The Institutions of State in the Khilafah by Hizb ut-Tahrir

The Khalifah must satisfy seven contractual conditions in order to qualify for the post and for the Bayah to be valid. If any one of the conditions is absent, the contract appointing the Khalifah would be nullified.

1. The Khalifah must be Muslim. A disbeliever cannot be given bayah and it would not be allowed to obey him if he was. This is because Allah(S.W.T) says: .

And Allah will never (lan) give the disbelievers any way (of authority) against the believers.) [TMQ; 4: 141]..

Through his position a ruler has power over those whom he rules. The term ‘lan’ (never), means the categorical prohibition of the disbeliever (Kafir) from taking a post of authority over the Muslims, whether as Khalifah or any other position in authority. This, therefore, forbids the Muslim to accept the Kafir to rule over them. Allah(S.W.T) has specified that the person in charge of the affairs of Muslims must be Muslim. Allah (S.W.T) says in the Quran: “O you who believe, obey Allah and obey the Messenger and those in authority (Ulil-Amr) from amongst you.” - [TMQ; 4: 59].

He (S.W.T) also says: “When there comes to them some matter touching public safety or fear they divulge it. If they had only referred it to the Messenger or to the people of authority (Ulil- Amr) from among them” [TMQ; 4: 83]

The phrase “Ulil-Amr” is only used when referring to Muslims and never when referring to non-Muslims. This provides further evidence that those in authority must be Muslim. Since the Khalifah is in the highest position of authority and is responsible for appointing others to positions of authority such as his assistants, Walis and ‘amils, he himself, must be Muslim. .

2. The Khalifah must be male. .

The Khalifah must be a man, not a woman. It is narrated by Al-Bukhari that when the Messenger of Allah (S.A.W) heard that the people of Persia had appointed the daughter of Chosroes (Kisra) as queen, he said: .

“People who appoint (Wallau) a woman as their leader will never succeed.” [Bukhari, Sahih. #4425] .

By associating failure with the appointment of a woman as ruler, the Messenger of Allah (S.A.W) indicates that it is forbidden for Muslims. This hadith is in the form of a request that admonished those who appoint a woman to run their affairs. This gives an indication (qarinah) that the request is decisive which means a prohibition on appointing a woman as a ruler. .

The fact that this came in the form of a request, which came in the form of reproaching those who appoint a woman to run their affairs by denying them success, implies a meaning (Qarinah) which indicates decisiveness. Thus, the forbiddance from appointing a woman as a ruler came here linked with a connotation that indicates the decisive forbiddance. So the appointment of a woman as wali amr is prohibited (haram). This includes any post in ruling, whether it is the position of Khalifah or any other post with delegated authority in ruling. This is because the subject of the hadith is the appointment of the daughter of Chosroes as a Queen, and is related to the issue of ruling itself but not specifically to Chosroes’s daughter or the status of a Queen. The Hadith is also not general (‘am) to cover everything related to ruling so it does not include positions within the judiciary, the shura council, accounting the rulers or the election of the ruler. Rather, all of this is allowed for the woman as will be explained in the relevant sections. .

3. The Khalifah must be mature. .

It is forbidden to appoint a child as Khalifah before he becomes mature, which is physically marked by passing puberty. Abu Dawud narrated from ‘Ali Ibn Abi Talib who said that the Messenger of Allah (P.B.U.H) said: .

“Accountability is lifted off three persons: The one who is asleep until he awakes, the boy (adolescent) until he reaches maturity and the deranged until he regains his mind.” (Abu Dawud, Sunan, #4398). .

It has also been narrated from ‘Ali (ra) that Prophet (P.B.U.H) said: .

“The pen has been lifted off three persons: The deranged in his mind till he restores his mind, the one who sleeps till he wakes up and the adolescent till he reaches maturity.” .

Therefore, the person from whom the pen is raised is not responsible for himself, and he is not accountable for his actions under the Shariah. Therefore it is prohibited for him to become Khalifah or to hold any post of authority for he is not responsible for his own actions. Evidence is also derived from what Al-Bukhari narrated from Abu Aqil Zahrah Ibn Ma’bad who reported on the authority of his grand-father Abdullah Ibn Hisham who lived during the time of the Messenger of Allah (P.B.U.H) , that his mother Zainab bint Hamid took him to the Messenger of Allah (P.B.U.H) and said: “O Messenger of Allah, take a bayah from him.” Upon this the Messenger of Allah (P.B.U.H) said: ‘He is young and He (P.B.U.H) wiped over his head and prayed for him.” [Bukhari, Sahih, #7210]..

Therefore, if the Bay’ah of the little boy is not valid, and he cannot even give Bayah to a Khalifah, he clearly cannot become Khalifah himself. .

4. The Khalifah must be sane. .

It is unlawful to have a Khalifah who has become insane due to the hadith from Allah’s Messenger (P.B.U.H) narrated in point 3 indicating that the “pen has been lifted...” from “... the deranged in his mind until he restores his mind.”.

5. The person off whom the pen is raised is not accountable because the mind is required for a person to be responsible for his actions. The Khalifah enacts the rules and executes all the legal duties, it is therefore unlawful to have an insane Khalifah because an insane person cannot even be responsible for his own actions and hence by greater reasoning cannot be responsible to look after the affairs of the people. The Khalifah must be just (‘adl). .

It would not be right for the Khalifah to be a ‘Fasiq’. Integrity is an obligatory condition for contracting the Khilafah and is important for its continuity. This is because Allah (P.B.U.H) has stipulated that the witness must be just. He (S.W.T) says: .

“And seek the witness of two just men from amongst you” - [TMQ; 65:2].

So if the witness must be just, then the Khalifah who holds a higher post and rules over the witness himself should, by greater reason, be just. For if justice was stipulated for the witness, its presence in the Khalifah must exist by greater reason..

6. The Khalifah must be a free man. .

Any slave is under his master’s authority and so he cannot run his own affairs and therefore he cannot be given the power to run other people’s affairs and rule over them. 7. The Khalifah must be able to carry out the task of the Khilafah. .

One who is unable to perform the job for whatever reason cannot perform the duty of running the people’s affairs by the Book and the Sunnah upon which he took the pledge of allegiance (Bayah). The Court of unjust acts has mandatory powers to determine whether a Khalifah has the ability to perform his job and the types of “inability” that may exist. .