✍ Written by: Imran Ayyub Lahori
Islam has provided clear and comprehensive guidance regarding the responsibilities, powers, and limits of rulers and judges. The following points summarize some important principles derived from the Qur’an, Sunnah, and scholarly consensus.
A ruler or judge may issue a legal verdict even outside the courtroom, such as while traveling or on the road, provided justice is maintained.
قضى يحيى بن يعمر في الطريق
“Yaḥyā ibn Ya‘mur (رحمه الله) gave a verdict while on the road.”
وقضى الشعبي على باب داره
“Imām al-Sha‘bī (رحمه الله) passed judgment at the door of his house.”
[Ṣaḥīḥ al-Bukhārī: 7153, Kitāb al-Aḥkām: Bāb al-Qaḍā’ wa al-Futyā fī al-Ṭarīq]
“If a ruler causes difficulty to his people, Allah will cause difficulty for him.”
[Ṣaḥīḥ al-Bukhārī: 7152, Kitāb al-Aḥkām: Bāb Man Shāqa Shaqq Allah ʿAlayh]
Even a lesser authority under a higher ruler may issue a ruling for execution when required, as in the case of Muʿādh ibn Jabal رضي الله عنه who said regarding an apostate:
لا أجلس حتى أقتله
“I will not sit until I have executed him.”
[Ṣaḥīḥ al-Bukhārī: 1757, Kitāb al-Aḥkām: Bāb al-Ḥākim Yaḥkum bi al-Qatl ʿalā Man Wujiba ʿAlayh Dūn al-Imām]
A ruler may pass judgment based on his personal knowledge in a well-known case if no suspicion or bias is involved.
[Ṣaḥīḥ al-Bukhārī: 7161, Kitāb al-Aḥkām: Bāb Man Ra’ā lil-Qāḍī An Yaḥkum bi ʿIlmihi]
The Prophet ﷺ used a silver ring as a seal to authenticate letters and documents.
فاتخذ النبي صلى الله عليه وسلم خاتما من فضة
“The Prophet ﷺ made a ring of silver (to serve as a seal).”
[Ṣaḥīḥ al-Bukhārī: 7162, Kitāb al-Aḥkām: Bāb al-Shahādah ʿalā al-Khaṭm al-Makhtūm]
While judging between two disputing parties, the ruler may also offer moral guidance and reminders, as the Prophet ﷺ did:
لعل بعضكم أن يكون ألحن بحجته
“Perhaps some of you are more eloquent in presenting their arguments…”
[Ṣaḥīḥ al-Bukhārī: 7169, Kitāb al-Aḥkām: Bāb Maw‘iẓat al-Imām lil-Khuṣūm]
The Prophet ﷺ said:
وأجيبوا الداعي
“Accept the invitation of the one who invites you.”
[Ṣaḥīḥ al-Bukhārī: 7173, Kitāb al-Aḥkām: Bāb Ijābat al-Ḥākim al-Da‘wah]
Just as men pledged allegiance to the Prophet ﷺ, women also gave their pledge (bay‘ah) to him, signifying political recognition and loyalty.
[Ṣaḥīḥ al-Bukhārī: 7214, Kitāb al-Aḥkām: Bāb Bay‘at al-Nisā’]
If the ruler deems it in the public interest, he may nominate a successor with consultation (shūrā), as Abū Bakr al-Ṣiddīq رضي الله عنه did by appointing ʿUmar ibn al-Khaṭṭāb رضي الله عنه.
[Ṣaḥīḥ al-Bukhārī: 7218, Kitāb al-Aḥkām: Bāb al-Istikhlāf]
Preference should be given to a person of sound judgment, upright character, and proven wisdom, who is widely recognized for making correct and just decisions.
[Al-Sayl al-Jarrār, 4/509]
When a legitimate Islamic caliph is present, a second allegiance (bay‘ah) to another is invalid.
If someone does so intentionally, Islamic law prescribes the death penalty to prevent division in the Ummah.
However, if two leaders are pledged simultaneously, it is upon Ahl al-Ḥall wa al-ʿAqd (the council of qualified scholars and leaders) to select the more capable and deserving one.
[Al-Sayl al-Jarrār, 4/512]
Except for the Shī‘ah Imāmiyyah, the entire Muslim Ummah agrees that the appointment of a caliph (leader) is only valid through bay‘ah (pledge of allegiance), meaning mutual agreement and consensus among the Muslim community.
[Al-Fiqh al-Islāmī wa Adillatuh, 8/6168; Muqaddimah Ibn Khaldūn, p. 174; Al-Fiṣal, p. 29]
✿ Key Issues Regarding the Ruler (Ḥākim al-Waqt)
Islam has provided clear and comprehensive guidance regarding the responsibilities, powers, and limits of rulers and judges. The following points summarize some important principles derived from the Qur’an, Sunnah, and scholarly consensus.
◈ ① The Ruler May Judge Even Outside His Court
A ruler or judge may issue a legal verdict even outside the courtroom, such as while traveling or on the road, provided justice is maintained.
قضى يحيى بن يعمر في الطريق
“Yaḥyā ibn Ya‘mur (رحمه الله) gave a verdict while on the road.”
وقضى الشعبي على باب داره
“Imām al-Sha‘bī (رحمه الله) passed judgment at the door of his house.”
[Ṣaḥīḥ al-Bukhārī: 7153, Kitāb al-Aḥkām: Bāb al-Qaḍā’ wa al-Futyā fī al-Ṭarīq]◈ ② Whoever Causes Hardship to His People Will Face Hardship from Allah
“If a ruler causes difficulty to his people, Allah will cause difficulty for him.”
[Ṣaḥīḥ al-Bukhārī: 7152, Kitāb al-Aḥkām: Bāb Man Shāqa Shaqq Allah ʿAlayh]◈ ③ A Subordinate Ruler (Deputy) Can Also Pass Capital Judgment
Even a lesser authority under a higher ruler may issue a ruling for execution when required, as in the case of Muʿādh ibn Jabal رضي الله عنه who said regarding an apostate:
لا أجلس حتى أقتله
“I will not sit until I have executed him.”
[Ṣaḥīḥ al-Bukhārī: 1757, Kitāb al-Aḥkām: Bāb al-Ḥākim Yaḥkum bi al-Qatl ʿalā Man Wujiba ʿAlayh Dūn al-Imām]◈ ④ The Ruler May Judge Based on His Own Knowledge
A ruler may pass judgment based on his personal knowledge in a well-known case if no suspicion or bias is involved.
[Ṣaḥīḥ al-Bukhārī: 7161, Kitāb al-Aḥkām: Bāb Man Ra’ā lil-Qāḍī An Yaḥkum bi ʿIlmihi]◈ ⑤ The Use of an Official Seal
The Prophet ﷺ used a silver ring as a seal to authenticate letters and documents.
فاتخذ النبي صلى الله عليه وسلم خاتما من فضة
“The Prophet ﷺ made a ring of silver (to serve as a seal).”
[Ṣaḥīḥ al-Bukhārī: 7162, Kitāb al-Aḥkām: Bāb al-Shahādah ʿalā al-Khaṭm al-Makhtūm]◈ ⑥ The Ruler May Give Counsel During Judgments
While judging between two disputing parties, the ruler may also offer moral guidance and reminders, as the Prophet ﷺ did:
لعل بعضكم أن يكون ألحن بحجته
“Perhaps some of you are more eloquent in presenting their arguments…”
[Ṣaḥīḥ al-Bukhārī: 7169, Kitāb al-Aḥkām: Bāb Maw‘iẓat al-Imām lil-Khuṣūm]◈ ⑦ The Ruler Should Accept Invitations
The Prophet ﷺ said:
وأجيبوا الداعي
“Accept the invitation of the one who invites you.”
[Ṣaḥīḥ al-Bukhārī: 7173, Kitāb al-Aḥkām: Bāb Ijābat al-Ḥākim al-Da‘wah]◈ ⑧ Women Also Gave Bay‘ah to the Caliph
Just as men pledged allegiance to the Prophet ﷺ, women also gave their pledge (bay‘ah) to him, signifying political recognition and loyalty.
[Ṣaḥīḥ al-Bukhārī: 7214, Kitāb al-Aḥkām: Bāb Bay‘at al-Nisā’]◈ ⑨ A Ruler May Appoint a Successor
If the ruler deems it in the public interest, he may nominate a successor with consultation (shūrā), as Abū Bakr al-Ṣiddīq رضي الله عنه did by appointing ʿUmar ibn al-Khaṭṭāb رضي الله عنه.
[Ṣaḥīḥ al-Bukhārī: 7218, Kitāb al-Aḥkām: Bāb al-Istikhlāf]◈ ⑩ Selection Criteria for a Ruler
Preference should be given to a person of sound judgment, upright character, and proven wisdom, who is widely recognized for making correct and just decisions.
[Al-Sayl al-Jarrār, 4/509]◈ ⑪ The Prohibition of Multiple Allegiances
When a legitimate Islamic caliph is present, a second allegiance (bay‘ah) to another is invalid.
If someone does so intentionally, Islamic law prescribes the death penalty to prevent division in the Ummah.
However, if two leaders are pledged simultaneously, it is upon Ahl al-Ḥall wa al-ʿAqd (the council of qualified scholars and leaders) to select the more capable and deserving one.
[Al-Sayl al-Jarrār, 4/512]◈ ⑫ Consensus on the Legitimacy of Bay‘ah
Except for the Shī‘ah Imāmiyyah, the entire Muslim Ummah agrees that the appointment of a caliph (leader) is only valid through bay‘ah (pledge of allegiance), meaning mutual agreement and consensus among the Muslim community.
[Al-Fiqh al-Islāmī wa Adillatuh, 8/6168; Muqaddimah Ibn Khaldūn, p. 174; Al-Fiṣal, p. 29]
Conclusion
- The ruler is entrusted with both judicial and executive authority, ensuring justice, unity, and adherence to Sharī‘ah.
- His decisions, even outside formal settings, remain valid if they uphold fairness.
- The selection and succession of leadership must occur through consultation and bay‘ah, not by force or division.
- Multiple rulers within one Islamic state are forbidden, as unity under one leadership is a cornerstone of the Sharī‘ah.
- The ruler must act justly, avoid oppression, and bear responsibility before Allah for all his judgments and policies.
