The Establishment of the Caliphate
The jurists write that the election of the Caliph and the establishment of the Caliphate are among the collective duties of the Ummah.
Hazrat Shah Waliullah (RA) has stated two major arguments in support of the establishment of the Caliphate as an obligation:
One argument is that many of the commands of the Holy Quran are dependent on the presence of the government. For example, the enforcement of the limits, jihad, the establishment of the treasury, the establishment of courts and the provision of justice, etc., all these matters require the existence of the government. Since these are commands and duties of the Holy Quran, and the dependent of the obligatory is also obligatory, just as ablution is not obligatory by itself, but since it is a condition of prayer, ablution is also of the status of an obligatory that prayer cannot be performed without it.
Similarly, Hazrat Shah Sahib (RA) says that since hundreds of verses and scores of commands of the Holy Quran are dependent on the government, and the dependent of the obligatory is also obligatory, therefore the establishment of the Caliphate is a must for the Ummah so that those commands of the Holy Quran that can be implemented through the government can be implemented.
Hazrat Shah Waliullah (RA) gives another argument regarding the establishment of the Caliphate, saying that after the demise of the Holy Prophet (PBUH), the first thing the Ummah did was to elect a Caliph and establish the Caliphate. They even prioritized this task over the funeral and burial of the Holy Prophet (PBUH). “Bal ja’l-uhu ahum-ul-wajibat” (Indeed, the greatest duty is the caliphate). This is because the Companions (RA) did the funeral and burial of the Holy Prophet (PBUH) later, but elected the Caliph first. Therefore, it is the duty of the Ummah to have the system of caliphate in it as an Ummah.
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Division of Caliphate
Then the jurists make another division that the establishment of the Caliphate is a sufficient obligation on the entire Ummah. If there is a Caliph anywhere in the world and the Caliphate system is established, then the responsibility is fulfilled on the part of the Ummah, but if the Caliphate system does not exist anywhere in the world at any level, then the Ummah as an Ummah is sinful and has abandoned the obligation. At present, we are in almost the same position.
The Caliphate is not established anywhere in the world, the Emirate of Sharia does not exist with all its conditions. The Ottoman Caliphate ended in 1924, which has been a hundred years. From the death of the Holy Prophet (peace and blessings of Allah be upon him) until 1924, the title of Caliphate and the system of Caliphate existed at some level or another, in some way or another. There were many ups and downs, many improvements and deteriorations, but the name of Caliphate remained. Since the abolition of the Caliphate in 1924, the system of Caliphate has not existed anywhere in the world. Therefore, according to the teachings of the jurists, we as a nation have abandoned a religious obligation.
But the point I am explaining is that the establishment of the Caliphate is one of the responsibilities of the nation. In contrast, the establishment of the Imamate is not one of the responsibilities of the nation, but an Imam is nominated. The nation has no authority in choosing the Imam, it is only obliged to obey the Imam of the time and follow his orders.
Five ways of Establishing the Caliphate and its implementation
The first case is that the caliph is elected by the collective will of the Ummah. For example, Hazrat Siddiq Akbar (RA) was elected by the Ummah after the Holy Prophet (PBUH). Hazrat Siddiq Akbar (RA) was the successor of the Holy Prophet (PBUH) during his lifetime, and the Holy Prophet (PBUH) had appointed him to stand on his prayer platform. And despite the apologies of some people that he was soft-hearted and would cry if he stood on his prayer platform, the Holy Prophet (PBUH) said, “Marwa Abu Bakr, may Allah lead the people in prayer,” meaning that Abu Bakr would lead the prayer in my place. Then, when Hazrat Abu Bakr (RA) became his successor and caliph after the Holy Prophet (PBUH) and he ruled for almost two and a half years, what was the basis of this rule?
How was the caliphate of Hazrat Siddiq Akbar (RA) formed? The Holy Prophet (PBUH) did not nominate him, saying that he would be the caliph after me. He did not mince words, but he did not nominate him. Neither did Hazrat Siddiq Akbar (RA) seize Medina by force, taking an army and claiming that it was his caliphate. Nor did he claim that he was the Caliph, so he should take oath of allegiance at my hand. Nor was there any relative entitlement that if the king had sons, he would become the king.
The first consultation took place in Saqifa Bani Sa’idah, the second consultation took place in Masjid Nabawi. Bukhari Sharif has a long tradition that after the demise of the Holy Prophet (PBUH), the Ansar of Medina had gathered and their position was that we were in the majority, so the Caliph would be from among us. They had made a decision and had elected Hazrat Sa’d bin Ubadah (RA), the chief of Banu Khazraj, as the Caliph. The oath of allegiance had not yet been taken. In today’s language, the oath of allegiance was yet to be taken. The candidate also had more votes. There was a long discussion. Finally, everyone agreed and the collective decision was that Hazrat Abu Bakr (RA) would be the Caliph.
Hazrat Ali (RA) had a problem with this, not because he was not made the Caliph, but because he was not in that meeting, and we also had the right to consult. So, three days later, another general meeting was held in the Prophet’s Mosque. Hazrat Abu Bakr (RA) said to Hazrat Ali (RA), “If you have any reservations, then tell me.” Hazrat Ali (RA) said, “We also wanted to make you the Caliph, but we would have included you in the consultation. The family of the Prophet (RA) was not in the consultation.”
Hazrat Siddiq Akbar (RA) explained that he was not invited because the burial of the Holy Prophet (RA) had not yet taken place. If there was a dead body in the house, the family was not busy with any other work, so he was not invited. In this general meeting, Hazrat Ali (RA) swore allegiance to Hazrat Abu Bakr (RA), and then this trust remained in Hazrat Siddiq Akbar (RA) throughout his life. Hazrat Ali (RA) has a historical saying that the one whom the Holy Prophet (RA) had made the Imam of our religion, he had given him his prayer room, and we made him the Imam for the world as well.
Hazrat Siddiq Akbar (RA) was appointed as the Caliph by the collective discretion of the Ummah with mutual collective consultation and the oath of allegiance was taken at his hands. Ibn Taymiyyah (RA) defines the collective discretion of the Ummah as the collective discretion of the general Muslim community, that the people will decide, just as Hazrat Abu Bakr (RA) was elected by the people through collective consultation. While Shah Waliullah (RA) says that the Caliph will be elected by the discretion of the Lords of the Covenant, that is, the representatives of the Ummah will decide. Ibn Taymiyyah (RA) and Shah Waliullah (RA) are both great Imams of politics. Each has his own opinion and each has arguments for his position. This has been interpreted by the jurists to mean that the Caliph will be elected by the trust of the people, he will not be nominated, the consultation of the general people and holding a public oath of allegiance is the first form of the Caliphate.
The second method of electing the Caliph is for the Caliph of the time to nominate someone,
just as Hazrat Abu Bakr (RA) nominated Hazrat Umar (RA).
The third method, the jurists write, is that a committee should be formed by the Caliph of the time,
the Caliphate should be limited to a few men, and one of them should be made the Caliph, as in the case of Hazrat Uthman (RA). Hazrat Umar (RA) had selected six men to make one of them the Caliph, and there was extensive consultation on this. Hazrat Abdur Rahman bin Auf (RA) says, “I did not sleep for three days and three nights, there was no door that I did not knock on. I took all the people into my confidence, and then the decision was made.”
The fourth method of electing a Caliph is that the members of the Shura who are present should decide,
As in the case of Hazrat Ali (RA) being elected after the martyrdom of Hazrat Uthman (RA). The members of the Shura who were present in Medina had decided that Hazrat Ali (RA) would be the Caliph.
The fifth case is that a person seizes power and the Ummah accepts him,
As Hazrat Muawiyah (RA) seized power and the Ummah accepted him after Hazrat Hasan (RA) pledged allegiance. Hazrat Muawiyah (RA) was neither elected nor nominated as the Caliph, but he seized power through his political and military power. When Hazrat Hasan (RA) pledged allegiance, the Ummah accepted him as the Caliph of the Muslims and the Commander of the Faithful. However, the jurists set three conditions for the establishment of a Caliphate by seizure: (1) He is eligible for the Caliphate; (2) The seizure must be made by force; and (3) The Ummah as an Ummah accepts his seizure.
The jurists have described these five ways of establishing the Caliphate. It is worth noting that when changes occur and the forms of implementation change, then we also have to change our position. If we look at these five ways of establishing the Caliphate in today’s circumstances, only the first and last ways of implementation will be seen. The first is that the Ummah as an Ummah, or the leaders of the Ummah, elect someone as the Caliph. And the first way of electing the Caliph is that Hazrat Siddiq Akbar (RA) was elected in this way. Or the last way is that the Caliph seizes power and the public opinion of the Ummah accepts him.
The middle three ways are not possible due to the change in the place of implementation. The second way, which was the election of Hazrat Umar (RA) who was nominated by the Caliph of the time, obviously the existence of a Caliph is necessary before someone can be nominated as his successor, and at this time there is no legitimate Caliph in the world from whom a nomination can be made, so this way is not possible. The committee case is also similar to this, in that if there is a caliph first, he will form a committee that will elect the caliph. The fourth case is that the caliph is elected by the decision of the Shura, as Hazrat Ali (RA) was elected, and the existence of the Shura also dates back to the existence of the Caliphate.
If there is an emir, he will form a Shura. Therefore, the three middle cases have disappeared from the field of implementation. Today, if someone becomes a caliph, he will either become one at the discretion of the Ummah, or he will seize power by force and obtain a certificate of acceptance from the Ummah, because in the case of seizure, the condition is that he is eligible for the caliphate and the Ummah accepts him. This is the Sharia procedure I have presented for the establishment of the Caliphate.
What is the basis of the Caliphate?
Every government has a basis, sometimes a constitution and sometimes a monarchy. What is the basis of the Caliphate and on what basis are decisions made in the Caliphate?
To understand the system of the Caliphate and what was its practical form, we will have to present three sermons. The first sermon of Hazrat Siddiq Akbar (RA), the first sermon of Hazrat Umar (RA), and the last sermon of Hazrat Umar (RA), which he delivered on Friday a week before his martyrdom, are mentioned in detail in Bukhari Sharif. These three sermons are the basis of the practical structure of our caliphate system. These three sermons are available in the books of Hadith and history.
When Hazrat Abu Bakr (RA) became the Caliph, the Ummah elected him as the Caliph, the first speech he gave in the Prophet’s Mosque, which can be called a “policy speech”, was that I have become the Caliph, what should I do and on what basis should I do it? In this sermon, he stated two fundamental things. “Amrat Alaikum wa laist bahkhairkum” (I have been made the Caliph, but you are not better than me) – he said this as a self-restraint that I have been made the ruler over you, I am not better than you. Although who was better than them? Then he stated this principle that I promise you that “I will guide you to the Book of Allah and the Sunnah of the Prophet” – I will not make decisions myself, but will make decisions according to the Holy Quran and the Sunnah of the Prophet (PBUH).
That is, an Islamic state and its rulers are not free to make decisions as they please, but they have to make decisions based on the Holy Quran and the Sunnah of the Prophet. Hazrat Abu Bakr (RA) said, “If I act according to the Book of Allah and the Sunnah of the Messenger of Allah, then my obedience is obligatory upon you, and if you feel that I am not acting according to the Book of Allah and the Sunnah of the Messenger of Allah, then my obedience is not obligatory upon you.” It is as if Hazrat Siddiq Akbar (RA) bound himself to the Quran and the Sunnah, and he did not have any discretion in basic matters.
The translation of this in political language is that the basis of the commitment between the people and the government is the Quran and the Sunnah. The basis of the state and the government is the Quran and the Sunnah, the basis of the relationship between the state and the people is the Quran and the Sunnah, and on related issues, collective consultation.
Thus, during the two and a half years of Hazrat Siddiq Akbar’s reign, decisions were made on three bases. They would search the Holy Quran and the Sunnah of the Prophet, and even announce that this issue had arisen. If anyone remembered any Hadith of the Holy Prophet (peace and blessings of Allah be upon him), or if there was any command or saying of his, they would tell him. A decision would be made on that basis. If a Hadith was not found in a matter, then they would consult. There are three bases of the Islamic state: (1) The Holy Quran (2) The Sunnah of the Prophet (3) Collective consultation in matters where no command is found in the Holy Quran and the Sunnah of the Prophet. Then there are two levels of consultation (1) Consultation with scholars in scientific matters (2) and consultation with the public in public matters. Where there was a question of interpretation of the Holy Quran and Hadith, there was a general consultation with scholars, and where there was a question of the rights of the people, there was a general consultation with the public.
Secondly, Hazrat Siddiq Akbar (RA) had said in this sermon, “If I follow this path straight, support me, and if I go astray, make me straight.” It is as if Hazrat Siddiq Akbar (RA) was giving his subjects the right to disagree, the right to be held accountable and to protest, that any of his subjects could object that his decision was not in accordance with the Quran and Sunnah.
Hazrat Siddiq Akbar (RA) was not saying that if I go astray, tell me, rather he said that if I go astray, make me straight. This is the right of the subjects to be held accountable and to protest, which Hazrat Siddiq Akbar (RA) was saying in the first sermon. If the ruler deviates from the laws of the Quran and Sunnah, the people have the right to be held accountable.
Hazrat Siddiq Akbar (RA) and later Hazrat Umar (RA) stated that the basis of the Caliphate is the Holy Quran, the Sunnah of the Prophet (SAW) and the decisions of the righteous people of the past. This is a commitment and agreement on which we will run the system and we are giving the right to accountability for its violation. These were the principles, there are practical examples of this. During the time of the Rightly Guided Caliphs, people used to disagree with the policy and behavior of the government and they used to hold it accountable. There are dozens of incidents on this, I will mention a few.
The biggest step that Hazrat Siddiq Akbar (RA) took after becoming the Caliph was to establish the writ of the Caliphate. When the Holy Prophet (PBUH) started the state of Medina, it was called Bahira, the strip between Medina and the sea. Then, in eight or ten years, it expanded and when the Holy Prophet (PBUH) passed away, Yemen, Bahrain, Yamama and Najd were also included in the state of Medina. The boundaries of the state of Medina were the Arabian Peninsula.
Hazrat Siddiq Akbar (RA) fought wherever rebellion arose within these boundaries of the Arabian Peninsula. Wherever anyone raised their head, whether in the name of prophethood or in the name of refusing zakat, there was rebellion on various fronts, which took Hazrat Siddiq Akbar (RA) a year but he restored the writ of the Holy Prophet (PBUH). The real role belongs to the Holy Prophet (PBUH) because the Arabian Peninsula was previously unfamiliar with the concept of a state.
The Holy Prophet (PBUH) gave the concept of collective government and statehood in the Arabian Peninsula. Before that, they were divided into tribes, there was no formal government in the entire Arabian Peninsula. Whereas the founder of the state, Hazrat Siddiq Akbar (RA), showed the world that it is called a state by confronting the rebels and apostates.
Historians describe two major achievements of Hazrat Siddiq Akbar (RA)
Historians describe two major achievements of Hazrat Siddiq Akbar (RA). As soon as Hazrat Siddiq Akbar (RA) assumed the caliphate, a situation arose that some denied the finality of prophethood, some became apostates, and some refused zakat. So Hazrat Siddiq Akbar (RA) decided to launch an operation against all of them.
The fight is also ongoing against those who deny the finality of the Prophethood and those who deny Zakat, and also against apostates. Whoever rebelled within the boundaries of the Arabian Peninsula under any pretext, Hazrat Siddiq Akbar (RA) divided his companions (RA) and sent them to the fronts to fight. On this, Hazrat Farooq Azam (RA) had a disagreement with Hazrat Siddiq Akbar (RA) that the others are fighting well, but why are you fighting those who do not pay Zakat? Hazrat Umar (RA) did not object to any of the others. Hazrat Umar (RA) had reservations about the deniers of Zakat, saying that they recite the Kalima, offer prayers, and do all the other things that Muslims do. If they do not pay Zakat, then they should be flexible in this.
Hazrat Umar (RA) had a discussion with Hazrat Siddiq Akbar (RA). The evidence is that the Holy Prophet (peace and blessings of Allah be upon him) said: “I have been commanded to fight people until they say, ‘There is no god but Allah.’” He who recites the Kalima has saved his life and wealth. He will not be attacked by me. He who recites the Kalima is not my enemy. I will not fight him. And these Zakat deniers recite the Kalima, so why should we fight them?
I say that Hazrat Umar (RA) disagreed with the decision of Hazrat Siddiq Akbar (RA), so he argued with a hadith. Hazrat Abu Bakr (RA) replied by quoting a sentence from the same hadith. Hazrat Siddiq Akbar (RA) said, “O Umar, look! The Holy Prophet (PBUH) has also said, ‘I will fight wherever Islam demands it.’ The hadith that Hazrat Umar (RA) is the evidence for is the same hadith that Hazrat Abu Bakr (RA) is the evidence for. Generally, people’s lives and property have been protected, but where Islam demands it, fighting will take place. For example, if someone kills another, he will be killed in retaliation, and if someone is sentenced to stoning, it will be enforced. He said, “Fan Zakat Haqq al-Islam.” Zakat is also a right of Islam. Whoever differentiates between prayer and zakat, by Allah, I will definitely fight him.” Finally, Hazrat Umar (RA) accepted this position and said, “Sharh Allah Sadri Kuma Sharh Sadr Abu Bakr.” Allah Almighty has opened my chest as He had opened the chest of Abu Bakr. “Farraft an-Haqq” I have understood that Hazrat Abu Bakr’s decision is right.
I have mentioned this incident in the context that if there was a difference in any respect in the Rightly Guided Caliphate, the evidence would have been given from the Quran and Hadith. This decision of Hazrat Siddiq Akbar (RA) is based on the Hadith of the Prophet.
I would like to give another reference to this, that the difference in the decision of the Caliph Rashid was made on the basis of a verse of the Holy Quran. Hafiz Ibn Kathir (RA) has narrated this incident that Hazrat Umar (RA) during his time, while delivering the Friday sermon, imposed a law that people fix large amounts as dowry, then there are disputes over payment, so I have decided to fix the amount of dowry. And he announced that no dowry should be set more than four hundred dirhams in any marriage, if a dowry of more than four hundred dirhams is given in any marriage, the excess amount will be confiscated and deposited in the Bait-ul-Mal.
Khalifa Rashid, Amir al-Mu’minin, issued this order. When he (RA) was leaving after praying Friday, a Quraysh woman stopped him on the way. She said, “O Hazrat! You have imposed a ban on the amount of dowry and have said that dowry should not exceed four hundred dirhams, if more is given, the excess amount will be confiscated.” Hazrat Umar (RA) said, “Yes, I have announced this.” The woman said, “Who gave you this authority? Haven’t you read the Quran?” Hazrat Umar (RA) seemed to have a pressure brake because she was objecting to my decision and was quoting from the Quran.
The woman said that the Quran has mentioned what wives get from their husbands in these words: “If you give a qintara to your wives, do not take anything back.” This woman argued in front of Hazrat Umar (RA) with this verse of the Quran that the Quran gives us a lot of money from our husbands, and you say that we should not give more than four hundred dirhams. Hazrat Umar (RA) understood the matter, so he went back to the mosque from there and told the people present there that I had just made an announcement in the sermon, a woman had drawn my attention and referred to a verse from the Holy Quran, by God I was not paying attention to that “Amra ut-sabat wa khushta raju” (A woman is right, I have made a mistake, I withdraw my decision). Here Hazrat Umar (RA) said a phrase in a humorous and good-natured manner that now the women of Medina have started to know the Quran more than Umar. Hazrat Umar (RA) did not wait for the next Friday but retraced his steps and withdrew his decision.
The basis of decisions was the Holy Quran and the Sunnah of the Prophet
In short, during the time of the Rightly Guided Caliphs, the basis of decisions was the Holy Quran and the Sunnah of the Prophet. And in the language of Hazrat Umar (RA), the decisions of the previous elders are also included in this basis, which is mentioned later.
What Hazrat Siddiq Akbar (RA) had said in his first sermon, Hazrat Umar (RA) said in his first sermon after becoming the Caliph.
In the Khilafah system, the right of the people to accountability is a permanent principle that if the Caliph is saying or doing something wrong, then every citizen among the people has the right to interrupt him and tell him that he is doing something wrong, that what you are saying is against such and such a commandment of Sharia or such and such a law.
