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ABSTRACT
This paper explores the nature and meaning of bay'ah in the historical perspective and explores its significance in Muslim socio-political thought. The study also attempts to examine various socio-political and legal dimensions of bay'ah that were exercised by the Messenger of Allah, Muhammad (peace be on him) and the four Rightly Guided Caliphs (al-Khulafa' al-Rashidun). An attempt has been also made to study the theory of bay'ah in the discussions of the classical fuqaha' and mutakallimun and its application to the socio-political structure of the Muslim society of that era. A comparison between the views of the fuqaha' and practices of the Messenger of Allah (peace be on him) and the early caliphs has also been under taken. Thus this study presents the programmatical dimension of bay'ah for contemporary scholars who are interested not only in the Islamic politico-legal thought but also in the experiences of khayr al-qurun (the best of eras/the model society) searching principles and practices for good governance in the contemporary Muslim Societies.
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Introduction
Bay'ah (pledge of allegiance) is the sine qua non of the institution of Khilafah. The leading fuqaha' of the early period have described it as a vital politico-legal principle which lends validity to the ummah's contract with the in coming caliph. It is regarded as a solemn promise which the ahl al-hall wa al-'aqd and the general public make with the new caliph chosen by them. Two methods, namely ikhtiyar and 'aqd, for confirmation of the khilafah of a caliph had been in practice in the politico-legal system of the early Muslim society. Full treatment of the two methods of choosing a caliph is beyond the scope of this paper and the present author has discussed it in full elsewhere.1 According to fuqaha', in both the methods the modus operandi is bay'ah which is necessary for confirmation and finalization of the contract of khilafah.
The bay'ah, as a socio-political principle, was practiced throughout the Rashidun period. The choosing (ikhtiyar) of all the al-Khulafa' al- Rashidun was solemnized by the notables and leading personalities of the time and then followed by bay'ah of general people. Bay'ah was considered to be an agreement between khalifah and the public leaders which was...