KHILAFAH ISLAMIYAH WILL BE GLOBAL - "THE GLOBAL CALL"

The coming of the Mahdi is one of the major signs of Judgement Day. Unlike the minor signs his appearance will signal that the Final Hour is near and that believers must ensure that they are ready to endure its trials and tribulations (fitan).

The Mahdi will come at a time when Muslims will have become disunited and where tyranny and corruption will have prevailed.The situation will be so bad that a person would wish he was not born or that if someone died he would wish that it was him.

The story of al-Mahdi, as recounted in the sunnah, is a story of hope where the struggle between Haqq and Baatil results in the believers gaining victory over the disbelievers, where the earth is filled with peace and justice due to the just rule of al-Mahdi. It is narrated by Abu Said al-Khudri (ra) that the Messenger of Allah صلى الله عليه وسلم said:

"At the end of the time of my ummah,the Mahdi will appear. Allah will grant him rain, the earth will bring forth its fruits, he will give a lot of money, cattle will increase and the ummah will become great." (Reported by al-Haakim in his Mustadrak, 4/557-558).

The story of mahdi is one that encourages the believers to work for the unity of Muslims and the justice of Islam via the establishment of the Khilafah and the application of the Shariah as the believer knows that one day the whole world will be enlightened by the light of Islam and falsehood shall vanish. But until that day comes he must take encouragement from the bashaarat (glad tidings) of the Messenger صلى الله عليه وسلم and strive and work for Islam following the Sunnah of the Messenger صلى الله عليه وسلم.

So it is sad to hear sometimes that some find in the story of Mahdi an excuse and justification for inaction, taking the fatalistic view that we as an Ummah cannot, and even should not, do anything about the corrupt situation until the Mahdi appears at the end of time and establishes the Khilafah. Clearly, this is not the message the Companions (may Allah be pleased with them) took when they heard the story directly from the lips of the Messenger صلى الله عليه وسلم. They heard this story and they took its lessons and they worked tirelessly, first in Makkah in order to establish dar al-Islam and then after its establishment in Madinah to consolidate and extend the influence of the Islamic state. After the death of al-Mustafa صلى الله عليه وسلم the Sahabah appointed Khulafah who extended the authority of Islam even further until the light of Islam had spread to a large part of the world. So how can it be that the coming of the Mahdi has become an excuse for the resignation to the corrupt reality? Indeed, if we analyse the authentic reports about the coming of Mahdi from both a prophetic and legal point of view we can conclude the following:

The Khilafah will not be established by the Mahdi but he will be a Khaleefah coming after the death of the Khaleefah before him. In other words the Khilafah will have been established by the Muslims before the coming of the Mahdi. This can clearly be seen in the hadith narrated by Umm Salamah (ra) that the Messenger of Allah صلى الله عليه وسلم said:

"Disagreement will occur at the death of a caliph and a man of the people of Medina will come flying forth to Mecca. Some of the people of Mecca will come to him, bring him out against his will and give bay'ah to him between the Rukn and the Maqam. An expeditionary force will then be sent against him from Syria but will be swallowed up in the desert between Mecca and Medina. When the people see that, the God fearing people of Syria and the best people of Iraq will come to him and swear allegiance to him between the Corner and the Maqam. Then there will arise a man of Quraysh whose maternal uncles belong to Kalb and send against them an expeditionary force which will be overcome by them, and that is the expedition of Kalb. Disappointed will be the one who does not receive the booty of Kalb. He will divide the property, and will govern the people by the Sunnah of their Prophet (peace be upon him) and establish Islam on Earth. He will remain seven years..." (Reported by at-Tabarani in al-Awsat.According to Ibn Hajar in his Majma' az-Zawaid the transmitters in at-Tabarani's narration are sound and authentic.)

Notice the above hadith states that disputes will take place at the death of the Khaleefah and consequently a man will come forth who after being given bay'ah as the khaleefah will declare himself to be the Mahdi. So clearly Mahdi will not establish the Khilafah Rashidah that will return as foretold in the ahadith, and as well he will not be the first Khaleefah after the destruction of the Khilafah and nor will he be the last Khaleefah. Rather, he will be a just Khaleefah who will establish the justice of Islam on earth. This is from the perspective of the account of the story as prophesised by the Prophet صلى الله عليه وسلم.

From a shar'i or legal perspective the hadith which detail the emergence of the Mahdi do not establish any Shariah rules for the reality of Muslims of today, as they relate to a different situation when the Khilafah exists. A Hukm Shar'i or divine rule comes for a manaat (reality to which the hukm pertains) which requires a ruling, which is our current reality and not the end of time which will be signalled by the major signs of the day of judgment.

A hukm shar'i essentially is a request to do an action or refrain from it whether by way of obligation (wujoob), prohibition (tahreem), encouragement (nadb) or discouragement (karaaha). Although the hadiths about the Mahdi do not request the obligation to establish the Khilafah, as they are largely ikhbari (informative) in nature and as the Khilafah will already exist when the Mahdi comes (which is why we say this reality is inapplicable), but they certainly do NOT say it is not obligatory to work for a Khilafah when it does not exist.

Indeed the Shariah rules established at the time of the Prophet صلى الله عليه وسلم are applicable till the end of time as long as they pertain to the reality for which they came. So not only must the Muslims abide by them, so must the Mahdi and so did ‘Isa عليه السلام who came not as a Prophet but as a follower of the Shariah of Muhammad صلى الله عليه وسلم. So if the coming of a great Prophet like Isa عليه السلام, after the prophethood of Muhammad صلى الله عليه وسلم, cannot suspend the rules of the Shariah, how can the coming of the Mahdi suspend them?

As for the hukm shar'i on what to do when the Khilafah does not exist, as we see in our situation today, we need to refer to the following hadith of the Messenger صلى الله عليه وسلم as it addressed that very manaat (reality):

"Whosoever dies without a bay'ah on his neck dies the death of Jahiliyyah." (Reported by Muslim in his Sahih).

This hadith clarifies by its implied meaning (mafhum) that it is not permitted for a Muslim to live without the presence of a Khaleefah as it censures the one who dies without his presence. Consequently, it becomes obligatory on the Muslim to work for the presence of a Khaleefah who will rule justly and work to remove, through only da'wah and political struggle, the Ruwaibidah that are our current despicable rulers. This is our reality today and the work to establish the Khilafah is the vital issue that the Muslims cannot neglect.

Whilst the coming of the Mahdi is an important subject in the books of hadith, it is almost as though some have taken the subject as a "get-out" clause to not work for the return of the Khilafah and the giving of bayah to the next Khaleefah. As though the mere mention of Khilafah in the time of Mahdi in some way excuses Muslims from their obligation of removing the corrupt regimes of today. Yes, there will be a Khilafah again inshAllah, but will we all be of the ummah that lived in darkness and did nothing to change that situation? And wait for Allah سبحانه وتعالى to bring a people that loved him and He سبحانه وتعالى loved.

يَا أَيُّهَا الَّذِينَ آمَنُواْ مَن يَرْتَدَّ مِنكُمْ عَن دِينِهِ فَسَوْفَ يَأْتِي اللّهُ بِقَوْمٍ يُحِبُّهُمْ وَيُحِبُّونَهُ أَذِلَّةٍ عَلَى الْمُؤْمِنِينَ أَعِزَّةٍ عَلَى الْكَافِرِينَ يُجَاهِدُونَ فِي سَبِيلِ اللّهِ وَلاَ يَخَافُونَ لَوْمَةَ لآئِمٍ ذَلِكَ فَضْلُ اللّهِ يُؤْتِيهِ مَن يَشَاء وَاللّهُ وَاسِعٌ عَلِيمٌ

"O you who believe! If you ever abandon your faith, Allah will in time bring forth (instead of you) people whom he loves and who love Him - humble towards the believers, strong towards all who deny truth: [people] who strive hard in Allah's cause, and do not fear to be censured by anyone who might censure them." [Al-Maaida, 5:54]

[Kamal Abu Zahra, Khilafah dot com]

This photograph shows the inside of Masjid an-Nabawi in Medina where the Muslims gathered for every one of the Khulufaa' Rashida to give them Bay'ah (pledge of allegiance). Every Khaleefah from the first - Abu Bakr Siddiq (ra) to the last - Abdul-Mejid II was appointed to office through the Bay'ah, although in latter times the process was misapplied.

This article will refute the claim that Islam provides no detailed guidance on a governing system by illustrating the process for appointing the head of an Islamic State - Khaleefah. It will show that the Messenger of Allah (saw) far from neglecting this important aspect of the governing system, in fact detailed a precise methodology for appointing a successor (Khaleefah) for the Muslim Ummah.

Download the full book here (PDF)

INTRODUCTION

In 1925, one year after the Khilafah was formally abolished, an Egyptian scholar named Ali Abd al-Raziq waged a campaign to separate the concept of Khilafah from Islam. Although opposition to the Khilafah by some influentials in the Muslim world was nothing new, Ali Abd al-Raziq was unique in that he attempted to justify his position by recourse to the Islamic texts.¹

His book ‘Islam and the Foundations of Governance,' caused huge controversy at the time since it opposed 1300 years of scholarly consensus on the Khilafah being an integral and inseparable part of Islam.

Ali Abd al-Raziq states:

God has left the field of civil government and worldly interests for the exercise of human reason. It is not even necessary that the Ummah be politically united, this is virtually impossible and even if possible would it be good? God has willed that there be a natural differentiation between tribes and peoples - there should be competition in order that civilisation should be perfected. Islam recognises no superiority inside the Ummah of one nation, language, country or age over another except for the superiority conferred by virtue. The primitive community of Islam was only Arab by accident... The proof that it was no part of his mission to establish an Islamic State is that he made no provision for the permanent government of the community after his death... The first Caliph, Abu Bakr, was invested with what was essentially a political and royal power based on force.²

His ‘proof' as stated above claims that the Messenger of Allah (saw) provided no guidance (hiddiyah) to the Muslims on what form of ruling system they should establish upon his death.

Some Western orientalists also made this claim that the Messenger of Allah (saw) provided no detailed process for choosing a new political leader.

Thomas Arnold states:

The Prophet Muhammed nominated no successor. It would be idle to speculate why with his genius for organization he neglected to make such provision for the future of the new religious community he had founded. His health had been failing for some time before his final illness, and perhaps, like Oliver Cromwell, he was ‘so discomposed in body and mind, that he could not attend to that matter.'³

Due to the controversy surrounding his book, Ali Abd al-Raziq passed the remainder of his life in obscurity having no major influence on Muslim opinion.

However, the legacy of Ali Abd al-Raziq lives on where a minority of Muslim ‘modernists' who with the support of the West have begun to revive this argument that Islam and the State are separate, i.e. advocating ‘Islamic' secularism.

The influential American Think Tank RAND explicitly endorses this view. As part of their policy towards the Muslim world they state that Western states should:

Support the idea that religion and the state can be separate in Islam too and that this does not endanger the faith but, in fact, may strengthen it.⁴

This article will refute the claim that Islam provides no detailed guidance on a governing system by illustrating the process for appointing the head of an Islamic State - Khaleefah. It will show that the Messenger of Allah (saw) far from neglecting this important aspect of the governing system, in fact detailed a precise methodology for appointing a successor (Khaleefah) for the Muslim Ummah.

1 AUTHORITY OF THE KHALEEFAH

One of the principles of the Islamic ruling system is that ‘authority belongs to the Ummah'.¹ It is the Muslim Ummah that Allah (swt) has made responsible for implementing the Islamic Shari'ah and spreading it to the entire world. The Muslim Ummah discharges this responsibility by appointing a representative who will implement, protect and propagate Islam. This representative is the Khaleefah.

This responsibility does not end with the appointment of the Khaleefah rather the Ummah must continue to account the Khaleefah and his government continuously to ensure there is no deviation from Islam.

Since the authority lies with the Muslims they have the choice to appoint whoever they deem best fit to undertake the responsibility of Khilafah.

Islam detailed a very specific method for transferring this authority from the Ummah to the Khaleefah. This method is known as the contract of Bay'ah (Pledge of allegiance).

2 EVIDENCE FOR THE BAY'AH

‘Ubadah Ibn us-Samit said: ‘We gave Bay'ah to the Messenger of Allah (saw) to hear and to obey in ease and hardship.'²

Jarir Ibn ‘Abdullah, said: ‘I gave Bay'ah to the Messenger of Allah (saw) to listen and obey and give advice to every Muslim.'³

The Messenger of Allah (saw) said: ‘Three types of people which Allah will not speak to (on the Day of Judgement), nor will He praise them and they have severe punishment are: A man with surplus water on the road but he bans the traveller from it; a man who gives a Bay'ah to an Imam only for his own dunya, if he gave what he wanted him, he fulfilled to him otherwise he would not; and a man offered a commodity for sale after asr, (i.e. from at the end of the day) so he swore that he was given so and so price for it, so he (the buyer) trusted him and took it, but he was not given (that price) for it.'⁴

Without Bay'ah the Khaleefah has no authority to rule. He cannot assume his authority through coercion and force as a dictator does. If he did this and the Ummah refused to give him Bay'ah then he would not be the Khaleefah and the Ummah would be obliged to remove him.

As for the evidence that the Khaleefah only takes his authority by this Bay'ah, this is clear in the Ahadith concerning obedience and the Ahadith regarding the unity of the Khilafah.

The Messenger of Allah (saw) said: ‘Whoever gave Bay'ah to an Imam giving him the clasp of his hand and the fruit of his heart shall obey him as long as he can. If another comes to dispute with him, you must strike the neck of that man.'⁵

Naf'i said ‘Abdullah Ibn ‘Umar told me: I heard the Messenger of Allah (saw) say: ‘Whoever takes off his hand from an obedience, he will meet Allah on the Resurrection Day without having any proof to show for himself; and whoever dies while having no Bay'ah on his neck he dies the death of the days of ignorance (Jahiliyyah).'⁶

The Messenger of Allah (saw) said: ‘If anyone sees in his Ameer something that displeases him let him remain patient, for behold! He who separates himself from the Sultan (authority of Islam) by even so much as a hand span and dies thereupon, he has died the death of Jahiliyyah.'⁷

3 OBLIGATION OF THE BAY'AH

The Bay'ah can be split into two types.

1. Bay'ah of Contract (Bay'ah In'iqaad)
2. Bay'ah of Obedience (Bay'ah Taa'ah)
   

The Bay'ah of Contract (Bay'ah In'iqaad) is Fard Al-Kifiyya (collective obligation). It is the right of all Muslims to participate in contracting the Khaleefah. However, it is not obligatory for them to practice this right as long as some from among the Ummah are engaged in contracting the Khaleefah and hence the kifiyya is met. Usually those involved in contracting of the Bay'ah are a representative group known as the Ahlul Hall Wal Aqd (influential Muslims) who represents the opinion of the Muslims at large.

After the Messenger of Allah's (saw) death, only some of the senior sahaba met to contract the Bay'ah to a new Khaleefah. These included Abu Bakr (ra), Umar bin al-Khattab (ra) and Abu Ubaydah bin al-Jarrah (ra) from the muhajiroon. Abu Bakr (ra) and Umar (ra) were the wazirs (ruling assistants) to the Messenger of Allah (saw) whilst he was alive. The leaders of the tribes of Ansar - Al-Khazraj and Al-Aws were also present. These included Sa'd bin Ubadah (ra), and Bashir ibn Sa'd (ra), leaders of Al-Khazraj and Usaid ibn Hudhayr (ra), leader of Al-Aws.²

Once the Bay'ah is contracted to the Khaleefah then the Muslims must fulfil their side of the contract which is obedience to the Khaleefah. The Bay'ah then becomes a Bay'ah of obedience for the rest of the Muslims. This is Fard Al-‘Ayn (individual obligation). After the contracting of the Bay'ah to Abu Bakr (ra) the Muslims of Medina were gathered in the Masjid the next day to give him the Bay'ah of obedience.

The evidence that this obedience is fard is taken from the hadith.

Messenger of Allah (saw) said: ‘If anyone sees in his Ameer (Ameerihi) something that displeases him let him remain patient: For behold! He who separates himself from the Sultan (authority) by even so much as a hand span and dies thereupon, he has died the death of Jahiliyyah.'³

The phrase Ameerihi is general in this Hadith, so it includes the Khaleefah because he is the Ameer of the believers.⁴

It is not allowed to withdraw the Bay'ah of obedience to the Khaleefah, and the Khaleefah has the right to force the Muslims to give him Bay'ah of obedience.

A Bedouin gave his Bay'ah of Islam to the Messenger of Allah (saw). Soon after he felt a malaise, so he said to the Messenger of Allah (saw) ‘Would you relieve me of my Bay'ah!' The Messenger of Allah (saw) refused; he then came back and said, ‘Relieve me of my Bay'ah!' He (saw) refused, so the man left. Upon this the Messenger of Allah (saw) said: ‘Al-Madina is like the bellows, she banishes her bad odours and manifests her sweet scent.'⁵

This proves that once the Bay'ah of obedience is given it cannot be withdrawn. It would be wrong to claim that the Bedouin wanted to leave Islam by seeking relief from his Bay'ah rather than the obedience to the Head of State. This is because if this had been the case, his act would have been considered as apostasy, and the Messenger of Allah (saw) would most certainly have killed him, since the punishment for the apostate is killing. The Bay'ah itself is not a Bay'ah for embracing Islam but for obedience. Therefore, the Bedouin wanted to rid himself from his Bay'ah of obedience, not to apostasise.⁶

4 TIME LIMIT FOR CONTRACTING THE BAY'AH

5 WHO CONTRACTS THE BAY'AH?

From reviewing what took place in the Bay'ah of the Khulafaa' Ar-Rashidoon and the consensus of the sahabah (Ijmaa'), one can conclude that the Khilafah is contracted by the Bay'ah. However, if we look to the contracting of the Bay'ah for each of the Khulafaa' Ar-Rashidoon we find different groups of people contracted the Bay'ah.

In the Bay'ah to Abu Bakr, the Bay'ah from the influential figures amongst the Muslims, (Ahlul Hall Wal ‘Aqd) in Madina alone was enough to contract the Khilafah as discussed previously. The Muslims of Makkah were not consulted, nor were those living in other parts of the Arabian Peninsula, indeed they were not even asked about their opinion concerning the matter. This was also the case in the Bay'ah to ‘Umar.

With regards the Bay'ah to ‘Uthman (ra), ‘Abdul Rahman Ibn ‘Awf (ra) asked the Muslims of Madina regarding their opinion and he did not merely content himself by asking the influential people. When the Oath was taken for ‘Ali (ra), most of the people of Madina and Kufa gave him their Bay'ah, and he was singled out in the Bay'ah.

Imam Ali's (ra) Bay'ah was valid even for those who opposed him and fought against him because they never actually gave their Bay'ah to another man nor did they object to his Bay'ah. They rather demanded revenge for the blood of ‘Uthman (for his killing). So the verdict regarding them was that they were rebels who withdrew from the Khaleefah over one particular issue. In this instance the Khaleefah had to explain the situation to them and fight against them. These rebels did not establish another Khilafah.

All of this occurred in the past - the Bay'ah for the Khaleefah by the people of the capital to the exclusion of the other regions - in the presence of the sahabah. Nobody objected to or condemned that such an action be confined to the people of Madina. This is considered to be a general consensus of the sahabah (Ijmaa') that states that ‘those who represent the Muslims' opinion in matters relating to ruling can contract the Khilafah.'¹

This is simply because the influential people and the majority of the people of Madina, were the majority of those who represented the opinion of the Ummah regarding the ruling matters at the time.

Therefore, the Khilafah is contracted if the Bay'ah was taken from those who represent the majority of the Islamic Ummah that lives under the authority of the last Khaleefah, in whose place another Khaleefah is sought to be appointed, as was the case at the time of the Khulafaa' Ar-Rashidoon. Their Bay'ah would constitute a Bay'ah of contract, while for the others, once the Khilafah has been contracted, their Bay'ah would be classed as a Bay'ah of obedience, i.e. a Bay'ah of allegiance to the Khaleefah and not a Bay'ah of contract.

The contractual condition of the Bay'ah is that as long as the consent of the Muslim citizens of the Khilafah is achieved in contracting the Bay'ah then the Bay'ah is contracted.

Therefore, the Bay'ah is contracted if a group of people appointed a Khaleefah and in so doing the consent of the Muslims was achieved by any indication. It could also be by the Bay'ah of the majority of the Ahlul Hall Wal ‘Aqd or by themselves being the representatives of the Muslims, or by the silence of the Muslims about the Bay'ah of the Khaleefah whom they had given the Bay'ah to. It could also be by the Muslims rushing to pledge allegiance and obedience on the strength of such a Bay'ah, or by any other means or indications so long as they had been fully enabled to voice their opinion. The Shari'ah verdict does not contain any provisions maintaining that such an indication must be arrived at through the Ahlul Hall Wal'Aqd or that they should constitute five or 500 people or more or less, nor that they need be the inhabitants of the capital or the provinces. The Shari'ah rule merely states that with their Bay'ah the consent of the majority of the Muslims is achieved according to any indication that reflects such consent. This means that the right to vote has been guaranteed, and their ability to voice an opinion has not been curtailed.²

6 THE BAY'AH CONTRACT

The relationships of ruling are no different. They are governed by three specific contracts of ruling which are:

1. Bay'ah - contract between the Muslims and the Khaleefah

2. Dhimmah - contract between the non-Muslim citizens and the Khaleefah

3. Mu'aahadaat (treaties) - contract between other states and the Khaleefah

The Bay'ah contract is between two parties - the Muslims and the Khaleefah. Details of the Bay'ah contract are as follows.

A. CONTRACTUAL CONDITIONS FOR THE MUSLIMS

1. Mature

2. Muslim

Non-Muslims have no right in the Bay'ah. This is because it is a Bay'ah on Islam, i.e. on the Book of Allah and on the Sunnah of His Messenger (saw). It necessitates Iman (belief) in Islam, in the Book and the Sunnah. The non-Muslims cannot be in ruling positions nor can they elect the ruler, because there is no way (power) for them over the Muslims, and they have no say in the Bay'ah. Allah (swt) says:

"And Allah will never (lan) give the unbelievers any way (of authority) against the believers." ²

B. CONTRACTUAL CONDITIONS FOR THE KHALEEFAH

1. Muslim

The Khaleefah must be Muslim. Allah (swt) says:

"And Allah will never (lan) give the unbelievers any way (of authority) against the believers." ⁵

Ruling is the strongest way for the ruler over the ruled, hence the term lan (never) means the categorical prohibition of the non-Muslim (Kafir) from taking a post of authority over the Muslims, be it the Khilafah or any other post of authority.

2. Male

The Khaleefah must be male.

Abi Bakra said: Allah has given me the privilege of a word which I heard from the Messenger of Allah during the days of Al-Jamal (the camel), when I was about to join the people of Al-Jamal and fight with them: When the Messenger of Allah heard that the people of Persia had appointed the daughter of Chosroes (Kisra), he said: ‘People who appoint (Wallaow) a women as their leader will never succeed.'⁶

If the Messenger of Allah (saw) foretold failure to those who assign the running of their affairs to a woman this indicates a prohibition. This is because it came in the form of reproach to those who give authority over themselves to a woman by negating their success thus indicative of definite prohibition. So the prohibition of appointing a woman to a position of authority came linked with a connotation (Qareenah) that indicates that the prohibition is decisive. Therefore, appointing a woman as a ruler is forbidden (Haram). Appointing a woman to a position of authority in this case means appointing her as Khaleefah or any other post connected directly with ruling. This is because this Hadith is related to the issue of ruling not specific to the appointment of Chosroes's daughter as queen.

However, the Hadith is not general to cover everything but related only to matters regarding ruling and authority, so it does not apply to non- ruling positions such as judges or heads of administrative government departments.⁷

3. Mature

The Khaleefah must be mature i.e. above the age of puberty.

4. Sane

The Khaleefah must be sane and the evidence for this is the same as for being mature.

5. Just

The Khaleefah must be just (‘Adl); it is not allowed for him to be a Fasiq (rebel). Justice is an obligatory foundation for contracting the Khilafah and for its continuity. This is because Allah (swt) has stipulated that the witness must be just. He (swt) says:

"And seek the witness of two just men from amongst you." ¹¹

So if the witness must be just, then the Khaleefah who holds a higher post and rules over the witness himself should, by greater reason, be just. For if justice was stipulated in the witness, its presence in the Khaleefah must exist by greater reason (Bab Awla).¹²

6. Free

The Khaleefah must be free and not a slave, since the slave is under his master's sovereignty, so he cannot run his own affairs, therefore he has no power to run other people's affairs and be a ruler over them.¹³

7. Competent

The Khaleefah must be able and skilled in carrying out the task of the Khilafah. This is an integral part of the Bay'ah contract. One who is unable to do so cannot perform the duty of running the people's affairs by the Book and the Sunnah upon which he took the Bay'ah. The Court of unjust acts (Mahkamat ul-Mazalim) has the mandatory powers to determine the types of inability which the Khaleefah must not suffer of so as to be considered of those capable to carry out the tasks of the Khilafah.¹⁴

C. SUBJECT MATTER OF THE CONTRACT

1. Ruling by Islam

The Khaleefah must agree to rule by Islam. Agreement on ruling by other than Islam would make the Bay'ah contract invalid. The obligation of ruling (Al-Hukm) by Islam is established by many evidences from Qur'an. These include:

"So rule between them by that which Allah has revealed and follow not their desires away from the truth that has come to you." ¹⁵

"Rule between them by that which Allah has revealed and follow not their desires and beware of them lest they seduce you from some part of that which Allah has revealed to you." ¹⁶

"Whosoever does not rule by that which Allah has revealed, such are disbelievers." ¹⁷

2. Obedience

The Muslims must agree to obey the Khaleefah in ease and hardship as long as he implements Islam and doesn't order a sin.

From Junadah bin Abu Umayyah who said: ‘We entered upon Ubadah bin As-Samit when he was ill and said: May Allah improve you. Relate to us a hadith for which Allah will benefit you from what you heard from the Prophet (SAW). He said: The Prophet (SAW) invited us and we gave him a pledge (bay'ah). He said: Among what he took as conditions upon us is that we pledged to hear and obey in what we find pleasing and what we dislike, in our ease and hardship, even if others are preferred over us and that we do not dispute the authority of those who possess it-he said-except if you see open disbelief upon which you have clear proof from Allah.'¹⁸

The Messenger of Allah (saw) said: ‘[There is] no obedience to the created in disobedience to the Creator.'¹⁹

D. CONSENT OF THE MUSLIM CITIZENS MUST BE ACHIEVED

A condition of the Bay'ah is that as long as the consent of the Muslim citizens of the Khilafah is achieved in contracting the Bay'ah then the Bay'ah is valid as discussed previously. Achieving the consent of the Muslim citizens of the Khilafah could be through the Ahlul Hall Wal ‘Aqd, Council of the Ummah (Majlis ul-Ummah) or directly through a general election.²⁰

E. BAY'AH MUST BE GIVEN WITHOUT COMPULSION OR DURESS

Since the Bay'ah is a contract of ruling the Shari'ah law of contract applies to it. This means the Bay'ah must be given freely without any duress or force involved. If a man usurped power and attempted to force the Muslims to give him Bay'ah, the contract would be invalid. However, if the Muslims decided to accept the man as Khaleefah and later give him Bay'ah even though he initially usurped power this Bay'ah would be valid. There are many examples of this in the Islamic history. The most famous example is during the reign of Yazid ibn Mu'awiyah where he took the Bay'ah by force. The Muslims did not accept him as Khaleefah and Imam Hussein (ra) led a revolt against Yazid which eventually led to his martyrdom at Karbala on 10^th Muharram.²¹

The issue of duress also applies to the Khaleefah. The Khaleefah cannot be forced into becoming Khaleefah if he did not want the post.

F. BAY'AH CAN ONLY BE GIVEN TO ONE KHALEEFAH AT A TIME

If a Khaleefah is already appointed then he is the Khaleefah for the entire Muslim Ummah as the definition of Khilafah is a general leadership over all the Muslims. If another man came and attempted to take Bay'ah this contract of Bay'ah would be invalid. Islam defined the crime of making a second Bay'ah contract as an act of treason which carries a capital punishment.

The Messenger of Allah (saw) said: ‘Whoever gave Bay'ah to an Imam giving him the clasp of his hand and the fruit of his heart shall obey him as long as he can. If another comes to dispute with him, you must strike the neck of that man.'²²

G. WORDING OF THE CONTRACT

H. TERM OF OFFICE

In contrast to a democratic system, the term of office of the Khaleefah cannot be limited to a specific time period. As long as the Khaleefah is abiding by the Shari'ah, executing its laws and able to perform the duties of state, he remains in office. This is because the textual evidences concerning the Bay'ah came as indefinite (Mutlaq) and not restricted to any specific period of time.²⁴

Anas b. Malik reported that the Messenger of Allah (saw) said: ‘Do hear and Obey, even if you were ruled by an Abyssinian slave, whose hair is like the raisin.'²⁵

In another narration He (saw) said: ‘As long as he leads you by the Book of Allah.'²⁶

In addition, all the Khulafa'a Ar-Rashidoon were given an indefinite (Mutlaq) Bay'ah which is the one mentioned in the Ahadith. They were not in office for a limited period. Each one of them assumed the post of Khilafah until he died, and this represents a general consensus (ijma) of the sahabah, confirming that the Khilafah does not have a limited term of office but is unrestricted. Thus if a Khaleefah is given a Bay'ah, he remains in office until he dies, resigns or is removed due to violating the Bay'ah conditions by the Mahkamat Mazalim (Court of Unjust Acts).²⁷

Limiting the term of office for the leader is an essential element of accountability in democracy but not for the Khilafah. The Khaleefah can be investigated at anytime by the institutions of state and can be removed from office at anytime if he violates the Bay'ah contract.

I. METHOD OF GIVING BAY'AH

The Bay'ah can be given by a handshake or it can be given in writing.

‘Abdullah Ibnu Dinar said: I witnessed Ibn ‘Umar when people agreed on (the imarah of) ‘Abdul Malik ibn Marwan, he said: ‘I write herewith that I agree to hear and obey the servant of Allah, ‘Abdul Malik, the Ameer of Believers, according to the Book of Allah and the Sunnah of His Messenger, and to the best of my ability.'²⁸

The Bay'ah can also be given by any other means such as formal Bay'ah ceremonies for ordinary Muslims to pledge their allegiance to the new Khaleefah.

J. BINDING THE KHALEEFAH TO EXTRA CONTRACTUAL CONDITIONS

The Bay'ah is a contract and as such it's allowed to add extra conditions to this contract that the Khaleefah must abide by, as long as these extra conditions do not violate the fundamentals of the contract. So it would be haram to impose a four year term of office on the Bay'ah contract due to the discussion above. But it would be allowed to restrict the Khaleefah to certain constitutional processes such as the empowerment of the Majlis ul-Ummah and the judiciary as counterbalances to the executive power of the Khaleefah.²⁹

The evidence for this is derived from ‘Uthman bin Affan's (ra) Bay'ah where he accepted to proceed according to the way of Abu Bakr and ‘Umar in ruling. This is ijma as-sahaba as it happened in the presence of the sahabah without any objection from them. A detailed account of Uthman's (ra) Bay'ah follows to illustrate this point.

Then Abdul-Rahman sought the opinion of the prominent figures in Madina, and asked all the Muslims in Madina one by one, men and women. He left no one without asking him about whom, he or she, would like to be the Khaleefah from amongst that group. A group of them chose Uthman and another group chose Ali. Abdul-Rahman found that opinion was split between Uthman and Ali, and that the Qurayshis sided with Uthman.

Once Abdul-Rahman completed his fact finding mission and consulted all the people, men and women, he summoned the Muslims to the mosque and went up the Minbar (podium) with his sword on and his "Amama" (head-dress) which the Messenger of Allah (saw) gave him: He stood for a long while then spoke:

7 METHOD OF APPOINTING A KHALEEFAH TODAY

A. NO KHILAFAH IN EXISTENCE AND APPOINTING THE FIRST KHALEEFAH.

If there is no Khaleefah then it becomes obligatory upon Muslims to appoint for themselves a Khaleefah to implement the Shari'ah laws and convey the Islamic call to the world. This is the case nowadays. The Muslims have been without a Khaleefah, at the time of writing, for over 83 years even though the time limit for this Fard is three days including their nights. Therefore, if any country in the Islamic world today appoints one Khaleefah and thereby establishes the Khilafah, then this Khaleefah would be a legitimate Khaleefah for all the Muslims even though not all the Muslims contracted him. This is because the obligation of contracting the Bay'ah is Fard Al-Kifiyya and when the Kifiyya (sufficiency) is not met the entire Ummah is sinful until some from among them fulfil the obligation.

In addition to the contractual conditions of the Bay'ah discussed earlier there are four extra conditions that are necessary in today's reality for a country to contract the Bay'ah to a Khaleefah. These are:

1. The authority of the country must be in the hands of the Muslims and not in the hands of a non-Islamic country or under a non-Islamic influence.
   
2. The security of the Muslims in that country must be guaranteed by Islam, i.e. its protection at home and abroad should be in the name of Islam and by Islamic forces to the exclusion of all others.
   
3. The implementation of Islam should take place with immediate effect in a comprehensive and radical manner; the Khaleefah must be involved in the conveying of the Islamic Message.
   
4. The Khaleefah must fulfil all the contractual conditions of his post, although he might not fulfil the conditions of preference, since what really matters are the conditions of the contract.
   

If the country fulfils these four conditions then the Khilafah has been contracted by the Bay'ah of that country alone, even if this country does not represent the majority of the influential people who represent the Islamic Ummah.

This is because establishing the Khilafah is a collective duty (Fard Al-Kifiyya,) and whoever performs this duty (fard) in the correct manner would accomplish the duty. The condition concerning the majority of the influential people need to contract the Bay'ah only applies if there was a Khilafah and there was a need to appoint another Khaleefah in place of the dead or deposed one. However if there is no Khilafah then the Khilafah will be legally convened by any Khaleefah who satisfies the conditions of the contract regardless of the number of people who elected him, since its a matter of fulfilling a duty neglected by the Muslims for more than three days.

So if there arise some people who perform this duty, it suffices for the Khilafah to be established by them. Once the Khilafah is established in that country and contracted to a Khaleefah it becomes a duty upon all Muslims to rally under its banner and to give Bay'ah of Obedience to the Khaleefah, otherwise they would be sinful before Allah (swt).¹

B. CONSTITUTIONAL PROCESS FOR APPOINTING A KHALEEFAH ONCE THE KHILAFAH EXISTS

Upon close examination regarding the method of contracting Bay'ah to the Khulafaa' Rashidoon and specifically the method laid down by Umar bin al-Khattab (ra) we can derive a general process for appointing a Khaleefah today. This process is as follows:

1. A Provisional Leader (Ameer) is appointed to look after the affairs of the Khilafah during the period of appointing a new Khaleefah. His post expires once the new Khilafah is contracted into office.²

If the Khaleefah felt death approaching him he can appoint a Provisional Ameer for looking after the affairs of the Muslims during the period of appointing a new Khaleefah. The Provisional Ameer's main task is carrying out the appointment of the new Khaleefah within three days.

The evidence for this is Umar bin al-Khattab's (ra) appointment of Suhaib (ra) as the Provisional Ameer.

Umar (ra) said to the six nominees to the post of Khilafah: ‘Let Suhaib lead you in the prayer during these three days in which you consult.' Then he said to Suhaib: ‘Lead the people in the prayer these three days, till he said: If five met together and agreed upon one man, and one (of the six) objected, then strike his head with the sword...'³

This indicates that Suhaib (ra) was appointed as an Ameer over them. He was appointed as an Ameer over prayer, which also indicates leadership over the people in this context. Moreover, he gave Suhaib (ra) the authority of executing a punishment (strike his head) which is a task reserved only for an Ameer.

This matter was conducted before a group of the sahabah, without any of them objecting to that. Thus, this constitutes ijmaa' that the Khaleefah is entitled to appoint a Provisional Ameer.

The constitutional process for appointing a Provisional Ameer if the Khaleefah dies or is removed from office is that the eldest Delegated Assistant would be the Ameer. If this Delegated Assistant was a nominee to the post of Khilafah then the next youngest Delegated Assistant would be the Ameer and so on. If necessary it will then proceed through the Executive Assistants in order of maturity.

The Provisional Ameer has no mandatory powers of the Khaleefah so he is not entitled to adopt new legislation. He is also not allowed to be a nominee for the Khilafah post or support any other nominee. This is because Umar (ra) appointed Suhaib (ra) as a Provisional Ameer and Suhaib (ra) was not one of the nominees.

The authority of the Provisional Ameer would expire once the new Khaleefah is appointed, because his task is temporary.⁴

2. Work has to commence day and night throughout the three day limit on contracting the Bay'ah.

Abdul-Rahman ibn Awf (ra) was originally one of the six nominees appointed by Umar (ra). However, he withdrew his nomination and instead undertook the task of consultation with the remaining nominees on who should be Khaleefah. Once the nominees were shortlisted to two people he consulted the wider Muslims of the capital Al-Madina. This work continued day and night in these three days.

Abdul Rahman ibn Awf (ra) said: ‘Who would take himself out of it (the Khilafah) and give it to the best among you?' But no one answered him, so he went on saying: ‘I myself renounce my right to the Khilafah.' Then he started to consult them one by one. He would ask them: ‘Apart from yourself, who do you think is worthy of this authority from among this group?' Their answer was confined to two: Ali and Uthman. Then Abdul-Rahman sought the opinion of the Muslims regarding these two people. He would ask the men and women, and enquire about the opinion of the people. He did not work at day only, but at night as well.⁵

Al-Bukhari reported from Al-Miswar ibn Makhramah, he said: Abdul Rahman knocked at my door after a part of the night passed till I woke up. He said, ‘I see you have been sleeping. By Allah, I did not enjoy much sleep in these three', meaning the three nights.'⁶

From examining the way of appointing the Khulafaa' Rashidoon, it is clear that there was a list of nominees. The evidence of shortlisting firstly from six and then to two is taken from the process laid down by Umar (ra), where he shortlisted the nominees to six and then Abdul-Rahman ibn Awf (ra) to two.

Shortlisting the nominees to two ensures that the winner of the election would get a clear majority (i.e. over 50%) which may not happen if there were more than two nominees. A Khaleefah elected by a decisive majority over 50% solidifies the Bay'ah in the minds of the Muslim electorate.

Abu Bakr's (ra) Bay'ah.

In the hall of Bani Saa'idah (Family of Sa'd ibn Ubadah (ra)) immediately after the death of the Messenger of Allah (saw), the nominees were initially Abu Bakr (ra), Umar (ra), Abu Ubaidah (ra) and Sa'd ibn Ubadah (ra). However, Umar (ra) and Abu Ubaidah (ra) did not consider anybody equal to Abu Bakr (ra), so they did not challenge him. Thus competition was practically limited to Abu Bakr (ra) and Sa'd ibn Ubadah (ra). Then the influential people present in the hall elected Abu Bakr (ra) and gave him the Bay'ah of contract. The next day, Muslims gave Abu Bakr (ra) the Bay'ah of obedience.

Umar's (ra) Bay'ah.

Abu Bakr (ra) consulted the Muslims before his death and found their opinion in favour of Umar (ra). Abu Bakr (ra) then nominated Umar (ra) to the Muslims for Khilafah, without having any other nominee. The Muslims saw no disagreement with this nomination. On Abu Bakr's (ra) death the Muslims gave Umar (ra) the Bay'ah of contract and then the Bay'ah of obedience.

Uthman's (ra) Bay'ah.

Ali's (ra) Bay'ah.

The evidence for this is in the Bay'ah to Uthman (ra).

Abdul-Rahman (ra) said: "Come to me O Uthman!" He took his hand as he stood on the spot where Ali stood earlier and said to him: "Would you give me your Bay'ah according to the Book of Allah and the Sunnah of His Messenger as well as the actions of Abu Bakr and Umar?" Uthman replied, "By Allah yes." Upon this Abdul-Rahman looked up to the roof of the mosque with his hand clutching that of Uthman and said: "O Allah! Hear and witness; O Allah, I have put what was in my neck of that (matter) in the neck of Uthman."

Then people rushed to give their Bay'ah to Uthman until they overwhelmed him. Then Ali came pushing his way through to reach Uthman and gave him his Bay'ah. Thus Bay'ah was concluded to Uthman.¹¹

8 MISAPPLICATION OF THE BAY'AH

Every Khaleefah assumed office through the Bay'ah from the first - Abu Bakr Siddiq (ra) to the last - Abdul-Mejid II. However, the Bay'ah process was misapplied throughout much of the Khilafah's history which was a contributing factor in the decline and eventual destruction of the Islamic State.

Since nominations for the post of Khilafah were restricted to the existing Khaleefah's close family, this prevented other political parties from participating and competing for the Khilafah post. The Khilafah then became dynastical and closely resembled the monarchical form of government which is why many scholars referred to the Khilafah as mulk (Kingship). Despite this the shari'ah was always applied throughout the Khilafah's history and the Khaleefah had no legislative power to rule from his mind as a King does.

It was the Ummayads who first introduced this method of handing over the Khilafah to an heir apparent, who was then given Ba'yah by the people. This transformed the Ba'yah into a mere ceremonial procedure and prevented other political parties from competing and participating in the ruling.

Mu'awiyah (ra) started this trend when he made his son Yazid the heir apparent and forced the Muslims to give Yazid Bay'ah. Subsequently, every Khaleefah followed the same trend, taking an oath for their heirs and then asking the people to give them Ba'yah. The people were restricted to giving Ba'yah to whomever the Khaleefah had nominated.

The Khulufaa' used Abu Bakr's (ra) nomination of Umar (ra) as evidence for their actions. However, as explained previously Abu Bakr (ra) consulted the Muslims before his death and found them in favour of Umar (ra) so he nominated him. The Khulafaa' of Banu Umayyah misapplied this rule and nominated their sons, brothers or relatives without consulting the general population or their representatives. This resulted in political parties using military force to seize power and impose their authority.

This happened when the Abbasids fought and defeated the Ummayads at the Battle of Zab in Iraq in 750CE. The Abbasids then seized control of the Khilafah and restricted the ruling to the family of Banu Hashim. Later the Fatimids seized control of Egypt and attempted to transfer the Khilafah to them and the sons of Fatima (ra), daughter of the Messenger of Allah (saw). They attempted to establish a rival Khilafah to the Abbasids even though the Messenger of Allah (saw) said:

‘Whoever gave Bay'ah to an Imam giving him the clasp of his hand and the fruit of his heart shall obey him as long as he can. If another comes to dispute with him, you must strike the neck of that man.'¹

The Fatimid's were a rebellious wiliyah and not a Khilafah. The disunity caused by the Fatimid rebellion allowed the Christian Crusaders to occupy the Muslim lands for 200 years. Later the Fatimids were defeated by the Khaleefah Nur ad-Din and once the Muslims were united again, Nur ad-Din's sent his famous general Salahudeen Ayyubi (ra) to fight and expel the Crusaders.

This political disunity contributed greatly to the weakening of the State, as well as leading to suspension of the Islamic conquests and neglect in conveying the Message of Islam.²

CONCLUSION

Allah (swt) revealed a comprehensive system (shari'ah) that governs every aspect of life. He (swt) did not leave us without guidance (hidiyyah) on any action let alone such an important action as government and ruling. As discussed the Holy Qur'an, Sunnah and Ijma as-Sahaba have detailed every aspect of the ruling system including the methodology to appoint a Khaleefah. This method is the Bay'ah and every Khaleefah from the time of Abu Bakr Siddiq to the last Khaleefah Abdul-Mejid II was appointed through the Bay'ah.

Therefore the modernist arguments that ‘God has left the field of civil government and worldly interests for the exercise of human reason,' and that the Messenger of Allah (saw) ‘made no provision for the permanent government of the community after his death,' are completely false.

The West claims that elections and accountable government are unique to democracy and that the Muslim world must adopt democracy to progress. Yet it was in the Islamic Khilafah where the head of State - Khaleefah was elected at a time when the world lived under the darkness of dictatorship and the tyranny of the kings.

Even with the Bay'ah being misapplied in latter times the Khaleefah was not above the law as a King or dictator is. His powers were limited to executive power only. Legislative power was restricted to shar'ah alone and for the most part legislative responsibility was undertaken by the Ulema (scholars) of the state. Throughout the rule of the Ummayads and the Abbasids there were accountability processes in place. The Khaleefah would usually set aside a special day to listen to grievances from the general population. During the rule of the Abbasids they institutionalised this accountability process by establishing the Dar al-Adl (House of Justice) which was the Court of Unjust Acts (Mahkamat al-mazalim) with responsibility for investigating acts of oppression (mazlama) committed by the rulers.

The future Khilafah will not be an Ummayad, Abbasid or Uthmani Khilafah repeating their mistakes and misapplication of Islam, rather it will be a Khilafah based on Prophethood.

The Messenger of Allah (saw) said: ‘The Prophethood will be among you as long as Allah wills, then he will eliminate it if he so wills. Then a Khilafah on the model of Prophethood will prevail so long as Allah wills, then he will eliminate it if he so wills. Then there will be a biting monarchy as long as Allah wills, then he will eliminate it if he so wills. Then there will be an oppressive monarchy as long as Allah wills, then he will eliminate it if he so wills. Then a Khilafah on the way of Prophethood will prevail and he kept silent.'¹

NOTES

Introduction

¹ Marriam Jamila, ‘Islam and Modernism,' Muhammad Yusuf Khan Publishers, Lahore, p. 169

² Albert Hourani, ‘Arabic Thought in the Liberal Age 1798-1939,' Cambridge University Press, pp-187-188

³ Thomas W. Arnold, ‘The Caliphate,' Oxford University Press, 1924, p.19

⁴ Cheryl Bernard, ‘Civil Democratic Islam. Partners Resources and Strategies,' RAND Corporation, Summary p. xii

Chapter 1:

Authority of the Khaleefah

¹ Taqiuddin an-Nabhani, ‘The Ruling System in Islam,' translation of Nizam ul-Hukm fil Islam, Khilafah Publications, Fifth Edition, p. 45

Chapter 2:

Evidence for the Bay'ah

¹ Sahih Muslim, Narrated by Abu Hurayrah

² Sahih Muslim

³ Ibid

⁴ Ibid

⁵ Sahih Muslim, Narrated by ‘Abdullah Ibnu ‘Amru Ibn al-‘A‘as

⁶ Sahih Muslim

⁷ Ibid

Chapter 3:

Obligation of the Bay'ah

¹ Ibid

² Abu Ja'far al-Tabari, ‘The History of al-Tabari,' translation of Ta'rikh al-rusul wa'l-muluk, Translated by Fred M. Donner, State University of New York Press, p. 1

³ Sahih Al-Bukhari, Narrated from Ibn ‘Abbas

⁴ Taqiuddin an-Nabhani, ‘The Ruling System in Islam,' Op.cit., p. 122

⁵ Sahih Al-Bukhari, Narrated from Jabir ibn ‘Abdullah

⁶ Taqiuddin an-Nabhani, ‘The Ruling System in Islam,' Op.cit., p. 125

Chapter 4:

Time limit for contracting the Bay'ah

¹ Ibid, p. 100

² Ibn Habban and Ibn Majah narrated from Ibn ‘Abbas

³ Taqiuddin an-Nabhani, ‘The Ruling System in Islam,' Op.cit., p. 101

Chapter 5:

Who contracts the Bay'ah ?

¹ Ibid, p. 65

² Ibid, p. 70

Chapter 6:

The Bay'ah Contract

¹ Sahih Al-Bukhari

² Holy Qur'an, Chapter An-Nisa, verse 141

³ Sahih Muslim, Narrated from Abdullah ibn Umar

⁴ Taqiuddin an-Nabhani, ‘The Ruling System in Islam,' Op.cit., p. 57

⁵ Holy Qur'an, Chapter An-Nisa, verse 141

⁶ Sahih Al-Bukhari

⁷ Taqiuddin an-Nabhani, ‘The Ruling System in Islam,' Op.cit., p. 57

⁸ Sunan Abu Dawoud narrated from ‘Ali Ibnu Abi Talib

⁹ Taqiuddin an-Nabhani, ‘The Ruling System in Islam,' Op.cit., p. 57

¹⁰ Ibid, p. 58

¹¹ Holy Qur'an, Chapter At-Talaq, verse 2

¹² Taqiuddin an-Nabhani, ‘The Ruling System in Islam,' Op.cit., p. 59

¹³ Ibid

¹⁴ Ibid

¹⁵ Holy Qur'an, Chapter Al-Ma'idah, verse 48

¹⁶ Holy Qur'an, Chapter Al-Ma'idah, verse 49

¹⁷ Holy Qur'an, Chapter Al-Ma'idah, verse 44

¹⁸ Sahih Al-Bukhari

¹⁹ Musnad Ahmad

²⁰ Taqiuddin an-Nabhani, ‘The Ruling System in Islam,' Op.cit., p. 65

²¹ Ibid, p. 63

²² Sahih Muslim, narrated from ‘Abdullah Ibn ‘Amr Ibn al-‘A‘as

²³ Taqiuddin an-Nabhani, ‘The Ruling System in Islam,' Op.cit., p. 75

²⁴ Ibid, p. 99

²⁵ Sahih Muslim

²⁶ Ibid

²⁷ Taqiuddin an-Nabhani, ‘The Ruling System in Islam,' Op.cit., p. 122

²⁸ Ibid, p. 74

²⁹ Taqiuddin an-Nabhani, ‘The Ruling System in Islam,' Op.cit., p.243

³⁰ Taqiuddin an-Nabhani, ‘The Ruling System in Islam,' Op.cit., p. 90

Chapter 7:

Method of appointing a Khaleefah today

¹ Ibid, p. 65

² Hizb ut-Tahrir, ‘Khilafah State Organisations,' translation of Ajhizat dowlah ul-Khilafah, Dar ul-Ummah, Beirut, 2005, First Edition, Chapter - The Khaleefah

³ Ibn Katheer, Al-Bidayah Wan-Nihayah

⁴ Hizb ut-Tahrir, ‘Khilafah State Organisations, Op.cit., Chapter - The Khaleefah

⁵ Taqiuddin an-Nabhani, ‘The Ruling System in Islam,' Op.cit., p. 90

⁶ Sahih Al-Bukhari

⁷ Hizb ut-Tahrir, ‘Khilafah State Organisations, Op.cit., Chapter - The Khaleefah

⁸ Ibid

⁹ Ibid

¹⁰ Taqiuddin an-Nabhani, ‘The draft constitution of the Khilafah State. The Introduction and the incumbent reasons,' translation of Muqadimatud-Dustur Aw al-Asbabul Mujibatulah, Article 33

¹¹ Taqiuddin an-Nabhani, ‘The Ruling System in Islam,' Op.cit., p. 90

Chapter 8:

Misapplication of the Bay'ah

¹ Sahih Muslim, narrated from ‘Abdullah Ibn ‘Amr Ibn al-‘A‘as

² Taqiuddin an-Nabhani, ‘The Islamic State,' translation of Ad-Dowlatul-Islamiyyah, Chapter: The Causes of the Islamic State's weakness

Conclusion

¹ Musnad Ahmed

The month of Rajab gives us an opportunity to reflect on the obligation (fardiyah) of the Khilafah. Recent events - such as the Chinese persecution of Uighurs, France's attack on the Islamic dress code, America's assault on Afghanistan/Pakistan, and the siege of Palestine - point to the dire need of the Khilafah Rashida: the Islamic State that will rule by what Allah سبحانه وتعالى has revealed and bring peace, justice, and security to the Ummah and all of humanity.

Next week on the 28th of Rajab, the Ummah will mark the 88th anniversary of the Khilafah's destruction. Since the abolishment of the Khilafah in 1342/1924, the Ummah has been subject to the dictates of the disbelieving colonial powers. These powers continue to rule the Muslim lands through their proxies and agent rulers. Also, many European states have increasingly shown their open hostility to the Muslims who reside there. In this issue, we explore some current news items and remind the Ummah that we are under constant threat. The only solution for the Ummah is to re-establish the Khilafah Rashida based on the political and intellectual method of the Prophet Muhammad صلى الله عليه وسلم.

Somalia: 3.5 Million Muslims on the Edge
As reported in the Irish Times, "At least 3.5 million Somalians [sic] are now on the edge of a precipice, without access to food, health services or basic security". The author also noted that under the Union of Islamic Courts, the country enjoyed "rule of law and a good level of general security for the ordinary population". However, that changed when America sent in Ethiopia to overthrow the Islamic Courts. Since then, fighting has continued between the current "transitional federal government" led by Sheikh Sharif Ahmed and "Al-Shabab" who are fighting to restore Islamic rule in Somalia. In response, to the continued pressure from the Muslims, the US has sent weapons to the weakening Sharif's regime to thwart a takeover by those Muslims that seek to rule by what Allah سبحانه وتعالى has revealed. An unnamed US official told the Washington Post that "A decision was made at the highest level to ensure the government does not fall and that everything is done to strengthen government security forces to counter the rebels". The official also noted that the shipment of weapons and ammunition arrived this month in the Somali capital, Mogadishu.

Muslims in France and Germany under Assault
In Europe, the Muslim Ummah saw the move to ban the burqa and witnessed the brutal murder of a pregnant Muslim sister in a German courtroom. In France, President Sarkozy stated that "The burka is not a sign of religion, it is a sign of subservience," he told members of both parliamentary houses gathered for his speech. He went on to say that "It will not be welcome on the territory of the French republic." His comments followed an appeal last week by 65 French MPs for a parliamentary commission to examine whether Muslim women who cover themselves fully in public undermine women's rights and France's secular tradition. These MPs included representatives from a number of parties, including the Communists and Sarkozy's own UMP. The call won instant support from members of Mr Sarkozy's centre-Right government, but was opposed by the Socialists (the main opposition party). This is not the first time the French government has lamented over the Muslimah's dress code. In 2004, the country passed a controversial law forbidding women from wearing of the hijab (head scarf) in state schools and government offices. It is ironic that France claims to be the "champion" of religious freedom and tolerance, and yet this very notion is forgotten when applied to Muslims living in France.

In Germany, Marwa al-Sherbini was brutally stabbed in a German courtroom 18 times. Instead of the police intervening to protect her, they shot and critically wounded her husband who was trying to defend her! In Germany - as in France and other European countries - the anti-Muslim sentiment has been on the rise in the last decade. Therefore, it is not surprising that such a murder would happen; given that such a climate of hatred exists.

China: Muslim riot in response to June killings
In June, a mob of Han Chinese singled out and killed two Muslim (Uighur) workers in the city of Shaoguan in southern Guangdong province. The incident resulted in clashes between Uighur Muslims and the Han Chinese, including Chinese security forces in Urumqi, the capital of occupied East Turkistan (known by the Chinese as "Xinjiang").

Chinese officials claim 156 people - mostly ethnic Han Chinese - died in Sunday's violence. Uighur groups state many more died and that most of the dead were Uighurs. On Tuesday about 200 Uighur women faced off against riot police to appeal for more than 1,400 people arrested over Sunday's violence to be freed. Later, hundreds of Han Chinese marched through the streets of Urumqi smashing shops and stalls belonging to the Muslims.

Since April 1996, some 57,000 Uighur Muslims had been arrested and about 1,700 of them executed. The Chinese government also stepped up a crackdown on ‘unauthorized' religious activity. China's summary execution of 30 Muslims in February 1997 was particularly brutal. Such arrests are only one tool out of many that the Chinese authorities have been using to suppress Muslims and Islam. They have also publicly burned and banned the Quran. They specifically call for the abolition of Islamic practices and prohibit Muslims from learning the Uighur language (which uses the Arabic script). The Chinese authorities continue to pursue a policy of resettlement to dilute the Muslim population in East Turkistan by populating the region with Han Chinese. Back in 1949 the Han Chinese constituted a mere 2-3% of the total population. Now they represent around 50% of the population and control most businesses.

Pakistan & Afghanistan: American Operations Intensify
In Afghanistan, the US occupying forces launched a large ground operation involving attack helicopters, tanks and 4,000 US Marines. The assault was launched in coordination with 2 unmanned drone attacks - that took off from Pakistan - which killed 115 people. Furthermore, the Pakistani government authorized air strikes that killed 24 people in northwest Swat region and South Waziristan. This is in addition to the Pakistani government using its army to do America's dirty work, which has resulted in the displacement of 2 million people. The coordination between America and the Pakistani government is working to squeeze the Muslims resisting the US led occupation. What is clear from the situation in Afghanistan is that America cannot subjugate Muslims without the assistance of the traitor Muslim governments, such as the Zardari regime in Pakistan. The pattern that America has used in Pakistan is of course no different than what she did in Iraq - relying on the neighboring countries (e.g. Iran, Syria, etc) to undermine the resistance.

The Siege of Palestine: A Slow Excruciating Death
Eight months have passed since Israel started its latest round of massacring Muslims in Gaza. Although the bombs have stopped falling - and the media has stopped paying attention - the Massacre in Gaza continues. However, instead of bombs, Israel is using a deadly siege to squeeze the life out of the people of the area. For example, as the people cannot access building materials, they must use tents as makeshift shelters. As filmed in a documentary aired by the UK's Guardian, fathers must stay up all night to protect their family and children from being eaten by wild animals! As any objective observer would clearly see, the true brutality in Palestine lies in the day-to-day reality of being occupied by Israel, which includes waiting hours upon hours at checkpoints, watching helplessly as Israel comes in and bulldozes one's homes, watching in horror as the Israeli army uproots olive trees (which is often the only source of sustenance one has), or being subject to house raids in the middle of the night. As was documented by in the news show "60 Minutes", Israeli troops can arbitrarily take up residence in a Muslim's house and use it as a temporary post of operation.

The situation of Muslims in Palestine is particularly apt in highlighting the absence of the Khilafah. Muslims ruled the land continuously from the time of Umar bin Al-Khattab (ra) until the crusaders occupied it. The call to liberate Al-Quds was received by Salahuddin Ayubbi (rh) who fought bravely and, by Allah's سبحانه وتعالى leave, liberated the land once again. Then Islamic rule continued under the Uthmanis. However, the Uthmani Khilafah declined in power to a point where it was encumbered by debt. The Zionist movement attempted to take advantage of the Khilafah's weak situation by offering to buy the land. But what was the response of our Khaleefah, Sultan Abdul Hamid (rh)? Did he get on the next train to London and engorge himself on the coffers of Europe as the rulers do today? No, he most certainly did not! Instead, he refused to even meet with the head of the Zionist movement and told them that the land was soaked with the blood of the mujahideen and shuhuda and therefore was too precious to be traded for the wealth of this world. Such leadership, unfortunately, cannot be found in any of the 50+ governments that rule the Muslim Ummah today.

May Allah سبحانه وتعالى help us resume the Islamic way of life through the re-establishment of the Khilafah Rashidah according to the intellectual and political method of RasulAllah صلى الله عليه وسلم. May Allah سبحانه وتعالى allow the future generations to grow under its shade, protected from occupation and oppression.

وَعَدَ اللَّهُ الَّذِينَ آمَنُوا مِنكُمْ وَعَمِلُوا الصَّالِحَاتِ لَيَسْتَخْلِفَنَّهُم فِي الْأَرْضِ كَمَا اسْتَخْلَفَ الَّذِينَ مِن قَبْلِهِمْ وَلَيُمَكِّنَنَّ لَهُمْ دِينَهُمُ الَّذِي ارْتَضَى لَهُمْ وَلَيُبَدِّلَنَّهُم مِّن بَعْدِ خَوْفِهِمْ أَمْنًا
"Allah has promised such of you who believe and do good deeds that He will surely make them to succeed (the present rulers) in the earth even as He caused those before them to succeed (others); and He will surely establish for them their religion which He has approved for them, and will give in exchange safety after their fear". [An-Nur24:55]