What is the bay’a? The bay’a (البيعة) is a ruling contract which governs the relationship between Muslims and the Islamic state. For those Muslims actually living in the lands under the authority of the Khilafah, the bay’a is their citizenship contract with the state.
The Caliphate is divided up administratively to aid the Caliph in the task of ruling. The territories which the Islamic State rules over are divided into provinces where each province is known as a wiliyah ruled over by a governor (wali).
Only by the establishment of a Rightly Guided Caliphate will the endless moonsighting disputes come to a close. This is because Muslims are obliged to obey the Caliph in this matter as part of their bay’a of obedience to him. Article 3 of the draft Caliphate constitution states: “The Caliph adopts specific Sharia rules, which he will enact as a constitution and laws. If he adopts a Sharia rule, this rule alone becomes the Sharia rule that must be acted upon and it becomes a binding law that every citizen must obey openly and privately.” [Hizb ut-Tahrir, Muqadimatud-Dustur Aw al-Asbabul Mujibatulah] Some of the classical scholars also held this view. The following has been reproduced from Caliphate1.com Imām Ibn Ḥajar al-‘Asqalānī quotes the following in his Fatḥ al-Bārī Sharḥ Ṣaḥīḥ al-Bukhārī: “Ibn al-Mājishūn* said: Only the people of the town where the witnessing occurs are obliged [to fast] unless it is established by the Caliph (al-Imām al Azam). In such a case, all the people are obliged [to fast], because all the towns with respect to …
The Battle of Talas took place in 751CE between the Abbasid Caliphate and the Chinese Tang dynasty. In the aftermath of the battle a number of Chinese soldiers were taken as prisoners of war back to Iraq. Among these was one Tu Huan, who remained a prisoner until 762. He narrates a graphic account of life in the Islamic State.
”The Ottoman Empire lay at our feet dismembered and impotent, its capital and Caliph at the mercy of our guns.” [Harold Nicolson] The 28th Rajab 1442AH (Friday 12th March 2021) marks the centenary anniversary of the Caliphate’s (Ottoman Empire) formal abolition in Turkey in 1342H/1924 CE. The magnitude of this event and its effect on the problems facing the Muslim world today cannot be underestimated. After 100 years without a central Islamic authority to implement, protect and propagate Islam it’s important to reflect back on the result of the Caliphate’s destruction.
BY MAZHAR KHAN 673 years, after Salahudeen liberated Palestine, the european crusaders returned. Not only to occupy Palestine but to to remove the Islamic Caliphate and the leadership of the Muslim world. 1442 (2021 CE) marks a hundred years in the Islamic lunar calendar since the abolition of the Ottoman Caliphate.
BY TAJI MUSTAFA Pardon criminals? Obama and Clinton did it. Yes, Trump is doing it. There is a way to commit the ‘perfect crime’ in America. No it’s not to kill, rape or murder and not get caught. It’s OK to get caught, just make sure you know a president who can pardon you afterwards or commute your sentence.
These are extracts from the book “Accountability in the Caliphate” by AK Newell. It should be noted that the Caliphate is an ideological Islamic State. This means all elements of the state work towards achieving Islamic objectives not material objectives. Before any of the state accountability mechanisms take effect the Caliph is restrained by his Islamic belief and taqwa. Secular democracy emanates from the belief that religion should be kept separate from politics. The ruler in a democratic system is therefore not restrained from tyranny by fearing God or divine accountability. With this fundamental aspect of accountability missing i.e. consciousness of God (taqwa) the ruler in a democratic system is prone to tyranny if he isn’t restrained by the mechanisms of government.
There is no concept in the Caliphate of a ‘pardon’ for crimes committed and where a sentence has been passed as exists in the west. The US constitution allows the President to Pardon all crimes except impeachment.
Sheikh Abu Iyas Mahmoud bin Abdul Latif al-Uweida from Jordan answers this question. He says, There are no clerics in Islam like those found in Judaism and Christianity. Every Muslim is commanded to carry the call of Islam, spread it, guard it, and abide by its rules. The ulema (scholars) and fuquhaa (jurists) are only there to teach people about Islam. They have no religious powers like those of the Jewish and Christian clergy, such as accepting the repentance of penitents, granting forgiveness, baptizing followers, legislating, and so on.