Summary of the Book of Systems -2
The Caliph deputizes for the nation in ruling, authority, and implementing the rulings of Sharia. Authority belongs to the nation, and it delegates someone to carry it out on its behalf. The Caliph is not a Caliph unless the nation pledges allegiance to him, and then obedience becomes obligatory. The one who takes charge of the affairs of Muslims is not a Caliph unless the people of power and influence pledge a legitimate allegiance of contract to him with consent and choice, fulfilling the conditions of contract, and then proceeds to implement the rulings of Sharia. As for the title given to him, it is the title of Caliph, Imam, or Commander of the Faithful, which is mentioned in authentic hadiths and the consensus of the Companions, as the Rightly Guided Caliphs were titled.
The Caliph must meet seven conditions, which are conditions of contract. If a condition is missing, the Caliphate is not contracted for him. These conditions are that he must be Muslim, male, adult, sane, free, just, and capable of competence, as the incapable cannot manage the affairs of the people according to the Book and the Sunnah by which he was given allegiance. The Court of Grievances is the one that determines the types of incapacity that must not be present in the Caliph so that he is capable of competence.
Any condition other than these seven conditions is not valid as a condition of contract, although it can be a condition of preference if the texts are authentic in it; because the condition of contract must have evidence for its requirement that includes a firm demand, otherwise it is a condition of preference. No condition has been mentioned with evidence that includes a firm demand except for these seven conditions.
The method of appointing the Caliph is through allegiance, so the Caliph is appointed by the allegiance of the Muslims to him to act according to the Book of God and the Sunnah of His Messenger. By Muslims, it is meant the Muslim subjects of the previous Caliph if the Caliphate is established, or the Muslims of the region where the Caliphate is established if the Caliphate is not established.
As for the procedures for appointing and pledging allegiance to the Caliph, they can take different forms as happened with the Rightly Guided Caliphs.
If the Caliph feels that his death is near, he may appoint a temporary emir to take charge of the affairs of the Muslims during the period of appointing the new Caliph. His primary task is to complete the appointment of the new Caliph within three days. The temporary emir is not allowed to adopt rulings; because this is among the powers of the Caliph, and he is not allowed to be nominated for the Caliphate. The mandate of the temporary emir ends with the appointment of the new Caliph. The Caliph may, during his lifetime, adopt an article specifying who should be the temporary emir if he dies without appointing one. We adopt that the temporary emir - if the Caliph does not appoint him in his death illness - should be the oldest of the delegated assistants, unless he nominates himself, then it should be the next oldest, and so on... Then comes the ministers of implementation in the previous manner. If they all want to nominate themselves, the youngest minister of implementation is obligated. This also applies to the removal of the Caliph, as well as in the event of the Caliph being captured, with some details related to his powers if he is expected to be rescued and when he is not expected to be rescued. This emir is different from the one whom the Caliph deputizes in his place when he goes out for jihad, as he then has the powers that the Caliph specifies for him in taking care of the affairs required by that deputation.
From following up on how the Rightly Guided Caliphs were appointed, we find that there was a restriction of candidates. From following up on how Uthman, may God be pleased with him, was appointed in particular, we find that work must be done on the subject of nomination day and night throughout the days of the deadline, which is three days and nights. It is necessary to restrict the candidates in terms of whether the conditions of contract are met or not, and this is the task of the Court of Grievances. It is also necessary to restrict the candidates twice, the first time to six, and the second time to two. The one who performs this task is the National Assembly, as it represents the nation.
This is if the Caliph dies or is removed. But if there is no Caliph at all as is the case now, then every region is qualified to pledge allegiance to a Caliph and the Caliphate is contracted with him. The rest of the Muslims in the rest of the regions must pledge allegiance of obedience to him, provided that the authority of the region is only in the hands of the Muslims, and its security and protection from within and outside is in the hands of the Muslims only and with purely Islamic force, and that Islam is applied in a revolutionary manner, and that the Caliph is engaged in the Islamic call, and meets the conditions of contract. With the fulfillment of these conditions, the Caliphate exists with the allegiance of that region alone, and the Caliph to whom they pledge allegiance becomes the legitimate Caliph. If allegiance is pledged to another Caliph in another region, then his allegiance is invalid and not valid.
Allegiance can be by writing, shaking hands, or any means, but it is required that it be from an adult. As for its wording, nothing is required except that it includes the Caliph's adherence to the Book of God and the Sunnah of His Prophet, and hearing and obeying in ease and hardship for the one pledging allegiance. It (i.e., allegiance) is a right of the Muslim, and whenever the Muslim gives it, he is bound by it, and he is not allowed to retract it. But if he pledges allegiance to a Caliph initially and then the allegiance is not contracted for him, then he is allowed to absolve himself of it.
