Khilafah: An Assessment of the Obligation

: ‫قال تعال‬
. ﴾ َ‫حكْ َم الْجَاهِِلّي ِة َيْبغُونَ َومَنْ َأحْسَ ُن مِنَ اللّهِ ُحكْما ّل َق ْو ٍم يُوقِنُون‬
ُ َ‫﴿ أَف‬
) 50 ‫ آية‬: ‫( سورة الائدة‬

Definition
1. Imam al-Mawardi

) ‫( المامة موضوعة للفة النبوة ف حراسة الدين وسياسة الدنيا به‬

“The Imamah refers to the succession of Prophethood in the protection of the deen and the
managing of the worldy affairs.”1

2. Imam al-Haramayn al-Juwayni

‫( الما مة ريا سة تا مة وزعا مة عا مة تتعلق بالا صة والعا مة ف مهمات الد ين والدن يا متضمن ها حفظ الوزة ورعا ية الرع ية وإقا مة‬
‫الدعوة بال جة وال سيف و كف ال نف وال يف والنت صاف للمظلوم ي من الظال ي وا ستيفاء القوق من المتنعي وإيفاؤ ها على‬
) ‫الستحقي‬
“The Imamah is a perfect authority and general leadership over the people, commons as well as
notables, in all important religious and temporal affairs; the defence of territory of Dār al-Islām,
looking after the interests of the community, establishing Islamic da’wah by providing evidence
and proof and by the sword, denouncing the deviation, abstaining from inequity and oppression,
providing help and support to the oppressed against transgressors and recovering the dues from
those who refuse to be paid to those who were deprived of their rights.”2

3. Imam al-Nasafi

) ‫( نيابة عن الرسول عليه السلم ف إقامة الدين بيث يب على كافة المم التباع‬
“It is on behalf of the Messenger (saw) in establishing the deen such that it is obligatory for all
the people to follow (obey).”3

4. Ibn Khuldoon

‫ إذ أحوال الدنيا ترجع كلها عند‬، ‫( هي حل الكافة على مقتضى النظر الشرعي ف مصالهم الخروية والدنيوية الراجعة إليها‬
) ‫ فهي ف القيقة خلفة عن صاحب الشرع ف حراسة الدين وسياسة الدنيا به‬، ‫الشارع إل اعتبارها بصال الخرة‬
“It is the carrying of the collective upon that which is required by the Shari’ah in terms of their
interests/benefits in the hereafter and in this world which itself returns to the hereafter because
the affairs of the world all return, in the eyes of the Legislator, to their consideration with regards
to the benefits of the hereafter. Thus it (the Imamah) in reality is the succession of the Prophet in
the protection of the deen and the managing of the worldly affairs.”4

1
Ali ibn Muhammad al-Mawardi, al-Ahkam al-Sultaniyyah, pg. 5
2
Abu al-Ma'ali al-Juwayni, Ghiyath al-Umam fi al-Tiyath al-Dhulam, p. 15
3
Al-Nasafi, Aqa’id al-Nasafiyyah, p. 179
4
Allamah ibn Khuldon, al-Muqaddimah, p. 190
5. al-Nabhani

) ‫ و حل الدعوة السلمتة ال العال‬,‫(اللفة هي رياسة عامة للمسلمي جيعا ف الدنيا لقامة احكام الشرع السلمي‬
“The Khilafah is the general/overall leadership for all the Muslims in the world for the
establishment of the laws of the Islamic Shari’ah and to carry the da‘wah of Islam to the world.”5

Hukm

Fard/Wajib.

See document entitled, “Classical scholars on Khilafah”.

Evidence
The evidence for the obligation of establishing the Khilafah is from the Book, Sunnah and Ijma’
as-Sahabah.

Al-Qur’an

1. al-Nisaa’: 59

‫﴿ يَا َأّيهَا اّلذِينَ آ َمنُواْ أَطِيعُوْا ال ّلهَ َوأَطِيعُواْ الرّسُو َل َوُأوْلِي ا َل ْم ِر مِن ُكمْ ﴾ الية‬
“O you who believe! Obey Allah and obey the Messenger and those in authority amongst you”
(al-Nisaa’:59)

In his tafsir of this verse, Imam al-Tabari relates the saying of Abu Hurayra, that:
) ‫( أن أول المر هم المراء‬
6
“The ‘Uli al-‘amr’ are the (political) leaders”.

Further, after relating all the various sayings about the meaning of ‘Uli al-‘amr’, Imam al-Tabari
states:

) ‫ هم المراء والولة فيما كان ل طاعة وللمسلمي مصلحة‬: ‫( أول القوال ف ذلك بالصواب قول من قال‬
“The best of the sayings and the most correct is the saying of those who say: they are the
leaders and the governors (who govern) such that the obedience is to Allah and the interests of
the Muslims are sought.”7

Ibn Kathir says:

) ‫ أن الية عامة ف جيع أول المر من المراء والعلماء‬-‫ وال أعلم‬- ‫( الظاهر‬
“The apparent – and Allah knows best – is that the ayah is general in referring to all those in
authority of the leaders and scholars.”8

The mode of inference (wajh al-istidlal)?

5
Taqi ud-Din al-Nabhani, al-Shakhsiyyah al-Islamiyyah, 2: 13.
6
Tafsir al-Tabari, 7: 497, the isnad of the report is sahih according to Ahmad Shakir.
7
Tafsir al-Tabari, 7: 502
8
Tafsir al-Quran al-Adheem, Ibn Kathir, 2: 303
Allah obligates upon the Muslims obedience to those in authority from amongst them, these
being the Imams, Khulafa’ (as well as the wulaat and ‘umala’), and the command for obedience
indicates the obligation of appointing those in authority, because Allah (swt) does not command
the obedience of those who do not exist; thus the command to obey necessarily requires the
command to establish, so the ayah indicates the obligation of establishing those in authority who
must be obeyed; these being none other than the Imam of the Muslims and those he appoints.

2. Addresses to the Messenger to rule by the wahy (Shari’ah)

‫ ﴾ الية‬... ‫﴿ فَاحْكُم بَيَْنهُم بِمَا أَنزَلَ ال ّل ُه وَلَ تَتّبِعْ َأ ْهوَاءهُم ْعَمّا جَاء َك مِنَ الْحَ ّق‬
“And rule between them by that which Allah revealed to you and do not follow their whims away
from what has come to you of the Truth…” [al-Ma’idah: 48]
﴾ َ‫ض مَا أَنزَلَ ال ّلهُ ِإلَ ْيك‬
ِ ْ‫﴿ وَأَ ِن احْكُم بَيَْنهُم بِمَا أَنزَلَ ال ّل ُه وَلَ تَتّبِ ْع َأ ْهوَاء ُهمْ وَا ْح َذ ْر ُهمْ أَن َيفْتِنُوكَ عَن َبع‬
“And rule between them by that which Allah revealed to you and do not follow their whims, and
beware (be on the alert) that they may deviate you away from even some part of what Allah
revealed to you.” [al-Ma’idah: 49]

These are definite commands, not open to interpretation, addressed to the Messenger of Allah
(saw) to rule and judge between the Muslims by what Allah has revealed, that is, by His Shari’ah,
and the address to the Messenger is an address to his Ummah, unless there is an evidence to
specify the command to him. There is no such evidence in this case. Thus the command is also
to the Muslims to rule and judge by the Shari’ah, and to establish whatever is required for this.
The meaning of establishing the hukm and authority is none other than establishing the
Imamah/Khilafah, because the former cannot be done in its complete and comprehensive form
except through the latter.

3. All the ayat of hudud, qisas, and the like which require the existence of the Imam for their
establishment.

Al- Sunnah

1. The hadith of Ibn Umar (ra)

‫ و من مات‬،‫ « من خلع يدا من طاعة لقي ال يوم القيامة ل حجة له‬: ‫ما رواه عبد ال بن عمر رضي ال عنهما عن النب قال‬
» ‫وليس ف عنقه بيعة مات ميتة جاهلية‬
Nafi‘ reported saying: (Abdullah) bin ‘Umar said to me that he heard the Prophet (saw) say:
“Whoever removes his hand from obedience will meet Allah on the Day of
Resurrection without having any proof for him, and whoever dies without a pledge of
allegiance (bay’ah) on his neck dies a death of ignorance .”9

The bay’ah referred to here is the bay’ah to the Imam or Khalifah. Thus the Prophet (saw) made
it obligatory upon every Muslim to have on his neck a bay’ah to a Khalifah, by the clear text of
this hadith.

We must note here that he (saw) did not make it an obligation upon every Muslim to give bay’ah
to a Khalifah. Rather the duty is to have a bay’ah on the neck. It is the presence of the Khalifah
which places a bay’ah on the neck of every Muslim, whether the Muslim actually gave a bay’ah
to him (in person) or not. Therefore, this hadith of the Prophet (saw) is an evidence that the

9
Muslim, Kitab al-Imara, Hadith no. 1851, 3:1478
appointment of the Khalifah is an obligation (because without him no one can have a bay’ah on
their neck) and not a proof that giving the bay’ah is obligatory.

Analysis

This hadith provides the hukm shar'i for a situation when Muslims die without the presence of a
Khalifah to rule over them. Perhaps, this is what explains the Fuqaha`s (jurists) relative silence
over this hadith while the numerous other evidences which establish the obligation of Khilafah
have received greater attention and scrutiny. In short, they could not imagine a situation when a
Muslim would die without the presence of a Khalifah; that was simply unthinkable! Hence the
discussion tended to centre on other evidences like the Quranic ayat and the Ijma and actions of
the Sahaba after the Prophet’s death.

The Process of Extraction

What is the manat (reality) referred to by the text? Or in other words, to what reality does the
text apply?
The hadith is describing not one but two types of people since it came in two parts as indicated
by the disjunctive waw (waw al-isti`naaf) such that the waw begins a new sentence. In the first
part it says, “The one who removes his hand from obedience will meet Allah without a proof for
himself…” This is clearly when the Khalifah exists and someone withholds his obedience. As for
the second part it is not describing the same person since the waw al- isti`naaf indicates it is
beginning a new sentence to make a different point, so he (saw) says, “…And (waw al- isti`naaf)
the one who dies without a bay'ah on his neck he dies the death of jahiliyyah.”

This is further confirmed by the fact that he repeats the personal pronoun 'man' (the one who or
whosoever). This also indicates the hadith discusses two types of people in two different
situations.

An example: He (saw) said: ''…The one who dies in the Path of Allah he is shaheed and
(waw al- isti`naaf) the one who dies in a plague he is a shaheed…'' (Muslim)

The death here occurs in two states separated by the waw al- isti`naaf. So the first death is in
the Path of Allah whilst the second death occurs in a plague. It would be absurd if someone
claimed here that the hadith is talking about the same situation.

Without a Bay’ah on his neck?

The waw al-haal (waw of condition) in wa laysa fi 'unuqihi bay'ah clarifies the state in which the
person dies, and in this case it is when he dies 'without a bay'ah on his neck'.

So what is that state when someone does without a bay'ah on his neck? Can it mean the state of
simply not giving the bay'ah to a present Khalifah? No! For two reasons:

1. The hadith did not say 'wa lam yu'til bay'ah' (and he did not give the bay'ah) which would be
the clear expression to intend such a meaning;
2. Giving the bay'ah is fard kifayah, not fard ‘ayn in the first place as indicated by the Ijma' as-
Sahabah.

What explains the meaning is the fact that the contractual bay'ah does not require every single
person to physically give it, rather it is enough for the some of the Muslims to give the bay'ah
(usually the Ahl ul-Hali wa al-‘Aqd on behalf of the people). This means that a person living even
outside the Islamic authority has a bay'ah on his neck if a Khalifah has been contracted to his
post by the representatives of the Muslims. In fact this was the basic format in which all the
Khulafaa' ar-Rashidun were appointed. None of them were appointed by a bay'ah which was
given by the whole of the population of the Islamic state, rather it was always the
representatives of the Muslims who appointed them.

For example when 'Umar b. al-Khattab was elected as Khalifah by the Ahl ul-Hali wa al-‘Aqd in
Madinah the people of ash-Sham and Egypt did not have to give the bay'ah; the bay'ah was on
their neck by virtue of the fact that the contractual bay'ah had taken place through their
representatives. Those who died in ash-Sham and Egypt during the Khilafah of 'Umar b. al-
Khattab did not die the death of jahiliyyah (which would be the case if the meaning of the hadith
is such) because they had the bay'ah on their necks even though they did not come to Madinah
and physically give the bay'ah themselves.

This is the difference between giving the bay'ah and having the bay'ah on one's neck. If however
the representatives of the Muslims in Madinah after 'Umar's death did not appoint a Khalifah
then the Muslims of ash-Sham and Egypt would not have the bay'ah on their necks because the
contractual bay'ah had not taken place i.e. a Khalifah had not been appointed.

Thus, the second part of the hadith describes a situation when someone dies without the
presence of a Khalifah.

Wajh al-Istidlal?

As above, this hadith is an evidence that the appointment of the Khalifah is an obligation
because without him no one can have a bay’ah on their neck. This type of indication (dalaalah)
in Usul al-Fiqh is known as dalalat al-Iqtidaa (the required meaning of the text). That is, when the
truthfulness or correctness of a statement (sidq al-mutakallim wa sihhatul malfoodh bihi) cannot
be established unless one understands the lafz (expression) in a certain way.

For example: “And never will Allah grant to the disbelievers a way over the believers.” [4:141]

Here the mantooq (pronounced meaning) is Allah will not allow the kafir to have authority over
the believers. However, is this permission in terms of the occurrence of authority or prohibition
of authority? It cannot be the first because we know the kuffar in actuality have authority over
the believers in Palestine and Kashmir so the only meaning which will give truthfulness to the
statement is prohibition. So we say the mafhoom (implicit meaning) of this ayah through dalalat
al-iqtidaa (required meaning) is that Allah prohibits that kuffar have authority over the believers.

In the same manner the mafhoom (implied meaning) of 'bayah on the neck' is the presence of
the Khalifah by the required meaning (dalalaat al-iqtidaa). Thus for the expression 'bayah on the
neck' to be truthful we must understand it to mean presence of the Khalifah.

Thus, the one who dies without the presence of the Khalifah would be sinful due to the explicit
qarinah (indication) 'dies the death of Jahiliyyah'. The attribution of a death occurring in the days
of Ignorance establishes beyond any doubt the decisiveness of the request. This means the
command is a fard which if neglected would entail sin and punishment. Also, since the personal
pronoun 'man' is general this means it includes every single Muslim.

As a further proof of the above understanding let us look at other narrations of the same hadith.
It has been narrated on the authority of 'Umar that the Messenger (saw) said:

''The one who dies without an Imam he dies the death of Jahiliyyah''.10

On the authority of Ibn 'Umar:

“‘He who abandons the Jama'ah by even so much as a hand span is as if he has taken
the knot of Islam off his neck, until he returns.’ And he (saw) said: ‘whoever dies while

10
Al-Tabarani and Abu Nu'aym. The latter declared the hadith as sahih.
there was no Imam of a Jama'ah ruling over him, his death would be that of the days
of Jahiliyyah.’”11

It well known the scholars of hadith permitted the narration of hadith by meaning. So in the
above ahadith the transmitter narrated the meaning of the saying of the Prophet (saw). So whilst
the extraction of the hukm from the ‘man maata’ hadith in Sahih Muslim is from the implicit
meaning (mafhoom), the above two ahadith however are even more explicit as they make the
same point in the uttered meaning (mantooq). Incidentally, the hadith in Sahih Muslim and the
one above from al-Hakim are both narrated by Ibn 'Umar.

2. The ahadith informing about the Khalifah

» ‫ « انا المام جنة يقاتل من ورائه ويتقى به‬:‫الديث الذي رواه ابو هريرة أن النب قال‬
From Abu Hurayra (ra) that the Prophet (saw) said, “The Imam is but a shield; (the Muslims)
fight behind him and are protected by him.”12

‫ « كانت بنو إسرائيل‬: ‫ فسمعته يدث عن النب قال‬، ‫ قاعدت أبا هريرة خس سني‬: ‫ما روي عن أب حازم رضي ال عنه قال‬
‫ قالوا فما تأمرنا يا رسول ال ؟‬. » ‫ وستكون خلفاء فتكثر‬، ‫ وأنه ل نب بعدي‬، ‫ كلما هلك نب خلفه نب‬، ‫تسوسهم لنبياء‬
» ‫ فإن ال سائلهم عما استرعاهم‬، ‫ وأعطوهم حقهم‬، ‫ « فوا ببيعة الول فالول‬: ‫قال‬
From Abu Hazim who said: “I accompanied Abu Hurairah for five years and heard him reporting
from the Prophet who said: The Prophets ruled over the children of Israel. Whenever a
Prophet died another Prophet succeeded him, but there will be no Prophet after me.
There will be Khulafaa and they will number many. They asked: What then do you order
us? He said: Fulfil the bay’ah to them one after the other and give them their due right.
Surely Allah will ask them about what He entrusted them with.”13

‫ فإنه ليس أحد يفارق الماعة‬، ‫ قال رسول ال « من رأى من أميه شيئًا يكرهه فليصب‬:‫حديث ابن عباس رضي ال عنهما قال‬
» ‫شبًا فيموت إل مات ميتة الاهلية‬
From Ibn ‘Abbas from the Prophet (saw) who said: “If anyone sees in his Amir something
that displeases him let him remain patient. For behold, he who separates himself
from the sultan (authority of Islam) by even so much as a hand span and dies
thereupon, has died a death of jahiliyyah”.14

Ibn Abu Hamza comments on this hadith:

) ‫( الراد بالفارقة السعي إل حل عقد البيعة الت حصلت لذلك المي‬
“The intent of separating here is striving to dissolve the pledge of allegiance which took place for
that amir.”15

The description of the Imam as a shield is informative of the benefits of the presence of the
Imam, thus it is a demand (talab). This is because if the information conveyed by Allah (swt) and
the Prophet (saw) contains rebuke then it is a demand to abstain, and if it contains praise then it
is a demand to act. If the sought action is necessary to implement a hukm shar’i, or by its
negligence a hukm shar‘i will be neglected, then this command is decisive, effectively meaning
obligation.

11
Al-Hakim in al-Mustadrak
12
Muslim
13
Agreed Upon
14
Bukhari, Kitab al-Ahkam; Muslim, Kitab al-Imara; al-Darimi, Kitab al-Seerah; Musnad Ahmad
15
Fath al-Bari, 7:13
In these ahadith there is information also that those who run the affairs of Muslims are the
Khulafa’, which indicates a demand (talab) to appoint them. They also include a prohibition for
Muslims to separate from the authority, which adds the required qarina to make the demand
decisive, resulting in obligation. This is because the prohibition of separating from the authority
requires the existence of the authority. We can also view the prohibition in terms of a positive
action: the Muslim must be enveloped by an authority, thus its existence is necessary.

Moreover, the Prophet (saw) ordered the Muslims to obey the Khalifah and to fight those who
dispute his authority as Khalifah, which indicates an order to appoint a Khalifah and to protect
his Khilafah by fighting against whosoever disputes with him:

‫ « من با يع إمامًا فأعطاه صفقة يده وثرة قل به فليط عه ما‬:‫حد يث ع بد ال بن عمرو بن العاص ر ضي ال عنه ما أن ال نب قال‬
» ‫ فإن جاء آخر ينازعه فاضربوا عنق الخر‬، ‫استطاع‬
From Abdullah ibn Amr ibn al-‘Aas that the Prophet (saw) said: “He who pledged allegiance
to an Imam giving him the clasp of his hand and the fruit of his heart shall obey him
as long as he can, and if another comes to dispute with him you have to strike the
neck of that man.”16

The command to obey the Imam is also an order to establish him, and the command to fight
those who dispute with him is an evidence that this command is decisive in maintaining the
presence of one Khalifah.

3. The ahadith of appointing an Amir when more than three

،‫ « إذا خرج ثلثة ف سفر فليؤمروا أحدهم » و عن أب هريرة‬:‫ما رواه أبو سعيد الدري رضي ال تعال عنه أن رسول ال قال‬
» ‫ « ل يل لثلثة يكونون بفلة من الرض إل أمّروا أحدهم‬:‫وعن عبد ال بن عمر رضي ال تعال عنهما أن النب قال‬
From Abu Sa’eed al-Khudri, that the Messenger of Allah (saw) said, “If three leave in travel,
let them appoint one of them as leader”; and from Abu Hurayra and Ibn Umar that the
Prophet (saw) said, “It is not permitted for three to be on a journey on the Earth
without appointing one as leader.”17

Thus, if appointing a leader is required for a something like a journey of three, than by greater
reason, it is required for the organisation of an entire society or nation. As Ibn Taymiyya
expresses,

‫ كان هذا تشبيهًا على وجوب ذلك في ما هو‬، ‫ أن يول أحد هم‬، ‫( فإذا كان قد أو جب ف أقلّ الماعات وأق صر الجتماعات‬
) ‫أكثر من ذلك‬
If it is obligated for the smallest of congregations and smallest of gatherings, this is indicative of
the obligation of the same in what is greater than that.18

3. The hadith of the knots of Islam

‫ فكلما انتقضت عروة تشبث‬، ‫ عروة‬، ‫ « لينقضن عرى السلم عروة‬: ‫الديث الذي رواه أبو أمامة الباهلي عن النب أنه قال‬
» ‫ وآخرهن الصلة‬، ‫ وأولن نقضًا الكم‬، ‫الناس بالت تليها‬
From Abu Umamah al-Bahili, that the Prophet (saw) said, "Verily, the knots of Islam will be
undone one by one. Whenever one knot is lost then the people grabbed onto the one
16
Muslim, Kitab al-Imara; Abu Dawud, Kitab al-Bay’ah; Ibn Majah, Kitab al-Fitan; al-Nasa’i, Kitab al-Bay’ah; Ahmad
17
Abu Dawud, Ahmad, Bazzar.
18
Ibn Taymiyya, al-Hisba, p.11
which came after it. The first of these knots will be the ruling and the last will be the
salah."19

Here the obligation of Khilafah is proven through implicit indication. The Prophet (saw) is
referring to the ‘knots’ of Islam; the important parts of Islam, not merely things which are
allowed or recommended. Further, the connection of hukm with salat, which is obligatory,
denotes that the former too has the same ruling. Ustadh Abd al-Karim Zaydan comments on this
hadith saying:

‫ ونقضه يعن‬، ‫ ويدخل فيه بالضرورة وجود الليفة الذي يقوم بذا الكم‬، ‫ الكم على النهج السلمي‬: ‫( والقصود بالكم‬
) ‫ فد ّل على وجوبه‬، ‫ وقد قرن بنقض الصلة وهي واجبة‬، ‫التخلي عنه وعدم اللتزام به‬
“The intent of ‘hukm’ is the ruling on the Islamic method, including by necessity the presence of
the Khalifah who establishes/implements this ruling. Thus losing the hukm here means being
removed of him and the absence of this hukm, and this is compared to losing the salat which is
obligatory, indicating that he too (the Khalifah) is obligatory.”20

4. The hadith about great difference to come

‫ « إنه من يعش منكم فسيى اختلفًا‬- ‫ من حديث طويل‬- ‫الديث الشهور ف السنن عن العرباض بن سارية عن النب أنه قال‬
‫ وإياكم ومدثات المور فإن كل‬، ‫ تسكوا با وعضوا عليها بالنواجذ‬، ‫ فعليكم بسنت وسنة اللفاء الراشدين الهديي‬، ‫كثيًا‬
» ‫بدعة ضللة‬
From Urbad ibn Sariyah that the Prophet (saw) said – in a long hadith – “The one who lives
(long) among you will see great difference, so upon you is my Sunnah and the Sunnah
of the Rightly-Guided Khulafa’; stick to and cling upon it with you molars, and be
wary of newly invented matters, for every innovation is a misguidance."21

Here there is a clear command to stick to the Sunnah of the Khulafa’ al-Rashideen, and what is
greater a Sunnah of theirs than what has reached us through tawatur from them that they gave
bay’ah to Abu Bakr to succeed the Messenger (saw) as Khalifah after his (saw) death. Then Umar
succeeded Abu Bakr, then Uthman was chosen by the six selected by Umar. This is of their
comfirmed Sunnah of appointing a leader and not delaying or neglecting the matter of
leadership, so we are commanded to stick to it.

- al-Sunnah al-Fi’liyya: Ittiba’ is wajib according to the hukm of the action for all his (saw) actions
which are not from his natural actions or those specific to him.

Ijma’ al-Sahabah

As for the Ijma’ of the Sahabah they all agreed upon the necessity to establish a successor or
Khalifah to the Prophet (saw) after his death, and they all agreed to appoint a successor to Abu
Bakr, then to ‘Umar, then to ‘Uthman, after the death of each one of them. The Ijma of the
Sahabah to establish a Khalifah manifested itself emphatically when they delayed the burial of
the Prophet (saw) after his death while engaged in appointing a successor to him 22, despite the
fact that the burial of the dead person is fard, and that it is haram upon those who are supposed
to prepare for his burial to engage themselves in anything else until they complete the burial.

19
Ahmad, 5:215; Ibn Hibban, Hadith 257, p.87
20
Usul al-Da’wah, Abd al-Karim Zaydan, p. 195
21
Tirmidhi, Kitab al-‘Ilm; Abu Dawud, Kitab al-Sunnah; Ibn Majah, Muqaddimah; Ahmad; al-Darimi
22
The Messenger (saw) dead on Monday 12th Rabi al-Awwal and his burial was in the middle of the night of Wednesday.
Seerah Ibn Hisham, 4:664.
The Sahabah were therefore obliged to engage themselves in preparing the burial of the Prophet
(saw), instead some of them engaged themselves in appointing a Khalifah rather than carrying
out the burial, and some others kept silent on this engagement and participated in delaying the
burial for two nights despite their ability to criticize or point out something wrong in the delay
and their ability to bury the Prophet (saw).

So this was a consensus to engage themselves in appointing a Khalifah rather than to bury the
dead. This could not be unless the appointment of a Khalifah is more obligatory than the burial
of the dead.

Also, all the Sahabah agreed throughout their lives upon the obligation of appointing a Khalifah.
Although they disagreed upon the person to elect as a Khalifah, they never disagreed upon the
appointment of a Khalifah, neither when the Prophet (saw) died, nor when any of the Khulafaa
ar-Rashidun died. Therefore the Ijma of the Sahabah is a clear and strong evidence that the
appointment of a Khalifah is obligatory.

Imam al-Shahrastani says in this regard:

‫ وما دار ف قلبه‬، ‫ ث وصف عمر بصفاته وعهد إليه واستقر المر عليه‬. ‫ تشاوروا ف هذا المر‬:‫( ولا قربت وفاة أب بكر فقال‬
‫ وكان التفاق على عثمان‬، ‫ ول ا قر بت وفاة ع مر ج عل ال مر شورى ب ي ستة‬، ‫ول ف قلب أ حد أ نه يوز خلو الرض من إمام‬
‫ و هم ال صدر‬، ‫ فدل ذلك كله على أن ال صحابة رضوان ال علي هم‬، ‫ وب عد ذلك التفاق على علي ر ضي ال ع نه‬، ‫ر ضي ال ع نه‬
‫ ( فلذلك الجاع على هذا الو جه دل يل قا طع على‬: ‫ ) ث يقول‬... ‫الول كانوا على بكرة أبي هم متفق ي على أ نه ل بد من إمام‬
.) ‫وجوب المامة‬
“When the death of Abu Bakr neared he said, “Consult amongst yourselves (i.e. the Sahabah)
about this matter (of Khilafah)”. He then described the attributes of Umar (praising him) and
chose him as successor. It did not occur to his heart, nor that of anyone else, in the least, that it
is permissible for there to be no Imam. When the death of Umar neared he made the matter one
of consultaion between six, and they consented upon Uthman, and after that upon Ali. All of this
indicates that the Sahabah (ra) consented that there an Imam could not be done without…This
consensus upon this inference is a definitive evidence for the obligation of Khilafah.”23

Al-Qawa’id al-Shar’iyyah

1. That which an obligatory action is not completed except by it, is itself obligatory

) ‫ ( ما ل يتم الواجب إل به فهو واجب‬:‫القاعدة الشرعية‬

Allah (swt) has obligated certain matters which cannot be implemented by individuals. These
include:

- the establishment of the hudud;

- equipping, organizing, preparing the armies;
- carrying Islam to the World;
- raising the Word of Allah through Jihad;
- collecting the zakat and distributing it amongst the delineated categories;
- protecting the Muslims from external attack;
- the establishment of justice and suppression of oppression/injustice;
- settling the disputes amongst the slaves according to Islam

23
Nihayat al-Iqdam fi ‘Ilm al-Kalam, al-Shahrastani, p.480
All of these, and the like, require a leadership and authority for their completion (a wajib), and so
the appointment and maintenance of this leadership and authority (i.e. Khilafah) is wajib.

More generally, the establishment of Islam and the implementation of the Shari’ah rules in all
walks of life is compulsory on Muslims through definitely proven evidences. This duty cannot be
achieved unless there is a ruler who has an authority. According to the above shari’ah principle
then, the establishment of a Khalifah is obligatory.

In this regard, Imam Ali (ra) said:

‫ ( يقام ب ا‬:‫ ف ما بال الفاجرة ؟ قال‬، ‫ يا أم ي الؤمن ي هذه البة قد عرفنا ها‬: ‫( ل بد للناس من إمارة َبرّة كا نت أو فاجرة ) قالوا‬
) ‫ ويقسم با الفيء‬، ‫ وتأمن با السبل وياهد با العدو‬، ‫الدود‬

“’The people cannot be without a leadership, be it righteous or corrupt’. It was said, ‘O Amir al-
Mu’mineen, the righteous we understand, but what of the corrupt one?’ He replied, ‘Be it the
hudud will be implemented, the paths will be secure, the enemy will be fought, and the fay’ will
be distributed.’”24

2. “The harm is to be removed”

"‫"الضرر يزال‬
The anarchy and corruption that would arise without a leadership for the Muslims is great. In
fact, it is a thing, which the Ulema’ of old predicted, but which we do not need to speculate
about today. It is vividly in front of our eyes. From the split blood, to the divided lands, and from
the stolen resources to the desecration of what we hold sacred, no stone has be left unturned.
The Muslim world is enveloped in such corruption and failure that the tongues cannot describe
and the pens cannot write.

From this angle to, and from the application of this principle, the presence of the leadership and
authority is obligatory, because only it ensures the removal of the harm. Only it ensures the
protection of the five necessities – deen, soul, honour, wealth and intellect – whose protection is
obligated by the shar’.

Imam Ahmad said,

) ‫( الفتنة إذا ل يكن إمام يقوم بأمر الناس‬
“There would be (a state of) fitna if there was no Imam”25

Imam Ghazzali says,

‫ فتشهد له مشاهدة أوقات الفت بوت السلطي والئمة‬، ‫( إن الدنيا والمن على النفس والموال ل ينتظم إل بسلطان مطاع‬
، ‫ وإن ذلك لو دام ول يتدارك بن صب سلطان آ خر مطاع دام الرج … فبان أن ال سلطان ضروري ف نظام الد ين ونظام الدن يا‬،
‫ فكان وجوب‬، ‫ وهو مقصود النبياء قطعًا‬، ‫ ونظام الدين ضروري ف الفوز بسعادة الخرة‬، ‫ونظام الدنيا ضروري ف نظام الدين‬
) ‫المام من ضروريات الشرع الذي ل سبيل إل تركه فاعلم ذلك‬
“Indeed the dunya and security for the soul and wealth are not organized except by an authority
which is obeyed. The times of fitan when some rulers and imams died are witness to this. Had
such a state of affairs continued and were not stopped by the appointment of another ruler the
24
Al-Siyasah al-Shar’iyyah, Ibn Taymiyya, p. 63
25
Ahkam al-Sultaniyya, Abu Ya’la, p.19
disorder and confusion too would continue…thus the authority is necessary for the organisation
of the deen and dunya, and the organisation of the dunya is necessary for the organisation of
the deen, and the organisation of the deen is necessary for success in the hereafter, and this is
the definitive objective of the Prophets. Hence the obligation of the Imam is of the necessities of
the shar’ for which there is no path to neglecting it; so know this.” 26

Fard! But on whom? Hukm Shar'i?

The legislative value of the above discussion is that it allows us to extract two ahkam:

1. It is Fard 'Ayn to have a bay’ah on one’s neck, which necessitates the presence of the
Khalifah; and
2. It is Fard Kifayah to appoint a Khalifah.

As for the first hukm it is deduced from the demand (talab) in the hadith that a Muslim should
not die without a Khalifah present. The details have been discussed above. The second hukm is
deduced from the majority of the above texts which necessitate the appointment of the Khalifah.
These texts address the collective and their fulfillment can be done by some, not requiring
everyone to do so.

26
Al-Iqtisad fi al-I’tiqaad, al-Ghazzali, p. 199
Counter arguments
1. Obeidence and bayah only when Imam exists

Ali Abd ar-Raaziq, in his book, 'al-Islam wa Usul al-Hukm' after attempting to prove that there is
no daleel for Khilafah in the Ayah: [“O you who believe! Obey Allah and obey the Messenger and
those in authority from amongst you” 4:59] says on page 11:

“If you want to find out more on this discussion then please refer to the book 'The Caliphate' by
the scholar Sir Thomas Arnold. The explanation in chapter two and three of that book is excellent
and convincing.”

This book, quite opportunely it seems, was published a year after the Khilafah was destroyed in
1925. In it he went to great pains to argue that the above and other such hadith and ayat which
command the obedience to a Khalifah do not establish the obligation to appoint a Khalifah
because they apply only when an imam exists and if he does not exist then there is no obligation
to appoint one. To prove this he adduced the following breathtaking argument:

“Are we not ordered by the Shari'ah to be generous to beggars, respect the poor and treat them
well and show kindness to them? So can anyone who has any intelligence say that this means
the Shari'ah has obliged us to bring about paupers and orphans?”27 Or, another example he
gives, is of the parents: the Shari’ah commands obedience: does this mean if there are no
parents we have to establish their presence?

Such arguments to say the least are highly fatuous and cannot be considered as scholarly
opinions for they disregard the fact that the ahkam (rules) come with their asbab (causes). The
sabab (cause) of obedience to parents is their existence and hence upon their death the sabab
ceases which means the hukm of obedience also ceases. Also the same applies to beggars and
orphans in respect to the ahkam which came pertaining to them. But this is different when it
comes to appointing a Khalifah because the sabab of the presence of a Khalifah is the presence
of the Jama'ah i.e. Ummah which has to look after its affairs by Islam. So if the community exists
then Khalifah must exist to look after their affairs.

In fact the term Jama'ah in the Islamic texts means State, authority, and Khalifah. Let us re-visit
the following hadith: Ibn 'Abbas narrated that Messenger (saw) said:

''The one who sees in his Amir something which displeases him, let him remain
patient, for he who separates himself from the community (Jama'ah) by even so much
as a hand span and dies (in this state), he will die the death of Jahiliyyah.''28

Here disobedience and rebellion against the Khalifah is synonymous with separation from the
Jama'ah. This is because it is obligatory on the Jama'ah to look after their affairs by Islam. Having
a Khalifah present means this duty is being fulfilled. But if he is disobeyed this means the
obligation of looking after their affairs by Islam is being neglected since he is the one who
undertakes this task. So the Jama'ah has to obey a Khalifah so that their affairs can be looked
after. The reason why a Khalifah needs to exist is because the affairs cannot be looked after
except by him. Thus, the sabab of the presence of a Khalifah is the presence of Jama'ah which is
obliged to look after its affairs by Islam.

So it is wrong to say a Khalifah does not exist so we are not sinful for not appointing and obeying
the Khalifah. This is because the sabab is not his existence, rather the sabab of his presence is
the presence of a Jama'ah which is obliged to look after its affairs by Islam.
27
al-Islam wa Usul al-Hukm, pp.125-126, al-Mu`assasa al-'Arabiyyah li al-dirasaat wa al-nashr.
28
Agreed Upon.
Consider the saying of 'Umar b. al-Khattab said: “There is no Islam without Jama'ah and there is
not Jama'ah without Imarah (leadership). And there is no Imarah without obedience.”29

That is, there is no looking after of the affairs of the Jama'ah or authority (sultan) without an
Amir and naturally there can be no Amir when there is no obedience to him. So the Jama'ah in
order to exist, that is, for its affairs to be looked after must appoint an Amir. And consequently
obedience to this Amir is obligatory because the obligation of looking after the affairs is not
possible without an Amir. Thus, when the Prophet (saw) ordered us to give allegiance (bay'ah) or
obey the Khalifah it has a greater meaning than when he orders us to feed the poor or look after
our parents. We feed the poor because they are poor and we obey parents because they are
parents. Their existence is the sabab. Thus when they cease to exist the hukm ceases. But our
obedience to the Khalifah is because he looks after the affairs of the Jama'ah which itself is an
obligation. Thus when the Khalifah dies the obligation of obedience to him does not cease
because the sabab (cause) of the obedience still exists which is the looking after of the affairs.

Otherwise we are saying the hukm does not have be fulfilled because something necessary for
its fulfillment does not exist even the though the sabab (cause) of the hukm still exists!

Let us apply this type of erroneous thinking on other ahkam and see what conclusions we reach:

Jihad for instance is an obligation whose sabab (cause) is the presence of kuffar under the
authority of kufr. So if kuffar exist under dar al-kufr then the hukm of Jihad applies, and its
neglect is sinful. However to fulfill the Jihad one requires an Amir. Without an Amir Jihad cannot
be undertaken and hence appointment of an Amir becomes obligatory in order to fulfill Jihad
because that which is necessary to fulfill a wajib is itself a wajib. But if we follow the logic
mentioned above the conclusion would be Jihad is not fard because an Amir does not exist!

2. Appointing a Khalifah is fard kifayah, and some Muslims are working for it, so
what’s the issue!?

The obligation of appointing a Khalifah is indeed one of sufficient (fard kifayah). However this
should not be taken as an excuse for inaction. This is because in terms of obligation (wujoob)
and removal of the sin (isqaat) the fard 'ayn and kifayah are the same. This is because fard
means the Legislator has demanded in a decisive form the performance of an action which if
neglected will result in sin. Thus the obligation to fulfill the command is on all. Only if the
command has been fulfilled by some then the sin is removed from the rest. This is because the
consideration is for the accomplishment of the fard and not the undertaking of the fard. Until and
unless the fard is accomplished it continues to be an obligation on all no matter how many
people undertook it. That is why the definition of Fard kifayah is: 'What some have accomplished
then the rest are absolved from sin' (maa aqaamuhul ba'd saqata 'anil baaqeen) not 'what some
have undertaken …' (maa qaama bihil ba'd). There is a big difference between undertaking an
action and accomplishing it. So until the fard is accomplished the obligation remains on all. That
is why if the kifayah obligation neglected everyone is sinful and not just a few people.

So it is wrong for someone to say appointing a Khalifah is fard kifayah so let some people do it
and we will be saved. This will not save that person on the Day of judgement because the fard
has not been accomplished and hence the obligation remains on every single neck. The Ummah
has only three days and two nights to choose a Khalifah, if they fail to do this after this time the
obligation continues on all and those who undertake the fard are saved from the sin. But those
who neglect will be sinful for not fulfilling their Lord's command and they will have to explain
themselves to Him on the Day when His Account is swift.

29
Reported by al-Darimi in his Sunan
Thus, to refrain from establishing a Khalifah for the Muslims is among the greatest sins because
it is abstaining from carrying out among the most important obligations of Islam upon which the
implementation of the deen depends; nay even the very existence of Islam in the battlefield of
life depends upon it as well. So Muslims as a whole commit a great sin by refraining from
establishing a Khalifah for all Muslims. And if they all agreed to remain without a Khalifah the sin
would befall all Muslims in all inhabited regions (entire world). However, if some of the Muslims
embarked on working to establish a Khalifah and the others did not, the sin will drop from the
shoulders of those who started to work to establish the Khalifah though the fard remains upon
them until the Khalifah is appointed. (This is so) because the involvement in establishing the
fard removes the sin for the delay in establishing it in its proper time, and for its non-
establishment, due to one’s work to establish it and his hatred of that which prevents him from
establishing it.

3. Ahadith about isolation

As for what came in some of the ahadith regarding isolation from the people, and restricting
oneself to adhering only to matters of personal worship of the matters of the deen, these
ahadith are not suitable as evidence to refrain from establishing a Khalifah nor removing the sin
due to this abstention. Whoever studies these ahadith carefully finds them related to the matter
of adhering to the deen rather than permission to refrain from establishing a Khalifah for
Muslims. For example, Al-Bukhari narrated about Bisr bin Ubaydullah al-Hadhrami that he heard
Abu Idris al-Khulani say that he heard Hudhayfah ibn al-Yaman saying:

“The people used to ask the Prophet of Allah (saw) about the good and I used to ask him about
the bad in fear that it might catch me. So I said: O Prophet of Allah! We were in times of
jahiliyyah and mischief then Allah brought us this good, so is there any mischief after this good?
He (saw) said: Yes. I said: Will there be any good after that mischief? He said: Yes, and it has
smoke (dukhan). I said: What is its smoke? He said: People guiding but not on my
guidance. You recognise some (from them) and deny some. I said: Will there be any
mischief after that good? He said: Yes, callers (du’at) who invite at the doors of Hellfire.
They throw him into it (hell) whoever accepted their invitation. I said: O Prophet of Allah,
describe them to us. He said: They are of our own skin (of our people) and talk our
language. I said: What do you order me to do if that (matter) caught me? He said: Adhere to
the Jama‘ah of Muslims and their Imam. I said: What if the Muslims have no Jama‘ah nor an
Imam? He said: Then separate from all those groups, even if you (have to) bite the root
of a tree till death comes to you as such.”

This hadith is clear in its expression that the Prophet (saw) orders Muslims to adhere to the
jama‘ah of Muslims and to adhere to their Imam, and to leave those who invite people to the
doors of hell. His (saw) order is clear “Separate from all those groups”, and he emphasised the
separation from those groups even to the extent that his isolation from them would make him
clench to the trunk of a tree until death comes to him. Its meaning is to adhere to your deen and
keep away from the misguiding callers who are at the doors of Hellfire. In this hadith there is no
excuse or permission (for anybody) to abandon the work for establishing a Khalifah, it is, rather,
confined to the command of adhering to the deen and abandoning the callers at the doors of
hell, and the sin will remain on him if he does not work to establish a Khalifah.