چکیده:
The theory of ruler legitimacy and the way to establish the Caliphate and Imamate and its continuity is one of the important topics in Sunni political thought, which, with a sociological and historical perspective and influenced by the events after the passing of the Prophet of Islam (PBUH) and the actions of the Caliphs and Muslim emirs, has attempted to recognize the rule of the 'Rashidun', 'Umayyad', 'Abbasid', and 'Ottoman' caliphs, introduce them as rightful leaders, and not exclude them from the scope of legitimacy. Legitimacy of governance in Sunni political thought is based on three foundations: seizure (istila), succession (istikhlaf), and the consensus (ijma) of the people of authority (ahl al-hall wa al-aqd). In the contemporary era, the question arises as to how much these three foundations essentially allow the masses to play a role in establishing religious governance? The authors, after examining each of the three aforementioned foundations and their relationship with the active presence of the people in choosing an Islamic ruler, have proceeded to examine and critique these foundations using a descriptive-analytical method. Given the three aforementioned foundations, the role of the masses in establishing religious governance has not been taken into account.
خلاصه ماشینی:
In the structure of the legitimacy of governance in the Ahkam al-Sultaniyya of the Sunnis, the selection of a Caliph gains legitimacy through one of the ways of Istila, Istikhlaf, and the Ijma of Ahl al-Hall wal-Aqd. In the contemporary era, with the increasing prominence of the issue of democracy, the following question arises: what is the relationship between the role of the people in choosing a ruler and the foundations of Sunni political jurisprudence?
First Foundation: The Theory of Istila and Taghallub (Seizure and Dominance) From the Sunni perspective, one of the sources of legitimacy and the factor for appointing a ruler is the use of force through weapons; if someone can overcome others through compulsion, he is the rightful Caliph and Islamic ruler, and his rule—whether through allegiance (Bay'ah) under duress or even without allegiance from the general Muslim population or the agreement of the Ahl al-Hall wal-Aqd—possesses legitimacy, and the people are obligated to obey him.
In the view of Abu Hamid Muhammad al-Ghazali, a Shafi'i (450-505 AH), emphasizing the observance of the conditions of an Islamic ruler in the era of tyrannical sultans leads to the invalidation of authority and consequently the loss of political interests, including order in society; because authority in current conditions revolves around might and dominance, and therefore, anyone who possesses might and power and people pledge allegiance to him shall be a legitimate Imam: "فمن بايعه صاحب الشوکه فهو الامام" (al-Ghazali, ibid: 124).
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