Article 26

Every sane, adult Muslim, a male or a female, has the right to elect the leader of the State and to give him the pledge of allegiance; while the non-Muslims do not have such right.

The reality of the *Khilafah* is evidence that every Muslim has the right to elect the *Khalifah* and to give him the pledge, since there are narrations which indicate that it is the Muslims who give the pledge of allegiance to the *Khalifah*, irrespective of whether they were male or female; it is narrated by ‘Ubadah b. Samit

«بَايِعُنَا رَسُولَ اللهِ ﷺ»

*“We gave the oath of allegiance to the Messenger of Allah…”* reported by Al-Bukhari, and narrated from Um Attiyya who said

«بَايِعُنَا رَسُولَ اللهِ ﷺ»

*“We have the oath of allegiance to the Messenger of Allah…”* also from Al-Bukhari, and what Ibn Kathir reported in *Al-Bidayah Wal-Nihayah* when ‘Abd al Rahman b. ‘Auf was appointed to take the opinion of the Muslims as to who should be the *Khalifah* he said *“He took men’s and women’s opinions”*, and not one of the companions rebuked him over this. So every Muslim, a male or a female, has the right to elect the *Khalifah* and to give him the pledge of allegiance. As for the non-Muslims they have no right in these issues since the pledge of allegiance is upon the Book and the *Sunnah* and he does not believe in either of them, since if he believes in them he would be a Muslim.

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