بسم الله الرحمن الرحيم
A great East African Sheykh based in kenya who supports the global jihad and the Mujahideen Sheykh Hasaan Hussein Adam (Abu Salmaan As-Somalee) recently (15th March 2015) proved the legitimacy of The Khilafah under the leadership of the Khalifah Abubakar Al Baghdadi and nullified all other jihadi groups.He said this in the series of the ongoing classes he was conducting of the book sunnan An-Nasai.The Sheykh is a well known ideologue for the Harakatu Shababul Mujahideen Movement(Al Qaidah in Somalia) better known as Al Shabaab.He has authored several books on matters partaining to iman and kufr and jihad.The Shaykh has been jailed several times by the Kenyan government for his preaching but that has not mellowed him by the grace of Allah.we ask Allah to protect him.
The summary of the lecture in points form:
The ulamaa say that bayah means making a contract on Islam(e.g. that we sign a contract with each other that we shall die upon Islam and tawheed),And imarah(Emirate),or any other thing that is agreed upon(by both parties).Bayah is something that two parties agree upon and strike a deal upon it.
Ibn Al Athir says; “…And what is meant in the hadeeth,making an agreement on being Muslims and giving oaths by it” (jamiul usuul 1/252)
Ibn Khalduun says; “Know that bayah is a pledge of obedience”
Ibn Hajar says; “Bayah means an agreement/contract.It was called as such when people stroke business deals to buy/sell goods/services” (Fathul Bari 1/82) So I give u money in exchange for your goods and we agree upon the price. so I put my hand in yours and we transact.Ibn Hajar says something similar with more details in Fathul bari 13/71.
Al Imam Ibn Rajab al Hambali says; “In the final analysis, Bayah and mubaay’ah comes from the act of stretching arms,because when two people transact a business deal,they stretch arms to each other and promise to abide by the stipulations of the deal, the same goes for the one who gives bayah to the Leader and his likes, for he also stretches his arm to him and gives him bayah upon the stipulations they have agreed upon” (Fathul bari 1/85)
In Conclusion, Bayah means a contract/agreement.So in any agreement we look at its stipulations/specifications that have been mentioned in it.So today if we strike a deal to drink alcohol,that will be an invalid bayah(contract).But if someone strikes a bayah with his wife that she should wear hijab and that for him will in turn pray the salahs regularly,that will be a valid bayah. so by origin striking a contract(bayah) is valid and has no problem.So if the origin of bayah is that it is allowed in Islam and the stipulations in the contract are not haraam then there is no problem in getting into a bayah.
Trans Note: Here the sheikh is refuting the Salafia jadida who say that there can be no bayah except to a khalifah in other words according to their despicable theory, all the other bayahs that the mujahideen had before the khilafah were invalid because they say how can you give bayah to someone who is not a khalifah?.
Imarah(Emirrate) by definition according the ulamaa of lugha,hadith,fiqh,and all the ulamaa means wilaayah(i..e. taking responsibilty) and if you need more explanation on this, read the explanation of the hadith of ‘Abdulrahman bin Samurah.So Imarah means a responsibily that you are given.so it is divided into 2:
1. Imarah Khasah(specific Emmirate)
2. Imarah ‘Ammah(General Imarah)
So Immarah khasah(specific Emmirate) is that we give a responsibility to a muslim(who is not the leader of all the Muslims in the world) that will take care of a specific responsibility.e.g. that leader is responsible for managing and taking care of robbery and promiscuity in that society. So imarah is when a muslim society choses a muslim leader to govern them and assigns him any responsibility.And this type of imarah is also called imarah sughraa(minor imarah).
Imarah ‘ammah(the general imarah) is the imarah where all Muslims come under the leadership of one Muslim leader.it is also known as Imarah ‘udhma(the great imarah).You can call it sultan or imamah or khilafah.
So any Imarah that is not the Khilafah is known as imaratun sughra.
So how do we know whether an imarah is limitted(imarah sughra) or its general(immarah udhmah/Khilafah)? We get this from the stipulations of the bayah(and this applies to any contract signed). We go back to the exact roles you were chosen for.So for example someone that was chosen by his clan to govern their affairs cannot extend his power to another clan that has not chosen him similarly someone that was chosen by the muslims of a specific province/governorate cannot extend his powers to muslims in other areas.Also if we stroke a deal that you sell to me 10 camels and I give the money for10 camels,and you mistakenly give me 20 camels instead, I should return to you the extra 10 camels as they were not part of the deal.To give a further example, lets assume we are in a journey and we are 3 of us,and we chose one of us as our leader for the journey.so when our journey ends, can he still claim to be our leader? Ofcourse NO! because the contract was that he should be our amir for the journey alone not everytime. Sheykhul Islam Ibn Taymiyah(rh) has explain it as such.Go back to his books; Asiyaasahsha‘iyah and Al Hisbah.Also go back to the book by Imam Ibn Al-Qayyim Al-Jawziyah “At-Turuqul Hukmiyyah fii siyasah shar’iyah” 2/626 for further research on this and also the excellent book by Imam Al-Qaraafi “Ad-Dakhiirah fii furuu’il maalikiyah” 8/50 .
So the difference between the Imarah khasah and the imarah ‘aamah is that; in imarah khasah the obedience is limited while in imarah ‘ammah the obedience is unlimited.Another difference is that,in imarah khasah,you(as the leader) will be obeyed by those who entered the agreement while in imarah ‘ammah, it is a must on all the muslims to obey the leader(khalifah).The other difference between the two is that, in Imarah khasah, the condition for choosing the leader (besides the general ones) is that he should have the capability of fulfilling the responsibility he has been given while in Imarah ‘Ammah there are more conditions that should be fulfilled among them is that the leader should be from Qureish.The other difference between the two is that we can have several Imarah khasah at a go but we cant have more than one Imarah ‘Ammah at a time, This is clearly seen when Raulullah(pbuh) sent two leaders at a go to Yemen, i.e. Muadh Bin Jabal and Abu Musa Al ‘Ash‘ari .
Now let us talk about the grave mistake that some of the jihadi groups have fallen into:
They said that the leader of the imarah khasah can automatically transform to be the Khalifah.
So when the Ottoman caliphate was destroyed, we saw the formations of several jama’ats among them being the tabligh jama’ah which was the first of them all that was formed in East Asia, followed by Ansar sunnah Muhammadiyah that was formed in 1926,then came the Muslim brotherhood(Ikhwan Al Muslimeen) that was formed in 1928 in Egypt,then came Al-Itihadil Islami that was formed in 1983 in Somalia,Then came The Taliban that was formed in 1994 in Afghanistan under the leadership of Mullah Muhammad ‘Umar who is still leading the group.
Some sheikhs have calimed that Taliban’s leader i.e. Mullah Muhammad ‘Umar has since then transformed to be a Khalifah of all the Muslims in the world!! THIS IS FALSE.
We have explained earlier the criteria of knowing whether a leader/jama’ah is specific or general i.e. is the learder limited to his jama’ah or is he the Khalifah of all the Muslims. So we know that Mullah ‘Umar was a leader of his group The Taliban only and not all the Muslims.This is in the stipulations of him being chosen as the amir of the jama‘ah and he clarified it himself in the Eid Khutbah when he said that his jam‘ah and leadership is only in Afghanistan.Furthermore, he is not a qureishi and there is no way there would be no qureyshi in the whole of Afghanistan that would be fit to be a khalifah instead of him.There are several muhajireen who have qureyshi lineage in Afghanistan, infact there are Afghanis who have qureyshi descent.This was never in the picture, people never used to discuss the issue of the conditions of the khalifah, this shows you that this issue of Mullah being the Khalifah just came out of nowhere.
So when he Mullah was chosen, he was never chosen to lead all the Muslims in he world,He himself clarified that he is not a leader of all the Muslims, The conditions of chosing the suitable Khalifah(i.e. that he should be a Qureyshi) were not searched for, for this, the jihadists(reffering to those who said Mullah is the khalifah) have erred.
These sheikhs say that Mullah Umar is the khalifah because they oppose the Khilafah that was declared by Abubakar Al Baghdadi.Let us be sincere and examine the religious matters as they ought to be examined and let us put aside this baseless partisanship that has no religious grounds.I Hassan, personally don’t know on what shariah grounds would one oppose the bayah and the khilafah of The Iraqi Qureyshi sheikh(reffering to the Khalifah) AND ALL THE IMARAHS THAT OPPOSE HIM ARE NULL AND VOID ACCORDING TO THE SHARI‘AH.This is if we be true with eachother.I don’t know of a single condition that he hasn’t fulfilled so as he becomes the khalifah.Ofcourse there are conditions which I personally don’t know about (Trans.Note: the sheikh here refers to things like; whether he is intelligent,whether he is just etc) but the ulamaa that are with him have confirmed that he has fulfilled even those conditions.
So the sheikhs who oppose the Khilafah today, we want you to answer the hadith of Hudheyfa bin Yaman.
“Then if on that day, Allah decrees that there is a khalifah,then be in his camp always,and if there is none, then die bitting on the roots of a tree(i.e. dont give up to the fitnah that’s pulling you)”
When Rasul(pbuh) spoke about the fitnah that will come in the end of times, he mentioned the hadeeth.