Author: Muhammad Dawood Yusufi Eshaqzahi
Islam and Democracy (Part 24)
The Model and Structure of the Islamic State
In the previous discussion, we explained the first method of appointing a caliph or ruler. In this section, the second method will be examined:
Pledge of Allegiance and Appointment by the Preceding Caliph (Appointment of a Successor)
According to Ahl al-Sunnah, the imamate is validly established, just as it may be established through the selection of the Ahl al-Hall wa al-‘Aqd (those qualified to make binding decisions), so too may it be established through the appointment of a successor by the preceding caliph. According to Sunni scholars, the Sharī‘ah specifies the qualifications required for the office of the imamate without designating any particular individual. The responsibility of the people is therefore to choose someone who possesses these qualifications and is capable of assuming the office of the caliphate.
The caliph is also among the most knowledgeable members of the Ahl al-Hall wa al-‘Aqd concerning the interests of the Muslims. Therefore, if he appoints someone as his successor, his rule is considered legitimate.
The evidence for the permissibility of this method is found in the practice of the rightly guided caliphs, including:
-
Abu Bakr al-Seddiq (RA) appointed Umar ibn al-Khattab (RA) as his successor.
-
Umar ibn al-Khattabb (RA) entrusted the matter of the caliphate to a six-member council.
Their actions were accepted by the Companions, as no opposition to these procedures has been authentically reported from them.
Imam Shāh Walī Allāh al-Dihlawī (RA) states, “The second method is the appointment of a successor by the caliph (appointment of a successor). That is, a just caliph should, in accordance with the interests of the Muslims, appoint someone who fully possesses the qualifications required for the caliphate. He should also recommend to the people that they follow him. Such a person thereby acquires a special position among the people, and it is necessary for them to accept him as caliph. The establishment of the caliphate of Umar al-Faruq (RA) also took place in this manner.” [1]
Issues Related to Appointment of a Successor
Two issues arise in this regard:
-
If the incumbent imam appoints someone as his successor, is the imamate established by this appointment, or is the pledge of allegiance (bayʿah) by the Ahl al-Hall wa al-ʿAqd also required?
-
If the incumbent caliph appoints his father, son, or another relative who possesses the qualifications for the imamate as his successor, is such an appointment valid?
Regarding the first issue, scholars have differed:
-
Al-Mawardi (RA): Upon the death of the caliph, his appointed successor assumes the position in his place, and his authority becomes binding upon the Muslim community, even if the Ahl al-Hall wa al-ʿAqd do not agree with him. [2]
-
The scholars of Basra: They consider the approval of the Ahl al-Hall wa al-ʿAqd to be a necessary condition.
-
Imam Abu Yaʿla (RA): He considers the presence and approval of the Ahl al-Hall wa al-ʿAqd to be a condition for the establishment of the imamate.
-
Shaykh Abdullah al-Damiji: He gives preference to the view that the pledge of allegiance by the Ahl al-Hall wa al-ʿAqd is required.
Response Regarding Appointment of a Successor
The eminent scholar Mufti Muhammad Taqi Usmani disagrees with the view of the first group and states: “The correct view is that the imamate of an imam ends with his death. Therefore, when the caliph dies, his caliphate comes to an end, and obedience to his commands is no longer obligatory.”
Likewise, the eminent scholar Ibn Abidin (RA) states: “It is understood from Sharḥ al-Muniyyah that the ruling and command of the caliph do not remain in effect after his death or removal from office.” [3]
According to Ahl al-Sunnah, seizure of power and domination (ghalabah wa al-istila) is also regarded as one of the means by which the caliphate may be established.
The eminent scholar al-Taftazani (RA) states in this regard, “The imamate or caliphate may also be established and maintained through domination and force. If an imam dies and another person assumes the position of imamate solely through power and domination, without having received the pledge of allegiance from the Ahl al-Hall wa al-ʿAqd and without having been appointed as successor by the preceding caliph, his caliphate is nevertheless established and regarded as legitimate.” [4]
To be continued…
References:
[1] Radd al-Muḥtār, 1/405–406, Maktabah Ḥaqqāniyyah (Peshawar).
[2] Al-Aḥkām al-Sulṭāniyyah, p. 211.
[3] Al-Islām wa al-Naẓariyyāt al-Siyāsiyyah, p. 220.
[4] Sharḥ al-Maqasid, p. 271.
