The Khalifah adopts specific Shari’ah rules which he will enact as a constitution and laws. If he adopts a Shari’ah rule, this rule alone becomes the Shari’ah rule that must be acted upon and it becomes a binding law that every citizen must obey openly and privately.

The evidence of this Article is derived from the Ijma’ (General Consensus) of the Companions that the Khalifah reserves the right to adopt specific Shari’ah rules. It has also been established in the same manner that it is obligatory to act upon the rules adopted by the Khalifah. The Muslim is not permitted to act upon any rule other than what the Khalifah has adopted in terms of rules even if these rules were Shari’ah rules adopted by one of the Mujtahideen (scholars of Islam). This is so because the rule of Allah that becomes duly binding upon all the Muslims is what the Khalifah adopts. The rightly guided Khulafaa’ proceeded in this manner; they adopted a host of specific rules and ordered their implementation. Thus the Muslims, with all of the Companions amongst them, used to act upon these rules and to abandon their own Ijtihad (Islamic opinion derived from the Islamic evidences). For instance, Abu Bakr (ra) adopted in the matter of divorce a rule stipulating that the triple divorce would be considered as one divorce if it were pronounced in one sitting. He also adopted in the matter of distributing the wealth upon the Muslims a rule stipulating that wealth should be distributed equally amongst the Muslims, regardless of seniority in Islam or anything else. The Muslims followed him in this as well as the judges and the Walis (governors) implemented the rules that he had adopted. When Umar (ra) took office, he adopted other opinions different to those of Abu Bakr (ra) in the same two matters; he imposed the rule stipulating that the triple divorce is considered as three and he also distributed the wealth among the Muslims according to their seniority in Islam and according to their needs rather than distributing equally. The Muslims duly followed him in this and the judges and the governors implemented the rules he had adopted. Then, Umar (ra) adopted a rule stipulating that the land conquered in war is a spoil for Bayt Al-Mal (the State’s treasury), not for the fighters, and that the land should remain with its owners and should not be divided among the fighters or among the Muslims. The governors and the judges duly complied and implemented the rule that he had adopted.