The 12 Naqibs The Aws and Khazraj tribes whom Islam united together as the Ansar (helpers), were sub-divided into various clans who managed their own administrative affairs as devolved ‘mini-provinces’. The chiefs of these clans were not appointed by the Prophet ﷺ, but rather ‘elected’ by the tribes themselves on his ﷺ orders. Ka’b ibn Malik narrates that the Prophet ﷺ said, أَخْرِجُوا إلَيَّ مِنْكُمْ اثْنَيْ عَشَرَ نَقِيبًا، لِيَكُونُوا عَلَى قَوْمِهِمْ بِمَا فِيهِمْ. فَأَخْرَجُوا مِنْهُمْ اثْنَيْ عَشَرَ نَقِيبًا، تِسْعَةً مِنْ الْخَزْرَجِ، وَثَلَاثَةً مِنْ الْأَوْسِ. أَسَمَاءُ النُّقَبَاءِ الِاثْنَيْ عَشَرَ وَتَمَامُ خَبَرِ الْعَقَبَةِ “Bring out to me from among you twelve chiefs (naqibs), so that they may be in charge of their people and what is in them.” So they brought out from among them twelve chiefs, nine from the Khazraj, and three from the Aws.[1] It is clear from the Sahifa and the command of the Prophet ﷺ: أَخْرِجُوا إلَيَّ مِنْكُمْ اثْنَيْ عَشَرَ نَقِيبًا، لِيَكُونُوا عَلَى قَوْمِهِمْ بِمَا فِيهِمْ “Bring out to me from among you twelve chiefs (naqibs), so that they may be in charge of their people …

Devolution is the transfer or delegation of power to a lower level, especially by central government to a local or regional administration. This is different to a federal state where power is shared between states and the central (federal) government. In such a model, provinces have a constitutional right to disobey the central government, and execute their own policies and laws in certain (non-federal) areas. Therefore, in origin the caliphate is a unitary state with devolution and not a federal state even though the differences between the two are small. In the case of America’s federal model, it’s almost identical administratively to how a future caliphate would look i.e. a United States of Islam (USI). The Islamic State has a unitary executive, where in origin all executive ruling power is with the caliph. This power is transferred to the caliph from the ummah who are the source of authority (مَصْدَر السُلْطَة masdar al-sultah)[1] via the bay’ah contract. Muhammad Haykal says, “The sultah (authority) in Islam belongs to the Ummah and she passes it to the ruler in accordance to a contract …

What is the Ahlul hali wal-aqd? The sharia texts related to the bay’ah are ‘aam (general) in their address by use of the relative pronoun مَنْ which translates as whoever.[1] They therefore include the entire Muslim ummah, which is why we say the source of authority in origin is with the ummah. This is seen in numerous ahadith on the bay’ah: مَنْ كَرِهَ مِنْ أَمِيرِهِ “Whoever sees in his Ameer…”[2] مَنْ خَرَجَ مِنَ الطَّاعَةِ “Whoever withdraws obedience (to the Ameer)…”[3] مَنْ بَايَعَ إِمَامًا “Whoever gave bay’ah to an Imam…”[4] مَنْ مَاتَ وَلَيْسَ فِي عُنُقِهِ بَيْعَةٌ “Whoever dies while having no bay’ah on his neck…”[5] When it comes to exercising that authority however, a problem arises because the bay’ah is a contract of one-to-millions i.e. between the caliph and the Muslim ummah. This is different to other Islamic contracts which are one-to-one such as buying, selling and marriage. This poses a challenge on how you get the consent of millions of people which is a condition in Islamic contracts. Historically it was not possible for every Muslim to participate in the election of the Imam, which is why in the rightly guided caliphate of …

Society is defined as “a large group of people who live together in an organized way, making decisions about how to do things and sharing the work that needs to be done. All the people in a country, or in several similar countries, can be referred to as a society.”[1] The concept of society (مُجْتَمَع) is intrinsically linked to the discussion of authority, because it’s the authority and government which plays the greatest role in shaping and controlling society. The Ottoman historian Tursun Beg (d.1499) said, “With the pen of scribes, the ruler turns the noble into a wretched, and the wretched into a noble…with the sword of executioners he takes lives. As such he manifests the attributes of the Necessary Existent as if he shares the sultanate with Him except that the ruler of the world is a mortal.”[2] The source of authority (masdar al-sultah) is based on societal concepts which are in turn based on the Islamic ‘aqeeda which forms a distinct viewpoint of life, and which influences the type of authority that is established. This is why …