Salahuddin
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The State system is built upon eight pillars:
a. The Khalif.
b. The delegated assistants.
c. The executive assistants.
d. The Amir of Jihad.
e. The Judges.
f. The governors of the provinces (Wilayat).
g. An administrative system.
h. The consultative assembly (majlis ash-shura).
It was shown that the bay'ah is only legitimate method to
appoint the Khalifah because Khilafah is a contract of
consent and selection. So the consent of the person who is
given the bay'ah to hold the Khilafah and the consent of
those who give the bay'ah are essential.
Thereupon, it is clear that nobody becomes a Khalif unless
the Ummah appoints him in this post, and he cannot have the
authority of Khilafah unless he is contracted to it.
This method of appointing the Khalifah (bay'ah) is proven
by the Quran, the Sunnah and the consensus of the Sahabah.
8. The detailed study of the bay'ah of the first four Khulafah
gives us the outline for a method to choose the Khalifah in
our contemporary times. First of all no one can become
Khalifah without the bay'ah (pledge) of the people. This
bay'ah is valid if it is taken without any force. The
matter of bay'ah proceeds after debate to establish
suitable candidates, then one of them is elected as a
Khalifah, then the bay'ah is taken for him from the people.
9. The issue of who are the Muslims who appoint the Khalifah
was examined. It was shown that the divine rule is to
establish the Khalifah by any gathering whose appointment
of the Khalifah achieves the consent of the Muslims by any
indication that proves this consent, wether this indication
is the pledge of the majority of the influential people,
the majority of the representative Muslims, the silent
acceptance of the Muslims regarding the group that give the
pledge, their harry to show obedience as a result of the
pledge or by any similar means, as long as they were
provided with the full facility to freely express their
opinions.
10. The actions occurring this century in elections, such as
secret ballots, polling boxes and counting votes and the
like, all these are styles to perform the selection by
consent. Therefore, these styles and means are not part of
what the divine laws are sought for. And they are treated
as matters which the general text has permitted, and there
is no special evidence to forbid them, so they are mubah.
So Muslims have the right to select these or other styles.
Any style which leads to enabling the Muslims to carry out
the Fard of appointing the Khalifah by consent and
selection, Muslims are allowed to use, unless there is a
divine evidence which prohibits it.
11. From the above we can choose the following manner in our
contemporary time in appointing the Khalifah.
a. The Muslims members of the Majlis ash-Shura (who are the
representative of the Ummah and are elected themselves by
the Ummah) check and determine the number of the candidates
to stand for election for the post of the Khalifah, these
names are subsequently announced and the Muslims are asked
to elect one person from this list of candidates.
b. The results of the election is to be announced and the
person who has attained the majority of the votes is to be
announced to the Muslims.
c. The Muslims must hasten to give the bay'ah to the candidate
-who has attained the majority of the votes- as the
Khalifah to follow the Quran and the Sunnah of the
Messenger of Allah (pbuh).
d. Once the bay'ah has been accomplished, the name of the
candidate who has become the Khalifah together with a
statement that he is qualified with all the agreement
conditions necessary for holding the office of Khalifah is
announced to the people so that the news of his appointment
reaches the whole of the Ummah.
12. The above mentioned manner to appoint the Khalifah can be
applied if there is Khilafah. But if the there is no
Khalifah at all , as is the case in our present time, then
every country in the Islamic world is eligible to elect a
Khalifah and thereby establish a Khilafah on condition that
the country fulfils four criteria:
a. The authority in that country must be self determined
depending on Muslims only, not on any disbeliever state
or disbeliever influence.
b. The security of Muslims in that country must be through
the security of Islam and not the security of Kufr, i.e.
the protection of the country internally and externally
must be in the name of Islam from the Muslims power in
its capacity as a purely Islamic power.
c. The country must commence immediate implementation of
Islam completely, comprehensively and radically and also
engage in delivering the Islamic call.
d. The elected Khalifah should fulfil the conditions of the
Khilafah contract, even if he is lacking the preferable
conditions, because what matters is the contract
conditions.
Therefore, if that country has fulfilled these four
conditions, then the Khilafah has been established by the bay'ah of
that country alone and it was convened with it alone as well, even
if this country does not represent the majority of the
influential people who represent the Islamic Ummah.
http://www-personal.umich.edu/~luqman/Belief/Khilafah/eighteen.html
