Ɗaukar Khalifah na hukunci yana iyakance ne da ƙa'idojin Shari'ah. An hana shi ɗaukar wani hukunci wanda ba a samo shi ba bisa ingantaccen ƙiyasi daga dalilan Shari'ah, kuma yana da iyaka ga hukunce-hukuncen da ya ɗauka, da kuma abin da ya ɗaura kansa a kai dangane da hanyar istinbaɗi. Don haka ba a halatta masa ɗaukar hukunci wanda aka samo shi bisa hanyar da ta saɓa wa hanyar da ya ɗauka, kuma ba zai iya bayar da umarni wanda ya saɓa wa hukunce-hukuncen da ya riga ya ɗauka ba.

The Khalifah’s adoption is restricted by the Shari’ah rules; he is prohibited to adopt any rule which is not derived according to a legitimate deduction from the Shari’ah evidences, and he is restricted with what he adopted of the rules, and by what he bound himself to with respect to the method of derivation. So he is not permitted to adopt a rule which has been derived according to a methodology which contradicts the methodology he adopted, and he cannot give an order which contradicts the rules that he had adopted.

Matsala ta farko a cikin wannan makala ita ce: Khalifah an takaita shi wajen karɓar dokoki zuwa karɓar dokoki daga Shari'ah. A wani kalma, Shari'ar Musulunci ta takaita shi wajen shari'anta da kafa dokoki. Saboda haka, ba a halatta masa ya karɓi wani abu da ya sabawa hakan ba, domin hakan zai zama dokokin kafirci. Idan ya karɓi dokoki daga waɗanda ba na Musulunci ba, kuma ya san cewa abin da ya karɓa wani abu ne banda Shari'ar Musulunci, to sai ya zama maganar Allah (SWT) ta shafe shi.

There are two issues in this article: the first being that the Khalifah is restricted in the adoption of rules to adopting from the Shari’ah rules; in other words, he is restricted by the Islamic Shari’ah in legislation and enacting laws. Therefore, it is not permitted for him to adopt anything which contradicts that since they would be the rules of Kufr (disbelief); if he adopted rules from other than the Islamic rules, and he knew that what he had adopted was something other than the Islamic Shari’ah, then the words of Allah (swt).

“Kuma duk wanda bai yi hukunci da abin da Allah ya saukar ba, to waɗancan su ne kafirai.” (TMQ 5:44) ya shafe shi. Don haka idan ya yi imani da dokar da ya karɓa, to zai aikata kafirci kuma ya fita daga Musulunci. Idan kuma bai yi imani da ita ba, amma ya karɓe ta bisa dalilin cewa ba ta saɓa wa Musulunci ba, kamar yadda Khulafa'in Usmaniyya suka yi a kwanakinsu na ƙarshe, to haramun ne a gare shi, amma ba zai zama kafiri ba. Idan kuma yana da wani kamanni na dalili, kamar wanda ya shar'anta wata doka wadda babu dalili a kanta, saboda wata maslaha da yake ganin tana cikinta, ya dogara da ƙa'idar Al-Masalih Al-Mursalah, ko "toshe hanyoyi" ko "hanyoyin ayyuka" ko makamancin haka, to idan ya zaci waɗannan ƙa'idodi dokoki ne na Shari'a kuma dalili ne, ba zai zama haramun a gare shi ba, kuma ba zai zama kafiri ba. Sai dai yana cikin kuskure, kuma abin da ya ƙaddara ana ɗaukarsa dokar Shari'a ce a wurin dukkan Musulmi, kuma wajibi ne a bi shi idan Khalifa ya karɓe shi, tun da dokar Shari'a ce, kuma zai kasance yana da kamanni na dalili ko da yake ya yi kuskure a dalilin, domin shi kamar wanda ya yi kuskure a cikin fitar da hukunci daga dalilai. A kowane hali, wajibi ne ga Khalifa ya takaita karɓarsa ga Shari'ar Musulunci, kuma ya takaita kansa ga karɓar dokokin Shari'a waɗanda aka fitar da su ta hanyar fahimta daidai daga dalilan Shari'a. Dalilin hakan kuwa shi ne:

“And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.” (TMQ 5:44) apply to him, so if he believed in the rule that he had adopted, then he would commit disbelief and apostatise from Islam. If he did not believe in it, but he took it upon the basis that it did not contradict Islam, in the same manner that the Ottoman Khulafaa’ acted during their final days, then it would be forbidden for him but he wouldn’t commit disbelief. If he had a semblance of an evidence, such as the one who legislates a rule which has no evidence, due to a benefit that he thinks is there, and relies upon the rule of Al-Masalih Al-Mursalah, or the “preventing the means” or “the means of the actions” or anything similar, then if he thought that these rules were Shari’ah rules and evidences, it wouldn’t be forbidden for him and nor would he commit disbelief. However, he is mistaken, and what he has derived is considered a Shari’ah rule by all of the Muslims, and it is obligatory to obey it if the Khalifah adopts it, since it is a Shari’ah rule, and it would have a semblance of an evidence even if he was mistaken in the evidence, since he is like the one who is mistaken in the deduction from the evidences. In any case, it is obligatory for the Khalifah to restrict his adoption to the Islamic Shari’ah, and to restrict himself to adoption of Shari’ah rules derived by a correct deduction from the Shari’ah evidences. The evidence for this:

Na farko: Abin da Allah (SWT) ya wajabta a kan kowane Musulmi, ko shi Khalifa ne ko ba shi ba, shi ne ya gudanar da dukkan ayyukansa bisa ga hukunce-hukuncen Shari'ah. Allah (SWT) ya ce: "Amma a'a, na rantse da Ubangijinka, ba za su yi imani ba sai sun sanya ka [ya Muhammad] ka zama mai yanke hukunci a cikin abin da suke sabani a tsakaninsu." (TMQ 4:65). Gudanar da ayyuka bisa ga hukunce-hukuncen Shari'ah yana bukatar karɓar wani takamaiman hukunci idan akwai fahimta iri-iri game da kiran Mai Shari'a; wato, idan hukuncin Shari'ah yana da yawa. Don haka karɓar takamaiman hukunci a cikin al'amuran da akwai ra'ayoyi da dama wajibi ne a kan Musulmi idan yana so ya aiwatar da aikin, wato, idan yana so ya yi amfani da hukuncin, haka kuma wajibi ne a kan Khalifa idan yana so ya gudanar da aikinsa, kuma wannan shi ne hukuncin.

Firstly: What Allah (swt) obligated upon every Muslim, whether they were the Khalifah or not, to conduct all of their actions according to the Shari’ah rules; Allah (swt) says. “But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves.” (TMQ 4:65). Conducting the actions according to the Shari’ah rules necessitates the adoption of a specific rule when there are a number of understandings of the address of the Legislator; in other words, when the Shari’ah rule is numerous. So adoption of a specific rule in those issues where there are a number of opinions is obligatory upon the Muslim when he wants to undertake the action, in other words, when he wants to apply the rule, and so it is obligatory upon the Khalifah when he wants to carry out his action and that is the rule.

Na biyu: Rubutun alkawarin biyayya da Khalifa ya ɗaura kansa da shi, yana wajabta masa bin Shari'ar Musulunci, tun da alkawari ne bisa Littafi da Sunnah. Don haka ba halal ba ne a gare shi ya bar waɗannan biyu. Duk wanda ya fita daga waɗannan biyu da gangan, to ya aikata kafirci, kuma idan ya yi hakan ba da gangan ba, to zai yi zunubi.

Secondly: The text of the pledge of allegiance which the Khalifah is contracted upon, obliges him to adhere to the Islamic Shari’ah, since it is a pledge upon the Book and the Sunnah, and so it is not permitted for him to leave these two - rather whoever intentionally goes outside these two commits disbelief and if it was unintentional then he would be sinful.

Na uku: Halifa an naɗa shi ne domin aiwatar da Shari'a, don haka ba a halatta masa ya aiwatar da wani abu daga waje da Shari'a ga Musulmi ba, domin Shari'a ta haramta irin wannan aiki haramci bayyananne wanda ya kai matakin da wanda ya aiwatar da wani abu banda Musulunci Imaninsa ke lalacewa, wannan kuwa alama ce da ke nuna cewa haramcinsa haramci ne bayyananne. Wannan yana nufin Halifa yana da takaitaccen iko a karɓar hukunce-hukunce, wato a tsara dokokinsa bisa ƙa'idojin Shari'a kawai. Idan ya tsara wasu dokoki bisa wani abu dabam, to zai yi kafirci idan ya yi imani da shi, kuma zai yi zunubi idan bai yi imani da shi ba.

Thirdly: The Khalifah is appointed in order to implement the Shari’ah, and so it is not permitted for him to implement anything from outside the Shari’ah upon the Muslims, since the Shari’ah prohibits such an action in a decisive manner which reaches the level whereby the one who implements other than Islam has their Iman negated, which is an indication for it being decisively prohibited. This means that the Khalifah is restricted in his adoption of the rules, in other words, in his drafting of the laws according to the Shari’ah rules alone, and if he drafts any laws based upon anything else, then he will commit disbelief if he believes in it, and will be sinful if he doesn’t.

Waɗannan shaidu guda uku ne hujja ga batu na farko a cikin wannan maƙala. Dangane da batu na biyu na maƙalar, wato cewa Khalifah yana da iyaka ga abin da ya karɓa da kuma abin da ya riƙe a matsayin hanyar istinbadi, hujjar hakan ita ce: hukuncin Shari'ah da Khalifah ke aiwatarwa shi ne hukuncin Shari'ah a gare shi, ba ga wasu ba. Wato hukuncin Shari'ah da ya karɓa domin ayyukansa su gudana bisa gare shi, ba kowane hukuncin Shari'ah ba. Don haka idan Khalifah ya yi istinbadi zuwa wani hukunci, ko ya bi wani a cikinsa, to wannan hukuncin Shari'ah zai zama hukuncin Allah (SWT) a gare shi, kuma zai kasance yana da iyaka ga wannan hukuncin Shari'ah a karɓarsa ga Musulmai. Ba zai halatta a gare shi ya karɓi wani abu daban da shi ba, domin ba za a ɗauke shi a matsayin hukuncin Allah (SWT) a gare shi ba, saboda ba zai zama hukuncin Shari'ah dangane da shi ba, kuma bisa haka ba zai zama hukuncin Shari'ah dangane da Musulmai ba. Saboda haka, umarnin da ya bayar domin amfanin talakawa zai kasance yana da iyaka ga wannan hukuncin Shari'ah da ya karɓa, kuma ba ya halatta a gare shi ya bayar da umarnin da ya saɓa wa abin da ya karɓa daga hukunce-hukuncen. Wannan saboda umarnin da ya bayar ba za a ɗauke shi a matsayin hukuncin Allah (SWT) a gare shi ba, don haka ba zai zama hukuncin Shari'ah dangane da shi ba, sannan kuma ba zai zama hukuncin Shari'ah dangane da Musulmai ba. A irin wannan yanayi, zai zama kamar ya bayar da umarni ne wanda ba a dogara da shi a kan hukuncin Shari'ah ba. Saboda wannan dalili, ba ya halatta a gare shi ya bayar da wani umarni da ya saɓa wa abin da ya karɓa daga hukunce-hukuncen.

These three evidences are the proof for the first issue in this article. As for the second issue of the article which is that the Khalifah is restricted by what he has adopted and by what he adheres to in terms of a method of deduction, the proof for this is that the Shari’ah rule which the Khalifah implements is the Shari’ah rule for him, and not for others; in other words, the Shari’ah rule which he adopted in order for his actions to proceed in accordance with and not any Shari’ah rule. So if the Khalifah deduced a rule, or followed someone else in it, that Shari’ah rule would be the rule of Allah (swt) for him, and he would be restricted by this Shari’ah rule in his adoption of it for the Muslims. It would not be permitted for him to adopt anything different to it, since it would not be considered to be the rule of Allah (swt) for him, because it would not be a Shari’ah rule with respect to him, and accordingly it would not be a Shari’ah rule with respect to the Muslims. Therefore, his orders that he issued for the sake of the subjects would be restricted according to this Shari’ah rule which he had adopted, and it is not permitted for him to issue orders which contradict whatever he had adopted from the rules. This is because that order which he issued would not be considered the rule of Allah (swt) for him, and so would not be considered a Shari’ah rule with respect to him, and then it would not be a Shari’ah rule in respect to the Muslims, in which case, it would be as though he had issued an order which was not based upon the Shari’ah rule. Due to this, it is not permitted for him to issue any order which contradicts what he adopted from the rules.

Har ila yau, hanyar istinbadi tana haifar da canji a fahimtar hukuncin Shari'a, don haka idan Khalifah ya ɗauki Illah a matsayin Illar Shari'a idan an samo ta daga nassin Shari'a, kuma bai ɗauki Maslahah a matsayin Illar Shari'a ba, kuma bai ɗauki Al-Masalih Al-Mursalah a matsayin dalilin Shari'a ba, to yana nufin ya ƙayyade wa kansa wata hanyar istinbadi. A wannan yanayi, zai zama wajibi a gare shi ya takaita da ita, kuma ba zai dace a gare shi ya karɓi wani hukunci wanda dalilinsa ya dogara da Al-Masalih Al-Mursalah ba, ko ya ɗauki qiyasi bisa wata Illah wadda ba a samo ta daga nassin Shari'a ba, domin wannan hukuncin ba zai zama hukuncin Shari'a a gare shi ba, tunda bai amince da dalilinsa a matsayin dalilin Shari'a ba. Don haka, a ra'ayinsa, ba zai zama hukuncin Shari'a ba. Muddin ba a ɗauke shi a matsayin hukuncin Shari'a ga Khalifah ba, to ba zai zama hukuncin Shari'a ga Musulmai ba, kuma zai kasance kamar ya ɗauki hukunci daga waɗanda ba hukuncin Shari'a ba, wanda hakan haramun ne a gare shi. Idan Khalifah ya kasance Muqallid (wanda ke bin ijtihadin wani), ko kuma Mujtahid a wata mas'ala ba Mujtahid Mutlaq ba ko Mujtahid Madhhab, kuma bai da wata takamaiman hanyar istinbadi, to zai halatta a gare shi ya karɓi duk wani hukuncin Shari'a muddin yana da dalili, matuƙar wannan dalili yana kama da dalili; ba zai takaita da wani abu ba wajen karɓar hukunce-hukuncen, sai dai zai takaita ne kawai da abin da ya bayar na umarni, ta yadda ba za a bayar da shi ba sai bisa ga abin da ya karɓa daga hukunce-hukuncen.

Also, the method of deduction causes a change in the understanding of the Shari’ah rule, so if the Khalifah considered the Illah to be a Shari’ah Illah if it is derived from a Shari’ah text, and he does not think that Maslahah is a Shari’ah Illah, and he does not consider Al-Masalih Al-Mursalah to be a Shari’ah evidence, then it means that he has specified a method of deduction for himself. In which case, it would be obligatory for him to be restricted by it, and it would not be correct for him to adopt a rule whose evidence was based upon Al-Masalih Al-Mursalah, or to take an analogy based upon an Illah which was not derived from a Shari’ah text, since that rule would not be considered a Shari’ah rule for him as he does not recognise its evidence as a Shari’ah evidence, in which case in his view, it would not be a Shari’ah rule. As long as it is not considered to be a Shari’ah rule for the Khalifah, then it would not be a Shari’ah rule for the Muslims and so it would be as if he adopted a rule from other than the Shari’ah rules, which is prohibited for him. If the Khalifah was a Muqallid (someone who follows another person’s Ijtihad), or a Mujtahid in an issue and not a Mujtahid Mutlaq or Mujtahid Madhhab, and he did not have a specific method of deduction, then he would be permitted to adopt any Shari’ah rule as long as it has an evidence, as long as that evidence is a semblance of an evidence; he would not be restricted by anything in his adoption of the rules but rather he would only be restricted by what he issued in terms of orders such that they should not be issued except according to what he had adopted from the rules.