(Series of Answers by the Eminent Scholar Ata bin Khalil Abu al-Rashta, Ameer of Hizb ut-Tahrir, to the Questions of the Followers of his Facebook Page "Fiqhi")
Answer to a Question
To Taqi Naser
Question:
Assalamu Alaikum Wa Rahmatullah Wa Barakatuhu, our eminent Sheikh. Greetings,
My question is regarding the bay’ah, which is a contract of mutual consent between the Ummah and the Khaleefah. Is it permissible for it to be for a fixed term, such as four or five years, as is the custom in current systems? Does those who suggest this have any evidence or a semblance of evidence (shubhat daleel)?
May Allah bless you and make us and you among those whom Allah uses to support and establish Islam.
Answer:
Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuhu,
1- The texts regarding the bay’ah to the Khaleefah contradict any restriction by a time limit. This is because the bay’ah to the Messenger ﷺ and the bay’ah to the Rightly Guided Khulafa’ were based on ruling by the Book of Allah (swt) and the Sunnah of His Messenger ﷺ. This is its condition. If the Khaleefah abandons ruling by the Book of Allah (swt) and the Sunnah of His Messenger ﷺ, his authority ends according to the Shari'ah rules regarding the removal of the Khaleefah and the jurisdiction of the Court of Unjust Acts (Mazhalim). Adding another restriction is impermissible because it contradicts the text of the bay’ah, which is ruling by the Book of Allah (swt) and the Sunnah of His Messenger ﷺ. This is established by the Sunnah and the Consensus of the Sahabah:
Regarding the Sunnah, Bukhari narrated from ‘Ubada bin al-Samit... who said: The Messenger of Allah ﷺ called us and we gave him the bay’ah. Among the conditions he took from us was:
«أَنْ بَايَعَنَا عَلَى السَّمْعِ وَالطَّاعَةِ فِي مَنْشَطِنَا وَمَكْرَهِنَا، وَعُسْرِنَا وَيُسْرِنَا، وَأَثَرَةٍ عَلَيْنَا، وَأَنْ لَا نُنَازِعَ الْأَمْرَ أَهْلَهُ» «إِلَّا أَنْ تَرَوْا كُفْرًا بَوَاحًا عِنْدَكُمْ مِنَ اللهِ فِيهِ بُرْهَانٌ»
"That we give bay’ah to hear and obey in what we like and what we dislike, in our hardship and our ease, even if others are given preference over us, and that we do not dispute the authority of those in power," he said, "unless you see open disbelief (kufran bawahan) for which you have proof from Allah." (Narrated by Muslim as well).
Muslim also narrated from Yahya bin Husain, from his grandmother Umm al-Husain, who said: I heard the Messenger of Allah ﷺ say:
«إِنْ أُمِّرَ عَلَيْكُمْ عَبْدٌ مُجَدَّعٌ - حَسِبْتُهَا قَالَتْ - أَسْوَدُ، يَقُودُكُمْ بِكِتَابِ اللهِ تَعَالَى، فَاسْمَعُوا لَهُ وَأَطِيعُوا»
"If a mutilated slave—I think she said black—is appointed over you and leads you by the Book of Allah the Almighty, then hear and obey him."
It is clear from all of this that the bay’ah and obedience continue as long as the ruling is by the Book of Allah (swt) and the Sunnah of His Messenger ﷺ, except in the case of open disbelief—meaning a definitive violation of Shari'ah.
*Regarding the Consensus of the Sahabah (Ijma’),* the bay’ah of the Rightly Guided Khulafa’ was based on ruling by the Book of Allah (swt) and the Sunnah of His Messenger ﷺ, and not for a fixed term. Their bay’ah took place in the presence of the Sahabah (may Allah be pleased with them), which constituted a consensus on not specifying a duration. Instead, the continuation of the Khaleefah is dependent on his obedience to Allah (swt) and His Messenger ﷺ—that is, ruling by what Allah has revealed. Ma’mar bin Rashid narrated in his Jami’ that Abu Bakr addressed us and said: "O people, I have been appointed over you, though I am not the best of you...
أَطِيعُونِي مَا أَطَعْتُ اللَّهَ وَرَسُولَهُ، فَإِذَا عَصَيْتُ اللَّهَ وَرَسُولَهُ فَلَا طَاعَةَ لِي عَلَيْكُمْ، قُومُوا إِلَى صَلَاتِكُمْ يَرْحَمْكُمُ اللَّهُ
"Obey me as long as I obey Allah and His Messenger. But if I disobey Allah and His Messenger, you owe me no obedience. Rise for your prayer, may Allah have mercy on you."
It is clear from these evidences that the term is not fixed. Rather, the obedience to the Khaleefah is tied to Allah (swt) and His Messenger ﷺ as stipulated. As long as the Khaleefah rules by what Allah has revealed, his authority continues. If he violates a definitive text, his authority ends even if it were only for a month or two... and that is according to the Shari'ah rules regarding the removal of the Khaleefah and the powers of the Mazhalim Judge.
2- As for whether those who call for a fixed term have any evidence or a semblance of evidence, we do not see any evidence or semblance of evidence for them. We have detailed this entire issue in an answer to a question issued on 16 Jumada al-Akhira 1434 AH, corresponding to 06/04/2013 CE, which can be referred to.
Your brother, Ata bin Khalil Abu al-Rashta
26 Muharram 1438 AH Corresponding to 27/10/2016 CE
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