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		The Conditions of Leadership [ash Shurootul Imaamah]

	If we look to the real conditions of Imaamah that are established by evidence from the Quran and Sunnah and sound rational deduction we can see how these true conditions serve the objectives of the shari’ah and the objectives of Imaamah as opposed to the false conditions that are not supported by divine text and contradict rational proof. Below is a list of the conditions of Imaamah:- 1 Muslim “…Never will Allah allow the kaafiroon to have a sabeel over the mu’minoon” (an Nisa 4:141) “O you who believe! Obey Allah obey the messenger and those in authority amongst you” (an Nisaa’ 4:60) 2 Mature Mukallaf (sane, mature) Nabi (saw) was reported by A’li to have said “The pen is lifted for three – one who sleeps till he awakes, a child till he becomes mature and an insane person till he gains his sanity” (ABU DAWOOD kitabul Hudood, AHMAD, NASAA’I, IBN MAAJAH and graded ‘saheeh’ according to AL HAAKIM as reported by IBN HAJR AL ASQALAANI in ‘Bulooghul Maraam min Adillatul Ahkaam’ [kitaabun Nikaah no.927]) Abdullah Ibnu Hisham said "My mother took me to Rasool Allah (saw) in order to give him bayah. He (saw) wiped my head and said "He is a child" and made du'a for me". (BUKHAARI) 3 Sane Nabi (saw) was reported by A’li to have said “The pen is lifted for three – one who sleeps till he awakes, a child till he becomes mature and an insane person till he gains his sanity” (ABU DAWOOD kitabul Hudood, AHMAD, NASAA’I, IBN MAAJAH and graded ‘saheeh’ according to AL HAAKIM as reported by IBN HAJR AL ASQALAANI in ‘Bulooghul Maraam min Adillatul Ahkaam’ [kitaabun Nikaah no.927]) 4 Free The Imaam is an authority over the whole ummah and his is necessarily excluding the slave as he is under the complete control of his owner. 5 Just /trustworthy Allah (swt) says "...And take for witnesses two just persons from among you..." [at Talaq 65:2] When we look to this ayah we can see that the condition of the witness is that he is just and not a faasiq. There can be no way that the justice of shari’ah can be actualised when the true circumstances are deliberately misrepresented by liars and false reports, this is because the shari’ah is a judgement upon the true circumstances and thus it is dependent upon an accurate conveyance of the details being judged. If this is the case with the witnesses then what is the case with the one who is making the judgement? What is the benefit of establishing a true reporting of events if we allow that an untrustworthy person can actually make the judgement itself? Indeed the judge himself must be a just witness to the hukm just like a witness must convey the truthful circumstances that are to be judged. At the root of all this is the Imaam as he is the one who appoints the judges and from Usoolul fiqh the principle is that the root is not outweighed by the branch. i.e. The branch of just judges be broken by the one who appoints them being corrupt. Allah (swt) says “When you judge between people then do so with justice” (an Nisaa’ 4:58) It is obligatory to judge with justice and as we have said the root of judgement is the Imaam who has the ultimate decision in the affairs of the deen and the dunya and is the one who appoints the judges and has ultimate authority in deciding the discretionary punishments [ta’zeer]. Also it can be said that those who appoint the Imaam must also make the just judgement when deciding who is to be appointed as Imaam. Allah (swt) says “Verily We have sent down to you the Book with the truth so that you can judge between the people by that which Allah has shown you and do not plead for those who are treacherous [khaseeman]” (an Nisaa’ 4:105) This verse is important because it links the objectives [maqaasid] of wahi with the just judgement and not the assistance of injustice and falsehood as the verse clerly prohibits this. Note this verse also proves that an attribute of the naboowah of Nabi (saw) was that he was a judge [haakim] etween people. Allah (swt) says “Be just for Allah loves those who are just [muqsiteen]” (al Hujuraat 49:9) “And (remember) when the Lord of Ibraheem tried him with commands, which he fulfilled. He (Allah) said (to him) ‘Verily, I am going to make you an Imaam [leader] for people’ (Ibraheem) said ‘And of my offspring’ (Allah) said ‘My covenant includes not zaalimoon’.” (al Baqarah 2:124) I’yaad bin Himaar reports Nabi (saw) “…The inmates of paradise will be of three kinds sultaanin muqsit mutasaddiq muwaffaq (the one in authority who is just, truthful and given success to do good), and a person full of mercy and tender hearted towards his relatives and Muslims and a pious self restraining person having a family….” (MUSLIM kitaabul Jannah wa Sifaat naa’imaha wa ahliha [no.6853]) Abu Sa’eed al Khudri reports that Nabi (saw) said “ The most beloved person to Allah and the closest to Him on Yawmil Qiyaamah is a just leader {Imaamun A’adilun] and the most hated person to Allah and the furthest from Him on Yawmil Qiyaamah is the tyrant leader [Imaamun Jaa’irun]” (TIRMIDHI) Abu Hurayrah reports Nabi (saw) “Seven will be shaded on the Day when there will be no shade except His Shade - Imaamun Aa’dilan [just leader]…” (MAALIK, BUKHAARI, MUSLIM) Abu Dharr narrated ‘I said to the Prophet (peace be upon him): ‘Messenger of Allah, will you not appoint me to a public office?’ He stroked my shoulder with his hand and said: “AbuDharr, thou art weak and authority is a trust, and on the Day of Judgment it is a cause of humiliation and repentance except for one who fulfils its obligations and (properly) discharges the duties attendant thereon.”’ (MUSLIM Kitaabul Imaarah [no.4491]) Thawbaan reports that Rasool Allah (saw) said “The earth was contracted for me until I saw its East and its West and I was given two treasures al Asfar (or al Ahmar) and al Abayd (i.e. gold and silver) and I was told your dominion (Mulk) is to extend to that which the earth was contracted for you’ And I begged Allah a’zza wa jall three times not to make hunger dominate over my ummah and not to destroy them altogether by it, not to bring about schism (shee’an) among them and cause them to taste the fighting of one another’ It was said to me ‘When I pass judgement it is irresistible and irrevocable and verily I will not dominate a famine over your ummah that should destroy them and I will not muster (their enemies) from all directions of the earth against them till some of you will fight with others and some of them will kill one another. And when the swords will be drawn out in my people they will never be removed from them until Yawmil Qiyaamah and that which I fear most upon my ummah are the misguiding Imaams (aa’immatan mudilleen) and certain tribes of my ummah will join with the mushrikeen (and follow them) and near the Last Hour about thirty about thirty liars and dajjals will appear everyone of them claiming to be a prophet and there will not cease to be a taai’fah from my ummah upon the truth, supported (mansooreen). They will not be harmed by those who oppose (khaalafahum) them until there comes the command of Allah a’zza wa jall.” Abu’l Hasan said ‘When Abu A’bdullah completed this hadeeth he said ‘How horrible is this’ (IBN MAAJAH kitaabul Fitan [no.3952]) This hadeeth supports the attribute of justice as it says “…and that which I fear most upon my ummah are the misguiding Imaams (aa’immatan mudilleen)…” We see by way of mafhoom mukhalafah [impliction of opposite meaning] that the just Imaam is promised a great reward of paradise whereas the Imaam who is oppressive is not guaranteed such a matter but rather the ahdeeth mention that he is accountable for that and will be punished. However, when we come to the issue of the conditions at the time of appointment, then this is not the same as the shari’ah treatment of the Imaam who has already been in place. The role of Imaamah is to guard the deen and govern the affairs of the Muslims according to Islam and thus if a corrupt [faasiq] person was appointed then this would contradict the very objectives of Imaamah as the objective is an Islamic leadership and not simply any leadership. Another matter is that considering the great punishment associated with oppressive leadership then it is not allowed to overburden a fellow Muslim who is not capable of justice as this would be like sending him to his own punishment and destruction and thus we see that even Nabi (saw) prohibited Imaarah even for those sahaabah who were not corrupt but regarded as unsuitable for the task of leadership e.g. Abu Dhar reports Nabi (saw) “Abu Dhar I find that you are weak and I like for you what I like for myself. Do not rule over two people and do not manage the property of an orphan.” (MUSLIM kitaabul Imaarah [no.4492]) 6 Male Allah (swt) says, “The men have authority over the women due to the excellence which Allah has given to the man over the women and due to the wealth that they spend upon them.” (an Nisa 4:34) “Men have a degree over women” (al Baqarah 2:228) and due to the Husbands authority over the wife “If I were to order anyone to prostrate to other than Allah, I would have ordered the woman to prostrate before her husband. By Him in whose hand is the soul of Muhammad, the woman will not fulfil the rights of her Lord until she fulfils the rights of her husband, and even if he were to request her for herself (i.e. intercourse) whilst she was sitting upon a camel’s saddle she should not refuse him.” (IBN MAAJAH [no.1853] IBN HIBBAAN [6/186] AHMAD [4/381] from A’bdullah ibn Awfaa) “Every soul from the children of Adam is a master, so the man is the master of his family and the woman is the mistress of her household” (IBN AS SUNNI) Abu Bakra reported that Nabi (saw) said “A people will never be successful who appoint a woman as their amir (ruler)” (BUKHAARI Eng/Arabic [vol.9 no.219] as in Bulooghul Maraam of IBN HAJR [no.1197]) 7 Able The ability of the Imaam is with regards to his ability to view the situation of the ummah and the ability of the Imaam to command the ummah. This proven by the fact that the Imaam was always described as one commanding [amr] and one who is listened to and obeyed, and by necessity this means the fundamental element of Imaamah is the issuing of commands by the Imaam and the receiving of those commands by the ummah. This is not the physical ability to force people according to the presence of darul Islam but rather it refers to the Imaams individual position. This is because the whole nature of Imaamah is that it is based upon listening and obeying to the commands of the Imaam who makes the decision for the ummah. For him to make the decisions he must be able to know the situation or receive the information from some method by which the information is not distorted. This requires sound senses (seeing, hearing etc) however u’lemaa’ differed on what constitutes this disability due to the ability of a blind man to hear and speak and be aided and also due to the deaf mans ability to see and speak and write etc. However if all of these senses were absent or hindered to the extent that information could not be received and understood then the u’lemaa agreed that this would invalidate the Imaamah. Also the Imaam must be able to issue commands, this also requires sound senses such as speech, however some u’lemaa’ may have made a concession due to the ability to write, however most would agree that this is not adequate due to emergency and the possibility of lack of writing resources et cetera in different situations. “No blame is there on the blind nor is there blame on the lame nor on one ill (if he joins not the war): but he that obeys Allah and His Apostle (Allah) will admit him to Gardens beneath which rivers flow; and he who turns back (Allah) will punish him with a grievous Penalty.” (al Fath 48:17) From this ayah we see that the lame and the blind were not obligated with jihaad and this indicates the invalidity of Imaamah for the one possessing similar attributes due to the fact that the Imaam is the one responsible for all collective affairs of the ummah and the Imaam is the ameer of the jihaad, whether defensive or offensive. Another prevention on ability that is specific to the individual is that of capture by the enemy and if the Imaam could not be rescued then the Imaamah would become invalid due to him being unable to view the situation of the ummah and being unable to command the ummah. We see that in both of these two preventions to ability, there is benefit in nullifying the Imaamah because the Imaam can not command the Ummah so this is solved by appointing a new Imaam. As for what some of the later people have confused with this then they erred in making the ability of the individual synonymous with the ability of the whole ummah due to the common situation of absence of darul Islam. In the case of the absence of darul Islam and power, then this has nothing to do with the individual Imaam but rather it is the common situation which all people are subject to. If the Imaam in this position was removed it would achieve nothing. The objective of the conditions is that if someone fails to meet them then they are to be removed and replaced with the person that does fulfil the conditions. The removal of the Imaam in the case of absence of power, when this is due to the situation and not due to his own personal inability (such as capture or lack of senses), is not the solution to the problem. It would not bring about the implementation of the deen nor would it bring about the objectives and functions of Imaamah but it would only hinder these objectives. The correct solution would be to continue with Imaamah and to maintain the unity and the organisation of the ummah and this would provide a basis for recovery. The ummah could then work fully and co-operate under the command of the Imaam to bring about the necessary power through seeking nussrah or building their own nussrah or by other means that are halaal. This clarifies the error of those who have confused ability due to the situation with the ability of the individual due to matters that are specific to him and not existing in others. It is very clear that imposing disunity and leaderlessness on the Muslim ummah in the stage of weakness does not help them bring about strength but it would be a major obstacle, and it would only add to their problems and Allah does not command the Muslims to weaken their situation but Allah commands the Muslims to be strong and to facilitate the means for the ummah to be dominant “…He has chosen you and has not laid upon you in the deen any hardship…” (al Hajj 22:78) How can any person of the slightest insight and intellect believe that Allah commanded us to be unified while at the same time commanding us to achieve this on the basis of disunity? Allah does not command the impossible and Allah does not put upon us a burden greater than we can bear, Allah (swt) says “Allah burdens not a soul beyond his capability…” (al Baqarah 2:286) Allah (swt) never commands the Muslims with a matter whose fulfilment has been made impossible by its own method of implementation. Rather, for every command Allah provided a method and that method was in harmony with the command, and Allah (swt) says “Allah has sent down the most beautiful speech in the form of a Book consistent with itself…” (az Zumar 39:23) 8 Qurayshi The condition of the Imaam being Quraysh is not based on one hadeeth but it is based on several ahadeeth:- No.1 Abu Hurayrah reported that Nabi (saw) said “People are subservient to Quraysh, the Muslims among them being subservient to the Muslims among them and the disbelievers being subservient to the disbelievers among them.” (MUSLIM kitaabul Imaarah [no.4473]) No.2 Jabir bin A’bdullah reported that Nabi (saw) said “People are followers of Quraysh in good (Islam) as well as evil (kufr)” (MUSLIM kitaabul Imaarah [no.4475]) No.3 A’bdullah reported that nabi (saw) said “This affair will remain among the Quraysh even if there are only two people left.” (MUSLIM kitaabul Imaarah [no.4476]) No.4 Ibn U’mar reported that Nabi (saw) said “This affair will remain in Quraysh even if there are only two of them remaining.” (BUKHAARI Eng/Arabic vol.9 no.254]) No.5 Muaawiyah reports Nabi (saw) “This affair will remain in Quraysh. None will rebel against them except that Allah will throw him down on his face, as long as they establish the deen.” (BUKHAARI [Eng. Vers. Vol 9. 190, 253]) No.6 Anaas bin Maalik reported that Nabi (saw) said “The Imaams are from Quraysh…” (AHMAD [3/129] NASAA’I) No.7 Abu Hurayrah reported that Nabi (saw) said, "The tribe of Quraish has precedence over the people in this connection (i.e the right of ruling). The Muslims follow the Muslims amongst them, and the infidels follow the infidels amongst them. People are of different natures: The best amongst them in the pre-Islamic period are the best in Islam provided they comprehend the religious knowledge. You will find that the best amongst the people in this respect (i.e. of ruling) is he who hates it (i.e. the idea of ruling) most, till he is given the baya’h." (BUKHAARI [eng/Arabic vol.4 no.700]) No.8 Sulaim bin Mutayr reported on the authority of his father that Mutayr went out to perform hajj. When he reached as Suwaydah a man suddenly came searching for medicine and ammonium anthorhizum extract and he said ‘A man who heard rasool Allah addressing the people and commanding them and forbidding them, told me that he said “O people accept presents so long as they remain present but when the Quraysh quarrel about the rule and the presents are given for the deen of one of you then leave them.” (ABU DAWOOD kitaabul Kharaaj [no.2952] and similar with the wording “When the Quraysh quarrel about the rule among themselves and the presents become bribery then leave them…” [no.2953]) No.9 Jaabir bin Samurah said Nabi (saw) said “This deen would not cease to be powerful [a’zeezan] and [maneea’n] dominant until there has been twelve as khaleefah” Then he said something I could not hear due to the people, I asked my father ‘What did he say’ He said “Everyone from Quraysh” (MUSLIM kitaabul Imaarah [no.4482]) No.10 Jaabir bin Samurah reported that Nabi (saw) said “The affairs of the people will not cease to be conducted as long as they are governed [waliyhum] by twelve men.” Then nabi (saw) said something which was unclear to me. I asked my father, ‘What did rasool Allah (saw) say?’ He said “Everyone of them will be from Quraysh” (MUSLIM kitaabul Imaarah [no.4478-4479]) So this hadeeth connected the successful implementation of the deen to the Imaamah of the Quraysh. No.11 Jaabir bin Samurah reported that Nabi (saw) said “There will not cease to be a powerful [a’zeezan] Islam until there have been twelve have been khaleefah” Then Nabi (saw) said something which I did not understand. I asked my father and he said “Everyone of them from Quraysh” (MUSLIM kitaabul Imaarah [no.4480]) No.12 “This matter will not cease to be powerful [a’zeezan] until there have been twelve as khaleefah” Then he said something I did not understand. I asked my father ‘What did he say?’ He said “Everyone of them from Quraysh” (MUSLIM kitaabul Imaarah [no.4481]) No.13 “The deen will not cease to be established until the Hour has been established or until there has been upon you twelve as khaleefah, everyone of them from Quraysh” and I heard him say “A small group of Muslims will conquer the white house [baytul abyad] the house of Kisraa of the descendents of Kisraa” and I heard him say “Before the Day of Judgement there will appear liars, so guard against them.” (MUSLIM kitaabul Imaarah [no.4483] No.14 Jaabir bin Samurah said, ‘I heard Nabi (saw) saying “There will be twelve as ameer” Then he said some words I did not hear. My father said “Everyone of them from Quraysh” (BUKHAARI kitaabul Ahkaam [vol.9 no.329]) The view that Qurayshi lineage can be seen from the fact that the jumhoor [majority] of the classical u’lemaa’ and muhadditheen regarded Qurayshi lineage as a binding condition of Imaamah, as for the shi’a then they all agreed that the Imaam should not only be Qurayshi but also Ahlul Bayt [descendents of the Prophet, through either Hasan or Husayn ibn A’li ibn Abi Talib] we have mentioned only a few of them:- Imaam Ibn Hazm [ZAAHIRI d.456 hijri ]in ‘al Muhalla’ Imaam an Nawawi [SHAFI’I d.676 hijri]in ‘Minhaajut Talibeen’ Qadi Abu Bakr ibn al A’rabi [MAALIKI d.543 hijri]in ‘Al A’waasim min al Qawaasim’ Imaam Barbahaari [HANBALI d.329 hijri] in ‘Sharhus Sunnah’ Imaam Mawardi [SHAFI’I d.450 hijri] in ‘al Ahkaamus Sultaniyyah wal Wilayatud Deeniyyah’ Imaam Ibn Hajr al Haytami [SHAFI’I d.974 hijri] in ‘Tuhfa al Muhtaj bi sharhul Minhaaj’ Imaam Ghazali [SHAFI’I d.505 hijri] in ‘Ihyaa U’loomid Deen’ Imaam Ibn Juzayy [MAALIKI d.741 hijri] in ‘Qawaninul Fiqhiyyah’ Haafiz Ibn Katheer [SHAFI’I d. hijri] in ‘Tafseerul Qura’n al A’zeem’