The Constitution of the Caliphate State, the Caliph
- Category: The Caliph §24-41
Article 26: Every sane, adult Muslim, a male or a female, has the right to elect the leader of the State and to give him the pledge of allegiance; while the non-Muslims do not have such right.
The reality of the Khilafah is evidence that every Muslim has the right to elect the Khalifah and to give him the pledge, since there are narrations which indicate that it is the Muslims who give the pledge of allegiance to the Khalifah, irrespective of whether they were male or female; it is narrated by ‘Ubadah b. Samit
«بَايَعْنَا رَسُولَ اللَّهِ ...»
“We gave the oath of allegiance to the Messenger of Allah…” reported by Al-Bukhari, and narrated from Um Attiyya who said
«بايعنا رسول الله ...»
“We have the oath of allegiance to the Messenger of Allah…” also from Al-Bukhari, and what Ibn Kathir reported in Al-Bidayah Wal-Nihayah when ‘Abd al Rahman b. ‘Auf was appointed to take the opinion of the Muslims as to who should be the Khalifah he said “He took men’s and women’s opinions”, and not one of the companions rebuked him over this. So every Muslim, a male or a female, has the right to elect the Khalifah and to give him the pledge of allegiance. As for the non-Muslims they have no right in these issues since the pledge of allegiance is upon the Book and the Sunnah and he does not believe in either of them, since if he believes in them he would be a Muslim.