Delegating some executive power to a Wazir (Deputy Caliph)

There will never be a perfect Caliph because ‘to err is human’. In his inaugural speech as the first Caliph of Islam, Abu Bakr as-Siddiq said, “O people, I have been put in authority over you and I am not the best of you. If I do the right thing, then help me. If I do wrong, then correct me. Truthfulness is a sacred trust and lying is a betrayal. The weak among you is strong in my sight. I will surely try to remove their pain and suffering. And the strong among you is weak to me. I will, if Allah wills, fulfill the rights in full. When obscene things spread among any nation, calamities continue to descend upon them. As long as I obey Allah and His messenger, you should obey me. If I do not obey Allah and His messenger, then obedience to me is not an obligation upon you. Now, stand for the prayer, may Allah have mercy upon you.”[1]

We know that Abu Bakr was the best of the sahaba, and the best of the khulufa’ because Abu Hurairah said, “By the One Whom there is no god but him, if Abu Bakr had not been appointed as Caliph then Allah would not have been worshipped.”[2] Yet he taught us a very important attribute of the ruler which is humility, and that ALL rulers have some weakness and defects. This is why the Messenger of Allah ﷺ said,

مَنْ وَلِيَ مِنْكُمْ عَمَلاً فَأَرَادَ اللَّهُ بِهِ خَيْرًا جَعَلَ لَهُ وَزِيرًا صَالِحًا إِنْ نَسِيَ ذَكَّرَهُ وَإِنْ ذَكَرَ أَعَانَهُ

“Whoever among you is appointed to a position of authority – if Allah wills good for him – He will give him a righteous wazir who will remind him if he forgets and help him if he remembers.”[3]

Umar ibn al-Khattab was the wazir[4] to Abu Bakr. One day ‘Uyaynah ibn Hasan and al-Aqra’ ibn Habis came to Abu Bakr and said: “O Caliph of the Messenger of Allah ﷺ, there is some swampy land where no grass grows and it is of no use. Why don’t you give it to us to cultivate it, so that perhaps there will be some benefit in it after today?”

Abu Bakr said to those who were around him, “What do you think of what they said, if it is swampy land that is of no use?” They said, “We think that you should give it to them, so that perhaps there will be some benefit in it after today.”

So he gave it to them and wrote a document for them stating that it was theirs. He wanted ‘Umar to witness it, but he was not among the people, so they went to ‘Umar and asked him to bear witness. They found him applying pitch to a camel of his and said, “Abu Bakr has asked you to bear witness to what is in this document. Shall we read it to you or will you read it?” He said, “I am as you see I am, if you wish you can read it and if you wish you can wait until I am finished and I will read it myself.” They said, “No, we will read it.”

So they read it and when he heard what was in the document, he took it from their hands, then he spat on it and wiped it (i.e., obliterated what was written). They complained about that and said something bad. He said, “The Messenger of Allah ﷺ used to be kind to you, and Islam was in a weak position at that time. Now Allah has made Islam strong, so go and work hard. May you never succeed if you graze your flocks in that land!”

They went to Abu Bakr and started to complain, saying, “By Allah, we do not know if you are the Caliph or ‘Umar!” He said, “No, he could have been the Caliph if he had wanted to be.” Then ‘Umar came, and he was angry. He stood over Ahu Bakr and said, “Tell me about this land that you gave to these two. Is it your own land or does it belong to all the Muslims?” He said, “No, it belongs to all the Muslims.” He said, “Then what made you give it to these two only and not to all the Muslims?” He said, “I consulted these people who were around me and that is what they advised me to do.” He said, “If you consulted those who were around you, did you consult all the other Muslims, and were they pleased with it?”

Abu Bakr said, “I told you that you were more qualified for this role than I, but you insisted.”[5]

Umar was indeed a righteous wazir (وَزِيرًا صَالِحًا) to Abu Bakr and a mirror for him,[6] mitigating the minor shortcomings that occurred during his Caliphate.

Having said this, the Caliph cannot over-delegate (tafweedh) his executive powers to a wazir, because this will make the bay’ah contract fasid (defective), since the bay’ah is to the Caliph and no one else in executing the rules of Islam.

Al-Mawardi says, “He [the Imam] must personally take over the surveillance of affairs and the scrutiny of circumstances such that he may execute the policy of the Ummah and defend the nation without over-reliance on delegation of authority (al-Tafweedh) – by means of which he might devote himself to pleasure-seeking or worship (ibadah) – for even the trustworthy may deceive and counsellors behave dishonestly.”[7]

Wael Hallaq says, “According to Juwayni, the principle of delegation is indispensable in governmental institutions, for it constitutes the only means by which the imam can control and run the far-flung provinces of the empire. But by delegating his powers to others the imam always runs the risk of officials rebelling against him. To minimize such a risk the imam must employ informants who would be directly responsible to him to provide him with a brief report about the main events in each province.”[8]

Appointing an advisory council

In addition to appointing a wazir, the Caliph should appoint an advisory council Maktab Al-Mutashareen (مَكْتَب المُسْتَشارَيْنِ)[9] as part of his executive office. This will consist of specialists and ulema in various fields who the Caliph can seek shura from. This will mitigate against his lack of knowledge, because the Prophet ﷺ said, “The cure for ignorance is asking”.

Jābir narrated: We set out on a journey. One of our people was hit by a stone that injured his head. He then had a wet dream. He asked his fellow travellers: “Do you find a concession (rukhsa) for me to perform Tayammum?” They said: “We do not find any concession for you since water is available to you.” He, thus, took a bath and died (as a result). When we came to the Prophet ﷺ the incident was reported to him. He said: “They killed him, may Allah kill them! Why had they not asked when they did not know? The cure for ignorance is asking. It would have been enough for him to perform Tayammum and to press – or bind – a cloth over his wound then wipe with wet hands over it and wash the rest of his body.”[10]

Shehu Uthman Dan Fodio says, “The ruler must have upright and courageous scholars to advise him and he must listen to their advice. The scholars have a duty to advise the ruler on what is best for ruler and ruled and not fear his displeasure. They are obliged to raise their voices against injustice or what is not correct. If the ruler fails to establish justice, then they must sever relations with the ruler.”[11]

Mona Hasan says, “The level of scholastic competence that would enable someone to engage in independent legal reasoning, or ijtihād, was also required of the imam.[12] In contrast to the stipulation of lineage, the absence of ijtihād could significantly impair the leader of the Muslim community’s ability to perform his duties. al-Juwaynī resolves this dilemma by suggesting that the otherwise capable Muslim leader refer matters requiring juridical investigation to the scholars of the community. These religious scholars would be in a position to guide the caliph’s policy by clarifying Islamic rulings on any perplexing issues that should emerge. According to Islamic principles, such a resolution would be far more preferable than allowing the community to flounder in a political and administrative void.”[13]

Notes

[1] Ibn Hisham, al-Sīrah al-Nabawīyah 2/661

[2] Jalal ad-Din as-Suyuti, ‘The history of the Khalifahs who took the right way’, translation of Tareekh ul-Khulufaa, Ta Ha Publishers, p.60

[3] Sunan an-Nasa’i 4204, https://sunnah.com/nasai:4204

[4] In classical Islamic thought, the wazir ul-tafweedh is one who contractually has general authority anywhere in the state, so the Khaleefah can use him for any task he wishes. Al-Mawardi says, “Those officials who have general authority over all provinces in general: these are the wazirs as they are representatives in all matters, without specialisation.” [Abu l-Hasan al-Mawardi, The Laws of Islamic Governance, translation of Al-Ahkam as-Sultaniyah, Ta Ha Publishers, p.36]

[5] Dr Ali Muhammad As-Sallaabee, ‘Umar bin al-Khattab, His life and Times’, Vol. 1, International Islamic Publishing House, p.149

[6] Al-Adab Al-Mufrad 238, https://sunnah.com/adab:238

[7] al-Mawardi, Op.cit., p.28

[8] Hallaq, Wael B. “CALIPHS, JURISTS AND THE SALJUQS IN THE POLITICAL THOUGHT OF JUWAYNI?” The Muslim World 74, no. 1 (1984): 26–41. doi:10.1111/J.1478-1913.1984.TB03447.X. https://www.academia.edu/63763301/Caliphs_Jurists_and_the_Saljuqs_in_the_Political_Thought_of_Juwayn

[9] Al-Waie Magazine, Issue 150, 1999, http://www.al-waie.org/archives/article/6783

[10] Sunan Abu Dawud 336, https://sunnah.com/abudawud:336

[11] Aisha Bewley, ‘Democratic Tyranny and the Islamic Paradigm,’ p.85

[12] This is the Al-Shafi’i mazhab opinion where being mujtahid is a contractual condition for the Caliph.

[13] Mona Hassan, ‘Longing for the Lost Caliphate,’ Princeton University Press, 2016, p.104