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of men; it is emphasized that they become widows and are deprived of hearth and home. The gender approach rejects the possibility of women to take independent responsible decisions and thereby it does not recognize political, ideological and religious motives of their actions.
Author of the abstract - Elena Dmitrieva
2018.01.018. LEONID SUKIYAINEN. ISLAMIC CONCEPTION OF CALIPHATE: ORIGINS AND CONTEMPORARY INTERPRETATION // "Islam v sovremennom mire," Moscow, 2016, Vol. 12, № 3, P. 139-154.
Keywords: caliphate, Sharia, Islamic state, fiqh, jurisprudence of Islam.
Leonid Sukiyainen,
Dr.Sc. (Law), Professor,
History and Theory of Law Department
in Higher School of Economics
The Islamic Sunni conception of power (state) generally formed in the 9-14th centuries. As distinct from Shia Muslim authors who relegate questions of power to religious dogmatics, the Sunni thought always considered the public power to be a subject of jurisprudence of Islam (fiqh). Sharia in the true sense knows a few laws of the Koran and Sunna of the Prophet regularizing the vertical relations of power. These sources don't contain any concrete instructions regulating activity of power or determining its content and essence.
Islamic thought lays emphasis on that the Prophet left the most general bases of the caliphate not accidentally which don't put Muslims together by rigid framework and allow them to choose the necessary form of government at their own discretion, corresponding to various historical circumstances. A hundred years from the prophet Mohammed Sunni faqihs could develop the beginnings of the organization and functioning of power on
the basis of broaden interpretation of few provisions of the Koran and Sunna concerning the caliphate (imamat) through a prism of their comparison with practice of implementation by the Prophet and "just" caliphs of the Supreme leadership of the community.
The caliphate serves as key category of the classical Sunni political theory which is considered in two interconnected aspects as the essence of Islamic power and as a specific form of government. Understanding of caliphate is based on the approach of high-profile Muslim political scientist al-Mavardi (974-1058) who used the terms "caliphate" and "imamate" as synonyms, though subsequently in a Sunni legal thought it became common to call a normative model of the Islamic State caliphate. Within the meaning of al-Mavardi the caliphate represents a certain function on implementation of the Supreme temporal (political) power and maintaining of faith at the level of Muslim community. In other words, the leading characteristic of the caliphate is orientation of the power to the solution of problems of religious and political character, but not rigid determinate structure of the state. The prominent place in the Islamic political concept is occupied by a solution of the problem of the caliphate origin. According to the Sunni thinkers who focus on the views of al-Mavardi confirmation of power of the caliphate is "urgent" and represents the duty laid both on the head of the Islamic State and all Muslims. It's outlined the need of control from the caliph of execution by Muslims of religious duties and Sharia laws in general. Among rational arguments in favor of caliphate there is a need to avoid a disorder and anarchy in state and public affairs.
Sunni government peculiar resolves an issue of who possesses the Supreme power in the caliphate. According to the most widespread modern concept the Supreme carrier of sovereignty in the caliphate is Allah, and the Islamic State is organized entirely on the basis of mission entrusted by him on community. It is considered that on behalf of Allah the power on the earth is carried out by the community having the full
sovereignty representing neither more nor less than «reflection» of the Supreme sovereignty of Allah. Developing such approach, some modern writers emphasize that sovereignty in the Islamic State, in fact, is divided between Sharia representing Allah's will and community which will isn't absolute and is limited to Sharia.
The sovereign rights of community are shown first of all in the authority to elect its governor who manages all affairs from its name. At the same time the community doesn't concede the exclusive rights to the caliph, and only charges, trusts him to direct itself. As for a form of the Islamic power, its organizational bases, the Sunni jurisprudence doesn't refer these parameters to the caliphate to its constants and considers that they can be realized in practice in various options. The Sunni political theory doesn't know strictly determinate order of post replacement of the Islamic state head. On the prevailing concept, men become the caliph not as succession of the Supreme secular and religious power or appointment by the predecessor, but in virtue of owing to the special contract (baya) made between community and an applicant for the caliphate. The most corresponding to spirit of Islam it's regarded such form at which the community in the contract is presented by special group of Muslims - the mujtahids alloated with justice, wisdom and ability to resolve the issues which aren't settled by the Koran and Sunna.
The Caliph bears personal responsibility for exercise of power over community and has the right to take any measures for serving the interests of community under observance of Sharia. The contract of the caliphate isn't limited and works until the caliph strictly follows Sharia laws. If it is established that the head of state deviates from terms of the contract, then he should be displaced. Theoretically the community has the right to demand from the caliph of performance of his duties, possessing a right to control his actions. However ordinary Muslims can't interfere in state affairs and estimate policy of the caliph. These powers are accorded to mujtahids. The Islamic thought recognizes that only they represent community in the relations with caliph and protect
its rights. If Sharia was considered to be "law" for elite, then opinion of the last - "law" for ordinary Muslims.
The Sunni legal political theory places an emphasis that power of the head of state isn't absolute, he doesn't use any privileges or immunity, and as well as an ordinary Muslim, conforms Sharia laws and can be punished for any fault. Though he exercises the supreme religious power in the state, his powers are deprived of divine character. Being the head of state, the caliph doesn't use legislative power and can introduce new legal regulations only insofar as he is mujtahid.
The researcher emphasizes that such understanding of caliphate represents an ideal model of the state oriented towards the past. It reflects practice of an initial stage of the Islamic power formative years when after death of the prophet Mohammed so-called just caliphs headed Muslims (632-661). Until the middle of the XIII th century the caliphate of Omeyyadov and Abbasidov keeping some external attributes of an ideal Islamic State was a direct successor of the power of just caliphs. With the course of time the classical concept of the caliphate dispersed more and more considerably from really existing mechanism of power in the Muslim world though formally the caliphate remained. A mission to present it in the Middle Ages was taken by the Ottoman Empire.
The Arab governors who have lost in rivalry with it had to resign claims over the caliphate therefore the Ottoman sultan got the caliph's title. As the institute having religious reasons and formally uniting all Muslims, the caliphate nominally remained prior to the XXth century. However after dissolution of the Ottoman Empire upon termination of the First World War it turned into abstract institute and in March 1924 was officially abolished. From then the caliphate ceased to exist as political reality.
The Islamic political and legal thought couldn't but react to elimination of the caliphate. Theory and religious arguments in favor of the caliphate revival were adduced by Muhammad Rashid Rida (1865-1935). In continuation of the classical Sunni
theory of power Rashid Rida claimed that the elective caliph in the actions is bound by Sharia principles and laws. The Egyptian thinker carried out a thought of nonabsolute, limited nature of power of the Islamic State head who can make the most important political and legal decisions, having only consulted to community representatives.
According to Rashid Rida's concept, secular powers of the caliph in comparison with the classical theory narrow, limiting to the sphere of executive power. Concerning the religious rights of the Islamic State head, he claimed that appointment of the caliph consists in protection of faith and also implementation of Sharia laws.
Further, when there was obvious an illusiveness of hope for restoration of the caliphate, there was an opposite theory of the Islamic State according to which the caliphate has nothing in common with Islam at all. This view was espoused by the sheikh of the Egyptian Muslim university "Al-Azkhar" Ali Abd ar-Razik (1888-1966), expressed an idea that the Koran tells nothing about the caliphate as a state or form of government. Sunna as he believes, also doesn't offer indisputable hadis about the necessity of the caliphate, except for the general appeals to obedience, submission to imam (and not everywhere where it is told about the imam, means the head of state).
In fact Razik considers, the power of the caliph was always approved and supported by suppression and violence. Particularly the need of systematic suppression called into existence such form of government. Therefore, the caliphate is such a political order with which Muslims actually agreed while Sharia doesn't contain norms or principles on its obligation.
Rashid Rida and Ali Abdar-Razik's views considerably predetermine main tendencies of an Islamic political thought in the Muslim world up until now. However in the last decades discussion of problems of the power from positions of Islam entered a qualitatively new phase that it is connected with events
of "the Arab spring" and also with the emerging of the Islamic State (ISIL).
Remarkable activation of Islamic forces raised a question about the prospects for creation of the Islamic State as the specific practical project. The subject of caliphate, which seemed to remain in the past, again drew attention to itself. In Sunni Islamic tradition there was an opinion that establishment of power of imam (Islamic governor) is obligatory. In course of time in an Islamic political and legal thought there was created an understanding of the caliphate as governance of the Muslim community for part of a governor who provides a religion triumph, realizes requirements of Sunna of the prophet, does justice in relation to oppressed nationals and takes care of due enforcement of all rights. The absence of this authority plunges community into chaos when any right can't be protected, and nobody keeps people from malice. To avoid chaos it is needed an Islamic governor to whom all community of Muslims is obliged to submit.
Fundamentally, under Sharia, it is better when rulers of different regions act under supreme beginning of a single governor — the caliph. But if the caliphate is impossible in such understanding, then it doesn't deny need and legitimacy of power of governors of different real-life states. Heads of modern Islamic states also act as such paramount leaders. Muslim jurists established initial bases of the Islamic power in the form of caliphate and at the same time defined those borders which in principle shouldn't be broken. But if in practice there are power institutes which themselves aren't placed in an initial framework of Sharia, but are necessary for maintenance of Islamic values and realization of Sharia goals, then such power is considered to be Sharia owing to the actual existence and performing indicated functions. This order considers Sharia as initially unacceptable, but finds it admissible as a result of historical development of Islamic power. The modern Islamic thought, take into account historical evolution of Islamic nationhood, arrived at a key conclusion that Islamic power can be carried out not only in the
form of single caliphate of a sampler of just caliphs. In certain political conditions other models of power are quite admissible and sometimes are necessary if they are able to execute basic purpose of the caliphate - to protect religion and manage terrestrial affairs.
The Sunni legal thought proceeds from the premise that the main thing in Islamic power is not a form but content of activity. The understanding of the sense of Islamic power placing emphasis on realization of Sharia purposes prevails in a modern Sunni legal thought, the researcher stresses.
Author of the abstract - Elena Dmitrieva
