18.1 Deposing Or Removal Of The Khalifah
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.