in category Fiqh (Jurisprudence)

What is the scholarly opinion on the nature of the fard of establishing khilafah - is it fard ayn or fard kifaya?

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Re-establishing the khilafah is a Fard Kifayah that has a time limit of 3 days before everyone who knows about the absence of the khilafah becomes responsible and sinful for not doing anything about it.

The time limit of 3 days is established by Ijma Al-Sahaba, where Umar (ra) gave the 6 Mubashireen bil-Janna(given glad tidings of Janna) 3 days time limit or to kill them if they continued to dispute it after that time limit. It is also established by the time limit the Sahaba set for themselves after the passing of Rasul Allah (saw).

It is a Fard Kifayah and not a Fard Ayn because - aside from the above example of IjmaAs-Sahaba - it is also naturally not something that the entire Umma would always be involved in. Normally, Ahl Al-Halli wal Aqd would take care of choosing the khalifah and keeping the khilafah running. But if the Umma neglects it, then the people around the khalifah would be responsible, then those in the capital (for example) and the responsibility would continue to extend to everyone of influence in the Umma, then it would extend to everyone in the Umma who knows of the absence of a khalifah and/or the absence of the khilafah.

We are obviously past the 3 day time limit and therefore everyone in the Umma who is aware of the Fard of having a khilafah is now sinful for not working towards re-establishing it.

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