method to appoint a khaleefah

In 1925, one year after the Khilafah was formally abolished, an Egyptian scholar named Ali Abd al-Raziq waged a campaign to separate the concept of Khilafah from Islam. Although opposition to the Khilafah by some influentials in the Muslim world was nothing new, Ali Abd al-Raziq was unique in that he attempted to justify his position by recourse to the Islamic texts.¹

His book ‘Islam and the Foundations of Governance,' caused huge controversy at the time since it opposed 1300 years of scholarly consensus on the Khilafah being an integral and inseparable part of Islam.

Ali Abd al-Raziq states:

God has left the field of civil government and worldly interests for the exercise of human reason. It is not even necessary that the Ummah be politically united, this is virtually impossible and even if possible would it be good? God has willed that there be a natural differentiation between tribes and peoples - there should be competition in order that civilisation should be perfected. Islam recognises no superiority inside the Ummah of one nation, language, country or age over another except for the superiority conferred by virtue. The primitive community of Islam was only Arab by accident... The proof that it was no part of his mission to establish an Islamic State is that he made no provision for the permanent government of the community after his death... The first Caliph, Abu Bakr, was invested with what was essentially a political and royal power based on force.²

His ‘proof' as stated above claims that the Messenger of Allah (saw) provided no guidance (hiddiyah) to the Muslims on what form of ruling system they should establish upon his death.

Some Western orientalists also made this claim that the Messenger of Allah (saw) provided no detailed process for choosing a new political leader.

Thomas Arnold states:

The Prophet Muhammed nominated no successor. It would be idle to speculate why with his genius for organization he neglected to make such provision for the future of the new religious community he had founded. His health had been failing for some time before his final illness, and perhaps, like Oliver Cromwell, he was ‘so discomposed in body and mind, that he could not attend to that matter.'³

Due to the controversy surrounding his book, Ali Abd al-Raziq passed the remainder of his life in obscurity having no major influence on Muslim opinion.

However, the legacy of Ali Abd al-Raziq lives on where a minority of Muslim ‘modernists' who with the support of the West have begun to revive this argument that Islam and the State are separate, i.e. advocating ‘Islamic' secularism.

The influential American Think Tank RAND explicitly endorses this view. As part of their policy towards the Muslim world they state that Western states should:

Support the idea that religion and the state can be separate in Islam too and that this does not endanger the faith but, in fact, may strengthen it.⁴

This article will refute the claim that Islam provides no detailed guidance on a governing system by illustrating the process for appointing the head of an Islamic State - Khaleefah. It will show that the Messenger of Allah (saw) far from neglecting this important aspect of the governing system, in fact detailed a precise methodology for appointing a successor (Khaleefah) for the Muslim Ummah. 

1  AUTHORITY OF THE KHALEEFAH

One of the principles of the Islamic ruling system is that ‘authority belongs to the Ummah'.¹ It is the Muslim Ummah that Allah (swt) has made responsible for implementing the Islamic Shari'ah and spreading it to the entire world. The Muslim Ummah discharges this responsibility by appointing a representative who will implement, protect and propagate Islam. This representative is the Khaleefah.

This responsibility does not end with the appointment of the Khaleefah rather the Ummah must continue to account the Khaleefah and his government continuously to ensure there is no deviation from Islam.

Since the authority lies with the Muslims they have the choice to appoint whoever they deem best fit to undertake the responsibility of Khilafah.

Islam detailed a very specific method for transferring this authority from the Ummah to the Khaleefah. This method is known as the contract of Bay'ah (Pledge of allegiance).

2  EVIDENCE FOR THE BAY'AH

The companions (sahaba) of the Messenger of Allah (saw) were fully aware of the method to appoint a ruler as head of the Islamic State. The Messenger of Allah (saw) in many Ahadith mentioned the Bay'ah and he also explicitly stated what should happen once he dies with regards to ruling.

The Messenger of Allah (saw) said: ‘The prophets ruled over the children of Israel. Whenever a prophet died, another prophet succeeded him, but there will be no prophet after me. There will soon be Khulafaa' and they will number many. They asked: What then do you order us? He (saw) said: Fulfil Bay'ah to them one after the other, and give them their dues, for verily Allah will ask them about what He entrusted them with.'¹

Clearly, this hadith disproves Ali Abd al-Raziq's claim that the Messenger of Allah (saw) ‘made no provision for the permanent government of the community after his death.' The sahaba were fully aware that Khulufaa' (lit. successors) would run the affairs of the Muslims after the death of the Messenger of Allah (saw). The Khulufaa'are successors to the Messenger of Allah (saw) in ruling but not prophethood since the Messenger of Allah (saw) is the last prophet.

In addition, the Messenger of Allah (saw) practically demonstrated the Bay'ah when he took Bay'ah from the Muslims in the second Bay'ah of Al-Aqaba. This was a Bay'ah of ruling not prophethood as those pledging allegiance were already Muslim. This Bay'ah established the Messenger of Allah (saw) as head of State in Medina.

The evidence that the appointment of the Khaleefah is the right of the Ummah and that the Khaleefah can only take up his post and exercise his authority by taking a Bay'ah is taken from the sunnah of the Messenger of Allah (saw). Many Ahadith came mentioning the Bay'ah, and in each one the wording shows that the Bay'ah was given by the Muslims to the head of state and not the other way round. The head of state in Medina was the Messenger of Allah (saw) and the Muslims gave Bay'ah to him (saw) not in his capacity as a prophet and messenger but as a ruler.

‘Ubadah Ibn us-Samit said: ‘We gave Bay'ah to the Messenger of Allah (saw) to hear and to obey in ease and hardship.'²

Jarir Ibn ‘Abdullah, said: ‘I gave Bay'ah to the Messenger of Allah (saw) to listen and obey and give advice to every Muslim.'³

The Messenger of Allah (saw) said: ‘Three types of people which Allah will not speak to (on the Day of Judgement), nor will He praise them and they have severe punishment are: A man with surplus water on the road but he bans the traveller from it; a man who gives a Bay'ah to an Imam only for his own dunya, if he gave what he wanted him, he fulfilled to him otherwise he would not; and a man offered a commodity for sale after asr, (i.e. from at the end of the day) so he swore that he was given so and so price for it, so he (the buyer) trusted him and took it, but he was not given (that price) for it.'⁴

Without Bay'ah the Khaleefah has no authority to rule. He cannot assume his authority through coercion and force as a dictator does. If he did this and the Ummah refused to give him Bay'ah then he would not be the Khaleefah and the Ummah would be obliged to remove him.

As for the evidence that the Khaleefah only takes his authority by this Bay'ah, this is clear in the Ahadithconcerning obedience and the Ahadith regarding the unity of the Khilafah.

The Messenger of Allah (saw) said: ‘Whoever gave Bay'ah to an Imam giving him the clasp of his hand and the fruit of his heart shall obey him as long as he can. If another comes to dispute with him, you must strike the neck of that man.'⁵

Naf'i said ‘Abdullah Ibn ‘Umar told me: I heard the Messenger of Allah (saw) say: ‘Whoever takes off his hand from an obedience, he will meet Allah on the Resurrection Day without having any proof to show for himself; and whoever dies while having no Bay'ah on his neck he dies the death of the days of ignorance (Jahiliyyah).'⁶

The Messenger of Allah (saw) said: ‘If anyone sees in his Ameer something that displeases him let him remain patient, for behold! He who separates himself from the Sultan (authority of Islam) by even so much as a hand span and dies thereupon, he has died the death of Jahiliyyah.'⁷

3 OBLIGATION OF THE BAY'AH

The Bay'ah is an obligation upon all Muslims and it's also the right of every mature Muslim, male and female. The evidences concerning the Bay'ah being an obligation are numerous.

The Messenger of Allah (saw) said: 'Whoever dies while having no Bay'ah on his neck he dies the death of the days of ignorance (Jahiliyyah).'¹

This hadith came with a decisive connotation (Qareenah) i.e. linking to dying a death of jahiliyyah. This makes itFard Al-‘Ain (individual duty) for all Muslims to have a Bay'ah on their neck whether they are in Dar ul-Islam or outside. 

The Bay'ah can be split into two types.

1. Bay'ah of Contract (Bay'ah In'iqaad)
2. Bay'ah of Obedience (Bay'ah Taa'ah)

The Bay'ah of Contract (Bay'ah In'iqaad) is Fard Al-Kifiyya (collective obligation). It is the right of all Muslims to participate in contracting the Khaleefah. However, it is not obligatory for them to practice this right as long as some from among the Ummah are engaged in contracting the Khaleefah and hence the kifiyya is met. Usually those involved in contracting of the Bay'ah are a representative group known as the Ahlul Hall Wal Aqd (influential Muslims) who represents the opinion of the Muslims at large.

After the Messenger of Allah's (saw) death, only some of the senior sahaba met to contract the Bay'ah to a new Khaleefah. These included Abu Bakr (ra), Umar bin al-Khattab (ra) and Abu Ubaydah bin al-Jarrah (ra) from themuhajiroon. Abu Bakr (ra) and Umar (ra) were the wazirs (ruling assistants) to the Messenger of Allah (saw) whilst he was alive. The leaders of the tribes of Ansar - Al-Khazraj and Al-Aws were also present. These included Sa'd bin Ubadah (ra), and Bashir ibn Sa'd (ra), leaders of Al-Khazraj and Usaid ibn Hudhayr (ra), leader of Al-Aws.²

Once the Bay'ah is contracted to the Khaleefah then the Muslims must fulfil their side of the contract which is obedience to the Khaleefah. The Bay'ah then becomes a Bay'ah of obedience for the rest of the Muslims. This isFard Al-‘Ayn (individual obligation). After the contracting of the Bay'ah to Abu Bakr (ra) the Muslims of Medina were gathered in the Masjid the next day to give him the Bay'ah of obedience.

The evidence that this obedience is fard is taken from the hadith. 

Messenger of Allah (saw) said: ‘If anyone sees in his Ameer (Ameerihi) something that displeases him let him remain patient: For behold! He who separates himself from the Sultan (authority) by even so much as a hand span and dies thereupon, he has died the death of Jahiliyyah.'³

The phrase Ameerihi is general in this Hadith, so it includes the Khaleefah because he is the Ameer of the believers.⁴

It is not allowed to withdraw the Bay'ah of obedience to the Khaleefah, and the Khaleefah has the right to force the Muslims to give him Bay'ah of obedience.

A Bedouin gave his Bay'ah of Islam to the Messenger of Allah (saw). Soon after he felt a malaise, so he said to the Messenger of Allah (saw) ‘Would you relieve me of my Bay'ah!' The Messenger of Allah (saw) refused; he then came back and said, ‘Relieve me of my Bay'ah!' He (saw) refused, so the man left. Upon this the Messenger of Allah (saw) said: ‘Al-Madina is like the bellows, she banishes her bad odours and manifests her sweet scent.'⁵

This proves that once the Bay'ah of obedience is given it cannot be withdrawn. It would be wrong to claim that the Bedouin wanted to leave Islam by seeking relief from his Bay'ah rather than the obedience to the Head of State. This is because if this had been the case, his act would have been considered as apostasy, and the Messenger of Allah (saw) would most certainly have killed him, since the punishment for the apostate is killing. The Bay'ahitself is not a Bay'ah for embracing Islam but for obedience. Therefore, the Bedouin wanted to rid himself from his Bay'ah of obedience, not to apostasise.⁶

4  TIME LIMIT FOR CONTRACTING THE BAY'AH

The time limit allowed for Muslims to appoint a Khaleefah is three days including their nights. It is forbidden for a Muslim to spend more than three nights without having a Bay'ah on his neck, i.e. without a Bay'ah of contract being concluded.

As for allowing a maximum of three nights, this is because appointing a Khaleefah becomes compulsory from the very moment the former Khaleefah dies or is removed. However, it is allowed to delay the appointment as long as the Muslims are involved with the task at hand for three days, including their nights.¹

If the limit exceeds three nights and a Khaleefah is not appointed due to compelling reasons beyond the Muslims control then they are not sinful as long as they were attempting to contract the Bay'ah.

The Messenger of Allah (saw) said: ‘Allah had forgiven my Ummah for the mistake and forgetfulness and that which they were compelled to do.'²

The Bay'ah was concluded for all the Khulafaa' Ar-Rashidoon (Rightly Guided Khaleefah's) within three nights except for Imam Ali (ra). However, due to the previous Khaleefah Uthman (ra) being assassinated and rebels in control of Medina, there were compelling reasons why Imam Ali's (ra) appointment was delayed.

Today, Muslims have been without a Bay'ah on their neck for over 83 years without a shari'ah excuse allowing this. Although the obligation of contracting a Bay'ah to a Khaleefah is Fard Al-Kifiyya (collective duty) as with anyFard Al-Kifiyya if the kifiyya (sufficiency) is not met then the sin falls on the entire Muslims. Therefore, all Muslims must work today according to the sunnah of the Messenger of Allah (saw) and re-establish the Khilafah and contract a Bay'ah to a Khaleefah.

The evidence that the upper limit on contracting the Bay'ah is three days including their nights is from the consensus of the companions (ijma as-sahaba) over the second Khaleefah - Umar bin al-Khattab's (ra) actions when he developed a detailed process for appointing a Khaleefah after his death.

When Umar (ra) felt that his death was imminent he delegated the people of the Shura (consultation) to appoint a Khaleefah giving them a time limit of three days and instructing them to kill anyone who disagreed with the group once the three days had lapsed. He assigned the execution of this instruction, i.e. killing the one who might disagree to fifty people from the Muslims despite the fact that the group was formed of the Shura people and the senior sahabah. This took place in the presence of the sahabah and no one objected or condemned his instruction. This became a general consensus of the sahabah stating that it is forbidden for Muslims to remain without a Khaleefah for more than three days including their nights. The consensus of the sahabah is a Shari'ahevidence just like the Qur'an and Sunnah.³

5  WHO CONTRACTS THE BAY'AH?

From reviewing what took place in the Bay'ah of the Khulafaa' Ar-Rashidoon and the consensus of the sahabah(Ijmaa'), one can conclude that the Khilafah is contracted by the Bay'ah. However, if we look to the contracting of the Bay'ah for each of the Khulafaa' Ar-Rashidoon we find different groups of people contracted the Bay'ah.

In the Bay'ah to Abu Bakr, the Bay'ah from the influential figures amongst the Muslims, (Ahlul Hall Wal ‘Aqd) in Madina alone was enough to contract the Khilafah as discussed previously. The Muslims of Makkah were not consulted, nor were those living in other parts of the Arabian Peninsula, indeed they were not even asked about their opinion concerning the matter. This was also the case in the Bay'ah to ‘Umar.

With regards the Bay'ah to ‘Uthman (ra), ‘Abdul Rahman Ibn ‘Awf (ra) asked the Muslims of Madina regarding their opinion and he did not merely content himself by asking the influential people. When the Oath was taken for ‘Ali (ra), most of the people of Madina and Kufa gave him their Bay'ah, and he was singled out in the Bay'ah.

Imam Ali's (ra) Bay'ah was valid even for those who opposed him and fought against him because they never actually gave their Bay'ah to another man nor did they object to his Bay'ah. They rather demanded revenge for the blood of ‘Uthman (for his killing). So the verdict regarding them was that they were rebels who withdrew from the Khaleefah over one particular issue. In this instance the Khaleefah had to explain the situation to them and fight against them. These rebels did not establish another Khilafah.

All of this occurred in the past - the Bay'ah for the Khaleefah by the people of the capital to the exclusion of the other regions - in the presence of the sahabah. Nobody objected to or condemned that such an action be confined to the people of Madina. This is considered to be a general consensus of the sahabah (Ijmaa') that states that ‘those who represent the Muslims' opinion in matters relating to ruling can contract the Khilafah.'¹

This is simply because the influential people and the majority of the people of Madina, were the majority of those who represented the opinion of the Ummah regarding the ruling matters at the time.

Therefore, the Khilafah is contracted if the Bay'ah was taken from those who represent the majority of the Islamic Ummah that lives under the authority of the last Khaleefah, in whose place another Khaleefah is sought to be appointed, as was the case at the time of the Khulafaa' Ar-Rashidoon. Their Bay'ah would constitute a Bay'ah of contract, while for the others, once the Khilafah has been contracted, their Bay'ah would be classed as a Bay'ahof obedience, i.e. a Bay'ah of allegiance to the Khaleefah and not a Bay'ah of contract.

The contractual condition of the Bay'ah is that as long as the consent of the Muslim citizens of the Khilafah is achieved in contracting the Bay'ah then the Bay'ah is contracted.

Therefore, the Bay'ah is contracted if a group of people appointed a Khaleefah and in so doing the consent of the Muslims was achieved by any indication. It could also be by the Bay'ah of the majority of the Ahlul Hall Wal ‘Aqdor by themselves being the representatives of the Muslims, or by the silence of the Muslims about the Bay'ah of the Khaleefah whom they had given the Bay'ah to. It could also be by the Muslims rushing to pledge allegiance and obedience on the strength of such a Bay'ah, or by any other means or indications so long as they had been fully enabled to voice their opinion. The Shari'ah verdict does not contain any provisions maintaining that such an indication must be arrived at through the Ahlul Hall Wal'Aqd or that they should constitute five or 500 people or more or less, nor that they need be the inhabitants of the capital or the provinces. The Shari'ah rule merely states that with their Bay'ah the consent of the majority of the Muslims is achieved according to any indication that reflects such consent. This means that the right to vote has been guaranteed, and their ability to voice an opinion has not been curtailed.²

6  THE BAY'AH CONTRACT

Allah (swt) revealed a detailed system for governing relationships between people. These relationships are known as the mu'amilaat (transactions) and account for the largest section of Islamic Fiqh. The contract (‘ahd) is a fundamental concept in mu'amilaat for defining these relationships.

The relationship of marriage between men and women is governed by the contract of Nikah. The relationship of trade is governed by the contracts of Al-Bay', and the relationship of establishing companies is governed by the contracts of partnerships (sharika) and so on. 

The relationships of ruling are no different. They are governed by three specific contracts of ruling which are:

1. Bay'ah - contract between the Muslims and the Khaleefah

2. Dhimmah - contract between the non-Muslim citizens and the Khaleefah

3. Mu'aahadaat (treaties) - contract between other states and the Khaleefah

The Bay'ah contract is between two parties - the Muslims and the Khaleefah. Details of the Bay'ah contract are as follows.

A. CONTRACTUAL CONDITIONS FOR THE MUSLIMS

1. Mature

The Bay'ah should only be taken from the adult, as the Bay'ah of the child is not valid.

Abu Aqeel Zahrah Ibnu Ma'abad reported on the authority of his grand-father ‘Abdullah Ibnu Hisham who lived during the time of the Messenger of Allah (saw) that his mother Zainab Ibnatu Hamid took him to the Messenger of Allah (saw) and said: ‘O Messenger of Allah, take a Bay'ah from him'; upon this the Messenger of Allah (saw) said: ‘He is young', he (saw) wiped over his head and prayed for him.¹

2. MuslimNon-Muslims have no right in the Bay'ah. This is because it is a Bay'ah on Islam, i.e. on the Book of Allah and on the Sunnah of His Messenger (saw). It necessitates Iman (belief) in Islam, in the Book and the Sunnah. The non-Muslims cannot be in ruling positions nor can they elect the ruler, because there is no way (power) for them over the Muslims, and they have no say in the Bay'ah. Allah (swt) says:

"And Allah will never (lan) give the unbelievers any way (of authority) against the believers." ²

The relationship between non-Muslims and the Khaleefah is governed by a separate ruling contract calledDhimmah that is discussed elsewhere.

Islam has not confined the Bay'ah to a particular group of Muslims to the exclusion of another group, nor to a particular section to the exclusion of another section. Therefore the Bay'ah is an obligation on all Muslims:

The Messenger of Allah (saw) said: ‘Whoever dies while there was no allegiance (Bay'ah) on his neck he dies a death of the days of ignorance (Jahiliyyah).'³

This applies to every Muslim. It therefore, follows that the prominent figures are not the only people eligible to appoint the Khaleefah to the exclusion of other Muslims. Those eligible to appoint the Khaleefah are not a specific group of people; rather this right belongs to all Muslims without exception, even to the hypocrites (Munafiqeen) and the wrongdoers (Fujjar), so long as they are mature Muslims. This is because the relevant texts came in a general form, nothing else has been reported to specify them except the rejection of the Bay'ah of the child who is under the age of maturity, and therefore they remain general in their scope.⁴