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From the Foundations and Principles of Usoolul Fiqh which prove the continuity of Imaamah in the stage of weakness

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.