4.4 The method of appointing the Khalifa
When Shara made it incumbent upon the Ummah to appoint a Khalifah, it determined for her the method by which the Khalifah is appointed. This method is proven in the Book and the Sunnah. The Muslims who must give the bayah are those that are citizens of the Khilafah at that time. In the case where there is no Khilafah the Muslims responsible for giving the bayah are those living in the region where the Khilafah should be implemented. .
The method of electing the Khalifah through a bayah is proved from the example of the Bayah given by the Muslims to the Prophet (P.B.U.H), and from the order of the Messenger (P.B.U.H) to us, to pledge Bay’ah to the Imam. The Bayah of the Muslims to the Messenger (P.B.U.H) was not a Bayah on Prophethood, but a Bayah over ruling, for it was regarding action not belief. Therefore, Rasool Allah (P.B.U.H) was pledged allegiance to as a ruler, and not as a Prophet or a Messenger (P.B.U.H). This is because acknowledging the Prophethood and Messengership is linked to belief (Iman), and not a Bayah. Hence the Bayah to Him (P.B.U.H) was only in his capacity as the head of the state. .
The Bayah is also mentioned in the Qur’an and Hadith. Allah (S.W.T) says:.
"O Prophet! If the believers come to you to take the oath (Bay’ah) that they will not associate [in worship] anything with Allah, that they will not steal, that they will not commit adultery, that they will not kill their children, that they will not utter slander, intentionally forging falsehood, and they will not disobey you in any just matter (Ma’roof), then receive their oath (Bayah)." [TMQ: 60:12] In another verse Allah (S.W.T) says: .