The conditions governing the Caliphate

The conditions governing the caliphate are:

1. knowledge
2. probity
3. competence
4. freedom of the senses and limbs from any defect that might affect judgment and action.

There is a difference of opinion concerning a fifth condition, that is, (5) Qurashite descent.

Knowledge

The necessity of knowledge is obvious. The imam can execute the divine laws only if he knows them.

His knowledge is satisfactory only if he is able to make independent decisions. Blind acceptance of tradition is a shortcoming, and the imamate requires perfection in (all) qualities and conditions.

Probity

This (‘adalah) is required because the imamate is a religious institution and supervises all the other institutions that require (probity).

Thus, it is all the more necessary that (probity) be a condition required of (the imamate). There is no difference of opinion as to the fact that the (imam’s) probity is nullified by the actual commission of forbidden acts and the like. But there is a difference of opinion on the question of whether it is nullified by innovations in dogma (made or adopted by the imam).

Competence

The imam must be willing to carry out the punishments fixed by law and to go to war. He must understand warfare and be able to assume responsibility for getting the people to go (to war). He also must know about group feeling and the fine points (of diplomacy).

He must be strong enough to take care of political duties. All of which is to enable him to fulfill his functions of protecting the religion, leading in the holy war against the enemy, maintaining the (religious) laws, and administering the (public) interests.

Freedom of disability

Examples are defects or incapacitations such as insanity, blindness, muteness, or deafness, and from any loss of limbs affecting (the imam’s) ability to act, such as missing hands, feet, or testicles, is a condition of the imamate, because all such defects affect the (imam’s) full ability to act and to fulfill his duties.

Even in the case of a defect that merely disfigures the appearance, as, for instance, loss of one limb, the condition of freedom from defects (remains in force as a condition in the sense that it) aims at perfection (in the imam). Lack of freedom of action is connected with loss of limbs. Such a lack may be of two kinds. One is forced (inaction) and complete inability to act through imprisonment or the like. (Absence of any restriction upon freedom of action) is as necessary a condition (of the imamate) as freedom from bodily defects.

The other kind is in a different category. (This lack of freedom of action implies that) some of (the imam’s) men gain power over him, although no disobedience or disagreement may be involved, and keep him in seclusion. Then, the problem is shifted to the person who has gained power.

If he acts in accordance with Islam and justice and praiseworthy policies, it is permissible to acknowledge (the imam). If not, the Muslims must look for help. They must look to persons who will restrain him and eliminate the unhealthy situation created by him, until the caliph’s power of action is re-established.

The condition of Qurashite origin

This is based upon the general consensus on this point that obtained in the men around Muhammad on the day of the SagIfah. 234 On that day, the Ansar intended to render the oath of allegiance to Sa’d b. ‘Ubadah.

They said:

But the Qurashites argued against them with Muhammad’s statement, “The imams are from among the Quraysh.” 236

They also argued that Muhammad had exhorted them “to do good to (those of the Ansar) who do good, and leave unpunished those of them who do evil.” 237

The Qurashites) said, if the leadership were to be given to (the Ansar), the latter would not have been recommended (to their care as indicated in Muhammad’s statement). The Ansar bowed to these arguments and retracted theirstatement (just quoted), “One amir from among us, and another from among you.”

They gave up their intention to render the oath of allegiance to Sa’d. It is also well established by sound tradition that “this thing (the Muslim state) will always remain with this Qurashite tribe.” 238 There are many other similar proofs.

However, the power of the Quraysh weakened.

Their group feeling vanished in consequence of the life of luxury and prosperity they led, and in consequence of the fact that the dynasty expended them all over the earth. (The Qurashites) thus became too weak to fulfill the duties of the caliphate.

The non-Arabs gained superiority over them, and the executive power fell into their hands. This caused much confusion among thorough scholars (with regard to Qurashite origin as a condition of the caliphate). They eventually went so far as to deny that Qurashite descent was a condition (of the imamate). They based themselves upon the evident sense (of certain statements), such as Muhammad’s statement, “Listen and obey, even should an Abyssinian slave, with (a head as black as) a raisin, be your governor.” 239

This, however, is not a valid proof. It is just a hypothetical parable which, in an exaggerated form, is meant to stress the duty of obedience. There is also ‘Umar’s statement, “If Salim, the client of Abu Hudhayfah, were alive, I would appoint him,"-or= “… I would not have had any objection against him.” 241 This statement also has nothing to do (with the problem in question).

The opinion of one of the men around Muhammad (such as ‘Umar, in this particular case) does not constitute a proof. Furthermore, people’s clients belong to them. 242 Salim’s group feeling in his capacity as client was that of the Qurashites.

It is group feeling that is important when specific descent is made a condition of the imamate. ‘Umar had a high opinion of the caliphate. He thought, as he looked at it, that the conditions governing it were (all but) disregarded. Thus, he turned to Salim, because, in his opinion, the latter abundantly fulfilled the conditions governing the caliphate, including his client relationship which provided for group feeling, as we shall mention. 243

Only, a pure (Qurashite) descent was not there. (‘Umar) considered it unnecessary, because the importance of descent lies solely in group feeling, and (group feeling) may result from a client relationship (such as that of Salim, as well as from common descent). The reason for ‘Umar’s (statement) was his desire to look after (the best interests of) the Muslims and to entrust their government to a man beyond reproach who (would not commit acts for which he, ‘Umar,) would be held responsible.

Among those who deny that Qurashite descent is a condition (of the imamate) is Judge Abu Bakr al-Bagillani. 244 The Qurashite group feeling had come to disappear and dissolve (in his day), and non-Arab rulers controlled the caliphs.

Therefore, when he saw what the condition of the caliphs was in his day, he dropped the condition of Qurashite origin (for the imamate), even though it meant agreeing with the Kharijites.

Scholars in general, however, retain Qurashite descent as a condition (of the imamate). (They maintain that) the imamate rightly belongs to a Qurashite, even if he is too weak to handle the affairs of the Muslims. Against them is the fact that this involves dropping the condition of competence, which requires that (the imam must) have the power to discharge his duties. If (his) strength has gone with the disappearance of group feeling, (his) competence, too, is gone.

If the condition of competence be eliminated, that will reflect further upon knowledge and religion. In this case, then, all) the conditions governing the institution (of the imamate would no longer be considered, and this would be contrary to the general consensus.

Is there wisdom of making descent a condition of theimamate?

We say= All religious laws must have (specific) purposes and significant meanings of their own, on account of which they were made. If we, now, investigate the wisdom of Qurashite descent as a condition (of the imamate) and the purpose which the Lawgiver (Muhammad) had in mind, (we shall find that) in this connection he did not only think of the blessing that lies in direct relationship with the Prophet, as is generally (assumed). Such direct relationship exists (in the case of Qurashite descent), and it is a blessing.

However, it is known that the religious law has not as its purpose to provide blessings. Therefore, if (a specific) descent be made a condition (of the imamate), there must be a (public) interest which was the purpose behind making it into law. If we probe into the matter and analyze it, we find that the (public) interest is nothing else but regard for group feeling.

Group feeling protects and helps people to press their claims. It frees the incumbent in the position (of imam) from opposition and division. The Muslim community accepts him and his family, and he can establish friendly terms with them.

The Quraysh were the outstanding, original, and superior leaders of the Mudar. Their number, their group feeling, and their nobility gave them power over all the other Mudar.

All other Arabs acknowledged that fact and bowed to their superiority. Had the rule been entrusted to anybody else, it may be expected that their opposition and refusal to submit would have broken the whole thing up.

No other Mudar tribe would have been able to sway them from their attitude of opposition and to carry them along against their will. The community would have been broken up. The whole thing would have been torn by dissension. Muhammad warned against that.

He showed himself desirous to have them agree and to remove dissension and confusion from among them, for the sake of establishing close contact and group feeling and improved protection.

No dissension or confusion but rather) the opposite (could be expected to be the case), were the Quraysh to be in power. They were able, through superior force, to drive people into doing what was expected of them. There was no fear that anybody would oppose them. There was no fear of division.

The Quraysh were able to assume the responsibility of doing away with (division) and of preventing people from (splitting up). Therefore, Qurashite descent was made a condition of the institution of (the imamate).

The Quraysh represented the strongest (available) group feeling.

Qurashite descent of the imam, it was thus (hoped), would be more effective (than anything else in organizing the Muslim community and bringing harmony into it.

When Qurashite affairs were well organized, all Mudar affairs were likewise well organized. Thus, all the other Arabs obeyed them. Nations other than the Arabs submitted to the laws of the Muslim community. Muslim armies entered the most remote countries.

That happened in the days of the conquests. It remained that way later on in the (Umayyad and ‘Abbasid) dynasties, until the power of the caliphate dissolved and the Arab group feeling vanished. The great number of the Quraysh and their superiority over the Mudar subtribes is known to all diligent students of, and experts in, Arab history, biography, and relevant conditions. Ibn Ishaq mentioned this in the Kitab as-siyar, and (so did) other (authors).245

If Qurashite descent is a condition of the imamate was intended to remove dissension with the help of (Qurashite) group feeling and superiority, and if we know that the Lawgiver (Muhammad) does not make special laws for any one generation, period, or nation, we also know that (Qurashite descent) falls under (the heading of) competence.

Thus, we have linked it with the condition of competence and have established the overall purpose of (thecondition of) Qurashite (descent), which is the existence of group feeling.

Therefore, we consider it a (necessary) condition for the person in charge of the affairs of the Muslims that he belong to people who possess a strong group feeling, superior to that of their contemporaries, so that they can force the others to follow them and the whole thing can be united for effective protection.

Such group feeling as a rule does not comprise all areas and regions. The Qurashite group feeling, however, was all-comprehensive, since the mission of Islam, which the Quraysh represented, was all-comprehensive

The group feeling of the Arabs was adequate to that mission.

Therefore, the Arabs overpowered all the other nations. Currently however, each region has people of its own who represent the superior group feeling there.

When one considers what God meant the caliphate to be, nothing more needs to be said about it. God made the caliph his substitute to handle the affairs of His servants.

He is to make them do the things that are good for them and not do those that are harmful. He has been directly told so. A person who lacks the power to do a thing is never told directly to do it.

The religious leader, Ibn al-Khatib, 246 said that most religious laws apply to women as they do to men. However, women are not directly told to follow the religious laws by express reference to them in the text, but, in Ibn al-Khatib’s opinion, they are included only by way of analogical reasoning.

That is because women have no power whatsoever. Men control them, except in as far as the duties of divine worship are concerned, where everyone controls his own actions.

Therefore, women are directly told (to fulfill the duties of divine worship) by express reference to them in the text, and not (merely) by way of analogical reasoning.

Furthermore, (the world of) existence attests to (the necessity of group feeling for the caliphate). Only he who has gained superiority over a nation or a race is able to handle its affairs. The religious law would hardly ever make a requirement in contradiction to the requirements of existence.