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The Institutions of State in the Khilafah 5 min readViewed 3 times

4.5 Practical measures taken for the Khalifah’s appointment and bay’ah


The practical measures taken to appoint the Khalifah, before the bayah is given to him, can take different forms, which happened with the rightly guided Khulafaa’ who came immediately after the death of the Messenger (P.B.U.H) namely: Abu Bakr, ‘Umar, ‘Uthman, and ‘Ali (May Allah (S.W.T) be pleased with them). All of the Sahabah remained silent about this and vouched for it, otherwise, they would not have accepted it if it was against the Shara. This is because it is related to a vital matter upon which rely the stature of the Muslims and the preservation of the rule of Islam. If we follow the development of the appointment of those Khulafaa, we find that some Muslims had discussions in the hall (Saqifa) of Banu Sa’idah. Sa‘d, Abu Ubaydah, ‘Umar and Abu Bakr were nominated and no-one else. However, ‘Umar and Abu Ubaidah refused to challenge Abu Bakr. This meant the issue was confined to Abu Bakr and Sa’d. As a result of the debate, the Bayah was taken for Abu Bakr. The next day the Muslims were called to the Masjid and in turn they pledged their Bayah. So the Bayah in the Saqifa was a Bayah of appointment, by which he became Khalifah for the Muslims. However, the second Bayah in the Masjid, the next day was a Bayah of obedience. .

When Abu Bakr felt that his illness carried with it death, and the Muslim armies were fighting the Persian and Roman superpowers of that time, he felt it necessary to invite the Muslims and consult them with regards to who could be a Khalifah for the Muslims after him. He continued to make these consultations for three months. When they were complete and he knew the opinion of the majority of the Muslims, he announced to them, i.e. nominated, ‘Umar to be the Khalifah to succeed him. This delegation or nomination was not considered a contract of Khilafah to ‘Umar after him. This is because it was only after the death of Abu Bakr that Muslims came to the Masjid and pledged their allegiance to ‘Umar for Khilafah. It was through this Bayah that ‘Umar became the Khalifah for the Muslims, and not as a consequence of the consultations or the nomination of Abu Bakr. Had the nomination of ‘Umar by Abu Bakr been a contract of Khilafah to him, then he would not have needed the bayah of Muslims. Besides, the cited texts indicate explicitly that no one can become a Khalifah except with the Bayah from Muslims. .

At the time when ‘Umar was Khalifah and he was injured, the Muslims asked him to nominate a Khalifah, but he refused. They continued to insist and so he confined it to six people, i.e. he nominated six people. Then he appointed Suhaib to lead the prayer and to watch over those nominated by him so as to select the Khalifah from amongst them within the three days assigned to them. ‘Umar said to Suhaib: “…If five (of the six) agreed and accepted one man, while one (of the six) man rejected him, then strike his head with the sword...” This is also reported by At-Tabari in his Ta’rikh; by Ibn Qutaybah the author of the book al-Imamah and Siyasah known as “The history of the Khulafa’” and Ibn Sa’d in his book al-Tabaqaat al-Kubra. ‘Umar then appointed Abu Talha Al-Ansari to protect the gathering with fifty men and he charged Al-Miqdad ibn al-Aswad with the duty of choosing the meeting place for the six candidates. After his death (ra) the nominees settled into their meeting. Abdul Rahman ibn Awf then asked the six "Who would take himself out of it (the Khilafah) and give it to the best among you?” No one answered him, so he went on saying, “I myself renounce my right to the Khilafah.” Then he started to consult them one by one. He would ask them, “Apart from yourself, who do you think is worthy of this authority from among this group?" Their answer was confined to two: Ali and ‘Uthman. Then Abdul- Rahman sought the opinion of the Muslims regarding the two people and which they would elect as Khalifah. He asked the men and women when investigating the opinion of the people. He (ra) worked day and night during the period of electing the Khalifah. Al-Bukhari reported from Al-Miswar ibn Makhramah that he said: “Abdul Rahman knocked at my door after a part of the night passed till I woke up. He said, ‘I see you have been sleeping. By Allah, I did not enjoy much sleep in these three’”, meaning the three nights. After the people had prayed the dawn prayer (fajr), the Bayah was concluded to ‘Uthman and he became Khalifah by the bayah of the Muslims, and not due to the nomination of the six people by ‘Umar. .

At the time of ‘Uthman’s (ra) murder the Muslim masses of al-Madinah and al- Kufah gave the bayah to Ali ibn Abi Talib, so he became a Khalifah by the bayah of the Muslims. .

Upon close examination regarding the method of their (ra) Bayah it is clear that the nominees to the Khilafah were announced to the people and each one of them fulfilled the contractual conditions. Then the opinion of the influential people among the Muslims, who represent the Ummah, was sought. The representatives of the Ummah were known at the time of the Khulafaa’ Rashidun, for they were the Sahabah (ra), or the people of al-Madinah. Whoever was accepted by the Sahabah or their majority was given the contracting bayah, and he became a Khalifah, and obedience to him became incumbent upon the Muslims. Muslims would then give him the Bayah of obedience, and the Khalifah would become the representative of the Ummah in ruling and authority. .

This is understood from the Ba’yah given to the Khulafa’ al-Rashidun (ra). There are two issues that are understood from ‘Umar’s nomination of six people and from the measures followed in the Bayah of ‘Uthman (ra). These two issues are the presence of a provisional amir that takes care of the period during which the new Khalifah is appointed and limiting the number of nominees to six people. .

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Chapters (68)
  1. 11 Forward
  2. 22 Introduction
  3. 33 The Instutions of State in the Khilafah (in ruling and administration)
  4. 44 The Khalifah
  5. 54.1 The title
  6. 64.2 Necessary conditions
  7. 74.3 Preferred condition
  8. 84.4 The method of appointing the Khalifa
  9. 94.5 Practical measures taken for the Khalifah’s appointment and bay’ah
  10. 104.6 The provisional Khalifah
  11. 114.7 The nominees’ shortlist
  12. 124.8 The method of Bay’ah
  13. 134.9 The Khilafah’s unity
  14. 144.10 The Khalifah’s mandatory powers
  15. 154.11 The Khalifah is restricted to the Shari’ah rules regarding adoption (enacting of laws)
  16. 164.12 The Khilafah state is a human not a theological state
  17. 174.13 The time term of the Khalifah
  18. 184.14 The dismissal of the Khalifah
  19. 194.15 The time limit for the appointment of a Khalifah
  20. 205 The delegated assistants (mu’awin al-tafwid)
  21. 215.1 The conditions of the delegated assistants
  22. 225.2 The mandatory powers of the delegated assistants
  23. 235.3 he appointment and dismissal of the delegated assistants
  24. 246 The executive assistants (mu’awin al-tanfidh)
  25. 257 The governors (wulah)
  26. 267.1 Examining the activities of the governors
  27. 278 Jihad
  28. 288.1 Firstly: The army
  29. 298.2 Secondly: The internal security
  30. 308.3 Thirdly: The industry
  31. 318.4 Fourthly: The international relations
  32. 328.5 Fifthly: Amir of Jihad – War department (The army)
  33. 338.6 The army divisions
  34. 348.7 The Khalifah is the army’s leader
  35. 358.8 Sixthly: The Internal Security
  36. 368.9 Seventhly: The Foreign Affairs
  37. 378.10 Eighthly: The Industry
  38. 389 The Judiciary
  39. 399.1 The types of judges
  40. 409.2 The conditions of the judges
  41. 419.3 The appointment of the judges
  42. 429.4 The judges’ means of living
  43. 439.5 The formations of the tribunals
  44. 449.6 Al-muhtasib
  45. 459.7 The mandatory powers of al-muhtasib
  46. 469.8 The Judge of al-Mazalim (grievances)
  47. 479.9 The appointment and dismissal of the judges of al-Mazalim
  48. 489.10 The mandatory powers of the judges of al-Mazalim
  49. 499.11 The contracts, transactions and court verdicts before the establishment of the Khilafah
  50. 5010 The administration system (the people’s affairs)
  51. 5110.1 The administrative system is a style of management not ruling
  52. 5210.2 The policy of affairs management
  53. 5310.3 Those who are eligible to be civil servants
  54. 5411 Bayt al-mal (the state treasury)
  55. 5512 I’lam (the information)
  56. 5612.1 The authorization of forms of media
  57. 5712.2 The information policy of the state
  58. 5813 The Ummah’s council (shura and Accounting)
  59. 5913.1 The right of shura
  60. 6013.2 The duty of taking to task
  61. 6113.3 The election of the members of the Ummah’s council
  62. 6213.4 The method of electing members of the Ummah’s council
  63. 6313.5 The membership in the Ummah’s council
  64. 6413.6 The term of membership in the Ummah’s council
  65. 6513.7 The mandatory powers of the Ummah’s council
  66. 6613.8 The right of expression and voicing an opinion without impediment
  67. 6714 The Flags and Banners
  68. 6815 The Anthem of the Khilafah State