The time term of the Khaleefah in office is not determined by a fixed period. As long as the Khaleefah is abiding by the Shar’a, executing its laws and able to perform the duties of the state and the responsibilities of the Khilafah, He remains in office. This is because the texts concerning the Bay’ah came as indefinite (Mutlaq) and they are not restricted to any specific period of time. Anas ibn Malik reported that the Messenger of Allah (pbuh) said:

“Do hear and obey, even if you were ruled by an Abyssinian slave, whose hair is like the raisin.” In another narration He (pbuh) said:

“As long as He leads you by the Book of Allah.” Besides, all the Khulafaa’ Ar-Rashidoon were given an indefinite (Mutlaq) Bay’ah which is the one mentioned in the Ahadith. They were not of a limted period (in office). Each one of them assumed the post of Khilafah until He died; and this represents a general consensus from the Sahabah (r.a.), confirming that the Khilafah is not of a limited term of office but is unrestricted. Thus if a Khaleefah is given a Bay’ah, He remains in office until He dies.

However, if the Khaleefah underwent a change that made him unfit for the post, or necessitated his removal, his term would be terminated and He would be removed. Though this cannot be interpreted as a limitation to his Khilafah term, but merely to indicate that a breach of the Khilafah’s conditions has occurred. The wording of the Bay’ah, confirmed in the Shari’ah texts and the general consensus of the Sahabah makes the Khilafah of an unlimited term of office. It is rather restricted in terms of the Khaleefah’s undertaking of what He was given the Bay’ah for, i.e. to rule by the Book and the Sunnah and to execute their laws. If He did not uphold the Shar’a or did not implement it, then He must be removed.

The system of appointing a crown prince for ruling is considered to be a “Munkar” (evil act) in the Islamic ruling system and it contradicts Islam completely. This is because the authority belongs to the Ummah and not to the Khaleefah. If the Khaleefah represents the Ummah in authority, which remains always hers, how could He give this authority to someone else? What Abu Bakr did for ‘Umar was not to appoint him as a crown prince, but merely a selection by the Ummah during the lifetime of the Khaleefah, and then the Bay’ah took place after his death.

Despite all this, Abu Bakr took a great deal of care in his speech to make it clear that it was not a succession; so He made it dependant on the people’s consent. He addressed the people once his mind was made up about who was going to nominate and He said: “Do you accept the one I designate for you? For by Allah (swt) have not spared any effort and I have not chosen a relative.” On this same basis, ‘Umar nominated his son ‘Abdullah with the “Six” whom He considered to have the right of selecting a Khaleefah, and stipulated that his son would not have a say in the matter (of Khilafah) whatsoever, but would merely voice his opinion, thus making sure that there was not the slightest doubt that it was not an appointment of a crown prince. This was contrary to what Mu’awiya did by appointing his son Yazeed that contradicts the Islamic system. The reasons that led Mu’awiya to innovate this “Munkar” were:

1. He used to understand the state leadership as monarchy and not Khilafah. This was clearly demonstrated in his speech to the people of Al-Kufa once peace was established. He said: “O people of Al-Kufa! Do you think I fought you over the prayer, Zakat and Hajj, when I knew all along that you do pray, give the Zakat and perform the Hajj? No, I fought against you because I wanted to preside over you and over your necks; and Allah has given me that though you disliked it. Beware, any money and blood which has flowed in this Fitna will go unavenged, and every condition I accepted (before peace was reached) is under my two feet (i.e. have no value).”

Ibn Aby Sheebah also narrated in his book (Musannaf) from the way of Said bin Suwaid, He said: Mu’awiyah prayed the juma’ah for us in the nakheelah, and then He gave us khutbah (preach)…

Al-Bukhari also narrated this in the Great History.

Look at him when He admits that He contradicts Islam. He also admitted that He fought people to preside over them and over their necks. He goes beyond this to that which is more offensive and grevious by saying to the people that every condition He agreed to had come under his two feet. Whereas Allah (swt) says:

“Fulfill your oaths, verily you are responsible for them.” [TMQ Al-Isra’: 34]

From this statement, you can see that He declares that He does not abide by Islam. The manner by which Yazid was elected even clearly demonstrates that He deliberately intended to contradict Islam, for the sake of making him the crown prince according to his own understanding. This is because He sought the opinion of all the people, but nobody agreed with him. He used money, and still nobody responded except those who had no place in society and carry no weight in the sight of the Muslims. Then He resorted to the sword. Historians like Ibn Kathir and Ibn al-Athir narrated that after his Wulah (governers) failed to take the Bay’ah to Yazid in Hijaz, Mu’awiya went there himself accompanied by the army and loaded with money. He summoned the prominent figures and said to them: “You have known my conduct towards you and my familial ties with you, Yazid is your brother and your cousin. I wanted you to propose Yazid for the Khilafah, so that you would be the ones who remove and appoint, who put people in authority and collect and distribute the funds. ‘Abdullah ibn Al-Zubayr replied to him that He should either choose what the Messenger of Allah (pbuh) did, when He (pbuh) did not designate anyone, or what Abu Bakr did, or what ‘Umar did? Mu’awiya became angry and He asked the rest of the people, and their reply was the same as Ibnul-Zubayr. Upon this Mu’awiya said: “You have been warned! I am going to speak a word, and I swear by Allah that if any of you replied to me by uttering a word on that occasion, He would not utter another word before the sword had reached his neck. So every man has only to spare himself.” Then He ordered the chief of his guards to place two men behind every prominent person of Hijaz and every opponent, with the instructions that if any of them answered him back with agreement or disagreement, to strike his neck with their swords.

Thus, Mu’awiya executed his plan in appointing his son Yazeed.

The basis upon which Mu’awiya depended on in appointing his son Yazeed after him contradicts Islam. ‘Umar described it by saying: “If a man gave authority to someone because of a relationship or a friendship between them while there were among the Muslims men better qualified than him, He would betray Allah, His Messenger and the believers.”

2. Mu’awiya manipulated the Shari’ah texts and misinterpreted them. Islam has left the right of choosing the Khaleefah in the hands of the Muslims. The Messenger of Allah (pbuh), did so, and He left the matter to the Muslims to choose who was best to run their affairs. However, Mu’awiya misapplied the implementation of the Bay’ah by making the ruling after him to his son Yazeed as the Byzantians and Sasans used to do, so He used tricks by taking the Bay’ah to Yazeed during his lifetime.

3. Mu’awiya’s method of Ijtihad in political matters used to be based on benefit. Therefore, He made the Shari’ah laws conform to the reality at hand and not to treat it, so He interpreted the rules to conform to that issuse. He should have followed the Islamic method of Ijtihad by making the Book of Allah (swt) and the Sunnah of His Messenger (pbuh) the basis for his Ijtihad and not taking the material benefit as a basis. He should have taken the Islamic laws to solve the problems of his time and not take the problems of his time to treat the Islamic laws, by twisting, changing and violating these laws.

It is worth mentioning that appointing the son, as a crown prince did not make the son Khaleefah after his father. He was rather appointed by a new Bay’ah that is taken from the people, as a contrac and obedience, after the death of the previous Khaleefah. However, the implementation of the Bay’ah was sometimes done badly. So, instead of taking it by free will, it was taken by force. Anyhow, the Bay’ah was, at all times, the method of appointing the Khaleefah during the life of the Islamic State. Thus, the Khilafah was convened to him by the Bay’ah and not by hereditary transmission or succession to power.

The Khilafah post is not contracted to a person by a designation or by being named as a crown prince, for it is a contract between the Muslims and the Khaleefah. In order to be contracted it is stipulated that the Muslims should give the Bay’ah, and the person they gave their Bay’ah should accept it. Designation or appointing of a crown prince does not fulfill that so that cannot contract Khilafah. Accordingly, the contract of Khilafah is not contracted if a Khaleefah nominated another Khaleefah to succeed him, for He does not have the right to contract it. Khilafah is also the right of the Muslims and not of the Khaleefah, thus the Muslims contract it to whomsoever they wish. Therefore it is wrong as well for the Khaleefah to designate someone else, i.e. to promise him the post. For it would be giving him something He does not own; which legally forbidden. So if the Khaleefah designated another Khaleefah, whether He was his son or his relative or any other, this would be forbidden and the Khilafah would never be contracted to him. This is because those who own the contract did not convene it; therefore it would be an uncommisioned contract and thus invalid.

As for the claims that Abu Bakr had designated ‘Umar and that ‘Umar had designated the “Six” and that the Sahabah did not object and kept silent, indicating general consensus. These claims do not in fact indicate the permissibility of designating or appointing of a crown prince. This is because Abu Bakr had not designated a Khaleefah but merely consulted the Muslims regarding whom they wanted to be their Khaleefah, and ‘Ali and ‘Umar were nominated as candidates. The Muslims then chose ‘Umar by a majority during the last three months of Abu Bakr’s Khilafah. After his death, the Muslims came and gave their Bay’ah to ‘Umar; only then was the Khilafah post contracted to him. For up to that moment, i.e. before the Bay’ah, He was not a Khaleefah and the Khilafah had not yet been contracted to him, neither by Abu Bakr’s nomination, nor by the Muslims choice. It was contracted only when they gave him their Bay’ah and when He accepted it. As for ‘Umar’s designation of the “six”, this was merely a nomination for them in response to the Muslims request. Then ‘Abdul-Rahman ibn Awf consulted the Muslims as to which of the six they wanted to become their Khaleefah. So most of them chose ‘Ali if He adhered to Abu Bakr and ‘Umar’s actions, otherwise ‘Uthman. When ‘Ali declined to follow the actions of Abu Bakr and ‘Umar’, ‘Abdul Rahman gave his Bay’ah to ‘Uthman and then the Muslims gave him their Bay’ah.

Therefore, the Khilafah was contracted to ‘Uthman by the people’s Bay’ah and not by ‘Umar’s nomination, nor by the people’s choice. For if people had not given him their Bay’ah and if He had not accepted the Khilafah post. This would not have been contracted. Therefore, the Bay’ah of the Muslims to the Khaleefah is fundamental, and it is forbidden to contract Khilafah by appointing a crown prince or by designation, for it is a contract of authority (Wilayah) that should fulfill the rules of contracts.

When Shar’a made it incumbent upon the Ummah to appoint a Khaleefah upon her, it determined for her the method by which the Khaleefah is appointed. This method is proved in the Kitab, the Sunnah and the ‘Ijmaa’ of the Sahabah. This method is the pledge of allegiance (Bay’ah). So the Bay’ah of the Muslims draws the appointing of the Khaleefah to him in accordance with the Kitab of Allah and the Sunnah of Rasul Allah (pbuh). The fact that this method is the Bay’ah is proved by the Bay’ah of the Muslims to the Prophet (pbuh), and from the order of the Messenger to us to pledge Bay’ah to the Imam. It is important to stress that the Bay’ah of Muslims to the Messenger (pbuh) was not a Bay’ah on Prophethood, but a Bay’ah over ruling. This is because it was regarding action not belief. Therefore, Rasul Allah (pbuh) was pledged an allegiance as a ruler, and not as a Prophet or a Messenger. This is due to the fact that acknowledgement of the Prophethood and Messengership is linked intrinsically to belief (Iman), and not the action of Bay’ah. The Bay’ah to him (pbuh) was only in his capacity as the head of the state. The Bay’ah was mentioned in the Qur’an and Hadith. Allah (swt) says:

“O Prophet! If the (female) believers come to you to take the oath (Bay’ah) that they will not associate (in worship) anything whatever with Allah, that they will not steal, that they will not commit adultery, that they will not kill their children, that they will not utter slander, intentionally forging falsehood, and they will not disobey you in any just matter (Ma’roof), then receive their oath (Bay’ah).” [TMQ: Mumtahinah: 12]

In another verse, Allah (swt) says:

“Verily those who pledge their allegiance to you do no less than pledge their allegiance to Allah: The Hand of Allah is over their hands.” [TMQ Al-Fath: 10] Al-Bukhari narrated: “Ismail told us, Malek told on the authority of Yahya bin Sa’eed who said: Ubadah bin Alwaleed told me, that my father told me on the authority of Ubadah bin-us-Samit who said:

‘We have pledged allegiance to the Messenger of Allah to listen and obey in ease and in hardship and that we do not dispute the matter (authority) with its people and that we stand for or speak the truth wherever we were and that in the service of Allah we would fear the blame of no one.’” Al-Bukhari also narrated: “‘Ali bin ‘Abdullah told us, ‘Abdullah bin Yazid, Saeed bin Abi Ayyoub said: ‘Abu Aqeel Zahrah bin Ma’bad on the authority of his grandfather ‘Abdullah bin Hisham who has seen the Prophet, his mother Zainab daughter of Humaid took him to Rasul Allah and said: ‘O Messenger of Allah take his Bay’ah’, the Prophet (pbuh) said:

‘He is young’, and He stroked over his head and prayed for him.’” Al-Bukhari also narrated: “Abdan told us on the authority of Abi Hamza, from Ala’mash, from Abi Saleh, that Abu Hurayra said: The Prophet said:

‘There are three types of people whom Allah would not talk to nor would He praise or purify them on the Day of Judgement, and they will be subjected to severe punishment: A man who has water to spare and would not give it to the wayfarer, and a man who gives his Bay’ah to an Imam for his own good, if He gave him what He wanted He would be loyal to him, otherwise He would not, and a man who offers another man goods for sale after Asr prayer, swearing by Allah that He was given so much price for it, and so He believed him and took the goods, while He was not given that price for it.’” [Narrated by Bukhari and Muslim] These three Ahadith are explicit that the Bay’ah is the method of appointing the Khaleefah. In the Hadith of Ubadah, the Messenger (pbuh) took the Bay’ah to listen and obey; this is with respect to the ruler. In the Hadith of ‘Abdullah ibn Hisham He refused his Bay’ah because He was still a child, which confirms that it is a Bay’ah over ruling. The Hadith of Abu Hurayra is explicit that it was a pledge of allegiance to an Imam, and the word was mentioned without “The” to indicate any Imam. There are other Ahadith that refer to the Bay’ah of an Imam. In Muslim, the Messenger of Allah (pbuh) said:

“Whosoever pledges allegiance to an Imam by giving him the clasp of his hand and the fruit of his heart, let him obey him if He is able to do so, but if another comes along to dispute with him, then kill the other.”

Also in Muslim, Abu Saeed Al-Khudri said: The Messenger of Allah (pbuh) said:

“If two Khulafaa’ were pledged allegiance, then kill the latter of them.” Muslim narrated on the authority of Abu Hazim who said: “I accompanied Abu Hurayra five years and I heard him talk about the Prophet (pbuh) saying:

‘Banu Israel used to be governed by Prophets, every time a Prophet died, another came after him, and there is not Prophet after me. There will be Khulafaa’ and they will number many.’ They said: ‘What would you order us to do?’ He (pbuh) said: ‘Fulfill the Bay’ah to them one after the other, and give them their due right, surely Allah will account them for that which He entrusted them with.’” The texts are explicit in the Book and Sunnah that the method of appointing a Khaleefah is by the Bay’ah. This was understood and practiced by all of the Sahabah. Abu Bakr was pledged a special Bay’ah in the hall of Bani Sa’idah, and a public Bay’ah in the Masjid. Then others who were absent from the Masjid like ‘Ali ibn Abu Talib gave him the Bay’ah later on. ‘Umar was also pledged a Bay’ah from the Muslims, as were ‘Uthman and ‘Ali. So the Bay’ah is the only legitimate method of appointing a Khaleefah for the Muslims.

The practical forms of the procedure of this Bay’ah are clear from the appointment of the four Khulafaa’, who directly succeeded the Prophet (pbuh) after his death. They were, Abu Bakr, ‘Umar, ‘Uthman, and ‘Ali, may Allah (swt) be pleased with them. All of the Sahabah remained silent to thisand accepted it, it is inconceivable that they could have accepted it if it was against the Shar’a. This is because it is related to a vital matter, upon which rely the stature of the Muslims and the preservation of the rule by Islam. If we follow the development of the appointment of those Khulafaa’, we find that some Muslims had discussions in the hall of Banu Saidah, and those who were proposed to rule were Sa’d, Abu ‘Ubaydah, ‘Umar, Abu Bakr and none other. As a result of the debate, the Bay’ah was given to Abu Bakr. The next day the Muslims were called to the Masjid and in turn pledged their Bay’ah. So the Bay’ah of the Saqeefah was a Bay’ah of appointment (contract), by which He became Khaleefah for the Muslims. However, the second Bay’ah in the Masjid the following day was a Bay’ah of obedience. When Abu Bakr felt that his illness carried with it death, He invited the Muslims and consulted them with regards to who could be a Khaleefah for the Muslims after him. The opinion during these consultations was focused on ‘Ali and ‘Umar and no one else. He continued in making these consultations for three months. When they were complete and He knew the opinion of the majority of the Muslims, He announced to them that ‘Umar would be the Khaleefah to succeed him. Upon his death directly, the Muslims came to the Masjid and pledged their allegiance to ‘Umar for Khilafah. So with this Bay’ah ‘Umar became the Khaleefah for the Muslims, and not with the consultations, nor with the announcement of Abu Bakr. When ‘Umar was stabbed, the Muslims urged him to nominate a Khaleefah, but He refused. They were forceful in their insistence, so He relented and nominated six. After his death the nominees delegated one of them, namely ‘Abdul Rahman ibn ‘Awf and He in turn consulted the Muslims. They chose ‘Uthman and He became the new Khaleefah, not by the choice of ‘Umar or by the announcement of ‘Abdul Rahman. When ‘Uthman was murdered, the whole of the Muslims pledged allegiance to ‘Ali in Madina and Kufa, so He became Khaleefah with the Bay’ah of the Muslims.

So from this, it is clear that the only method, which Islam determined for the appointment of the Khaleefah, is the Bay’ah with the consent and selection of the Muslims.

In terms of the practical measures, by which the Khaleefah is contracted before He is pledged allegiance, they may take different styles, as was the case with the Khulafaa’ Ar-Rashidoon, where no particular style was adhered to. Each Khaleefah was chosen in a style different from the other. This was witnessed by the Sahabah, may Allah be pleased with them, and was by their consent, which represents their consensus Ijmaa’. It indicates that it is not incumbent to adhere to a specific style for the appointment process; rather the appointment process may be completed by various styles, as outlined below:

1. A multitude from the people in the centre (capital) of the Khilafah state, or the influential people there, or those who represent the majority of the Muslims, or the best prominent people qualified for the post of the Khilafah. They may meet after the death of the Khaleefah or his resignation or dismissal, and nominate one or more persons exclusively for the position of Khaleefah, then they choose one of them, in any style they see fitting. Afterwards they give him a pledge of contract to listen and obey in accordance with the Book of Allah (swt) and the Sunnah of the Messenger of Allah (pbuh). Upon completion of this Bay’ah of contract, the Khaleefah, or whoever represents him, sits down to receive the Bay’ah of obedience from the Muslims. This is like what happened with Abu Bakr after the death of the Prophet (pbuh). Ansar met at the Saqeefah of Banu Sa’idah to pledge allegiance to their leader Sa’d ibn Ubadah, then Abu Bakr, ‘Umar, and Abu ‘Ubaydah arrived before the Bay’ah to Sa’d was concluded. Serious discussion took place between them and Shar’a, which reached the level of a heated debate. After fair exchanges, the matter turned towards Abu Bakr’s favour so He was pledged unanimously by all those in attendance at the Saqeefah, except Sa’d ibn Ubadah who abstained. This Bay’ah to Abu Bakr in the Saqeefah appointed him to the position of Khaleefah. The following are the events that took place in the Saqeefah:

Ibn Hisham reported in his book of Seerah that Ibn Ishaq said that when the Ansar met in the Saqeefah, ‘Abdullah ibn Abu Bakr narrated from the way of ‘Abdullah ibn Abbas that He said that ‘Umar said, “…from our news when Allah took His prophet (pbuh) to death, the Ansar disagreed with us. They met with their leaders in the saqeefah of Banu Saa’idah. ‘Ali bin Aby Talib, Zubair bin al- Awwam and others did not join us. The Muhajiroon gathered with Abu Bakr, so I said to Abu Bakr; ‘Let us rush to these brothers from the Ansar.’ So we rushed to them…” Then ‘Umar continued; “…until we came to them in the Saqeefah of Banu Saa’idah. All of a sudden there was amongst them a cloaked man. I asked, ‘Who is this?’ They replied, ‘Sa’d bin ‘Ubadah.’ I then asked, ‘What is the matter with him?’ They said, ‘He is not well.’ When we sat down, their speaker said the Shahadah, then praised Allah and said, ‘After all, we are the Ansar of Allah, and the battalion of Islam, and you, the people of the Muhajiroon, are part of us. A group of your people rushed in…’ Then He said, ‘Suddenly they wanted to depose us from our origin and usurp the matter (power) from us.’ When He stopped speaking, I wanted to speak. I prepared in my mind a word that I liked, and wished to present it before Abu Bakr and I was hiding my anger from him. Abu Bakr said, ‘Oh ‘Umar, be patient’, so I hated to make him angry. He spoke and He was more knowledgeable and more respected than me. By Allah, He did not leave any good word I had prepared, save He said it or the like of it, or better than it, by his nature until He finished. He said, ‘As regards what you said of good (khair) in you, you are worthy of it. The Arabs would not acknowledge this matter (power) except to this tribe from Quraish. They are in the heart of the Arabs in terms of lineage and place. I accept from you one of these two men, so give Bay’ah to whom you like from them.’ He took my hand and the hand of Abu ‘Ubaydah bin al-Jarrah while He was sitting between us. I did not hate what He said except that, by Allah, I preferred that I be killed, without becoming sinful, rather than become an Ameer over a people whom Abu Bakr is part of.”

‘Umar continued, “Some speaker from the Ansar said, ‘I am the one who is most fit and most experienced for it. One Ameer is from us and one Ameer is from you, Oh people of Quraish.’” He continued; “Noise increased and voices rose until I feared that disagreement would occur. So I said, ‘Extend your hand O Abu Bakr.’ He extended his hand so I gave him the Bay’ah, then the Muhajiroon gave him the Bay’ah, then the Ansar gave him the Bay’ah. We leapt over Sa’d bin ‘Ubadah. One of them said, ‘You killed Sa’d ibn ‘Ubadah.’ I said, ‘May Allah kill Sa’d bin Ubadah.’” Ibn Katheer narrated in the prophetic Seerah similar to that.

At-Tabari narrated: “That Abu ‘Ubaydah bin al-Jarrah had intervened in the matter (discussion) at the crucial moment. So He stood up and spoke to the Ansar and said: “O people of the Ansar, you were the first have changed and reverted”.

When Al-Ansar heard these words from Abu ‘Ubaydah they were moved. So Bashir ibn Sa’d from the leaders of Al-Khazraj stood up and said: “By Allah, even if we were of great advantage in the Jihad against the Mushrikeen, and the precedent in this Deen, all we only wanted from that was the pleasure of our Lord, the obedience of our Prophet, and to strive for ourselves. It is not fitting that we be insolent in this over the people, and we do not seek the pleasure of this world, for Allah is the Provider of this honour to us. Nonetheless, Muhammad (pbuh) is from Quraysh, and his tribe are more appropriate and deserving, and by Allah, I do not want Allah to see me ever dispute with them in this matter. So fear Allah, and do not disagree or contest with them.”

This word of Bashir was comforting, and the people of Al-Khazraj were convinced by it.

At this moment, Abu Bakr took by the hands of ‘Umar and Abu ‘Ubaydah, as He was sitting between them, and said to the Ansar: “This is ‘Umar, and this is Abu ‘Ubaydah, you can pledge allegiance to whoever one of them you wish,” and He called them to stick together, and warned them against dissent.

Umar here, witnessing the argument and fearing of the disagreement, raised his voice and shouted: “Stretch out your hand Abu Bakr.” Abu Bakr stretched out his hand, and ‘Umar pledged allegiance to him, saying: “Did not the Prophet order that you lead, O Abu Bakr, the Muslims in prayer, so you are the Khaleefah of Rasoolullah. We are pledging allegiance to you so as to pledge allegiance to the best beloved person by Rasoolullah of us all.” Then Abu ‘Ubaydah stretched out his hand and pledged allegiance to Abu Bakr, saying: “You are the best of Al-Muhajireen, and the only and second companion in the cave, and the Khaleefah of Rasoolullah in prayer, the best of the Muslims in Deen. Who else is supposed to come before you, or take care of this matter over you?”

Al-Bashir ibn Sa’d rushed and pledged his allegiance to Abu Bakr. Usaid ibn Hudhayr, head of Al-Aws, looked up to his people who witnessed what Bashir ibn Sa’d had done, and said to them: “By Allah if Al-Khazraj were to be appointed once, they will still have with this the advantage over you, and they would not make to you any share in it with them at all. So stand up and pledge allegiance to Abu Bakr.” The Al-Aws stood up and did so. Then people rushed and pledged allegiance to Abu Bakr, until the place of the Saqeefah was overflowing with the crowds.

The Bay’ah of the Saqeefah (hall) was thus concluded, and the body of Allah’s Messenger (pbuh) was still laid on his bed unburied. Once the Bay’ah was concluded, people dispersed from the hall. The next day, Abu Bakr sat in the Masjid, and ‘Umar stood up and addressed the people, apologising for what He uttered that the Messenger of Allah (pbuh) had not died, then He went on to say “And verily Allah has left you His Book by which He guided His Messenger, so if you held on to it, Allah would guide you as He did with His Messenger, and verily Allah has united your affairs (authority) over the guardianship of the best man amongst you, the companion of Allah’s Messenger (pbuh) and the second man in the cave, so get up and give your Bay’ah.” Then all the people did so, and the Bay’ah was concluded. Abu Bakr then stood up and addressed the people; it was his first Khutba as Khaleefah, He said: “O people, I have been appointed upon you as your leader even though I am not the best amongst you, so if I do right help me, and if do wrong correct me. Truth is a trust and lying is treason, the weak amongst you is strong before me till I return to him his right, Allah willing, and the strong amongst you is weak before me till I take the right from him Allah willing. Any people who abandon Jihad in the way of Allah, Allah will strike them with humiliation. If indecency spread amongst any people, Allah would subject them to great tribulations. Do obey me as long as I obey Allah and His Messenger. If I ever disobeyed Allah and His Messenger, I am not entitled to your obedience to me. Get up for prayer, may Allah send His mercy upon you”.

This is briefly how Abu Bakr was elected for the Khilafah, and how the Bay’ah was given to him. The difference that occurred between the Ansar and the Muhajireen over the Khilafah post was a type of nominating process regarding the post of Khilafah from both sides. After Abu ‘Ubaydah and Bashir Ibnu Sa’d gave their speeches, the scale of the Muhajireen tipped over, then Abu Bakr emerged as favourite and was given the Bay’ah by those present in the Saqeefah except Sa’d ibn Ubadah. Thus the first Bay’ah of the Saqeefah was the Bay’ah of contract, while the Bay’ah of the Masjid, in the next day, was that of obedience.

In this style of appointing Abu Bakr, it is noticed that a multitude of the people of the Noble Madinah, which is the state capital, met and discussed and debated harshly. Some people were nominated for the Khilafah post, limited to Sa’d, Abu Bakr, ‘Umar and Abu ‘Ubaydah. Then the opinion turned to the advantage of Abu Bakr so He was given the Bay’ah.

2. That the Khaleefah by his own initiative or by the people’s request, resolves to consult the people or the influential people or their leaders and chiefs, when He feels that his life will shortly end, as to whom they want to be a Khaleefah over them after him. Then, the Khaleefah, recommends to them a person to be Khaleefah over them after his death. After the death of the Khaleefah, the Muslims give their Bay’ah to the nominated person, so as to be Khaleefah over them. Their Bay’ah to him contracts the Khilafah to him. Thus He becomes Khaleefah over them with this Bay’ah and not through the nomination of him by the previous Khaleefah.

This is like what happened with Abu Bakr when He nominated ‘Umar. When Abu Bakr was seriously ill and He thought He was going to die, He spoke to all the people and said: “Verily Allah has sent upon me what you yourselves can perceive (of death), and I do not see anything other than death approaching me because of my disease. So Allah has freed you from your oaths which you gave in the pledge to me, and dissolved my knot binded upon you. He (swt) has returned the matter of your leadership to you, so appoint over yourselves whichever person you like. This is because if you appointed (somebody) while I am alive it would be more appropriate, so that you do not differ after me.

The people could not agree as to who should succeed Abu Bakr. They returned to him and said: “Our opinion, O Successor to the Messenger of Allah (pbuh), is your opinion.” Abu Bakr said: “Perhaps you will disagree (with my decision)?” They said: “No (we will not)”. So He said: “Then will you swear by Allah to accept my decision?” They replied: “Yes.” Then He said: “Give me time to see what is best for Allah, His Deen, and His servants.”

This was a clear authorisation from the Muslims for Abu Bakr to select a Khaleefah for them. It was Abu Bakr who understood what was circulating in the minds of the most senior companions, and because He felt that it was the wish of every one of them to be Khaleefah, He took the oath from them.

With this authorisation, Abu Bakr made numerous consultations with the senior companions. He consulted in confidence with ‘Abdul Rahman ibn Awf, ‘Uthman ibn Affan, Saeed ibn Zayd, Usayd bin Hudhyr. The choice that revolved in his mind was for either ‘Umar or ‘Ali. However, later on his opinion settled on ‘Umar and He consulted the people in an open consultation. He looked over to the people from his house, while his wife and daughter held him and He addressed the people saying: “Do you accept whom I appoint for you? For by Allah, I have not spared any effort regarding my opinion, nor have I appointed a relation.” They said: “Yes.” He continued saying: “I appoint ‘Umar ibn al-Khattab to succeed me, so listen to him and obey him.” Then the people replied, “We heard and we will obey”. Upon hearing that Abu Bakr raised his hands to the sky and said “O my Lord! I did not want by that choice except their interest, and I feared that they might fall in Fitna, so You know better about what I have done to them. I have exerted my opinion for them and appointed upon them the strongest and most concerned of them about what is best for them.” The people heard his prayer, and were filled with confidence about his decision. After the death of Abu Bakr, ‘Umar went to the Masjid and the people came to him in large numbers to give their Bay’ah, and no one stayed back except Talha. ‘Umar remained in the Masjid from the morning until Zuhr time, and the number of people who came to give their Bay’ah increased, until at Zuhr time the Masjid was completely full. ‘Umar stepped up onto the Minbar, one step below the one which Abu Bakr used to stand on, praised Allah, sent blessings to His Prophet, and mentioned Abu Bakr and his points of excellence. He then said: “O people, I am but a man from amongst you, and if it wasn’t because I disliked disobeying the request of the successor of the Messenger of Allah (Abu Bakr), I would not have taken charge over you.” He then turned his eyes to the sky and said: “O my Lord!, I am harsh, so make me soft. O my Lord! I am weak so make me strong. O Lord, I am miserly so make me generous.” Then He stopped for a while and said: “Verily Allah is testing you with me, and testing me with you, and He has left me with you after taking away my companions. By Allah (swt) I will not authorise anybody (to dispose) of any of your affairs that reaches to me nor will spare any effort to authorise the efficient and the reliable in any affair that is far from me. If they (the authorised people) did well I would do well with them, and if they did bad I would punish them. Then He rose up, and led the people in prayer. This was the Bay’ah for ‘Umar ibn al-Khattab from the people in the Masjid, and it was this that contracted the Khilafah to him, and it was this Bay’ah that made it obligatory upon the people to obey him.

As for the choice of Abu Bakr it was only a nomination for him to the Khilafah post, and a limitation to the nomination of ‘Umar alone. Khilafah was not convened to ‘Umar by this nomination, nor was obedience obliged to him. He did not become Khaleefah except after the Bay’ah of the people was given to him in the Masjid.

Following up the proceedings of this style, by which ‘Umar ibn Al–Khattab became Khaleefah to the Muslims, we see that it is different from the style by which Abu Bakr was appointed as a successor to the Messenger of Allah (pbuh) over the Muslims

3. While He is dying, by his own initiative or by request from the Muslims, the Khaleefah recommends some people, who are qualified for the position of Khilafah, to select after his death, one from amongst themselves by consultation, to be Khaleefah over the Muslims after him, within an assigned period of time that does not exceed three days. After this, the group selects one man from amongst themselves to be Khaleefah, by the style they agree upon. The name of the Khaleefah then is declared to the Muslims, and the Bay’ah is taken for him from them, this person becomes Khaleefah of the Muslims by this Bay’ah, and not by the selection of that small group, which was recommended by the previous Khaleefah.

This is similar to what happened with ‘Umar ibn al-Khattab when He was stabbed, and later died from that wound. The Muslims came to him and requested him to assign a Khaleefah after him. He said: “Whom should I make Khaleefah? If Abu ‘Ubaydah ibn Al-Jarrah were alive I would have recommended him to be Khaleefah. If my Lord asked me why, I would say: I heard your prophet say:

‘He (Abu ‘Ubaydah) is the secretary of this Ummah.’ If Salim, servant of Abu Huzayfah was alive, I would have recommended him. If my Lord asked me why, I would say: I heard Your prophet say:

“Salim’s love for Allah is great.” One of the Muslims said to him: “Recommend your son ‘Abdullah.” He said: “May Allah fight you, by Allah you did not seek Allah’s pleasure by this opinion.Woe to you! How can I recommend a man who was unable to divorce his wife? There is no desire for us (Aal Al-Khattab) in your affairs. I did not praise it (Khilafah) so as to like it to be for anyone from my family. If this matter (of Khilafah) was good then we have got our share. If it was bad then it is enough for Aal ‘Umar that one person from them be accounted and be asked about the affairs of the Ummah of Muhammad. Really, I exerted myself and I deprived my family. If I managed to save myself sufficiently without sin and without reward, then I am happy.” The Muslims went out from his room and left him to think. Then they referred to him again and asked him to recommend somebody, out of concern for the interest of the Muslims. He said to them: “You have this group whom, when the Messenger of Allah (pbuh) died, He was pleased with them, and He said about them: They are the people of paradise: ‘Ali ibn Talib, ‘Uthman ibn Affan, Sa’d ibn Abi Waqqas, Abdur Rahman ibn Awf, Az- Zubayr ibn Al Awwam, and Talha ibn Ubaydullah. Let ‘Abdullah ibn ‘Umar be with them, but let him have only an opinion without having any consideration in the matter of Khilafah.” ‘Umar advised these six people to select a Khaleefah, and appointed to them a three-day time limit. After a long talk with them He said: “When I die, consult for three days, and let Suhaib (in these days) lead the Muslims in prayer. Do not let the fourth day come without having an Ameer upon you.” He also appointed Abu Talha Al- Ansari to protect the gathering and to encourage them in their task, and He said to him: “O Abu Talha, Allah (wswt) has helped Islam by you (i.e. the Ansar) so select fifty men from the Ansar, and urge these (six) people to select one from amongst them.” He asked Al-Muqdad ibn Al-Aswad to select the place of the meeting and said to him: “After you put me in my grave, gather these (six) people in a house till they select one man from themselves.” Then He asked Suhaib to monitor the meeting and said to him: “Lead the people in prayer three days, and let ‘Ali, ‘Uthman, Az- Zubayr, Sa’d, ‘Abdul Rahman ibn Awf, and Talha, if He came back (from his travel) and bring in ‘Abdullah ibn ‘Umar, without allowing him any personal interest in the matter, and stand at their heads (i.e. supervise them). If five agreed and accepted one man, while one man rejected, then hit his head with the sword (kill him). If four consented and agreed on one man, and two disagreed, then kill the dissenters with the sword. If three agreed on one man and three disagreed then let ‘Abdullah bin ‘Umar arbitrate. The group that ‘Abdullah ibn ‘Umar judged for, let them select one from them. If they did not accept the judgement of ‘Abdullah ibn ‘Umar, then be (all of you) with the group in which is ‘Abdul Rahman ibn Awf, and kill the rest if they declined to accept what the people agreed upon.” Then He asked them to leave the discussion about the Khilafah until He died.

After ‘Umar’s death and his burial, the group that ‘Umar had nominated gathered except for Talha who was in travel. It is reported that their meeting took place in ‘Umar’s house, and ‘Abdullah ibn ‘Umar was with them. They asked Abu Talha Al Ansari to shield them. Once they settled, ‘Abdul-Rahman ibn Awf said: “Who would take himself out of it (the Khilafah) and preside over the meeting on condition that He gives it to the best among you?” That is, who would renounce his right to the Khilafah, on condition that everyone makes him judge (arbitrator), to choose by himself a Khaleefah from amongst them as He deemed fit.” Having said this, ‘Abdul-Rahman ibn Awf waited for an answer but no one answered him, so He went on saying: I myself renounce my right to the Khilafah. Upon this ‘Uthman said: “I am the first to accept, for I heard the Messenger of Allah (pbuh) say:

“A trustee on earth is a trustee in the heavens,” Al-Zubayr and Sa’d also said: “We agree”. ‘Ali kept silent; so ‘Abdul-Rahman asked him: “What do you say O Abul Hassan!” ‘Ali replied: “Give me an Oath that you would prefer the truth and not to follow the whims and not to favour any member of your family and not neglect the interest of the Ummah”. ‘Abdul-Rahman replied: “Give me (all of you) your Oaths that you would stand with me against whoever changes, and that you would accept whoever I choose for you (on your behalf) and I give you my Oath that By Allah, I shall not favour a relative nor shall I neglect the interest of the Ummah.” He took an Oath from them and gave them an Oath himself. Then He started to consult each one of them individually saying: “Apart from yourself, who do you think is worthy of this authority from among this group?” or words to that effect. ‘Ali said: “Uthman.” ‘Uthman said: “‘Ali.” Sa’d said: “Uthman,” so did Al-Zubayr. 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 Masjid and stood upon the Minbar (podium) with his sword on donning the “Amama” (head-dress) which the Messenger of Allah (pbuh) gave to him: He stood for a long while then spoke: “O people! I have asked you openly and secretly about your Imam, and I found that you cannot place anyone on the same level as these two men: ‘Ali and ‘Uthman.” Then He turned to ‘Ali and said to him.

“Come to me O ‘Ali!” ‘Ali stood and walked to the Minbar until He came underneath it. ‘Abdul-Rahman took his hand and said: “Would you give me your Bay’ah according to the Book of Allah and the Sunnah of His Messenger and the (actions) of Abu Bakr and ‘Umar?” ‘Ali replied: “By Allah no, but on my own exertion of that and my knowledge” - i.e. I would give you my Bay’ah according to the Book of Allah and the Sunnah of His Messenger according to my own exertion of that and my knowledge of them. As for the actions of Abu Bakr and ‘Umar, I do not adhere myself to them but exert my own opinion.” ‘Abdul-Rahman then released his hand and called: “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 Masjid 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.

If we examine closely this style by which ‘Uthman was appointed to the post of Khilafah, we can realise that it differs from the two previous styles by which Abu Bakr and ‘Umar were appointed.

4. Once the Khaleefah dies, a multitude of Muslims or the influential people (Ahlul Hall Wal ‘Aqd) amongst them, or a group from the people of power (e.g. armed forces) approach a person, who is qualified for the post of Khilafah. They ask him to take over the post so He agrees to them once He realised the consent of the majority of the Muslims, and takes the Bay’ah openly from them. He then becomes Khaleefah through this open Bay’ah from the Muslims and accordingly they become obliged to obey him.

Those who request him to become Khaleefah are merely putting him forward as a sole candidate for the Khilafah post. However, Khilafah is not contracted to him based on this request, but by the Bay’ah of the people, given to him.

This is exactly what happened with ‘Ali ibn Abi Talib, when the rebels killed Khaleefah ‘Uthman ibn Affan. Madina remained without a Khaleefah for five days after him. Its Ameer during that time was Al-Ghafiqi ibn Harb, one of the rebel leaders. Those leaders requested ‘Ali ibn Abi Talib to take over the post of Khilafah. He used to avoid them, then the companions of the Messenger of Allah (pbuh) came to him and said: “This man - meaning ‘Uthman - has been killed and people must have an Imam and in this time we do not see anybody more worthy of the post than yourself, no one is of more precedence than you and no one is nearer than you to the Messenger of Allah”. He said, “Do not put me forward for this post, for I would be a better assistant than an Ameer”. So they said, “No, by Allah we should not do this until we give you our Bay’ah”. He said, “Then this has to take place in the Masjid, for I do not wish for my Bay’ah to be secret, nor to be taken except with the consent of the Muslims”. ‘Abdullah ibn Abbas later commented: “I was apprehensive about him coming to the Masjid for I feared that some people would stir up trouble, but He insisted to go to the Masjid. When He entered the Masjid, the Muhajiroon and the Ansar followed him in and gave him their Bay’ah. Then the people gave him also their Bay’ah as well as the majority of the Muslims despite the absence of Banu Umayyah and some of the Sahabah.

Thus the Khilafah was contracted to ‘Ali ibn Abi Talib through this open Bay’ah of the Sahabah and the Muslims, and it became obligatory upon the Muslims to obey him by this Bay’ah.

If we examine closely the proceedings of this style by which the appointment of ‘Ali ibn Abi Talib was concluded to the post of Khilafah, we can clearly see that it differs from the previous three styles by which the three previous Khulafaa’ had been appointed.

5. When there is a Khilafah state and there is a council representing the Ummah in Shura (consultation) and in accounting the rulers, the Muslim members of the council can nominate exclusive candidates for the Khilafah from among the persons who are qualified for the post and who satisfy all the conditions necessary for contracting the Khilafah.

Once those candidates have been short listed by the council’s members, their names would be announced to the Muslims. A date would then be set to elect one of them to become the Khaleefah. The election would be either carried out by the Ummah or by the Muslim members of the Ummah’s council, according to what is adopted in the constitution of the the Khilafah state. The candidate who gets the largest number of votes, whether from the Ummah, if voting was carried by the Ummah, or from the council, if the voting was carried by the council, his name would then be announced that He got the higest votes, and would then get the Bay’ah of contract from the Ummah’s council, followed by the general Bay’ah from the Ummah, as a Bay’ah of obedience.

The Muslims are permitted to use the five styles listed above for appointing the Khaleefah over them. This can only take place after the death of the Khaleefah, when the Muslims have a Khilafah state, and when Islam is the only system implemented upon them.

If however the Muslims do not have a Khilafah state, nor a Khaleefah, and Kufr systems and rules are implemented on them - as is the case with the Muslims today since the Khilafah state was destroyed in 1924 TheMuslims, or a group from amongst them, or the people of power from amongst them, in one or more of the Muslims countries, can seize power in that country and remove the ruler who governs by the systems and rules of kufr, for the purpose of resuming the Islamic way of life and restoring the ruling by that which Allah brought down (ie. Islam). In this case, it is allowed for those who seized power to recommend one man from the Muslims who is qualified to hold authority and who meets all the conditions required for the Khilafah post. They would gather the influential people in that country or the majority of them, and request of them to give their pledge (Bay’ah) to that person whom they recommended to be a Khaleefah. The influential people would then give him the Bay’ah with consent and selection, on the Book of Allah and the Sunnah of His Messenger. Such a Bay’ah would convene this Khilafah to him. Then the Muslims in that country would give him a general Bay’ah of consent and obedience. After that He embarks immediately on the implementation of Islam completely and without any delay.

Thus, the Khilafah state would return back to life, and the implementation of the rules and systems would start again, and the household in that country would be transformed into an Islamic one (Dar ul-Islam).