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Women's Participation in the Bai'ah

"The leader of an Islamic State is confirmed by the people through a process known as bai’ah; a symbolic contract between the leader and the people wherein the leader promises to obey Islamic law and the people, in exchange, promise their allegiance."
Iqbal, Justice Javid, "The Concept of State in Islam"  State, Politics, and Islam (ed. Mumtaz Ahmed,  American Trust Publications 1986, p. 38).

"In essence, bai’ah is the election of a leader, for without the bai’ah the purported leader has no legitimacy and thus cannot act as the Head of State."
M.F. Osman, Human Rights Between Islamic Sharia and Western Legal Thought, Dar al Shuruq, 1982, p. 110 (citing Abdelwahab Khallaf’s Political Sharia).

Ibn Taymiya in his work "Minhaj al Sunna" stresses the requirement of bai’ah by the people for a leader to be legitimate.  Ibn Taymiya discusses the incident where Abu Bakr nominated Umar ibn al Khattab to succeed him as Caliph.  Ibn Taymiya stated that Umar became the Caliph only when he received the bai’ah from the people.  Ibn Taymiya further stated that if Umar had not received the bai’ah, he would not have become the leader, despite his nomination by Abu Bakr. 
M.F. Osman, Human Rights Between Islamic Sharia and Western Legal Thought, Dar al Shuruq, 1982, p. 111.

In early Islam women were included in the giving of the bai’ah.  Prophet Muhammad received the bai’ah from the people. The Quran addresses the issue of women giving the bai’ah to Prophet Muhammad and God tells Muhammad to accept the pledge of the women. 
"O Prophet! Whenever believing women come unto thee to pledge their allegiance to thee...then accept their pledge of allegiance." (Quran 60:12).

In 645 A.D. (23 A.H.) Umar, the second Head of State after the death of Prophet Muhammad, convened a group to determine his successor. One of the group, Abdul Rahman, went to the people to consult with them as to who should be the next leader. Abdul Rahman consulted both women and men, thus women had a say in who would be their leader. Through this process Uthman was selected to succeed Umar.
Iqbal, Justice Javid, "The Concept of State in Islam"  State, Politics, and Islam (ed. Mumtaz Ahmed,  American Trust Publications 1986, p. 43).

 

excerpt from Muslim Women's League - USA
     http://www.mwlusa.org/welcome.html