All posts filed under: Caliphate

Late Ḥanafī Authorities on the Imamate

Published by

BY ASIM AYUB. This has been reproduced from Ummatics. This article presents four annotated translations of excerpts on Sharīʿa governance from “late” (post-7th century Hijri) classical Ḥanafi works in rational theology (kalām) and spiritual psychology (taṣawwuf).1 A previous piece was dedicated to earlier authorities in the school.2 Collectively, these excerpts are representative of the Ḥanafi position that the imamate, or caliphate, is a communal obligation of utmost importance. They express the reasoning for this—including an assessment of opposing heterodox views—as well as articulating the roles, benefits, and significance of the imamate. Most of the scholarly reflection on the imamate, despite it being a matter of positive law (fiqh), is found in theological works. For the Ḥanafīs, this means in works of Māturīdī theology. Our first passage, in turn, is from one such work by Kamāl al-Dīn al-Andakānī (d. 726/1325) in which he presents consensus as the textual proof for the obligation of imamate as well as a rational proof tied to its fulfilment of sociopolitical roles necessary for the Umma. The next two extracts exemplify the synthesis of the …

Jews in the Ottoman Caliphate

Published by

This article has been reproduced from caliphate1.com In 1492, when Spain’s rulers (Ferdinand II of Aragon and Isabella I of Castile) expelled its Jewish population as a result of the Spanish Inquisition and the Alhambra Decree, Sultan Bayazid II sent out the Ottoman Navy under the command of admiral Kemal Reis to evacuate them safely to Ottoman lands. He sent out proclamations throughout the Caliphate that the refugees were to be welcomed. He granted the Jews permission to settle in the Ottoman State and become Ottoman citizens and issued a firman (decree) to the governors of his European provinces to give them a friendly and welcome reception. “You venture to call Ferdinand a wise ruler,” he said to his courtiers, “he who has impoverished his own country and enriched mine!” [The Jewish Encyclopaedia – Vol. 2, Isadore Singer and Cyrus Adler, Funk and Wagnalls, 1912, p. 460] Bernard Lewis, in his scholarly overview entitled The Jews of Islam, documents how Jews lived, worked and flourished under Ottoman rule. For example, many Jews were experts in medicine: “The prominence …

Conditions of the Caliph: The Caliph must be capable of ruling

Published by

Al-Kifāyah الكِفايَة (competency or capability) is a condition (shart) of the bay’ah[1] because “Imamate is prescribed to succeed prophethood as a means of protecting the deen and of managing the affairs of this world,”[2] and the one contracted with this great responsibility must be capable of fulfilling the task. Although kifāyah is a general term which may apply to many areas of competency, in the context of the bay’ah, and as a condition of the Khaleefah, the scholars such as al-Mawardi, al-Ghazali and al-Juwayni all mentioned it in terms of capability to rule i.e. having a ruling mentality and disposition, and free from any disability which may affect his ability to fulfil the task of discharging people’s affairs. Other conditions related to kifāyah such as sanity, being free, mujtahid and brave were mentioned as separate conditions and pillars[3], even though they are all linked to the reality of the Khaleefah’s ability to run the state. Mona Hassan says, “The caliph’s ability to actually do so, termed kifāyah, is all that remains after al-Juwaynī’s process of …

The 10 principles of justice by Shehu Uthman Dan Fodio

Published by

Shehu Uthman Dan Fodio, (1754-1817) is the founder of the Sokoto Sultanate[1] which was established in 1804 in West Africa. This is an extract from his book Usul al-‘Adl ‘The Foundations of Justice for Legal Guardians, Governors, Princes, Meritorious Rulers, and Kings.’ Notes [1] The Sokoto Sultanate is also referred to as the Sokoto Caliphate, but since the Ottoman Caliphate was in existence and it’s prohibited to have more than one Caliph, Sultanate is a more appropriate term for the reality of this state, even if the term Caliphate was used. [2] Sahih Muslim 1826, https://sunnah.com/muslim:1826 [3] Holy Qur’an, Surah Al-i-‘Imran, ayah 159 [4] Sahih Muslim 1828a, https://sunnah.com/muslim:1828a [5] Sunan Abi Dawud 2948, https://sunnah.com/abudawud:2948 [6] Aisha Abdurrahman Bewley, ‘Democratic Tyranny and the Islamic Paradigm,’ Diwan Press, 1st edition, 2018, Kindle Edition, p.85

Uthman bin Affan’s bay’a: Binding the Caliph to a constitution

Published by

The bay’a is a contract and so it’s permitted to add additional conditions to the contract, as long as these conditions do not contradict the sharia. If the khaleefah agrees to these conditions then he cannot break them without agreement from those who contracted the bay’a to him from the Ahlul hali wal-aqd (people’s electoral representatives) on behalf of the ummah. Allah (Most High) says,يَـٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ أَوْفُوا۟ بِٱلْعُقُودِ “O you who believe, fulfil your contracts.”[1]

Does حُكْم (hukm) mean judging or ruling or both?

Published by

The term حُكْم (hukm) and its derivatives appear more than 250 times[1] in the Qur’an. Allah (Most High) says, إِنَّ ٱللَّهَ يَأْمُرُكُمْ أَن تُؤَدُّوا۟ ٱلْأَمَـٰنَـٰتِ إِلَىٰٓ أَهْلِهَا وَإِذَا حَكَمْتُم بَيْنَ ٱلنَّاسِ أَن تَحْكُمُوا۟ بِٱلْعَدْلِ Allah commands you to return to their owners the things you hold on trust and, when you judge between people, to judge with justice.[2] يَـٰدَاوُۥدُ إِنَّا جَعَلْنَـٰكَ خَلِيفَةًۭ فِى ٱلْأَرْضِ فَٱحْكُم بَيْنَ ٱلنَّاسِ بِٱلْحَقِّ وَلَا تَتَّبِعِ ٱلْهَوَىٰ فَيُضِلَّكَ عَن سَبِيلِ ٱللَّهِ Oh Dawud! We have made you a khaleefah on the earth, so judge between people with truth and do not follow your own desires, letting them misguide you from the Way of Allah.[3] وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الْكَافِرُونَ “Those who do not judge by what Allah has sent down, such people are disbelievers (kafirun).”[4] In most English translations as you can see, hukm is translated as judgement because the Arabic dictionary definition of hukm includes القَضاء (al-qadaa’) which means to issue a decree or judge. In Lisan al-Arab (1290CE):  والحُكْمُ: العِلْمُ وَالْفِقْهُ وَالْقَضَاءُ بِالْعَدْلِ، وَهُوَ مَصْدَرُ …

Can women be judges in Islam?

Published by

There is no dispute among the classical scholars that it’s prohibited for a woman to hold a ruling position such as the Khaleefah or a waali (governor), although she can hold any other non-ruling governmental position, and be an active member of the Majlis al-Nuwaab (House of Representatives). This is based on the hadith narrated by Abi Bakra, that when the Messenger of Allah ﷺ was informed that the Persians had crowned the daughter of Chosroes as their ruler, he ﷺ said,

Conditions of the Caliph: Why only a Muslim Caliph?

Published by

The Khilafah (Caliphate) is an ideological Islamic State where the Islamic ‘aqeeda (belief) is the basis of the state, its institutions, systems and societal relationships. There is no separation between religion and politics in Islam as we find in the west. The Khilafah’s strength depends directly on the strength of the ideology within the state. This means those in ruling positions must be people who will work to protect, implement and propagate the deen of Islam, so the state becomes a beacon of high values, and a leading nation in the world. Only someone who believes in the ideology of the state i.e. Islam could do this, which means those in ruling positions must be Muslim. The Islamic State is no different to any ideological state within the world today. America or Western Europe for example would never accept a Muslim or Communist as President or Prime Minister. The fact that former US President Barack Obama had to repeatedly deny he is a secret Muslim is clear evidence of this. Muhammad Asad says, “One cannot …

Conditions of the Caliph

Published by

The bay’ah is a contract, and so has pillars (arkaan) and conditions (shuroot) like any other Islamic contract. The bay’ah can be described as either saheeh (valid), baatil (invalid) or faasid (defective). Pillars and conditions of the bay’ah contract A summary of the pillars and conditions of the bay’ah contract is below. Section   Pillar (rukn) Condition (shart) Contracting Party – Khaleefah Muslim Free (hurr)Sane (‘aqil)Mature (baligh) Male Just (‘adl)Capable (kifayah) Contracting Party – Muslim Ummah Muslim Mature (baligh)   Offer by Muslim Ummah   Consent (muradah) Choice (ikhtiyar) Acceptance by Khaleefah   Consent (muradah)   Subject Matter Ruling by IslamOne KhaleefahAuthoritySecurityObedience Executive Powers (salaahiyat) Contracting Party – Khaleefah Starting with the Khaleefah, while there is consensus (‘ijma) among the scholars on the pillars (arkan) that someone must possess to take up the post of Khaleefah, there are differences of opinion (ikhtilaaf), on some of the other conditions (shuroot) such as being from Quraysh, a mujtahid (able to perform ijtihad) and brave. The contractual conditions of the Khaleefah must have a shar’a daleel (divine evidence) …

Is the bay’ah a “social contract”?

Published by

It is well-known that the cornerstone of democracy is that sovereignty belongs to the people (popular sovereignty). Benjamin Franklin famously said, “In free governments, the rulers are the servants and the people their superiors and sovereigns.”[1] This is why the US Constitution begins, “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”[2] The idea of popular sovereignty has its roots in medieval Europe during the age of ‘enlightenment’. As mentioned earlier, this post-renaissance period saw a number of philosophers, develop political theories in response to the tyranny of the catholic church, and the absolute monarchs who ruled on their behalf by ‘divine right’. These thinkers therefore, developed models which would curtail the influence of religion, and limit the powers of the monarchy. One such theory, developed by Hobbes, Locke and Rosseau, is …