15 February 2014

A Tale of Two Soldiers

Posted by AK | 15 February 2014 | Category: | 0 comments


Abdul Waheed Majeed's martyrdom operation where he freed hundreds of Muslim prisoners in Aleppo is condemned by Britain as 'terrorism'. Yet there are many examples of British soldiers who undertook suicidal missions during WWII and they are labelled as heroes and receive the highest praise. One such example is James Conway, a British marine who undertook a suicide mission against the Nazis in WWII.

Britain therefore has no problem with suicide missions if they fulfil western interests. If they are performed for Islamic interests then they are terrorism.

 وَلَوْلَا دَفْعُ اللَّهِ النَّاسَ بَعْضَهُمْ بِبَعْضٍ لَهُدِّمَتْ صَوَامِعُ وَبِيَعٌ وَصَلَوَاتٌ وَمَسَاجِدُ يُذْكَرُ فِيهَا اسْمُ اللَّهِ كَثِيرًا ۗ وَلَيَنْصُرَنَّ اللَّهُ مَنْ يَنْصُرُهُ ۗ إِنَّ اللَّهَ لَقَوِيٌّ عَزِيزٌ

“If Allah had not driven some people back by means of others, monasteries, churches, synagogues and mosques, where Allah’s name is mentioned much, would have been pulled down and destroyed. Allah will certainly help those who help Him – Allah is All-Strong, Almighty”

(Al-Hajj, 22: 40)

15 November 2013

Could the Caliph be removed in a coup as happened to Morsi in Egypt?

Posted by AK | 15 November 2013 | Category: | 0 comments


There are three reasons the Caliph cannot be removed by the army in a Caliphate.

1. The army is cultured in the Islamic ideology which it works to protect and propagate. Islam is the sole reason for its existence and what gives it motivation and life.

 يَا أَيُّهَا الَّذِينَ آمَنُوا اسْتَجِيبُوا لِلَّهِ وَلِلرَّسُولِ إِذَا دَعَاكُمْ لِمَا يُحْيِيكُمْ

"O you who believe! Respond to Allah and to the Messenger when He calls you to what will bring you to life!"
(Al-Anfaal, 8:24)

Article 67 of the Caliphate’s Draft Constitution states: "It is obligatory to provide the Army with the highest level of military education, and raise its intellectual level as far as possible. Every individual in the Army should be cultured Islamically which enables him to have an awareness of Islam, to at least a general level."

General Abd Al-Fattah Al-Sissy who is leader of the Egyptian army and the one responsible for the coup against Morsi does not work for the sake of the Islamic ideology. His mentality is a western mentality which can be seen in a paper he wrote during his tenure at the U.S. Army War College in 2006 called "Democracy in the Middle East". He concludes the paper with, "…as the Middle East develops the rest of the world should seek ways to assist in promoting democratic values and means. Investing in educational means would be a good starting point."

2. Every Muslim soldier from the bottom to the top must give bay’ah (pledge of allegiance) to obey the Caliph. They cannot withdraw this bay’ah unless the supreme Mazalim court rules otherwise. 

Al-Bukhari narrated that Ubada bin Al-Samit said:

 بَايَعْنَا رَسُولَ اللَّهِ صلى الله عليه وسلم عَلَى السَّمْعِ وَالطَّاعَةِ فِي الْمَنْشَطِ وَالْمَكْرَهِ‏.‏ ‏‏وَأَنْ لاَ نُنَازِعَ الأَمْرَ أَهْلَهُ، وَأَنْ نَقُومَ ـ أَوْ نَقُولَ ـ بِالْحَقِّ حَيْثُمَا كُنَّا لاَ نَخَافُ فِي اللَّهِ لَوْمَةَ لاَئِمٍ ‏‏‏ 

"We gave the bayah to Allah's Messenger that we would listen and obey him both at the time when we were active and at the time when we were tired, and that we would not fight against the ruler or disobey him, and would stand firm for the truth or say the truth wherever we might be, and in the Way of Allah we would not be afraid of the blame of the blamers." 

Article 35 of the Caliphate’s Draft Constitution states: "The Ummah is the one who appoints the Caliph. However, it does not possess the right to remove him once the Bay’ah (pledge of allegiance) has been concluded according to the Shari’ah method."

There is no bay’ah in Egypt’s democratic, republican system so there is no strong Islamic bond of obedience between the Muslim citizens and their ruler.

3. The Caliph is Commander in-Chief of the armed forces and not a ceremonial Supreme Commander like Morsi was. 

Article 146 of the Egyptian Constitution under Morsi stated: "The President of the Republic shall be the Supreme Commander of the Armed Forces. The President is not to declare war, or send the Armed Forces outside State territory, except after consultation with the National Defense Council and the approval of the House of Representatives with a majority of its members."

The Supreme Commander is a ceremonial position with no real authority or power over the army. This is the case in many democratic states today, the main exception being America where the US President is Commander in-Chief and not just a figurehead.

In Egypt General Sissy held the position of Commander in-Chief and Defense Minister which is why it was easy for him to remove Morsi.

In the Caliphate the Caliph is Commander in-Chief of the armed forces and not a figurehead. The Ameer ul-Jihad, Joint Chiefs of Staff, Regional commanders, Battlefield commanders, Corp commanders and Divisional commanders are all appointed and removed by the Caliph. They owe their position and loyalty to the Caliph alone and the chain of command is directly from the Caliph to the generals.

The Chiefs of Staff are not in the chain of command. Their role is to prepare strong, capable and effective armed services that the Caliph can utilise to fulfil global Islamic interests. 

Although the Caliph is Commander in-Chief this doesn't mean he is a soldier and his government is a military regime. The Caliph is a politician and statesman and his post is executive. As Commander in-Chief he is responsible for the armed forces, its management and what they are utilised for. In certain situations he may lead the army himself or he may appoint commanders. The Prophet Muhammad (Allah bless him and give him peace) did both.

Article 65 of the Caliphate’s Draft Constitution states: "The Caliph is the Commander in-Chief of the Army, and appoints the Chief of General Staff, a general for each corp (Lt. General), and a commander (Maj. General) for every division. The remaining ranks in the army are appointed by the corp-commanders and divisional-commanders. The appointment of general staff is according to their level of military expertise, and is carried out by the Chief of General Staff."

Conclusion

Deviating from the Islamic method of change and the Islamic method of ruling will only bring misery in this life and the next. Allah Most High says:

 وَمَنْ أَعْرَضَ عَنْ ذِكْرِي فَإِنَّ لَهُ مَعِيشَةً ضَنْكًا وَنَحْشُرُهُ يَوْمَ الْقِيَامَةِ أَعْمَىٰ 

"As for the one who disregards My message, he will have a miserable life, and we resurrect him, on the Day of resurrection, blind."
(Ta Ha, 20:124)

Bibliography

Ajhizat Dawlat ul-Khilafah by Hizb ut-Tahrir

Muqadimatud-Dustur Aw al-Asbabul Mujibatulah by Hizb ut-Tahrir

Shakhsiya Islamiyya volume II by Taqiuddin an-Nabhani

1 September 2013

Conditions of the Caliph: What does the word upright (‘Adl) mean?

Posted by AK | 1 September 2013 | Category: | 0 comments


It is a contractual condition for the Caliph to be upright/just/trustworthy (‘Adl) and it is not allowed for him to be a transgressor (fasiq). The evidence for this contractual condition is from the Qu’ran where Allah سبحانه وتعالى stipulates that a witness must be upright.

 وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِنْكُمْ 

“Call two upright (‘Adl) men from among yourselves as witnesses” 
 (At-Talaq, 65:2) 

So if the witness must be upright, then the Caliph who holds a higher post and governs over the witness should, by greater reason (Bab Awla), be upright.

What does the word ‘Adl mean? 

Ahmad ad-Da’our answers the question in his book, Ahkaam al-bayyinaat (The Rules of Testimonial Evidences) an extract of which follows.

Trustworthiness (‘Adl) means that transgression (fisq) does not appear from him. The one who is faasiq that shows his transgression (fisq); his testimony is not accepted. But the one whose fisq was not apparent, his testimony would be accepted. There is a disagreement regarding the definition of ‘adl. It is said that ‘adl refers to a person who is no known t have committed any kabeerah (grave) sin or openly committed a (minor) sagheerah sin. This definition is ambiguous because the definition of kabeerah sin is not agreed upon. It is not even agreed that there is something called kabeerah and sagheerah sin because no sin is small. The violation of Allah’s command is big whether it is lying or giving false testimony. As for what was mentioned in the text that there are kabeerah sins, what’s meant is to stress the prohibition. Otherwise we find there are sins which are bigger but we do not find them being described as kabeerah. It has been stated in the text that false testimony is kabeerah, but it has not been stated that highway robbery is kabeerah. False testimony is one type of a lie, but to give a lie to the Messenger of Allah صلى الله عليه وسلم was not mentioned within the kabeerah sins. So, there is no defining limit to the kabeerah or the sagheera sin such that one can say someone is known to have committed a kabeerah sin or displayed a sagheerah sin. Thus, the definition is not clear. What is better is that we should say ‘adl is the person who restrains himself from that which the people would consider in breach of upright behavior. This is because the word ‘adl in respect to witnesses has been mentioned in two verses of the Qur’an:

 يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ مِنْكُمْ 

“O you who believe! When one of you is near to death and makes a will, two just men from among you should act as witnesses” 
 (Al-Maaida, 5:106)

 وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِنْكُمْ 

“Call two upright men from among yourselves as witnesses” 
 (At-Talaq, 65:2) 

 It is one of the expressions used by the Qur’an and therefore, so it is not given a technical or an arbitrary explanation, rather it should be interpreted the way other words and sentences of the Qur’an are interpreted. Thus, it is explained by its linguistic meaning if it does not have another shar’i meaning mentioned in the Kitaab and Sunnah. If it has ashar’i meaning then it is interpreted according to the shar’i meaning. Upon scrutiny we do not find a special meaning mentioned by the Legislator for the word ‘adl in respect to witnesses other than its linguistic meaning, and hence it needs to be explained according to its linguistic meaning. The word ‘adl in respect to witnesses means in the Arabic language someone who is known by the people to be of upright character. It says in al-Qamoos al-Muheet: ‘al-‘adl is the opposite of jawr (injustice), and it is that which is established in the souls of people as being upright (mustaqeem), such as reliability (‘adala), and relaiable (‘adool). It comes from ‘adala, ya’dilu, so he is ‘aadil (he was just, so he is just). ‘Adala al-hukm (he established the judgenment). ‘Adal a person (he commended him). ‘Adala the balance (he levelled it)’. This text which gives the meaning of ‘adl in respect to witnesses indicates that the ‘adaalah is istiqaamah (to be of upright character). Defining ‘adl as that which is established in the souls of people as being upright (mustaqeem) is an ambiguous speech. This is because there is no limit by which uprightness is known, for the situations of the people differ, and the people’s habitats also differ in their view to uprightness. Though uprightness means proceeding on the straight path, but this straight path is technical and neither is it linguistic or shar’i. Therefore, it is necessary to refer the explanation of the meaning of the word of uprightness (istiqaama) to the view of the people in accordance with their habitats and societies. This is the approach followed by the linguistic dictionaries specialized in the explanation of the linguistic words that were mentioned regarding the ahkam shar’iyyah. Al-Misbah al-Munir mentioned:

(‘Addaltu ash-shahid ‘I commended the witness’ means ‘I ascribed him to ‘adaala (trustworthiness) and portrayed him with it). The term of ‘adl applies to one or more, and its plural as ‘udool, as it came in poem of Abul Abbas as mentioned by Ibn al-Anbari:

Ta’aaqada al-‘aqda al-watheeqa wa-ashhada 
Min kulli Qawmin Muslimeena ‘udoola 

They convened the strong covenant and sought witness 
From every folk, Muslims and trustworthy 

 In the feminine, it might be said imra’ah ‘adlah (a trustworthy woman). Some scholars said that ‘adaala is an attribute which requires abstaining from anything that usually violates the sense of honour (muroo’a) openly. However, one small mistake and twisting the words once does not violate the sense of honour openly, for it is possible that was because of forgetfulness or interpretation. This is different to the case when this became widely known and repeated, then violation becomes open. The norm ‘’urf’ of every person is that which he is used to in terms of dress, dealings in trading and carrying his luggage and the like; so if he did that which is impropriate to him, unnecessarily, then he violated his muroo’a, otherwise not). This text from this dictionary differs according to the people habitats. This is because the word of uprightness is ambiguous, thus leading to this difference. However, it might be referred to the linguistic explanation of the word of (‘adl) and thus adopt the meaning of the explanation. So, their saying: (That which is established in the souls as being upright) would mean the one that is not known about him of openly violating that which the people consider impropriate. Therefore, it is better to say ‘adl is the one that abstains from that which the people considers violation of uprightness, whether he was a Muslim or non-Muslim. This is because ‘adaala was stipulated in the testimony of the Muslim as well as in the testimony of the non-Muslim, by using the same word without distinguishing one from the other. Allah سبحانه وتعالى said:

 يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِ ذَوَا عَدْلٍ مِنْكُمْ 

“O you who believe! When one of you is near to death and makes a will, two just men from among you should act as witnesses”
 (Al-Maaida, 5:106) 

He سبحانه وتعالى meant non-Muslims by saying other than you. He said ‘two ‘adl witnesses from Muslims or two ‘adl from other than Muslims. So, how can the ‘adaala be defined to be not committing a kabeera (major) sin and insistence on committing a sagheera (small) sin regarding a non-Muslim? How we can also reject as witness the one who disobeyed his parents once, but accept as witness the spy, just because spying is not from kabeera sins? Therefore, the valid meaning of 'adl is the one that abstained from that which the people consider violation to the uprightness. Whoever was characterised with that he is ‘adl, because he is one of those that was established in the souls that he is upright. The one that is known (amongst the people) to be insolent in doing haram or committing sin openly, or reckless about committing it, or known of being not upright, he would be fasiq. Thus ‘adl is opposite to fasiq, and ‘adaala is opposite to fisq. Thus, the fasiq is the one that does not abstain from haram, or known to be not upright. ‘Adl is the one that abstains from haram, or not known to be lacking uprightness.

31 August 2013

Conditions of the Caliph: Will there will be teenage Caliphs in a future Caliphate?

Posted by AK | 31 August 2013 | Category: | 0 comments

 
There are seven contractual conditions that must be fulfilled before someone can become a Caliph of the Muslims. One of these is maturity i.e. above the age of puberty. The evidence for this is from the sunnah.

Abu Dawud narrated from ‘Ali Ibnu Abi Talib that the Messenger of Allah صلى الله عليه وسلم said, “Accountability is lifted off three people: The sleeping person until he awakes, the boy until he reaches maturity and the deranged until he regains his mind.” 

Therefore the person for whom the pen is raised is not responsible for himself, and he is not liable under Sharia. It is therefore unlawful for him to become a Caliph or hold any post of authority for he is not responsible for his own actions let alone others.

Evidence is also derived from the fact that the Messenger of Allah صلى الله عليه وسلم rejected the Bay’ah of the child.

Al-Bukhari narrated from ‘Abi Aqeel, Zahra ibn Ma’abed from his grandfather ‘Abdullah Ibnu Hisham (who was a child at the time of the Prophet صلى الله عليه وسلم) His mother Zainab bint Humair took him to the Messenger of Allah صلى الله عليه وسلم and said, ‘O Messenger of Allah! Take his Bay’ah’. The Prophet صلى الله عليه وسلم said: “He is still a little boy”, so he stroked his head and prayed for him.

Therefore, if the Bay’ah of the little boy is invalid and he cannot give Bay’ah to a Caliph, he evidently cannot be Caliph himself.

Once someone has reached puberty they have fulfilled the maturity condition. There is however another contractual condition which is capability to rule. There are physical capabilities which Mawardi discusses in his book Ahkam as-Sultaniyyah. This discusses whether certain physical disabilities such as blindness, deafness or loss of limb can prevent someone being a Caliph or not. The other capabilities are spiritual and intellectual which are discussed in Nabhani’s book Shakhsiyya Islamiyyah volume 2. These are qualities that give someone a ruling mentality in which they can fulfil the heavy burden of governing and which cannot be achieved at such a young age.

How is a ruling mentality achieved? 

Allah سبحانه وتعالى in His infinite wisdom has endowed people with different qualities. Some of these attributes are qadar and others are shaped through experience. Abu Dharr, a senior sahabi who brought his entire tribe to Islam was refused a ruling position because he didn’t have the strength of personality to rule.

Muslim narrated from Abu Dharr who said, "I said: O Messenger of Allah, will you not appoint me as a governor/ruler?" He صلى الله عليه وسلم struck my shoulder with his hand then said: “O Abu Dharr, you are weak and it is a trust (amanah). On the Day of Judgement it will be a disgrace and regret except for the one who took it by its right and fulfilled his duty in it.” 

A ruling mentality requires political experience in looking after peoples affairs even if the person is not in power. This experience will be achieved through political actions. Outside of office it means accounting the government individually or as part of a political party within the Majlis ul-Ummah (Ummah’s Council). Within office it means holding a government position such as a governor (Wali), department head or Wazir (Delegated Assistant).

This experience can be accelerated through tests and trials (fitna). Allah سبحانه وتعالى tests the believers not of our hatred but out of mercy to elevate their position and wipe off sins.

Ahmad reported via Mus’ab b. Sa’d from his father who said: I said: “O Messenger of Allah صلى الله عليه وسلم which people are tested most?” He صلى الله عليه وسلم said: “The Prophets come first, then the righteous, then the next best, then the next best of people. A man will be tested on account of his adherence to the Deen. If he is strong in his commitment, he will be more sorely tested, and if there is some weakness in his commitment the test will be lightened for him. A man will continue to be tested until he walks upon the face of the earth with no sin on him.”

Al-Azhari said: “The Arabic word fitnah includes meanings of testing and trial. The root is taken from the phrase fatantu al-fiddah wa’l-dhahab (I tested the quality of gold and silver), meaning I melted the metals to separate the bad from the good…” (Tahdheeb al-Lughah, 14/196).

During tests and trials someone has to continually think about their situation and how to resolve it. This continual linking of solutions to political problems under pressure, develops quick thinking in someone and can turn them in to strong statesmen earlier than usual.

We can see this in the army. In peacetime rising through the ranks to senior positions takes time and an officer may only achieve a rank such as a Lt. Colonel in their late thirties. However, during WWII military experience was achieved quickly and due to officers being killed it was possible to achieve the rank of Lt. Colonel much earlier as happened with Geoffrey Keyes who was a Lt. Colonel at the age of 24.

Having said this even in times of fitna political experience which gives someone an intellectual capability to rule the entire Muslim ummah will not be achieved in a teenager.

Why did we have teenage Caliphs in the past? 

During the Rightly Guided Caliphate all the Caliphs were selected freely by those who represented the opinion of the Muslims. They were given the Bay’ah (Pledge of Allegiance) on the basis of meritocracy and each of them had huge political experience. Abu Bakr, Umar, Uthman and Ali had all held the position of Wazir (Delegated Assistant) which is the highest government position after the Caliph. When we look to their ages we see they were all elder statesman (excluding Hasan who became Caliph during the civil war).



If we compare this to when the Bay’ah was misapplied and became confined to ruling dynasties as happened after Muawiyah we find a stark contrast in the ages of the Caliphs. This is a characteristic of hereditary rule where the ruler is chosen not on meritocracy but by position in the family. This is why we find instances of very young Caliphs in certain periods of the Caliphate.









Dangers to the Caliphate of very young Caliphs 

During the Abbasid Caliphate Al-Muqtadir who was only 13 at the time was given Bay’ah and became the Caliph in 908CE and ruled until 932CE. Since he didn’t have the capability to rule he relied heavily on his Wazirs (Delegated Assistants) of which there were thirteen. The Wazir is the most powerful government position after the Caliph and has similar powers to the Caliph in the task he is assigned. Too many Wazirs can lead to power struggles and infighting which will destabilise and weaken the government. It’s no coincidence that in 909 the Fatimids in Egypt declared independence from Al-Muqtadir in Baghdad and appointed their own Caliph (not legitimate) in Cairo. In 929 still under the reign of Al-Muqtadir, Abd-ar-Rahman III declared himself as Caliph (not legitimate) and Al-Andalus also became independent from the Caliphate.

Conclusion 

In a future Caliphate there will be constitutional processes in place on how to elect the next Caliph which will prevent the Bay’ah being misapplied as it was previously. Therefore the Caliph will likely be an elder statesman in their forties or fifties when they come to office. This is not to say we will specify a minimum age limit as the US constitution does where someone must be 35 years old before they can be President or Vice President of the United States. This cannot be done because the Sharia has only restricted the minimum age to puberty. However, as discussed the contractual condition of capability to rule will not be reached by a teenager.

The scenario below attempts to illustrate how a young Muslim in the Caliphate could become the Caliph.

Abdullah joins an Islamic political party in his youth. He is an activist of the party through his schooling and university. After completing university he pursues a full time career as an army officer in the Caliphate’s army. He rises up the ranks and then decides on pursuing a full time political career. His political party put him forward as a candidate for the 5-yearly Majlis elections. He campaigns and wins his seat. He then becomes a member of the Majlis ul-wiliyah and makes a strong impression on his constituency and the Majlis. In the elections for his second term he gains enough votes for a seat on the Majlis ul-ummah in the Caliphate’s capital. His work on some on the Majlis committees impresses the Caliph’s Assistants (Mu’awinoon) who recommend his appointment to a government position. He works his way through various government posts finally becoming Director-General of Foreign Affairs which is a cabinet position. From there he becomes a Delegated Assistant and when the Caliph unexpectedly dies he is shortlisted by the Majlis ul-Ummah for candidacy to the post of Caliph. His previous political and military experience wins over the Ummah who believe he can successfully manage their affairs and be the commander in chief of the armed forces. He gains the majority of votes during the election and becomes the Caliph.

Source: Caliphate Online

26 August 2013

History of the Caliphs Timeline

Posted by AK | 26 August 2013 | Category: | 0 comments

 This timeline outlines the names of all the Caliphs. Later editions will also include important historical events that took place under each Caliph.

Download the timeline from here.

25 August 2013

Why was Prophet Muhammad’s (Sallallahu 'alaihi wa sallam) burial delayed?

Posted by AK | 25 August 2013 | Category: | 0 comments


The fact that the burial of Prophet Muhammad صلى الله عليه وسلم, the best man who ever lived and greatest of all the prophets, was delayed is not a matter of dispute. However, confusion may arise over the reasons for this delay and how to view the Sahabah’s actions who collectively consented to this delay. When answering this question it’s important that we base our answer on textual evidence and not cite reasons from our minds.

1.        How long was the burial delayed?

Yahya related to me from Malik that he had heard that the Messenger of Allah صلى الله عليه وسلم died on Monday and was buried on Tuesday and people prayed over him individually with no one leading them.

Some people said that he would be buried near the mimbar, and others said that he would be buried in al-Baqi. Abu Bakr as-Siddiq came and said, “I heard the Messenger of Allah صلى الله عليه وسلم say, ‘No prophet was ever buried except in the place where he died.’” So a grave was dug for him there. When he was about to be washed they wished to take off his shirt but they heard a voice saying “Don’t take off his shirt,” so they did not take off his shirt and he was washed with it on.[1]

Ibn Katheer said, “What is famously related from the majority of scholars is that the Prophet صلى الله عليه وسلم died on Monday and was buried on Tuesday night.”[2]

Therefore the burial was delayed by approximately two days and two nights.

2.        What were the Sahabah doing Monday instead of burying the Prophet صلى الله عليه وسلم?

The Sahabah were in a state of shock and denial when the beloved Prophet صلى الله عليه وسلم died.

Ibn Rajab said, “When the Messenger of Allah صلى الله عليه وسلم died, the Muslims became shocked, bewildered and confused. Some of them were stunned and became perplexed; others sat down and were not even able to stand; others lost their ability to speak; and yet others were in complete denial, refusing to believe that the Prophet صلى الله عليه وسلم had really died (an among the last group was Umar ibn Al-Khattab).”[3]

Umar ibn Al-Khattab began to threaten anyone who claimed that the Prophet صلى الله عليه وسلم had died. Umar said, “He has not died, but rather he has gone to his Lord, just as Musa ibn Umran (as) went, remaining absent from his people for forty nights, after which he (as) returned to them. By Allah, the Messenger of Allah صلى الله عليه وسلم will indeed return to us, just as Musa (as) returned to his people, and he صلى الله عليه وسلم will cut off the hands and legs of those men who claimed that he صلى الله عليه وسلم had died.”[4]

Abu Bakr then came to the Masjid and visited the Prophet صلى الله عليه وسلم in the house of his daughter Aisha.

Aisha narrated: Abu Bakr came riding his horse from his dwelling place in As-Sunh. He got down from it, entered the Mosque and did not speak with anybody till he came to me and went direct to the Prophet, who was covered with a marked blanket. Abu Bakr uncovered his face. He knelt down and kissed him and then started weeping and said, "My father and my mother be sacrificed for you, O Allah's Prophet! Allah will not combine two deaths on you. You have died the death which was written for you."[5]

When Abu Bakr said, Allah will not combine two deaths on you” he was refuting Umar who was claiming that the Prophet صلى الله عليه وسلم would come back to life. Abu Bakr knew that, even if that was the case the Prophet صلى الله عليه وسلم would still have to die again which meant that he صلى الله عليه وسلم would have to die a total of two deaths; and Abu Bakr understood that the Prophet صلى الله عليه وسلم enjoyed too high of a ranking with Allah سبحانه وتعالى for that to happen to him.[6]

Abu Bakr then went back in to the Masjid and addressed the people consoling them and correcting the incorrect thoughts that had arisen.

Narrated Abu Salama from Ibn Abbas: Abu Bakr came out and Umar was addressing the people. Abu Bakr told him to sit down but Umar refused. Abu Bakr again told him to sit down but Umar again refused. Then Abu Bakr recited the Tashah-hud (i.e. none has the right to be worshipped but Allah and Muhammad is Allah's Messenger صلى الله عليه وسلم) and the people attended to Abu Bakr and left Umar. Abu Bakr said, "Amma ba'du, whoever among you worshipped Muhammad, then Muhammad is dead, but whoever worshipped Allah, Allah is alive and will never die. Allah says:

وَمَا مُحَمَّدٌ إِلَّا رَسُولٌ قَدْ خَلَتْ مِنْ قَبْلِهِ الرُّسُلُ ۚ أَفَإِنْ مَاتَ أَوْ قُتِلَ انْقَلَبْتُمْ عَلَىٰ أَعْقَابِكُمْ ۚ وَمَنْ يَنْقَلِبْ عَلَىٰ عَقِبَيْهِ فَلَنْ يَضُرَّ اللَّهَ شَيْئًا ۗ وَسَيَجْزِي اللَّهُ الشَّاكِرِينَ

“Muhammad is only a Messenger and he has been preceded by other Messengers. If he were to die or be killed, would you turn on your heels? Those who turn on their heels do not harm Allah in any way. Allah will recompense the thankful.

(Al-Imran, 3:144)

The narrator added, "By Allah, it was as if the people never knew that Allah had revealed this verse before untill Abu Bakr recited it and then whoever heard it, started reciting it."[7]

When the Sahabah knew for certain that the Messenger of Allah صلى الله عليه وسلم had died the Ansar gathered in the saqeefah of Banu Saa’idah and the Muhajireen gathered elsewhere with Abu Bakr. Both groups had the same purpose which was to choose the next Khaleefah from among themselves. Before they arrived at a decision however the Muhajireen remembered their brothers from the Ansaar, and they said to one another, “Let us go to our brothers from the Ansaar, for they have the right to help us arrive at a decision regarding this matter.”[8]

Umar ibn Al-Khattab said: “Remember that whoever gives the pledge of allegiance (Bay’ah) to anybody among you without consulting the other Muslims, neither that person, nor the person to whom the pledge of allegiance was given, are to be supported, lest they both should be killed. And no doubt after the death of the Prophet صلى الله عليه وسلم we were informed that the Ansar disagreed with us and gathered in the saqeefah (portico or courtyard) of Bani Sa`da. `Ali and Zubair and whoever was with them, opposed us, while the Muhajireen gathered with Abu Bakr.”[9]

Although Ali ibn Abi Talib and Zubair al-Awwam didn’t participate in contracting Abu Bakr as Khaleefah they both gave the Bay’ah and never voiced any opposition to the action of the Muhajireen and Ansar in delaying the burial of the Prophet صلى الله عليه وسلم in favour of choosing the next Khaleefah.

Ali and az-Zubayr said: “The only thing that disappointed us was that we were not consulted, but we believe that Abu Bakr is the most qualified of the people for it (Khilafah) after the Messenger of Allah صلى الله عليه وسلم.”[10]

Umar continues: I said to Abu Bakr, 'Let's go to these Ansari brothers of ours.' So we set out seeking them, and when we approached them, two pious men of theirs met us and informed us of the final decision of the Ansar, and said, 'O group of Muhajireen (emigrants)! Where are you going?' We replied, 'We are going to these Ansari brothers of ours.' They said to us, 'You shouldn't go near them. Carry out whatever we have already decided.' I said, 'By Allah, we will go to them.'

And so we proceeded until we reached them at the saqeefah of Bani Sa`da. Behold! There was a man sitting amongst them and wrapped in something. I asked, 'Who is that man?' They said, 'He is Sa`d bin 'Ubada.' I asked, 'What is wrong with him?' They said, 'He is sick.'

After we sat for a while, the Ansar's speaker said, 'None has the right to be worshipped but Allah,' and praising Allah as He deserved, he added, 'To proceed, we are Allah's Ansar (helpers) and the majority of the Muslim army, while you, the emigrants, are a small group and some people among you came with the intention of preventing us from practicing this matter (of caliphate) and depriving us of it.'

When the speaker had finished, I intended to speak as I had prepared a speech which I liked and which I wanted to deliver in the presence of Abu Bakr, and I used to avoid provoking him. So, when I wanted to speak, Abu Bakr said, 'Wait a while.' I disliked to make him angry. So Abu Bakr himself gave a speech, and he was wiser and more patient than I. By Allah, he never missed a sentence that I liked in my own prepared speech, but he said the like of it or better than it spontaneously.

After a pause he said, 'O Ansar! You deserve all (the qualities that you have attributed to yourselves, but this question (of Caliphate) is only for the Quraish as they are the best of the Arabs as regards descent and home, and I am pleased to suggest that you choose either of these two men, so take the oath of allegiance to either of them as you wish. And then Abu Bakr held my hand and Abu Ubada bin `Abdullah's hand who was sitting amongst us. I hated nothing of what he had said except that proposal, for by Allah, I would rather have my neck chopped off as expiator for a sin than become the ruler of a nation, one of whose members is Abu Bakr, unless at the time of my death my own-self suggests something I don't feel at present.'

And then one of the Ansar said, 'I am the pillar on which the camel with a skin disease (eczema) rubs itself to satisfy the itching (i.e., I am a noble), and I am as a high class palm tree! O Quraish. There should be one ruler from us and one from you.'

Then there was a hue and cry among the gathering and their voices rose so that I was afraid there might be great disagreement, so I said, 'O Abu Bakr! Hold your hand out.' He held his hand out and I pledged allegiance to him, and then all the emigrants gave the Pledge of allegiance and so did the Ansar afterwards. And so we became victorious over Sa`d bin Ubada (whom Al-Ansar wanted to make a ruler). One of the Ansar said, 'You have killed Sa`d bin Ubada.' I replied, 'Allah has killed Sa`d bin Ubada.'

`Umar added, "By Allah, apart from the great tragedy that had happened to us (i.e. the death of the Prophet), there was no greater problem than the allegiance pledged to Abu Bakr because we were afraid that if we left the people, they might give the Pledge of allegiance after us to one of their men, in which case we would have given them our consent for something against our real wish, or would have opposed them and caused great trouble. So if any person gives the pledge of allegiance to somebody (to become a Khaleefah) without consulting the other Muslims, then the one he has selected should not be granted allegiance, lest both of them should be killed."[11]


3.        What is the Bay’ah (pledge of allegiance) and when was Abu Bakr given Bay’ah?

The Khaleefah is not a King or dictator who imposes his authority on the people through coercion and force. The Khaleefah’s authority to rule must be given willingly by the Muslims through the Islamic ruling contract known as Bay’ah. Without this Bay’ah the Khaleefah cannot rule.

There are two types of Bay’ah. The Bay’ah of Contract (Bay’ah In’iqaad) and the Bay’ah of Obedience (Bay’ah Taa’ah).

The Bay’ah contract is between two parties - the Khaleefah and the Muslims. The principle conditions of the Bay’ah are that the Khaleefah fulfils the seven mandatory conditions of his post and implements Shari’ah upon the citizens of the state.

The Bay’ah of Contract (Bay’ah In’iqaad) is Fard Kifiyya (collective obligation). It is the right of all Muslims to participate in contracting the Khaleefah. However, it is not obligatory for them to practice this right as long as some from among the Ummah are engaged in contracting the Khaleefah and hence the kifiyya is met. Usually those involved in contracting of the Bay’ah are a representative group known as the Ahlul Hali Wal Aqd (influential Muslims) who represents the opinion of the Muslims at large. This is why only some of the senior Sahabah from among the Ansar and Muhajireen participated in choosing the next Khaleefah. These included Abu Bakr, Umar bin al-Khattab and Abu Ubaydah bin al-Jarrah from the Muhajireen. Abu Bakr and Umar were the wazirs (ruling assistants) in the time of the Prophet صلى الله عليه وسلم. The leaders of the Ansar tribes - Al-Aws and Al-Khazraj and were also present. These included Sa’d bin Ubadah and Bashir ibn Sa’d, leaders of Al-Khazraj and Usaid ibn Hudhayr, leader of Al-Aws.

Ali ibn Abi Talib and Zubair al-Awwam did not participate but as discussed earlier agreed with Abu Bakr’s appointment and gave him the Bay’ah of obedience at the earliest opportunity.

Abu Bakr’s Bay’ah on Monday afternoon was the Bay’ah of Contract given by a small group from the Ahlul Hali Wal Aqd who represented the views of the wider Muslim Ummah.

When Sa’eed ibn Zaid was asked, “When was Abu Bakr confirmed by the people?” he said, “The day on which the Messenger of Allah صلى الله عليه وسلم died; they disliked for even a part of a day to pass by without them being united as a group (with a leader to rule over them).”[12]

Once the Bay’ah is contracted to the Khaleefah then the Muslims must fulfil their side of the contract which is obedience to the Khaleefah. The Bay’ah then becomes a Bay’ah of obedience for the rest of the Muslims. This is Fard ‘Ayn (individual obligation). After contracting the Bay’ah to Abu Bakr on Monday the Muslims of Medina gathered in the Masjid the next day to give him the Bay’ah of obedience.

Anas bin Malik Narrated: That he heard `Umar's second speech he delivered when he sat on the pulpit on the day following the death of the Prophet صلى الله عليه وسلم `Umar recited the Tashahhud while Abu Bakr was silent. `Umar said, "I wish that Allah's Messenger صلى الله عليه وسلم had outlived all of us, i.e., had been the last (to die). But if Muhammad is dead, Allah nevertheless has kept the light amongst you from which you can receive the same guidance as Allah guided Muhammad with that. And Abu Bakr is the companion of Allah's Messenger صلى الله عليه وسلم He is the second of the two in the cave. He is the most entitled person among the Muslims to manage your affairs. Therefore get up and swear allegiance to him." Some people had already taken the oath of allegiance (Bay’ah) to him in the saqeefah of Bani Sa`ida but the oath of allegiance taken by the public was taken at the pulpit. I heard `Umar saying to Abu Bakr on that day. "Please ascend the pulpit," and kept on urging him till he ascended the pulpit whereupon, all the people swore allegiance to him.[13]

The inhabitants of Medina pledged their allegiance to Abu Bakr directly in the Masjid and placed their hands on his hand. Meanwhile the inhabitants of Makkah and At-Taaif made their pledges to Abu Bakr’s governors (wulah).[14]

This Bay’ah by the Muslim masses on Tuesday would have taken some time to complete. Once it was finished then the burial preparations and funeral prayer for the Prophet صلى الله عليه وسلم were organised.

4.        The Sahabah collectively agreed (ijma) to prioritise appointing a Khaleefah over burying the Prophet صلى الله عليه وسلم

Burying the dead person as soon as possible is a collective obligation (fard al-kifiya) on the Muslim community. Abu Huraira reported Allah's Messenger صلى الله عليه وسلم as saying: “Hasten at a funeral.”[15]

Since the Sahabah collectively agreed on delaying this obligation means that they were engaged in another obligation which takes precedence in sharia over the burial. Individually the Sahabah can make mistakes but not collectively when they agree on a sharia rule. This agreement of the Sahabah on a sharia rule is called ijma as-Sahabah (consensus of the companions).

If the Sahabah after the death of the Prophet صلى الله عليه وسلم were to agree unanimously upon a sharia rule without any dissent among them, in the absence of a ruling from the Quran and Sunnah, then this agreement is considered to be a sharia evidence. This agreement must have been based upon some teaching of the Prophet صلى الله عليه وسلم of which they all knew, but which did not reach us directly in the form of a Hadith. Therefore, Ijma as Sahabah is an indication of Sunnah itself.

Al-Haythami (d.1405CE) said, “It is known that the Sahabah consented that selecting the Imam after the end of the era of Prophethood was an obligation (Wajib). Indeed they made it more important than the other obligations whilst they were busy with it over the burial of the Prophet صلى الله عليه وسلم.”[16]

The Sahabah were the group who had the best access to the revelation and were most mindful of holding fast to the revelation in their actions. Their ljma is a proof for two reasons. Firstly, Allah سبحانه وتعالى praises them as a community not just individuals.

وَالسَّابِقُونَ الْأَوَّلُونَ مِنَ الْمُهَاجِرِينَ وَالْأَنْصَارِ وَالَّذِينَ اتَّبَعُوهُمْ بِإِحْسَانٍ رَضِيَ اللَّهُ عَنْهُمْ وَرَضُوا عَنْهُ وَأَعَدَّ لَهُمْ جَنَّاتٍ تَجْرِي تَحْتَهَا الْأَنْهَارُ خَالِدِينَ فِيهَا أَبَدًا ۚ ذَٰلِكَ الْفَوْزُ الْعَظِيمُ

“The forerunners – the first of the Muhajireen and the Ansar – and those who have followed them in doing good: Allah is pleased with them and they are pleased with Him. He has prepared Gardens for them with rivers flowing under them, remaining in them timelessly, for ever and ever. That is the great victory.”

(At-Tawba, 9:100)

This compliment is given to the Sahabah (Muhajireen and Ansar) for the sole reason of being Sahabah. However, the compliment for others is due to the fact that they followed the footsteps of the Sahabah (“and those who have followed THEM”). This means that the original compliment is for the Sahabah. The followers are not complimented except for following the Sahabah.  Therefore, it can be concluded that the meaning of the Ayah is confined to the Sahabah only. Any group of people whom Allah سبحانه وتعالى complements in such a manner, the truthfulness of what they agree upon is affirmed.

Secondly, doubt in their trustworthiness leads to doubt in Islam. The Sahabah were the generation that transmitted the Qur’an and narrated the Ahadith. Our entire Deen has been conveyed to us through this group. This group was the means by which Allah سبحانه وتعالى chose the Qur’an to be compiled and preserved. Allah سبحانه وتعالى has promised to preserve this scripture through them. Allah سبحانه وتعالى says,

لَا يَأْتِيهِ الْبَاطِلُ مِنْ بَيْنِ يَدَيْهِ وَلَا مِنْ خَلْفِهِ ۖ تَنْزِيلٌ مِنْ حَكِيمٍ حَمِيدٍ

“Falsehood cannot reach it from before it or behind it – it is a revelation from One who is All-Wise, Praiseworthy.”

(Al-Fussilat, 41:42)
[17]

5.        Why weren’t other obligations such as salah delayed?

There are two types of obligations. These are Fard ‘ayn (individual obligation) and Fard kifaya (collective obligation).

The fard ‘ayn (individual obligation) is the obligation which must be undertaken by every mukallaf (legally responsible person) by himself. If a Muslim abandons this obligation, then he would not be free of the sin, even if all the Muslims had undertaken it. If he undertook the obligation while all the Muslims neglected it, then he would be free of the sin and blame before Allah سبحانه وتعالى. Examples of individual obligations are praying, fasting, zakah and hajj.[18]

As for the fard kifaya (collective obligation), what is required is that these obligations must be performed, irrespective of who has undertaken them from the Muslims. They are not required from every individual by himself. Rather what is required is that they are enacted. They may be enacted via a few or via many. It they are not enacted, then all the Muslims will be sinful until they are enacted. Otherwise, the sin will be removed only from those who struggled and endeavoured to establish them, and who were involved in this struggle seriously.[19]

Undertaking the individual obligations has Shar’i priorities. When the Muslim is able to do all his individual and collective obligations, then this is what is required, and he has no problems. However, if any clash occurs, then performing the individual obligations takes priority over the collective obligations. If a clash occurs between the individual obligations then it will be the Shar’a, and not the mind, which laid down the priority for some over others. Thus, the providing of nafaqa (maintenance) for the family takes precedence over payment of debt, and the payment of debt takes precedence over paying for the Hajj. The fasting of Ramadan takes precedence over the fast of nadhr (solemn promise). The Jum’ah prayer takes precedence over keeping one’s promise and so on and so forth.

If a clash occurs between the collective obligations where they cannot all be established, then again the Shar’a, and not the mind, laid down the priority of some over others. Here the field is wide and complicated. This is because there are many collective obligations; some are difficult and very costly, while others require great effort and time. There are so many, that the Muslim cannot possibly undertake them all. Therefore, it becomes imperative for him to undertake some at the expense of others. What he undertakes and what he leaves cannot be on the basis of whims, rational evaluation or personal choice, rather it is based on legal preference, where the Shar’a decides the priority. This is taken from the qaraa’in (Shar’ee indications) that clarify its importance.[20]

Praying salah is an individual obligation and therefore the Sahabah would not have delayed salah in favour of continuing their discussions in the saqeefah. However, burying the Prophet صلى الله عليه وسلم and appointing a head of state (Khaleefah) are collective obligations. The ijma as-Sahabah shows us that appointing a Khaleefah takes precedence over the burial. In addition to the obligation of burying the Prophet صلى الله عليه وسلم there were other important collective obligations which were not being fulfilled such as sending the army of Usama to fight the Romans and dealing with the apostates who were gathering to attack Medina itself and wipe out the Muslims. These obligations are dependent on the Islamic State which again shows the priority of appointing a Khaleefah within the collective obligations.

6.        Was delaying the burial due to the volume of people coming to pray the Prophet’s صلى الله عليه وسلم janazah?

Once the Bay’ah was concluded to Abu Bakr on Tuesday then burial preparations were made and the funeral prayer (salatul-janazah) organised.

Ibn Ishaq said, “When Abu Bakr had received the pledge of allegiance, the people began preparing on the Tuesday for the burial of the Messenger of Allah صلى الله عليه وسلم.”[21]

If an ordinary Muslim had died then the funeral prayer would have been led by an Imam in one congregation (jamat). This would have been completed quickly. However, due to the greatness of the Prophet صلى الله عليه وسلم the prayer was organised differently with no Imam and with small groups of Muslims entering the house of Aisha and praying over the Prophet صلى الله عليه وسلم individually.

Imam al Shafi’i said regarding the funeral prayer without an imam: “… and that was because of the greatness of the station of the Messenger of Allah صلى الله عليه وسلم – may my father and mother be sacrificed for him!- and for the [companions] striving amidst each other [to ensure] that no person be given the position of imam of the prayer upon him.”[22]

On the Tuesday there would have been a delay due to the huge number of Muslims reading the funeral prayer individually in small groups in the house of Aisha. But the delay from Monday to Tuesday was not due to this because as Ibn Kathir states, “It is not up to anyone to say, this [the reasoning behind praying individually] was because they had no Imam’, because we have explained above that they only began preparing him صلى الله عليه وسلم for burial after completion of the pledge of allegiance made to Abu Bakr (ra).”[23]

So the burial preparations and the funeral prayer were delayed until the Bay’ah was completed on the Tuesday and therefore the huge volume of people praying over the Prophet صلى الله عليه وسلم is not the main reason for delaying the burial for two days and two nights.

7.     If the Prophet's صلى الله عليه وسلم burial was delayed by 2 days and 2 nights why is the maximum time limit for appointing a Khaleefah 3 days and their nights?

The evidence restricting the time limit for appointing a Khaleefah to 3 days and their nights is taken from the consensus of the Sahabah over the action of Umar bin al-Khattab when he established a shura council to elect the next Khaleefah after him. Umar said to Suhaib ar-Rumi: "Lead the people in prayer for three days and put together 'Ali, 'Uthman, Az-Zubair, Sa'd, Abdur Rahman Bin 'Auf and Talhah if he returns. Stand over their heads and if five of them come together (in agreement) and choose one man whilst one refuses then smash his head or strike his head with the sword..."

This was related by Ibn Shabbah in 'Taareekh Al-Madeenah', Tabari in his 'Taareekh' (History) and Ibn Sa'd transmitted similar to this in 'At-Tabaqaat Al-Kubraa'. This was in spite of them (shura council) being from the people of Shuraa and from the senior Sahaabah. This occurred in front of the eyes and ears of the Sahaabah and it has not been transmitted that there was somebody who opposed or denounced this. As such it represents an Ijma of the Sahabah upon it not being permitted for the Muslims to be without a Khaleefah for more than three days and its accompanying nights. And the Ijmaa' of the Sahaabah is a Daleel (source of evidence) just like the Kitaab and the Sunnah.[24]

Conclusion

The Ijma as-Sahabah over the delay of the Prophet’s صلى الله عليه وسلم burial is an evidence on the obligation of establishing the Khilafah. This is not the only evidence but supplements those found in the Qur’an and Sunnah and derived from the shariah principle, “That which is necessary to accomplish a Wajib is itself a Wajib.” These evidences are well known and discussed elsewhere.[25]

Notes

[1] Malik Muwatta. Book 16, Hadith 549. http://www.sunnah.com/urn/405460
[2] al-Bidayah wan-Nihayah (5/237) and Saheeh As-Seerah An-Nabawiyyah, p.728
[3] Lataaif Al-Ma’aarif, p.114
[4] As-seerah an-Nabawiyyah by Abu Shohbah (2/594)
[5] Sahih al-Bukhari, Hadith 1241. http://www.sunnah.com/bukhari/23/5
[6] Dr Ali Muhammad As-Sallaabee, ‘The Biography of Abu Bakr As-Siddeeq,’ p.202
[7] Sahih al-Bukhari, Hadith 1242. http://www.sunnah.com/bukhari/23/5
[8] Asrul-Khilaafah Ar-Raashidah, by Al-Umaree p.40
[9] Sahih al-Bukhari, Hadith 6830. http://www.sunnah.com/bukhari/86/57
[10] al-Bidayah wan-Nihayah, 6/341. Its chain is hasan. Khilafat Abi Bakr, p.67
[11] Sahih al-Bukhari, Hadith 6830. http://www.sunnah.com/bukhari/86/57
[12] Abaatel Yajibu An-Tamuhhu Minat-Taareekh, by Ibraaheem Shu’oot (p.101)
[13] Sahih al-Bukhari, Hadith 7219. http://www.sunnah.com/bukhari/93/79
[14] Dr Ali Muhammad As-Sallaabee, ‘The Biography of Abu Bakr As-Siddeeq,’ p.250
[15] Sahih Muslim, Hadith 944. http://www.sunnah.com/muslim/11/66
[16] Al-Haythami, ‘Sawaa’iq ul-haraqah, p.17
[17] Abu Tariq Hilal, Abu Ismael Al-Beirawi, ‘Understanding Usul al-Fiqh,’ Revival Publications, p.74
[18] Ahmad Mahmoud, ‘The Dawah to Islam and the Method to re-establish the Islamic State,’ Revival Publications, p.42
[19] Ibid, p.43
[20] Ibid, p.45
[21] Ibn Kathir, As-Sira al-Nabawiyya, 5/371
[22] al-Shafi'i, Kitab al-Umm
[23] Ibn Kathir, As-Sira al-Nabawiyya, 5/379

Source: Caliphate Online