The Constitution of the Caliphate State, the Caliph
- Category: The Caliph §24-41
Article 29: It is stipulated that the authority of the region or the country that gives the Caliph a contracting pledge is autonomous dependent upon the Muslims alone, and not upon any disbelieving state; besides the security of the Muslims in that country, both internally and externally, is by the security of Islam not the security of the disbelief. With respect to the pledge of obedience taken from other countries, there are not such conditions.
The evidence is the forbiddance of the disbelievers having authority over the Muslims, in accordance with the His (swt) words
((وَلَنْ يَجْعَلَ اللَّهُ لِلْكَافِرِينَ عَلَى الْمُؤْمِنِينَ سَبِيلًا (141)))
“And never will Allah give the disbelievers over the believers a way [to overcome them].” (TMQ 4:141), so if the authority of the disbelievers over the Muslims is present in any part of the Islamic lands, then that land would not be suitable to establish the Caliph, since the establishment of a Caliph is simply the establishment of an authority. Since that land does not possess the authority it ,therefore, cannot give it. Also its authority is an authority of disbelief, and the Caliph is not established with the authority of disbelief.
This is from the angle of the authority; as for the issue of security, its evidence is the evidence for Dar Al-Islam and Dar Al-Kufr, since the establishment of the Caliph would make the abode into an abode of Islam, and it is not possible for an abode to be an abode of Islam simply by establishing the rule of Islam but rather it is imperative that its security is by the security of Islam and not that of disbelief, since the conditions for the abode to be considered an abode of Islam are: firstly, to be ruled by Islam and secondly, for its security to be the security of Islam and not the security of disbelief.