Author: Muhammad Dawood Yusufi Eshaqzahi
Islam and Democracy (Part 26)
The Model and Structure of the Islamic State
In the previous discussion, we presented the first method of appointing the caliph or ruler. In this section, the second method will be examined:
Pledge of Allegiance and Appointment by the Preceding Caliph (Istikhlaf)
According to Ahl al-Sunnah, the imamate is validly established; just as it may be established through the selection of Ahl al-Hall wa al-Aqd, it is also validly established through the appointment of a successor by the preceding caliph. According to Ahl al-Sunnah, the Sharia specifies the qualifications required for the imamate without designating any particular individual. The responsibility of the people is simply to choose someone who possesses these qualities and is capable of assuming the caliphate.
The caliph is also one of the most knowledgeable members of Ahl al-Hall wa al-Aqd. Therefore, if he appoints someone as caliph, his rule will be considered legitimate.
The evidence for the permissibility of this method is the practice of the righteous caliphs, including:
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Abu Bakr al-Seddiq (RA) appointed Umar ibn al-Khattab (RA) as his successor.
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Umar ibn al-Khattab (RA) entrusted the matter of the caliphate to a six-member council.
Their actions were accepted by all the Companions, as no opposition to them in this matter has been established.
Imam Shah Wali Allah al-Dihlawi (RA) states, “The second method is the appointment of a successor by the caliph (istikhlaf). That is, a just caliph should, in accordance with the interests of the Muslims, appoint someone who fully possesses the qualifications for the caliphate. He should advise the people to follow him. Such a person thereby acquires a special status among the people, and they are required 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 Istikhlaf
Two issues arise in this regard:
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If the incumbent imam appoints someone as his successor, is the imamate thereby established, or is the allegiance of Ahl al-Hall wa al-Aqd also a condition?
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If the incumbent caliph appoints his father, son, or a relative who possesses the qualifications for the imamate as his successor, is such an appointment valid?
Regarding the first issue, scholars have differed:
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Al-Mawardi (RA): After the death of the caliph, his successor assumes his position, and his authority becomes binding upon the Ummah, even if Ahl al-Hall wa al-Aqd do not agree with him. [2]
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The scholars of Basra: They regard the approval of Ahl al-Hall wa al-Aqd as a necessary condition.
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Imam Abu Yala (RA): He considers the existence and approval of Ahl al-Hall wa al-Aqd to be a condition for the establishment of the imamate.
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Shaykh Abdullah al-Damiji: He gives preference to the view that the allegiance of Ahl al-Hall wa al-Aqd is required.
Response Regarding Istikhlaf
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 the imam ends with his death. Therefore, when the caliph dies, his caliphate comes to an end, and obedience to his ruling is no longer obligatory.” Likewise, the eminent scholar Ibn Abidin (RA) states: “It is understood from Sharh al-Muniyah that the ruling and command of the caliph do not remain after his death or removal from office.” [3]
According to Ahl al-Sunnah, domination and seizure of power is also regarded as one of the means by which the caliphate may be established.
Allamah al-Taftazani (RA) states in this regard, “Imamate or caliphate may also be established and maintained through domination and seizure of power. If an imam dies and another person assumes the position of imamate solely through force and power, without having received the allegiance of Ahl al-Hall wa al-Aqd 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] Ibn Abidin al-Shami, Radd al-Muhtar, vol. 1, pp. 405–406, Maktabah Haqqaniyyah, Peshawar.
[2] Al-Mawardi, Al-Ahkam al-Sultaniyyah, p. 211.
[3] Al-Islam wa al-Nazariyyat al-Siyasiyyah, p. 220.
[4] Sharh al-Maqasid, p. 271.
