Prerequisites of the major imamate (Caliphate)

6-7-2017 | IslamWeb

Question:

Are Ahlus-Sunnah wal-Jama‘ah in agreement regarding the prerequisites of the Imam (ruler)? What are the relevant details? Would you please mention the opinions of the four Schools of Fiqh concerning this issue?

Answer:

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

The major Imamate (Caliphate) is the highest religious position as one who assumes it takes the place of the Messenger of Allah, sallallaahu ‘alayhi wa sallam, in protecting the religion and managing the worldly affairs accordingly. Therefore, many and hard prerequisites must be met by the Imam (one who assumes this position). We will first mention the prerequisites which are agreed upon by the leading scholars and then those which are not agreed upon:

Firstly, the agreed-upon prerequisites:

- Islam: It is invalid that a non-Muslim assumes the position of the Imam. Almighty Allah says (what means): {And never will Allah give the disbelievers over the believers a way [to overcome them].} [Quran 4: 141]

The Imamate, as Ibn Hazm  may  Allaah  have  mercy  upon  him stated, is the greatest form of overcoming. So it is worthier for that to be denied and prohibited.

- Competence for religious assignment: This means that the Imam must be sane and mature. Accordingly, it is invalid that the Imam be a minor or an insane person, since such categories of people should be under the guardianship of others. Thus they cannot be in charge of Muslims.

- Male: It is invalid that the Imam of Muslims be a woman. It was narrated on the authority of Abu Bakrah  may  Allaah  be  pleased  with  him that the Prophet, sallallaahu ‘alayhi wa sallam, said, "Those who entrust their affairs to a woman will never succeed." [Al-Bukhari]

A person who assumes this office is responsible for serious tasks and heavy burdens, something which is incompatible with the nature of women and femininity. So the wise sharia spared women this responsibility, out of mercy and compassion towards them in the first place, and to guard such a great post from being assumed by someone who is not competent for it and thus expose it to loss.

- Capability even by the assistance of others: It means that the Imam must be bold, courageous and brave enough to deal with wars, politics and defend Muslims. Otherwise, he has to seek the help of those who are capable to address such affairs.

- Freedom: it is invalid that the Imam be a slave as he is busy with serving his master.

These are the agreed upon prerequisites.

Secondly, the non-agreed-upon prerequisites:

- Reliability and ability to do ijtihad: The Maaliki, Shaafi'i and Hanbali jurists hold the opinion that reliability and the ability to do ijtihad (reasoning to deduce unsettled Sharee'ah rulings) are prerequisites for the Imam. Accordingly, the post of the Imam should not be assumed by a fasiq (defiantly disobedient) or a person who cannot do ijtihad unless those with these qualities are unavailable. The Hanafi scholars, however, hold the opinion that it is just better to have such qualities. According to them, it is valid that a fasiq person or one who can not do ijtihad assumes the office of the Imam, even if others are available. However, it is preferable to appoint a reliable person and one who is able to do ijtihad.

- Having sound hands, feet, hearing and sight: The majority of jurists hold the opinion that these are prerequisites. Consequently, it is invalid that a blind or deaf persoon or someone whose hands or legs are amputated assumes the position of the Imam. If he is the Imam and he is afflicted with something like that, then he must step down, as he is no longer able to properly manage the Muslims' affairs then. Thus, for the Imamate to be valid, everything which makes one totally or partially unable to achieve the office's requirements must not be there. Almighty Allah says (what means): {…And has increased him abundantly in knowledge and stature...} [Quran 2: 247]

The increase that he enjoyed in knowledge and stature made him more qualified than others to assume the office. This indicates that knowledge and soundness of body are prerequisites for leadership. Verily, the Major Imamate is the greatest form of leadership.

Some scholars, however, hold the opinion that these qualities are not prerequisites. According to them, there is no harm if the Imam has a defect or disease, such as blindness, deafness, amputation of hands and legs or leprosy, as there is nothing to prevent this based on the Quran, the Sunnah or ijma‘ (consensus).

This is actually inappropriate tolerance. This is because strict observance of the prerequisites of Imamate by appointing those who are best, in consideration of the Muslim nation's best interest, is more appropriate than caring for the interest of one person only. We have already mentioned the evidence of this.

The truth is that the soundness of body which enables one to properly fulfill the tasks of the office of the Imam should not be a controversial issue.

- Lineage: The majority of jurists hold the opinion that the Imam should belong to the tribe of Quraysh, quoting the hadith in which the Prophet, sallallaahu ‘alayhi wa sallam, said, "The Imams are to be from (the tribe of) Quraysh." [Al-Bukhari and Muslim]

Although Al-Mawardi  may  Allaah  have  mercy  upon  him transmitted the consensus on this, some of the scholars hold the opinion that it is not a prerequisite. They quoted a statement of ‘Umar  may  Allaah  be  pleased  with  him in which he said, "Had Salim, the slave of Abu Huthayfah, been alive, I would have entrusted him with this, the office of leadership." However, this report is ranked as weak. In Kashf Al-Khafa', Al-‘Ajlooni  may  Allaah  have  mercy  upon  him traced it back to Abu Nu‘aym, and considered its isnad inauthentic.

If it is authentic, then it could be said that ‘Umar  may  Allaah  be  pleased  with  him did not hear the Hadeeth implying that the Imams are to be exclusively from Quraysh. However, this is impossible. Rather, the Hadeeth is inauthentic.

It is not a condition that the Imam belongs to Banu Hashim or to the descendants of ‘Ali  may  Allaah  be  pleased  with  him. The scholars of the four Schools of Fiqh unanimously agreed on this. This is because although the first three caliphs did not belong to Banu Hashim, none of the companions  may  Allaah  be  pleased  with  them discredited their position. This works like a consensus that it is not a prerequisite that the Imam belongs to Banu Hashim or the descendants of ‘Ali  may  Allaah  be  pleased  with  him. 

Allah knows best.

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