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Bay'ah

Islamic oath of office

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Through Muhammad, Caliphate and Prophet

Etymology and definitions

Bay'ah derives from the Semitic triconsonantal root B-Y-’, related to commerce, and shows the contractual nature of the bond between caliph and the people. Bay'ah originally referred to the striking together of hands between buyer and seller to mark an agreement. According to Bernard Lewis, bay'ah originally referred not to an oath of allegiance but to an agreement between two parties, and in the language of government a contractual agreement between ruler and ruled. In time, however, when an agreement was reached, an oath of allegiance by the ruled came "to be a normal part of the proceedings".

Definitions

Muslim historian Ibn Khaldun described Bay'ah as

a pledge by the subject to obey the ruler and entrust him entirely with the conduct of his personal affairs and the affairs of the Moslem community without reservations. If the ruler applies the Law the subject has to execute his orders whether he agrees with them or not. The act of allegiance is accomplished by the subject placing his hands between the hands of the ruler.

Abu Hasan al-Mawardi (947-1058) maintained a bay'ah was a mandate "limited in time and authority" that could be revoked by those who pledged if the ruler abused his mandate.

According to Dr. Monir Ajalin, a bayah is more an acquiescence, and different from a mandate or an election. It is

the pledge by the people means that they show and display their acceptance of, and obedience to the new ruler. In no way is it, as some claim, a sort of election or a mandate to govern. It is an acceptance of what has already been done, a compliance with an accomplished fact a fait accompli represented by the seizure of power by the new ruler.

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