The Khaleefah is removed immediately if his status changed in a way that takes him out from the post of the Khilafah. The Khaleefah must be removed if his status changes in a way that does not take him out from the post of the Khilafah, but He is not allowed by Shar’a to continue in his post.
The difference between the case that takes the Khaleefah out from the post of the Khilafah, and the case in which He must be removed is that in the first case, obedience is not compulsory as soon as his status changes. While in the second case, where He must be removed, his obedience remains compulsory until He is effectively removed.
There are three cases that take the Khaleefah out from the post of the Khilafah:
Firstly: If He becomes a Murtad (apostate). This is because one of the conditions of contracting the Khilafah is Islam. This is an initial condition and a condition of continuity. Whoever rejects Islam (commits apostasy) He becomes a disbeliever and He should be killed if He does not renounce his apostasy. It is forbidden for a Kafir to rule over the Muslims, or to have any authority over them, for Allah (swt) says:
“And Allah will never allow for the Kafirs to have a way (authority) over the believers.” [TMQ An-Nisa: 141] Allah (swt) also says:
“O you who believe obey Allah and obey the Messenger and those in authority from amongst you.” [TMQ An-Nisa: 59]
“From amongst you” (Minkum) in the verse, clearly indicates that those in authority must be Muslims. If the person in authority becomes a disbeliever then He is not from amongst us. Thus the characteristic that the Qur’an laid down as a condition for the person in authority, namely Islam, would be absent. The Khaleefah will therefore be taken out of the post of the Khilafah if He commits apostasy. He will then no longer become a Khaleefah of the Muslims, nor will they be obliged to obey him.
Secondly: If the Khaleefah becomes irreversibly insane. This is because sanity is one of the conditions of contracting the Khilafah and it is a condition of its continuity. For the Messenger of Allah (pbuh) said:
“Accountability is lifted in three instances...” to the point where He (pbuh) said:
“the insane until He regains his senses.” In another narration,
“the mad until He is cured.” Whoever is not accountable cannot look after himself, therefore by greater reason He cannot remain a Khaleefah, looking after peoples’ affairs.
Thirdly: If the Khaleefah is imprisoned by a formidable enemy, and can’t free himself from them, and there is no hope of doing so. In this case He should be removed, for his imprisonment makes him completely unable to look after the Muslims affairs, and He would be as if He does not exist.
In these three cases the Khaleefah is taken out of his post of the Khilafah and He should immediately be removed, even if there was no verdict of his removal issued. He is not to be obeyed, and his orders should not be executed by whoever has a proof that the Khaleefah is under any of these three conditions. However, it is necessary to prove if any of these cases happened to him. The proof should be established by the complaints tribunal (Mazalim), which would issue its verdict stating that the Khaleefah had been taken out of the post of the Khilafah and that He should be removed, thus allowing the Muslims to contract the post of Khilafah to someone else.
As to the matters where the Khaleefah is no longer permitted to continue in office but which do not take him immediately out of his post of the Khilafah, these are five:
Firstly: If his justness is invalidated by showing manifest signs of Fisq (wrongdoing). For justness (‘Adaala) is one of the conditions for contracting the Khilafah and for its continuity. So if Allah (swt) stipulated the justice (‘Adaala) in the witness then, for greater reason, it is stipulated in the Khaleefah.
Secondly: If the Khaleefah becomes a female or effeminate. This is because being a man is a contractual condition and a condition of continuity of the Khalifah. This is due to the saying of the Messenger of Allah (pbuh) who said:
“Any people who appoint a woman over their affairs shall never succeed.” [Narrated by Al-Bukhari from Aby Bakrah]
Thirdly. If the Khaleefah suffers from a disorderly mental condition, by losing his mind at times and regain it at others. This is because the mind is one of the contracting and the continuity conditions of the Khilafah, due to what Allah’s Messenger (pbuh) said: “Three types of people are exempted from accountability...” to the point where He (pbuh) said: “...and the mad until He regains his sanity.” The insane cannot conduct and manage his own affairs, and then by greater reason, He cannot manage the people’s affairs. In this case it is forbidden to appoint a caretaker (trustee) or a deputy for him, since the contract of Khilafah has been concluded upon his person, therefore no one else can act on his behalf.
Fourthly: If the Khaleefah is unable to carry out his duties of Khilafah for any reason, whether because of a disability or because of a chronic (incurable) disease which prevents him from performing his functions. The point at issue in this case is his inability to carry out his duties.
This is because the contract of Khilafah is based on performing its tasks. If the Khaleefah was unable to fulfil the contract his removal becomes compulsory, as He would be as if He didn’t exist. If He also could not perform the duties for which He had been appointed as Khaleefah, the affairs of the Deen and the Muslims’ interests would become stalled resulting in an evil (Munkar) that has to be removed. This cannot be acheived except by dismissing the Khaleefah and then the Muslims can appoint another Khaleefah in his place. His removal in this case becomes compulsory.
Fifthly: If the Khaleefah becomes subjugated or coerced in a manner that leaves him unable to conduct the affairs of the Muslims with his own opinion according to the Shar’a. If this had happened to him He would then be considered virtually unable to fulfil the duties of Khilafah. This situation would necessitate his removal. The foregoing scenario has been considered to apply in two cases:
The first case is when a member or members of his entourage or family gain power over him so that they execute the matters arbitrarily and they become high-handed so that they overpower him such that He cannot disagree with them and He is forced to follow their opinion. In this case the matter should be examined. If their coercion could be eliminated within a short period of time He would be allowed to remain in office, so as to remove them and free himself of their influence. If He did this and his ability was restored He would be allowed to remain in office, otherwise He should be removed. He would be subject to immediate removal if there were no hope of freeing himself from such coercion.
The second case is when the Khaleefah falls prisoner to a formidable enemy, either physically or by being under his enemy’s dominance. In this case the matter should be examined. If there is any hope of freeing himself of the enemy He would be given time to do so and restore his authority, otherwise He would be removed. If no hope was in sight, He should be removed immediately.
In both cases He would be virtually unable to fulfil the tasks of the Khilafah by himself according to the Shar’a rules. He would be as if He didn’t exist and unable to carry out the functions over which the Khilafah contract was convened.
In both cases, however, if there was hope of freeing himself He should be given time until freeing himself becomes hopleless, after which He should be removed. If, however, there was no hope at all in the first instance, He should be removed at once.
The Khaleefah should thus be removed whenever any of the five cases listed above occurs. However, He cannot be removed except when a verdict (concerning the situation at hand) has been issued. In all five cases the Khaleefah should always be obeyed and his orders executed until a verdict of his removal has been issued. In each one of these cases the Khilafah contract is not automatically nullified. It rather needs a verdict issued by a judge.