The Khilafa
The following article is a paraphrased transcript of a series
of four lectures delivered by Gharm Allah Al-Ghamdy to the Muslim Student
Association at the University of Southern California. These lectures were
given between November 1991 and January 1992, and took place in the MSA House
located at 1144 West 37th Drive, Los Angeles, CA 90007. The subject of
Al-Ghamdy's lectures was an examination of the processes involved in choosing
and removing the Muslim Khalifa. The last Khalifa of the Muslims was removed
in 1924 (though some say the position was strictly a powerless, figurehead
office for at least 500 years before that).
Contents
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:
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Safeguard Islam in its original form, and to protect against the introduction of new things (bid'a) into Islam.
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Establish justice (including punishments for crimes) among the people.
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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.
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Protect the physical boundaries of the state through the use of arms and other methods.
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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).
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Organize jihad against any non-Muslim government which prevents Muslim da'wah from entering its land.
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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).
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Zakat is not to be taken from the best or worst of people's possessions, but rather from the middle.
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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.
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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.
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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.
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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.
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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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