Khilafa and Khalifa (i.e Leadership Or Leader)
By Gharm
Allah Al-Ghamdy
Khalifa is an
Arabic word literally meaning "one who replaces someone
else who left or died" (English: caliph). In the context
of Islam, however, the word acquires a narrower meaning. The
Muslim Khalifa is the successor (in a line of successors) to
Prophet Muhammad's position as the political, military, and
administrative leader of the Muslims. The prophetic role of
Muhammad is strictly not included in this definition, as the
Qur'an and Hadith clearly state that Muhammad was the last of
the prophets. Khilafa is a related Arabic word which, in the
context of Islam, is used to denote the government of the
Muslim state, of which the Khalifa is the head. A workable
analogy of Khalifa and Khilafa is president and presidency or
king and monarchy. The Khilafa is a fard kifaya on the ummah.
The Khalifa of the
Muslim ummah must strive to:
- Safeguard
Islam in its original form, and to protect against the
introduction of new things (bid'a) into Islam.
- Establish
justice (including punishments for crimes) among the
people.
- Ensure the
protection of the ummah. People within the boundaries of
the Muslim state (regardless of whether they are Muslims
or not) should feel secure enough to be productive.
- Protect the
physical boundaries of the state through the use of arms
and other methods.
- Defend the
rights of Muslims abroad, and to see to it that Islam can
spread freely in non-Muslim lands (including the use of
force).
- Organize
jihad against any non-Muslim government which prevents
Muslim da'wah from entering its land.
- Collect and
distribute zakat and the spoils of war according to the
Qur'an and Sunnah (and ijtihad, if necessary). This must
be done without the use of fear as an incentive (unless a
person refuses to pay). Zakat is not to be taken from the
best or worst of people's possessions, but rather from the
middle.
- Pay the
salaries of Bayt-ul-Mal employees, i.e., those people
whose job is the collection of zakat and other
state-levied taxes. Their salaries should be reasonable
and be paid on time.
- Hire honest
people as helpers, aides, governors, etc. The Khalifa must
appoint to public office those who are competent and who
can give good advice. This especially applies to
Bayt-ul-Mal officials.
- Be heavily
involved personally in the acts of governing. The Khalifa
must be actively checking and overseeing the duties of the
government, and constantly be guarding against internal
corruption.
Muslim scholars
have determined certain criteria which any possible candidate
for the Khalifa must meet to be considered legitimate.
- The Khalifa
must be Muslim.
- He must be a
man. This condition is based on the hadith where the
Prophet states that a nation would not profit under a
woman as its leader.
- He must be
knowledgeable in Islam, and be able to make independent
decisions if necessary.
- He must be
just, have good morals, and be trustworthy.
- He must be
physically able (non-handicapped), spiritual, brave, and
helpful to protect the ummah against its enemies. His
eyes, ears, tongue, and body in general should be in
working condition. The point here is to stress an
independent, dynamic leader for the sake of the ummah, not
to discriminate against the physically handicapped. Today,
for example, an artificial limb could be used to offset an
otherwise crippling injury.
- He must be
politically, militarily, and administratively experienced.
- He must be
from the tribe of Quraish because they used to be the
leading tribe, the majority. The Prophet has said,
"The Khalifas are Quraishi." However, many
Muslim scholars have commented on this prerequisite. Al-Mawardi
has written that the Khalifa should be Quraishi based on
the saying of Abu Bakr that the Khalifas are Quraishi and
their ministers are non-Quraishi. The majority of scholars
are of this opinion. Other scholars have arrived at a
different conclusion. Abu Bakr Al-Baqlani has said that
the leader of the Muslims simply should be from the
majority. Muhammad Riya-Ad-Deen and Abu Hanifa wrote that
the leader must come from the majority to make it easy to
follow him.
There are three
ways in which the Muslim ummah may choose a new Khalifa.
However, in all three cases, the people are obligated to give
the new Khalifa their bay'a once the process of choosing him
is over. People can send representatives to give their bay'a
if the population is large. The three ways of choosing the
Khalifa are by selection, by nomination, and by force.
- By
selection. The Khalifa is selected by a group of the best,
most Islamically knowledgeable people in the society (not
by a general vote of everyone). This group is called the
Majlis-Ash-Shura (Arabic for "consultative
council"). The members of the Majlis-ash-Shura are
chosen from experts who are learned in Islam, and they in
turn choose the Khalifa. If the society as a whole rejects
their choice, the Majlis-ash-Shura must find out why,
perhaps negotiate with the people, and in general try to
resolve the problem - however, this situation has never
occurred. The Majlis-ash-Shura must have at least three
people by the definition of a jama'a (a group of three or
more people). The Muslim scholar Al-Mawardi has noted that
in the emergency case of no Khalifa and no
Majlis-ash-Shura (the situation today), the people should
create two parties: one being the Majlis-ash-Shura, and
the other being a list of candidates for the Khalifa. The
Majlis-ash-Shura then selects a Khalifa from the list of
candidates.
- By
nomination. The current Khalifa may nominate his
successor, the next Khalifa (as Abu Bakr did with Umar).
The people have to accept him just as in the first case.
If the old Khalifa appoints someone unworthy out of
ulterior motives, the people must reject that appointee.
- By force. If
the current Khalifa forces someone on the people to be the
next Khalifa, but that person is righteous, the people
must accept him as long as he remains righteous.
Similarly, if there is no Khalifa (again, the situation
today), it is permitted for someone to forcibly seize
power and declare himself the Khalifa if he guarantees to
abide by his responsibilities under Islam.
There is no fixed
size for this group, however, it is generally agreed that it
should not be too large. Muslim scholars have established some
basic prerequisites which the members of the Majlis-ash-Shura
should have to become part of that group. All agree that the
members must be adults (in Islam, this means anyone who has
entered puberty), and of sound mind. These members are chosen
by the various communities in the ummah. Other prerequisites,
while generally agreed upon, differ slightly from scholar to
scholar.
- Al-Mawardi
has written that each member should satisfy three
conditions: he must be just, he must have enough knowledge
of Islam to differentiate between a potentially good
Khalifa and a bad one, and he must have sufficient wisdom
and judgment to select the best leader.
- Al-Juwayni
has four conditions for the Majlis-ash-Shura: each member
must be a man, knowledgeable, above average relatively,
and Muslim.
- Abdul-Jabbar
is of the opinion that the members must have enough
knowledge to select he who can be Khalifa - enough Islamic
knowledge in particular, and wisdom and judgment in
general.
- Muhammad
Rida wrote that the Majlis-ash-Shura should be the best of
the ummah, composed of the scholars, leaders, soldiers,
businessmen, and respected people of the society. All the
members should have deep knowledge of Islam as a basic
prerequisite. They must be people whose opinions and
decisions are obeyed and respected. The Majlis-ash-Shura
should have people from many fields of expertise to ensure
a broad base of support and knowledge.
- Faiyadh has
written that the Majlis-ash-Shura serves as an
intermediary between the people and the Khalifa. The most
qualified people to be in the Majlis-ash-Shura are the
leaders of the different 'tribes', the Muslim scholars,
and those experienced in life (i.e., experts in
non-Islamic fields like economics, engineering, medicine,
etc.). These are also the ones who represent the ummah and
who can speak against the ummah.
- Al-Baghdadi
believed that the Khalifa and the Majlis-ash-Shura should
be selected from amongst those who can choose wisely.
There are four
conditions which must be met for the Majlis-ash-Shura to
legitimately select a new Khalifa.
- There must
currently be no existing Khalifa.
- A qualified
and willing individual must accept his nomination by the
Majlis-ash-Shura.
- The nominee
must have been selected freely by the Majlis-ash-Shura -
and the members of the Majlis-ash-Shura must give him
their bay'a.
- The bay'a
must be given to the nominee by the general populace -
though some scholars say this is optional.
Some scholars
believe that the bay'a should be given in the presence of two
witnesses, whereas other scholars believe this is unnecessary
since selecting the Khalifa is a public matter.
When the
Majlis-ash-Shura votes for the Khalifa, the members must
formally select one of the candidates, and there must be no
objection against that candidate which can be supported by
evidence. However, Muslim scholars have differed on the number
of members in the Majlis-ash-Shura needed to select a Khalifa
from the list of candidates.
- Some
scholars say that at least a majority of the
Majlis-ash-Shura must agree on the new Khalifa.
- Al-Ashari
believes the Khalifa could be given to an eligible person
even by a single vote if he comes from the
Majlis-ash-Shura and has a good Islamic character. There
must also be no valid objection supported by evidence or
witnesses.
- Another
group of scholar's opinion is that the Khalifa must have
two votes for him in the Majlis-ash-Shura who are good
Muslims (two because the Majlis-ash-Shura is a jama'a
which is at least three people).
- A fourth
opinion is that the Khalifa must have four votes (with no
countering objection) because witnessing to a charge of
adultery in Islam requires four witnesses.
- A fifth
opinion holds that at least three votes are necessary to
make the decision have the strength of a jama'a behind it.
- A sixth
opinion is that at least five votes are needed to make an
even stronger decision.
- Finally, a
seventh group of scholars believes that it requires 40
members of the Majlis-ash-Shura to vote for the same
candidate for him to become the new Khalifa since Friday
prayer requires 40 people to be valid (according to some
scholars).
One way the
Khalifa may be chosen is through the use of force. Many Muslim
scholars say that if a person has already seized power, then
to avoid Muslim bloodshed that person should be accepted if he
upholds his duties as the Khalifa of the Muslim ummah.
- Ibn Hanbal
wrote that if a Khalifa has seized power, it is haram to
fight him. However, he must meet his responsibilities
under Islam.
- Ash-Shafi'i
believed that a person who seizes power and then is
accepted by the people is a legitimate Khalifa.
- An-Nawawi
believed that if someone forces himself on the ummah, but
is qualified, then he should be accepted by the people to
avoid Muslim bloodshed and to preserve Muslim unity. An-Nawawi
also claimed that if the new Khalifa subsequently does not
follow the sunnah of the Prophet precisely, it would be
still be questionable to fight against him because of the
paramount importance of avoiding Muslim bloodshed and
disunity.
- Ibn Khaldun,
Al-Asqalani and Al-Juwayni all believed that forceful
seizure of power by someone is legitimate as long as he
follows Islam as the new Khalifa.
- Ibn Taymiya
wrote that after someone has seized power, he is
legitimate so long as he follows the Qur'an and Sunnah.
All scholars are
in unanimous agreement that using force to displace an already
established Khalifa who is meeting his responsibilities is
forbidden.
The above
scholars rely on the following ahadith to support their
opinions.
- From Sahih
Muslim: A companion of the Prophet named Hudhayfah asked
the Prophet about what the future holds for the Muslims.
The Prophet replied that they will be led by devils at
some point. The Prophet then added that the Muslims should
obey these leaders.
- From Sahih
Bukhari and Sahih Muslim: The Prophet noted that there
will come leaders whom the Muslims will not like - that
is, they will not follow the Sunnah precisely. The Prophet
continued and ordered the Muslims to "give your right
to them, and ask God for your right," or in other
words be patient.
- From Sahih
Muslim: The Prophet asked people for their bay'a in which
he asked for obedience during weakness and strength,
wealth and poverty. This request for obedience from the
people applies to the Khalifas as well unless they exhibit
signs of kufr.
Many Muslim
scholars have commented on when it is permissible to disobey
or remove the Khalifa, which is normally forbidden when the
Khalifa is meeting all his responsibilities under Islam.
- Al-Mawardi
believed that if the Khalifa has followed the Qur'an and
Sunnah, the people must follow and support him. On the
other hand, if he becomes either unjust or handicapped to
the point of ineffectiveness (such as blindness or an
amputation), then he must be removed.
- Al-Baghdadi
believed that if the Khalifa deviates from justice, the
ummah needs to warn him first to return to the straight
path. If this fails, then he can be removed.
- Al-Juwayni
held that since Islam is the goal of the ummah, any
Khalifa who steps away from this goal must be removed.
- Ashighistani
wrote that if the Khalifa is found to be ignorant,
oppressive, indifferent, or a kafir after his selection,
then he must be removed.
- Al-Ghazali
believed that an oppressive Khalifa must be told to desist
from his crimes. If he does not, then he must be removed.
- Al-Iji
believed the ummah has a definite list of permissible
reasons to remove the Khalifa.
- Al-Asqalani
wrote that if the Khalifa starts to act as an unbeliever,
it is prohibited to obey him and obligatory to fight him.
It is obligatory to stand against him if one can - and
this entails a big reward. Those people who choose to
ignore the situation are in sin, whereas those who cannot
fight should emigrate (to organize resistance). Al-Asqalani
used two ayahs from the Qur'an in particular to support
his position. The first is from surat Al-Ahzab 67-68,
"...And they would say, 'Our Lord! We obeyed our
chiefs and our great ones, and they deceived us as to the
right path. Our Lord! Give them a double penalty and curse
them with a very great curse'...", and the second is
from surat Al-Baqara 167, "...And those who followed
would say, 'If only we had one more chance, we would clear
ourselves of them, as they have cleared themselves of us.'
Thus will Allah show them (the fruits of) their deeds as
(nothing but) regrets. Nor will there be a way for them
out of the Fire..."
- Muslim
reported that Ibn Umar said the Prophet ordered every
Muslim to obey their leader unless commanded to do
something bad, in which case they must neither obey nor
listen. Muslim also reported that Ibn Malik said the best
leader is the one where mutual love exists between him and
the people, and the worst leader generates mutual hate.
However, even in the latter case, fighting the Khalifa is
prohibited unless he enters kufr by stopping prayers or
zakat for example.
- Ibn As-Samit
reported that the Prophet said to obey him in all things
and situations, and not to remove the leaders unless they
openly practice kufr.
- Abu Daud
reports from Ibn Ujrah that the Prophet entered a masjid,
and said there will come leaders after him who disobey the
Qur'an and Allah. Those who help them are not of the
Muslims, but if someone opposes them, he or she is of the
Prophet's people.
The Khalifa must
be seriously and unrepentantly off the straight path if he is
to be accused of kufr. Actions like neglecting prayers,
ignoring the fast, and claiming that the Qur'an and Sunnah are
outdated are the types of crimes that indicate kufr on the
part of the Khalifa. In such circumstances, he must be warned
quietly first before taking any physical action against him.
However, in cases where the Khalifa is not a kafir, but is
simply very belligerent (e.g., seizing the land of others
unjustly), the people are obligated to yield their rights
(including possessions) to avoid bloodshed. Instead, they
should pray to Allah to restore their rights.
In a the event of
a bad Khalifa, the Majlis-ash-Shura must be the voice of the
ummah which steps forward and orders the Khalifa to step down
(although they must warn the Khalifa first of his crimes). If
there is no Majlis-ash-Shura, the general populace must create
one first by nominating and appointing people to form it. No
individuals should rise up alone in protest against the
Khalifa. Muslim scholars have elaborated on this subject
extensively.
- Al-Juwayni
has written that if the Khalifa acts strangely and is
leading the Muslims to weakness, the ummah should not
allow individuals to step forward and challenge the
Khalifa because this leads to anarchy. Rather, any change
must go through the Majlis-ash-Shura.
- Al-Mindad
believed that an oppressor cannot be the Khalifa, a judge,
imam for prayer, or even a simple witness. However, if he
is already the leader, then we must go through the
Majlis-ash-Shura first to remove him.
- Ash-Shahastani
believed that the Khalifa is very important, so in case of
disagreement between him and the people, no individual
should go about creating turmoil. Instead, the people
should go through the Majlis-ash-Shura.
- Al-Ash'ari
noted that the first fitnah or dispute after the Prophet's
death was the dispute over the Khilafa.
- Ibn Taymiya
believed that an oppressive Khalifa should not be fought
against immediately, but rather after going through the
Majlis-ash-Shura first (and failing).
- An-Nawawi
wrote that a sinning, oppressive Khalifa should be removed
by the Majlis-ash-Shura. However, if much bloodshed among
the Muslims is forthcoming, then the ummah should avoid
the fighting and bear him.
- Ghazali
believed that a bad Khalifa should be borne to avoid the
possible killing of Muslims. However, the Majlis-ash-Shura
should warn the Khalifa quietly at first. If the
Majlis-ash-Shura is unsuccessful, and fighting is
threatened, then the ummah must weigh the possible cost of
many deaths against oppression. Sometimes the bloodshed
warrants that the oppressive Khalifa should be tolerated.
The
Majlis-ash-Shura is the body which has the authority to remove
the Khalifa if he behaves contrary to Islam. At first, the
Majlis-ash-Shura must advise the Khalifa of his deviant
behavior, and warn him to stop. If the Khalifa does not
change, then he must be told to resign. If he refuses and
threatens to use physical force to stay on (e.g., a corrupt
army backs him), then the Muslim ummah has three options
available to it at that point:
- Fight him
according to some scholars.
- Be patient,
and let him lead, to avoid Muslim bloodshed. This is the
strongest opinion: the majority of the ahl-ul-hadith and
scholars of the Sunnah advocate this view including Malik,
Ash-Shafi'i, and Ahmad.
- Depending on
the circumstance, either fight or be patient according to
some scholars.
When should the
ummah have to fight? Muslim scholars all agree that fighting
is obligatory on the ummah when the Khalifa starts to alter
Islamic doctrine and practice. This makes him a clear kafir.
Some scholars say that the Khalifa can be fought even when he
becomes only a fasiq - e.g., he believes in prayer, but does
not do it regularly. The majority of scholars say that this
particular offense (neglecting prayer) is kufr anyway - not
just fisq.
The method by
which Abu Bakr became Khalifa was by selection (ikhtiar)
though there is a difference of opinion on whether the
selection was carried out by a Majlis-ash-Shura or the general
populace. There are certain actions of the Prophet which
implied that he wanted Abu Bakr to be the first Khalifa.
- A woman
asked the Prophet who to come back to for help should the
Prophet not be there (i.e. if the Prophet had died). The
Prophet stated Abu Bakr.
- The Prophet
said, "Follow the best successors after me: Abu Bakr
and Umar."
- When the
Prophet became ill, Aisha said that he asked her to call
in Abu Bakr to write a letter "so that people will
not dispute."
- The Prophet
asked Abu Bakr to lead the prayer in his absence.
- The Prophet
informed us of a dream he had in which he pulled some
water out of a well, followed by Abu Bakr, then by Umar.
- During a
khutba, the Prophet said, "If I were to choose a best
friend from the people, I would choose Abu Bakr."
- A man had a
dream where the Prophet and Abu Bakr where weighed against
each other, and the Prophet was found to be heavier. Then
Abu Bakr and Umar were weighed - Abu Bakr being heavier.
Then Umar and Uthman were weighed - Umar being heavier.
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