(Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of the Visitors to his Facebook Page)
Answer to a Question
To: Omar Almukhtar
Question:
In the Name of Allah, the Most Great, and in Him I seek help:
Our eminent scholar: Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh,
I have two questions and I hope you would be kind enough to answer them. I ask Allah to guide your steps and the steps of those working to resume the Islamic way of life:
It was mentioned in the Introduction to the Constitution or The Necessity of the Motives, Part One, page 135, Article 33 - b: "If the Khalifah dies or resigns before the appointment of a temporary Ameer, or if the vacancy of the Khilafah post occurred for reasons other than death or resignation, the eldest of the Assistants (Mu’awinun) shall be the temporary Ameer." What is the evidence for this article? And why is it the eldest of the Assistants who becomes the temporary Ameer and not someone younger?
Answer:
Walaikum Assalam Wa Rahmatullahi Wa Barakatuh,
Article 33 is well-explained in the Introduction, and it pertains to two matters: First, the Khalifah appointing a temporary Ameer before his death; and second, the mentioned order of succession if the Khalifah did not appoint a temporary Ameer before his death.
As for the first matter, its evidence, as stated in the article, is Ijma’ (Consensus). It states in the Introduction in the explanation of this article:
"When the Khalifah feels that his end is near, a suitable period before the vacancy of the Khilafah post, he may appoint a temporary Ameer to take charge of the Muslims’ affairs during the period of the procedures for appointing the new Khalifah. He starts his work after the death of the Khalifah, and his primary task is to complete the appointment of the new Khalifah within three days.
The temporary Ameer is not permitted to adopt rules (tabanni), because this is the prerogative of the Khalifah who is given the bay’ah by the Ummah. Likewise, he is not allowed to run for the Khilafah or support any of the candidates, because Umar (ra) appointed someone who was not among those he nominated for the Khilafah.
The mandate of this Ameer ends with the appointment of the new Khalifah, as his mission is temporary for this specific task.
The evidence for this is what Umar did when he was stabbed, and that was in the presence of the Sahabah (ra) without any objection, so it was an Ijma’.
Umar (ra) said to the six nominees when he was stabbed:
«وليصلِّ بكم صهيب هذه الأيام الثلاثة التي تتشاورون فيها»
'Suhayb shall lead you in prayer during these three days in which you consult one another.'
Then he said to Suhayb, as recorded in Tarikh al-Tabari:
«صل بالناس ثلاثة أيام، إلى أن قال: فإن اجتمع خمسة، ورضوا رجلاً، وأبى واحد، فاشدخ رأسه بالسيف ...»
'Lead the people in prayer for three days... if five agree on a man and one refuses, then strike his head with the sword...'
This means that Suhayb was appointed as an Ameer over them. He was appointed as an Ameer for prayer, and the leadership (imarah) of prayer meant the leadership of the people. Also, because he was given the authority of punishment ('strike his head'), and none carries out killing except the Ameer.
This matter took place in the presence of the Sahabah without any denunciation; thus, it was an Ijma’ that the Khalifah has the right to appoint a temporary Ameer who oversees the procedures for appointing the new Khalifah." End.
As for the second matter, which is how the temporary Ameer is appointed if the Khalifah did not appoint one before his death and the priorities therein, this is an administrative matter. It is permissible to adopt an article detailing this administrative matter, and thus what was mentioned in Article 33: (...the eldest of the Assistants shall be the temporary Ameer unless he wishes to run for the Khilafah, in which case it would be the next eldest... and so on. If all the Assistants wish to run, then the eldest of the Executive Ministers (Wuzara at-Tanfidh), then the one following him if he wishes to run... and so on. If all the Executive Ministers wish to run for the Khilafah, the temporary Ameer is restricted to the youngest of the Executive Ministers).
For your information, certain compelling considerations were taken into account in this adoption. The Assistants are the people most knowledgeable about governance and the most informed about the course of events during the days of the previous Khalifah. They are followed in knowledge and experience by the Executive Ministers due to their proximity to the Khalifah and his work. Therefore, these are the best people to take over the temporary leadership. Since the Assistants are equal with no preference between them in assistance, and likewise the Ministers, age was a suitable factor for preference, as in leading the prayer (imamat as-salah). If those praying are equal in the conditions of imamah, the eldest among them is prioritized. Muslim narrated in his Sahih from Shu'bah, from Isma'il bin Raja', who said: I heard Aws bin Dam'aj say: I heard Abu Mas'ud say: The Messenger of Allah ﷺ said to us:
يَؤُمُّ الْقَوْمَ أَقْرَؤُهُمْ لِكِتَابِ اللهِ، وَأَقْدَمُهُمْ قِرَاءَةً، فَإِنْ كَانَتْ قِرَاءَتُهُمْ سَوَاءً، فَلْيَؤُمَّهُمْ أَقْدَمُهُمْ هِجْرَةً، فَإِنْ كَانُوا فِي الْهِجْرَةِ سَوَاءً، فَلْيَؤُمَّهُمْ أَكْبَرُهُمْ سِنًّا، وَلَا تَؤُمَّنَّ الرَّجُلَ فِي أَهْلِهِ، وَلَا فِي سُلْطَانِهِ، وَلَا تَجْلِسْ عَلَى تَكْرِمَتِهِ فِي بَيْتِهِ إِلَّا أَنْ يَأْذَنَ لَكَ، أَوْ بِإِذْنِهِ
"The person who is best versed in the Book of Allah should lead the people; if they are equally versed in the Book of Allah, then the one who was the first to emigrate; if they are equal in migration, then the eldest of them. A man should not lead another in prayer where the latter has authority, or sit in his place of honor in his house, except with his permission."
Accordingly, the administrative matter adopted in this issue was to prioritize the eldest of the Assistants, then the next, then the eldest of the Executive Ministers, then the next, and so on.
Your brother, Ata Bin Khalil Abu Al-Rashtah
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