Aslam

Praise be to Allah.

The Muslim ruler must appoint people who are qualified to

hold positions of high office in the state, and he must also hold

consultations with people of knowledge and those who are specialized in

various fields. That should not be left to the common folk or the masses for

everyone to elect his relative or a member of his party, or to elect the one

who will pay the most.

Shaykh Saalih ibn Fawzaan (may Allaah preserve him) said:

Official positions that are lower than that of caliph or

ruler: Appointing people to these positions was the job of the caliph or

ruler. He had the authority to select for them people who were competent and

had integrity. Allaah says (interpretation of the meaning): “Verily,

Allaah commands that you should render back the trusts to those, to whom

they are due; and that when you judge between men, you judge with justice”

[al-Nisa’ 4:58]. This is addressed to rulers and those in authority.

Trusts (amaanaat) here refers to official positions and positions of

high office in the state, which Allaah made a trust that is entrusted to the

ruler. The way in which it is to be fulfilled is by choosing people who are

competent and have integrity, as the Prophet (peace and blessings of

Allaah be upon him) and the caliphs who came after him and the Muslim rulers

after them appointed to various positions those who were fit to hold those

positions and were able to fulfil these duties as prescribed in sharee’ah.

With regard to elections as they are known today in different

states, they are not part of the Islamic system and they may lead to

disorder and chaos and personal ambitions. They are subject to favouritism

and greed, and may lead to fitnah (tribulation) and bloodshed. They do not

achieve the purpose they are meant to achieve; rather they are more like

auctions, buying and selling, and false propaganda. End quote.

Al-Jazeerah newspaper, issue no.

11358.

The imam (ruler) or caliph was appointed to lead the Islamic

state by one of three methods:

1-

He was chosen and elected by the decision makers (ahl al-hall

wa’l-‘aqd). For example, Abu Bakr al-Siddeeq became caliph when he was

elected by the decision makers, then the Sahaabah unanimously agreed with

that and swore allegiance to him, and accepted him as caliph.

‘Uthmaan ibn ‘Affaan (may Allaah be pleased with him) became

caliph in a similar manner, when ‘Umar ibn al-Khattaab (may Allaah be

pleased with him) delegated the appointment of the caliph to come after him

to a shoora council of six of the senior Sahaabah, who were to elect one of

their number. ‘Abd al-Rahmaan ibn ‘Awf consulted the Muhaajireen and Ansaar,

and when he saw that the people were all inclined towards ‘Uthmaan, he swore

allegiance to him first, then the rest of the six swore allegiance to him,

followed by the Muhaajireen and Ansaar, so he was elected as caliph by the

decision makers.

‘Ali ibn Abi Taalib (may Allaah be pleased with him) became

caliph in a similar manner, when he was elected by most of the decision

makers.

2-

Appointment to the position by the previous caliph, when one

caliph passes on the position to a particular person who is to succeed him

after he dies. For example, ‘Umar ibn al-Khattaab became caliph when the

position was passed on to him by Abu Bakr al-Siddeeq (may Allaah be pleased

with him).

3-

By means of force and prevailing over others. When a man

becomes caliph by prevailing over the people by the sword, and he

establishes his authority and takes full control, then it becomes obligatory

to obey him and he becomes the leader of the Muslims. Examples of that

include some of the Umayyad and ‘Abbasid caliphs, and those who came after

them. This method is contrary to sharee’ah, because it is seized by force.

But because great interests are served by having a ruler who rules the

ummah, and because a great deal of mischief may result from chaos and loss

of security in the land, the one who seizes authority by means of the sword

should be obeyed if he seizes power by force but he rules in accordance with

the laws of Allaah.

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have

mercy on him) said:

If a man rebels and seizes power, the people must obey him,

even if he seizes power by force and without their consent, because he has

seized power.

The reason for that is that if his rule is contested, it will

lead to a great deal of evil, and this is what happened during the Umayyad

period when some of them seized power by means of force and gained the title

of caliph, and people obeyed them in obedience to the command of Allaah. End

quote.

Sharh al-‘Aqeedah al-Safaareeniyyah

(p. 688).

For more information on this topic, and to find out how the

state should operate and how its affairs should be run, please see Ahkaam

al-Sultaaniyyah by Abu’l-Hasan al-Maawardi al-Shaafa’i and Ahkaam

al-Sultaaniyyah by Abu Ya’la al-Farra’ al-Hanbali, and al-Tarteeb

al-Idaariyyah by al-Kattaani.

And Allaah knows best.