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BAY'AT IN SHARI'AH

Reality of Bay’at in Shariah

The proof of taking the Bay’at is abundantly found in the Aayat of the Holy Qur'aan, and in the noble sayings of our beloved Prophet, Rasulullah Sallallahu Alayhi Wasallam.

Two Aayat of the Holy Qur'aan are presented as examples:

Those who are swearing allegiance unto thee (Muhammad) In reality they are swearing allegiance to Allah the Exalted, because the object of this allegiance is to obey the Commandments of Allah the Exalted, and when this is so, then the hand of Allah is above their hands. Then (after allegiance) If anyone who would break his oath or covenant (that will exhibit opposition instead of obedience) then the punishment of breaking the covenant will fall on him, and he who fulfills the covenant which he has made with Allah (in his "Oath of Allegiance") then Allah will bestow on him an immense reward in near future. (Al-Qur'aan 48:10)

O! Nabi Muhammad Sallallahu Alayhi Wasallam when the Muslim women come to you (with the object) of taking the Bay’at (Oath of Allegiance) on the following points that they will not join any partner with Allah the Exalted, will not commit theft, nor commit adultery, nor kill their children, nor will produce any illegitimate child forging falsely (that it Is from the sperm of their husband.) (In the age of ignorance, it was a custom of Arabian women to rear up a child of someone else, and claimed that it was the child from their own husband, or committed fornication and the illegitimate child so born was ascribed to their own husband, which besides the major sin of adultery, the sin of ascribing the child of someone else, to their husband is also involved on which great warning of punishment has been foretold in the sayings of Muhammad Sallallahu Alayhi Wasallam as related to in Abu Dawood and Nisaai) and will not disobey you in Islamic Canonical Laws (which include all religious commandments. Then If those women accept all these conditions which form the basis of faith and acting upon them, perfects one's faith) then accept their Bay’at and ask Allah to forgive (the previous sins.) Verily Allah is Forgiving, Merciful. (Al-Qur'aan 60:12).

The Holy Qur'aan and the sayings of Rasulullah Sallallahu Alayhi Wasallam are full of such references regarding the Bay’at. Presenting all of them here will make the subject very lengthy. Whilst I was in Madinah, I found a speech, in a cassette recording of the learned scholar, the late Maulana Husain Ahmad Madni Rahmatullah Alayh. I requested my spiritual guide to hear it. After listening to it, he ordered that it be printed, which was subsequently published under the title "Shar'ee status of Bay’at". This contains many sayings of Rasulullah Sallallahu Alayhi Wasallam concerning this subject. In one of the books of my Murshid (spiritual guide) entitled "Inseparability of Islamic Canonical Law with that of spiritual Sufistic Orders~, many sayings of Rasulullah Sallallahu Alayhi Wasallam has been mentioned. Those who are interested should read those books.

Definition of Bay’at

Mufti Muhammad Shafi Rahmatullah Alayh writes: The words Bay’at in fact means to take a promise for performing some special deed. Its customary method according to the practical way Sunnah of Rasulullah Sallallahu Alayhi Wasallam Is to place the hands of both persons one on top of the other, although placing the hands above one another is not compulsory. If you make a promise to do something, then it becomes religiously incumbent on you to keep it, and breaking your promise is unlawful. (Ma'areful Qur'aan)

Kinds of Bay’at

Rasulullah Sallallahu Alayhi Wasallam had taken the Bay’at at different times on different occasions. He had taken such covenants, at the time of accepting Islam, or for performing actions according to all the Commandments of Islam. Some times, Rasulullah Sallallahu Alayhi Wasallam had taken the Bay’at for abstaining or avoiding certain sins, or for doing particular deeds.

Thus there are different kinds of Bay’at:

Bay’at for Islam: Is defined as when an infidel or a polytheist discards his previous convictions, seeks repentance and makes a covenant to accept Islam, it is called Bay’at in Islam.

Bay’at for Jihad: This was done at the time of Be'it Ridwan In Hudaibiyah when Rasulullah Sallallahu Alayhi Wasallam had taken Bay’at from his Sahaba Radiallahu an hum, that if there would be a need of fighting against the enemies of Islam, then they would not desert the battlefield, but would face the enemy until the end.

Bay’at for Caliphate: This is the Oath of Allegiance accepting a Vying person as the Caliph of the Muslims, who would rule over them. After the death of Rasulullah Sallallahu Alayhi Wasallam the Sahaba Radiallahu an hum of Rasulullah Sallallahu Alayhi Wasallam unanimously accepted Abu Bakr Siddiq Radiallahu anhu as their Caliph and took the Oath of his Allegiance, and this system continued in this manner.

Bay’at against committing major sins: As has been stated above with reference to Ayah 12 of Surah 6O.

There are many incidents in the Ahadith of Rasulullah Sallallahu Alayhi Wasallam that he took an Oath of Allegiance from men and women that they would not make NOHA*.

Taking an Oath for performing Islamic deeds: Auf bin Malik AshJaee Radiallahu anhu relates that there were 8 or 9 persons sitting in the company of Rasulullah Sallallahu Alayhi Wasallam when he asked, "Why do you not take an Oath of NOHA."

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Allegiance on the hand of Rasulullah Sallallahu Alayhi Wasallam?"

"We extended our hands, and asked him what was the issue on which we were to take the Oath of Allegiance; O Rasulullah Sallallahu Alayhi Wasallam?"

Rasulullah Sallallahu Alayhi Wasallam said: "On these issues: Worship only Allah and do not Join partners with Him, perform 5 daily prayers and hear and obey all commands." Rasulullah Sallallahu Alayhi Wasallam also added some thing in low tones, which was "Do not beg anything from anyone". The narrator says that he had observed the Companions of Rasulullah Sallallahu Alayhi Wasallam to the extent, that if the whip of a horse had dropped from their hands, they would not ask anyone to pick it up for them, but would dismount and would pick up the whip themselves. (Hayatus Sahaba, Tabrani, Abu Nuaim, AlHakim, Al-Baihaqi and lbn Asakr etc.)

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In this manner, there are clear proofs that Rasulullah Sallallahu Alayhi Wasallam took Bay’at on the occasion of migration, victory, on death and on other deeds and occasions.

Saintly Oath of Allegiance: Regarding this Shah Waliullah Rahmatullah Alayh writes in the book Al-Qaulul Jameel, the Bay’at which is inherited from the Saints (mystics) can be given for many purposes.

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1. The Bay’at to avoid committing sins and to make sincere repentance.

2. The Bay’at for blessing or benediction, which means to enter the fold of the righteous people to attain auspiciousness, which is proved by a chain of authoritative sayings of Rasulullah Sallallahu Alayhi Wasallam.

3. The Bay’at for leaving overt or covert forbidden things, and making a firm intention to act sincerely on Divine Commands, and attaching your heart to Allah the Exalted and Sublime.

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This third kind is most fundamental. In the first two kinds, the aim is to leave all major sins without insisting on minor ones, and to practice all the ways of ordained obedience, such as "Sunnat Muakkadah".

The breaking of this Oath will involve persisting on committing major or minor infractions against ordained Commandments of obedience. In the third one, fulfilling the Oath means continuous steadfastness for migration, or striving in the path of Allah, or performing spiritual exercises, until one attains a light of satisfaction, and it becomes his instinctive voluntary habit. In such a condition, he is allowed to enjoy certain things which are permitted in the Canonical Law of Islam; or to keep himself busy in certain activities, the completion of which requires a long time, such as courses of religious sciences or judicial matters. The breaking of Oath refers to the condition of making it defective before achieving any enlightenment of the heart. (Shariat-u-Tariqat Ka Talazum Pg. 124)

This type of Bay’at can be continuously traced since the days of Rasulullah Sallallahu Alayhi Wasallam. In Quranic terminology it is called TAZKIYAH, and in the tradition of Rasulullah Sallallahu Alayhi Wasallam it is called IHSAN which is mentioned in the "Hadith of Jibraeel". Later, it was entitled as Tasawwuf or Mysticism. The order of spiritual leaders and their disciples is an offshoot of this system. The four major tasks for which Rasulullah Sallallahu Alayhi Wasallam was responsible, which are mentioned in 4 places in the Holy Qur'aan. One of them Is Tazkiya (the purification of self) as Allah the Almighty says:

"It is He, who sent a Prophet for the illiterate people (of Arabia) who was from their own (nation), and who recites before them the Aayat of Divine Revelation, and purifies them (from false convictions, and immoral practices) and teaches them the "Book" (Al-Qur'aan) and words of wisdom (which include all internal or external branches of religious sciences)." (Surah 62 Ayah 2)

Rasulullah Sallallahu Alayhi Wasallam used to train and purify his Sahaba Radiallahu anhum. If he detected any special (spiritual) disease, he would pay special attention for its reformation, and adopt different methods for its elimination. After the demise of Rasulullah Sallallahu Alayhi Wasallam the Sahaba Radiallahu anhum used to take Bay’at and this system was continued by their followers, and the disciples of the followers. These spiritual leaders then give permission to some to take the Bay’at who in turn then can administer this oath to others provided he is granted authority. It is not permissible that everyone should administer the oath. This privilege is reserved for those who have been given permission by a true spiritual leader.

True Nature of Bay’at

Maulana Ashraf Ali Thanvi Rahmatullah Alayh, a great scholar writes that the nature of Bay’at and the relation between Murshid (the spiritual guide) and his disciple is that the Murshid promises to instruct how to perform Zikr or keep alive the remembrance of Allah, and act upon Divine orders. He also tries to diagnose the spiritual diseases of his disciples and prescribes remedies for their treatment. The disciple gives an assurance that he will act upon the advices and instructions of his Murshid. This reformation may be achieved without the customary method of taking Bay’at. But becoming a disciple (Mureed) of a spiritual guide in the customary manner has an advantage that the spiritual teacher pays more attention to his disciple, and In turn the disciple takes special care in obeying his spiritual teacher.

It is said that you should have only one Murshid at a time, and that you should regard him as the most beneficial of all contemporary guides. This is because in such a situation, mutual relationship are enhanced (which is necessary for reformatory progress). Putting your hand above the hand of the disciple, or allowing the woman to hold the cloth behind the curtain when she is there, it is a tradition of religious divines, which is good and is according to the customary method (Sunnah) of Rasulullah Sallallahu Alayhi Wasallam. It strengthens the covenant, which is made between the Murshid and his disciple. The covenant can also be made on both sides even without it. This is why, a person who is far away, but desires to become a disciple of some Murshid can be made to enter the fold of that spiritual teacher without actually placing both the hands above one another. The Ahadith of Rasulullah Sallallahu Alayhi Wasallam show that giving your hand in the hand of the Murshid is a good method. It is also proven from the Ahadith that Rasulullah Sallallahu Alayhi Wasallam used to take the hand of his followers in his hand whenever he took the Bay’at from them. Giving a cloth in the hand of a woman is regarded as equivalent of giving one's hand. (Tasheel Qasdus-Sabeel Pg. 21).

Really speaking, a man is composed of two things: one is the body, and the other is the soul. There are ways and means of maintaining both of them in a healthy state. As material food is necessary for the maintenance of the body, similarly, the soul requires spiritual sustenance, which is the remembrance of Allah and perfect obedience to Him. As there are physical diseases of the body, similarly, there are spiritual diseases, which are called internal diseases or the diseases of the heart, such as pride, vanity, conceit, hypocrisy, jealousy, hatred, love of wealth, love of fame or glory. If medical treatment is not sought for the diseases of the body it leads to physical death. Similarly, if the spiritual ailments are not cured then the health of the heart and soul can be ruined. The death of the heart is more dangerous than physical death. The Holy Qur'aan and the sayings of Rasulullah Sallallahu Alayhi Wasallam emphasize the maintenance and well being of the heart, and great warning has been given about the diseases of the heart and its death. This is why Allah the Almighty says in Surah Al-Baqarah, Ayah 10:

"In their hearts is a disease and Allah increaseth their disease."

In Surah 22 Ayah 46, Allah, the Almighty says: "For indeed it is not the eyes that grow blind, but it is the hearts, which are within the bosoms that grow blind."

"The day (when for your salvation) neither wealth will be of any use, nor children, but (that one will achieve salvation) who will bring before Allah, a pure (perfect, sound and flawless) heart."

In one of the sayings of Rasulullah Sallallahu Alayhi Wasallam the following supplication by him is quoted: "O! Allah open the pores of my heart for your remembrance."

In another Hadith, these words of Rasulullah Sallallahu Alayhi Wasallam have been stated: "Truly in the body there is a piece of flesh, when it is sound, the whole body is sound, when it is diseased, the whole body is diseased. Truly it is the heart." (It was related by Al Bukhari and Muslim).

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