Answer to a Question
Two Texts in the Ruling System, Are They Contradictory?
The Answer:
The text you mentioned from the book The Khilafah is likewise present in The Ruling System page 60 (Arabic edition). It explains a Shari’ah rule: if the Khilafah is established in a region that meets the four conditions, and that region gives the Bay’ah to the Khalifah, then the Khilafah is contracted and becomes established, even if that region does not represent (the majority of Ahl al-Hall wal 'Aqd in most of the Islamic lands). So, if the Bay’ah of the Khilafah is given in your country, the Khilafah becomes established even if your country does not represent the majority of the Ummah or the majority of Ahl al-Hall wal 'Aqd within it. This is because the establishment of the Khilafah is a communal obligation (Fard al-Kifayah), and whoever carries out this obligation in its correct manner has performed the duty, and others become bound by it accordingly.
As for the other text in The Ruling System page 85 (Arabic edition), which states: (it is permissible for those who have taken authority to nominate a person from among the qualified Muslims to assume the rule and authority, who meets the conditions for the contracting of the Khilafah, and to gather the Ahl al-Hall wal 'Aqd in that region or most of them, and to ask them to give the Bay’ah to this person they nominated to be a Khalifah; then the Ahl al-Hall wal 'Aqd give him the Bay’ah by consent and choice upon the Book of Allah and the Sunnah of His Messenger, and thus the Khilafah is contracted for him by this Bay’ah).
This pertains to the method of its contracting within that specific region.
Thus, the first subject is different from the second.
First: Answering the question: Is it necessary to have the Bay’ah of the majority of Ahl al-Hall wal 'Aqd in most of the Islamic Ummah for the Khilafah to be established? In other words, if it is established in your country, must most of the Arab countries and the rest of the Islamic countries give the Bay’ah for the Khilafah to be contracted in your country? For instance, if Egypt does not give the Bay’ah, would the Khilafah in your country be uncontracted?
The Answer: No, rather its establishment in any country that meets the conditions, and the Bay’ah of this country to a man who meets the conditions, makes it a valid and contracted Khilafah, and the rest of the Muslims are obligated to give the Bay’ah of obedience and enter into this state.
Second: Answering the question: How is the Khilafah established in your country, given that we know from the first answer that the Khilafah is contracted in it (your country) even if the rest of the Muslims have not yet given the Bay’ah?
The Answer: That the Muslims, or the people of power and protection (Ahl al-Quwwah wal-Man’ah) among them, take over the authority in that country and remove the ruler who governs them with systems of kufr (disbelief), for the purpose of establishing the rule of Islam. They then nominate a Muslim who meets the conditions and request the Ahl al-Hall wal 'Aqd in this region, or most of them, to give the Bay’ah to the Khalifah upon the Book of Allah and the Sunnah of His Messenger, and thus the Khilafah is contracted for him.
Therefore, the two subjects complement each other and do not contradict.
February 25, 2004 CE