I do not mean to interfere in the political debate. I am not good at it, and don't know much about it. However a few Islamic misconceptions have been flung around here and I think I would like to address them so as to protect brothers and sisters from misguidance:
1-
Allah says: But no, by your Lord, they will not believe until they make you, [O Muhammad] judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full] submission. [al Nisa 65]
So people cannot be believers until they submit to the law of Allah and accept it without any reservations. The Islamic government exists to impose Sharia rather than submit it to a vote. Therefore a government that declares that it will accept the results of a vote for Sharia, even if the results are not to implement it, is by necessity a non-Islamic government.
This is by and large the biggest load of hogwash and farthest length of Ta'weel I have seen in a long time! I do not know this Imam, but this opinion is completely misguided! It is loading a meaning on to a Quran verse which it did not have, and further uses conclusions to arrive at takfeer and declaring muslim people as apostates which is forbidden. This verse was about the prophet and his special standing as a judge between the people, in that when the prophet judged in a dispute for Zubeir and another man, he ruled for Zubeir and his opponent thought and said that the prophet -pbuh- favoured Zubeir and wanted to "appeal" the messenger's decision. So this verse came down to affirm THAT, to accept the prophet's rulings when he judges amongst people. Has NOTHING to do with government.
Regardless of that, Shura (consultation and majority opinion) has been commanded by the prophet, so there's nothing wrong with deliberation and discussion and taking a vote to see what the opinion is, especially if management is put in hands of many. Further more the prophet -pbuh- always instructed his emissiries and later his governors to apply things gradually. It is a victory to Islam that Shariah gets voted in, but to twist the situation like that seems to me nothing more than a politically motivated opinion to get more fighting and bloodshed amongst muslims. The prophet stated that as long as people declared God is one and prayed and paid zakat, he had no right to shed their blood. On what basis now is a government that even applied Shariah, is to be submitted to Jihad?
2- This logic is also scarred and forces arrogant authority that normal people do not have. A community soverign leader is a rightful leader and cannot be called kafir or apostate or revolted against unless he declares himself so or carries acts of clear dictated apostacy, which is to stop prayer or deny the five pillars of Islam, or grave detrimental corruption. The Imam has the right to call for vote, deliberations, or whatever is required to manage the country. Mutiny against leadership based on disagreement with policy or approach, even if one seems more righteous, is not permissible. Otherwise no society will ever function, as there will be a revolt whenever a group of misguided unknowledgable people wanting to force their will and their way upon the whole community object to the leader doing what another group of people think is more righteous. No leader can function, and even Uthman Ibn Affan one of the close companions and predestined to be in paradise, was sieged and later assassinated under such misguidedness. Their claim was that he was corrupt because he allegedly got his own herds of camel at watered at the public watering holes and practiced nepotism which is against Shariah. Despite Ali Ibn Abi Taleb defending him and clarifying that the nepotism was only towards the prophet's family (who became his since he married into it) and it was dictated by the prophet to be good to them and favour them, and the watering holes and wells were a charity that was opened and maintained by Uthman's own money and it was permissible for him to let his own camels drink there, some misguided bloodthirsty were still stuck to their minds. Same corrupt bloodthirsty approach is being introduced here. May God give justice and guidance to all.
3- The Muslim World greatest Imams of past and present, worked and studied to find answers to items that came up and did not have clear dictation in Shariah. Apostacy and Kufr does NOT fall into this category. With all due respect to the studies and standing of any who claim to be imam or sheikh or to those who quote them, no sheikh or imam has right to change dictated Islamic principals. Islamic principals say that no one should and could call someone else by apostacy without that person declaring it upon himself, or denying one of the pillars of Islam or tenets of faith. Any other acts that are associated with in hadith or quran verses with disbelief, are just that, disbelief, something between that person and God. Even Umar Ibn Al-Khattab was amongst them for a while when the prophet said once: "None of you truly believes unless he loves God and his messenger more than his family and himself" to which Umar -ra- said "I truly love you oh dear prophet more than my parents and my children, but how do I love someone more than I love myself. I have to be honest and say I love myself most," to which the prophet said "not until you do Umar" and Umar sat and thought for a while, apparently arriving at the understanding that the glorious prophet is our salvation and without him we would have been with our children in Hell (conjecture), anyway Umar smiled and then looked to the prophet and said "Yes, now I do, and by God I love you more than I love myself". Clearly the disbelief suggested here did not take Umar into kufr even temporarily.
4- The blood of a muslim is shed only on declared kufr or apostacy, adultery after marriage, or murder of another. All three needs to be applied by judge and executioner. So whatever those people say about the behaviour of another people, it does not warrant declaring kufr. Be angry, stand against it, speak against it in truth, and fight the mushrekeen, but just like full blown hypocrits who used to talk and help mushrekeen openly in the days of the prophet -pbuh-, still were not attacked and killed by the prophet or his companions, like Abdullah Ibn Saloul, when he time and time again left the battlefield before multiple ghazawat with many other hipocrits and weakened the muslims army that was fighting clear mushrekean, or sent information to warn them time and time again against the muslim tactics and movements, the prophet did not kill them.
Similarly, killing an apostate needs to be a properly prepared clean execution, and requires the local majistrate to lock him up and feed him sparingly for three days (according to Umar Ibn Al-Khattab, one month at least according to Ali Ibn Abi Talib) every day being asked to repent and a knowledgable person debating with him trying to clear any doubts the apostate might have. Also apostacy rule cannot be applied on a harby situation (person in non-islamic rule), it requires the person to be under Islamic rule. Moreover, the execution needs to be in a clean way, and not render the body under acts of Tamtheel or mutilation. So going after an apostate in Kenya and beheading him on video without order from appointed judge or applying the repentence duration is a hideous ugly thing and has nothing to do with Islamic Shariah and its civilized.
IN the end, Sharia was brought to organize society into an enlightened civilized community, and was introduced gradually, and as per the order of the prophet sparing bloodshed if possible was paramount. The prophet said: "I was ordered to fight people until they declare God is one, and hold the prayer and pay zakat. If they do, they have protect their blood and money from me." Additionally every verse in the Quran that speaks of jihad and fighting says to STOP FIGHTING THE MOMENT THE OPPONENTS YIELD TO PEACE. This was in fighting mushrekeen, so how much more prioity should it be when it is with other muslims?! Maybe the leader was corrupt when he used or allowed foreign troops in, or maybe he was fooled. Maybe he truly needs to be changed, but that does not necessarily mean that all out mutiny and the blood and honor of every muslim who lives between the angry ones and this leader gets shed! And does not mean that one group by the power of the weapon will submit the whole country to their claim simply because they say they want Shariah and are shouting that every one else is an apostate. As a matter of fact, as per the hadith "Whomever calls a brother a kafir, then he should be so in truth or else it(declaration of kufr) will fall upon the caller."
And as for supporting them as muslim brothers, the prophet said in a clear authentic Sahih hadith: "Aid your brothers whether they are aggressed upon or they are aggressors." to which the companions exclaimed "we will support them and aid them of course if they are aggressed upon, but how can we do that if they are the aggressors (further showing the companions finding something greatly wrong with supporting muslims if they are aggressors, that they felt it important to exclaim to the prophet, something most usually they do not do out of respect)" and the prophet said "by
preventing them from their aggression." It is obvious that this relates to muslims against non-muslims, so how would you not apply that when it's muslims against their own brethren muslims in their own country. If you want to support Shabab and Pakistan Taliban, do so by making dua to God to give them guidance and stop them from their transgressions, and by telling them and their supporters in their faces what wrong they are doing. The prophet said one of the highest levels of jihad is a word of righteousness against a transgressing king.
And God knows best and may he always make us see righteousness as such and help us to follow it, and Dhalal as such and help us to avoid it. May all of us be granted guidance in these confusing and interesting times.