The Islamic Personality by Sheikh Taqīuddīn An-Nabahānī

A Khalifah is deposed immediately if his personal situation has changed in a way that necessitates his removal; alternatively the Khalifah must be deposed in certain situations where he is not allowed legally to continue as a Khalifah. The difference between the two situations is that in the first case which removes him from the position of Khalifah, allegiance to him is not obligatory the moment the incident has occurred. But in the second case in which he necessarily has to be deposed, obedience to him remains obligatory until his deposition is completed. There are three matters which effectively change his situation and would remove him from the position of Khalifah according to the first criteria above:

Firstly: If he left Islam and insisted on apostasy.

Secondly: If he became totally insane and did not regain his sanity.

Thirdly: If he became captive in the hands of an overpowering enemy, and he cannot escape from them and his rescue from captivity is impossible.

In these three cases he is removed as Khalifah and is deposed at once, even if no decision was announced to depose him. So his obedience is not obligatory, and his orders are not executed by those who have evidence of the presence of any one of the above cases. But it must be proved that any of these cases did occur to him, and this proof should be in front of the madhalim court, which decides to remove the Khalifah and judges on his deposition so that the Muslims can appoint another Khalifah.

What changes his situation in a way that does not immediately remove him from the Khilafah, but he cannot remain as a Khalifah, are five matters:

Firstly: His justice was challenged, by becoming openly fasiq.

Secondly: He changes to a female or became bisexual.

Thirdly: He becomes insane, but not entirely, so he regains his sanity sometimes and madness at other times. In this case no guardian or deputy can be appointed for him, because the contract of the Khilafah falls to him personally, and it is not allowed, in this case, for another person to act as a deputy to him.

Fourthly: Incompetence to accomplish the duties of the Khilafah for any reason, whether due to loss of a part of his body, or an incurable disease that prevents him from performing the deeds. The crucial point is that due to his incompetence to perform the deeds as a Khalifah, the affairs of the deen and the interests of the Muslims are neglected. This is a munkar that must be removed, and it cannot be removed except by disposing the Khalifah in order to facilitate establishing a Khalifah other than him. So deposing him in this case becomes a wajib.

Fifthly: Overpowering that renders him incompetent to run the affairs of Muslims by his opinion according to Shari’ah. If an overpowering force subjected him to the extent that he became unable to run the affairs of the Muslims by his own opinion according to the rules of Shari’ah, then he becomes legally incompetent to carry out the duties of the Khilafah, so he must be deposed. This matter could be conceived in two cases.

First case: One or more members of his court overpowered or controlled him, so they go forth to execute the affairs and overpower him. They proceed by their opinion, such that he becomes unable to disagree with them and is compelled to proceed according to their opinion. In this case, it is examined; if he is likely to save himself of their influence within a short period of time then he is given this short period to remove them and rid himself of them. If he did that, then the objection disappears and the incompetence is removed. Otherwise he must be deposed.

Second case: He falls into a situation similar to captivity. This is when he falls under the control of an enemy and under his influence, who directs him as he likes and deprives him of his will in running the affairs of Muslims. In this case, it is examined; if it is possible for him to free himself from their control within a short period of time, then he is given this short period. If it is possible to free him, and to salvage him from the enemy’s control, then the objection disappears and the incompetence is removed. Otherwise he must be deposed.

In these five cases, the Khalifah must be deposed once any one of these occurs. However their occurrence needs a proof that has occurred and such proof should be before the court of madhalim. It judges the cancellation of the Khilafah contract and deposes the Khalifah, so he is deposed and Muslims contract the Khilafah for another person within three days.