The Muslim Khilafa: Definition of Khilafa and Khalifa
The Muslim Khilafa: Definition of Khilafa and Khalifa
The Muslim Khilafa: Definition of Khilafa and Khalifa
The Majlis-Ash-Shura
The Majlis-Ash-Shura
There is no fixed size for this group, however, it is generally agreed that it should not be too large.
Muslim scholars have established some basic prerequisites which the members of the Majlis-ashShura should have to become part of that group. All agree that the members must be adults (in Islam,
this means anyone who has entered puberty), and of sound mind. These members are chosen by the
various communities in the ummah. Other prerequisites, while generally agreed upon, differ slightly
from scholar to scholar.
Al-Mawardi has written that each member should satisfy three conditions: he must be just, he
must have enough knowledge of Islam to differentiate between a potentially good Khalifa and a
bad one, and he must have sufficient wisdom and judgment to select the best leader.
Al-Juwayni has four conditions for the Majlis-ash-Shura: each member must be a man,
knowledgeable, above average relatively, and Muslim.
Abdul-Jabbar is of the opinion that the members must have enough knowledge to select he who
can be Khalifa - enough Islamic knowledge in particular, and wisdom and judgment in general.
Muhammad Rida wrote that the Majlis-ash-Shura should be the best of the ummah, composed of
the scholars, leaders, soldiers, businessmen, and respected people of the society. All the members
should have deep knowledge of Islam as a basic prerequisite. They must be people whose
opinions and decisions are obeyed and respected. The Majlis-ash-Shura should have people from
many fields of expertise to ensure a broad base of support and knowledge.
Faiyadh has written that the Majlis-ash-Shura serves as an intermediary between the people and
the Khalifa. The most qualified people to be in the Majlis-ash-Shura are the leaders of the
different 'tribes', the Muslim scholars, and those experienced in life (i.e., experts in non-Islamic
fields like economics, engineering, medicine, etc.). These are also the ones who represent the
ummah and who can speak against the ummah.
Al-Baghdadi believed that the Khalifa and the Majlis-ash-Shura should be selected from amongst
those who can choose wisely.
Some scholars say that at least a majority of the Majlis-ash-Shura must agree on the new Khalifa.
Al-Ashari believes the Khalifa could be given to an eligible person even by a single vote if he
l
l
comes from the Majlis-ash-Shura and has a good Islamic character. There must also be no valid
objection supported by evidence or witnesses.
Another group of scholar's opinion is that the Khalifa must have two votes for him in the Majlisash-Shura who are good Muslims (two because the Majlis-ash-Shura is a jama'a which is at least
three people).
A fourth opinion is that the Khalifa must have four votes (with no countering objection) because
witnessing to a charge of adultery in Islam requires four witnesses.
A fifth opinion holds that at least three votes are necessary to make the decision have the
strength of a jama'a behind it.
A sixth opinion is that at least five votes are needed to make an even stronger decision.
Finally, a seventh group of scholars believes that it requires 40 members of the Majlis-ash-Shura
to vote for the same candidate for him to become the new Khalifa since Friday prayer requires 40
people to be valid (according to some scholars).
Ibn Hanbal wrote that if a Khalifa has seized power, it is haram to fight him. However, he must
meet his responsibilities under Islam.
Ash-Shafi'i believed that a person who seizes power and then is accepted by the people is a
legitimate Khalifa.
An-Nawawi believed that if someone forces himself on the ummah, but is qualified, then he
should be accepted by the people to avoid Muslim bloodshed and to preserve Muslim unity. AnNawawi also claimed that if the new Khalifa subsequently does not follow the sunnah of the
Prophet precisely, it would be still be questionable to fight against him because of the paramount
importance of avoiding Muslim bloodshed and disunity.
Ibn Khaldun, Al-Asqalani and Al-Juwayni all believed that forceful seizure of power by
someone is legitimate as long as he follows Islam as the new Khalifa.
Ibn Taymiya wrote that after someone has seized power, he is legitimate so long as he follows
the Qur'an and Sunnah.
All scholars are in unanimous agreement that using force to displace an already established Khalifa
who is meeting his responsibilities is forbidden.
The above scholars rely on the following ahadith to support their opinions.
l
From Sahih Muslim: A companion of the Prophet named Hudhayfah asked the Prophet about
what the future holds for the Muslims. The Prophet replied that they will be led by devils at some
point. The Prophet then added that the Muslims should obey these leaders.
From Sahih Bukhari and Sahih Muslim: The Prophet noted that there will come leaders whom
the Muslims will not like - that is, they will not follow the Sunnah precisely. The Prophet
continued and ordered the Muslims to "give your right to them, and ask God for your right," or in
other words be patient.
From Sahih Muslim: The Prophet asked people for their bay'a in which he asked for obedience
during weakness and strength, wealth and poverty. This request for obedience from the people
applies to the Khalifas as well unless they exhibit signs of kufr.
l
l
Al-Mawardi believed that if the Khalifa has followed the Qur'an and Sunnah, the people must
follow and support him. On the other hand, if he becomes either unjust or handicapped to the
point of ineffectiveness (such as blindness or an amputation), then he must be removed.
Al-Baghdadi believed that if the Khalifa deviates from justice, the ummah needs to warn him
first to return to the straight path. If this fails, then he can be removed.
Al-Juwayni held that since Islam is the goal of the ummah, any Khalifa who steps away from this
goal must be removed.
Ashighistani wrote that if the Khalifa is found to be ignorant, oppressive, indifferent, or a kafir
after his selection, then he must be removed.
Al-Ghazali believed that an oppressive Khalifa must be told to desist from his crimes. If he does
not, then he must be removed.
Al-Iji believed the ummah has a definite list of permissible reasons to remove the Khalifa.
Al-Asqalani wrote that if the Khalifa starts to act as an unbeliever, it is prohibited to obey him
and obligatory to fight him. It is obligatory to stand against him if one can - and this entails a big
reward. Those people who choose to ignore the situation are in sin, whereas those who cannot
fight should emigrate (to organize resistance). Al-Asqalani used two ayahs from the Qur'an in
particular to support his position. The first is from surat Al-Ahzab 67-68, "...And they would say,
'Our Lord! We obeyed our chiefs and our great ones, and they deceived us as to the right path.
Our Lord! Give them a double penalty and curse them with a very great curse'...", and the second
is from surat Al-Baqara 167, "...And those who followed would say, 'If only we had one more
chance, we would clear ourselves of them, as they have cleared themselves of us.' Thus will
Allah show them (the fruits of) their deeds as (nothing but) regrets. Nor will there be a way for
them out of the Fire..."
Muslim reported that Ibn Umar said the Prophet ordered every Muslim to obey their leader
unless commanded to do something bad, in which case they must neither obey nor listen. Muslim
also reported that Ibn Malik said the best leader is the one where mutual love exists between him
and the people, and the worst leader generates mutual hate. However, even in the latter case,
fighting the Khalifa is prohibited unless he enters kufr by stopping prayers or zakat for example.
Ibn As-Samit reported that the Prophet said to obey him in all things and situations, and not to
remove the leaders unless they openly practice kufr.
Abu Daud reports from Ibn Ujrah that the Prophet entered a masjid, and said there will come
leaders after him who disobey the Qur'an and Allah. Those who help them are not of the
Muslims, but if someone opposes them, he or she is of the Prophet's people.
The Khalifa must be seriously and unrepentantly off the straight path if he is to be accused of kufr.
Actions like neglecting prayers, ignoring the fast, and claiming that the Qur'an and Sunnah are
outdated are the types of crimes that indicate kufr on the part of the Khalifa. In such circumstances, he
must be warned quietly first before taking any physical action against him. However, in cases where
the Khalifa is not a kafir, but is simply very belligerent (e.g., seizing the land of others unjustly), the
people are obligated to yield their rights (including possessions) to avoid bloodshed. Instead, they
should pray to Allah to restore their rights.
Al-Juwayni has written that if the Khalifa acts strangely and is leading the Muslims to weakness,
the ummah should not allow individuals to step forward and challenge the Khalifa because this
leads to anarchy. Rather, any change must go through the Majlis-ash-Shura.
Al-Mindad believed that an oppressor cannot be the Khalifa, a judge, imam for prayer, or even a
simple witness. However, if he is already the leader, then we must go through the Majlis-ashShura first to remove him.
Ash-Shahastani believed that the Khalifa is very important, so in case of disagreement between
him and the people, no individual should go about creating turmoil. Instead, the people should go
through the Majlis-ash-Shura.
Al-Ash'ari noted that the first fitnah or dispute after the Prophet's death was the dispute over the
Khilafa.
Ibn Taymiya believed that an oppressive Khalifa should not be fought against immediately, but
rather after going through the Majlis-ash-Shura first (and failing).
An-Nawawi wrote that a sinning, oppressive Khalifa should be removed by the Majlis-ashShura. However, if much bloodshed among the Muslims is forthcoming, then the ummah should
avoid the fighting and bear him.
Ghazali believed that a bad Khalifa should be borne to avoid the possible killing of Muslims.
However, the Majlis-ash-Shura should warn the Khalifa quietly at first. If the Majlis-ash-Shura is
unsuccessful, and fighting is threatened, then the ummah must weigh the possible cost of many
deaths against oppression. Sometimes the bloodshed warrants that the oppressive Khalifa should
be tolerated.
The Majlis-ash-Shura is the body which has the authority to remove the Khalifa if he behaves contrary
to Islam. At first, the Majlis-ash-Shura must advise the Khalifa of his deviant behavior, and warn him
to stop. If the Khalifa does not change, then he must be told to resign. If he refuses and threatens to
use physical force to stay on (e.g., a corrupt army backs him), then the Muslim ummah has three
options available to it at that point:
1. Fight him according to some scholars.
2. Be patient, and let him lead, to avoid Muslim bloodshed. This is the strongest opinion: the
majority of the ahl-ul-hadith and scholars of the Sunnah advocate this view including Malik,
Ash-Shafi'i, and Ahmad.
3. Depending on the circumstance, either fight or be patient according to some scholars.
When should the ummah have to fight? Muslim scholars all agree that fighting is obligatory on the
ummah when the Khalifa starts to alter Islamic doctrine and practice. This makes him a clear kafir.
Some scholars say that the Khalifa can be fought even when he becomes only a fasiq - e.g., he
believes in prayer, but does not do it regularly. The majority of scholars say that this particular offense
(neglecting prayer) is kufr anyway - not just fisq.