The Shar‘i Status of Bay‘ah and the Role of the Khalifah

❖ The Shar‘i Perspective on Bay‘ah (Allegiance): The Importance of the Khalifah​

Source: Fatāwā ʿUlamāʾ-e-Ḥadīth, Kitāb al-Ṣalāh, Volume 1

✿ Question:​

What is the Shar‘i status of giving bay‘ah (allegiance) at the hands of someone who is not a Khalifah? Supporters of such bay‘ah often cite a statement from ʿUmar ibn al-Khaṭṭāb (رضي الله عنه).

✿ Answer:​

Bay‘ah is only legislated for the Muslim Khalifah and Imam.
When the Ahl al-Ḥall wa al-ʿAqd—the scholars, people of virtue, and those in authority—pledge allegiance, this establishes the legitimacy of his leadership. The general public is not obliged to give an individual pledge; it is sufficient for them to obey the Khalifah in matters of obedience to Allah.

◈ Imām al-Māwardī’s Statement:​

❝يَكْفِي فِي بَيْعَةِ الإِمَامِ أَنْ يَقَع مِنْ أَهْل الْحَلِّ وَالْعَقْدِ...❞
(Quoted from Fatḥ al-Bārī)

✔ The bay‘ah of the Ahl al-Ḥall wa al-ʿAqd is sufficient.
✔ A universal, comprehensive bay‘ah is not required.
✔ Every individual is not obliged to physically place his hand in the Imam’s hand.
✔ What is required is adherence, obedience, and not to oppose or rebel against him.

◈ Imām al-Nawawī’s Commentary:​

(Sharḥ Ṣaḥīḥ Muslim)

❝...فَقَدْ اِتَّفَقَ الْعُلَمَاء عَلَى أَنَّهُ لا يُشْتَرَط لِصِحَّتِهَا مُبَايَعَة كُلّ النَّاس...❞

✔ Scholars unanimously agree that it is not a condition for every person or all members of Ahl al-Ḥall wa al-ʿAqd to give bay‘ah.
✔ It suffices if a consensus is formed among available scholars, leaders, and dignitaries.
✔ Individuals are not obliged to personally meet and pledge.
✔ What is essential is obedience, avoiding rebellion or dissent.

◈ Shaykh Ṣāliḥ al-Fawzān’s Verdict:​

(al-Muntaqā min Fatāwā al-Shaykh Ṣāliḥ al-Fawzān 1/367)

❝البيعة لا تكون إلا لولي أمر المسلمين...❞

✔ Bay‘ah is only valid for the legitimate leader of the Muslims (Walī al-Amr).
✔ Multiple bay‘ahs to different individuals or groups are innovations (bidʿah) and are products of division.
✔ Muslims residing in a single land or state must give allegiance to only one Imam.
✔ Multiple bay‘ahs are not permissible.

Conclusion:​

Bay‘ah is a formal allegiance legislated solely for the Khalifah or legitimate leader of the Muslims. It must be facilitated by the Ahl al-Ḥall wa al-ʿAqd and does not necessitate a pledge from every individual. Giving bay‘ah to individuals, groups, or organizations other than the rightful Imam is a bid‘ah and leads to division and strife.