Author: M. Farahi Tujegi
Islam and Democracy (Part 44)
Example and Structure of the Islamic State
In the previous part, the first method of electing the caliph was discussed. In this part, the second method of electing the caliph is covered.
2. Appointment by the Previous Caliph (Istikhalaf)
According to Ahl-Sunnah, just as the Imamate is legitimized through the election of those who have reached a consensus, the delegation of guardianship by the previous caliph is also a legitimate means of establishing the caliphate. In Ahl-Sunnah thought, the conditions for the Imamate are defined within Sharia; however, identifying the individual who meets these conditions is the responsibility of the people or those who have reached a consensus. If the caliph, being one of the most knowledgeable about the conditions and interests, elects someone to be the caliph and his successor, that election is deemed legitimate.
One reason this method is considered permissible is the practice of the Rightly Guided Caliphs. For example, Hazrat Abu Bakr (may Allah be pleased with him) appointed Hazrat Umar ibn al-Khattab (may Allah be pleased with him) as his successor. Hazrat Umar ibn al-Khattab (may Allah be pleased with him) subsequently entrusted the caliphate to a group of six individuals.
These measures were approved by the noble companions (may Allah be pleased with them), as no opposition was reported from them. Imam Shah Waliullah Muhaddith Dehlavi states regarding this method: “The second method involves the succession of a qualified caliph; this means that the just caliph, out of benevolence for the Muslims, chooses a person from among those qualified for the caliphate and recommends others to obey him. This person stands out among other qualified individuals, making it necessary for the people to elect him as caliph. The caliphate of Hazrat Umar Farooq (may Allah be pleased with him) was established in this manner.”
Issues Related to Istikhalaf (Succession)
In this context, two issues arise:
1. Is the imamate established simply by the appointment of the previous caliph, or does it require the allegiance of the people of the covenant?
2. Is it appropriate for the current caliph to appoint one of his relatives (father, son, or close relatives) who is qualified for the caliphate?
Views on the First Issue
Mawardi’s Opinion: He believes that the caliph’s succession after his death is effective for the nation, even if the people of the covenant do not approve it.
The Scholars of Basra: They assert that the consent and election of the people of the covenant are necessary for the legitimacy of the succession.
Imam Abu Ya’li: He considers it a condition that the people of the covenant approve the succession after the death of the caliph.
Sheikh Abdullah Damiji and Dr. Wahba Zuhaili: Both emphasize the necessity of the allegiance of the people of the covenant for the legitimacy of the succession. Dr. Wahba Zuhaili states: “We do not agree with Mawardi’s opinion that the succession of the Imam is valid without the consent of the people of the covenant.”
The View of Allama Mufti Muhammad Taqi Usmani, may Allah protect him: In his Takmelat Al-Fath al-Mulhem, Allama Mufti Muhammad Taqi Usmani mentions two jurisprudential views:
1. The legitimacy of succession without the consent of the people of the covenant.
2. The legitimacy of succession is conditional upon the approval of the people of the covenant.
In his book Islam and Political Thoughts, he prefers the second view, stating: “Succession is merely a proposal from the Imam to the Muslims. Its legitimacy depends on the approval of the people of the covenant. They can affirm the succession or, if deemed inappropriate, choose another person for the caliphate.”
Allama Usmani challenges the argument of those who advocate for the absolute legitimacy of succession as follows: “The caliphate of the Imam ceases with his death. Therefore, after the death of the caliph, his orders and appointments are not binding. As Allama Ibn Abedin stated: ‘It is understood from the words of Sharh Munyyah that the caliph’s authority does not remain after his death or dismissal.’”
Continues…
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