4.5 Bosib olingan mulkka (g'asb qilingan narsaga) hukm
4.5 The verdict on the usurper
Agar zolim kuch ishlatib hokimiyatni egallasa, u o'zini musulmonlarning xalifasi deb e'lon qilgan taqdirda ham xalifa bo'lmaydi. Chunki bunday holatda musulmonlar unga xilofatni topshirmagan bo'ladi. Agar u odamlardan majburlash va zo'rlik bilan bay'at olsa, unga bay'at berilgan bo'lsa ham xalifa bo'lmaydi. Chunki zo'rlik va majburlash bilan olingan bay'at to'g'ri hisoblanmaydi va u orqali xilofat tuzilishi mumkin emas. Zero, bu rozilik va ixtiyorga asoslangan shartnoma bo'lib, zo'rlik yoki majburlash bilan tuzilishi mumkin emas. Shuning uchun xilofat faqat rozilik va ixtiyor bilan berilgan bay'at orqali tuziladi. Biroq, agar zolim odamlarni ishontira olsa, ularning bay'atini berish musulmonlar manfaatiga xizmat qilishini va Shar'iy hukmlarni amalga oshirish uchun bay'at berish ularga vojib ekanligini, ular bunga ishonib, qabul qilib, so'ngra rozilik va ixtiyor bilan unga bay'at bersalar, u bay'at berilgan paytdan boshlab xalifa bo'ladi. Garchi birinchi navbatda u hokimiyatni zo'rlik va kuch bilan egallagan bo'lsa ham. Shart — bay'atning berilishi va uning rozilik hamda erkin ixtiyor asosida bo'lishidir, bay'at berilgan kishi hokim bo'lganmi yoki yo'qmi, bundan qat'i nazar.
If a usurper were to seize power by force He would not become Khaleefah, even if He declared himself to be the Khaleefah of the Muslims. This is because the Muslims in this case would not have contracted the Khilafah to him. If He were to take the Bay’ah from the people by force and coercion He would not become Khaleefah even if the Bay’ah was given to him. This is because a Bay’ah that is taken by force and coercion is not considered valid and the Khilafah cannot be concluded by it. For it is a contract based on mutual consent and choice and cannot be concluded forcefully or by coercion. The Khilafah cannot therefore be concluded except by a Bay’ah of consent and choice. However, if the usurper managed to convince the people that it would be in the interest of the Muslims to give him their Bay’ah and that the implementation of the Shar’a rules obliges them to give the Bay’ah, and they were convinced of that and accepted it and then gave him the Bay’ah by consent and free choice, He would become Khaleefah from the moment that the Bay’ah was given to him by consent and choice. This is the case, even though in the first place He seized the authority by coercion and force. The condition is giving the Bay’ah and that it must be by mutual consent and free choice, regardless of whether the one who was given the Bay’ah was the ruler or not.