the islamic spring - trackingterrorism.org islamic spring part four ... from imam malik and from ibn...

The Islamic Spring Part Four

The Islamic Spring

(Part 4)

(Answering the doubts regarding the Khalifa who

takes authority by force)

Jamaadi Al Aakhira 1436

By Shaykh Ayman al Zawahiri

(May Allah protect him)

Translated by

Al Muwahideen Media


Al Muwahideen Media

https://almuwahideenmedia.wordpress.com

https://almuwahideenmedia.wordpress.com/


In the name of Allah, all praise belongs to Allah, and may prayers and peace be upon

the Messenger of Allah, and on his family, his companions and his allies.

To my Muslim brothers everywhere, may peace, mercy and blessings of Allah be

upon you. To proceed:

In the previous episode of this series I discussed:

First: Clarifying what is the Khilafah that follows the Prophetic methodology.

Second: What are the most important characteristics of the Khilafah that follows the

Prophetic methodology?

Third: What is the correct way in the Sharia to choose a Khalifah?

Fourth: What are the most important qualities of a Khalifah?

Today, I wish to discuss regarding:

Fifth: Reply to some doubts and questions.

I will, by the help of Allah, respond briefly, by focusing on the following doubts and

questions:

1. Doubt regarding the leadership that is seized by force and subjugation.

2. Doubt regarding the permissibility of the Bay’ah of the minority.

3. Will a person be sinful if he refuses to give Bay’ah to the one who he sees to

be unfit for the position?

4. Should we accept any Khalifa because he appointed himself to the position of

the Khilafa when it is vacant? Because having any Khalifa is better than the

Muslims remaining without a Khalifa? Even though there exists leaders for the

Muslims who have power and who fulfill a number of Sharia obligations such

as Jihad, judging by the Sharia, enjoining the good and forbidding the evil, and

even though there exists groups which are striving hard to establish the Khilafa

that is upon the Prophetic methodology.


5. Does the Hadith of the Prophet may peace and blessings of Allah be upon

him, “Whoever dies without there being a Bay’ah upon his neck dies a death of

Jahiliyya (pre-Islamic ignorance)”, apply to the one who does not give Bay’ah

to the one who has appointed himself as Khalifa, while he is unfit for the

position?

6. A doubt: “Even if you consider that so-and-so is not qualified to be a Khalifa,

we have however searched for those who are suitable to be the Khalifa and we

did not find anyone better than him.”

7. Does the person who claimed to be the Khalifa without consulting the Muslims

have the right to order his followers to explode the heads of those who do not

accept his ‘khilafah’, while accusing them of splitting the ranks (of the

Mujahidin), by using as his evidence the Hadith of the Prophet, may peace and

blessings of Allah be upon him, “Whoever gives Bay’ah to an Imam by putting

his hand in the Imam’s, with a sincere heart, then he should obey the Imam if

he is able to. And if another man then comes contesting the first Imam, then

strike off the neck of the second”? 1

8. Is it a crime to delay the announcement for the Khilafah until the right time and

conditions have been met?

1. Doubt regarding the leadership that is seized by force and subjugation

Some may use as evidence the misunderstood matter regarding the issue of leadership

that is taken by force and subjugation. And so they would say, “The scholars have

permitted the leadership of the person who seizes authority by the sword, and they

considered obedience to him to be better than going out against him. So the one who

has taken over a land or a number of territories and announced himself as a Khalifa

after overpowering and using force, then we must obey him even if he reached the

position of Khilafa through explosions and detonations and by blowing up things”.

So the reply to them is:

1 Saheeh Muslim, Book of leadership, Section “Fulfilling the pledge of Bay’ah to the one who comes first”, Hadith

No. 4882, V. 6, P. 18


There are only two ways in the Sharia for choosing the leaders which are - selection

or succession. And that will only be with the consent of the Muslims as I have

mentioned about the reports of the Sahabah, may Allah be pleased with them, and

from Imam Malik and from Ibn Taymiyyah, may Allah have mercy on them.

As for taking authority by using the sword and by fighting and overpowering, then

that is a crime in the Sharia, and it leads to spilling of blood and is a transgression

against the Islamic nation in pursuit of authority.

Ibn Hajr al-Haithami, may Allah have mercy on him, said, “The Muthaghallib (one

who seizes authority by force) is wicked and deserves to be punished. He does not

deserve praise for his actions, nor should he be advised to do well in that which he

has seized forcefully. Rather, he only deserves strong criticism and hatred, and he

deserves that his ugly deeds and his evil conditions be made known to the public”. 2

And some of the scholars agreed to obey the Muthaghallib during necessity only, and

the details of this matter are available in the books of Fiqh. But we have no such

necessity, and we are also not in need of discussing it, because we and the majority of

the Muslims are not under the authority of this Muthaghallib. So we are by the grace

of Allah safe from his oppression.

Rather, a lot of Mujahideen have authority over vast and wide areas.

Moreover we, by the grace of Allah, are not without a Bay’ah. Rather, we have

willingly given our Bay’ah to Ameerul Mumineen Mullah Muhammad ‘Umar, and he

is our leader and the leader of Baghdadi also who used to acknowledge his leadership

and whose followers used to hail his name. And then Baghdadi and his group broke

their Bay’ah that they gave to him. And we shall not break our Bay’ah to Ameerul

Mumineen Mullah Muhammad ‘Umar, may Allah protect him, for the sake of a rebel

who without any consultation claimed the Khilafa in one region or a few areas.

Furthermore, we, by the grace of Allah, are from those who are striving to establish

the Khilafa that is upon the Prophetic methodology, as I shall clarify, by the grace of

Allah.

Moreover, when the scholars due to necessity and for repelling the greater of the two

evils accepted the leadership that is taken over by force and subjugation, they did not

accept it outright. Rather, they laid down one primary condition for that, which is that

2 As-Sawaaiq Al Muharriqa Ala Ahl ar-Rafdh wa Dalaal wa Zandaqa, Vol. 2, P. 627


there should be Sharia existing, and its rules should be followed. But as for the one

who along with his group, it has been confirmed that they run away from the Sharia

courts, then they have violated the first fundamental condition.

Further, those who depend on this misunderstanding are actually opening the door of

justification for any group to rebel against them when they (the rebels) gain control

over any of their territories, just like how the Umayyads broke away from the

Abbasids when they were in Spain.

So then based on this misunderstanding, it would be permissible for the group that

broke away to announce the dismissal of the first ruler who came by force, and to

appoint another ruler by force. And thus such a leadership by force will lead us into a

swamp of blood in which the blood of the finest Mujahideen and righteous men of

the Islamic Nation will be lost by igniting Fitan (tribulations) that will delight the

enemies of Islam.

Imam ibn Al Arabi may Allah have mercy on him, said “It was narrated from Ibn al-

Qasim from Malik that if someone rebels against a just leader, such as ‘Umar ibn

‘Abdul ‘Azeez, may Allah have mercy on him, it is obligatory to repel him. However,

if they rebel against others, then leave them. Allah will take revenge against the

oppressor with another oppressor, and then will take revenge from them both”.

Allah, the Exalted said, “So when the first of our two promises came, We sent against

you Our servants who were of great military might, and they entered the very

innermost parts of your homes. And it was a promise (completely) fulfilled.” (Surah

Al-Israa 17:5)

Malik said, “If the Bay’ah has been given to a righteous leader and his brothers rebel

against him, then they should be fought. However, as for these, there is no Bay’ah for

them as the Bay’ah has been given to them out of fear”.3

Here I want to point out that some brothers may mix between the words of the

scholars regarding having patience with the oppressive leaders who take over power

forcefully by the sword, and between the Khilafa of Prophethood. And they would

cite as evidence that statement which says that the authority of the ruler who comes

by force is a Khilafa upon the Prophetic methodology, such as the words of Imam

Ahmad, may Allah have mercy on him:

3 Ahkaamul Quran by Ibn Al Arabi Vol. 7, P.175


“Whoever overpowers the Muslims using the sword and becomes a Khalifa and is

given the title of Ameerul Mumineen, then it is not permissible for anyone who

believes in Allah and the last day to sleep without acknowledging him as a leader

over him, regardless of whether he is righteous or wicked, as he is the Ameerul

Mumineen.”4

It is a mistake to use this as evidence due to a number of reasons:

Firstly, the issue of having patience under the rule of the Muthaghallib has certain

conditions to it according to the Ahlu Sunnah. This is not the place for going into

those details.

Secondly, there are other narrations reported from Imam Ahmad may Allah have

mercy on him, that opposes this meaning, and this is not the place for explaining

them. Rather, Imam Ahmed may Allah have mercy on him, praised Ahmad ibn Nasr

al-Khuza’i may Allah have mercy on him, for rebelling against the Abbasid Khalifa,

Al-Wathiq. Imam Ahmad may Allah have mercy on him, said regarding Ahmed bin

Nasr, “May Allah have mercy on him, how generous he was! He has sacrificed

himself for Allah!”5

Thirdly, we ask those who use this as their evidence - Which Khilafa do you desire?

The Khilafa of Prophethood that the Prophet may peace and blessings of Allah be

upon him, gave glad tidings of, and the Khilafa of the Rightly Guided Khulafa, that

which the Prophet may peace and blessings of Allah be upon him, ordered us to

follow? Or the Khilafa of subjugation and usurpation, that which the Prophet, may

peace and blessings of Allah be upon him, described as a deviation from his Sunnah,

and which our master ‘Umar may Allah be pleased with him, forbade to give Bay’ah

to, and the one who Imam Malik may Allah have mercy on him, described as an

oppressor from whom Allah will take revenge and to whom Bay’ah is invalid, and

who should not be supported against the one who rebels against him, as we have

mentioned previously?

And I would like to clarify a few points here.

4 Al Ahkaam As-Sultaaniya, by Abu Ya’la al Farraa, Vol.1, P.20

5 Al Bidaaya Wa Nihaaya, The entry of the year 231, Vol.10, P.303-306


Firstly, the Khilafa which comes by force, and by overpowering, and by subjugation,

or that which some describe as the Khilafa of explosions, and detonations, and

blowing up things, it is that which has brought about the worst outcomes for the

Islamic Nation in its history. And it was a reason for this deterioration and this

decline into which we have reached. It is enough that it was what led to a number of

women and children becoming rulers during some of the most critical times in the

history of the Islamic Nation.

Like how in Egypt, when the leaders of the Mamluks chose Al-Mansur Bin ‘Izz-u-

Deen Aybak as the king of Egypt, who was at that time a small child spending his

time riding donkeys and playing with pigeons. The Tatars had overrun Baghdad and

had come close to Aleppo and were threatening Egypt. So the leaders, the scholars

and the dignitaries held a council in the presence of the king Al-Mansur who sat

without an opinion. Then, the commander Saif-u-Deen Qutuz deposed him and took

over authority and excused himself before the scholars and judges saying that Al-

Mansur is a small child and that the country is in need of a strong and skilled ruler to

confront the Tatars.

Then, when Qutuz may Allah have mercy on him, became victorious over the Tatars

in the Battle of ‘Ain Jalut, Baybars and a group of chiefs conspired against him and

killed him. They then attacked his soldiers while waving their swords high, until they

reached the royal hall and entered it while the chieftain was standing at the entrance

of the hall, and they informed him of what they had done. So he asked them, “Who

from amongst you killed him?” to which Baybars responded, “I did”, to which the

chieftain replied, “Oh! Master! The position of Sultan is yours!” 6 Thus, the Shareeah

ceased to exist for appointing the ruler, and instead the sword became the judge.

And instead of the killer being ushered to the Sharia courts, he was awarded the rule,

and he would even select the judges and Muftis himself.

And we have seen the one who was called to the Sharia courts for accusations against

him and his supporters relating to grave matters like spilling of blood, while he would

refuse and flee saying, “I am the Imam, and whoever wants to go to Sharia court let

him come to the judge that I nominate myself.”

6 An-Nujoom Az Zaahira Fee Mulook Misr Wal Qaahira, vol. 2, p. 273


And this is how the Sharia breaks apart. The Messenger of Allah may peace and

blessings of Allah be upon him, spoke the truth when he said, “The knots of Islam

will be undone one by one. Each time a knot is undone, the people will cling to the

one after it. The first knot to be undone will be that of leadership, and the last one

will be the prayer.” 7

And in the modern history, it was leadership that was seized by force which was one

of the main reasons behind the corruption of the Da’wah (propagation) of the

revivalist Imam Muhammad bin ‘Abd-ul-Wahhab may Allah have mercy on him. It

converted his Da’wah into a state that allies with the Americans and the British

against the Muslims, and that which rules by other than what Allah has revealed, and

which hands over their natural resources and their lands to them.

The second issue is that calling people towards the khilafa of detonations and

explosions and blowing up things will lead to igniting strife amongst the Mujahidin,

between those who follow the khalifa of explosions and detonations and blowups,

who consider the rest of the Mujahidin to have no legitimacy, saying that they are

Bughaat (transgressors, rebels) and sometimes even apostates, and between those

who do not accept his domination, who strive to establish the Khilafa upon the

Prophetic methodology. And we have seen its disaster in the fighting amongst the

Mujahidin in Shaam, which is threatening to destroy the Jihad, while the first and

foremost benefactor would be the enemies of Islam.

The third issue is that the past oppressive kingship was not void of good deeds. Al-

Hajaj bin Yusuf sent Muhammad bin al-Qasim to conquer Sindh. And the Khalifa al-

Mu’tasim, who flogged Imam Ahmad may Allah have mercy on him, conquered

Amorium. But this does not negate the reality that taking over kingship by using

force and without Shura (consultation) is against the Sharia.

We are today striving to restore the Khilafa upon the Prophetic methodology, which

contains the welfare of the Muslims and their sovereignty and their honor, the Khilafa

of Prophethood and mercy, that which the Prophet may peace and blessings of Allah

be upon him, gave us good tidings of. And we are not striving to restore the

oppressive kingship, which was one of the main reasons for the decline of the

Muslims, and their backwardness, and their defeat.

7 Shaykh Al Albani, may Allah have mercy upon him, declared it as Saheeh (Al Jaami’ as Sagheer Wa Ziyadathuhu ,

Hadeeth no. 9206, Vol.1, P.921)


We are striving to restore the Khilafa that is upon the pattern of the Rightly Guided

Khulafa, and not on the methodology of al-Hajjaj bin Yusuf, Busr bin Artat and Abu

Muslim al-Khurasani.

We are striving to restore the Khilafa upon the methodology of our master, the

messenger of Allah may peace and blessings of Allah be upon him, who says, “The

best of your leaders are those whom you love and who love you, who you pray for

and who pray for you. And the worst of your leaders are those who you hate and who

hate you, who you curse and who curse you” (Sahih Muslim). 8 And how can people

love the one who subjugates them and the best amongst them by explosions and

detonations and by blowing up things?

***

2. Doubt regarding the permissibility of the Bay’ah of the minority

I will deal with this point briefly.

I have found some of the brothers relying on two matters for the permissibility of the

Bay’ah of the minority.

The first matter: It is that which has been reported from some of the scholars, may

Allah have mercy on them, that the Bay’ah for the Khilafa can be made by one, or

two or a few individuals.

The reply to that is:

Firstly, this statement contradicts the Sunnah of the Sahaba may Allah be pleased

with them, and their clear consensus which is narrated in the most authentic books of

Sunnah, as we have previously mentioned.

Secondly, Sheikh ul-Islam Ibn Taymiyyah may Allah have mercy on him, took over

the task of responding to this misunderstanding, as we have said before. This

misunderstanding is similar to that of the Raafidha in slandering the companions and

our master Abu Bakr, may Allah be pleased with them.

8 Saheeh Muslim, the Book of Leadership, Chapter "The best and the worst leaders", Hadeeth no. 4911, Vol.6,

P.34


The second matter: It is that which has been mentioned by Imam Nawawi, may

Allah have mercy on him: - “As for the Bay’ah, the scholars have agreed that it is not

a condition that all the people have to give the Bay’ah in order for it to be valid, nor

all of Ahlul Hal Wal Aqd (the influential members of the society from the scholars,

leaders etc.). Rather, the only condition is that those who can easily be gathered

together from amongst the scholars, the leaders and other notable individuals should

give their Bay’ah.” 9

This statement is evidence AGAINST the one who claims the permissibility of the

Bay’ah of the minority.

Firstly, no one has made consensus as a condition. Rather, the agreement of the

majority.

Secondly, those scholars, leaders and notable individuals who can be easily gathered

today include all those who are with this description throughout the entire world, as it

is now possible to contact the entire world in a matter of milliseconds.

Thirdly, Imam Nawawi may Allah have mercy on him, mentioned the gathering of

the scholars, leaders and notable individuals, but he did not mention the unknown

ones, who we do not know their names or even their nicknames.

***

3. Will a person become sinful if he refuses to give Bay’ah to the one who he sees

to be unfit?

The answer is: Of course not.

The evidence for that is the action of a number of noble companions, may Allah be

pleased with them.

For example, our masters Hussain, Ibn Az-Zubayr and Abdul Rahman ibn Abu Bakr

may Allah be pleased with them, refused to give Bay’ah to Yazid ibn Abu Sufyan.

9 Sharh of Saheeh Muslim by Al Nawawi , Vol.6, P.209


Abu Na’eem may Allah have mercy on him, narrated from ‘Urwa bin az-Zubayr,

may Allah have mercy on him, that:

“Abdullah ibn az-Zubayr became reluctant in obeying Yazid ibn Mu’awiyah, and

cursed him openly. This reached Yazid, who swore that Ibn az-Zubayr would not be

brought to him except in chains, or he would send for him. So it was said to Ibn

Zubayr, “Should we not fashion for you silver chains over which you may wear

clothes and thus fulfill the oath of Yazid? Is reconciliation not better for you?” Ibn al-

Zubayr said, “No, by Allah, I will not fulfill his oath!” Then he said,

“I will not soften to other than the truth which I seek * Until stone becomes softened

by molars chewing it”.

Then he said, “By Allah, the strike of a sword in honor is more beloved to me than

the lash of a whip in disgrace”. Then he proposed himself as the Khalifa, announcing

his opposition towards Yazid ibn Mu’awiyah.10

The chain of narration of this Hadith is authentic, by the grace of Allah.

Imam al-Isma’ili may Allah have mercy on him, narrated, “Mu’awiyah wished to

nominate Yazid, his son, as his successor. He wrote to Marwan informing him of

that. So Marwan gathered the people and gave a speech mentioning Yazid, and he

asked them to give Bay’ah to him, saying, “Verily, Allah has shown Yazid to the

Ameerul Mumineen as a good choice, and if he nominates him as his successor then

Abu Bakr and Umar had (also) nominated successors.” At that, Abd-ur-Rahman said,

‘This is nothing but the practice of the Romans!”11

Imam Bukhari, may Allah have mercy on him, has narrated this in brief in his

Saheeh.

And Imam ibn al-Hajr may Allah have mercy on him, said that Zubayr narrated from

Abdullah bin Nafi’ that “Mu’awiyah gave a speech and called the people to give

Bay’ah to Yazid. So Hussain bin Ali, and Ibn az-Zubayr, and ‘Abdur-Rahman

ibn Abu Bakr spoke to him. And ‘Abdur-Rahman said to him, “Is it the tradition

10

Ma’rifathu Sahaba, by Abu Naeem al Asbahani, Hadeeth no. 3678, Vol.11, P.461, Al Mustadrak Ala As- Saheehain, Information about the Sahaba, the mention of Abdullah ibn Zubayr ibn al Awaam, may Allah be pleased with them, Hadeeth no. 6338, Vol.3, P.634 11

Fath Al Bari, the book of Tafsir, chapter "He who says to his parents...... (the verse)" Vol.13, P.392


of the Romans? Every time one Caesar dies, another Caesar takes his place? By

Allah, we will never follow that!”12

Our masters Hussain ibn Ali and Abdullah ibn Zubayr, may Allah be pleased with

them, not only refused the rule of Yazid, rather each one of them also proposed

himself as a Khalifa, thinking that the majority of the Islamic Nation would accept

him as such.

As for Yazid, before seizing the Khilafa forcefully for himself, the people did not

give him Baya’h secretly in a basement, rather, the Bay’ah was gathered for him from

Sham, Hijaz and other locations before his enthronement.

And here I would like to point out that our master Hussain did not break his pledge of

allegiance to our master Mu’awiyah may Allah be pleased with them. Rather, he

remained faithful to what our master Hassan had pledged to our master Mu’awiyah

may Allah be pleased with them, even though he hated it and he believed that

Mu’awiyah should be fought, may Allah be pleased with them. However, he

remained faithful to his pledge and the pledge of his brother and of the Muslims to

Mu’awiyah may Allah be pleased with him, because he considered the rule of

Mu’awiyah to be legitimate as it took place with the consensus of the Muslims.

And he did not ask for Bay’ah until after the death of Mu’awiyah, may Allah be

pleased with him, because he considered the rule of Yazid ibn Mu’awiyah to be

illegitimate as he came to power through force and without consulting the Muslims,

the majority of whom considered him to be unfit for the Khilafa.

***

4. Should we accept any Khalifa because he appointed himself to the position of

the Khilafa when it is vacant? Because having any Khalifa is better than the

Muslims remaining without a Khalifa? Even though there exists leaders for the

Muslims who have power and who fulfill a number of Sharia obligations such as

Jihad, judging by the Sharia, enjoining the good and forbidding the evil, and

even though there exists groups which are striving hard to establish the Khilafa

that is upon the Prophetic methodology.

The answer is: No.

12

Al Isaabah, Vol.4, P.327. Refer also to Al Istee’aab, Vol.2, P.825


This misconception was not accepted by our masters Hussain, nor ‘Abdullah ibn

Zubayr nor ‘Abd-ur-Rahman ibn Abu Bakr may Allah be pleased with them. Because

when our master Mu’awiyah, may Allah be pleased with him, died and left the

position of the Khilafa, they refused to accept Yazid taking over the post of the

Khilafa. They did not say “For us to accept Yazid as Khalifa is better than us

remaining without a Khalifa”. Rather each one from Hussain, and then Abdullah ibn

al-Zubayr may Allah be pleased with them, strove to establish a Khilafa on the

methodology of the Rightly Guided Khalifas, with each one of them proposing

himself as the Khalifa, in spite of the presence of Yazid. However Hussain was not

able to reach the position, whereas Abdullah ibn Zabayr may Allah be pleased with

him, was able to become a Khalifa, and the scholars considered Abdullah ibn Zubayr

as the legitimate Khalifa after he was given Bay’ah from throughout the lands.

Moreover, we are not without a Bay’ah. Rather, upon our necks and the necks of al-

Baghdadi and his group, there exists our Bay’ah as well as their Bay’ah to the Islamic

Emirate (of Afghanistan), that which al-Baghdadi and his group broke, and to which

we shall remain loyal to, with Allah’s permission.

Further, we are neither negligent nor reluctant in establishing the Khilafa. Rather we

along with the rest of the Mujahidin are striving sincerely to achieve that, as I shall

clarify, Allah willing. However, we are striving for the Khilafa upon the Prophetic

methodology, and not for an oppressive kingship using force and compulsion through

explosions and detonations and blowing up things.

***

5. Does the Hadith of the Prophet may peace and blessings of Allah be upon

him, “Whoever dies without there being a Bay’ah upon his neck, dies a death of

Jaahiliyya (pre-Islamic ignorance)”, apply to the one who does not give Bay’ah

to the one who has appointed himself as Khalifa, while he is unfit for the

position?

The answer is: No.

To clarify that, I will mention some of the narrations of this particular Hadith from

Al-Bukhari and Muslim.


Firstly, Imam al-Bukhari may Allah have mercy on him, narrated from Ibn Abbas

may Allah be pleased with them, “Whoever sees from his leader something he

dislikes should bear it with patience, because verily whoever leaves the community

by a hand span and then dies, he dies a death of Jaahiliyya”. 13

Imam Muslim may Allah have mercy on him, narrated from Ibn ‘Umar may Allah be

pleased with them, “Whoever withdraws his hand from obedience (to the leader),

will meet Allah on the Day of Resurrection without an argument in his defense, and

whoever dies without there being a Bay’ah upon his neck dies a death of Jahiliyya”.14

He, may Allah have mercy upon him, also narrated from Abu Huraira may Allah

be pleased with him, “Whoever defects from obedience (to the leader) and

leaves the community and dies, he dies a death of Jahiliyya. Whoever fights for

an unclear cause, getting angry for the sake of his group, making calls for his group

or supporting his group, and gets killed, then his death is that of one belonging to

(the days of) Jahiliyya. Whoever rebels against my nation, attacking both the

righteous ones and the wicked ones in it and does not spare the believers in it and

does not fulfill the covenants to whom it is given, he is not from me and I am not

from him”.15

So this Hadith contains a threat for the following persons:

-The one who had a leader and he saw something from him which he disliked, and he

left the Muslim community who are all united under that leader.

-The one who withdraws his hand from obedience to the leader whom he used to

obey previously.

-The one who defected from obedience to the leader by leaving the Muslim

community.

And this Hadith does not include the one who did not give Bay’ah at all in the first

place to the one who he does not consider to be fit for leadership or for Khilafa. And

13

Saheeh al Bukhari, the book of Fitan (trials and tribulations), chapter - The statement of the Prophet, may the peace and blessings of Allah be upon him, "You will see after I depart matters that you dislike". Abdullah ibn Zayd said that the Prophet may the peace and blessings of Allah be upon him, said "Be patient until you meet me at the Hawdh", Hadeeth no. 6531, Vol.21, P.443 14

Saheeh Muslim, The book of leadership, Chapter: "The obligation of sticking to the Muslim community when tribulations occur and in every situation, and the prohibition of leaving obedience and splitting from the community", Hadeeth no.3441, Vol.9, P.393 15

Saheeh Muslim, The book of leadership, Chapter: "The obligation of sticking to the Muslim community when tribulations occur and in every situation, and the prohibition of leaving obedience and splitting from the community", Hadeeth no. 3436, Vol.9, P.388


this stance has been confirmed by the position taken by our masters Hussain, and Ibn

Zubayr, and Abdul Rahman ibn Abu Bakr, may Allah be pleased with them, towards

the leadership of Yazid Ibn Abu Sufyan, as mentioned previously.

And by the grace of Allah, we and the vast majority of the Mujahidin and Muslims:

- Have never given our hand in obedience to the one who appointed himself as a

Khalifa, he who is unfit for that position, for us to withdraw our hand from it.

- We have not left the Muslim community as we did not rebel against a leader

whom the Muslim community has given their Bay’ah to.

- Moreover, we did not defect from obedience nor did we break our Bay’ah, since

there is a Bay’ah binding upon our necks to a leader to whom we have willingly

given our Bay’ah. He controls wide areas, by the grace of Allah, and enjoys the

allegiance and love of tens of millions throughout Afghanistan, Pakistan, the

Indian Subcontinent, Central Asia, the Arab countries and the rest of the world.

And do we have predecessors who have done what we say here?

Yes, and what kind of predecessors? Hussain, ‘Abdullah ibn az-Zubayr and ‘Abd-ur-

Rahman ibn Abu Bakr, may Allah be pleased with them, the ones who refused to

give Bay’ah to Yazid because the Muslims were not consulted over it.

This is confirmed by what Imam Ahmad, may Allah have mercy on him, said in his

explanation of this Hadith.

Imam al-Khallal may Allah have mercy on him, said: “Muhammad ibn Abi Harun

informed me that Ishaq narrated to them that Abu ‘Abdullah (Imam Ahmad) was

asked about the Hadith of the Prophet, “Whoever dies without having a leader dies

the death of Jahiliyya”. What does it mean?” Abu ‘Abdullah replied, “Do you know

who the leader is? The leader is he over whom all the Muslims agree and all of them

say “he is the leader”. That is what it means”. 16

Imam al-Farraa may Allah have mercy on him, commented on this Hadith, saying,

“What is apparent from this Hadith is that the leader is appointed by the consensus of

the Muslims”. 17

16

The Sunnah, by Al Khallaal, Vol.1, P.80, 81 17

Al Ahkaam As-Sultaaniya, P.23


The Muslims in this age have not formed a consensus that the one who has appointed

himself as a Khalifa based on the Bay’ah of a few unknown individuals, is their

leader. Rather, no one has said that except an extremely small minority whom we do

not know.

***

6. A doubt: “Even if you consider that so-and-so is not fit to be a Khalifa, we

have searched for those who are fit for the position and we did not find anyone

better than him.”

This statement is completely rejected. Rather, there are amongst the Mujahidin and

amongst the noble Muslims those who are much better than him.

Sheikh Abu Muhammad al-Maqdisi, may Allah protect him, said regarding a group

that appointed its leader as a Khalifa after taking Bay’ah from a few unknown

individuals:

“It is necessary to state that if there were no groups other than this group present in

the field, these scholars would have been prompted by their knowledge to support its

leader, since they are required to appoint the best of them for leadership. And there is

no doubt that this group is better than the Thaghut and the apostate rulers. However,

while the field is filled with different competing fighting factions, some of which

equal this group in strength, and compete with them in numbers, and are better than

them in their dealings and leadership, then the one who is less deserving should not

be given priority over one who is better than him.” 18

***

7. Does the person who claimed to be the Khalifa without consulting the

Muslims have the right to order his followers to explode the heads of those who

do not accept his ‘khilafah’, while accusing them of splitting the ranks (of the

Mujahidin), by using as his evidence the Hadith of the Prophet, may peace and

blessings of Allah be upon him, “Whoever gives Bay’ah to an Imam by putting

his hand in the Imam’s, with a sincere heart, then he should obey the Imam if he

18

The article, “Do not be like her who unwinds the thread which she has spun after it has become strong”


is able to. And if another man then comes contesting the first Imam, then strike

off the neck of the second”? 19

The answer to that is:

Firstly, we have shown the invalidity of Bay’ah of the minority, and that the one who

is given Bay’ah by a minority is not counted as a legitimate Imam, as proven by the

Sunnah of the Prophet, may peace and blessings of Allah be upon him, and the path

of the Khulafa ur-Rashideen and the companions may Allah be pleased with them,

and the words of Ibn Taymiyyah may Allah have mercy on him.

Secondly, we have mentioned the words of Imam Ahmad may Allah have mercy on

him, explaining who is the Imam who if one dies without giving him Bay’ah, he dies

the death of Jahiliyya.

Thirdly, we have mentioned the statement of Imam Malik which says that the one

who took over leadership by force and subjugation should not be supported against

one who rebels against him.

Fourthly, the one who breaks his Bay’ah to his leader, and then calls others to give

him Bay’ah instead, he is the first one over whom this Hadith is applicable. And he

has no right to use this Hadith as evidence. Rather, this Hadith is evidence against

him.

Fifthly, whoever breaks his Bay’ah to his leader, and calls others to give him Bay’ah

instead, then Bay’ah to him is invalid, because anything built upon falsehood is

invalid.

Sixthly, just imagine the evil that will arise from the disaster caused by this

misunderstanding, a disaster from a man appointing himself as a Khalifa without the

consulting the Muslims, while the vast majority of the Mujahideen and the Muslims

do not accept him as such. And then, he sends his assassin groups to explode the

heads of the monotheist Mujahideen and the best of them, those who are striving to

rule by the Sharia and striving to establish the Khilafa that is upon the Prophetic

methodology, while many of them have been on the battlefields of Jihad even before

them for decades, and they have neither changed nor compromised. Thus, these poor

19

Saheeh Muslim, The book of leadership, chapter: Fulfilling the pledge of leadership to the one who comes first, Hadeeth number 4882, Vol.6, P.18


souls are causing devastation for the Jihadi movement, and causing chaos inside it,

with the movement being destroyed by the very hands of those who claim to belong

to it, while the enemies of Islam watch this disaster and rejoice.

And let the one who follows this misconception ponder as to what kind of disaster he

has fallen into. This poor man left his home seeking paradise and then finds that he is

in the deepest pits of hellfire, as our Lord the Glorious and Exalted, has informed us:

“Whoever kills a believer intentionally- his recompense is Hell, wherein he will abide

eternally. Allah has become angry with him, and has cursed him and has prepared

for him a great punishment”. (Surah Nisaa:93)

Then, is it not our right to question the incentive and motive of those who incite the

Mujahidin towards this crime by issuing deviant Fatwas which are thirsty for the

blood of their adversary from among the best of the Mujahidin and the Muslims?

What is the motive behind these Fatwas? What is the Fitna that they are striving for?

And towards what crime are they encouraging?

***

8. Is it a crime to delay the announcement for the Khilafah until the right time

and conditions have been met?

I will delay answering that doubt in detail until the following question is answered:

Are the conditions now ready for the announcement of the Khilafa?

However, I will answer now in brief. The Sahaba were not sinful for forbidding

Hussain, may Allah be pleased with them, from rebelling against Yazid ibn

Mu’awiyah, because they saw that he did not possess the conditions for success, as

we will mention, Allah willing.

And I will suffice with this now, and we shall meet in the next episode, if Allah wills.

And our final supplications are that all praise belongs to Allah, the Lord of all that

exists.

And may the blessings of Allah be upon our master Muhammad and on his family

and companions.

And may peace, mercy and blessings of Allah be upon you.

the islamic spring - trackingterrorism.org islamic spring part four ... from imam malik and from ibn...

Documents