Global Intifada

The Prophet (sallahu alayhi wa sallam said “Allah will not snatch away knowledge abruptly from people, but rather He will snatch knowledge by removing scholars. This will happen to the extent that when no scholar remains, people will take ignorant leaders as their guides. These leaders will be asked and they will give opinions (Fatwas) without knowledge. So they will be misguided and they will misguide others.” (Bukhari and Muslim)

 

The topic of this article is with regards to the obligatory (fardh kaffayah) nature of the Khalifah and whether ijma exists upon it. There are a group of Muslims today that have become so enamored with Western civilization that they advocate Muslims abandon their deen and imitate their former conquerors way of life. They call for, either intentionally or unintentionally, the total imitation of Western culture in its philosophy, ethics, sciences, political theory, and even go so far as to imitate their language, culture, dress, and other customs. Such beliefs and practices are illustrative of a defeated people, as highlighted by the brilliant sociologist and qadi, Ibn Khaldun in his “al-Muqaddimah”

“The vanquished always want to imitate the victor in his distinctive mark(s), his dress, his occupation, and all his other conditions and customs.

The reason for this is that the soul always sees perfection in the person who is superior to it and to whom it is subservient. It considers him perfect, either because the respect it has for him impresses it, or because it erroneously assumes that its own subservience to him is not due to the nature of defeat but to the perfection of the victor. If that erroneous assumption fixes itself in the soul, it becomes a firm belief. The soul, then, adopts all the manners of the victor and assimilates itself to him. This, then, is imitation.

Or, the soul may possibly think that the superiority of the victor is not the result of his group feeling or great fortitude, but of his customs and manners. This also would be an erroneous concept of superiority, and (the consequence) would be the same as in the former case.

Therefore, the vanquished can always be observed to assimilate themselves to the victor in the use and style of dress, mounts, and weapons, indeed, in everything.

In this connection, one may compare how children constantly imitate their fathers. They do that only because they see perfection in them. One may also compare how almost everywhere people are dominated (in the matter of fashion) by the dress of the militia and the government forces, because they are ruled by them.

This goes so far that a nation dominated by another, neighboring nation will show a great deal of assimilation and imitation. At this time, this is the case in Spain. The Spaniards are found to assimilate themselves to the Galician nations in their dress, their emblems, and most of their customs and conditions. This goes so far that they even draw pictures on the walls and (have them) in buildings and houses. The intelligent observer will draw from this the conclusion that it is a sign of domination (by others). God has the power to command.

In this light, one should understand the secret of the saying, “The common people follow the religion of the ruler.” (This saying) belongs to the subject under discussion. The ruler dominates those under him. His subjects imitate him, because they see perfection in him, exactly as children imitate their parents, or students their teachers.

God is wise and knowing.”

 

 

Thus, it is no surprise that the Muslims of today are imitating the West, its former colonizer. Unfortunately, very few of us today share the prescience of Ibn Khaldun who lamented the Andalusians imitation of the Galician nations and on these grounds predicted their demise. What many of our brethren fail to realize that the entire discourse of “modernizing Islam” does not exist within a political vacuum, but that the discourse on Islam itself is hegemonic in nature. Western nations are not concerned with “modernizing” Islam simply because they are sincerely trying to promote human progress, but because they have vested economic and political interests in Muslim lands. After all, the greatest opposition in the world today against fulfilling the obligations of establishing the khalifate, jihad, and jizya are not Muslims, but Western nations who will undoubtedly lose many economic, political, military, and strategic interests if such institutions and practices are established. Perhaps this is why the believers should not be surprised that whenever a Muslim country, no matter how pitiful and poor it is, begins moving towards the implementation of the Shari’ah, which undoubtedly is the first step towards establishing the three obligations described above, the powers that be will muster some excuse to attack and remove such a movement. This was recently witnessed in Somalia when one such power openly economically and military supported Ethiopia to invade and attack it for the sole purpose of removing the implementation of the Shari’ah. Somalia was a country that was mired in anarchy and chaos after a failed “humanitarian” intervention by this Western power. A movement arose between Islamic judges and middle class business men to restore order and tranquility. Within a short period of time, the UIC re-opened the Mogadishu Airport and Seaport after being closed for almost a decade, they fought pirates that were preventing food aid from coming into the country, they opposed the destruction of the environment, and they banned the use of narcotic substances. Even though this movement violated no human rights in establishing itself, it was classified as being linked to “terrorism” and plans were set in motion to remove it with force covertly. This country went so far as to ally with the very people who attacked it in the 1990s in order to accomplish this goal, showing how far they will go to prevent the Shari’ah from being established. What this shows, along with a plethora of other similarly situated examples of other Islamic movements all over the world, is that the very discourse on “reforming Islam”, incorporating, human rights, democratization, and modernization is contained within a hegemonic framework that Muslims must scrutinize thoroughly. They must shed this intellectual naivety that has plagued the Ummah for too long and develop a systematic and thorough deconstruction of the values that the Ummah is being coerced into adopting.

 

Of course, in combatting certain xenomaniacs, we should not become xenophobics. What is required of us is that to raise the level of cautious criticism of the very ideas that are being espoused. In order to do so, we must first understand the classical tradition to discern whether these particular issues have already been addressed or can be engaged in a process of self-correction and evolve to new circumstances. Instead of engaging in true rational criticism of both Western and Islamic traditions, certain individuals engage in blind following of Western traditions and extreme skepticism of Islamic ones. They go so far as to engage in acts that technically constitute disbelief such as questioning the compilation of the Qu’ran or the status of the Sunnah as a source of legislation under the guise of subjective interpretations. Some deny obligations that are conclusively established from the Qur’an, Sunnah, and Ijma. The act that lead to the proclamation of kufr of Iblis was not his disbelief of Allah (subhana wa ta’ala). “And when We said to the angels: “Prostrate before Adam” So, they prostrated, all but Iblis. He refused, and joined the infidels.” (2:34) Iblis believed in Allah (subhana wa ta’ala) as is evident in the fact that he directly addressed Allah in his speech. The source of kufr for Iblis was his denial of the explicit command of Allah (subhana wa ta’ala) to fulfill a particular obligation. Similarly, modernists occasionally engage in the proclamation of “belief” as Iblis did, but deny the obligations of Allah (subhana wa ta’ala). They deny various obligations such as hijab, the hudood, the prohibition on interest, the status of Islamic governance, and some go so far as to deny the Shari’ah itself. One particularly contentious obligation that is denied is the status of the Khalifah. There are some who say it is impossible to attain, and this is acceptable. However, there are others who say that there is no obligation for the establishment of the Khalifah itself, and this is another matter entirely. They say “There is no proof from the Qur’an, the Sunnah, Ijma or any other source of Islamic law.” InshaAllah, let the matter be elucidated.

 

The Qur’an

 

Concerning the obligatory nature of the khalifah, there is proof of it in the Qu’ran. Imam Qurtubi wrote in his Tafseer concerning the ayah “Indeed, man is made upon this earth a Khaleefah” (2:30): “This Ayah is a source in the selection of an Imaam, and a Khaleefah, he is listened to and he is obeyed, for the word is united through him, and the Ahkam (laws) of the Khaleefah are implemented through him, and there is no difference regarding the obligation of that between the Ummah, nor between the Imams except what is narrated about al-Asam, the Mu’tazi.”

 

Ibn Kathir on the Khalifah “Al-Qurtubi, as well as other scholars, said that this Ayah (2:30) proves the obligation of appointing a Khalifah to pass judgements on matters of dispute between people, to aid the oppressed against the oppressor, to implement the Islamic penal code and to forbid evil. There are many other tasks that can only be fulfilled by appointing the Imam, and what is necessary in performing an obligation, is an obligation itself.”

Mufti Shafi Usmani explains the verse in Surat al-Baqarah as referring to the Prophets (alaihumus sallam), the last of which was Rasulullah (sallahu alayhi wa sallam). When Allah (subhana wa ta’ala) was referring to vicegerents in 2:30, He was referring to the Prophets (alaimus sallam). However, just like the duty of giving dawah, engaging in jihad, implementing the hadd, was transferred to the Ummah as a whole after the death of the Prophet (sallahu alayhi wa sallam), the duty of Islamic governance was passed on as well. Thus, the necessity for the vicegerents of the Vicegerents of Allah (subhana wa ta’ala). He writes:

“(e) Allah has ordained that after the Holy Prophet (sallahu alayhi wa sallam) his Ummah or the Islamic community, shall as a body enjoy the privilege which has been that of the prophets (alaihi mus sallam). That is to say, the Ummah as a collective body has been declared to be innocent and under the special protection of Allah Himself, so that it will never unanimously agree upon a doctrinal error or a deviation, and hence any decisions which has been arrived at in religious matters through the consensus of the Ummah is to be regarded as manifestation of Divine Commandment. That is why the consensus of the Ummah has been accepted as the third source of the Shari’ah, the first two being the Holy Qur’an and the Hadith. For the Holy Prophet (sallahu alayhi wa sallam) has himself said “My Ummah shall never collectively agree upon error.” And we have already referred to another hadith which tells us that no matter how much the world has changed or how indifferent people have grown to the Truth, there shall always remain in the Islamic Ummah a group of people who will defend and preserve the Truth, and who will finally win.

(6) Since it has been ordained that the Islamic Ummah as a body shall never go wrong, the responsibility of choosing a deputy to the Holy Prophet (sallahu alayhi wa sallam) has also been entrusted to it. Now for the governance of the earth the legitimate way is that the Ummah should select a Khalifah who, once chosen, would solely be responsible for the maintenance of spiritual and temporal order. And it is also possible that there should be a single Khalifah for the whole world.” (p 166-167, vol 1 of “Ma’ariful Qur’an”)

Furthermore, there are implicit proofs of the khilafat, such as the obligation of jihad, the implementation of the hadd punishments, the execution of contracts, the taking of oaths in courts, the method of witnessing in criminal and civil matters, the making of treaties, which all indicate that a government must be established in order to implement. Not only is such a government theoretically necessary, but the Sunnah of the Prophet (sallahu alayhi wa sallam) is clear proof of the implementation of an Islamic government.

More explicitly is the command of Allah (subhana wa ta’ala) to the believers in the Qur’an: “O You Who Believe! Obey Allah and His Messenger and Those in Authority Above You.” (4:59). Mufti Shafi Usmani has given a wonderful explanation of this verse in relation to obedience to authority:

“Those in Authority”

Lexically (uli’l-amr) (translated here as ‘those in authority’) refers to those in whose hands lies the management and administration of something. Therefore, Sayyidna Ibn ‘Abbas, Mujahid, and Hasan al-Basri the earliest commentators of the Qur’an, may Allah be pleased with them, have said that uli’l-amr fittingly applies to scholars and jurists (’Ulama and Fuqaha) since they are the succeeding deputies of the Holy Prophet (sallahu alayhi wa sallam) and the proper regulation of religion is in their hands.

Then, there is a group of commentators, including Sayyidna Abu Hurairah (radhi allahu anhu), which says that uli’l-amr signifies officials and rulers who hold the reings of government in their hands.

However, it apperas in Tafsir Ibn Kathir and al-Tafsir al-Mazhari that this expression includes both categories, that is, the scholars and jurists as well as the officials and rulers because the system of command is inevitably connected with these two.

A surface view of this verse shows three ‘obediences’ being commanded here - of Allah , the Messenger and those in authority. But, other verses of the Holy Qur’an have made it very clear that command and obedience really belong to none but Allah - from Him the command and to Him the obedience. The Qur’an says ‘The command belongs to none but Allah .’ But, the practical form of the obedience to His command is divided over four parts.

Forms of Obedience to Allah ’s Commands

1. First of all come commands about something which Allah Almighty has Himself revealed very expliictly in the Holy Qur’an and which do not need any explanation - for example, the extremely serious crime of shirk and kufr (the ascribing of partners to the divinity of Allah , and disbelief_; the worship of Allah , the One; the belief in Akhirah, the life-to-come, and in Qiyamah, the Last Day; and the belief in Sayyidna Muhammad al-Mustafa (sallahu alayhi wa sallam) as the Last and True Messenger of Allah ; the belief in and the practice of Salah, Sawm, Hajj, and Zakah as fard. All these direct Divine commands. Carrying these out means a direct obedience to Allah Almighty.

2. Then, there is the second part consisting of ahkam or commands which needs to be explained. Here, the Holy Qur’an often gives a terse or unspecified command the explanation of which is left to the Holy Prophet (sallahu alayhi wa sallam). Now, the explanation or enlargement of the subject which the Holy Prophet (sallahu alayhi wa sallam) takes up through his ahadith is also a kind of wahy (revelation). If these explanations, based on personal judgment, miss something or fall short in any way, correction is made through wahy. Finally, the word and deed of the Holy Prophet (sallahu alayhi wa sallam) as it is in the end, becomes the interpretation of the Divine command.

Obedience to the Divine commands of this nature is, though, the very obedience, of the commands of Allah Almighty in reality, but, speaking formally, since these commands are not physically and explicitly the Qur’an as such - they have reached the community through the blessed words of the Holy Prophet (sallahu alayhi wa sallam) therefore, obedience to them is academically said to be an obedience to the Messenger which, in reality, despite being in unison with obedience to the Divine, does have a status of its own if looked at outwardly. Therefore, throughout the Holy Qur’an, the command to obey Allah has the allied command to obey the Messenger as a constant feature.

3. The third category of Ahkam or commands are those which have not been explicitly mentioned in the Holy Qur’an or in the Hadith, or if they do appear in the later, the narrations about such commands found in the enormous treasure-house appear to be conflicting. In the case of such ahkam, Mujtahid ‘Ulama (scholars having the highest multi-dimensional expertise in religious knowledge through original sources) delve into the established texts of the Qur’an and Sunnah along with a close study of precedents and parallels offered by the problem in consideration, giving their best through and concern to arrive at the appropriate rule of conduct while staying within the parameters of the imperative of the sacred texts. This being so, the obedience to these rules is one and the same as the obedience to the Divine because it has been, in all reality, deduced from the Qur’an and Sunnah. But, when seen formally, these are known as juristic edicts or fatawa as popularly understood and are attributed to religious scholars.

 

 

The Sunnah

 

Concerning the obligatory nature of the khalifah, there is also proof of it from the Sunnah of the Prophet (sallahu alayhi wa sallam) and are so numerous that they are virtually self evident. Firstly, the Prophet (sallahu alayhi wa sallam) himself established a government and it was considered obligatory upon the Muslims to recognize this legitimacy. Recall that the munafiqoon were castigated by Allah (subhana wa ta’ala) simply for building their own Masjid. Had anyone attempted to challenge the authority of the Prophet (sallahu alayhi wa sallam), it would’ve been condemned as highly sinful, if not kufr. As Allah (subhana wa ta’ala) states in the Qur’an “But no, by your Lord, they will not have Eeman until they make you (O Prophet) rule between them in that wich they dispute, and they find in their souls no resistance against your decisions, but accept them with the fullest conviction.” (4:65) The Prophet (sallahu alayhi wa sallam) was not merely a spiritual leader, but a political leader and a military leader as well. He engaged in decision-making process, allocated funds, and lead armies. He issued commands and proclamations like those of a leader and his authority was supreme. He fought in 53 battles and led 11 campaigns. It is clear that Prophet (sallahu alayhi wa sallam) was the leader of an government and it is clear that all of the Muslims of that era were obligated to recognize his governance and rulership. Even for the sake of argument if one were to argue that rulership was to dissipate at the death of the Prophet (sallahu alayhi wa sallam), there is neither conclusive nor ambiguous proofs from the Qur’an or Sunnah or Ijmaa that Islamic governance is a temporary institution. Conversely, there are numerous proofs from the Sunnah that Islamic governance was to continue after the death of the Prophet (sallahu alayhi wa sallam).

 

The proofs for obeying the commands of the Prophet (sallahu alayhi wa sallam) are many and are too numerous to be dealt with in this article. Sufficed to say, the commands of the Prophet (sallahu alayhi wa sallam) are presumed to be obligatory unless there is evidence indicating otherwise such as a competing superseding text. With regards to the commands of the Prophet (sallahu alayhi wa sallam), there are several regarding the Khalifah:

 

Abu Hazim (radhi allahu) narrated “I was with Abu Hurairah for five years and I heard him narrate from the Prophet (SAW) that he said: “The Prophets used to rule Bani Israel. Whenever a prophet died another prophet succeeded him, but there will be no prophets after me; instead there will be Khulafaa’ (Khalifahs) and they will number many”. They asked: what then do you order us? He said: “fulfil allegiance to them one after the other. Give them their dues. Verily Allah will ask them about what he entrusted them with”. (Sahih Muslim) This hadeeth illustrates that not only will a Khalifate exist after the death of the Prophet (sallahu alayhi wa sallam), but he commanded the Muslims to obey them, making it obligatory upon the believers to do so.

 

Then there is the popularly known hadeeth from Sahih Muslim that the Prophet (sallahu alayhi wa sallam) said “One who dies without having bound himself by an oath of

allegiance will die the death of one belonging to the days of ignorance.” (Sahih Muslim)

 

Not only did the Prophet (sallahu alayhi wa sallam) establish a government, but his Companions (radhi allahu anhum) continued this practice.

 

Ijma

 

Concerning the obligatory nature of the Khalifah from the viewpoint of the Ijma, there is also ample proof. First, ijma itself must be clarified. With regards to the doctrine of ijma generally speaking, Shaykh Uthman Dan Fodio wrote in his Ihya Sunnah wa Ikhmad al Bid’a… (“The revival of the sunnah and the destruction of satanic innovation”): “Likewise, following the Consensus is obligatory in accordance with the Book by the words of Allah ta`ala, “Those who oppose the Messenger after the guidance has been made clear unto him and then follows other than the way of the believers; We shall appoint him to that unto which he himself has turned, and expose him to Hell - an evil destiny.” Following the consensus is obligatory in accordance with the sunna by the words of the Messenger of Allah , may Allah bless him and grant him peace, “My umma cannot agree upon an error. Take hold of the great majority. For whoever separates himself from the community even the length of a hands span, then has removed the noose of Islam from his neck.” (p 6 of “Ihya Sunnah wa Ikhmad al Bid’a”)

Some modernists misunderstand ijma. They believe that in order for a ruling to have ijma, every scholar in Islamic history must agree with it. Even if this was true, on the particular issue of the khalifah, only one scholar has differed on the matter. Other than that, there are no noted opinions from a single scholar that the khalifah is not a fardh kaffayah. The mere absence of an opinion by a particular scholar is not proof that they denied the obligation. As it will be shown, there is ample proof of the ijma on the Khalifah. Thus, the onus of the burden of proof shall shift to the deniers of the obligation of the Khalifah to show that it is not an obligation. They must cite positive commands from the textual sources and explicit fatwas from the Fuqaha who have denied the obligation.

As I stated above, the ijma on this issue exists at all levels: (a) the sahabah (radhi allahu anhum), (b) the mujtahid imams, and (c) the four madhaib.

(a) Ijma as-Sahabah (radhi allahu anhum)

The status of the Sahabah (radhi allahu anhum) in legislation emanates from the authority of the Prophet (sallahu alayhi wa sallam). The Prophet (sallahu alayhi wa sallam) said “My Ummah will get divided into 73 sects and each one will go to Hell save one and that one is the Jama’ah.” In another hadeeth, he answered “They are those people who will follow this path which I and my Companions follow today.”

This is very simply established since all of the Sahabah (radhi allahu anhum) gathered at the death of the Prophet (sallahu alayhi wa sallam) to decide who the Khalifah would be. The disputes that arose in the era of the Salafus Saleh was not whether the Khalifah was a fardh or not, but over who should be the Khalifah, the eligibility requirements of the Khalifah, and the procedures for electing/removing the Khalifah. Ijma as-Sahabah can be explicit or it can be silent. The actions of the Sahabah (radhi allahu anhum) on this issue were explicit and the subsequent treatment of scholarship of the Khalifah as being a fardh kaffayah is further proof of this. (Ibn Juzayy al-Kalbi “On the Imamate”)

The burial of a Muslim is a fardh kaffayah. The burial of the Prophet (sallahu alayhi wa sallam) was something that the Sahabah (radhi allahu anhum) wouldn’t have treated given their utter devotion to the Prophet (sallahu alayhi wa sallam). They would use their bodies as shields to protect him in battles, they would collect his hair and nail clippings, some would even use his sweat as perfume, they observed him closely and imitated his actions whenever they had the opportunity. The fact that the community as a whole focused on this issue over the burial of the Prophet (sallahu alayhi wa sallam) is an illustration that, at the bare minimum, the establishment of the Khalifah is a fardh kaffayah. This was the ijma of the Sahabah (radhi allahu anhum) on this issue and not a single companion rejected the Khalifah as an institution.

Imam al-Haythami said “It is known that the Sahabah (radhi allahu anhum) consented that selecting the Imam after the end of the era of Prophethood was an obligation. Indeed they made it (more) important than the (other) obligations whilst they were busy with it over the burial of the Prophet (saw)”. (p 17 of “al-Haythami in Sawaa’iq ul-haraqah”)

(b) Ijma of the Mujtahid Imams

With regards to the ijma of the mujtahid imams, Imam Mawardi in his Al-Ahkam as-Sultanniyah holds the most popularly known opinion that relates that their ijma by the mujtahid imams on this issue. He wrote “[t]he Imamate, or supreme leadership, is intended as vicarate of the prophecy in upholding the faith and managing the affairs of the world. Its establishment is unanimously considered to be obligatory on the Community, al-Asamm being the sole dissenter.” (p 3 of “Al Ahkam as-Sultanniyah”)

Ibn Khaldun relates the opinion that their is ijma on the obligatory nature of the Khalifah by the Sahabah as well as the Mujtahid Imams: “The position of imam is a necessary one. The consensus of the men around Muhammad and the men of the second generation shows that (the imamate) is necessary according to the religious law. At the death of the Prophet, the men around him proceeded to render the oath of allegiance to Abu Bakr and to entrust him with the supervision of their affairs. And so it was at all subsequent periods. In no period were the people left in a state of anarchy. This was so by general consensus, which proves that the position of imam is a necessary one.”

Imam Al-Juzayri, an expert on the Fiqh of the four madhaib said regarding the four Imams, “The Imams (scholars of the our schools of thought- Shafi’i, Hanafi, Maliki, Hanbali)- may Allah have mercy on them- agree that the Imamah is an obligation, and that the Muslims must appoint an Imam who would implement the deen’s rites, and give the oppressed justice against he oppressors”. (p 416, Vol. 5 of “Fiqh ul-Mathahib ul- Arba’a” [the Fiqh of the four schools of thought)

Imam Ahmad (rahmutallah alayh) held that the establishment of the Khalifah is fardh and stated “The Fitnah occurs when there is no Imam established over the affairs of the people”.

(c ) The Schools of Law on the Khalifah

In addition to the ijma of the Sahabah (radhi allahu anhum) and the mujtahid mutlaqs, various madhab mujtahids also held that the khalifah was obligatory.

Hanafi: Shah Waliullah wrote a tract on the Khilafat entitled “Izalat al-khafa ‘an khilafat al-khulafa” where he described three levels of khilafat. He held that khilafat-I ‘amma was obligatory among the Muslims because of two types of masalih (benefits). The first benefit was political in nature such as the defense of Muslim lands, the promotion of justice within the state, amongst other things. The second benefit of the khalifah was religious in nature since it promoted the implementation of the Shari’ah, the dominancy of Islam through jihad, and the collection of jizya from non-Muslims. (p 141 “An 18^th Century Theory of the Caliphate” by Aziz Ahmad)

Shafi’i: Within the Shafi’i madhab, Imam Nawawi has been considered to be the most authoritative faqih. In the Sharh of Sahih Muslim, he wrote that “(the scholars) consented that it is an obligation upon the Muslims to select a Khalifah.” (p 205, vol 205 of “Sharhu Sahih Muslim”)

Maliki: Among the Malikis, Imam Qurtubi stated that “The Khilafah is the pillar upon which other pillars rest”.

Hanbali: Amongst the Hanbalis, there is Shaykh ul Islam Ibn Taymiyyah who wrote “It is obligatory to know that the office in charge of commanding over the people is one of the greatest obligations of the deen. In fact, there is no establishment of the deen except by it….this is the opinion of the salaf, such as al-Fadl ibn ‘Iyaad, Ahmed ibn Hanbal and others”. (Siyaasah Shariyyah - chapter: ‘The obligation of adherence to the
leadership’.)

(d ) The Schools of Kalam on the Khalifah

It is important to note that the issue of the khalifah is not limited to the concern of jurists alone, but was discussed by scholars of aqeedah as well.

 

If one looks at various tracts on aqeedah, they either explicitly or implicitly discuss the khalifah with a particular focus on the companions (radhi allahu anhum) dispute. It is well known that Aqeedah tracts only discuss issues based upon the most conclusive of proofs.

 

The Maturidis:

Imam Nasafi, in his tract “Aqeedah Nasafiyyah” wrote “The Muslims must have an Imam, who will carry out the administration of their decisions, the maintaining of their restrictive ordinances, the guarding of their frontiers, the equipping of their armies, the receiving of their alms, the subjugation of those who get the upper hand and robbers and highwaymen, the performance of worship on Fridays and Festivals, the settlement of disputes which take place among creatures, the receiving of evidence based on legal rights, the giving in marriage young men and maidens who have no guardians, and the division of the booty.” (p 141 of “Aqeedah Nasaffiyah’, commentary by al-Taftazaani)

 

The Asharis:

Imam Laqqani, the author of the classical Ashari text “Jawharat at-Tawheed” wrote “130) It is legally obligatory to appoint a just ruler, so understand not rationally.”

 

Imam Juwayni, an Ashari scholar and teacher of Imam Ghazzali, wrote 4 chapters on issues pertaining to the Khalifate in his book “Kitab al irshad qawati al-adilla fi usul al-I’tiqad” (“A Guide to the Conclusive Proofs for the Principles of the Belief”). Imam Ghazzali himself wrote about similar issues in his “Jerusalem Creed”.

 

The Atharis:

Imam Tahawi, a Hanafi Athari scholar, wrote in his tract “Aqeedah Tahawiyyah” that “Hajj and jihad under the leadership of those in charge of the Muslims, whether they are pious or evil-doers, are a continuing obligation under the Last Hour comes. Nothing can suspend or nullify them.” Note that he said that jihad under the leadership of those in charge of the Muslims are a continuing obligation, thus implying that the leadership itself is a continuing obligation.

 

Lastly, even a “modernist,” Rashid Rid’a, held that the Khalifah was obligatory. [See “Arab Religious Nationalism in the Colonial Era: Rereading Rashid Rida’s ideas on the Caliphate” by Mahmoud Haddad]

 

Conclusion

 

Now that the legal status of the Khalifah has been established, it is important to briefly state the other argument against its establishment: impracticality. The opponents of the establishment of the Khalifah argue that it is impractical because it will most certainly be attacked by non-Muslims and their Muslim henchmen or it will be too difficult for Muslims to perform hegirah to it and live in security or it will devolve into tyranny.

 

With regards to the claim that if the Khalifah were to be established, it would result in much bloodshed of Muslims due to the intolerance of the Kuffar or the difficulties it would impose on the Muhajireen, I will merely cite to the Mufti Shafi Usmani’s tafseer “Ma’ariful Qur’an” on this matter:

 

“Every soul shall have taste of death; In the end to us shall ye be brought back.”(Surah Al-’Ankabut The Spider 29:57)

“Have you not seen those who being in thousands, left their homes to escape death? So, to them Allah said, “Be dead.” Then he raised them alive. Surely, Allah is all-gracious to people, but most of the people are not grateful. And fight in the way of Allah , and know that Allah is All-Hearing, All-Knowing.”
(Surah Al-Baqarah 243-244)

Commentary

“In a uniquely eloquent manner, the two verses (243, 244) appearing above and verse 245 which follows, present guidance that prompts the sacrifice of one’s life and possessions in the way of Allah Almighty. Consequently, before stating related injunctions, an important event of history has been taken up which makes it clear that death and life are subservient to the destiny determined by Allah . Going into a battle in jihad is not the cause of death, and running away from it, out of cowardice, is not the means to avoid death.” (p 615, vol 1 of “Ma’ariful Qur’an” by Mufti Muhammad Shafi Usmani (rahmutallah alayh)

 

As stated above, the source of life, sustenance, and death is not from human actions, but from Allah (subhana wa ta’ala) even before the creation of time. The Prophet (sallahu alayhi wa sallam) said “Any one of you will have had his created existence brought together in his mother’s womb, as a drop for forty days, then a sticky attached clot for the same [period], then a piece of flesh for the same period, after which God sends the angel to blow the spirit into him. The angel is commanded to write four words: his [apportioned] provision, his lifespan, his deeds, and whether he will end up as wretched or joyful. By the One besides Whom there is no other god! One of you may do the works of the people of the Garden, until he is [separated from it] only by an arm’s length, then that which had been written overtakes him and he does the works of the people of the Fire, and enters it. And one of you may do the works of the people of the Fire until nothing remains between him and it but an arm’s length; then that which had been written overtakes him, he does the works of the people of the Garden, and so enters it.”

As such, Muslims have nothing to fear in engaging in jihad or performing hegira for the defense of a Khalifah it were to be implemented. Furthermore, the believers should have no fear of dying for the sake of Allah (subhana wa ta’ala) since they will have attained the status of Shahid, if they had the proper intention. This is one of the highest spiritual achievements in Islam. This is indeed a beautiful offer to the believer: victory in this life or the next. In fact, Allah (subhana wa ta’ala) informs the believers in the Qur’an that we should not think of the martyrs as being dead, but as living and having attained the highest form of success in this life and the next.

 

I am not advocating that Muslims utilize violence in any way, shape, or form, to establish the Khalifah. However, based on the reactions of non-Muslim powers towards earlier Islamic movements, it is highly improbable that the Khalifah will remain untouched once it has been established. More likely than not, the power that be will fabricate some excuse, most certainly in the name of global security, the preservation of Western civilization, the promotion of human rights, and combating terrorism, to attack the nascent Khalifah. Although it will undoubtedly be a difficult task, the believers shouldn’t fear this. Remember that the assistance of Allah (subhana wa ta’ala) is closer to us than our jugular veins. Assistance will come through ways that we cannot imagine. So long as we keep our intentions pure.

 

With regards to economic security, it too, comes from Allah (subhana wa ta’ala). Imam Juwayni wrote in his Kitab al Irshad “The price of all goods accord with the dictates of God, the Exalted. They are established as the exchange value of things. The price depends on factors over which a human has no control, such as scarcity and abundance, the fluctuation of interest and need, the increase and lessening of demand. Factors in them to which human choice applies are likewise acts of God, the Exalted, since there is no Creator other than He. The Mu’tazilites profess a doctrine that prices are set by human action. In what we have set out previously, in regard to the creation of deeds, there is already a convincing refutation of their notion.” (p 201 of Kitab al-irshadila qawati’ al-adilla fi usul al-I’tiqad. [A Guide to the Conclusive Proofs for the Principles of Disbelief” The rizq of human beings has already been decreed. This is not to say that Muslims should not take steps in developing their economies, but rather, they should place their faith in Allah (subhana wa ta’la) and recognize that wealth, power, and success can only be attained by His Grace. Furthermore, success is not merely the acquisition of material goods or acquiring degrees and having jobs, success is defined ultimately by one’s deed. This point is very clearly established in Surat al-Takathur where Allah (subhana wa ta’ala) warns humanity not to think that their material goods will benefit them in the grave.

With regards to the third objection to the Khalifah, that it will degenerate into tyranny, this will be dealt with in a future essay that will be produced at the end of the summer, inshaAllah.

If it is asked: how is the Khalifah to be established? The answer to this question has already been answered by the ‘Ulema and mujaddids such as Imam Ghazzali, Shah Waliullah and Shaykh Uthman Dan Fodio. There works are nothing more than blueprints for the revival of Islamic society.

 

One final point needs to be made concerning the overzealous pursuers of the Khalifah. As important as the obligation that the Khalifah is, denying it is not kufr. Imam Ghazzali in his “Faysal al-Tafriqa” wrote:

“Know, however, that error regarding the status of the Caliphate, whether or not establishing this office is a (communal) obligation, who qualifies for it, and related matters, cannot serve as grounds for condemning people as Unbelievers. Indeed, Ibn Kaysan denied that there was any religious obligation to have a Caliphate at al; but this does not mean that he must be branded an Unbeliever. Nor do we pay any attention to those who exaggerate the matter of the Imamate and equate the recognition of the Imam with faith in God and His messenger. Nor do we pay any attention to those who oppose these people and brand them Unbelievers simply on the basis of their doctrine on the Imamate. Both of these positions are extreme. For neither of the doctrine in question entails any claim that the Prophet perpetrated lies.” (p 113 of Faysal al-Tafriqa (“On the Boundaries of Theological Tolerance in Islam”))

 

 

For more information on Islamic governance and judicial processes, see the following link:

http://z14.invisionfree.com/Shield_of_Islam/index.php?showforum=31

 

May Allah (subhana wa ta’laa) grant us all hidayah. Ameen.

 

Allahu alim

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