He said: The Messenger of Allah صلى الله عليه وسلم called us and we took the oath of allegiance to him. Among the injunctions he made binding upon us was: Listening and obedience (to the Amir) in our pleasure and displeasure, in our adversity and prosperity, even when somebody is given preference over us, and without disputing the delegation of powers to a man duly invested with them (Obedience shall be accorded to him in all circumstances)
He said: except when you see clear kufr/ disbelief which you have proof from Allah.
The Islamic Aqeedah is the basis for the State and its expansion
عَنْ جُنَادَةَ بْنِ أَبِى أُمَيَّةَ قَالَ دَخَلْنَا عَلَى عُبَادَةَ بْنِ الصَّامِتِ وَهُوَ مَرِيضٌ فَقُلْنَا حَدِّثْنَا أَصْلَحَكَ اللَّهُ بِحَدِيثٍ يَنْفَعُ اللَّهُ بِهِ سَمِعْتَهُ مِنْ رَسُولِ اللَّهِ -صلى الله عليه وسلم- فَقَالَ دَعَانَا رَسُولُ اللَّهِ -صلى الله عليه وسلم- فَبَايَعْنَاهُ فَكَانَ فِيمَا أَخَذَ عَلَيْنَا أَنْ بَايَعَنَا عَلَى السَّمْعِ وَالطَّاعَةِ فِى مَنْشَطِنَا وَمَكْرَهِنَا وَعُسْرِنَا وَيُسْرِنَا وَأَثَرَةٍ عَلَيْنَا وَأَنْ لاَ نُنَازِعَ الأَمْرَ أَهْلَهُ قَالَ إِلاَّ أَنْ تَرَوْا كُفْرًا بَوَاحًا عِنْدَكُمْ مِنَ اللَّهِ فِيهِ بُرْهَانٌ
It has been narrated on the authority of Junida bin Abu Umayya who said: We called upon ‘Ubada bin as-Samit who was ill and said to him: May God give you health – narrate to us a tradition which God may prove beneficial (to us) and which you have heard from the Messenger of Allah صلى الله عليه وسلم.
He said: The Messenger of Allah صلى الله عليه وسلم called us and we took the oath of allegiance to him. Among the injunctions he made binding upon us was: Listening and obedience (to the Amir) in our pleasure and displeasure, in our adversity and prosperity, even when somebody is given preference over us, and without disputing the delegation of powers to a man duly invested with them (Obedience shall be accorded to him in all circumstances)
He said: except when you see clear kufr/ disbelief which you have proof from Allah.
(Muslim)
أُمِرْتُ أَنْ أُقَاتِلَ النَّاسَ حَتَّى يَشْهَدُوا أَنْ لاَ إِلَهَ إِلاَّ اللَّهُ وَأَنَّ مُحَمَّدًا رَسُولُ اللَّهِ وَيُقِيمُوا الصَّلاَةَ وَيُؤْتُوا الزَّكَاةَ
I have been ordered to fight the people until they bear witness that there is no God except Allah and that Mohammad is the Messenger of Allah and they establish the prayer and give the Zakat
(Muslim/ Bukhari)
Commentary
a. It is not permitted for anything within the basis of the State to be derived from other than the Islamic Aqeedah. So its constitution and its laws must be taken from the Shari’ah.
b. The first narration is evidence of this point since it makes deviation from the Islamic Aqeedah the basis for rebelling against the rule, in other words the rule becomes illegitimate when it begins to implement anything which has not been derived from the Islamic Aqeedah in terms of legislation.
c. Other similar narrations mention not to raise the sword against the rulers as long as they establish prayer, or as long as they do not commit flagrant kufr, or they do not commit open sins against Allah سبحانه وتعالى. All of these indicate that it is the implementation and adherence to Islam that legitimizes their rule.
d. As Imam Nawawi mentioned, what is meant by open disbelief is open sin, which is clearly established by the proofs of Islam and is confirmed.
e. There are different positions amongst the scholars regarding when it becomes obligatory to actively remove the ruler, and Qadi Iyyad is narrated as holding that if there is clear evidence of disbelief and change to the Shari’ah and appearance of innovation then it becomes obligatory for the Muslims to work to remove him and replace him with a just ruler.
f. It should be noted that these narrations are all in respect to the tyrant ruler who in origin was legitimate and then his rule became corrupt, or within a system that is Islamic and it is only the ruler who needed correcting. In other words they are related to the correction of the ruler within the Islamic State if he went astray rather than these rulers today who never ruled according to any Islamic basis and their systems are un-Islamic in origin.
g. The second narration indicates that not only is the Islamic Aqeedah the basis of the authority and government but that the Messenger of Allah did not stop at that, rather he also legislated for Jihad and made it an obligation upon the Muslims in order to carry this Aqeedah to all people.