4.11 The Khalifah is restricted to the Shari’ah rules regarding adoption (enacting of laws)
The Khalifah is restricted by the divine rules in his powers of adoption. He is thus forbidden from adopting a rule that has not been extracted from the divine evidences. He is also obliged to restrict himself to the rules he has adopted, and to the method of ijtihad (extracting rules) he has committed himself to. Therefore he is forbidden from adopting a rule that has been extracted by a method that is contrary to the one he had adopted, or from issuing an order that contradicts the rules which he has adopted. The Khalifah is thus restricted with two matters: .
The evidences for the first matter, i.e. the Khalifah is restricted regarding the adoption of the divine rules, are: .
1. Allah (S.W.T) has obliged every Muslim, including the Khalifah to conduct his actions according to the divine rules. Allah (S.W.T) says: .
"But no, by your lord, they will not believe (in the truth) until they make you judge of what is in dispute between them." [TMQ 4-65] .
Conducting actions according to the divine rules obliges the Muslim to adopt a specific rule when understanding of the Legislator’s speech varies, i.e. when understanding the meaning of the Legislator’s speech varies. So adopting a specific rule from amongst various rules becomes obligatory upon the Muslim when he wants to carry out an action, i.e. when he wants to implement the rule. This is also obligatory upon the Khalifah, when he performs his duty, which is the ruling. .