Method of appointing the next Ameer

Question:-

Is there any discussion in Fiqh which discusses what should be done in a situation where there is only one remaining person from a Shura. Should he assume the role of the Ameer, or, must another Shura be reinstated? Will it be possible for Mufti Saheb to provide textual references with the answer?

Answer:-

The appointment of the Khalifa takes place in either one of four ways.

1. When the Ulema and leaders of the various tribes and military of a nation pledge allegiance to a leader, their decision is binding on the people (i.e. people should accept whom they have accepted as the Khalifa) because they are men who have an informed opinion and the interest of the nation at heart. The appointment of Hadrat Bakr Radiallahu Anhu took place in this manner.

2. By the appointment of the reigning Khalifa. Hadrat Umar Radiallahu Anhu was appointed by Hadrat Abu Bakr Radiallahu Anhu in this manner. Hadrat Abu bakr Radiallahu Anhu had a letter written to this effect.

3. By selection from a panel of candidates nominated by the Khalifa. This is what Hadrat Umar Radiallahu Anhu did when he nominated a panel of six Sahaaba Radiallahu Anhum. Hadrat Uthman Radiallahu Anhu was selected as the Khalifa as a result of the mutual consultation of this panel.

4. With regards to the appointment of Hadrat Ali Radiallahu Anhu, the following two opinions have been purported.

• Most scholars maintain that he was appointed when the Sahaaba Radiallahu Anhum present in Madinah Munawwarah at that time, pledged allegiance to him (like the first manner described above). The letters he wrote to the governors in Syria attest to this.

• The decision was taken by the panel that Hadrat Umar Radiallahu Anhu had nominated, that Hadrat Ali Radiallahu Anhu would be the Khalifa after Hadrat Umar Radiallahu Anhu. However, this opinion is not well enough substantiated.

Re:- Rahmatullahil Waasiyah pg. 418 / 419  (English print)

The above applies to appointing the next Khalifa. We haven’t found anything in particular mentioned in regards to appointing the next Ameer when the last and final Shura member is surviving. However, there is no harm in adopting a suitable method from any of the above methods. One suitable method in our weak understanding is that a Shura is set up to appoint the next Ameer, similar to what Umar Radiallahu Anhu had done, and in this way the next Ameer can be appointed.

It is recorded in one Hadith that, Ali Radiallahu Anhu asked Rasulullah Salallahu Alaihi Wasallam, “O Rasul of Allah, if we are confronted with some occurrence and we cannot find a clear cut ruling in regards to the matter, then what do you advise us?” Rasulullah Salallahu Alaihi Wasallam said, “Gather the people of knowledge and the pious people and make Mashwera. Don’t pass a decision on a particular opinion.” This narration is recorded in Majma’uz Zawaa’id Pg.178 Vol.1. Allama Haithami Rahimahullah has stated that the narrators of this Hadith are all reliable. This could be another method of approaching the situation, that is, by gathering the senior Ulama and pious Mashaa’ikh and act upon their advice in the matter.

عن علي قال: قلت: يا رسول الله، إن نزل بنا أمر ليس فيه بيان أمر ولا نهي، فما تأمرنا؟ قال: تشاورون الفقهاء والعابدين، ولا تمضوا فيه رأي خاصة (مجمع الزوائد)

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 22 Jumadal Ukhra 1443 / 25 January 2022