Mataki na 28
Article 28
Babu wanda zai iya zama Khalifa sai dai idan Musulmai sun naɗa shi, kuma babu wanda yake da ikon wajibi na shugabancin Daula sai dai idan an kammala kwangila da shi bisa ga Shari'a, kamar kowace kwangila a Musulunci.
No one can be Khalifa unless the Muslims appoint him, and no one possesses the mandatory powers of the leadership of the State unless the contract with him has been concluded according tothe Shari’ah, like any contract in Islam.
Hujja akan cewa Khilafah kwangila ce da ta dogara da yarda da amincewa, domin hakikanin kasancewarta kwangila yana nufin ba a yin ta sai tsakanin bangarori biyu masu kwangilar, saboda haka babu wanda zai zama Khalifah sai an nada shi a kanta daga wadanda yardarsu ke kammala kwangilar bisa ga Shari'a. Don haka idan wani ya nada kansa Khalifah ba tare da mubaya'a daga wadanda ake yin Khilafah ta hannunsu ba, to ba zai zama Khalifah ba har sai mubaya'arsa ta faru da zabi da yarda daga wadanda kammala kwangilar ke faruwa ta hanyarsu. Don haka kasancewar Khilafah kwangila yana tilasta kasancewar bangarori biyu masu kwangila, kowannensu yana da cancantar Shari'a da ake bukata don a amince masa da kwangilar kuma ya kammala ta.
The evidence is that the Khilafah is a contract upon satisfaction and consent, since its reality as a contract means it is not contracted except through two contracting parties, and, therefore, no one is the Khalifah unless he was appointed to it by those whose agreement completes the conclusion of the contract according to the Shari’ah. So if someone appoints himself Khalifah without the pledge from those whom the Khilafah is contracted through, then he would not be a Khalifah until his pledge occurs with choice and consent from those whom the conclusion of the contract takes place. So the fact that the Khilafah is a contract necessitates the presence of two contracting parties, with each of them having the necessary Shari’ah qualifications to be entrusted with the contract and conclude it.
Idan wani mai mamayewa ya zo ya kwace mulki da karfi, ba zai zama Khalifah ta haka ba, koda kuwa ya sanar da kansa a matsayin Khalifah na Musulmi, domin Khilafah ba a daura ta a gare shi ba daga Musulmi. Idan ya karbi mubaya'a daga mutane da tilas da matsin lamba, ba zai zama Khalifah ba koda an ba shi mubaya'a, domin mubaya'ar da aka bayar ta hanyar tilas da karfi ba a la'akari da ita, don haka Khilafah ba za a iya daura ta da ita ba. Wannan saboda yarjejeniya ta zabi da yarda ba za a iya kammala ta ta hanyar tilas da karfi ba, don haka ba a daurawa sai ta mubaya'a da aka bayar cikin gamsuwa da yarda. Sai dai idan wannan mamayen ya samu nasarar shawo kan mutane cewa ba da mubaya'a a gare shi yana cikin amfanin Musulmi, kuma cikakken aiwatar da Shari'ah zai tabbata ta hanyar ba shi mubaya'a, sai mutane suka gamsu da hakan suka ba shi mubaya'ar nan bisa zabinsu, to a lokacin ne zai zama Khalifah, tun daga lokacin da mutane suka ba shi mubaya'ar nan da yardarsu, koda kuwa ya karbi iko ta hanyar karfi da mulki. Saboda haka, sharadin shi ne daurar mubaya'a, kuma ana kaiwa ga hakan ne kawai ta hanyar yarda da zabi, ko shugaban da jagoran ne wanda ya kai ga hakan ko bai kai ba.
If a conqueror came about and took the ruling by force he does not become a Khalifah by that, even if he announces himself as Khalifah of the Muslims, since the Khilafah was not contracted to him by the Muslims. If he took the pledge of allegiance from the people by force and compulsion, he does not become the Khalifah even if he was given the pledge, since the pledge given through compulsion and force is not considered, and so the Khilafah cannot be contracted by it. This is because a contract of choice and consent cannot be completed through compulsion and force, and so it is not contracted except through a pledge given with satisfaction and consent. However, if this conqueror managed to convince the people that it was in the benefit of the Muslims to give him the pledge, and that the implementation of the Shari’ah would be complete through giving the pledge to him – and so the people became convinced and satisfied with that and gave him the pledge of allegiance on that basis with their own choice, then he would become the Khalifah from the moment that he was given that pledge by the people freely even though he took the authority through force and power. Therefore, the condition is the contracting of the pledge, and this is only reached through consent and choice, irrespective of whether the one who reached it was the ruler and leader, or wasn’t.