The Caliphate is an embodiment of the Shari’ah in maintaining a just society. The Shari’ah contrary to how it is perceived by the West is a law of divine origin, which is cited by scholars as embodying ideas such as: freedom of religion, protection of life, protection of property, the right to an education, a just and fair legal system to name but a few. Just by this very understanding the Caliphate governing by the Shari’ah would establish what is known as the notion of utopia. Plato in his Republic attempted to pen down one of the earliest known ideas of utopia and this was followed centuries later by Thomas Moore who would go on to write an entire book called Utopia followed by Francis Bacon in his New Atlantis. The Caliph under the Shari’ah law would govern by God’s law in a just manner that wouldn’t allow for man’s desire to get the better of him. And so every wish of the Caliph would need to be agreed to by the Shari’ah.
One of the first Muslim scholars to pen down the doctrines surrounding the systematics encompassing the Caliphate system was al-Mawardi, al-Mawardi in his Ahkam Al-Sultaniya (The Ordinance of Government) argues that: “Men are naturally driven by desire to ignore the promises of the hereafter for the sake of immediate pleasure”, hence why al-Mawardi points towards the importance of having a ruler. Similarly Thomas Hobbes writes: “without rulers, men would exist in a state of utter chaos and unmitigated savagery”.
Imam al-Mawardi calls for certain qualities that must be present in a Caliph in order to qualify him as someone eligible for this position:
- Must have qualities of Adalah (Justice)
- Must have knowledge (‘ilm) and must be able to reason independently (Mujtahid)
- He must be physically fit and able (Kifaya)
- He must possess sound hearing, sight and speech
- Must be courageous and fearless (Najda)
- Must be from the tribe of Quraysh
These are the requirements for a potential Caliph as expounded by the illustrious scholars, yet in order for a potential Caliph to gain power and control there are a further four ways he can establish a Caliphate:
- Those mentioned directly or indirectly in the Qur’an and Sunnah.
- Abu Bakr al-Siddique
- Imam Mahdi
- Isa (Jesus)
- The Previous Caliph assigns another individual to lead.
- Example, Umar who inherited from Abu Bakr
- A group of influential people known as the Ahlul Halli Wal ‘Aqd must consult (shura) and give the pledge of allegiance (bay’ah) in order to put the caliph in power.
- The people of the Ahlul Halli Wal ‘Aqd must fulfil three criteria:
- Must be people of Adalah (They must be people who uphold justice)
- Must be knowledgeable of the criteria pertaining to the requirements of becoming a Caliph
- They must be individuals who have a public voice
- Imam Ahmad in his Minhaj al-Sunna writes: “The Imam is the one whom all the Muslims are agreed on to call him the Imam”
- Abu Bakr was elected through a shura and then the bay’ah was given to him.
- Uthman ibn ‘Affaan became caliph after Umar delegated the decision to ashura of 6 senior sahabah
- Ali was elected the same way
The purpose of the Ahlul Halli wal ‘Aqd are to represent the majority of the Ummah, according to al-Ghazzali in his Mustazhiri even if this be a single person, however, note that al-Ghazali makes it quite clear that if it is a single person then this single person must represent the multitude of people. This view was also shared by al-Mawardi.
- The Caliphate can be taken by force (Ghalaba/Taghalub)
Based on these four criteria, the caliphate established by Abu Bakr al-Bagdhadi does not fit into criteria 1 as his name is not mentioned in the Kitab and Sunnah so that leaves three more. He doesn’t fit into the second category either as the Ottoman Empire was disbanded in 1924 so he never succeeded anyone. So it is either category three or four. It cannot be criteria 3 for the majority of the Muslims are against ISIS, the Ulama have responded in the negative.
Category three requires the Bay’ah of the ahlul Halli Wal ‘Aqd (Influential people), now these people are supposed to represent the majority of the Muslim ummah’s sentiment. However, Abu Bakr Bagdhadi’s Ahlul Halli Wal ‘Aqd are not reprehensive of the majority of the ummah and this is quite clear. In the UK alone senior Imams from both the Sunni and Shia sect united to create a 4 minute video denouncing ISIS as illegitimate. There was also a Fatawa response to ISIS by the great Mauritanian scholar Sheikh Abdullah Bin Bayyah denouncing the acts of ISIS as in great opposition to the true values of Islam. So, the rumoured people of influence that gave Bay’ah to al-Bagdhadi who are they?
The Bay’ah (pledge of allegiance) of the Ahlul Halli Wal ‘Aqd is required first before the creation not the other way round as was the case with ISIS. To claim that they represent Islam and are now the leaders of the Muslim Ummah and therefore requiring the Bayah Taa’ah (allegiance of obedience) as wajib on all of us is clearly fallacious. No such thing is required as the Bay’ah In’iqaad of their ahlul halli wal ‘aqd is considered invalid by the majority of the scholars who represent the majority of the people.
Therefore, based simply on this al-Bagdhadi’s state (dawla) is not one that is holistic in the sense of Dawla Islamiyya (Islamic State) which represents all the Muslims; but is merely a state based not on religious grounds but political. It has no claim to the concept of Caliphate as known by the Jurists. It is merely a political ploy perhaps in response to western foreign policy, or perhaps simply following orders by those above.
“When he is empowered, he sets out to do violence in the land, destroying crops and livestock. But God does not love violence” (Qur’an, 2:205).
Has not ISIS destroyed more than crops and livestock, even men, women and children? These very individuals many of which are young who are trigger hungry love the very thing Allah dislikes.
A statement of the Caliph ‘Umar ibn al-Khattab, may God be pleased with him, from his last sermon follows:
“Whoever pledges allegiance to someone not appointed by the consultative process of the believers, neither he nor the one to whom he pledged allegiance are to be followed, out of fear of foolishly exposing themselves to being killed with them.”
As for the last and final criteria well this still requires an oath of allegiance by the people, it is simply not the case that once power is taken that it is thereby evident the Caliphate is created and remains and no one can challenge it. Even within this there are certain requirements that needs to be filled.
