“All pious Muslims well-read in the Hadith (the compiled sayings of the Prophet) firmly believe in the need to establish an Islamic State headed by a Muslim Caliph. This is mentioned twice in the Holy Quran and it’s central to the Islamic faith. No Muslim scholar would debate an Islamic state and the caliphate. Muslim Sunnis claim that the caliph should hail from Meccan notability. Shiite Muslims add that he must be from Ahl al-Bayt; a member of the prophet’s family.” (Sami Moubayed, Daily Telegraph, 23 Sep 2015)

The Messenger of Allah ﷺ said: سَتَكُونُ أُمَرَاءُ فَتَعْرِفُونَ وَتُنْكِرُونَ فَمَنْ عَرَفَ بَرِئَ وَمَنْ أَنْكَرَ سَلِمَ وَلَكِنْ مَنْ رَضِيَ وَتَابَعَ ‏ ‏.‏ قَالُوا أَفَلاَ نُقَاتِلُهُمْ قَالَ ‏ لاَ مَا صَلَّوْا ‏‏ “‘There will be ameers, you recognise (something of what they do) and you reject (some). Whosoever recognised, he would be absolved (of sin) and whosoever rejected, he would be safe. But whosoever accepted and followed (what they do, he would not be safe).’ They (the Sahabah) asked ‘Shouldn’t we fight them?’ He said; ‘No, as long as they pray.’” (Sahih Muslim 1854a)

The bay’ah is a ruling contract which governs the relationship between Muslims and the Islamic state. For those Muslims living under the authority of the Khilafah the bay’ah is their citizenship contract with the state. Unlike most Islamic contracts which are one-to-one such as buying, selling, and marriage, the bay’ah is one-to-millions i.e. between the Khaleefah and the Muslim ummah. This poses a challenge on how you get the free choice and consent of millions of people which is a condition in Islamic contracts.