In our last blog, we discussed about terms of caliphate in Islam. However, the next part of our blog series, looks at another important and informative topic: The powers of the caliph in Islam. This subject is of utmost significance as it enables us to understand the role and responsibilities of a caliph in governing the affairs of the Muslim community.
Obedience to authority known tasks
The Caliph is the supreme ruler of every bureau. For this reason, every individual must obey him in the notable works.
Power to make rules and regulations
The Caliph has the authority to make rules and regulations for the implementation of Shariah (Islamic principles).
Power to appoint and dismiss officials
He has the authority to appoint and remove government officials.
Power of accountability and impeachment
The caliph could impeach and punish any member of the empire for breaking any law.
Power of war and peace
“The Caliph has the power to declare both war and peace following the state of the country.”
Power to investigate the actions of authorities
“The Caliph has the authority to investigate the non-Islamic actions of all rulers and hold them accountable for their actions.”
The Executive Council of the Caliph
There should be an assembly for the Caliph to run the country’s affairs, whose members can be chosen by the Caliph himself to advise on the use of executive powers. Following are the conditions for membership of the assembly based on piety.”
- Should be a Muslim (Non-Muslim subjects can also be consulted by opinion holder “Sahib Rai”).
- Should be a religious scholar.
- Should be fair-minded.
- Should be able to give advice.
- Should be aware of the country’s situation.
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Legislative powers
The Caliph, with the consultation of the Companions, possesses the power to formulate by-laws.
As mentioned in the Holy Quran;
وَأَمْرُهُمْ شُورَىٰ بَيْنَهُمْ
(Surat Ash-Shura Ayat 38)
“So, take advice from them”.
Power to Revoke or Reject
The important question arises as to whether the draft law passed unanimously or by a majority vote of the Constituent Assembly can be rejected by the Caliph or not.
If the Constituent Assembly passes a law unanimously or by majority opinion that is against a clear text, then the Caliph has the right to reject this law. For example, after the death of the Holy Prophet (peace and blessings of Allah be upon him), most of the Companions advised Hazrat Abu Bakr not to lead a jihad against those who prevent Zakat. But Hazrat Abu Bakr refused to accept this advice.
But if there is no decision against a clear text, the Caliph does not have the right to reject the law passed by majority opinion. If the Caliph issues such a legal framework (code of laws) which is clearly against the constitution, then the elected assembly (مجلس شوری) can reject this code and also hold the ruler accountable because Islam does not allow violation of the constitution.
Equitable Authority
The Caliph has the power to set rules for the courts. But the Caliph does not have the power to interfere with the independence of the court. The Caliph can neither order the court to make a decision nor prevent it from making a decision. If a ruler violates the decision of the court or forces him to write a decision of his own choice, then the judge must inform the elected assembly and the elected authority will hold him accountable or the judge will protest with justice. The secret of the development and stability of a country lies in this.
Restrictions on the powers of the Ruler
Islam does not give absolute authority to the Caliph to decide on his own. Although, it also imposes some restrictions on it.
The ruler does not have the authority to change any knowledge of the Shariat (Islamic principles), nor does he have the authority to enforce any law against the public interest. The Caliph is accountable to the people for his actions. People may ask him why he did this. Why did you order this?
Deposition of the Caliph
The Caliph may be removed from Khilafat in the following circumstances:
- If the Caliph renounces or apostatizes from the religion of Islam.
- If the Caliph becomes mentally unstable or insane.
- If the Caliph is captured by an enemy and there is no possibility of release.
- If the Caliph is afflicted with an illness that prevents him from fulfilling his duties as ruler.
- If the Caliph becomes excessively indulgent in immoral behavior.
- If the Caliph does not recognize the authority of law.
- If he fails to protect the religious and worldly affairs of Muslims, or becomes a tool of foreign governments and prioritizes their interests over those of the country.”
Syed Sharif writes:
“The Ummah has the right to remove the Imam from his position if they find that the Muslims are not able to carry out their work in the correct manner and there is corruption in religious affairs.”
This clearly states that the appointment of an Imam for the collective order is indeed in favor of the Ummah as it provides a centralized leadership to maintain unity and coherence. However, the Ummah also reserves the right to remove the Imam from his position if he fails to fulfil his duties properly or indulges in corrupt practices.
If the Imam Caliph wants to run the system of government without the advice of negotiation and agreement, then he should be deposed.
Ibn Atiya says:
“If the president of the government acts according to his opinion without seeking the advice of experts in science and art and the religious bodies of his government, then he should be removed from the authoritative position. All legal scholars agree on this.”
We hope you have learned more about “the powers of the caliph”, as we have covered in detail. If you want to keep updated with the caliphate, and Islamic law, follow our blogs. We update our blogs with new topics.
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