Ruling

Could the Caliph be removed in a coup as happened to Morsi in Egypt?

There are three reasons the Caliph cannot be removed by the army in a Caliphate.

  1. The army is cultured in the Islamic ideology which it works to protect and propagate. Islam is the sole reason for its existence and what gives it motivation and life.

 يَا أَيُّهَا الَّذِينَ آمَنُوا اسْتَجِيبُوا لِلَّهِ وَلِلرَّسُولِ إِذَا دَعَاكُمْ لِمَا يُحْيِيكُمْ

“O you who believe! Respond to Allah and to the Messenger when He calls you to what will bring you to life!”

(Al-Anfaal, 8:24)

Article 67 of the Caliphate’s Draft Constitution states: “It is obligatory to provide the Army with the highest level of military education, and raise its intellectual level as far as possible. Every individual in the Army should be cultured Islamically which enables him to have an awareness of Islam, to at least a general level.”

General Abd Al-Fattah Al-Sissy who is leader of the Egyptian army and the one responsible for the coup against Morsi does not work for the sake of the Islamic ideology. His mentality is a western mentality which can be seen in a paper he wrote during his tenure at the U.S. Army War College in 2006 called “Democracy in the Middle East“. He concludes the paper with, “…as the Middle East develops the rest of the world should seek ways to assist in promoting democratic values and means. Investing in educational means would be a good starting point.”

  1. Every Muslim soldier from the bottom to the top must give bay’ah (pledge of allegiance) to obey the Caliph. They cannot withdraw this bay’ah unless the supreme Mazalim court rules otherwise.

Al-Bukhari narrated that Ubada bin Al-Samit said:

 بَايَعْنَا رَسُولَ اللَّهِ صلى الله عليه وسلم عَلَى السَّمْعِ وَالطَّاعَةِ فِي الْمَنْشَطِ وَالْمَكْرَهِ‏.‏ ‏‏وَأَنْ لاَ نُنَازِعَ الأَمْرَ أَهْلَهُ، وَأَنْ نَقُومَ ـ أَوْ نَقُولَ ـ بِالْحَقِّ حَيْثُمَا كُنَّا لاَ نَخَافُ فِي اللَّهِ لَوْمَةَ لاَئِمٍ ‏‏‏ 

“We gave the bayah to Allah’s Messenger that we would listen and obey him both at the time when we were active and at the time when we were tired, and that we would not fight against the ruler or disobey him, and would stand firm for the truth or say the truth wherever we might be, and in the Way of Allah we would not be afraid of the blame of the blamers.”  (Bukhari)

Article 35 of the Caliphate’s Draft Constitution states: “The Ummah is the one who appoints the Caliph. However, it does not possess the right to remove him once the Bay’ah (pledge of allegiance) has been concluded according to the Shari’ah method.”

There is no bay’ah in Egypt’s democratic, republican system so there is no strong Islamic bond of obedience between the Muslim citizens and their ruler.

  1. The Caliph is Commander in-Chief of the armed forces and not a ceremonial Supreme Commander like Morsi was.

Article 146 of the Egyptian Constitution under Morsi stated: “The President of the Republic shall be the Supreme Commander of the Armed Forces. The President is not to declare war, or send the Armed Forces outside State territory, except after consultation with the National Defense Council and the approval of the House of Representatives with a majority of its members.”

The Supreme Commander is a ceremonial position with no real authority or power over the army. This is the case in many democratic states today, the main exception being America where the US President is Commander in-Chief and not just a figurehead.

In Egypt General Sissy held the position of Commander in-Chief and Defense Minister which is why it was easy for him to remove Morsi.

In the Caliphate the Caliph is Commander in-Chief of the armed forces and not a figurehead. The Ameer ul-Jihad, Joint Chiefs of Staff, Regional commanders, Battlefield commanders, Corp commanders and Divisional commanders are all appointed and removed by the Caliph. They owe their position and loyalty to the Caliph alone and the chain of command is directly from the Caliph to the generals.

The Chiefs of Staff are not in the chain of command. Their role is to prepare strong, capable and effective armed services that the Caliph can utilise to fulfil global Islamic interests.

Although the Caliph is Commander in-Chief this doesn’t mean he is a soldier and his government is a military regime. The Caliph is a politician and statesman and his post is executive. As Commander in-Chief he is responsible for the armed forces, its management and what they are utilised for. In certain situations he may lead the army himself or he may appoint commanders. The Prophet Muhammad (Allah bless him and give him peace) did both.

Article 65 of the Caliphate’s Draft Constitution states: “The Caliph is the Commander in-Chief of the Army, and appoints the Chief of General Staff, a general for each corp (Lt. General), and a commander (Maj. General) for every division. The remaining ranks in the army are appointed by the corp-commanders and divisional-commanders. The appointment of general staff is according to their level of military expertise, and is carried out by the Chief of General Staff.”

Conclusion

Deviating from the Islamic method of change and the Islamic method of ruling will only bring misery in this life and the next. Allah Most High says:

 وَمَنْ أَعْرَضَ عَنْ ذِكْرِي فَإِنَّ لَهُ مَعِيشَةً ضَنْكًا وَنَحْشُرُهُ يَوْمَ الْقِيَامَةِ أَعْمَىٰ 

“As for the one who disregards My message, he will have a miserable life, and we resurrect him, on the Day of resurrection, blind.”

(Ta Ha, 20:124)

 

Bibliography

Ajhizat Dawlat ul-Khilafah by Hizb ut-Tahrir

Muqadimatud-Dustur Aw al-Asbabul Mujibatulah by Hizb ut-Tahrir

Shakhsiya Islamiyya volume II by Taqiuddin an-Nabhani

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