In the time of Abu Bakr and Umar the people trusted their opinion over their own, so there was no real requirement to consult the ordinary people of a province on who their governor should be. We can see this in the selection process for the next caliph where the Ahlul hali wal-aqd[1] (senior sahaba) said to Abu Bakr: “O Caliph of the Messenger Allah, your opinion is our opinion (i.e., appoint your successor for us).” He said, “Then give me some time, so that I can see what is best in the view of Allah and what is best for His religion and His slaves.”[2]

Similarly, when Umar was stabbed and his death was imminent, the Ahlul hali wal-aqd came and asked him to nominate a successor as Abu Bakr had done for him. Umar couldn’t come to a decision so he appointed a council of six candidates who were all from the 10 promised jannah to meet after his death and appoint a caliph.

Near the end of Uthman’s caliphate and the loss of many senior sahaba, discontent and organised rebellion began to emerge. A man asked Ali bin Abi Talib (ra) why people obeyed Abu Bakr and Umar during their rule, yet in his and Uthman’s rule people started to disobey and rebel. Ali replied to him,

لأن رعية أبي بكر وعمر كانوا مثلي ومثل عثمان، ورعيتي أنا اليوم مثلك وشبهك

“Because the subjects of Abu Bakr and Umar were like me and Uthman, and my subjects today are like you and similar to you!”[3]

Uthman had to adopt a new method with regards to appointing governors and take shura directly from the influentials in the province as opposed to shura with his close advisors (wazirs). This method of allowing the people’s representatives to appoint (elect) their amirs is established in the sunnah as mentioned above.

A point to note here is that although the senior sahaba remained silent over Uthman’s action of allowing the people’s representatives to elect their amirs, this is not considered ‘ijma as-sahaba (consensus of the companions) because there is textual evidence in the sunnah permitting it. In addition, this policy falls under the general powers of the Imam to administer the state according to his own ijtihad based on the hadith:

فَالْإِمَامُ الَّذِي عَلَى النَّاسِ رَاعٍ وَهُوَ مَسْئُولٌ عَنْ رَعِيَّتِهِ

“The Imam[4] is a guardian, and he is responsible over his subjects.”[5]

Taqiuddin an-Nabhani (d.1977) explains that for an action to be considered ‘ijma as-sahaba “it should not be of the matters which the Imam has the right of disposal in them by his own opinion like the money in the treasury (Bayt al Maal), the disposal of it is made to be according to the opinion of the Imam, so his disposal in a matter like giving money by preferences not equally[6], then the silence of the sahaba on that is not considered a silent consensus (al-Ijma’ al-Sukuti); because although it appears to be injustice between people, but the reality is that it had been made the Imam’s right of disposal according to his opinion and Ijtihad, so their silence is not on an evil matter (Munkar), and the deed of the Khaleefah will be his own ijtihad not a consensus. Thus all that of which the opinion is made to be up to the Imam is not considered to be of the consensus, even if the sahaba kept silent on it.”[7]

Abu Musa Al-Ashari elected as governor of Kufa under Uthman

In the year 34H Sa’id ibn Al-As was the governor of Kufa in Iraq. The influentials of Kufa came to Medina and complained about their governor Sa’id and wanted Uthman to remove him. Initially Uthman refused because the complaint wasn’t valid and was initiated by Malik ibn al-Harith, who was known as al-Ashtar a man of fitna.[8]

The people of Kufa had a reputation for making unsubstantiated claims against their governors. ‘Umar ibn al-Khattab said of them: “I am very tired and no longer know what to do with the people of Kufah; they are not pleased with anyone and no one is pleased with them; they are not good to any governor and no governor could be good for them.”[9]

It was also narrated about Umar that he consulted about who to appoint over Kufa, as its affairs had exhausted him. If he appointed someone gentle over it, they would weaken him, and if he appointed someone harsh over it, they would complain about him. He said: “I wish I could find a strong, trustworthy Muslim whom I could appoint over them.”[10]

Despite this reputation of the people of Kufa Uthman agreed to their choice (election) of Abu Musa Ashari. After the people of Kufa expelled their governor Sa’id ibn Al-As, he made his way to Medina and met with Uthman. Uthman asked Sa’id, “What do they want? Have they withdrawn their hand from obedience?” (Sa’id) responded, “They proclaim that they want a change (of governors).” “Whom do they want?” asked (`Uthman). “Abu Musa (al-Ash’ari),” replied (Sa’id). (Uthman) said, “Then we have set Abu Musa over them. By Allah, we shall create no excuse for anyone, nor will we leave them any proof [against us). We shall endure patiently, as we have been commanded to do, until we attain what they desire.”[11]

Muhammad ibn Abi Bakr elected as governor of Egypt under Uthman

Abdullah Ibn Abi Sarh was the governor of Egypt. The influentials of Egypt came to Medina in the year 35H to complain about him and wanted him removed. “Seven hundred men left Egypt and dwelt in the mosque (of Madinah). They complained to the Companions at the times of the prayers about what Ibn Abi Sarh had done…Uthman said to them, “Choose from amongst yourselves a man whom I shall appoint over you in his (Ibn Abi Sarh’s) place.” The people indicated to him Muhammad ibn Abi Bakr. They said, “Appoint Muhammad ibn Abi Bakr over us.” He wrote his covenant (‘ahd) and appointed him.”[12]

Notes

[1] The source of authority in an Islamic State from which the caliph gains his legitimacy to rule is the ummah, or more specifically her political representatives known in the classical texts as the Ahlul hali wal-aqd (أَهْل الحَلّ والعَقْد), which literally means ‘the people who loosen and bind’, i.e. those who have the authority to contract, remove and account the caliph.

[2] Dr. Ali Muhammad As-Sallabi, ‘The Biography of Abu Bakr As Siddeeq’, Darussalam Publishers, 2007, p.724

[3] al-Turtushi (d.1126CE), Sirāj al-Mulūk, https://shamela.ws/book/1585/114

[4] Imam here means the khaleefah i.e. the great Imam الْإِمَامُ الْأَعْظَمُ. Ibn Hajar, Fath al Bari, https://shamela.ws/book/1673/7543#p1

[5] Ṣaḥīḥ al-Bukhārī 7138, Ṣaḥīḥ Muslim 1829

[6] Abu Bakr and Umar differed over distributing the funds. Abu Bakr distributed them equally among people whereas when Umar was caliph he adopted a different approach and distributed them according to the person’s rank and contribution to Islam. Both of these policies is permitted and there is no ‘ijma here as its established from the sunnah that the Imam has this power. See Dr Ali Muhammad as-Sallabi, ‘Umar ibn Al-Khattab: His life & times,’ Vol.1, International Islamic Publishing House, p.477

[7] Taqiuddin an-Nabhani, ‘The Islamic Personality,’ translation of Ash-Shaksiyya Al-Islamiyya, Vol.3, p.533

[8] Dr Ali Muhammad As-Sallabi,’The Biography of Uthman bin Affan,’ Darussalam, p.406

[9] al-Ma’rifah wa’l-Tareekh by al-Fasawi, 2/754 quoted in Dr Ali Muhammad As-Sallabi,’The Biography of Uthman bin Affan,’ Darussalam, p.406

[10] Judge Hussein bin Mohammed Al Mahdi – Member of the Supreme Court of the Republic of Yemen, The book of Shura in Islamic Law, 2009, https://shamela.ws/book/26217/98#p1

[11] Abu Ja`far Muhammad b. Jarir al-Tabari, ‘The History of Al-Tabari’, translation of Ta’rikh al-rusul wa’l-muluk, State University of New York Press, Vol. 15, p.135

[12] Jalal ad-Din as-Suyuti, ‘The History of the Khalifahs who took the right way,’ 3rd Revised edition, a translation of the chapters on al-Khulafa’ ar-Rashidun from Tarikh al-Khulafa’, Translated by Abdassamad Clarke, Ta-Ha Publishers Ltd, p.169; https://shamela.ws/book/11997/129#p1