Yes, the Caliphate, which Ahle Sunnat believe in, does not demand any of
the above mentioned conditions, because according to them Caliph is anyone,
who manages to gain power, who cuts off the hand of thief, takes retaliation from
the killer, defends the boundaries, maintains general peace and performs such
other functions.
If he commits a transgression, he is not removed from his post, and is not
condemned due to apparent commission of sinful acts. If he is ignorant, it is not a
defect in him. If he commits mistakes, he is not accountable for them. And the
presence of no positive quality is a condition in him. In all these instances, he has
the right to condemn and punish others, but he is never condemned for
committing them!
Baqilani’s statement
In Tamhid,1 Baqilani says regarding qualities of the Imam, to whom
allegiance is obligatory:
If someone asks: What in your view is the requirement of an imam to whom
allegiance is given?
I would reply: “He should have some qualifications: one of them being that
he should be a pure Quraishi.
He should have enough knowledge to adjudicate among Muslims.
He should be capable of leading armies and defending the principles of
Islam and Ummah; as well as seeking revenge from oppressors and restoring
rights of oppressed; and have insight for every exigency related to Islam.
He should not be one, who gives in to feelings in imposing penalties and at
the same time, he should not be hasty in punishing.
In knowledge and all qualities, in which precedence is possible, he should be
superior to all; but the imamate of superior is fraught with some obstacles as in
that case, the appointment of inferior is lawful.
It is not necessary for him to be infallible, to know the unseen, to be the
most valiant person of Ummah or to be only from Bani Hashim.”
He also mentioned:2
“Senior scholars of gnosis and masters of traditions have said that: Imam is
not dismissed due to commission of transgression and sins, like usurpation of
wealth, whipping, unjust killing, usurping rights, suspending divine limits; and
staging an uprising against him is not obligatory.
On the contrary, it is necessary to advise and warn him and he should not be
obeyed in disobedience to divine commands and regarding this they have argued
through numerous traditional reports from the Prophet and companions regarding
obligation of obeying rulers, even if they are unjust and they usurp the wealth of
people among them being that His Eminence said:
“Listen and obey, even though it might be a slave, whose nose is cut off and
even if he is a black slave and pray behind every righteous and sinful man.”
It is also narrated that he said: “Obey them even if they usurp your property
unrightfully and even if they have lashed you. You should obey them as long as
they keep the prayers established.”
Allamah Amini says: There is a traditional report, which proves the
incumbency of rulers, even if they resort to oppression and confine nationals
wealth to themselves and that the ruler is not dismissed on the basis of
transgression as Baqilani has hinted at this.
There is a report narrated from Huzaifah bin Yaman that he said: I asked: “O
Messenger of Allah (s.a.w.a.), we were living in times of mischief and Almighty
Allah brought well being for us, and now there is peace and prosperity; is there
mischief after this goodness?”
He replied: “Yes.” He asked: “How?” He replied: “After this there would be
rulers, who would not be guided by my teachings, and they will not act according
to my Sunnah and among them will be men having hearts of Shaitan in human
bodies.”
I asked: “What should I do if I live at that time?” He replied: “You should
obey the ruler even if he lashes you and seizes your property. You should listen
to him and obey him.”3
Majority of Ahle Sunnat, following these traditions, have said: “The imam
cannot be dismissed, even if he commits transgression.”
Nawawi in Sharh Sahih Muslim4 in the gloss of Irshadus Sari, under the
explanation of these traditions. which are mentioned in Sahih Muslim, says:
“Senior jurists, tradition scholars and Ahle Sunnat scholastic theologians say
that the Caliph is not automatically dismissed for committing transgression,
injustice and suspending divine limits; and he also is not sidelined and staging an
uprising against him is not obligatory. On the contrary he should be advised and
warned.”
Allamah Amini says: Thus, Ayesha, Talha and Zubair and the pledge- breakers, who followed them, and the Khawarij; what excuse they have for
revolting against Ameerul Momineen (a.s.), even supposing that he (a.s.) had
given refuge to killers of Uthman and had (God forbid) suspended divine limits;
but what happened to acting on these traditions that Ummah regards valid?
Taftazani’s statement
Taftazani has written in Sharhul Maqasid:5
“There is no requirement that an imam should be a Hashemite, an infallible
or be superior to others.”
And he has written:6
“If the ruler dies and one, who has the conditions of imamate, without
pledge of allegiance and without being introduced by previous Caliph, he
becomes an imam through force, the Caliphate will be established for him. And
even if he is sinful and ignorant. But in that case he is not obeyed, and obedience
of the command of the imam is obligatory as long as it is not opposed to Shariah,
whether the imam is just or unjust.”
Qadi Eiji’s7 statement
He writes in Mawaqif:8
“Senior scholars believe that the imam:
Should be an expert in principles and laws of religion, so that he may
establish all the issues related to religion.
He should be decisive, so that he may discharge the duties of his dominions.
He should be brave, so that he may defend the basis of religion and its
dominions.
He should be just, so that he should not commit injustice.
He should be intelligent, so that he has the capability on his discretions.
He should have come of age, as the intellect of immature person is deficient.
He should be male, as intellect and religion of a female is deficient.
He should be free, so that his service should not keep him engrossed and he
should not be regarded as lowly that he might be disobeyed.
These qualities by consensus are necessary and qualities, in which there is
debate whether they are necessary or not are as follows:
1. That he should be Quraishi.
2. That he should be from Bani Hashim. The Shia have placed this condition.
3. He should be learned about all issues of religion. The Imamiyah have
placed this condition.
4. Miracles should be performed at his hands, so that the truthfulness of his
claim of Imamate should be proved. This condition is placed by the extremists m(Ghulat).
And the last three conditions are invalid, because Abu Bakr became Caliph and he was not having those three conditions.
5. He should be infallible; the Imamiyah and Ismailiya have placed this
condition. This condition is also invalid, because according to consensus,
infallibility of Abu Bakr was not obligatory.9