Khalifat vs Imamate

Khalifat al Insaaniyya

Allah SWT says in the Qur’an: 

2:30. Behold, thy Lord said to the angels: "I will create
A vicegerent on earth." They said:
"Wilt Thou place therein one who will make
Mischief therein and shed blood?—
Whilst we do celebrate Thy praises
And glorify Thy holy (name)?"
He said: "I know what ye know not."

31. And He taught Adam the nature
Of all things; then He placed them
Before the angels, and said: "Tell Me
The nature of these if ye are right."

32. They said: "Glory to Thee: of knowledge
We have none, save what Thou
Hast taught us: in truth it is Thou
Who art perfect in knowledge and wisdom."

33. He said: "O Adam! tell them
Their natures." When he had told them,
God said: "Did I not tell you
That I know the secrets of heaven
And earth, and I know what ye reveal
And what ye conceal?"

34. And behold, We said to the angels:
"Bow down to Adam: "and they bowed down:
Not so Iblīs: he refused and was haughty:
He was of those who reject Faith.

35. We said: "O Adam! dwell thou
And thy wife in the Garden;
And eat of the bountiful things therein
As (where and when) ye will; but approach not this tree,
Or ye run into harm and transgression."

36. Then did Satan make them slip
From the (Garden), and get them out
Of the state (of felicity) in which
They had been. We said:
"Get ye down, all (ye people),
With enmity between yourselves.
On earth will be your dwelling-place
And your means of livelihood—
For a time."

Thus began our relationship with this earth.  Our Earth was created by Allah SWT and he has the ultimate dominion and control over this world. It is His.  In Western belief, the earth belongs to mankind.  We can do with it what we want, but in Islam, Allah makes it clear it is HIS! 

2:255. God! There is no god But He,—the Living,
The Self-subsisting, Eternal.  No slumber can seize Him
Nor sleep. His are all things In the heavens and on earth.
Who is there can intercede In His presence except
As He permitteth? He knoweth What (appeareth to His creatures
As) Before or After Or Behind them.
Nor shall they compass Aught of His knowledge
Except as He willeth. His Throne doth extend
Over the heavens And the earth, and He feeleth
No fatigue in guarding, And preserving them
For He is the Most High, The Supreme (in glory).

Allah (SWT) also says:

2:168. O ye people!
Eat of what is on earth,
Lawful and good;
And do not follow
The footsteps of the Evil One,
For he is to you
An avowed enemy.

Therefore, Allah makes it clear from this ayat, that while we are permitted to take our sustainance from the earth, but we must also observe limits.  We do not have a blank check, we do not have carte blanche.

41:9. Say: Is it that ye Deny Him Who created
The earth in two Days? And do ye join equals
With Him? He is The Lord of (all) The Worlds.

10. He set on the (earth), Mountains standing firm,
High above it, And bestowed blessings on
The earth, and measured therein All things to give them
Nourishment in due proportion, In four Days, in accordance
With (the needs of) Those who seek (sustenance).

11. Moreover He comprehended In His design the sky,
And it had been (as) smoke: He said to it
And to the earth: "Come ye together, Willingly or unwillingly."
They said: "We do come (Together), in willing obedience."

12. So he completed them As seven firmaments
In two Days, and He Assigned to each heaven
Its duty and command. And We adorned The lower heaven
With lights, and (provided it) With guard. Such Is the Decree of (Him)
The Exalted in Might, Full of knowledge.

The creation of this beautiful earth, so filled with bounties, is a thing of amazement.  How we take it for granted!  The fact that it is mostly water, and because of that we have this beautiful blue sky.  And we have mountains, and minerals and valleys and farms.  It is all a thing of amazement.  Subhanah Allah!.

21:30. Do not the Unbelievers see That the heavens and the earth
Were joined together (as one Unit of Creation), before We clove them asunder?
We made from water Every living thing. Will they Not then believe?

31. And We have set on the earth Mountains standing firm,
Lest it should shake with them, And We have made therein
Broad highways (between mountains)
For them to pass through: That they may receive guidance

And lest we forget, we are ourselves created from this very Earth. 

30:20. Among His Signs is this, That He created you
From dust; and then,— Behold, ye are men
Scattered (far and wide)!

With these verses of the Qur’an, Allah informs humanity that He (Allah SWT) is the vested owner of all that is in the heavens and the earth, and all in between and any right or interest a human has in property is contingent upon that ultimate divine ownership. 

The concept of dual ownership [human being-God] is one of the special

features of the Islamic doctrine of economics.  Islam protects and endorses

the personal right to own what one may freely gain, though legitimate

means … . It is a sacred right.  Yet human ownership is tempered by the

understanding that everything, in the last analysis, belongs to God… .

What appears to be ownership is in fact a matter of trusteeship, whereby we

have temporary authority to handle and benefit from property.  [1]

The Islamic concept of property ownership in Islam is therefore quite different from that of English or American Common Law.  Under American law, there are two forms of ownership of land, private ownership and state ownership, and a private owner’s use and enjoyment of the land is only tempered by compelling state interests in the protection of the health and safety of other members of society.  However, in Islam, we find five basic forms; commonage held by all humanity and administered by the state (afraq), state owned property (hima or miri), charitable trust property (waqf), communally or jointly owned property (shuyuu) and individual private ownership (mulk). 

All of these forms of ownership are tempered by both the rights of others and the rights or huquq of Allah – the ultimate owner.

The point is that mankind may have rights to this earth and all that is upon it, but those rights are not unlimited.  We have to consider the rights of others and the rights of Allah.

These rights, Huquq al-Allah and Huquq an-Insaan, have a direct bearing on the nature of the office given to Man by Allah, the Khalifah fi al Ard.

Khalifah fi al Ard

As we have noted previously, the term khalifah implies successorship, coming after another.  We are the successors to the Malaaikah upon the Earth.  So what was the role of the Malaaikah?  Did they just abide here, or did they have some form of responsibility here or duties they carried out upon the Earth? 

We have noted before that this ayat does not seem to directly imply Amirate or rule.  Allah SWT is the ruler of the Heavens and the Earth and all in between. The Malaaikah were not rulers on Earth either.  Instead, they acted as agents of Allah SWT, doing His bidding, and serving Him.  They were responsible for carrying out His commands. 

97:4. Therein descend The Malaaikah and the Ruh By God's permission,
On every command (min kulli amrin)

The Malaaikah are not Amirs, instead they carry out “kulli amrin.” 

As their successors, humanity also has a responsibility towards the Earth.  We will collectively be held accountable for our treatment of her. 

We are collectively charged as trustees with the care of the earth, the property of Allah.  And we will be held to account for how we treated that trust property.

  39:68. The Trumpet will Be sounded, when all
That are in the heavens And on earth will swoon,
Except such as it will Please God (to exempt).
Then will a second one Be sounded, when, behold,
They will be standing And looking on!

69. And the Earth will shine With the glory of its Lord:
The Record (of Deeds) Will be placed (open);
The prophets and the witnesses Will be brought forward;
And a just decision Pronounced between them;
And they will not Be wronged (in the least).

Thus, our Earth will be present on that day when we are all judged and she will testify against us, collectively.

al-Zilzalat

1 When Earth is shaken with her (final) earthquake

2 And Earth yieldeth up her burdens,

3 And man saith: What aileth her ?

4 That day she will relate her chronicles,

5 Because thy Lord inspireth her.

6 That day mankind will issue forth in scattered groups to be shown their deeds.

7 And whoso doeth good an atom's weight will see it then,

8 And whoso doeth ill an atom's weight will see it then.

 39:70. And to every soul will be
Paid in full (the fruit)
Of its deeds; and (God)
Knoweth best all that
They do.

We are, in fact, trustees of the earth and we have a responsibility to maintain the property on behalf of the trustor – the One who made us the trustees, Allah (SWT). 

Under Western law, a trustee that does not properly maintain a property can be charged with waste and be held liable for any loss of value of the property.  The same applies under Shariah law to trustees who are charged with maintaining the property of orphans, for example.

2:220. (Their bearings) on This life and the Hereafter.
They ask thee Concerning orphans.
Say: "The best thing to do Is what is for their good;
If ye mix Their affairs with yours,
They are your brethren; But God knows
The man who means mischief From the man who means good.
And if God had wished, He could have put you
Into difficulties: He is indeed Exalted in Power, Wise.

So in understanding the nature of Human Khalifate, we understand that it was bestowed upon us by Allah.  However, while term khalifah might imply succession, it does not imply succession of Allah’s dominion.  Allah SWT has Qadaa wa Qadar – Dominion and Control.  We are instead, successors to the Malaaikah as the ones responsible for acting as agents of Allah, His servants, and as trustees of Allah’s property, the Earth.

7:128. Said Moses to his people:
"Pray for help from God, And (wait) in patience and
constancy: For the earth is God's, To give as a heritage
To such of His servants As He pleaseth; and the end
Is (best) for the righteous.

Khalifat vs Waliyyu l’Amr

In his discussion of the difference between the Islamic economic system and the Capitalist and Communists systems, Sayed Muhammad Baqir al Sadr also notes that khalifat is collective. (Iqtisaduna Vol. II, English Trans. P. 54).  It belongs to all Mankind, and is not the province of an individual.  However, his translators at least, seem to equate the term with Waliyyu l’Amr, a term we shall endeavor to define shortly, Inshaa llah. 

As humans, we are individuals, but we are also social.  We require society to survive.  This is born out by science.  Feral children, raised in isolation, if not socialized at the appropriate age, will die.  Moreover, solitary confinement in prisons has been shown to lead to insanity.  The resulting depression and insanity can lead to death.  Anthropologists have a saying, “A lone ape is a dead ape.”  We are by necessity, social.

So what is the essence of being human?  When we think of the tasawwur of al-Insaan, what comes to mind?  What is our natural state, our essence?  Are we individuals who happen to form social groups or are we by our very essence, social?  Clearly Islam assumes we are individuals, capable of individual action and responsibility.  Over and over, Allah SWT tells us in the Qur’an we are each, as individuals, responsible for our own souls.  And no one can bear the burden of another.  Moreover, many acts are individually obligatory, the Fard al Ain.  Prayers, fasting, Hajj, etc may have communal components, but each person is obliged to perform these acts of Ibadaah.

Islam also recognizes our social collective nature.  We worship in jama’a.  We do all of our acts of Ibadah communally, including Hajj.  Each act of worship in Islam has individual and collective components that speak to the full human being.  Moreover, we have certain duties that are Fard al Kifayyah – collective responsibilities.  Islam does not make each person responsible for these acts, only the whole community, but if no one is performing them, then the responsibility becomes individual.  An example is knowledge of inheritance law.  Not everyone needs to know it, but if it were in danger of being lost, everyone would be responsible for it, until such a time as someone came forward and assumed that responsibility.

So is khalifat related to our natural individual aspect or our social aspect?  Are we each individually Khalifah?  Is khalifat Islamically a Fard al Ain?  If so, what would that responsibility be?

If khalifat meant rule or authority over the Earth, then we would be the successor to the one who originally ruled and had authority – Allah SWT.  Istaghfirullah.  This is patently false.

7:128. Said Moses to his people:
"Pray for help from God, And (wait) in patience and
constancy: For the earth is God's, To give as a heritage
To such of His servants As He pleaseth; and the end
Is (best) for the righteous.

Moreover, if khalifat was about waliyyu l’amr or rule, there would be a shariah or law which we, as rulers, would enforce.   However, the laws governing the Earth, the natural laws, are only enforceable and actually enforced by Allah SWT.  We do not enforce gravity, physics, chemistry, geology etc.  We may discover these laws, but we are in no way in authority to enforce them.

Shariah or Divine Legislation and its human understanding, fiqh, are the only laws enforceable by man.  And these laws only touch human society. 

So khalifat is not rule by humanity over the Earth.  What then, is it?  What were the Malaaikah doing here?  We learned before they were serving Allah SWT unquestioningly.  Allah SWT says, “ I have not created men and jinn except to worship me.”  The Arabic term implies not only worship, but servitude – Uboodiyah.  We were made successors upon this Earth to serve Allah and treat the Earth and its inhabitants as Allah orders us to do so. 

Allah SWT tells us we should not waste; we should not hoard or prevent others from obtaining their needs.  This applies to all living things, not just people.  We all know the hadith about the woman who locked her cat in a closet and refused it food, as well as the one about a prostitute who gave water to a thirsty dog.  No matter what your opinion regarding the authenticity of these reports, no one can deny that we have not only reciprocal human responsibility but also responsibility toward all Creation because we are human and the most honored of all creatures by Allah SWT. 

Our khalifat is collective and it is a collective responsibility to treat all of Creation as Allah would treat it.  To be just to all living things, and even to inanimate creation, is our duty.  That is the true nature of khalifat.  Not rule and command over Creation, but trusteeship and stewardship as servants of Allah SWT.

Waliyyu l’Amr

So, what then is Waliyyu l’amr?  As we noted above, it is tied to our social aspect.  Command can only be through Law, and since natural laws are enforced by Allah SWT, then for humans, the only law that we have the ability to enforce is social law.  In Islam, our social law is sourced in the revelation provided by Allah SWT.  He is the Divine Legislator and Shariah is the Divine Legislation.  Mankind then, is tasked with understanding that law in Fiqh, and enforcing it in Qadaa. 

The Qur’an tells us to obey Allah and His Messenger, and those empowered with Amr from among you.  Those who have been empowered with Waliyyu l’amr are those who have been empowered with understanding, deriving from the sources and enforcing the fiqh.  These included the Ulema’ and the Qadis, the mujtahids of this deen. 

However, we must emphasize that this Waliyyu is not just commanding (amr) but Waliyyu.  What is a Waliyy?  A Waliyy is not just in a position of authority over another.  He is in a position of protection and responsibility for another.  He is a sincere advisor, seeking the best interest of the other.  He is a fiduciary.  Like the director of a corporation, he has a duty to look out for the one over which he has authority.  And his authority is not autocratic. 

The above position best describes the role of our Ulema’ and Qadis.  They are charged with looking out for the best interest of humanity given the guidance of the Qur’an and the Sunnah as to what that best interest is.  For Allah SWT knows best what is best for His Creation. 

Political Authority

However, it would be wrong to assume this Waliyyu l’amr is the same as political authority.  As we said, those carrying out this Wilayat are fiduciaries. Like a director of a corporation, they are responsible for looking out for the interests of the owners.  Who is the owner then? 

In order to understand who the owner is in this case, we must understand the nature of the property owned.  If we were talking about Creation or the Earth, the owner is Allah SWT.  And He already has appointed a trustee over this property – humanity collectively.  So when Allah SWT refers to obeying Allah and His Messenger and those who are given responsibility for carrying out the commands of Allah and His Messenger, He is calling on us to individually obey Allah and His Messenger and what they have commanded, as well as to obey those who are entrusted with carrying out those commands. 

We note first that each individual is charged with this obedience.  It is a Fard al Ain.  It is not a collective duty.  We are each charged with what?  Obeying the Shariah – the Divine Legislation.  The commands of Allah and His Messenger comprise the Shariah.  As we noted, the human understanding of this Shariah is Fiqh.  Those who are Waliyyu l’amr are the humans who apply their understanding and derive Fiqh, the mujtahids and fuqaha. 

So this Waliyyu l’amr is not political authority, but the authority to derive fiqh, and advise the Ummah as to the commands of Allah SWT and His Messenger. 

That is all well and good, but who are these mujtahids and fuqaha?  How to we know they know what they are doing?  Who chooses them to be on the Board of Directors?

Ah, here we find out who the owners are, and of what?  These Waliyyu l’amr are advisors to the society of Muslims, the Ummah.  Although the obligation to obey is individual, the fiduciaries advise all of us individuals, they advise society as a whole. 

This is also borne out by the fact that Shariah has two branches; fiqh al ibadaat and fiqh al mu’amaalat.  Ibadaat regulates our individual relationship with Allah.  Although our ibadaat is often congregational and communal, it is designed to address to whole human being, and humans need social interaction.  But ibadaat is not by its nature social.  It is the mu’amalaat that address human society.  Although mu’amaalat regulates individual action as well, it is designed to create a just society where no one impinges upon the rights of others.  It then, creates a society that is capable of elevating mankind as a whole, not just as an individual. 

So the corporation for which the fiduciary fuquha form the Board of Directors, is human society, or more specifically, the Ummah.  And the shareholders, the owners, are the individual Muslims. 

Wilayat al Ummah

So our corporation is the Ummah of Islam and its shareholders are individual Muslims.  So who chooses the Board of Directors?  As with any corporate entity, it must be the shareholders.  And it is this power of the shareholders to elect their Directors which we refer to as political power. 

Elsewhere we have discussed Wilayat al Ummah and Shura Islamic Democracy.  But briefly, governance in Islam is in the hands of the individual Muslims, who agree through Shura Consensus on who should have authority over them.  It is the Ummah that reaches consensus on the qualifications of its mujtahids and fuqaha.  It does so based on the command to obey Allah SWT and His Messenger SAW.  Thus it bases its decisions on the guidance of the Qur’an and Sunnah. 

We are all Ahl al Sunnah.  The Umayyads and their Mu’tazilah theorists based decision on concept that wahy is subservient to reason and so reason alone can derive fiqh.  They are the Ahl al Rayy – the people of human opinion.  But we today, Hanifiyya, Zaydi, Maliki, Shari’I, Hanbali, Ikhwani, Salafi, Ja’afari; all follow the Qur’an and the Sunnah.  We may have different minaahij for deriving fiqh, but we all recognize the source of Shariah as the wahy contained in the Qur’an and Sunnah, and that wahy is not subservient to reason.  [2]

Despite the differences (iktilaf) we have in fiqh, we are all able to reach consensus on the Sources of Shariah, and that we require minaahij to understand the Shariah.  We have consensus that opinion alone, despite being based in reason, is not a legitimate way to derive fiqh, and so any one who uses this method would not be qualified for our Board of Directors.  We have reached consensus that our mujtahids and fuquha must have knowledge and must have a minhaj for deriving fiqh that is based in the Qur’an and Sunnah. 

The Directors must base their decisions on dalil or evidence, and not simply opinion.  We may not agree on the result, but with dalil we are able to see the faqih’s steps at arriving at a decision and thereby make up our own minds.  Since we are individually tasked with obeying Allah and His Messenger, this provision of evidence, dalil, is critical in order to satisfy our own due diligence.  After all, ijtehad is due diligence, and as fiduciaries, our fuqaha must exercise it.  And we require it to assure our own minds of the validity of the rulings of fiqh these fuqaha derive. 

So the Ummah is responsible for Wilayat – governance by being responsible for choosing those who are Waliyyu l’amr. 

But, governance is not all legislation and regulation.  What about enforcement?  We are each charged with obeying, but reality is we do not always do so.  So who enforces the law?  And who determines who does so?

Imamate

Enforcement.  It is not a pleasant word to many.  Would not it be wonderful if we could live in a world where everyone really cared about everyone else and we all kept the interests of others in mind and did not act in conflict to the rights of others?  Maybe in the next life, but this Hayyat al Duniya is different.  There are those who either due to weakness in controlling their ego and selfish tendencies, or due to actual desire to harm, insist on disobeying the laws Allah SWT has provided to create a just society.  They disobey Him and break the social contract with us. 

Allah SWT has stated in the Qur’an that He will punish wrongdoers in this life and the next.  He is fully capable of enforcing His own laws, His Huquq Allah.  He needs no one to do it for Him. However, He has also made provision in His Qur’an for addressing the fact that wrongdoers also break the social contract with us, and so He has made provision for enforcement of the rights of man – Huquq al Insaan.  And He has given us guidance for the punishment of crimes that involve the rights of Allah and of man. 

Allah SWT has revealed the Hadd punishments for serious felony crimes such as hirabah, theft, adultery and fornication, slander, and murder.  He has also given us guidance as to how to judge crimes with more discretionary punishments, through the record of the judgments of the Prophet and of Ali ibn Abi Talib.  Through the practice of the Prophet SAW, we also learn how to appoint Qadis, police officials, zakat collectors, and governors; all forms of enforcement officials.

Through the Sunnah, we also learn about how to appoint amirs or leaders.  These leaders form the project directors and teams leaders who will deal with implementing the law and ensuring that the Ummah achieves the objectives (maqaasid) of the Shariah. 

So continuing our analogy with a corporation, our Ummah needs a CEO: Our Imam.  This is Imamate.  And like the Board of Directors, he must be chosen through consensus by the Ummah.  I can find no ayat of the Qur’an or authentic Sunnah that supports the Imam being of any particular race, group or tribe.  All evidence from the hadith is far to biased to be authentic.  Sunnis claim only Quraish, but not the Bani Abdul Muttalib, and Ithna Ashari claim only descendants of Imam Hussein.  Zaydis, however, have claimed that it can be anyone of the descendants of Hassan or Hussein, as long as they call the people to action and striving in the way of Allah, and in the establishment of a true Islamic Society under Shariah.  I am not convinced that hereditary rule of any kind is called for by Islam.  Although other Prophets were followed as Imams by their descendents, and Ibrahim prayed for such, the Qur’an also reminds us that Muhammad is not the father of any man among you.  He is the khatma al anbiyya.  He has no successors in wahy or nubuwwah. 

So what about Imamate?  No where in the Qur’an or Sunnah is the Prophet SAW called Imam.  He is Nabi’, Rasul, Mustapha, but not Imam.  So to understand Imamate, we must look to Ibrahim.  He asks to be Imam, and also asks Allah SWT to make his sons Imams.  Allah agrees, but only if those sons are righteous.  Imamate depends on the quality of the person, not heredity. 

So does Allah SWT appoint Imams? Or are they chosen by the Ummah they stand before?  Historically, Allah SWT does not appoint, but He makes Imams.  He grants these men the character and abilities that would qualify them to be the best Imam for that time, place and people.  Then, it is up to that Ummah to freely choose that Imam as their Imam.  Such was Imam Ali ibn Abi Talib and Imam Hussein. 

Leaving aside for the time being the issue of the other Amir al Mu’mineen, after the death of Uthman RAA, the community gathered in Madina.  Representative from all over the Muslim world were present and they agreed by shura consensus that Ali ibn Abi Talib should be their Amir al Mu’mineen. 

Let us take a moment to look at these two terms, Amir al Mu’mineen and Imam.  Going back to our corporate analogy, we note that a CEO is often President of the Board as well.  He is the Chief Executive Officer, in other words the chief enforcement officer of the law, but he is also the head of the fiduciary body, responsible advising and guiding our Ummah.

 His role as Amir al Mu’mineen may be easier to characterize and define.  He is there to provide leadership in emergencies, to direct us in times of crisis, to oversee enforcement, to ensure our Ummah achieves its goals and objectives. 

His role as Imam may be harder to capture.  He bears the ultimate responsibility for guidance, and the ultimate responsibility for amr bi al ma’ruf wa nahi anni al munkar.  Not through dictatorial means as some might assume, but through being a role model and a shaheed, a witness. 

We have spoken of the meaning of shaheed elsewhere, and we noted it means witness.  It does not imply martyrdom, but committing your whole self to the cause of Allah in such as way to be a living Qur’an, a living witness to the truth it contains and of Allah’s knowledge of what we have the potential as humans to be. 

2:30 "Wilt Thou place therein one who will make
Mischief therein and shed blood?—
Whilst we do celebrate Thy praises
And glorify Thy holy (name)?"
He said: "I know what ye know not."

While we, who have free will, have the potential to make mischief and shed blood, we also have the potential to freely celebrate His praises, and glorify His name – not out of instinct or habit, but out of free will and love.

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[1] Siraj Sait and Hilary Lim, Land, Law and Islam: Property and Human Rights in the Muslim World, (Zed Books, London 2006) 1. (quoting Abdul Rauf 1984:19). See also Sayed Muhammad Baqir Al-Sadr, Iqtisaduna, Vol II, English Trans. Pp. 49-52. 

[2] Elsewhere we have discussed the epistemological status of wahy as one of the three forms of knowledge; acquired, intuitive/innate, and revealed.