Series of Answers by the Eminent Scholar Ata bin Khalil Abu al-Rashtah, Amir of Hizb ut-Tahrir, to the Questions of the Visitors to his Facebook Page "Fiqhi"
Answer to a Question
To Sohail Dar
Question:
Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh, my dear brothers. I am putting forward questions for our Amir and hope they reach him, by the permission of Allah. Please note that Arabic is not my native language, and I am very sorry if I have made any mistakes...
Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh, my dear brother and our esteemed Amir. I ask Allah for your well-being.
The first matter is to apologize for my Arabic language as it is weak; nevertheless, I am trying to pose these questions, which are related to the subject of the Khilafah:
First: It was mentioned in the book, The Ruling System in Islam, that the permissible titles are the Khalifah, the Imam, the Amir al-Mu'minin, and what resembles them in meaning, such as the Sultan of the believers. However, in the book, The Institutions of the Khilafah State, the text stops at mentioning the title of Amir al-Mu'minin and does not mention others. Has the adoption regarding the titles of the Khalifah changed so that we restrict them to these three only? If the adoption has changed, what is the evidence for the change?
Second: Regarding what was mentioned in The Institutions concerning what led to Umar (ra) being titled Amir al-Mu'minin: Is it correct to say that it implies a restriction to the use of the title Amir al-Mu'minin, or is it permissible to use another title like the Sultan of the believers?
Third: I understood that one of the conditions for Ijma' as-Sahabah (Consensus of the Companions) is the existence of a contradiction to something known, such as delaying the burial of the Messenger of Allah ﷺ when burying the dead immediately is obligatory. Where is the contradiction in titling Umar (ra) as Amir al-Mu'minin such that it becomes Ijma' as-Sahabah?
Fourth: You answered a question in the past regarding the word "Khalifah" being a Shari' (legal) and jurisprudential term. Can the same be said for the word "Imam"—that it is a Shari' and jurisprudential term since it appeared in Shari' evidences, or do we say that the word "Imam" is a technical term (istilahi)? Regarding this matter, the word "Imam" appears in numerous Hadiths referring to the one who leads the people in prayer; is there a difference in meaning regarding whom it refers to? That is, does the meaning in these Hadiths refer exclusively to the Khalifah and those he appoints, such as governors and Amirs... etc., or does it include those who lead the Muslims in prayer as we see them today in our mosques?
Fifth: Regarding the "Temporary Amir" (Amir al-Mu'aqqat), why is the Assistant for Execution (Mu'awin at-Tanfidh) not appointed to oversee the appointment of a Khalifah? Additionally, what is the basis for choosing the eldest Assistant to oversee the appointment of a Khalifah? Why not the most experienced Assistant in his position, or the most just among them, or the most knowledgeable in the Quran... etc.?
I have another question... If the Khalifah violates one of the conditions of the contract (Iniqad) after his pledge of allegiance (Bay'ah), is his Bay'ah invalidated? For example, if he becomes unjust (ghayr adl) or becomes like those mentioned by the Messenger of Allah ﷺ as Imams whom the Muslims hate.
May Allah reward you with all goodness.
I thank you very much for your answers and ask Allah for goodness and well-being for you, your family, and the brothers. Ramadan Mubarak.
Your brother, Dr. Sohail Abu Musab.
Answer:
Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuh,
I was pleased that you wrote to me in the language of the Noble Quran, the Arabic language, despite finding difficulty in writing it... In general, what you asked is clear, except for some points that need further clarification. Here is the explanation:
1- The title given to the one who is given the Bay'ah for the Khilafah is the title of Khalifah, or Imam, or Amir al-Mu'minin, as mentioned in the noble prophetic Hadiths and in the Ijma' as-Sahabah... As for what was mentioned in The Ruling System stating after these three: ["It is not obligatory to adhere to these three titles; rather, it is permissible to give other titles to the one who takes charge of the Muslims' affairs that indicate their meaning, such as Ruler of the believers, or Head of the Muslims, or Sultan of the Muslims, or others that do not contradict their meaning. As for titles that have a specific meaning contradicting the Shari' rulings related to ruling, such as King, President of a Republic, or (Emperor), it is not permissible to give them to the one who takes charge of the Muslims' affairs because their meanings contradict the rulings of Islam."] end quote. Similarly, what was mentioned in The Islamic Personality, Volume II, in the chapter on the Khilafah at the end of the paragraph: ["It is not mandatory to adhere to this wording—meaning the Imamate or the Khilafah—but rather its meaning must be adhered to."] end quote.
These two positions have been amended, and the additions mentioned above in The Ruling System and The Islamic Personality, Volume II have been deleted. The titles remain these three as in the book The Institutions (The Khalifah, The Imam, The Amir al-Mu'minin). These three titles are the ones that will be used in the State when Allah (swt) grants us victory.
2- It is a condition in Ijma' as-Sukuti (Silent Consensus) on a Shari' ruling, for it to be considered an acceptable consensus, "that the Shari' ruling be something that is normally denounced and that the Companions would not remain silent about; this is because it is impossible for the Companions to agree on remaining silent about an evil (munkar). If it is something that is not normally denounced, then the Companions' silence about it is not considered consensus"... It says in The Islamic Personality, Volume III: (Ijma' as-Sukuti is when one of the Companions adopts a ruling and the Companions know of it and no one denounces him, so their silence is consensus. It is called Ijma' as-Sukuti as opposed to Ijma' al-Qawli (Verbal Consensus)... and Ijma' as-Sukuti requires conditions:
First: That the Shari' ruling be something that is normally denounced and that the Companions would not remain silent about...
Second: That this action becomes famous and the Companions know about it...
Third: That it is not something left to the Amir al-Mu'minin's discretion, such as the funds of the Bayt al-Mal...)
These conditions must be met in Silent Consensus to be used as evidence. As for the subject of the Companions' consensus on using the title "Amir al-Mu'minin," it is not from the category of Ijma' as-Sukuti for the aforementioned condition to be required; rather, it is from the category of Verbal Consensus because the Companions, as a whole, used this title in their addresses and named the Khalifahs by it. This was in the position of verbal consensus and not silent consensus. Therefore, it is not required that this ruling be something normally denounced for the consensus to be valid and considered.
3- Regarding your question about the term "Imam":
a- Linguistically, the word "Imam" has several meanings, including the one who is followed and emulated. It says in Mukhtar al-Sihah: (...and the Imam is the one who is followed, and its plural is A'immah...) and it says in the book Al-Ayn: (...everyone who is followed and put forward in matters is an Imam...). So, the Imam in this sense is anyone who is followed and emulated.
b- The Shari' has used the word "Imam" as a jurisprudential term (haqiqah shar'iyyah) meaning the general head of the Muslims, as indicated by the Shari' texts, including:
- On the authority of Abdullah bin Amr bin al-As, that he heard the Messenger of Allah ﷺ saying:
وَمَنْ بَايَعَ إِمَامًا فَأَعْطَاهُ صَفْقَةَ يَدِهِ، وَثَمَرَةَ قَلْبِهِ، فَلْيُطِعْهُ...
"And whoever pledges allegiance to an Imam, giving him the clasp of his hand and the fruit of his heart, let him obey him..." (Narrated by Muslim).
- On the authority of Awf bin Malik, from the Messenger of Allah ﷺ who said:
خِيَارُ أَئِمَّتِكُمْ الَّذِينَ تُحِبُّونَهُمْ وَيُحِبُّونَكُمْ، وَيُصَلُّونَ عَلَيْكُمْ وَتُصَلُّونَ عَلَيْهِمْ...
"The best of your Imams are those whom you love and who love you, and who pray for you and you pray for them..." (Narrated by Muslim).
- Al-Bukhari extracted from Ibn Shihab... that Salim narrated to him: that Abdullah bin Umar says: I heard the Messenger of Allah ﷺ saying:
كُلُّكُمْ رَاعٍ، وَكُلُّكُمْ مَسْئُولٌ عَنْ رَعِيَّتِهِ، الإِمَامُ رَاعٍ وَمَسْئُولٌ عَنْ رَعِيَّتِهِ...
"Each of you is a shepherd, and each of you is responsible for his flock. The Imam is a shepherd and is responsible for his flock..."
In these Hadiths, the title of the ruler who establishes the Shari' rulings in Islam is mentioned as: the Imam, just as the title of Khalifah was mentioned in other Shari' texts. This means that the Shari' texts clarified that the term "Imam" is like the term "Khalifah" and that they are jurisprudential terms (haqiqah shar'iyyah) stipulated by the Shari', meaning the general leadership of the Muslims. It has been called the Great Imamate (al-Imamah al-Uzma) and its holder is called the Greatest Imam (al-Imam al-A'zam)...
c- Similarly, the word "Imam" was used in the Shari' to mean the leader of prayer, which is called the Minor Imamate (al-Imamah al-Sughra). There are Hadiths regarding this, including:
- Al-Bukhari narrated in his Sahih from Aisha, Mother of the Believers, that she said: The Messenger of Allah ﷺ prayed in his house while he was ill, so he prayed sitting and a group prayed behind him standing. He signaled to them to sit. When he finished, he said:
إِنَّمَا جُعِلَ الْإِمَامُ لِيُؤْتَمَّ بِهِ فَإِذَا رَكَعَ فَارْكَعُوا وَإِذَا رَفَعَ فَارْعَعُوا وَإِذَا صَلَّى جَالِساً فَصَلُّوا جُلُوساً
"The Imam was only appointed to be followed; so when he bows, bow; when he rises, rise; and if he prays sitting, pray sitting."
- Al-Bukhari narrated in his Sahih from Abu Hurairah that the Prophet ﷺ said:
إِذَا أَمَّنَ الْإِمَامُ فَأَمِّنُوا فَإِنَّهُ مَنْ وَافَقَ تَأْمِينُهُ تَأْمِينَ الْمَلَائِكَةِ غُفِرَ لَهُ مَا تَقَدَّمَ مِنْ ذَنْبِهِ
"When the Imam says 'Ameen', then say 'Ameen', for whoever's 'Ameen' coincides with the 'Ameen' of the angels, his previous sins will be forgiven."
So, the word "Imam" placed by Shari' for the leader of prayer is also a Shari' technical term as indicated by the aforementioned Hadiths.
d- There is no Shari' correlation (talazum) between the word "Imam" in the sense of the Khalifah and the word "Imam" in the sense of the leader of prayer. The Hadiths in which the "Imam" is mentioned in the sense of the Khalifah are not necessarily related to the subject of prayer, and the Hadiths in which the "Imam" is mentioned in the sense of the prayer leader are not necessarily related to the Khalifah and ruling. As in the Hadiths mentioned above, a correlation between the Imamate of ruling and the Imamate of prayer is not understood from them...
e- The texts containing the word "Imam" are understood in their context and according to the indicators (qara'in):
- The word "Imam" may be used in Shari' texts in its linguistic sense, such as His (swt) saying:
وَالَّذِينَ يَقُولُونَ رَبَّنَا هَبْ لَنَا مِنْ أَزْوَاجِنَا وَذُرِّيَّاتِنَا قُرَّةَ أَعْيُنٍ وَاجْعَلْنَا لِلْمُتَّقِينَ إِمَاماً
"And those who say, 'Our Lord, grant us from among our wives and offspring comfort to our eyes and make us an example for the righteous.'" (QS. Al-Furqan [25]: 74)
It was mentioned in the Tafsir of Ibn Kathir for this verse: (And His saying: "And make us an example for the righteous," Ibn Abbas, al-Hasan, Qatadah, al-Suddi, and al-Rabi' bin Anas said: Imams to be followed in goodness. Others said: Guided guides and callers to goodness). It is clear from the context that what is meant by the word "Imam" here is the person who is followed in piety, and not the Imam in the sense of ruling or in the sense of leading prayer.
- The word "Imam" may be used to mean the Khalifah, as in the Hadith narrated by Muslim from Abu Hurairah from the Prophet ﷺ who said:
إِنَّمَا الْإِمَامُ جُنَّةٌ يُقَاتَلُ مِنْ وَرَائِهِ وَيُتَّقَى بِهِ فَإِنْ أَمَرَ بِتَقْوَى اللَّهِ عَزَّ وَجَلَّ وَعَدَلَ كَانَ لَهُ بِذَلِكَ أَجْرٌ وَإِنْ يَأْمُرْ بِغَيْرِهِ كَانَ عَلَيْهِ مِنْهُ
"The Imam is only a shield, behind whom one fights and by whom one is protected. If he commands the fear of Allah (azwj) and is just, he will have a reward for that, and if he commands otherwise, he will be burdened by it."
It is clear from the Hadith that the intended meaning is the ruler, because the ruler is the one behind whom people fight and the one who is just or unjust, and not simply anyone who is emulated linguistically, nor the prayer leader.
- The word "Imam" may be used in the sense of the leader of prayer, as Muslim narrated in his Sahih from Abu Hurairah that the Messenger of Allah ﷺ said:
إِذَا قَالَ الْإِمَامُ سَمِعَ اللَّهُ لِمَنْ حَمِدَهُ فَقُولُوا اللَّهُمَّ رَبَّنَا لَكَ الْحَمْدُ فَإِنَّهُ مَنْ وَافَقَ قَوْلُهُ قَوْلَ الْمَلَائِكَةِ غُفِرَ لَهُ مَا تَقَدَّمَ مِنْ ذَنْبِهِ
"When the Imam says, 'Allah hears whoever praises Him,' then say, 'O Allah, our Lord, to You be praise,' for whoever's speech coincides with the speech of the angels, his previous sins will be forgiven."
It is clear that the talk here is about the prayer and the leader of the prayer.
4- Regarding your question about the Temporary Amir:
It is not exactly clear what you mean by saying: ("The Temporary Amir" why is an Assistant for Execution not appointed in the installation of a Khalifah)...
As for the matter of choosing the eldest of the Assistants to be the Temporary Amir, we clarified the reason for that in an answer to a question dated 02 Sha'ban 1435 AH, corresponding to 31/05/2014 CE, and I quote for you from our referred answer the following:
[...As for the second matter, which is how to appoint the Temporary Amir if the Khalifah did not appoint a Temporary Amir before his death, and the priorities in that, it is an administrative matter. It is permissible to adopt an article detailing this administrative matter. Accordingly, what was mentioned in Article "33": (...the eldest Assistant shall be the Temporary Amir unless he wishes to run for the Khilafah, then it shall be the next in age... and so on. If all the Assistants wish to run, then the eldest Executive Assistant, then the next if he wishes to run... and so on. If all the Executive Assistants wish to run for the Khilafah, the Temporary Amir shall be restricted to the youngest of the Executive Assistants).
For your information, mandatory considerations were taken into account in this adoption. The Assistants are the people most knowledgeable about ruling and the most aware of the course of events during the days of the previous Khalifah. They are followed in knowledge and experience by the Executive Assistants due to their proximity to the Khalifah and his work. These are the best people to take over the temporary amirship. Since the Assistants are equal with no preference among them in the assistance, and the same for the Ministers (Executive Assistants), age was a suitable factor for preference, as in leading the prayer. If the worshippers are equal in the conditions of the Imamate, the eldest among them is put forward. Muslim extracted in his Sahih from Shu'bah, from Isma'il bin Raja', who said: I heard Aws bin Dam'aj saying: I heard Abu Mas'ud saying: The Messenger of Allah ﷺ said to us:
يَؤُمُّ الْقَوْمَ أَقْرَؤُهُمْ لِكِتَابِ اللهِ، وَأَقْدَمُهُمْ قِرَاءَةً، فَإِنْ كَانَتْ قِرَاءَتُهُمْ سَوَاءً، فَلْيُطِعْهُمْ أَقْدَمُهُمْ هِجْرَةً، فَإِنْ كَانُوا فِي الْهِجْرَةِ سَوَاءً، فَلْيُؤُمَّهُمْ أَكْبَرُهُمْ سِنّاً، وَلَا تَؤُمَّنَّ الرَّجُلَ فِي أَهْلِهِ، وَلَا فِي سُلْطَانِهِ، وَلَا تَجْلِسْ عَلَى تَكْرِمَتِهِ فِي بَيْتِهِ إِلَّا أَنْ يَأْذَنَ لَكَ، أَوْ بِإِذْنِهِ
"The one who is most well-versed in Allah's Book should lead the people in prayer. If they are equal in their recitation, then the one who has the most knowledge of the Sunnah. If they are equal in the Sunnah, then the one who immigrated first. If they are equal in immigration, then the eldest in age. A man should not be led in prayer in his place of authority or in his house, and no one should sit on his place of honor in his house without his permission."
Accordingly, the administrative matter adopted in this issue was to put forward the eldest of the Assistants, then the next, then the eldest Executive Assistant, then the next, and so on.] End of the quote from the previous answer.
5- Regarding your question about the disruption of one of the conditions for the Iniqad (contract) of the Khilafah after the Bay'ah of the Khalifah has been completed, such as the disruption of the condition of justice (adalah), the summary answer to that is that the disruption of a condition of contract does not necessarily mean the invalidity of the Khilafah contract. For example, the disruption of the condition of justice makes the Khalifah deserving of removal, but he is not removed immediately. Rather, there must be a decision from the Court of Unjust Acts (Mahkamat al-Mazhalim) regarding that. That is, his Khilafah remains in place until the Court of Unjust Acts decides on his matter... We have detailed the discussion on this subject in more than one place in our books, and we clarified it in The Introduction to the Constitution, Volume I, in Articles (40 + 41), with their explanation, and you can refer to the book The Introduction to stand on the details of that.
In conclusion, I thank you for your prayers for us, and I pray for goodness for you, and I repeat what I mentioned at the beginning of the answer regarding my pleasure in your writing to me in the language of the Quran, the Arabic language.
Your brother, Ata bin Khalil Abu al-Rashtah
26 Dhu al-Hijjah 1441 AH Corresponding to 16/08/2020 CE
Link to the answer from the Amir's page (may Allah protect him) on Facebook