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

After examining the method of the appointment of the Khulafaa’ Rashidun, it is clear there was short listing of the nominees. In the hall of Bani Sa’idah, the nominees were Abu Bakr, ‘Umar, Abu Ubaydah and Sa’d ibn ‘Ubadah. These were enough at the time, but ‘Umar and Abu Ubaidah did not consider anybody equal to Abu Bakr, so they did not challenge him. Thus competition was limited to Abu Bakr and Sa’d ibn ‘Ubadah. Then the influential people present in the hall elected Abu Bakr and gave him the contracting Bayah. The next day, the Muslims gave Abu Bakr the Bayah of obedience. .

Abu Bakr nominated ‘Umar to the Muslims for the post of Khalifah, without having any other nominees. The Muslims gave him the contracting Bayah, and then the Bayah of obedience. .

‘Umar nominated six people and limited the Khilafah to them, whereby the Muslims were given the choice to choose a Khaleefah from amongst the six. After removing himself from the nominees, Abdul Rahman discussed with the remaining five, limiting the number of candidates to two; Ali and ‘Uthman, after they delegated the matter to him. After investigating the opinions of the people, the opinion settled on ‘Uthman as a Khaleefah. .

As for the appointment of ’Ali, there was no other nominee for Khalifah beside him, so the majority of Muslims of al-Madinah and al-Kufah gave him the Bayah, and he became the fourth Khaleefah. .

Since the Bayah of ‘Uthman (ra) included the maximum period allowed for electing a Khaleefah, i.e. three days including their two nights, as well as the limiting of the nominees to six people, which were shortlisted to two, we are going to discuss these events in detail because of its value in understanding this subject correctly. 1- ‘Umar (ra) was stabbed whilst he was standing in the mihrab praying on the dawn of Wednesday, 4 days before the end of Dhul Hijjah 23 AH. ‘Umar (ra) passed away on Sunday morning, at the beginning of Muharram in 24 AH, as a result of his injury caused by Abu Lu’luah, may Allah curse him. Suhaib (ra) prayed janazah (funeral prayer) on him according to the will of ‘Umar (ra). .

2- When ‘Umar was buried, Al-Miqdad gathered the six people of shura recommended by ‘Umar in a house, which Abu Talha guarded. They sat down consulting with each other. Then they delegated Abdul Rahman ibn Awf from amongst themselves to choose a Khalifah from them, with their consent. .

3- Abdul Rahman started discussing with them, and asked each one of them: “Apart from yourself, who do you think is worthy of this authority from among this group?" Their answer was not beyond ’Ali and ‘Uthman. Finally, ‘Abd al- Rahman confined the matter to those two. .

4- After that Abd al-Rahman started consulting the people as was mentioned above. .

5- On Wednesday night, i.e. the night of the third day after the death of ‘Umar (ra) (i.e. Sunday), Abdul Rahman went to the house of his nephew, Al- Muswar ibn Makhramah, where Ibn Kathir reports the following in his book Al- Bidayah Wan-Nihayah: .

When the night that begins the fourth day after the death of ‘Umar started, he came to the house of his nephew, Al-Muswar ibn Makhramah and said, “Are you sleeping, O Muswar? By Allah! I have not enjoyed much sleep since three…” i.e. the three nights after the death of ‘Umar on Sunday morning, meaning the nights of Monday, Tuesday and Wednesday. He continued to say, “Go and call ’Ali and ‘Uthman for me…”, then he brought them to the masjid and the people were called to attend a public prayer. This was at dawn on Wednesday. Then he held the hand of Ali (ra) and asked him about taking the Bayah over the book of Allah and the Sunnah of His Messenger and the action of Abu Bakr and ‘Umar. ‘Ali (ra) gave him the well known answer: Over the book and the Sunnah, yes; as for the action of Abu Bakr and ‘Umar, he would make his own ijtihad. So, he dropped his hand and held the hand of ‘Uthman and asked him the same question. ‘Uthman said, “Yes, by Allah.” Thus the bayah was concluded to ‘Uthman (ra). .

Suhaib led the people in the fajr and zuhr prayers of that day. Then ‘Uthman (ra) led the people in the ‘asr prayer as the Khalifah of the Muslims. This means that despite the contracting Bayah to ‘Uthman (ra) starting at the fajr prayer, the leadership of Suhaib did not expire except after the Bayah of the influential people in al-Madinah to ‘Uthman. This was completed little before ’Asr, when the Sahabah summoned each other to give bayah to ‘Uthman until after the middle of that day had passed and before asr. When the taking of the Bayah was completed before asr the leadership of Suhaib finished, and ‘Uthman led the people in the asr prayer as their Khalifah. The author of al-Bidayah wa al-Nihayah explains why Suhaib led the people in the zuhr prayer though ‘Uthman took the Bayah at fajr. He says: “The people gave him the Bayah in the masjid, then he was taken to the house of shura (i.e. the house where the people of shura met), so the rest of the people gave him the Bayah. It seems he did not finish taking the Bayah until after zuhr. So, Suhaib prayed that zuhr in the Prophet’s mosque, thus the first prayer in which the Khalifah, amir ul-mu’minin, ‘Uthman led the Muslims was salat al-asr.” .

There are some reported differences about the days in which ‘Umar was injured, the day of his death and the day of bayah to ‘Uthman. However we have endeavoured to mention the report with the strongest evidence. .

Consequently the following matters must be considered when making nominations for the post of Khilafah after it becomes vacant (through death or dismissal), which are: 1- The work to appoint a Khaleefah must be done day and night until the task is completed. .

2- Nominees have to be shortlisted in terms of fulfilling the contractual conditions, a matter that is conducted by the mahkamat al-mazalim. .

3- Nominees are short listed twice: to six, and then to two. The council of the Ummah conducts this short listing as representatives of the Ummah. This is because the Ummah delegated ‘Umar (ra) to represent them, who nominated six people, and the six nominees delegated a representative from amongst themselves, Abul Rahman, who shortlisted the nominees to two after discussion. Thus, the reference in all of this is the Ummah’s council, i.e. its representatives. .

4- The task of the provisional amir expires after the completion of the taking of the Bayah by the Khalifah, rather than by the announcement of the results. The leadership of Suhaib did not finish by the election of ‘Uthman, but rather by the completion of his Bayah. .

Accordingly, a law will be issued that determines the way of electing the Khalifah during the three days including their nights. This law has already been enacted, and it will be discussed and adopted at the right time, insha’allah. .

This is the case if there was a Khalifah and he passed away or was removed, and a Khaleefah needs to be appointed to replace him. However, if there is no Khaleefah at all, it becomes obligatory upon the Muslims to appoint a Khaleefah, to implement the rules of the Shariah and to carry the Islamic da’wah to the world, as is currently the case since the removal of the Islamic Khilafah in Istanbul, on 28th Rajab 1342 H (3rd March 1924). In such a situation, every one of the Muslim countries in the Islamic world is suitable to appoint a Khalifah, and the Khilafah would be concluded to him. So, if one of the Muslim countries gave the Bayah to a Khaleefah, and the Khilafah was concluded to him, it becomes obligatory upon the Muslims in the other countries to give him the Bayah of obedience, i.e. a bayah of submission to his authority. This is after the Khilafah has been concluded to him through the Bayah of the people of his country. However, the following conditions have to be fulfilled in that country: .

1. The authority of the country must be in the hands of the Muslims and not in the hands of a non-Islamic country or under a non-Islamic influence. .

2. The security of the Muslims in that country must be guaranteed by Islam, i.e. its protection at home and abroad should be in the name of Islam and by Islamic forces to the exclusion of all others. .

3. The implementation of Islam should take place with immediate effect in a comprehensive and radical manner; the Khalifah must be involved in the conveying of the Islamic Message. .

4. The Khalifah must fulfil all the contractual conditions, although he might not fulfil the preferred conditions, since what really matters are the conditions of the contract. .

Should that country satisfy these four conditions then the Khilafah would be established by the Bayah of that country alone, and the Khilafah would be concluded by her alone. The Khalifah to whom they gave the Bay’ah would become the legitimate Khalifah, and any Bay’ah to other than him would be invalid. Any country that might give the Bayah to another Khalifah after that, his Bayah would be invalid, due to the saying of the Messenger of Allah (P.B.U.H): .

“If Bay’ah was taken to two Khaleefah, then kill the latter of them.” [Muslim, Sahih, #1853] .

“Fulfil the Bayah of the first, then the first.” [Bukhari, Sahih, #3455].

“Whoever gave Bayah to an imam, giving him the clasp of his hand and the fruit of heart, let him obey him as much as he could. If anybody else came to challenge his authority, then strike the head of the latter.” [Muslim, Sahih, #1844] .