Wednesday, November 05, 2008

Articles 10 & 11, Explanation of the Draft Constitution of the Khilafah

The following is from the draft english translation of the Arabic book مقدمة الدستور
أو الأسباب الموجبة له (Introduction to the constitution and the evidences that make it obligatory) published by Hizb ut-Tahrir 1382 Hijri (1963 CE). Please refer to the original Arabic for accurate meanings. Please note some of the adopted opinions of the Hizb have changed since the time the book was published so any of the adopted literature published after this book which contradicts what is mentioned in this book abrogates those specific points.

Article 10

All the Muslims shoulder the responsibility of Islam. There is no clergymen in Islam and the State should prohibit any sign of their presence among the Muslims.

Explanation and evidences:

Although Mujtahids are scholars, however not every scholar is necessarily a Mujtahid, for a scholar could either be a Mujtahid or a Muqallid (imitator). If the Muslim were to take the Shari'ah rule in order to act upon, this requires some consideration: If he took the rule from a Mujtahid, he in this case would be emulating the Mujtahid; if he took it from a non Mujtahid, he would be learning that rule from the person he had taken it form, and he would not be emulating him. However, if the Muslim were to take the rule in order to learn it, he would be learning the rule, whether he took it form a Mujtahid or a non Mujtahid. Therefore, these scholars, be it Mujtahids or otherwise, are not clergymen, for none of them has the competence to legitimise anything or prohibit anything, and they are just like any other Muslim vis-à-vis every single Shari'ah rule. None of them should distinguish himself in anything pertaining the Shari'ah rules from the rest of the Muslims, no matter how high his standing reaches in terms of knowledge, Ijtihad and reverence. Hence, that which is Haram upon others does not become permitted for him, nor does the obligation upon others become Mubah for him. He is rather like any other Muslim individual. Therefore, the idea of clergymen held by Christians has no existence in Islam and the concept of clergymen is specific to Christians, because to them, a clergyman does legitimise and prohibit; thus attributing such a term to the Muslim scholar inspires the exporting of the Christian concept to the Muslim scholars, despite the fact that Muslim scholars do not legitimise nor do they prohibit anything. therefore, it is not fitting to attribute the term of clergyman to a Muslim scholar; and there exists a host of explicit Ahadith prohibiting the emulation of Christians and Jews. Bukhari extracted on the authority of Abu Said Al-Khudri that the Messenger of Allah (saw) said: You shall follow the ways of those before you inch by inch and yard by yard; even if they were to enter a lizard’s hole you would follow suit. We said : O Messenger of Allah, the Jews and the Christians? He (saw) said: Who else?” This Hadith has been said within the context of prohibition. Hence, the emulation of the Jews and Christians is as it stands prohibited, let alone if this emulation were to lead to the generating of a Kufr concept among the Muslims. Considering the Muslim scholar as a clergyman is an emulation of the Christians who regard their scholars as clergymen; it also exports the Christian concept of clergyman to the Muslim scholar; hence, it is strictly prohibited, in terms of emulation and it is classified as even more strictly prohibited in terms of introducing the concept. Therefore, it would be wrong to refer to the Muslim scholar as a clergyman, and it is forbidden for the scholars to consider themselves as clergymen according to the Christians’ concept of clergyman. If one were to claim this within the context of this concept, he will be prohibited and punished for he will have committed a Haram. Hence, this article has been drafted.

Article 11

Conveying the Islamic Da'awah is the main task of the State

Explanation and evidences:

This article has been drafted because as well as being an obligation upon the Muslims, carrying the Islamic Da'awah is also an obligation upon the State. Although carrying the Da'awah forms part of the implementation of Shari'ah in the relationships, and although it is a Shari'ah rule that the State must implement, just like the individual must, carrying the Islamic Da'awah however is to the State considered as the basis upon which her relationships with other states is built. In other words, it is the basis upon which the whole of the State foreign policy is built. Therefore, carrying the Islamic Da'awah is the State's main task.

Evidence about the fact that carrying the Da'awah is an obligation is reflected in Allah's (swt) saying: [6-19] "And this Qur'an has been revealed to so that I may warn you and with it and those whom it reaches." T.M.Q., meaning to warn whoever this Qur'an reaches. Hence, the warning is to you and it is also a waning to those you convey it to; thus it is an invitation to them to convey it on behalf of the Messenger of Allah (saw). In other words, it is not a warning to you only, but rather a warning a warning to you and to all those whom the Qur'an reaches. Al-Tirmithi reported on the authority of Abdul-Rahman Ibn Abdullah Ibn Masud who quoted his father as saying that the Messenger of Allah (saw) said: “May Allah brighten a person who had heard my saying, perceived it, memorised it and conveyed it; for one may be carrying Fiqh (knowledge) to someone who is more of a Faqih than him.” Also, Allah (swt) say: [3-104] "Let there arise from among you a group calling to the goodness, commanding that which is good and forbidding that which is evil, and those are the one who will succeed." T.M.Q. He (swt) also says: [41-33] "Who is better in speech than one who calls to Allah, works righteous deeds and says I am one of the Muslims." T.M.Q. i.e. to the Deen of Allah. All these texts indicate that carrying the Da'awah is obligatory, and this obligation is general and applicable to both the State and to the Muslims as a whole. As for the fact that carrying the Da'awah must be the State’s main activity, its evidence is derived from the Hadith of the Messenger of Allah (saw) in which he was reported to have said: “I have been ordered to fight people until they profess that there is no god but Allah. If they said it, their lives and their wealth would be inviolable to me, except that which is by right and Allah (swt) will hold them accountable.” Abu Dawood also reported on the authority of Anas Ibnu Malik who said: “The Messenger of Allah (saw) said: “..and Jihad has been ongoing since Allah sent me and will continue until the last generation of my Ummah fight the Dajjal; it shall not be disrupted by the tyranny of a tyrant nor by the justice of a just.” Hence, the order to fight until those whom the Messenger of Allah (saw) profess that there is no god but Allah and that Mohammed is the Messenger of Allah, serves as evidence about the obligation of carrying the Da'awah upon the State, and the fact that this carrying, which is Jihad, is ongoing until the Day of Judgement serves as evidence that it is the State’s constant activity, which she is forbidden from disrupting; thus it is the main duty, because the main duty is that which is constantly performed under all circumstances and without any disruption.

Besides, the Messenger of Allah (saw) was in a constant state of Jihad ever since he settled in Madinah until he (saw) departed this world; Jihad to him (saw) was the main activity. The rightly guided Khulafa’ came after him and followed on his footsteps, assuming Jihad as their main duty. The State that the Messenger of Allah (saw) founded and headed, undertook Jihad as her main duty; when he (saw) departed, the State was headed by the Khulafa’ from among the Sahaba ® and likewise, the State’s main task was Jihad. Therefore, the evidence stipulating that carrying the Islamic Da'awah is the State’s main task is derived from the Sunnah and the Ijma'a of the Sahaba. Besides, the Messenger of Allah (saw) used to convey the Da'awah since Allah (swt) sent him as a prophet until he departed this world. He (saw) was in Madinah the Head of State; since he settled in there, he made his foreign policy as the main activity and the State’s focus of attention and preoccupation; the activities undertaken ranged from raids, expeditions, intelligence gathering, signing treaties and the like. All these activities were for the sake of conveying Islam and carrying its Da'awah to all people. When the Messenger of Allah (saw) sensed the strength of the State and her ability to carry the Da'awah internationally, he dispatched twelve envoys simultaneously to twelve monarchs inviting them to Islam. When he (saw) was satisfied about the might of the State within the Arabic peninsula, and about the spread of the Da'awah among the Arabs and people started to embrace the Deen of Allah (swt) in droves, he (saw) looked towards conquering the Romans, hence the battles of Mu’ta and Tabuk. This also serves as evidence that carrying the Da’awah is an obligation upon the State and that it is her main task.

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