伊斯兰哈里发制度是一种基于同意与选择的契约,因为它是对权威者中拥有服从权利之人的效忠承诺。因此,被授予效忠(bay'ah)以担任哈里发者的同意,以及给予效忠者的同意,都是必不可少的。所以,如果有人拒绝担任哈里发并推辞此职,不得强迫他接受,而应另选他人。同样,不允许以武力迫使民众效忠,因为在这种情况下,效忠契约不能被视为合法,因为它与使用武力相矛盾;哈里发制度是一种基于同意与选择、不含任何强制的契约,与其他契约一样。然而,如果效忠契约由那些效忠被视为具有约束力的人完成,那么效忠便成立,被选之人就成为必须服从的权威者。此时,授予他的效忠就变成服从的效忠,而非哈里发契约的效忠。在这种情况下,他被允许强迫其余的人向他效忠,因为这是伊斯兰法所规定的服从之效忠。说使用强制是非法的,这种说法并不正确,因为此时的效忠并非缔结哈里发契约的效忠。因此,效忠起初是一种只有出于同意与选择才合法的契约;但在哈里发契约的效忠授予之后,效忠就转变为对其命令的服从,而强制的依据在于执行安拉(斯布哈内胡·泰阿拉)的命令是被允许的。既然哈里发制度是一种契约,那么契约要被视为合法,就必须有缔约方,正如在司法体系中,一人若非由他人任命,就不能担任法官;在伊玛莱(领导权)中,若无任命他的人,也无人能成为埃米尔(领袖)。 同样，在哈里发制度中，任何人都不能成为哈里发，除非他被任命担任这一职位。

The Khilafah is a contract of consent and choice, because it is a pledge to obey the one with the right of obedience among those in authority. So the consent of the person who is given the bay’ah to hold the Khilafah and the consent of those who give the bay’ah are essential. Therefore, if somebody rejected to be a Khalifah and declined it, he must not be compelled to accept it, but another person is selected instead. Also, it is not allowed to take the bay’ah from the people by force because, in this case, the pledge contract cannot be considered legal due to its contradiction with using force, since the Khilafah is a contract of consent and choice devoid of any compulsion like any other contract. However, if the pledge contract is accomplished by those whose bay’ah is considered (binding) then the bay’ah would be contracted, and the elected person would become the person in authority who must be obeyed. At this point the bay’ah given to him becomes a bay’ah of obedience rather than a bay’ah of the Khilafah contract. In this case he is allowed to force the rest of the people to give him the bay’ah because it is a bay’ah of obedience which is obliged by the Shar’a. It is not correct to say that it is illegal to use compulsion, because the bay’ah in this case is not the contracting bay’ah for the Khilafah. Accordingly, the bay’ah initially is a contract which is not legal except by consent and choice. But after the contract bay’ah is given to the Khalifah the bay’ah becomes obedience to his order, and compulsion comes from the fact that it is allowed to implement the order of Allah (swt). Since the Khilafah is a contract, then there must be a contractor for the contract to be considered legal, like in the judiciary where the person cannot be a judge unless he is appointed in this office by somebody else, and in the imarah nobody can be an Amir (leader) unless there is a person who appoints him in this office. Similarly in the Khilafah, no person can be a Khalifah unless he is appointed in this post as a Khilafah.

因此,显而易见,除非穆斯林任命某人担任此职,否则任何人都不能成为哈里发;除非与他订立哈里发契约,否则他也不能拥有哈里发的权力。这一契约只能由两方来完成:第一方是请求哈里发职位的人,第二方是接受他作为其哈里发的穆斯林。因此,穆斯林的效忠宣誓(bay'ah)是完成哈里发契约所必不可少的。据此,如果有人以武力篡夺权力,即使他宣布自己为穆斯林的哈里发,他也不会成为哈里发,因为穆斯林并没有与他订立哈里发契约。如果他以武力从穆斯林那里获得效忠宣誓,那么这种以武力取得的效忠宣誓并不被视为使他成为哈里发,因为以武力取得的效忠宣誓是非法的。哈里发契约也不能由此而成立,因为它是一种建立在自愿与选择(Rada wa ikhtiyar)基础上的契约,不能以武力达成,而只能通过出于自愿与选择的效忠宣誓而成立。然而,如果这位篡权者(mutasallit)成功地使民众相信,给予他效忠宣誓符合他们的利益,并且执行伊斯兰教法要求民众向他效忠宣誓,民众被说服并接受了这一点,并出于自愿与选择而向他效忠宣誓,那么他在获得出于自愿与选择的效忠宣誓的那一刻起就成为哈里发,尽管他最初是以武力掌握权力的。因此,条件是效忠宣誓必须出于自愿与选择而发生,无论获得效忠宣誓的人是否已是统治者。

Thereupon, it is clear that nobody becomes a Khalifah unless the Muslims appoint him in this post, and he cannot have the authority of the Khilafah unless he is contracted to it. And this contract can only be implemented by two parties - the first is the one who asks for the Khilafah and the second is the Muslims who accepted him as their Khalifah. Therefore, the bay’ah of Muslims is essential to fulfill the Khilafah contract. Accordingly, if someone usurped power by force he will not become a Khalifah even if he declared himself a Khalifah for Muslims, because the contract of Khilafah has not been convened to him by the Muslims. And if he took the bay’ah from the Muslims by force, he is not considered a Khalifah by such bay’ah, because the bay’ah by force is illegal. And the Khilafah cannot be convened by it, since it is a contract of consent and choice (Rada wa ikhtiyar) which cannot be accomplished by force, but is convened by a bay’ah of consent and choice. However, if this usurper (mutasallit) managed to convince the people that it is in their interest to give him the bay’ah, and that the implementation of the Shari’ah laws requires from the people to give him the bay’ah and were convinced of that and accepted it, and they gave him the bay’ah by consent and choice, then he becomes a Khalifah the moment he was given the bay’ah by consent and choice, although he initially held the power by force. So it is a condition that the bay’ah must occur by consent and choice whether the person who obtained the bay’ah was the ruler or not.

至于建立哈里发制度时的效忠誓约（bay'ah）应由哪些人作出，这可以通过考察诸位正统哈里发的效忠誓约，以及圣门弟子（ra）所达成的共识而推导出来。在艾布·伯克尔（ra）的效忠誓约中，仅由麦地那穆斯林中具有影响力的人（ahl al-hal wal 'aqd）作出即已足够；没有征询麦加及阿拉伯半岛其他地区穆斯林的意见，甚至没有询问他们。'Umar（ra）的效忠誓约也是如此。至于'Uthman（ra）的效忠誓约，'Abdurrahman bin 'Auf（ra）征询了麦地那穆斯林的意见，并没有像艾布·伯克尔（ra）提名'Umar（ra）时那样，把征询局限于具有影响力的人。到'Ali（ra）的时代，则以麦地那和库法大多数人的效忠誓约为足够，他也因此而被确立为哈里发。即使是那些不同意他并与他作战的人，也认为他的效忠誓约是合法的，因为他们并未向他之外的任何人效忠，也没有反对他的效忠誓约。相反，他们要求为'Uthman（ra）的血讨还公道，因此他们被视为对哈里发的某项行为提出复仇要求的叛乱者，哈里发必须向他们解释并与他们作战，但他们并没有另立哈里发。

As for the people by whose bay’ah the Khilafah is established this can be derived by examining what happened in the bay’ah of the Khulafaa ar-Rashidun and what the Sahabah (ra) agreed upon. In the bay’ah of Abu Bakr (ra) it was sufficient from the ahl al-hal wal ‘aqd (the people of influence) among Muslims in Madinah alone; the opinion of Muslims in Mecca and the rest of the Arabian Peninsula were not sought, they were not even asked. It was the same case in the bay’ah of ‘Umar (ra). As for the bay’ah of ‘Uthman (ra), ‘Abdurrahman bin ‘Auf (ra) took the opinion of the Muslims in Madinah and did not confine it to the people of influence as Abu Bakr (ra) did when he nominated ‘Umar (ra). At the time of ‘Ali (ra) it was sufficed with the bay’ah of the majority of the people of Madinah and Kufa, and he was singled by the bay’ah. His bay’ah was considered legal even by those who disagreed with him and fought against him, as they did not make bay’ah with anyone other than him, and neither did they object to his bay’ah. Rather they demanded revenge for the blood of ‘Uthman (ra), so their case was considered as rebels who avenged a matter from the Khalifah and he had to explain it to them and fight them, but they did not form another Khilafah.

这一切都发生了，即仅由首都的民众向哈里发宣誓效忠，而其余地区不参与，且在众位圣门弟子（愿真主喜悦他们）在场的情况下，他们中没有一人表示反对或否认这种将效忠限定于麦地那大多数民众的做法。尽管他们对所选定的哈里发人选存在分歧，并且否认他的某些行为，但他们并未否认这次效忠仅由麦地那大多数民众作出。因此，这便是圣门弟子的公议：哈里发由那些代表穆斯林在治理事务上意见的人来确立。之所以如此，是因为当时有影响力的人士和麦地那的大多数居民，代表了伊斯兰国所有领土范围内大多数穆斯林在治理事务上的意见。

All this happened i.e. giving the bay’ah to the Khalifah from the people of the capital only without the rest of the regions, in the presence of the Sahabah (ra), and none of them disagreed or denied that action of limiting the bay’ah to the majority of the people of Madinah, though they disagreed on the person selected as the Khalifah and denied some of his actions, yet they did not deny that the bay’ah was made to him only by the majority of the people of Madinah. So this was Ijma’a of the Sahabah that the Khilafah is established by those who represent the opinions of the Muslims in the matter of ruling. This is so because the people of influence and the majority of the residents of Madinah represented the opinion of the majority of the Ummah in the matter of ruling in all the territories of the Islamic State at that time.

因此,若由伊斯兰乌玛的代表中的多数人作出宣誓效忠(bay'ah),则哈里发国(Khilafah)得以确立;这些代表须处于正被另一人取代的哈里发的权威之下,正如在Khulafaa ar-Rashidun(四大哈里发)时期的情形那样。他们的宣誓效忠即是对哈里发国的契约性效忠。至于其他人的宣誓效忠,则在哈里发国确立之后成为对哈里发的服从性效忠,即向哈里发表示顺服的效忠,而不是为确立哈里发国而作出的契约性效忠。

Accordingly, the Khilafah is convened if the bay’ah is made by the majority of those who represent the Islamic Ummah, who are under the authority of the Khalifah who is being replaced by another, as was the case at the time of the Khulafaa ar-Rashidun. Their bay’ah would then be a bay’ah of contract to the Khilafah. As for the bay’ah of the other people, it becomes a bay’ah of obedience after the Khilafah is convened to the Khalifah which is a bay’ah of submission to the Khalifah, not a bay’ah of contract to establish the Khilafah.

如果存在一位哈里发去世或被罢黜，就需要在他之后设立一位哈里发，情况便是如此。但如果根本没有哈里发，那么穆斯林就有义务为自己选立一位哈里发，以实施伊斯兰教法，并向全世界传播伊斯兰的呼吁。自从1343年回历（公元1924年）伊斯坦布尔的伊斯兰哈里发制度被废除至今，情况一直如此，那么伊斯兰世界中的每个国家都有资格选举一位哈里发，从而建立哈里发制度。因此，如果伊斯兰世界中的某一个国家任命了一位哈里发，并且为他确立了哈里发制度，那么穆斯林就有义务向他宣誓效忠，即顺服的效忠誓约（bay'ah）。这要在其国内人民的效忠誓约使哈里发职位得以确立之后进行。无论该国是埃及、土耳其和印度尼西亚那样的大国，还是阿尔巴尼亚、喀麦隆和黎巴嫩那样的小国，均是如此，但条件是该国须满足四项标准。

This would be the case if there was a Khalifah who died or was deposed and it is required to establish a Khalifah in his place. But if there is no Khalifah at all, then it becomes obligatory upon Muslims to appoint for themselves a Khalifah to implement the Shari’ah laws and convey the Islamic call to the world, as is the case since the removal of the Islamic Khilafah in Istanbul in 1343 after Hijrah (1924 Christian Era) until the present day, then every country in the Islamic world is eligible to elect a Khalifah and thereby establish a Khilafah. So if one country of the Islamic world appointed a Khalifah, and the Khilafah was established for him, it becomes obligatory upon Muslims to make a pledge of obedience to him i.e. a bay’ah of submission, after the Khilafah was convened to him by the bay’ah of the people in his country, whether this country was big like Egypt, Turkey and Indonesia or small like Albania, Cameroon and Lebanon, on condition that the country fulfils four criteria:

该国的统治权威必须仅由穆斯林自主决定，而不依赖任何异教国家或异教势力的影响。

1. The authority in that country must be self-determined depending on Muslims only, not on any disbeliever state or disbeliever influence.

2. 该国穆斯林的安全必须依靠伊斯兰的安全，而非依靠孛道（Kufr）的安全；即国家在内外的保卫，必须以伊斯兰的方式，由穆斯林的力量来实现，作为一个纯粹伊斯兰的权力所承担。

2. The security of Muslims in that country must be through the security of Islam and not the security of Kufr i.e. the protection of the country internally and externally must be Islamic from the power of Muslims in its capacity as a purely Islamic power.

3. 国家必须立即全面、彻底地实施伊斯兰教，并致力于传播伊斯兰的召唤。

3. The country must commence immediate implementation of Islam comprehensively and radically and also engage in delivering the Islamic call.

4. 当选的哈里发应当满足哈里发职位契约的条件，即使他缺少那些可取的条件，因为重要的是契约的条件。

4. The elected Khalifah should fulfill the conditions of the Khilafah contract even if he is lacking the preferable conditions, because what matters are the contract conditions.

因此,如果该国已满足这四个条件,那么哈里发国仅凭该国的宣誓效忠(bay'ah)即已建立,也仅凭该国召集完成,即便该国并不代表代表伊斯兰乌玛的大多数有影响力人士。这是因为建立哈里发国是集体义务,谁以正确的方式履行这一义务,谁就完成了规定的责任。另外,关于有影响力人士多数这一条件,适用于此前已有哈里发、需要在死亡或被罢黜的哈里发之后另立哈里发的情形。然而,如果根本不存在哈里发,而建立哈里发又是必要的,那么依照伊斯兰教法建立哈里发之后,任何满足契约条件的哈里发都将合法地召集哈里发国,无论选举他的人数多少,因为此时的问题就成了完成穆斯林已疏忽超过三天的一项义务。他们对这一义务的疏忽,即意味着他们选择自己所中意的哈里发的权利已经终止。

Therefore, if that country has fulfilled these four conditions, then the Khilafah has been established by the bay’ah of that country alone and it was convened with it alone as well, even if this country does not represent the majority of the influential people who represent the Islamic Ummah. This is so because establishing the Khilafah is a collective duty, and whoever performs this duty in the correct manner would accomplish the prescribed duty. And because the condition concerning the majority of the influential people applies if there was a Khilafah and there was a need to appoint another Khalifah in place of the dead or deposed one. However if there was no Khilafah at all and the establishment of one is necessary, then by its establishment in accordance with Shari’ah the Khilafah will be convened legally by any Khalifah who satisfies the conditions of the contract regardless of the number of the people who elected him, as the matter would be then a question of fulfilling a duty neglected by the Muslims for more than three days. Their negligence to this duty is a termination of their right to choose whom they want for a Khalifah.

如果有人起来承担这项责任,那么由他们建立哈里发国便已足够。哈里发国在某个国家建立起来并拥立了哈里发之后,所有穆斯林便有责任聚集在其旗帜之下,并向哈里发效忠宣誓(bay’ah),否则他们在安拉(SWT)面前就是有罪的。当选的哈里发必须邀请他们向其效忠宣誓,若有人拒绝,便被视为叛逆者,哈里发必须与之作战,直至其服从他的统治。如果在第一位哈里发之后,在同一国家或另一国家又选出了第二位哈里发,而第一位哈里发是依照前述四项条件合法地被拥立为哈里发的,那么穆斯林必须与第二位哈里发作战,直至他向第一位哈里发效忠宣誓。关于此事的证据是阿卜杜拉·本·阿穆尔·本·阿斯所传述的圣训:他听到先知ﷺ说……

So if there arise some people who perform this duty, it suffices for the Khilafah to be established by them, and once the Khilafah is established in that country and contracted to a Khalifah it becomes a duty upon all the Muslims to rally under its banner and to give bay’ah to the Khalifah, otherwise they will be sinful before Allah (swt). The elected Khalifah must invite them to give him bay’ah and if they refused they will be considered as rebels whom the Khalifah must fight until they submit to his authority. If another Khalifah in the same or a different country is elected after the first Khalifah who had the Khilafah convened to him legally by satisfying the four aforementioned conditions, then the Muslims must fight the second Khalifah until he makes bay’ah to the first one. The evidence on this matter is what ‘Abdullah bin ‘Amr bin al-‘Aas narrated, that he heard the Prophet (saw) saying:

而且,因为穆斯林的哈里发是将穆斯林团结在伊斯兰旗帜之下的人。因此,若哈里发被任命,穆斯林的集体(jama'h)便得以形成,穆斯林便有义务加入这一集体,而与之脱离则为哈兰。伊本·阿拔斯(愿安拉喜悦他)传述:先知ﷺ说:

And also because the Khalifah of the Muslims is the one who unites the Muslims under the banner of Islam. So if the Khalifah is appointed, the Muslim community (jama’h) would be formed and it becomes obligatory upon Muslims to join this community and haram upon them to dissociate themselves from it. Ibn ‘Abbas (ra) reported that the Prophet (saw) said:

穆斯林圣训实录集（Muslim）载，伊本·阿拔斯传述：先知ﷺ说：

Muslim reported from ibn ‘Abbas from the Prophet (saw) who said:

这两段圣训的指示是：要坚守穆斯林共同体，并遵从伊斯兰的权威。

The indication from these two ahadith is to adhere to the Muslim community and to the authority of Islam.

非穆斯林在效忠宣誓（bay'ah）中没有权利，效忠宣誓也不对他们具有约束力，因为这是对伊斯兰、对安拉的经典和对安拉的使者ﷺ的圣训（Sunnah）的效忠，它要求信仰伊斯兰、《古兰经》和圣训。非穆斯林不得参与统治者的治理或选举，因为他们对穆斯林没有权威，在效忠宣誓中也没有位置。

Non-Muslims have no right in the bay’ah, and it is not obligatory upon them because it is a bay’ah on Islam and on the Book of Allah (swt) and the Sunnah of the Messenger of Allah (saw) and it requires belief in Islam, the Qura'n and the Sunnah. Non-Muslims are not allowed to be involved in ruling or electing the ruler because they have no authority over Muslims and have no place in the bay’ah.