Saturday, September 27, 2014

Reply to Article by Muhana Al-Jubail: Can Democracy be an Alternative to the Khilafah in Achieving Unity?

On 23 August 2014, Aljazeera website published an article in the Knowledge section by Professor Muhanna Al-Jubail titled: "Unity and Khilafah and Democracy", the writer addressed through it what he called the conservatives among Muslim youth, who are wary of the acceptance of democracy or to exercise it in order to achieve the Islamic unity. This unity is undoubtedly obligatory in the definite texts of the Qur'an and the Sunnah.
The writer attempted to promote the idea that "there is a deep problem in the understanding of the democratic constitutional system; the constitutional system is what guarantees for citizens of religions and sects their constitutional national right". And he said, "Countries that live in a democratic space or margin is the most capable today to achieve the standards of agreement and connection with the concept of Islamic unity more than other totalitarian regimes."
After the writer promoted the idea that democracy is the most capable in achieving the unity, he tried to hint that the concept of the Khilafah is a term of no Shariah origins, and considered the Khilafah to be a name given in history to those who undeservingly inherited the rule through inheritance. Then he presented a vision to achieve the Khilafah through a federal union between a band of countries whereby the Chairman of the Union acts as the Khaleefah!
The author concluded that the area of theoretical jurisprudence and intellectual foundation of the term 'Khilafah' in Shariah and in the history of Muslims and later in its contemporary political implications, is not as believed to be by some of the young people, and is not a reasonable justification for rejecting a political framework that is achievable by democracy for the creation of this country as a political and social force for certain Muslim people or others, and to support the legitimate resistance for liberation. Thereby, the Muslims must adhere to the democratic project to achieve unity and strength between their countries...
Commenting on the article's contents, we say: after placing the term "democratic state" and scrutinizing and highlighting it, we find that the West has relied on three loose, fanciful, and failed criteria to characterize a state as democratic: constitutional definition, Substantive measure, and procedural (due process). These three, each of which contain within it a set of contradictions, and its application is fictitious! ... A country like Jamaica is classified as having a degree of democratic success for conducting the elections in a way admired by the people of democracy, despite the assault of Jamaica's regime against the people of the country, which is according to them is an attack on "democratic freedoms". And a country like Iraq is classified as exceptionally democratic, yet until recently it was ruled by Maliki, who has exceeded in criminality the criminality of Saddam!... As for the ballot boxes in Egypt after the revolution of January 2011, which brought the government of Morsi, which came to rule as was said by the process of "transparent and fair elections", was attacked and aborted and Morsi was overthrown by the military, and all this with the blessing and sponsorship of the mother of democracy, America!..
In light of the failure of the implementation of the democratic model in actuality, we wonder about the writer's objective to advocate the embracing and adoption of a fanciful system that is full of contradictions and is unachievable in actuality and to abandon the Khilafah system which emanates from the doctrine of this Ummah, and is deeply rooted in their history where it was applicable for nearly fourteen centuries? Then does the writer not see that clinging to a system that carries within it failure and is fictitious and non-applicable is like clinging to a rope from the air and chasing after fairy tales?
It was mentioned in the article that democracy is a model for the protection of people's rights despite the fact that this contradicts the reality and the applications that are practiced by the elite democratic countries, so France prevents Muslim women from wearing the headscarf, and Switzerland prohibits the construction of minarets. As for American drone aircrafts, they spill the blood of Muslims in Afghanistan, Pakistan, Yemen and Somalia... Even more they are used to assassinate American citizens because they are Muslims without the slightest regard for legal judicial procedures. As for the list of executions provided by the American intelligence services, which won Obama's approval is endless, until it reached the implementation of some of these laws against minors, this is without elaboration of: the support the democratic West to the greatest crime called "Israel", and the scandals of Abu Ghraib, Guantanamo and Bagram, this is without going back to the black record of America in Vietnam, or even World War II and what took place of horrors... and finally we ask has democracy bring anything to humanity but evil, slaughter, and corruption?
Finally, the Khilafah is a Shariah fact, just as is the unity a Shariah fact, there are many texts regarding these subjects in the Quran and Sunnah and with the demonstration of its bases, there is no dispute in the obligation of the presence of the Khilafah among the Ummah and the Imams, Allah سبحانه وتعالى says:
وَمَا كَانَ لِمُؤْمِنٍ وَلَا مُؤْمِنَةٍ إِذَا قَضَى اللَّهُ وَرَسُولُهُ أَمْرًا أَنْ يَكُونَ لَهُمُ الْخِيَرَةُ مِنْ أَمْرِهِمْ ۗ وَمَنْ يَعْصِ اللَّهَ وَرَسُولَهُ فَقَدْ ضَلَّ ضَلَالًا مُبِينًا
"It is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair. And whoever disobeys Allah and His Messenger has certainly strayed into clear error."
(Al-Ahzab: 36)
Khilafah is not just choosing a Khaleefah through the pledge of allegiance, but it is a comprehensive system for life that covers: social, economic, ruling, judiciary, education and punishments, all these systems were embodied in the Islamic State throughout the centuries of the application of Islam, hence an ideological state that carried the light and justice has emerged to the world, it guaranteed the unity and protection of the Ummah and its belief and sanctities.
وَمَا أَرْسَلْنَاك إِلَّا رَحْمَة لِلْعَالَمِينَ
"And We have not sent you, [O Muhammad], except as a mercy to the worlds"
(Al-Anbiya: 107)
The Central Media Office of Hizb ut Tahrir
Saturday 4th Dhul Qiddah 1435 AH
30/08/2014 CE
Issue No: 1435 AH /063

The Shar’iyah Methodology for the Resumption of the Islamic Way of Life- Intrdouction


We will be publishing sections of the book " The Shar'iyah Methodology for the Resumption of the Islamic way of Life- by Muhammad Hussein Abdullah"

The following  introduction is from a book


The introduction:


All praise belongs to the Lord of the worlds and all creation, who revealed the Qur’aan as guidance for the pious and sent Muhammad (saw) as a Rahmah (mercy) for the whole world. He sent His Messenger to bring mankind out of the darkness of disbelief and to bring them to the certain light.

The Muslims, since the destruction of their Khilafah in the year 1924, at the hands of the disbelievers and their agents, have lived and continue to live a life of divisions, instability, weakness and insignificance. So after they were the leaders of the world they have become led and after having been one Ummah to the exclusion of all people they have now become divided people separated by manufactured borders that lie between them. They are ruled by man-made systems and their weak entities, that number more than fifty, do not benefit them or take them away from being considered part of the third world and they are helpless before the disbelievers if they wish to usurp and take away parts of their lands like they have done in Palestine amongst other lands.
They have experimented with and been experimented upon with thoughts and man-made systems which have been taken from both the East and the West. These were taken so that they could revive and unify, however these foreign imports gained nothing for them except further weakness upon weakness. This led them to reassess themselves and to search deeply within themselves for the reason of that great glory which had made them leaders and for the reason for this new weakness that had made them into followers of others. They were then guided to the first reason which was their holding fast to Islaam as an Aqeedah (Belief) and system of life and the second reason which was their abandoning of Islaam as a system of life. This sensation within the Muslims was focused in individuals and groups who held a higher level of sensation above others. So they started to embark upon calling for the return of Islaam and the resumption of the Islamic way of life whilst being armed with the Ijtihaadaat (derived opinions) that they had arrived at in regards to this issue. Therefore movements, political parties, groups and individuals arose in most of the Muslim lands calling towards that.
However the disbelieving states and other nations who follow other than the Deen of Islaam felt the seriousness and danger of this matter. Therefore they stood in opposition to it, to prevent it, using all available intellectual and material ways to accomplish that whilst employing many different styles and means. They described everyone who called for the return of Islaam to life as a political system with labels of extremism, militancy and terrorism. They began to hold conferences and seminars in the name of interfaith dialogue or a dialogue between civilisations. They made money available and recruited men in the name of dealing a decisive blow against terrorism and extremism. This was all to stand in the face of the return of Islaam whilst seeking assistance from some of the sons of the Muslims to stand by their side who had abandoned their Ummah because of their own ignorance of Islaam or due to their love for money. They did find this enough though but rather they attempted to influence some of the movements, political parties and groups. So they beautified some western thoughts about Islaam to them by portraying them to be from Islaam and this was in order to divert them from the Shar’iy (legal and legitimate) method that leads to the return of the Islamic Khilafah.
The Tareeqah (Methodology) to resume the Islamic way of life must be taken from Islaam alone because it is a complete and comprehensive ideology containing the Fikrah (thought) and the Tareeqah (method). Indeed it is a thought and a method and its method must be of the same type and kind as its thought. For this reason it is not permitted for those working in the Da’wah, to be diverted by even a hairs breadth away from the method because Allah (swt) has made this method Fard (obligatory). It is the Method that the Messenger of Allah (saw) proceeded upon until he established the Islamic State in Al-Madinah Al-Munawwarah, the Islamic State that lasted for over 1300 years before it was destroyed at the hands of the disbelievers.
Then after the destruction of the Khilafah State the Muslims did not have at their disposal clear, prepared and ready Shar’iyah rulings explaining the method by which the State should be restored and re-established. They had other Shar’iyah rulings (Ahkaam) at their disposal which were abundant in the books of Fiqh dealing with ‘Ibaadaat (worships), Mu’aamalaat (societal transactions) and ‘Uqoobaat (punishments). This was because the Muslims had been living an Islamic life within the Khilafah State and they had not imagined nor had it crossed their minds that this State would ever disappear. And because Fiqh according to the understanding of the Muslims is the ‘Knowledge of the practical Shar’iyah rulings’ then the Ahkaam (rulings) of the Tareeqah for the restoration or reestablishment of the Khilafah State were not previously looked in to. This is because the State had been present and had not yet been removed from existence. So this reality that we face today (since the removal of the Khilafah State) had not previously existed.
However after the Khilafah State was destroyed and the Muslims began to sense the new reality in which they were living, it became obligatory upon them to begin to deal with this reality in accordance to the Ahkaam (rulings) of Islaam. So they began to move towards the Shar’iyah method of resuming the Islamic life by examining the Seerah (life) of the Nabi (saw). As a result some of them viewed the method as raising arms and fighting anyone that stood in the way of the return of the Khilafah whilst some others viewed the method as being related to At-Tassawuf or Siyaahah in the way of Allah. Others still saw that the method for resuming the Islamic life rested upon charitable associations and the propagations of moralistic virtues, some viewed the method as being linked to reviving the Islamic heritage represented in knowledge of Tafseer, Hadeeth and Fiqh, whilst others saw that the methodology involved intellectual and political work. Every one of these views was based upon a Daleel (evidence) or a Shubhah (semblance) of a Daleel from the Qur’aan and the Sunnah. As such this study that we are concerned with, relates to the Shar’iyah Tareeqah (method) that is extracted and deduced from the Kitaab and the Sunnah, after first including a study of the current reality that we are living in.

I ask Allah (swt) for this study to act as an incentive for those who are proceeding upon the correct method to enrich their path so that their objective can be achieved. At the same time I ask Allah (swt) to make this study to be a spur and incentive for others in order for them to scrutinise and to be thorough in respect to the rulings of the Method. This is so that the Muslims as a whole can collectively proceed upon the correct path to achieve the honour of the Dunyaa and the reward of the hereafter:

وَلَِِّلِّ الْعِزَّةُ وَلِرَسُولِهِ وَلِلْمُؤْمِنِيَ
And the honour belongs to Allah, and to the His Messenger and to the believers
(Al-Munaafiqoon 8)


Do verses beginning with "O you who believe" apply only to Muslims?

It should not be said that Allah سبحانه وتعالى has made some legal rulings specifically for the believers like the prayer such that they alone are addressed by it, so any address which begins with,
يا أيها الذين ءامنوا
"O you who believe,"
is specific for the Muslims, and what came general, like the trade and ribā, is for the Muslims and the disbelievers. This is incorrect because the objective of that which begins with 'O you who believe' is reminding [tadhkīr] the believers of their Imān. It is not a specification for the believers alone.
The evidence for this is Allah سبحانه وتعالى's saying:
يا أيها الذين ءامنوا كُتب عليكم القصاص
"O you who believe, qisās (equal retribution) has been prescribed on you..."
(al-Baqarah: 178)
and it is established that the Messenger صلى الله عليه وسلم made the retribution for the killing upon the kuffār just as it is upon the Muslims without any difference, and also because the sayings of Allah سبحانه وتعالى:
لمن كان يرجوا الله واليوم الآخر
"...for him who hopes for Allah and the Last Day",
فردّوه إلى الله والرسول إن كنتم تؤمنون بالله واليوم الآخر
"Refer it back to Allah and the Messenger, if you believe in Allah and the Last Day..."
and
من كان يؤمن بالله واليوم الآخر
"He who believes in Allah and the last day..."
whose context indicate that they are a reminder to the believers about the (natural) requirement of Imān in Allah and the Last Day.
The first verse is,
لقد كان لكم في رسول الله أسوة حسنة لمن كان يرجوا الله واليوم الآخر
"Indeed in the Messenger of Allah, you have a good example for him who hopes for Allah and the Last Day."
(al-Ahzab: 21)
The second verse is,
فإن تنازعتم في شيء فردّوه إلى الله والرسول إن كنتم تؤمنون بالله واليوم الآخر
"And if differ in a thing, refer it back to Allah and His Messenger if you believe in Allah and the Last Day."
(al-Nisā': 59)
The third verse is,
ذلكم يوعظ به من كان يؤمن بالله واليوم الآخر
"That will be an admonition given to him who believes in Allah and the Last Day."
(al-Talāq: 2)
All these verses are a reminder (and not a specification).
Likewise is the hadīth of the Messenger صلى الله عليه وسلم,
"Whosoever believes in Allah and the Last, then let him speak good or keep silent", narrated by al-Bukhāri, Muslim and others.
All of this is a reminder of the Imān, and not a condition for legal responsibility with respect to the legal rulings.
Therefore, the conjunction of the address with 'O you who believe' does not specify it for the Muslims, but it is a reminder to them of their belief. Accordingly, the address of legal responsibility remains general, including both the disbelievers and the Muslims. Hence the kuffār are addressed with the entirety of the Shari'ah, foundations (creed) as well as branches (jurisprudence), and the Khalifah is commanded to implement all the legal rulings upon them. Excluded from the implementation, but not the address, are those legal rulings whose non-implementation on the kuffār or whose specificity to the Muslims is established by a text of the Qur'an or Hadīth.
All other legal rulings are implemented upon the kuffar as they are implemented on the Muslims.
Source: The Islamic Personality Volume 3 by Sheikh Taqiuddin an-Nabhani.