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

In the aforementioned we have explained the evidences for the bayah as the prescribed method of electing a Khaleefah in Islam. Regarding its practical implementation, it is through shaking the hand as well as by writing. It has been narrated by Abdullah ibn Dinar that: "I witnessed Ibn ‘Umar when people agreed on Abdul Malik ibn Marwan saying: "I write herewith that I agree to hear and obey Abdullah Abdul Malik, the Amir of the believers, according to the Book of Allah and the Sunnah of His Messenger, and to the best of my ability."” The bayah can also be given by any other means. .

The bayah should only be given by an adult as the bayah of the minor is not valid. Abu Aqil Zahrah Ibn Ma‘bad 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 Ibnatu Hamid took him to the Messenger of Allah (P.B.U.H) and said: . “O Messenger of Allah, take a bay’ah from him.” Upon this the Messenger of Allah (P.B.U.H) said: "He is young." He (P.B.U.H) wiped over his head and prayed for him, as narrated by al-Bukhari [Sahih, #7210]. .

As for the wording of the Bayah, it is not restricted to any specific wording, but it should include the commitment that the Khalifah acts according to the Book of Allah and the Sunnah of His Messenger; and that the person who gives the Bayah should pledge to obey in good and bad and in ease and hardship. A law will be published that will determine this wording in accordance with the previous points. .

Once the Bayah is given to the Khalifah, then the Bayah becomes a trust on the neck of the one who gave the Bayah, where he is not allowed to withdraw it. For it is his right (of the Muslim) in terms of appointing the Khalifah till he gives it. But once he gave it, he is not allowed to withdraw it. Even if he wanted to do so, he is not permitted to withdraw his bayah. Al Bukhari narrated from Jabir ibn Abdullah (may Allah be pleased with them) that a Bedouin gave the bayah to the Messenger of Allah (P.B.U.H) on Islam, but he became unwell, so he said: . "Relieve me of my bayah", the Messenger of Allah (P.B.U.H) refused. Then he came and said the same, but the Messenger (P.B.U.H) rejected. So he left the town. The Messenger of Allah (P.B.U.H) said: "The town is like the mason’s bellow (or furnace), it gets rid of (cleans) its impurity, and its goodness (scent) manifests (shines)". .[Bukhari, Sahih, #7209] Muslim also narrated from Nafi’ on the authority of Abdullah ibn ‘Umar that he heard the Messenger of Allah (P.B.U.H) say: .

"Whoever withdraws a hand from obedience, he would meet Allah on the day of judgement without having proof for himself" [Muslim, Sahih, #1851]..

Breaking the bayah to the Khalifah is a withdrawal of the hand from the obedience to Allah. However, this is the case if his bayah to the Khalifah was a bayah of contract, or a bayah of obedience to a Khalifah was accepted and pledged by the Muslims. But if he pledged himself to a Khalifah initially, and the bayah was not completed to him (by the Muslim), then he has the right to relieve himself from that bayah, in view of the fact that the contracting bayah has not been concluded to him from the Muslims. So the prohibition in the hadith is focused on withdrawing a bayah to a Khalifah, not to a man for whom the Khilafah contract was not completed. .