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 …

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

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 …