The Pledge of Allegiance in Islamic Political Jurisprudence: Its Formula, Parties, and Legal Rulings

Abstract

This study examines the Bayʿah (pledge of allegiance) as a legal contract in Islamic political jurisprudence, focusing on its legal definition, contractual parties, formula, and juridical rulings. It aims to clarify the legal nature of Bayʿah by treating it as an independent Sharīʿah contract rather than merely a historical or political practice. The research adopts inductive and deductive methodologies, drawing upon relevant Qur’anic verses, Prophetic traditions, and the opinions of classical Muslim jurists to analyze the legal framework governing Bayʿah and its role in the appointment of political leadership. The study finds that the legal ruling of Bayʿah is determined by the method through which the ruler assumes authority. When leadership is established through the choice of Ahl al-Ḥall wa al-ʿAqd (those qualified to elect and bind), Bayʿah constitutes a collective obligation (farḍ kifāyah), as the appointment of an Imam cannot be completed without it. In cases of succession (istikhlāf), jurists differ according to whether succession itself constitutes a binding appointment or merely a nomination requiring a subsequent Bayʿah. Conversely, Bayʿah is not regarded as a prerequisite where authority is acquired through political domination (taghallub), since such rule is recognized on grounds of necessity to preserve public order. The study further examines the qualifications of the contracting parties, the required number of electors, the legal wording of the contract, and the rulings concerning handshaking, witnessing, and oaths associated with Bayʿah. It concludes that Bayʿah possesses a distinct contractual structure and legal consequences that distinguish it from other contracts in Islamic jurisprudence.