Understanding Usul Al-Fiqh by Abu Tariq Hilal - Abu Ismael al-Beirawi

An example of Ijma‟ as-Sahabah is the priority, which must be given to the appointment of a Khaleefah for Muslims. The Sunnah of the Prophet (saw) informs us that the dead must be buried quickly and it is forbidden for those responsible for the burial to delay the burial on account of other things. Yet when the Prophet (saw) died, the Companions delayed his (saw) burial until they had selected a Khaleefah from among themselves.

Before the burial arrangements were completed, the Sahabah (ra) had gathered in the place of Banu Sai‟da and proceeded to select the Khaleefah. After discussion of the matter, all agreed to give Bay‟ah (oath of allegiance) to Abu Bakr (ra), after which they buried the Prophet (saw). None of them objected to the delay of the burial. The unanimous agreement of the Sahabah (ra) regarding this action is a Daleel for us about the importance of appointing the Khaleefah for Muslims, even more vital than the burial of the Prophet (saw) himself.

Al-Haythami (d. 1405 CE) said, “It is known that the Sahabah (ra) consented that selecting the Imam after the end of the era of Prophethood was an obligation (Wajib). Indeed they made it (more) important than the (other) obligations whilst they were busy with it over the burial of the Prophet (saw).”8

The reputed scholar Al-Taftazani (d. 1389 CE) said, “There is Ijma (consensus) that appointing an Imam is wajib (obligatory)…The adoption (i.e. correct position) is that it is obligatory upon the servants by textual evidence because of the saying of the Messenger (saw):

"Whoever dies not having known the Imam of his time, dies the death of the days of Jahiliyyah (Ignorance)." Also, the Ummah agreed that this was the most important duty following the death of the Messenger (saw), so important in fact that they considered it more important than the matter of his burial, and so also has it been after the death of each Imam. And they must appoint someone, for so many Shari‟ah obligations depend on this duty.”9

Another example of Ijma‟ as-Sahabah is when Umar (ra) on his deathbed specified a time limit of three days to appoint the next Khaleefah after him, he even ordered for those amongst the council of six he nominated to be killed if they disputed. All of the Sahabah consented to this. The six Umar appointed in the council were all senior Sahabah who had been promised paradise by the Prophet (saw), they included Ali b. Abi Talib, Uthman b. Affan, Sa‟ad b. Abi Waqqas, Abdur Rahman ibn Awf, Az- Zubayr b. Al Awwam, and Talha b. Ubaydullah.

The renowned scholar and historian Ibn Jarir al-Tabari (838–923 CE) as well as others have reported the narrations about what occurred when Umar (ra) was wounded, Umar (ra) said: “O group of Muhajireen! Verily, the Apostle of Allah died, and he was pleased with all six of you. I have, therefore, decided to make it (the selection of Khaleefah) a matter of consultation among you, so that you may select one of yourselves as Khaleefah. If five of you agree upon one man, and there is one who is opposed to the five, kill him. If four are one side and two on the other, kill the two. And if three are on one side and three on the other, then Abdur Rahman ibn Auf will have the casting vote, and the Khaleefah will be selected from his party. In that case, kill the three men on the opposing side. You may, if you wish, invite some of the chief men of the Ansar as observers but the Khaleefah must be one of you Muhajireen, and not any of them. They have no share in the Khilafah. And your selection of the new Khaleefah must be made within three days.”10