Source: http://qa.muftisays.com/?3824
Question ID: #3824
 
Question: CONDITION FOR KHALIFA
Respected Mufti Sahab

Assalam-o-Alai-Kum

Is it true that one of our Believes is that the Khalifa should be a Qureshi based on a Hadith of the Prophet?

If true, wts the Hikmah behind this.
And how can it be defended against the argument that Islam is above all castes, creeds, tribes, etc and the only differentiating factor is Taqwah

Jazaak Allah

Fahad

 
 
Answered by: Ulamaa ID 04 (London)
Date: 28/08/2008 23:19pm

Bismillah

Al-jawab billahi at-taufeeq (the answer with Allah's guidance)


According to the Jumhur (majourity) the Khalifah must be from the tribe of Quraish because they used to be the leading tribe.

This is based on the Hadith of the Prophet (Sallallahu Alaihi Wasallam), "The Khalifas are Quraishi." (Musannaf Ibn Abi Shaibah Vol.12 Pg.170)

The correct meaning of this Hadith is that the Khulafa (Pl. of Khalifah) will majority be from the Quraishi tribe. However, this Hadith does not state that it is necessary for the Khalifah to be a Quraishi.

According some Fuqaha (Jurists) like Imam Abu Hanifa, Abu Bakr Al Baqllani and others (Rahmatullahi Alaihim) say that the Khalifah of a Quraishi is not a condition of Khilafah (caliphate).

Abu Rafi' narrated that someone spoke to 'Umar (RadhiAllahu Ta'ala Anhu) at his death about the appointment of a Khalifah, so he said, 'I have seen among my companions an unfortunate eagerness. If one of two men had reached me, and then I had entrusted this command to him, I would have been sure of him: Salim the freed slave of Abu Hudhayfah and Abu 'Ubaydah ibn al-Jarrah.' (Tarikhul Khulafaa)

In this Hadith Umar (RadhiAllahu Ta'ala Anhu) would appoint Salim the freed slave of Abu Hudhayfah or Abu 'Ubaydah ibn al-Jarrah (RadhiAllahu Ta'ala Anhuma) as Khalifah if they were alive. However, Salim the freed slave of Abu Hudhayfah was not a Quraishi. So from this it is evidently proven that even according to Umar (RadhiAllahu Ta'ala Anhu) for the Khalifah to be a Quraishi is not a requirement for Khilafah.


(Darse Tirmidhi Vol.5 Pg.315,317)



And Only Allah Ta'ala Knows Best.


Mufti Qamruzzaman

London, UK
 
www.MuftiSays.com