The Obligation of the ‘Ummah Towards Authority [the Caliph]

From the book, Islamic Legal Rulings Related to Governance, or ‘Aḥkām as-Sulṭānīyah, by ‘Abūl-Ḥasan al-Māwardī, pages 42-43:

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Section: The Obligation of the ‘Ummah Towards Authority [the Caliph]

When the ‘Imām fulfills what we mentioned, in terms of the rights of the ‘Ummah, then he has fulfilled the right of Allah ﷻ with regard to matters for them and upon them. And two rights become obligatory for [the ‘Ummah] towards [the authority]:

1) Obedience [aṭ-Ṭā’ah]; and

2) Aid and Support [an-Nuṣrah]

– for as long as his condition does not change.

As for the one whose condition changes, then he is removed from authority [al-‘Imāmah] by two things:

1) Valid criticism regarding his integrity [`Adālah]; and

2) A physical deficiency.

As for valid criticism regarding his integrity, i.e., a violation of Islamic law/morality [Fisq], then there are two types:

A) Matters in which desires [Shahwah] are attached; and

B) Matters in which doubts [Shubhah] are attached.

As for the first of the two [i.e., desires], then it is connected with actions of the limbs such as his commission of prohibited matters and his audacity to commit rejected actions- deciding matters according to desires and out of obedience to whims.

This is a violation of Islamic law/morality [Fisq] preventing the execution of a contract of authority [‘Imāmah] as well as [preventing] the [authority’s] continuation.

Thus, when [a condition of Fisq] happens unexpectedly to someone whose authority has been effectuated, he comes out from [the authority]. If he should return to a state of integrity [`Adālah], he does not return to authority [al-‘Imāmah] except by means of a new contract.

Some of the theological rhetoricians [Mutakallimīn] said: “He returns to authority [al-‘Imāmah] by means of his return to a condition of integrity [`Adālah] without renewal of a contract [`Aqd] for him or an oath of allegiance [Bay’ah]. This is due to the generality of his authority and the difficulty entailed in the renewal of an oath of allegiance to him.

As for the second of the two [i.e., doubts], then it is connected with Beliefs interpreted by means of doubt that obstructs thereby interpreting them [i.e., Beliefs] according to what contradicts the Truth [al-Ḥaqq]. Scholars have differed over [this point].

A group among [the scholars] adopted the view that it prevents effectuating authority [al-‘Imāmah] and from its continuation. He comes out [from authority] by means of its occurrence. This is because it is necessary to treat equally the state of Fisq [i.e., violation of Islamic law/morality] resulting from interpretation and without interpretation when the ruling of Disbelief [Ḥukm al-Kufr] resulting from interpretation and without interpretation is the same.

While the majority of scholars from Baṣrah said that indeed, it does not prevent the effectuation of authority [al-‘Imāmah] and he does not come out from [authority] by means of it; just as it does not prevent someone from being authorized for judgeship [Wilāyat al-Qaḍā’] and being permitted to give testimony [Jawāz ash-Shahādah].

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