid. For example if the
Khaleefah has a memory loss due to a disease, or entered into a long
time recovery, or similar diseases where the disease persist for a long
period that affects the integrity of governance in the State, so that
the Khaleefah due to the disease could not perform the deeds himself or
follow-up the deeds by himself if he assigns others to do them. And so
the Court of Madhalim will conduct the procedures to prove the
incompetence and thence the decision necessary to declare the vacancy of
the Khilafah post.
As for the failure to fulfil the
conditions of preference, it does not invalidate the Khilafah contract.
Thus to be brave, mastering the finest methods for fighting, or be of
the people of opinion, graduated from top universities. All this is not
the condition of contract, therefore it does not invalidate the Khilafah
contract, because there is no Shari' evidence for it, and because such
conditions do not affect, a defect effect, performing the deeds of the
Khilafah. Also because if the matter necessitates an appropriate bravery
in some issues, such as wars, for example, the Khaleefah can use some
of the owners of bravery in this matter. As well as, if the matter
necessitates the opinion of holders of high degrees, the Khaleefah can
refer to such people from his subject. However, as we said earlier, the
priority for the Ummah is to elect a Khaleefah who possesses both the
conditions of contract and the conditions of preference. But if the
Ummah chooses one who possesses the conditions of contract but does not
possess all the conditions of preference then his Khilafah is valid as
long as it fulfils the conditions of contract because the sound Shari'
evidences indicate so.
Your brother,
Ata Bin Khalil Abu Al-Rashtah
27th Muharram 1436 AH
20/11/2014 CE
The link to the answer from the Ameer's Facebook page:
Comments