Mataki na 40 - Tsarin Mulki na Daular Khilafah (Daftarin Farko) | Quran Course

Mataki na 40 - Tsarin Mulki na Daular Khilafah (Daftarin Farko) | Quran Course

“Never will succeed such a nation that makes a woman their leader” (reported by Al-Bukhari from Abu Bakrah). His words included the ruling: as long as the person is a leader, he could not be a woman. So if a man who was a ruler became a woman, for any reason, he would have lost this condition, and it would be obligatory to remove him immediately. In the same manner, when Allah (SWT) said: “O you who have believed, obey Allah and obey the Messenger and those in authority among you” (TMQ 4:59), His (SWT) words “among you” next to “those in authority” clearly mean that the person in authority must be an adherent of Islam as long as he is a person in authority. So if the person in authority became someone not from amongst us, in other words, became a disbeliever, then this characteristic which the Qur'an stipulated for the person in authority would be lost, the loss of the condition of being Muslim, at which point he is removed from this position of authority, since it is not correct for him to be a person in authority while he is not from amongst us, in other words, not a Muslim. The same applies to all the texts related to the conditions of the Khalifah. They are comprehensive texts which encompass the enduring characteristics necessary for the one described, which indicates that they are conditions of continuation and not simply conditions for taking the position alone. Based on that, the conditions for the contracting of the Khilafah are also the conditions for removing him, since their presence is a condition for the contracting of the Khilafah, and a condition for its continuation due to the generality of the text, and their loss means the loss of its continuation, so it is prohibited for the person to remain in their position. This is the proof for paragraph “a” of the article.

“Never will succeed such a nation that makes a woman their leader” (reported by Al-Bukhari from Abu Bakrah), his words included the ruling, so as long as the person is a leader, he could not be a woman; so if a man who was a ruler became a woman, due to any reason, then he would have lost this condition and it would be obligatory to remove him immediately. In the same manner, when Allah (swt) said. “O you who have believed, obey Allah and obey the Messenger (pbuh) and those in authority among you.” (TMQ 4:59), His (swt) words “Among you” next to “those in authority” clearly means that the person of authority must be an adherent of Islam as long as he is a person of authority. So if the person of authority became someone not from amongst us, in other words, became a disbeliever, then this characteristic which the Quran stipulated for the person of authority would be lost - the loss of the condition of being Muslim - at which point he becomes removed from this position of authority since it is not correct for him to be a person of authority while he is not from amongst us, in other words, not a Muslim. And the same applies to all the texts which have been related in regards to the conditions of the Khalifah; they are comprehensive texts which encompass the perpetual characteristics that are necessary for the one described, which indicates that they are conditions of continuation and not simply conditions for taking the position alone. Based upon that, the conditions for the contracting of the Khilafah are also the conditions for removing him, since their presence is a condition for the contracting of the Khilafah, and a condition for its continuation due to the generality of the text, and their loss means the loss of its continuation, and so it is prohibited for the person to remain in their position. This is the proof for paragraph “a” of the article.

Dalilin fasa "b" shi ne cewa kwangilar Khalifanci tana kan aiwatar da ayyukansa. Don haka idan ya zama ba zai iya aiwatar da abin da aka kulla masa kwangila a kansa ba, to wajibi ne a cire shi, domin ya zama kamar wanda a zahiri ba ya nan. Haka kuma, saboda rashin iyawarsa wajen aiwatar da ayyukan da aka danka masa a matsayin Khalifa, al'amuran addini da maslahohin Musulmi za su tsaya cik, kuma wannan wata cuta ce da dole ne a kawar da ita. Ba za a iya kawar da ita ba sai ta hanyar cire shi domin a maye gurbinsa da wani. Cire shi a wannan yanayi zai zama wajibi. Ya kamata a sani cewa wannan ba ya da alaka da wani takamaiman dalili; a'a, duk abin da ya same shi har ya kai ga rashin iyawarsa wajen aiwatar da ayyukansa yana wajabta cire shi. Idan abin bai sa shi ya zama mara iyawa ba, to ba a cire shi ba. Saboda haka ba za a iya cewa rasa gabobi daga jikinsa yana wajabta cire shi ko ba ya wajabtawa ba, haka nan ba za a iya cewa idan yana fama da wata takamaiman cuta, hakan yana wajabta cire shi ko ba ya wajabtawa ba. Wannan saboda babu nassi a kan haka kwata-kwata; a maimakon haka, hukuncin Shari'a shi ne cewa wanda bai iya aiwatar da ayyukan da aka danka masa ba, yana wajabta cire shi, duk dalilin rashin iyawar. Wannan ba ya keɓe Khalifa kawai ba, a'a yana da fadi kuma ya shafi duk wanda aka danka wa aiki, ko an nada shi a matsayin mai mulki kamar gwamna ko a matsayin ma'aikaci kamar manajan sashe; rashin iyawarsa yana wajabta cire shi.

As for paragraph “b”, its evidence is that the contract of the Khilafah is over the execution of its duties; so if he becomes incapable to execute what he was contracted upon, it becomes obligatory to remove him since he has become like one who in reality is not there. Additionally, due to his inability to execute the actions which are commissioned to him as Khalifah, the issues of the Deen and the interests of the Muslims would be suspended, and this is an evil that must be removed, and it cannot be removed except by his removal so as to be replaced by someone else. His removal in this situation would become mandatory. It should be known that this is not linked to a specific reason; rather anything which afflicted him leading to his incapacity in executing his actions necessitates his removal. If it does not make him incapable, then he is not removed, and for this reason it cannot be said that losing limbs from his body necessitates removal or not, in the same way, it cannot be said that if he is afflicted by a specific illness, it necessitates his removal or not. This is since there is no text regarding this at all; rather the Shari’ah rule is that the one incapable of executing the actions which they have been commissioned for necessitates his removal, whatever the reason for this incapacity. This is not specific for the Khalifah, rather it is general and applies to everyone who is commissioned to an action, irrespective of whether he was appointed as a ruler such as a governor or as an employee such as a department manager; his incapacity necessitates his removal.

Game ko cikin wadanda suka cancanci a tsige shi, wato idan adalcinsa ya lalace saboda bayyanar zunubi a fili, ko ya canza jinsinsa zuwa mace ko zuwa wanda jinsinsa ba ya bayyana, ko ya kamu da hauka na wucin gadi, ko ya zama ba zai iya gudanar da Khilafah ba a zahiri, ko an daure shi ta hanyar tasirin wani mutum ko kungiya daga cikin masu ba shi shawara wadanda suke rike da cikakken iko wajen aiwatar da al'amura, ko ya zama fursuna a zahiri da fatan za a iya 'yantar da shi, ko ya fada karkashin tasirin kafirai da ke iko da shi; a cikin wadannan hudu da bakwai, wajibi ne a tsige shi, sai dai ba a tsige shi sai da hukuncin alkali. A dukkan wadannan yanayi guda bakwai, wajibi ne a yi masa biyayya a aiwatar da umarninsa har sai an bayar da umarnin tsige shi; domin babu daya daga cikin wadannan yanayi da ke haifar da soke kwangilar Khilafah kai tsaye, sai dai ya dogara ne ga hukuncin alkali. Bambanci tsakanin sharuddan da idan aka rasa su ake tsige shi daga Khilafah, da sharuddan da rasa su ba ya tsige shi daga Khilafah, a maimakon haka yana nufin ya cancanci a tsige shi, shi ne cewa sharuddan da rasa su ke sa kwangilar ta zama ba ta inganta ba tun daga asali da kuma ingancinta, ta yadda suke komawa ga kwangilar ko kuma su zama daya daga cikin ginshikanta, to a wannan halin kwangilar za ta zama ba ta inganta ba, domin idan ba su kasance ba a lokacin kulla Khilafah, to kwangilar ba za ta inganta ba, kuma ba za a kammala ta ba. Idan sun bayyana a lokacin Khilafah, kwangilar za ta zama ba ta inganta ba, kuma za ta zama batacciya. Wannan zai faru ga sharudda kamar sharadin Musulunci, hankali, da kuma iya aiwatar da ayyuka da kansa. Amma sharuddan da rashinsu ba ya sa aqd ya zama batil ba, sai dai asalinsa ya kasance halal, amma yana zama batil ta fuskar sifofinsa, domin ba ya komawa ga aqd kansa ko ɗaya daga cikin rukunansa, sai dai ga wata sifa da aka haɗa da shi. A irin wannan yanayi, aqd ba ya zama batil, sai dai ya zama ba cikakke ba. Saboda haka idan dukkan waɗannan sharuɗɗa ba su kasance ba a lokacin yin aqd ɗin Khilafah, to an yi Khilafah ɗin, amma ba ta cika ba, kuma soke ta zai dogara ne ga hukuncin alƙali. Haka nan, idan waɗannan sharuɗɗa suka bayyana a lokacin Khilafah, to aqd ɗin zai zama ba cikakke ba, amma ba zai soke kansa ba. Maimakon haka, soke shi zai dogara ne ga hukuncin alƙali. Misalin haka shi ne sharadin kasancewa namiji, adali, da duk abin da yake kama da su. Daga wannan bayani ne aka fahimci bambanci tsakanin canjin sharaɗin Khalifa wanda ke cire shi daga Khilafah, da canjin sharaɗin da ba ya cire shi daga Khilafah, sai dai yana sa ya cancanci a cire shi.

As for if his just character is damaged by the appearance of clear sin, or changing his sex to female or someone whose gender is not clear, or if he became afflicted by temporary madness, or he became literally incapable of carrying out the Khilafah, or he is confined through being influenced by an individual or group from his advisors who take full control of executing the affairs, or he becomes a physical prisoner with the hope of being able to be liberated, or he falls under the influence of the disbelievers who control him; in these seven circumstances, it is obligatory for him to be removed, however, he is not removed except by a judge’s verdict. In all of these seven circumstances, it is obligatory to obey him and execute his orders until the order to remove him is issued; this is because none of these situations results in the automatic annulment of the contract of the Khilafah but rather relies upon the verdict of a judge. The difference between the conditions which if lost result in his removal from the Khilafah and those conditions whose loss does not remove him from the Khilafah but rather mean that he is deserving of being removed, is that those conditions whose loss makes the contract invalid from its origin and quality, in that they return to the contract or are one of its pillars, then the contract would be invalid in this case since if they were not present at the time of the contracting of the Khilafah, then the contract would be invalid and would not have been concluded. If they appear during the period of the Khilafah, the contract would be invalid, and would be void as well. This would occur with conditions such as the condition of Islam, sanity and the capability to carry out the actions individually. As for the conditions whose loss does not make the contract invalid, but rather its basis remains legitimate, but it makes it invalid from its properties, since it does not return to the contract itself, nor to one of its pillars, but rather to a property attached to it. In this case, the contract is not invalid but rather is imperfect. So if all these conditions were not present at the time of contracting the Khilafah, the Khilafah is contracted but it would be imperfect and its annulment would rely upon the verdict of a judge. In the same manner, if they appear during the period of the Khilafah, then the contract would become imperfect, but it would not void itself. Rather, its annulment would rely upon the verdict of a judge. Examples of this would be like the condition of being male, just and whatever is similar. It is from this explanation, that the difference between the changing of the condition of the Khalifah which removes him from the Khilafah, and the changing of condition which does not remove him from the Khilafah but rather makes him deserving of being removed has been arrived at.