1
The subject matter of the contract of Imaamah is the succession
of leadership of the Muslim ummah aimed governing the
affairs of the deen and the dunyaa. This is fulfilled
through reference to shari'ah rules on the part of the
Imaam and his command relating to that. On the part of
those giving the baya'h it is fulfilled by maintaining
obedience in all matters of ma'roof. In this way, the
shari'ah is applied through the obedience of those giving
the bayah.
2 Differentiating
between the results of the objectives and the objectives
themselves and how they operate. The objectives [maqaasid]
of Imaamah are not fulfilled through the personal capability
of the Imaam alone. Rather there is a relatiocnship between
the commander and the commanded.
3 The general
evidences establishing shari'ah principles. There are
many shari'ah principles established by general texts
of Quran and Sunnah which apply to all shari'ah commands
and Imaamah is included in this.
4 The generality
of evidences of Imaamah. The evidences of Imaamah are
of general application as they came in the general form.
e.g. words such as 'man' ['he who'] establish generality,
as for instance in the hadeeth "He who dies
without having over him an Imaam of the Jamah dies the
death of jaahileeyah" (HAAKIM) and many
other ahadeeth, are a general command for the existence
of leadership and for he responsible and mature Muslims
to enter into the authority of that leadership through
the bayah of obedience, such texts do not make an eception
for the time of weakness by saying to the effect of 'whoever
dies without a bayah upon his neck unless there is no
darul Islam...' rather, the texts were general and must
be applied generally until an evidence restricts them.
5 The indications
in specific evidences. Giving further weight to the obligation
of Imaamah in the stage of weakness are the specific indications
of many ahadeeth that Imaarah and Imaamah is not dependent
upon power.
6 The principle
of non-contradiction between the methods and the objectives.
In Shari'ah it is impossible that the objectives of the
rules are contradicted by their methods, this is proven
by many evidences e.g. Allah (swt) says "Do
they not then consider the Quran carefully? Had it been
from other than Allah then they surely would have found
therein many contradictions" (an Nisaa 4:82)
Islam commanded unity and dominance of the ummah over
other nations yet, some people think this is to be fulfilled
through leaderlessness in the time of weakness. How can
leaderlessness and division lead to strength and unity?
7 The principle
of comprehensive application of the shari'ah. Allah (swt)
says "O you who believe! Enter into submission
completely and do not follow the footsteps of Shaytaan
for he is a clear enemy to you" (al Baqarah
2:208) This means that not only must Imaamah exist because
of its related evidences but also all of those rules which
are connected to Imaamah e.g. Hajj, Salah, Hudood, Jihad,
Seeking nussrah, Zakah etc will all be incomplete without
Imaarah. Therefore it is a rebellion against this ayah
in particular and the shariah in general to neglect the
full extent of the rule when its possibility is available.
8 The shari'ah
is continuously connected to that which produces benefit
and avoids harm. Ratiopn and many shari'ah texts prove
that benefit i in unity and leadership and harm is in
division and leaderlessness. In many ayaat and ahadeeth
the deen was connected to benefit and ease and distanced
from harm, corruption and difficulty. Also Allah (swt)
says "We did not send down this Quran to
cause you distress" (Ta Ha 20:2)
9 Abrogation
needs abrogating evidence. The sunnah of Rasool Allah
(saw) in Makkah was that of a unified authority over all
the believers. This was proven not only by the general
obedience which was commanded to him as a messenger but
also by his actions of command and organisation of the
Muslims affairs e.g. The organisation of shari'ah education,
the organisation of da'wah, the permission granted to
some sahaabah to adopt a low profile, the sending of some
sahaabah to Abyssinia on a hijrah from zulm, the seeking
of nussrah, the sending of Musab bin Umayr to Yathrib
as a daa'ee and teacher. Allah (swt) also commanded unity
in Makkah with the ayah "Establish the deen
and do not make divisions in it" (ash Shoora
42:13) Ibn Abbaas commented that this ayah meant clinging
to the jamah and avoiding division (Tafseerul Quran al
A'zeem IBN KATHEER) Also we see tht the prophet (saw)
was taking the bayah in Makkah and before the hijrah e.g.
Dimad who took the bayah for himself and his tribe (see
saheeh MUSLIM) and the first and second bayah of al A'qabah.
So when this unified leadership is clearly proven for
the Makkan period, what abrogated that obligation of unity
and leadership?
10 All of
the Quran is a guidance both Makki and Madani Ayaat. This
means all of those Makki ayaat [and they are majority
in the Quran] are a general guidance for the ummah for
all times, that includes any ayaat which include any indication
of unity or leadership. They become even more emphatic
when we find ourselves in a similar situation of weakness.
There were also over fifty ahkaam revealed in the thirtenn
years of Makkah, maybe even one hundred or more. However
many there were, they continue to apply to us unless there
is some specific abrogation of any particular rules among
them. It is turning away from the Quran to avoid those
general commands, and those specific rules along with
their method of unified and organised application under
an ameer.
11 The wahi
was completed with the Messenger not Abu Bakr. When we
have the example and commands of rasool Allah (saw) as
a completed legislative example for us, the fact that
Abu Bakr adopted khilaafah along with physical security
of darul Islam is of no legislative impact. History does
not add conditions and rules to established shari'ah rules
and principles that were established by divine text.
12 The messenger
is an example in all shari'ah commands. His example of
unity and organisation and every other shari'ah affair
in the stage of weakness was characterised by unified
leadership and unified jama'ah. It is not allowed to stray
from the example of the messenger without a specific evidence
of exception or specification.
13 The shari'ah
always deals with the needs and solves the problems (refer
to general ayaat about nature of Quran). The Muslim ummah
in weakness has all of its affairs of the deen and the
dunya in need of organisation and in need of a method
of application. The sunnah only gave us the method of
a unified Imaarah [authority]. If we suspend the unified
authority for the time of weakness then we are suspending
the shari'ah attribute of dealing with all affairs and
needs. This would also leave the people to organise in
invalid and devisive methods or lead the less informed
to commit the kufr of supporting the taaghoot.
14 The branch
of a matter is based upon its root and not contradict
its root, its root is its life and its authority. i.e.
Khilaafah succeeds the prophethood. The Khaleefah is only
one who follows the rules and principles of leadership
established and practised by Rasool Allah (saw). The prophets
including, Rasool Allah (saw) did not require power to
practise their actions of leadership and nor was it needed
to establish the legitimacy of their leadership. Therefore,
the branch emanating from that root of prophethood, i.e.
khilaafah, is founded upon the rules of its root and is
not independent. Khilaafah is not a higher status than
Naboowah so that it would need for exclusive qualifications.
Rather, evidences showed us that power was a qualification
demanded by munaafiqeen.
15 Khilaafah
is a matter of Ahkaam Takleefi not a matter of Al Qadaa
wal Qadr. Appointing the Imaam is Fard Assaassi and Fard
Kifaayah and The Bayah of obedience is fardul a'yn. As
for the issue of gaining nussrah this is a matter of al
Qadaa' wal Qadr. Clingining to the Jama'ah and Ittihad
is also Fardul A'yn. People have confused "The succession
on earth" which is a matter of tamkeen and result
from Allah to bring security and dominance with the issue
of succession of the Imaam, the ameerul mu'mineen. |