Dr. Wahbah Az-Zuhaili (d.2015) mentions four ways of appointing a caliph. He says, “The Fuqaha’ of Islam have mentioned four ways in respect to the manner of appointing the highest ruler for the state and these are:

An-Nass (the text)[1]
Al-Bay’ah
Wilayat ul-‘Ahd (designated successor)
Coercion (Al-Qahr) and force (Al-Ghalabah).

We will see that the correct Islamic method, in accordance with the principle of Shura and the principle of collective obligations, is one method, which is the bay’ah of the Ahlul hali wal-aqd, and the inclusion of the ummah’s approval of his (caliph) choice. As for anything other than that, its basis is weak due to arbitrary interpretation of texts, or reliance on weak texts and personal whims, or approval of an existing reality that Muslims did not find wisdom or interest in revolting against, or eliminating its existence to stop the bloodshed and prevent chaos, and taking into account external circumstances, or fear of the ferocity of the one holding power that came to him through illegitimate means such as inheritance and the like.”[2]

Shaykh Khudari Bak (d.1927) in a similar manner lists the same ways of appointing an Imam as Wahbah Az-Zuhaili, with the exception of the textual method adopted by the shia. In regards to the bay’ah, he splits this in to two parts – specific and general shura.

“These three ways of choosing the imam (general shura, specific shura of a group chosen by the previous imam, or succession to the post) are the three ways which were practised in the first era of Islam.

There is a fourth way which the scholars after the first era instituted for the establishment of the imamate, and that is by way of dominance. This happens when the Muslims have no imam, there are differences among them, and they cannot agree on a particular person. In such a situation, it is lawful for a person who knows that he has the capacity to lead the Muslim community because of his knowledge or the influence of his tribe, to demand this post of caliph. He would hence oblige the people to obey him, whether they responded willingly or by force. Once the situation subsides and his claim is accepted, his caliphate will be established and obedience to him will become obligatory.”[3]

As the source of authority, only bay’ah through shura gives true consent and free choice to the ummah. In the other three ways i.e. text, designated succession and the dominant ruler, the ummah and her representatives may give consent and accept the status quo but this should not be the norm. Rashid Ridda says, “Nor should people allow power to become like a ball that tyrants can kick back and forth between themselves, and receive from each other. Those living in nations who have been wronged allowed that to happen, assenting to that because they were ignorant of the power that was latent within themselves. They did not realize that the power wielded by their monarchs and emirs was actually their own.”[4]

Notes

[1] This is the shia position

[2] Dr. Wahbah Az-Zuhaili, al-Fiqh al-Islami wa Adilataha, 6/673, https://shamela.ws/book/384/5968

[3] Shaykh Muhammad Al-Khudari Bak Al-Bajuri, The History of the Four Caliphs, Itmam al-Wafa fi Sirat al-Khulafa’, Turath Publishing, p.27

[4] Muhammad Rashid Rida, ‘The Caliphate or Supreme Imamate,’ Translated by Simon A Wood, Yale University Press, 2024, p.91; Original Arabic: https://shamela.ws/book/9682