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The Islamic Personality10 min readViewed 4 times

17.2 Contracting (in’iqad) The Khilafah


The Khilafah is a contract of consent and choice, because it is a pledge to obey the one with the right of obedience among those in authority. So the consent of the person who is given the bay’ah to hold the Khilafah and the consent of those who give the bay’ah are essential. Therefore, if somebody rejected to be a Khalifah and declined it, he must not be compelled to accept it, but another person is selected instead. Also, it is not allowed to take the bay’ah from the people by force because, in this case, the pledge contract cannot be considered legal due to its contradiction with using force, since the Khilafah is a contract of consent and choice devoid of any compulsion like any other contract. However, if the pledge contract is accomplished by those whose bay’ah is considered (binding) then the bay’ah would be contracted, and the elected person would become the person in authority who must be obeyed. At this point the bay’ah given to him becomes a bay’ah of obedience rather than a bay’ah of the Khilafah contract. In this case he is allowed to force the rest of the people to give him the bay’ah because it is a bay’ah of obedience which is obliged by the Shar’a. It is not correct to say that it is illegal to use compulsion, because the bay’ah in this case is not the contracting bay’ah for the Khilafah. Accordingly, the bay’ah initially is a contract which is not legal except by consent and choice. But after the contract bay’ah is given to the Khalifah the bay’ah becomes obedience to his order, and compulsion comes from the fact that it is allowed to implement the order of Allah (swt). Since the Khilafah is a contract, then there must be a contractor for the contract to be considered legal, like in the judiciary where the person cannot be a judge unless he is appointed in this office by somebody else, and in the imarah nobody can be an Amir (leader) unless there is a person who appoints him in this office. Similarly in the Khilafah, no person can be a Khalifah unless he is appointed in this post as a Khilafah.

Thereupon, it is clear that nobody becomes a Khalifah unless the Muslims appoint him in this post, and he cannot have the authority of the Khilafah unless he is contracted to it. And this contract can only be implemented by two parties - the first is the one who asks for the Khilafah and the second is the Muslims who accepted him as their Khalifah. Therefore, the bay’ah of Muslims is essential to fulfill the Khilafah contract. Accordingly, if someone usurped power by force he will not become a Khalifah even if he declared himself a Khalifah for Muslims, because the contract of Khilafah has not been convened to him by the Muslims. And if he took the bay’ah from the Muslims by force, he is not considered a Khalifah by such bay’ah, because the bay’ah by force is illegal. And the Khilafah cannot be convened by it, since it is a contract of consent and choice (Rada wa ikhtiyar) which cannot be accomplished by force, but is convened by a bay’ah of consent and choice. However, if this usurper (mutasallit) managed to convince the people that it is in their interest to give him the bay’ah, and that the implementation of the Shari’ah laws requires from the people to give him the bay’ah and were convinced of that and accepted it, and they gave him the bay’ah by consent and choice, then he becomes a Khalifah the moment he was given the bay’ah by consent and choice, although he initially held the power by force. So it is a condition that the bay’ah must occur by consent and choice whether the person who obtained the bay’ah was the ruler or not.

As for the people by whose bay’ah the Khilafah is established this can be derived by examining what happened in the bay’ah of the Khulafaa ar-Rashidun and what the Sahabah (ra) agreed upon. In the bay’ah of Abu Bakr (ra) it was sufficient from the ahl al-hal wal ‘aqd (the people of influence) among Muslims in Madinah alone; the opinion of Muslims in Mecca and the rest of the Arabian Peninsula were not sought, they were not even asked. It was the same case in the bay’ah of ‘Umar (ra). As for the bay’ah of ‘Uthman (ra), ‘Abdurrahman bin ‘Auf (ra) took the opinion of the Muslims in Madinah and did not confine it to the people of influence as Abu Bakr (ra) did when he nominated ‘Umar (ra). At the time of ‘Ali (ra) it was sufficed with the bay’ah of the majority of the people of Madinah and Kufa, and he was singled by the bay’ah. His bay’ah was considered legal even by those who disagreed with him and fought against him, as they did not make bay’ah with anyone other than him, and neither did they object to his bay’ah. Rather they demanded revenge for the blood of ‘Uthman (ra), so their case was considered as rebels who avenged a matter from the Khalifah and he had to explain it to them and fight them, but they did not form another Khilafah.

All this happened i.e. giving the bay’ah to the Khalifah from the people of the capital only without the rest of the regions, in the presence of the Sahabah (ra), and none of them disagreed or denied that action of limiting the bay’ah to the majority of the people of Madinah, though they disagreed on the person selected as the Khalifah and denied some of his actions, yet they did not deny that the bay’ah was made to him only by the majority of the people of Madinah. So this was Ijma’a of the Sahabah that the Khilafah is established by those who represent the opinions of the Muslims in the matter of ruling. This is so because the people of influence and the majority of the residents of Madinah represented the opinion of the majority of the Ummah in the matter of ruling in all the territories of the Islamic State at that time.

Accordingly, the Khilafah is convened if the bay’ah is made by the majority of those who represent the Islamic Ummah, who are under the authority of the Khalifah who is being replaced by another, as was the case at the time of the Khulafaa ar-Rashidun. Their bay’ah would then be a bay’ah of contract to the Khilafah. As for the bay’ah of the other people, it becomes a bay’ah of obedience after the Khilafah is convened to the Khalifah which is a bay’ah of submission to the Khalifah, not a bay’ah of contract to establish the Khilafah.

This would be the case if there was a Khalifah who died or was deposed and it is required to establish a Khalifah in his place. But if there is no Khalifah at all, then it becomes obligatory upon Muslims to appoint for themselves a Khalifah to implement the Shari’ah laws and convey the Islamic call to the world, as is the case since the removal of the Islamic Khilafah in Istanbul in 1343 after Hijrah (1924 Christian Era) until the present day, then every country in the Islamic world is eligible to elect a Khalifah and thereby establish a Khilafah. So if one country of the Islamic world appointed a Khalifah, and the Khilafah was established for him, it becomes obligatory upon Muslims to make a pledge of obedience to him i.e. a bay’ah of submission, after the Khilafah was convened to him by the bay’ah of the people in his country, whether this country was big like Egypt, Turkey and Indonesia or small like Albania, Cameroon and Lebanon, on condition that the country fulfils four criteria:

1. The authority in that country must be self-determined depending on Muslims only, not on any disbeliever state or disbeliever influence.

2. The security of Muslims in that country must be through the security of Islam and not the security of Kufr i.e. the protection of the country internally and externally must be Islamic from the power of Muslims in its capacity as a purely Islamic power.

3. The country must commence immediate implementation of Islam comprehensively and radically and also engage in delivering the Islamic call.

4. The elected Khalifah should fulfill the conditions of the Khilafah contract even if he is lacking the preferable conditions, because what matters are the contract conditions.

Therefore, if that country has fulfilled these four conditions, then the Khilafah has been established by the bay’ah of that country alone and it was convened with it alone as well, even if this country does not represent the majority of the influential people who represent the Islamic Ummah. This is so because establishing the Khilafah is a collective duty, and whoever performs this duty in the correct manner would accomplish the prescribed duty. And because the condition concerning the majority of the influential people applies if there was a Khilafah and there was a need to appoint another Khalifah in place of the dead or deposed one. However if there was no Khilafah at all and the establishment of one is necessary, then by its establishment in accordance with Shari’ah the Khilafah will be convened legally by any Khalifah who satisfies the conditions of the contract regardless of the number of the people who elected him, as the matter would be then a question of fulfilling a duty neglected by the Muslims for more than three days. Their negligence to this duty is a termination of their right to choose whom they want for a Khalifah.

So if there arise some people who perform this duty, it suffices for the Khilafah to be established by them, and once the Khilafah is established in that country and contracted to a Khalifah it becomes a duty upon all the Muslims to rally under its banner and to give bay’ah to the Khalifah, otherwise they will be sinful before Allah (swt). The elected Khalifah must invite them to give him bay’ah and if they refused they will be considered as rebels whom the Khalifah must fight until they submit to his authority. If another Khalifah in the same or a different country is elected after the first Khalifah who had the Khilafah convened to him legally by satisfying the four aforementioned conditions, then the Muslims must fight the second Khalifah until he makes bay’ah to the first one. The evidence on this matter is what ‘Abdullah bin ‘Amr bin al-‘Aas narrated, that he heard the Prophet (saw) saying:

“He who has pledged allegiance to an Imam and gave him the clasp of his hand and the fruit of his heart should obey him as much he can. If another person comes to dispute (his authority) then strike the neck of the latter.”

And also because the Khalifah of the Muslims is the one who unites the Muslims under the banner of Islam. So if the Khalifah is appointed, the Muslim community (jama’h) would be formed and it becomes obligatory upon Muslims to join this community and haram upon them to dissociate themselves from it. Ibn ‘Abbas (ra) reported that the Prophet (saw) said:

“If anyone sees in his leader (Amir) something that displeases him should remain patient about it, because he who separates himself from the jama‘ah even so much as a hand span and dies, he dies the death of jahiliyyah.”

Muslim reported from ibn ‘Abbas from the Prophet (saw) who said:

“If anyone hates something from his Amir let him remain patient about it because he who separates himself from the authority (sultan) by even so much as a hand span, and dies upon that, dies the death of jahiliyyah.”

The indication from these two ahadith is to adhere to the Muslim community and to the authority of Islam.

Non-Muslims have no right in the bay’ah, and it is not obligatory upon them because it is a bay’ah on Islam and on the Book of Allah (swt) and the Sunnah of the Messenger of Allah (saw) and it requires belief in Islam, the Qura'n and the Sunnah. Non-Muslims are not allowed to be involved in ruling or electing the ruler because they have no authority over Muslims and have no place in the bay’ah.

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Chapters (185)
  1. 1Transliteration Guide
  2. 21. Personality
  3. 31.1 The Islamic Personality
  4. 41.2 The Formation Of Personality
  5. 51.3 Gaps In Conduct
  6. 62. The Islamic Aqidah
  7. 72.1 The Meaning Of Imān In The Day Of Resurrection
  8. 82.2 The Emergence Of The Mutakallimīn And Their Approach
  9. 92.3 The Error In The Methodology Of The Mutakallimīn
  10. 102.4 How The Issue Of Al-qadaa’ Wa‘l- Qadar Emerged
  11. 112.5 Al-qadr
  12. 122.6 Al-qadā’
  13. 132.7 Al-qadā’ Wa‘l-qadar
  14. 142.8 Guidance And Misguidance
  15. 152.9 The Termination Of The Life-span [ajāl ] Is The Sole Cause Of Death
  16. 162.10 Provision [rizq] Is In The Hands Of Allah Alone
  17. 172.11 The Attributes [sifāt] Of Allah
  18. 182.12 The Muslim Philosophers
  19. 192.13 The Prophets And Messengers
  20. 202.14 The Infallibility Of The Prophets
  21. 212.15 The Revelation
  22. 222.16 It Is Not Allowed On The Part Of The Messenger Pbuh That He Be A Mujtahid
  23. 233. The Noble Qur'ān
  24. 243.1 The Compilation Of The Qur’ān
  25. 253.2 The Qur’ānic Script
  26. 263.3 The Miracle Of The Qur’ān
  27. 274. The Sunnah
  28. 284.1 The Sunnah Is A Sharī’ah Evidence Like The Qur’ān
  29. 294.2 Inferring Evidences From The Sunnah
  30. 304.3 The Solitary Report (khabar Al-ahad) Is Not A Decisive Proof (hujjah) For Beliefs
  31. 314.4 The Difference Between The ‘aqīdah And The Sharī’ah Rule (hukm Shar’i)
  32. 325. Ijtihād And Taqlīd
  33. 335.1 Expert Research (ijtihād)
  34. 345.2 The Conditions Of Ijtihād
  35. 355.2 Taqlīd
  36. 365.3 The Reality Of Taqlīd
  37. 375.4 The States Of Muqallidin And Their Preponderant Qualifications
  38. 385.5 Migrating From One Mujtahid To Another
  39. 396. Learning The Sharī’ah Rule
  40. 407. The Strength Of The Evidence (quwwa Al-dalīl)
  41. 418. Consultation (shūrā) Or The Adoption Of An Opinion In Islam
  42. 429. Science And Culture
  43. 439.1 The Islamic Culture
  44. 449.2 The Method Of Study In Islam
  45. 459.3 Acquisition Of Culture (thaqafa) And Sciences
  46. 469.4 The Cultural Movement
  47. 479.5 The Position Of Muslims With Regards To Non- Muslim Cultures
  48. 4810. The Islamic Disciplines
  49. 4910.1 Tafsīr (qur’ānic Exegesis)
  50. 5010.2 The Exegetical Approaches Of Mufassirun
  51. 5111. Sources Of Tafsīr
  52. 5211.1 The Ummah's Need Today For Mufassirin
  53. 5312. The Science Of Ḥadīth (‘ilm Al-ḥadīth)
  54. 5412.1 The Hadīth
  55. 5512.2 The Transmitters Of Hadīth (ruwat Al Hadith)
  56. 5612.3 The One Whose Narration Is Accepted And The One Whose Narration Is Not Accepted And The Exposition Of (the Science Of) Invalidation And Attestation Of Reliability (al-jarh Wa Ta'dīl)
  57. 5712.4 Narrations Of The Muslim Sects
  58. 5812.5 Arration By Meaning (riwaya Bil Ma’na) And Abridgement Of The Hadīth
  59. 5912.6 Categories Of Hadīth
  60. 6012.7 Categories Of The Khabar Al-ahād
  61. 6112.8 The Accepted Hadīth (maqbul) And The Rejected Hadīth (mardud)
  62. 6212.9 The Mursal Hadīth
  63. 6312.10 The Ḥadīth Qudsi
  64. 6412.11 The Inability To Prove The Authenticity Of A Hadīth From Its Sanad Does Not Indicate That It Is A Weak Hadīth
  65. 6512.12 Consideration Of The Hadīth As An Evidence In The Sharī’ah Rules
  66. 6613. Prophetic Biography (sīrah) And History
  67. 6714. The Principles Of Islamic Jurisprudence (usūl Al-fiqh)
  68. 6814.1 Fiqh (jurisprudence)
  69. 6914.2 The Development Of Fiqh
  70. 7014.3 The Effect Of Disputes And Debates (munazarat) On Islamic Jurisprudence
  71. 7114.4 The Flourishing Of Islamic Jurisprudence
  72. 7214.5 The Decline Of Islamic Jurisprudence
  73. 7314.6 The Myth Of The Influence Of Roman Law On Islamic Jurisprudence
  74. 7415. Studying Fiqh
  75. 7516. Examples (namadhij) Of Fiqh
  76. 7617. The Khilafah
  77. 7717.1 The Time Limit Given For Muslims To Appoint A Khalifah
  78. 7817.2 Contracting (in’iqad) The Khilafah
  79. 7917.3 The Pledge (bay’ah)
  80. 8017.4 The Conditions Of Eligibility For The Khalifah
  81. 8117.5 Seeking The Khilafah Post
  82. 8217.6 The Unity Of The Khilafah
  83. 8317.7 Succession (istikhlaf) Or Reign (‘ahd)
  84. 8417.8 The Method To Appoint The Khalifah
  85. 8517.9 The Shar'a Did Not Designate A Specific Person For The Khilafah
  86. 8617.10 General Responsibilities/duties
  87. 8718 The Islamic State Is A Human State And Not A Theocratic State.
  88. 8818.1 Deposing Or Removal Of The Khalifah
  89. 8919. The Leadership (al-imarah)
  90. 9019.1 Obedience (at-ta’ah)
  91. 9119.2 The Khalifah's Adoption Of Rules And Styles I.e. Adopting Canons
  92. 9220. Jihad
  93. 9320.1 The Khalifah And Jihad
  94. 9420.2 The Meaning Of The Khalifah Supervising The Army's Leadership
  95. 9520.3 The Martyr
  96. 9620.4 Guarding The Frontiers (ar-ribat)
  97. 9720.5 The Islamic Army
  98. 9820.6 Seeking The Assistance Of Disbelievers In Fighting
  99. 9920.7 Preparing The Islamic Army
  100. 10020.8 Flags And Banners
  101. 10120.9 Captives
  102. 10221. The War Policy
  103. 10321.1 Lying In War
  104. 10421.2 Spying
  105. 10521.3 Truce (hudna)
  106. 10621.4 Military Alliances
  107. 10721.5 Permissible Treaties
  108. 10821.6 Emergency Treaties
  109. 10921.7 Annulling Treaties
  110. 11021.8the Belligerent Disbeliever (kafir Harbi)
  111. 11121.9 The Protected Person (al-m'ustamin)
  112. 11221.10 The Rules Of The Dhimmi
  113. 11322. Implementing Islam Is Obligatory Upon The Disbelievers
  114. 11423. The Jizyah
  115. 11524. The Lands Of Ushr, Kharaj And Sulh (truce)
  116. 11625. Dar Al-kufr And Dar Al-islam
  117. 11726. The Believer's Befriending The Disbelievers
  118. 11826.1 The Emigration (hijrah) From Dar Al-kufr To Dar Al-islam
  119. 11927. The Position Of Islam On Slaves And Slavery
  120. 12027.1 Treating Slaves
  121. 12127.2 Treating Slavery
  122. 12228. Relationships Between Individuals
  123. 12329. Trade (bai’)
  124. 12429.1 Everything Forbidden For Man, Trading It Is Also Forbidden
  125. 12529.2 It Is Not Allowed To Sell What You Do Not Have
  126. 12629.3 The Selling Of Advance Credit (as-salam)
  127. 12729.4 Buying Fruits While They Are Still On The Tree
  128. 12829.5 Sale On Credit And Instalments (taqseet)
  129. 12929.6 Brokerage (samsara)
  130. 13030. Hiring
  131. 13130.1 The Employee
  132. 13230.2 The Wage
  133. 13330.3 Estimating The Wage
  134. 13430.4 The Amount Of The Wage
  135. 13530.5 Paying The Wage
  136. 13630.6 Types Of Employees
  137. 13730.7 There Is No Labour Problem In Islam
  138. 13830.7 Hiring Assets
  139. 13930.8 Renting Houses For Residence
  140. 14031. All Bribery Is Forbidden
  141. 14132. Mortgage/ Pledging Security
  142. 14232.1 The Pledgee Benefiting From The Pledge
  143. 14333. The Bankrupt
  144. 14434. Transfer Of A Right (al-hawala)
  145. 14535. Drawing & Painting
  146. 14636. Usul Al-fiqh
  147. 14736.1 Al-hākim
  148. 14836.2 There is no hukm Prior to the coming of the revelation
  149. 14936.3 The legally responsible with respect to the shari’ah rulings
  150. 15037. The conditions of legal responsibility [shurūt al-taklīf]
  151. 15137.1 The legal ruling [al-hukm al-shar’i]
  152. 15237.2 The address of legal responsibility [khitab al-taklīf]
  153. 15337.3 The obligatory [al-wajib]
  154. 15437.4 That which is required to fulfill a wājib is itself wājib
  155. 15537.5 The prohibition [al-harām]
  156. 15637.6 The permissible [al-mubāh]
  157. 15737.7 The declaratory address [khitāb al-wad’]
  158. 15938. The Cause ( Al Sabab)
  159. 16039. The Condition ( Al Shart)
  160. 16140. The Prohibitive ( Al Manay)
  161. 16241. The Validity, The Invalidity, And The Corruption ( Al Sihhah, Wal Butlan, Wal Fasaad)
  162. 16342. The Determination And The Consession ( Al Azeema War Rukhsah)
  163. 16443. The Shari'ah Evidences ( Al Adilla-tul- Shariyah )
  164. 16544. The Shariah Evidences Must Be Decisives ( Al Adillah- Tu-shariah Yajebo An Takoona Qateyyah)
  165. 166What Is Considered As A Proof (hujjah) Of The Qur’aan
  166. 167Al-muhkam Wa Al-mutashabih The Precise And The Imprecise
  167. 168The Second Daleel Al–sunnah
  168. 16948. The Status Of The Sunnah In Relation To The Qur'aan
  169. 17049. Divisions Of The Sunnah (aqsaam Al Sunnah)
  170. 17150. The Mutawaatir
  171. 17251. The Number By Which The Certainty Occurs
  172. 17352. The Famous Hadeeth (al Mashhour)
  173. 17453. The Individuals Report (khabar Al Aahaad)
  174. 17554. The Narrators Of The Hadeeth (ruwaat Al Hadeeth)
  175. 17655. Types Of The Individuals Report
  176. 17756. Conditions For Accepting The Individuals Report
  177. 17857. The Actions Of The Messenger
  178. 17958. The Ways By Which The Direction (quality) Of The Action Of The Messenger Can Be Known
  179. 18059. The Silence Of The Prophet (saw)
  180. 18160. The Conflict Between The Actions Of The Messenger (saw)
  181. 18261. The Conflict Between The Action Of The Messenger (saw) And His Saying
  182. 18362. The Conflict Between The Sayings Of The Messenger (saw)
  183. 18463. The Inference (al Istidlaal) From The Kitaab And The Sunnah
  184. 18564. The Language Discussions
  185. 18665. The Way To Know The Arabic Language