Bay’ah Explained: Quran, Sunnah, and Shariah Status
Question: What is meant by Bay’ah? Is it permissible to give or take Bay’ah? And what is the Shari’ah status of the Bay’ah that Pirs and Murshids take from the common people? Furthermore, is it proven from Hadith that whoever does not have a Pir or Murshid, his Pir or Murshid is Shaytan (Satan)? Please answer in the light of the Book (Quran) and Sunnah!
Answer:
All praise is for Allah:
Since this is an important and controversial issue, for its clarification, we need to know the complete details. Here, we will quote the Quranic verses and Ahadith mentioned about Bay’ah and see when, how, and for whom it is permissible to give/take Bay’ah according to the Shari’ah. Then, it will be easy for us to decide whether the custom of Bay’ah prevalent in our society is permissible or impermissible from a Shari’ah perspective.
Literal Meaning
The word Bay’ah is derived from ‘Bay’, which means: to make a deal, whether this deal is for goods or for some other responsibility.
Allah Azzawajal states:
اعوذباللہ من الشیطان الرجیم
بسم اللہ الرحمٰن الرحیم
إِنَّ ٱللَّهَ ٱشْتَرَىٰ مِنَ ٱلْمُؤْمِنِينَ أَنفُسَهُمْ وَأَمْوَٰلَهُم بِأَنَّ لَهُمُ ٱلْجَنَّةَ ۚ يُقَـٰتِلُونَ فِى سَبِيلِ ٱللَّهِ فَيَقْتُلُونَ وَيُقْتَلُونَ ۖ وَعْدًا عَلَيْهِ حَقًّا فِى ٱلتَّوْرَىٰةِ وَٱلْإِنجِيلِ وَٱلْقُرْءَانِ ۚ وَمَنْ أَوْفَىٰ بِعَهْدِهِۦ مِنَ ٱللَّهِ ۚ فَٱسْتَبْشِرُوا۟ بِبَيْعِكُمُ ٱلَّذِى بَايَعْتُم
بِهِۦ ۚ وَذَٰلِكَ هُوَ ٱلْفَوْزُ ٱلْعَظِيمُ
(Surah At-Tawbah, Ayah No. 111)
Translation:
"Indeed, Allah has purchased from the believers their lives and their properties [in exchange] for that they will have Paradise. They fight in the cause of Allah, so they kill and are killed. [It is] a true promise [binding] upon Him in the Torah and the Gospel and the Qur'an. And who is truer to his covenant than Allah? So rejoice in your transaction which you have contracted. And it is that which is the great attainmen1t."
Terminological Meaning
And terminologically, Bay’ah refers to the pact made for the obedience of a leader (Amir). Just as in buying and selling, the buyer places money in the seller’s hand and the seller gives the purchased item into the customer’s hand, similarly, the one giving Bay’ah places his hand in the hand of his leader and affirms the pledge.
The Quran mentions the Bay’ah of the believers at the hand of the Messenger of Allah (peace be upon him) in three places:
General Bay’ah
As Allah the Almighty said:
إِنَّ ٱلَّذِينَ يُبَايِعُونَكَ إِنَّمَا يُبَايِعُونَ ٱللَّـهَ يَدُ ٱللَّـهِ فَوْقَ أَيْدِيهِمْ ۚ فَمَن نَّكَثَ فَإِنَّمَا يَنكُثُ عَلَىٰ نَفْسِهِۦ ۖ وَمَنْ أَوْفَىٰ
بِمَا عَـٰهَدَ عَلَيْهُ ٱللَّـهَ فَسَيُؤْتِيهِ أَجْرًا عَظِيمًا
(Surah Al-Fath, Ayah No. 10)
"Indeed, those who pledge allegiance to you, [O Muhammad] - they are actually pledging allegiance to Allah. The hand of Allah is over their hands. So he who breaks his word only breaks it to the detriment of himself. And he who fulfills that which he has promised Allah - He will give him a great reward."
Bay’at-ur-Ridwan
This was taken in the sixth year of Hijra on the occasion of the Treaty of Hudaybiyyah:
It is stated:
لَّقَدْ رَضِىَ ٱللَّـهُ عَنِ ٱلْمُؤْمِنِينَ إِذْ يُبَايِعُونَكَ تَحْتَ ٱلشَّجَرَةِ فَعَلِمَ مَا فِى قُلُوبِهِمْ فَأَنزَلَ ٱلسَّكِينَةَ عَلَيْهِمْ وَأَثَـٰبَهُمْ فَتْحًا قَرِيبًا..!
(Surah Al-Fath, Ayah No. 18)
"Certainly was Allah pleased with the believers when they pledged allegiance to you, [O Muhammad], under the tree, and He knew what was in their hearts, so He sent down tranquility upon them and rewarded them with an imminent conqu2est."
At the conquest of Makkah and afterwards, he specifically took Bay’ah from women. He (Allah) said:
يَـٰٓأَيُّهَا ٱلنَّبِىُّ إِذَا جَآءَكَ ٱلْمُؤْمِنَـٰتُ يُبَايِعْنَكَ عَلَىٰٓ أَن لَّا يُشْرِكْنَ بِٱللَّـهِ شَيْـًٔا وَلَا يَسْرِقْنَ وَلَا يَزْنِينَ وَلَا يَقْتُلْنَ أَوْلَـٰدَهُنَّ وَلَا يَأْتِينَ بِبُهْتَـٰنٍ يَفْتَرِينَهُۥ بَيْنَ أَيْدِيهِنَّ وَأَرْجُلِهِنَّ وَلَا يَعْصِينَكَ فِى مَعْرُوفٍ ۙ فَبَايِعْهُنَّ وَٱسْتَغْفِرْ لَهُنَّ ٱللَّـهَ ۖ إِنَّ ٱللَّـهَ غَفُورٌۭ رَّحِيمٌ
(Surah Al-Mumtahanah, Ayah No. 12)
"O Prophet, when the believing women come to you pledging to you that they will not associate anything with Allah, nor will they steal, nor will they commit unlawful sexual intercourse, nor will they kill their children, nor will they bring forth a slander they have invented between their arms and legs, nor will they disobey you in what is right - then accept their pledge and ask forgiveness for them of Allah. Indeed, Allah is Forgiving and Mercif3ul."
Individual Bay’ah
Amr bin Al-Aas (RA) after narrating the incident of his acceptance of Islam, says:
“When Allah placed the love of Islam in my heart, I came to the Prophet (peace be upon him) and said: ‘Extend your right hand so that I may give you my pledge of allegiance.’ So he extended his hand, but I withdrew my hand. He said: ‘What is the matter, O Amr?’ I said: ‘I wish to make a condition.’ He said: ‘What condition?’ I said: ‘That Allah will forgive me!’ So he (peace be upon him) said: ‘Do you not know that accepting Islam wipes out all that has passed before it, and likewise, emigration (Hijrah) and pilgrimage (Hajj) wipe out all that was done before them?'”
(Sahih Muslim | Book: The Book of Faith | Chapter: On Islam Destroying All That Preceded It, Hadith No. 121)
Observe some other Ahadith related to Bay’ah
The Pledge of Obedience to the Ruler of the Time
Ubadah bin Samit (RA) narrates that we pledged allegiance to the Messenger of Allah (peace be upon him) on these matters: “That we would listen and obey, whether in times of difficulty or ease, whether in what we liked or disliked, and even when others were given preference over us; on the condition that we would not dispute the matter with those in authority, and that wherever we may be, we would speak the truth and, for the sake of Allah, would not fear the blame of any blamer.”
(Sahih al-Bukhari: Hadith No. 7199)
(Sahih Muslim: Hadith No. 1709)
(Sunan an-Nasa’i: Hadith No. 4160)
Ibn Kathir, in Al-Bidayah wan-Nihayah, added these words, from which it is known that this was the pledge that the Prophet (peace be upon him) took from the people of Madinah at the location of Aqabah (in Mina):
“And that when Muhammad (peace be upon him) comes to Yathrib (Madinah), we will help him and defend him just as we defend our own lives, our souls, and our children, and in return, we will have Paradise.”
(Al-Bidayah wan-Nihayah: 3/189)
Bay’ah should only be given to the Caliph upon whom the Muslims have a consensus (Ijma)
As Ahmad bin Hanbal (may Allah have mercy on him) says.
(See: Al-Musnad min Masail Al-Imam [manuscript 1, quoted in Al-Imamatul Udhma ‘inda Ahl as-Sunnah wal-Jama’ah, p. 217], [wa Masail Al-Imam Ahmad li Ibn Hani’ [2/158, no. 2011]], [As-Sunnah lil-Khallal [p. 80, 81, no. 10], and it is authentic from Ahmad, may Allah have mercy on him])
Shaykh Ali Hassan Al-Halabi says:
لا تكون البيعة إلا لأمير المؤمنين فقط
“Bay’ah is not permissible for anyone other than the Amir al-Mu’minin (Commander of the Faithful).”
[Al-Bay’ah, p. 23]
Ali Hassan Al-Halabi further writes that:
لا تعطي البيعة على أنواعها إلا لخليفة المسلمين المنفذ للأحكام، المطبق للحدود
“Bay’ah, in all its forms, should only be given to the Caliph of the Muslims who implements the rulings and applies the (Islamic) legal punishments (Hudud).”
[Al-Bay’ah, p. 28]
It should be remembered that this obedience is conditional
Hadrat Ibn Umar (RA) narrates that the Messenger of Allah (peace be upon him) said: “It is incumbent upon a Muslim to listen and obey, whether in a matter he likes or dislikes, unless he is commanded to commit a sin. In that case, there is no listening and no obeying.”
(Sahih Muslim: Hadith No. 1839)
(Sunan Abu Dawood, Hadith No. 2626)
After giving Bay’ah to one Imam, giving Bay’ah to another is not permissible:
Abdullah bin Amr bin Al-Aas narrates a long sermon of the Prophet (peace be upon him), which includes these words:
“Whoever has pledged allegiance to an Imam, giving him his hand and the sincerity of his heart, he should obey him as long as he is able. If another person comes to dispute (the leadership) with him, then strike the neck of the second person.”
(Sahih Muslim: Hadith No. 1844)
Rebelling against the Jama’ah (the main body of Muslims) is impermissible
Hadrat Abu Hurairah (RA) narrates that the Messenger of Allah (peace be upon him) said:
“Whoever withdraws from obedience and splits from the Jama’ah and dies, he dies the death of Jahiliyyah (pre-Islamic ignorance). And whoever fights under a blind banner, becoming angry for the sake of partisanship (‘Asabiyyah), or calling to partisanship, or supporting partisanship, and is killed in the process, his death is also a death of Jahiliyyah. And whoever rebels against my Ummah, striking the righteous and the sinner alike, and does not spare the believer, and does not fulfill the covenant he has made, he is not from me and I am not from him.”
(Sahih Muslim: Hadith No. 1848)
After the Prophet (peace be upon him), the Sahaba (RA) also had the same course of action regarding Bay’ah
Nafi’ narrates that:
“Abdullah bin Umar (RA) came to Abdullah bin Muti’, and this was during the time of the incident of Harrah in the era of Yazid bin Muawiyah. Ibn Muti’ said:
‘Place a cushion for Abu Abdur-Rahman.’
Abdullah bin Umar (RA) said: I have not come to sit. I have come only to narrate a hadith to you that I heard from the Messenger of Allah (peace be upon him), and it is this:
‘Whoever removes his hand from the circle of obedience will meet Allah on the Day of Resurrection with no argument (excuse) for himself. And whoever dies without having a pledge of allegiance (Bay’ah) on his neck, dies the death of Jahiliyyah (pre-Islamic ignorance).'”
(Sahih Muslim: Hadith No. 1851)
From the above-mentioned verses and Ahadith, the following points are understood
- The Bay’ah given to the Messenger of Allah (peace be upon him) is different from the Bay’ah to any other caliph or leader, and the Bay’ah to the Prophet (peace be upon him) is in fact a Bay’ah to Allah.
- When the Prophet (peace be upon him) took the Bay’ah from the Ansar of Madinah at Aqabah, although he did not have authority at that time, he took this Bay’ah in his capacity as a Messenger, and this too was for a specific purpose: that when he reached Madinah, the Ansar would fully protect him.
- Upon reaching Madinah, the Prophet (peace be upon him) was the undisputed holder of authority. He took the Bay’ah of listening and obedience from the Sahaba (RA) on various occasions, and on some occasions, he took Bay’ah on very specific matters. At the location of Hudaybiyyah, when the rumor spread that the people of Makkah had martyred his emissary, Hadrat Uthman (RA), he took a pledge from his fourteen to fifteen hundred companions that they would not flee, and according to another narration, this was a pledge unto death.
- The women who migrated to Madinah after the Treaty of Hudaybiyyah or became Muslims at the conquest of Makkah, the Bay’ah was taken from them on a few specific matters according to the verse of “Surah Al-Mumtahanah”. Since these women were new Muslims, those things that were common in the days of ignorance were specifically mentioned. The Prophet (peace be upon him) even took Bay’ah from Muslim men on these same matters.
- Obedience to the Prophet (peace be upon him) is obligatory in all circumstances, and for the leaders and caliphs after him, the command for the Bay’ah of listening and obedience has also been given, but with the condition that if they call towards a sin, they will not be obeyed.
- The Bay’ah to a Caliph is so important that if another claimant to the caliphate emerges, the order has been given to strike his neck. This is so that disorder is not permitted in an Islamic state, and this is only possible when the Caliph has complete authority, can enforce the Hudud (legal punishments), and can make treaties of peace and war.
- While a Caliph is present, not obeying him and splitting from the Jama’ah are punishable offenses, and the death of such a person is the death of Jahiliyyah. The same applies to those who are ready to kill and fight based on some blameworthy partisanship (‘Asabiyyah) such as tribe, nationality, language, color, and party.
- After the era of the Umayyads, when the Abbasids came to the throne of the caliphate, but in far-flung areas like Andalusia, the Umayyad rulers established their own government, the scholars of the Ummah, to close the door to fitnah and corruption, agreed that at one time, there could be two separate caliphates in distant regions. And then, under this principle, in later periods, the kingdoms of Khurasan and India were also tolerated.
- The Sahaba (RA) did not give Bay’ah to the person who rebelled against the ruler of the time.
From all these details, it becomes clear that the scope of Bay’ah is limited to the “Imamat al-Kubra” (the great leadership/caliphate). Bay’ah can only be given to an Imam who holds actual authority, can enforce the Hudud (prescribed punishments), and can make treaties of peace and war. Whether he takes Bay’ah for Jihad, for any good deed, or for refraining from an evil. Taking Bay’ah is his right. However, if he wants to take Bay’ah for any un-Islamic act, he will not be obeyed at all.
The Bay’ah to a Pir and Murshid
In the circles of the esteemed Sufis, a new tradition has been introduced by the name of “Bay’ah for reformation and guidance” (Bay’at al-Islaah wal-Irshad), which is not found in the Khair-ul-Quroon (the best generations of Islam). If the purpose of this act is the reformation of people, then that can also be achieved from the mosque’s pulpit, the preacher’s sermons, the teacher’s instruction, and the advice of elders. And above all, the company of righteous people is a panacea for this task.
In the prevalent form of Bay’ah, the murid’s (disciple’s) firm commitment to adhere to commands, avoid prohibitions, and to bow his head in submission before every order of his Sheikh and Murshid without question, and the assurance to spend his life and wealth in obedience to him, is termed as Bay’ah.
Among the Deobandi Sufis, the meaning of Bay’ah is as follows. Maulvi Zakariya Sahab Tablighi writes:
“(…..Serve him, and be like a dead body before him, so he may dispose of you as he wishes, and you should have no desire of your own.” (Faza’il-e-Tabligh)
Whereas, there is no proof for the common Muslim’s prevalent Bay’ah at the hands of Sufis and Sheikhs. Look at the esteemed Sahaba (Companions), may Allah be pleased with them; they carried out extensive and unparalleled work of preaching, admonition, and invitation, but they never took Bay’ah from anyone in the capacity of a Sheikh.
Furthermore, the Shari’ah does not give its followers any command that is unnecessary and fruitless. What benefit can possibly be gained from giving Bay’ah at the hands of a Sheikh or Murshid who holds no authority? Even if, for a moment, it is accepted that this method could be effective for people’s reformation, it still cannot be accepted due to the following evils:
وَأَنَّ هَـٰذَا صِرَٰطِى مُسْتَقِيمًا فَٱتَّبِعُوهُ ۖ وَلَا تَتَّبِعُوا۟ ٱلسُّبُلَ فَتَفَرَّقَ بِكُمْ عَن سَبِيلِهِۦ ۚ ذَٰلِكُمْ وَصَّىٰكُم بِهِۦ لَعَلَّكُمْ تَتَّقُونَ
(Surah Al-An’am, Ayah No. 153)
"And, [moreover], this is My path, which is straight, so follow it; and do not follow [other] ways, for you will be separated from His way. This has He instructed you that you may become righteous."
And He said:
وَلَا تَكُونُوا۟ كٱلَّذِينَ تَفَرَّقُوا۟ وَٱخْتَلَفُوا۟ مِنۢ بَعْدِ مَا جَآءَهُمُ ٱلْبَيِّنَـٰتُ ۚ وَأُو۟لَـٰٓئِكَ لَهُمْ عَذَابٌ عَظِيمٌ
(Surah Aal-e-Imran, Ayah No. 105)
"And be not like those who became divided and differed after the clear proofs had come to them. And those will have a great punishment."
On one hand, religious sectarianism had begun in the Muslim Ummah, and on the other hand, countless orders (silsilas) came into existence in the name of Tariqat (the spiritual path). Then, each order became an independent sect and group. The Prophet (peace be upon him) had identified the sign of the saved group as: (ما أنا علیہ وأصحابي) “That which I and my companions are upon.” But completely contrary to this, every founder of an order and every group that is established on the basis of Bay’ah is saying through its actions: “ما أنا علیہ و سلسلتي أو حزبي” “Meaning, that which I am upon, and my order or my party.” Consequently, leaving this order or group means that the person has effectively left Islam.
For example, I present an incident mentioned by Maulana Sanaullah Amritsari (may Allah have mercy on him), which was published in his journal “Ahl-e-Hadith” Amritsar, in the issue of March 17, 1924. He writes:
“Here I present an incident before the readers without any alteration.
Hafiz Aziz-ud-Din Muradabadi (who in my opinion is a righteous man) was a murid (disciple) of Maulvi Ashraf Ali Thanwi. After the Bay’ah, he researched the issue of Taqlid (following a school of jurisprudence) and changed from a Muqallid to a Ghair-Muqallid, but he did not harbor any ill feelings towards the late Maulana. Despite this, a postcard from the Maulana (which I have seen with my own eyes) reached him, the content of which was: “Due to your becoming a Ghair-Muqallid, I expel you from my circle of Bay’ah. Our relationship of Pir and Murid is now over.” (Or words to that effect) Why did this happen? The answer is beyond our comprehension.”
(Fatawa-e-Sana’iya: 1/356)
Giving Bay’ah to a Sheikh supposedly provides salvation from the punishment of the grave. First, read this story and then observe the commentary:
“Sheikh-ul-Islam Khwaja Fariduddin Ahmed said that it was the custom of his grandfather-in-faith, Sheikh Moinuddin Hasan Sanjari Chishti Ajmeri (may his noble soul be sanctified), that whenever a neighbor passed away from this world, he would accompany the funeral procession, and after the people returned, he would sit at the grave and recite the supplications (durood) that he used to recite at such times. Then he would return. It so happened that one of his neighbors in Ajmer passed away. As per his custom, he went with the funeral. When he was buried and the people had left, the Khwaja remained there and after a short while, he stood up. Sheikh-ul-Islam Qutbuddin says that I was with him. I saw that his color kept changing, then it returned to normal. When he stood up from there, he said: ‘Alhamdulillah! Bay’ah is a very good thing.'”
“When Sheikh-ul-Islam Qutbuddin Awshi asked him, he replied that when the people had left after burying the man, I was sitting there. I saw the angels of punishment arrive and they intended to punish him. At that very moment, Sheikh Usman Harooni (his Pir, d. 634 AH), may his noble soul be sanctified, appeared and said, ‘This person is one of my disciples.’ When Khwaja Usman said this, a command was issued to the angels to say: ‘He was against you.’ The Khwaja replied: ‘Indeed, although he was against me, since he had attached himself to this humble servant, I do not wish for him to be punished.’ A command was issued: ‘O angels! Remove your hands from the Sheikh’s disciple, I have forgiven him.’ Then tears welled up in the eyes of the Sheikh-ul-Islam and he began to say that attaching oneself to someone is a very good thing indeed.”
(Reference: Shariat wa Tariqat by Maulana Abdur-Rahman Kilani: p. 305)
SubhanAllah! There is no need to act on the Shari’ah, no regard for the Book and Sunnah; the Sheikh’s Bay’ah has become a ticket to paradise. And then observe how the Book and Sunnah have been torn to shreds here. Allah is the Knower of the Unseen, but here the Sheikh is witnessing the entire affair of the punishment in the grave. The Messenger of Allah used to speak with the angel Jibril (AS), here the Sheikh is debating with the angels of punishment.
According to the Hadith, the Prophets, martyrs, and the righteous will be given the opportunity for intercession on the Day of Judgment. Here, intercession is being made right before the punishment of the grave, which immediately passed through the stages of acceptance.
Recall the authentic hadith in which the Prophet (peace be upon him) passed by two graves, both occupants of which were being punished in the grave, and the Prophet (peace be upon him) placed a branch on both graves, and it is mentioned that their punishment was lightened until the branches dried up. The Prophet (peace be upon him), who was informed by divine inspiration about the punishment of two individuals in the grave, they were certainly Muslims and were within the Bay’ah of the Prophet (peace be upon him), but this Bay’ah did not benefit them. To the extent that the Messenger of Allah (peace be upon him) prayed for them and, as a sign, also placed two branches, until which dried up, their punishment was lightened.
Is this one evil not enough to expose the reality of this alleged Bay’ah?
Since Tariqat and Bay’ah are inseparable, new wonders keep blooming in this regard.
Maulana Abdur-Rahman Kilani (may Allah have mercy on him) writes:
“In the matter of Bay’ah, the Sufis have performed another splendid feat. When they saw that Owais Qarni neither saw the Messenger of Allah (peace be upon him) nor gave him Bay’ah, they arranged for their souls to give Bay’ah to each other and named it the ‘Uwaysi connection’ (Nisbat-e-Uwaysia), thus removing this obstacle from the path forever. Whenever they see that a meeting between a certain Sheikh and another is not proven, or the disciple was born long after the Pir’s death, they establish this same Uwaysi connection to continue their chain and carry on with their work.”
(Shariat wa Tariqat: p. 433)
To justify these wrong customs, such corrupt interpretations (ta’wilat-e-fasidah) of the texts of the Quran and Sunnah are made that a person is left holding his head in his hands.
Ibn al-Jawzi (may Allah have mercy on him) writes:
Muhammad bin Tahir writes in his book: “The Sheikh placing a condition on his disciple about wearing patched clothes (murraqa’a), and presenting as evidence the hadith of Ubadah bin Samit that we pledged allegiance to the Messenger of Allah (peace be upon him) that we would listen and obey in difficulty and ease.” Look what a fine point has been extracted, connecting the Sheikh’s aforementioned condition on his disciple to the Bay’ah of Islam to the Messenger of Allah (peace be upon him), which is not only obligatory, but the obedience to the Messenger himself is also obligatory.”
(Talbis Iblis: p. 192)
If the Muslim Ummah is like a large ship, then these different sects and paths are like small boats. In a severe storm, the ship survives, but the small boats sink. It is astonishing why people leave the ship of the Book and Sunnah to board these barges (small boats), when the sea is full of turbulence and the boat can sink at any moment.
Doubts of the Proponents of Bay’ah
And finally, let’s examine a few doubts that are presented by the proponents of Bay’ah:
First Doubt
“Even if three people are traveling, there is an order to appoint one as an Amir (leader). How much more so for a whole community without an Amir?”
Rebuttal
Appointing an Amir during travel is proven from the hadith of the Prophet (peace be upon him), but there is no mention of Bay’ah there, and this leadership ends with the end of the journey. In other words, for the sake of temporary discipline, obedience to such an Amir has been made obligatory, but it cannot be compared to the Imamat al-Kubra (the great leadership/caliphate) where a second claimant to leadership is not tolerated, but rather his neck is struck.
Second Doubt
“The Bay’ah of reformation and guidance should be understood like the leadership (imamat) in prayer, meaning the minor leadership (imamat sughra) cannot be separated from the major leadership (imamat kubra).”
Rebuttal
Like the leadership of a journey, the leadership of prayer also ends with the prayer. As soon as the Imam says ‘Assalamu Alaikum wa Rahmatullah,’ the relationship between the follower and the Imam ends. Secondly, in the presence of the Caliph of the time, was only one congregational prayer arranged, or were prayers not held in every region, rather in every neighborhood mosque?
Hadrat Mu’adh bin Jabal (RA) used to pray the Isha prayer with the Prophet (peace be upon him) and then go to the outskirts (Awali) to lead the people of his neighborhood in prayer. But after giving Bay’ah to the Imam of the time or the present Caliph, was there a partial Bay’ah in every city or every neighborhood that every Murshid would consider permissible for himself? At least in the era of Khair-ul-Quroon, there was no trace of such a Bay’ah. After the first three centuries (the time of the Prophet, the time of the Sahaba, the time of the Tabi’in, and the Taba Tabi’in), just as the innovation of sectarianism emerged, the door to Bay’ah of reformation and guidance at the hands of Mashaikh (sheikhs) was also opened in the name of Sufi orders.
The statement of the Prophet (peace be upon him) is:
“Whoever dies in a state where he did not have the collar of Bay’ah around his neck, he dies a death of Jahiliyyah (pre-Islamic ignorance).”
(Sahih Muslim: Hadith No. 1851)
Meaning, when there is a leadership/caliphate, at that time Bay’ah is obligatory. It should be clear that this command is also conditional upon ability (istita’ah).
Similarly, all the commandments of Shari’ah are conditional upon ability. If a person has the ability to perform Hajj but all routes to the Kaaba are blocked, whether due to war or any other reason, then performing Hajj will not be obligatory on such a person until the routes open up. Although a similar warning is given for those who do not perform Hajj.
Similarly, a severe punishment has been warned for those who do not pay Zakat, but a person who does not possess enough wealth on which Zakat is obligatory is exempt from paying Zakat.
In ablution (Wudu), washing hands and feet is necessary, but if someone’s hand or foot is amputated, how will he wash it?
Exactly in the same way, if a Caliph exists who holds authority, can enforce the Hudud (legal punishments), can raise the banners of peace and war, and can implement the Quran and Sunnah, then wherever his authority extends, Bay’ah to him is obligatory for all people. If they do not give Bay’ah, they will die a death of Jahiliyyah according to the aforementioned hadith. But if such a Caliph does not exist at all, then this ruling will also be nullified due to the absence of the object of Bay’ah. And similarly, for those people who live outside the jurisdiction of a Caliph, the Bay’ah to such a Caliph will not be obligatory.
Because it is only permissible to give Bay’ah to the Caliph and Imam of the Muslims. The Ahl al-Hall wal-Aqd (the people who solve and bind, i.e., the scholars, notables, and government officials) will give him Bay’ah, which will establish his authority. It is not necessary for the general public to give him Bay’ah. It is only incumbent upon them to obey him in obedience to Allah.
Imam al-Marizi says:
’’يَكْفِي فِي بَيْعَةِ الإِمَامِ أَنْ يَقَع مِنْ أَهْل الْحَلِّ وَالْعَقْدِ وَلا يَجِب الاسْتِيعَاب , وَلا يَلْزَم كُلّ أَحَدٍ أَنْ يَحْضُرَ عِنْدَهُ
وَيَضَع يَدَهُ فِي يَدِهِ , بَلْ يَكْفِي اِلْتِزَامُ طَاعَتِهِ وَالانْقِيَادُ لَهُ بِأَنْ لا يُخَالِفَهُ وَلا يَشُقَّ الْعَصَا عَلَيْهِ انتهى‘‘
(Quoted from Fath al-Bari)
“For the Bay’ah of the Imam, the Bay’ah of the Ahl al-Hall wal-Aqd is sufficient. A comprehensive Bay’ah (from everyone) is not obligatory. It is not necessary for every individual to come to the Imam and place his hand in his. Rather, it is sufficient for him to commit to his obedience and submit to him by not opposing him and not splitting from the main body.”
Imam an-Nawawi says in his commentary on Sahih Muslim:
’’أَمَّا الْبَيْعَة : فَقَدْ اِتَّفَقَ الْعُلَمَاء عَلَى أَنَّهُ لا يُشْتَرَط لِصِحَّتِهَا مُبَايَعَة كُلّ النَّاس , وَلا كُلّ أَهْل الْحَلّ وَالْعِقْد , وَإِنَّمَا يُشْتَرَط مُبَايَعَة مَنْ تَيَسَّرَ إِجْمَاعهمْ مِنْ الْعُلَمَاء وَالرُّؤَسَاء وَوُجُوه النَّاس , . . . وَلا يَجِب عَلَى كُلّ وَاحِد أَنْ يَأْتِيَ إِلَى الأَمَام فَيَضَع يَده فِي يَده وَيُبَايِعهُ , وَإِنَّمَا يَلْزَمهُ الانْقِيَادُ لَهُ , وَأَلا يُظْهِر خِلافًا , وَلا يَشُقّ
الْعَصَا انتهى.‘‘
“The scholars have agreed that for the validity of the Bay’ah, it is not a condition that all the people or all the Ahl al-Hall wal-Aqd give it. It is only required that those scholars, leaders, and notables whose consensus is easily obtainable give the Bay’ah. It is not obligatory on every single person to come to the Imam and place his hand in his hand and give him Bay’ah. Rather, what is required of him is submission to him, and that he does not show opposition, and does not split from the main body.”
And all the hadiths concerning Bay’ah refer to the Bay’ah to the Imam. They do not refer to the Bay’ah to other individuals or groups.
Sheikh Saleh Al-Fawzan says about such pledges:
” البيعة لا تكون إلا لولي أمر المسلمين ، وهذه البيعات المتعددة مبتدعة ، وهي من إفرازات الاختلاف ، والواجب على المسلمين الذين هم في بلد واحد وفي مملكة واحدة أن تكون بيعتهم واحدة لإمام واحد ، ولا يجوز المبايعات المتعددة
[ المنتقى من فتاوى الشيخ صالح الفوزان 1/367]
“Bay’ah is only to be given to the ruler of the Muslims. These multiple pledges are an innovation (bid’ah) and are a product of differences. It is obligatory upon the Muslims who are in one country and under one kingdom that their Bay’ah be one, to one Imam. Multiple pledges are not permissible.”
After the abolition of the Ottoman Caliphate in 1924, first, Muslim countries were dominated by colonialism—India itself was at the forefront of British colonialism for 100-150 years. When there was no Caliph, to whom could Bay’ah be given? When Muslim countries started gaining independence, most adopted democratic or authoritarian systems, and the method of Bay’ah that was conducted through the consultation of the Ahl al-Hall wal-Aqd was abandoned. Therefore, the system of Bay’ah also became suspended. Now, wherever a system is established to any degree that implements the Book and Sunnah, the government begins only after the Bay’ah to the king.
Third Doubt
What is the harm if the Bay’ah of reformation and guidance is taken as a form of “covenant”? Would it still be said that this was not practiced among the Salaf-us-Saliheen (righteous predecessors)?
Rebuttal
Abu Nu’aym al-Isbahani, in his book Hilyat al-Awliya (2/204), after mentioning his chain of narration, narrates this account from Mutarrif bin Abdullah bin Shikhkhir (a Tabi’i) that they used to visit Zayd ibn Suhan, who would say:
“O servants of Allah! Be honorable and beautify (your deeds)! The servants can reach Allah through two means: fear and hope.”
One day we came to him and saw that (the students) had written a text with this content:
“Allah is our Lord, Muhammad (peace be upon him) is our Prophet, the Quran is our Imam. Whoever is with us, we are with him and for him. Whoever opposes us, our hand will be against him and we will do such and such.”
Then he took this document and said to each person one by one:
“O so-and-so! Do you affirm this?” Until it was my turn, and he said: “O boy! Do you also affirm?” I said: “No.” They said: “Don’t be hasty about this boy.” Then he asked me: “Boy! What do you want to say?” I said: “Allah has taken a covenant from me in His Book, and after that covenant, I am not bound by any other covenant.” Upon hearing this, all the people retracted from that covenant; not a single one affirmed it. I asked Mutarrif: “What was your number?” He replied: “About thirty men.”
(Reference: Arabic booklet: “Bay’ah, between Sunnah and Bid’ah” by Sheikh Ali Hassan)
Imam Ibn Taymiyyah (may Allah have mercy on him) has explained this issue with great clarity. He says in a fatwa:
“Even if people gather to cooperate on obedience to Allah and His Messenger and on righteousness and piety, still, every person will not assist another person in everything, but only to the extent where there is obedience to Allah and His Messenger. If there is disobedience to Allah and His Messenger, he will not support it. These people will cooperate with each other in truth, justice, goodness, enjoining good, forbidding evil, helping the oppressed, and in every deed that is pleasing to Allah and His Messenger. They will not cooperate on oppression, nor on any ignorant partisanship, nor on following desires, nor on sectarianism and discord. Nor will they cooperate by tying a belt around their waist to obey every word of a person, nor will they participate in any oath that is against the command of Allah and His Messenger.”
“It is not permissible for any of these people to tie a belt around their waist for the sake of their own or someone else’s teacher. And as asked in the question, tying a belt for a specific person or attributing oneself to him is one of the innovations of Jahiliyyah (pre-Islamic ignorance) and is like the oaths that the people of Jahiliyyah used to take, or like the sectarianism of Qays and Yemen. If by tying it, the intention is to cooperate in righteousness and piety, then Allah and His Messenger (peace be upon him) have commanded this without any such bond. And if the intention is to cooperate in sin and transgression, then that is forbidden anyway. Meaning, if the purpose is to do good in this way, then the guidance for this is fully present in the teachings of Allah and His Messenger (peace be upon him); there is no need for this (connection) with a teacher. If evil is the purpose, then Allah and His Messenger have already declared it haram…”
“It is not permissible for anyone to take a pledge from another person to obey his every word, or on the basis that ‘whoever is my friend, you befriend him, and whoever is my enemy, you be his enemy.’ Rather, such a person is like Genghis Khan and his followers, who consider everyone who agrees with them as their friend and supporter, and consider everyone who opposes them as their worst enemy. Rather, they should remember the covenant made with Allah and His Messenger (peace be upon him), that obedience is only to Allah and His Messenger.”
“He must do only what Allah and His Messenger have commanded, and declare as haram everything that Allah and His Messenger have declared as haram. He must certainly respect the rights of his teachers and sheikhs, but only as much as Allah and His Messenger have commanded to respect. If someone’s teacher is oppressed, he should help him. If he is an oppressor, he should not assist him in his oppression but rather stop him from oppressing.” As is proven from the authentic hadith: The Prophet (peace be upon him) said: “Help your brother, whether he is an oppressor or is being oppressed.” It was asked: “We help him when he is oppressed, but how can he be helped when he is an oppressor?” He (peace be upon him) said: “You stop him from committing oppression, that is helping him.”
(Fatawa Ibn Taymiyyah: 8/16-18)
Then you see that even after the Prophet Muhammad (peace and blessings be upon him), how many great companions were present in different regions besides the Caliph of the time, yet no one gave Bay’ah to any other companion besides the Caliph of the time, even for doing good or leaving sin. No Tabi’i gave such a Bay’ah to any companion. No Imam, including Imam Abu Hanifa (may Allah have mercy on him), neither took Bay’ah nor gave Bay’ah to anyone. If this practice had been established from the Prophet Muhammad (peace and blessings be upon him), the companions (may Allah be pleased with them all) would surely have continued this practice, and everyone would have had hundreds of thousands of disciples. But because this is an innovative act instead of a Sunnah, we do not find any proof of this prevalent Bay’ah from the Salaf-us-Saliheen either.
As for the saying that “Whoever has no Pir, his Pir and Murshid is Shaytan (Satan),” there is not even a weak hadith to this effect, and this statement is based entirely on ignorance. This statement is indeed correct for the person who has thrown off the collar of obedience to the Prophet (peace be upon him) from his neck. But to attribute a person to Satan who only attributes himself to the Messenger of Allah and his hadith is to waste one’s faith. The requirement of “ما أنا علیہ وأصحابي” (“That which I and my companions are upon”) is to refrain from every act that does not have the seal of prophethood on it and which was not done by the esteemed companions (RA).
May Allah the Almighty grant all who profess the Kalimah the ability to fulfill the covenant of obedience to Allah and His Messenger.
(And Allah the Almighty knows best what is correct)
Reference: https://alfurqan.info/problems/1286
