This article is written by Brother Abu Abdallah
On 27th July the appellate division of the Supreme Court in Bangladesh has given a verdict to change the constitution of Bangladesh with some observations. This verdict is seen as a triumph for those who call for restoration of the 1972 constitution laid down by the late President Sheikh Mujibur Rahman, father of current Prime Minister Sheikh Hasina. The Supreme Court appellate division has made a number of observations regarding the 5th amendment of the constitution of Bangladesh regarding which the high court previously gave a verdict abolishing the amendment and directing restoration of the 1972 constitution.
In fact the constitution of Bangladesh has been amended 13 times. The first four amendments took place during the time of Sheikh Mujibur Rahman which upheld the principles of "Bengali nationalism, secularism, democracy and socialism" as the fundamental principles of the Constitution. During this time politics based on religion has been outlawed and in fact the government has curtailed the rights of the people such as forming political parties leading towards formation of one party political system called ‘Bakshal', voicing opposition to government policies, violation of property ownership rights leading towards nationalization of every business sector, curtailing the press or media rights to report independently leading to closure of all newspapers except government owned media, and the right to defend in case of violation of his basic rights.
The second phase of amendment was introduced by Ziaur Rahman in 1979 which gave justification to the proclamation of Marshall Law and all the orders introduced so far during the period after 1975 as valid and can not be charged with any form of legal suit and the allowance of politics based on Islam. In fact in the 5th amendment the term ‘socialism' has been replaced with "social justice and equality for all" and ‘secularism' has been replaced with "Absolute Trust in Almighty Allah as the basis of making any law" and the introduction of the term ‘Bismillahir ar Rahmanir ar Rahim' as the first sentence of the constitution. Moreover, in the 8th amendment ‘Islam' has been made as the state religion. Finally the 12th amendments restored the parliamentary democracy system as opposed to presidential democracy while the 13th amendment has introduced the interim non-party caretaker government system to conduct free and fair elections for the parliament for a period of 90 days.
Briefly the constitution of Bangladesh has been juggling around the debate between pro-leftists led by the current reining Awami League for secularism and socialism, and BNP led pro-rightists calling for moderate democracy and Bangladeshi nationalism. However, never has the debate for the principles of 1972's constitution been as strong amongst the policy makers of Awami League as happened after their landslide victory in the 2009 parliamentary election as sketched by a compromise deal amongst the trio USA-UK-India. This is despite the election manifesto of Awami League in section 21.3 clearly stating that ‘Laws repugnant to Quran and Sunnah shall not be made. Due respect will be shown to the principles and values of all religions.'
Is the Government of Hasina Brave enough?
However after wining the election backed by a compromise deal amongst India-UK-USA, the government moved on to be tough on Islamic political parties as per the instruction of the imperialists, particularly the US i.e. in the case of Hizb ut-Tahrir, the most influential Islamic party in the country and elsewhere across the world. This was due to the fact that Hizb ut-Tahrir was effective in exposing the Hasina's collaboration with India in staging the slaughtering of 57 top army officials in the BDR mutiny. A move that strengthens India's ability to hold a grip over Bangladesh and the USA's ability to teach the Bangladeshi army regarding what it means to oppose the USA in its strategic objectives in the region. Moreover the leftist alliance of Hasina having failed to convince the Muslims of Bangladesh regarding Godless communist ideals for over 60 years in their history took this opportunity to press for a ban of politics based on Islam. Therefore they have exploited the anti-Islamic elements in Hasina's government for the call of secularism as the fundamental principle of the state.
However for Hasina, it is understood that she is calling for a scenario that Islam will be separated from the state vis-à-vis the state will not take action in promoting any Islam neither will she allow Islam to enter in public life. Because this law applies only to Islam since no other religion offers a complete code of human life except Islam. It seems that Hasina has favored the term secularism rather than being brave enough to say ‘banning Islam, Quran and Sunnah'. As for Muslims, we simply understand that this means we will not be able neither to call nor to perform complete Islam. Rather we have been offered to practice a no-economics Islam, no-politics Islam, no-social Islam, no-judiciary Islam, no-education Islam, no-care for ummah Islam, i.e. only salah Islam, only fasting Islam. Indeed this is therefore at all not Islam. To be true to her call for implementation of secularism, the Awami League led government has taken several challenging steps. These challenges is not only directed to the entire 150 million Muslims of Bangladesh or 1.5 billion Muslims of the entire world, rather her government has directed the challenge to the creator of the universe, the one and omnipotent Allah سبحانه وتعالى!
As for the first implication, there are several points to mention. By calling for secularism Sheikh Hasina's government is saying that, Quran and Sunnah are no longer relevant to our practical life! She is calling that, the government will no longer take activities to send people to Hajj under government control, no longer will spend money to build or maintain Masjids, no longer will they keep the Islamic Foundation, no longer will they change office timing during Ramadan, no longer will they help Muslims during the two Eid's preparation, no longer will they tolerate giving Azan i.e. calling for prayer, no longer allowing more than 0.5 million madrasa to operate etc.
As for the second implication, the government forces you to accept that Allah only exists for us in the mosque i.e. in praying. Once a Muslim gets out of the mosque, Allah dies (nawju-billah), He سبحانه وتعالى no longer exists in practice to guide our actions!
What about the wellbeing of the Ummah?
While the political elite of Bangladesh are looking forward to make secularism triumph to ensure their wellbeing, this has nothing to do with the general wellbeing of the ummah of Muhammad صلى الله عليه وسلم in Bangladesh. Indeed for the last 40 years the constitution of Bangladesh was secular and the term ‘Bismillahir ar-Rhaman ar-Rahim' was all but a cheap means to exploit the Islamic sentiment of the ummah. Indeed these secular parties used Islam for their political gain. However their secular constitution, has failed to deliver the basic rights of food, clothing, shelter, education, electricity, medicare etc. Still 48% of people in Bangladesh live under abject poverty, more than 50% are illiterate; the judicial system has collapsed, the education system produces around 350,000 educated unemployed each year, each government job requires 500,000 taka bribe etc. For the last 40 years these secular political parties have offered people nothing other than political killing, violence, general strikes, unprecedented corruption to the level that Bangladesh toppled the no. 1 position as the most corrupt country in the world for 5 consecutive years of secular democratic ruling. The secular politics has so far presented more than 120,000 political killings, more than 300,000 political arrests and thousands of violent political acts. All these things have happened while the rulers remained firmly on the grip of power and the ummah in the sheet. This is the true scenario of secular politics in Bangladesh. While the so called progressive socialist has offered Bangladesh the first terrorist group called ‘sharbohara' which administered thousands of terrorist acts as part of their political ideals called ‘class struggle and dialectics'. Indeed the government of Hasina comprises no less than 5 ex-terrorists from leftist parties. The acts of terrorism committed by these secular capitalists as well as communists go back to 1972. What an irony that, these secular terrorist parties are now leveling Islamic politics as terrorism!
Therefore, these constitutional reforms are nothing other than a design for the secular government to take full control over the political field in Bangladesh and ensure that their fragile system which is at risk from intellectual and political front due to the challenge from the enlightened Islamic ideology and facing collapse due to the ummah's rejection. However, nothing can work as a savior for the secular politics in Bangladesh. These desperate actions have exposed their weakness. Indeed the return of Khilafah will give them a final blow to their existence.
The Kufr method offered to deviate from the rule of Allah
Literarily Kufr means to hide. This is an age old technique whereby the sign of hypocrisy becomes clear in the mindset of those who use this method to deceive the people. After the destruction of Khilafah and subsequent resumption of power the politicians from the Muslim countries have been using this method to deceive the ummah of Prophet Muhammad صلى الله عليه وسلم. They have never spoken directly against the Quran. They have never said to the public that we are going to put this book "Quran" in the shelves and make our mind/ whim as the source of legislation. Quran as a source of legislation is null and void, let alone be the only source. This is because they have adapted a covert form of dilution. Indeed the declaration of Awami League in its election manifesto has been a real hypocrisy with the Muslims of Bangladesh. They have learned this from their western masters. In fact if we analyze the constitution of Bangladesh it clearly says in its Supremacy of the Constitution section 7(1) ‘all powers in the Republic belong to the people, and their exercise on behalf of the people shall be effected only under, and by the authority of, this Constitution.' While its section 7(2) states that, ‘this Constitution is, as the solemn expression of the will of the people, the supreme law of the Republic, and if any other law is inconsistent with this Constitution and other law shall, to the extent of the inconsistency, be void.'
Moreover, Article 65(1) states that, ‘there shall be a parliament for Bangladesh in which subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic...... provided that nothing in this clause shall prevent parliament from delegating to any person or authority, by act of parliament, power to make orders, rules, regulations, bye-laws or other instruments having legislative effect.'
Clearly the idea of the supremacy of the constitution made and enacted by humans like us make it absolutely clear that if anyone is forced to follow this law and if anyone is charged for not following this constitution, the feudal lord system has again resurrected in the form of democracy. Indeed it is the same old system made by the feudal lord as per his wish to subjugate the subjects under his feet and wishes or even whims. Democracy is the modern version of the same old system where humanity is forced to take man as the legislator rather than Allah سبحانه وتعالى.
Some questions therefore duly arises:
Why someone should obey a law made by others until unless he becomes lord and the cherisher of this and next world?
Why should someone like Obama make law and someone called Khalid accept this law as binding?
More specifically, should any Muslim be foolish (as well as sinful) to consider Sheikh Hasina or Khaleda Zia or the 330 members of parliament to be the lord to give law when a Muslim believes Allah سبحانه وتعالى exists and He is the one who gives law and we all shall return to Him and He is the one who will account us on the Day of Judgment?
Hasina may not believe that, our Lord the Creator of the Heavens and the Earth said in the glorious Quran:
إِنِ الْحُكْمُ إِلَّا لِلَّهِ
"The Hukm (judgment, legislation, command) is for none but Allah" [Yusuf: 40]
That is Sheikh Hasina's issue. However we do believe in Allah, the 150 million Muslims believe that Allah is Haqq and He is the one who decides. He is the one who gives us life and death and He is the one who will reward us with Jannah or punish us with Hell.
We the Muslims believe that the Quran is the final book from Allah سبحانه وتعالى and Quran has clearly and unequivocally stated that:
نَزَّلَ عَلَيْكَ الْكِتَابَ بِالْحَقِّ مُصَدِّقًا لِمَا بَيْنَ يَدَيْهِ وَأَنْزَلَ التَّوْرَاةَ وَالْإِنْجِيلَ
"It is He Who sent down to thee (step by step), in truth, the Book, confirming what went before it; and He sent down the Law (of Moses) and the Gospel (of Jesus) before this, as a guide to mankind, and He sent down the criterion of judgment between right and wrong." [Al-Imran, 3:3]
Moreover, the Quran clearly mentions that:
وَمَنْ يَبْتَغِ غَيْرَ الْإِسْلَامِ دِينًا فَلَنْ يُقْبَلَ مِنْهُ وَهُوَ فِي الْآخِرَةِ مِنَ الْخَاسِرِينَ
"If anyone desires a deen (way of life) other than Islam (fullest submission to Allah), never will it be accepted of him; and in the Hereafter he will be in the ranks of those who have lost." [Al-Imran, 3:85]
Therefore the idea of having a secular state in Bangladesh is simply banning these and hundreds more unequivocal and clear ayath of Quran. And indeed a reformed, curtailed book comprising only verses of salah, fasting and individual rituals is not Quran itself. Sheikh Hasina must know that she may not believe in these verses of Glorious Quran. She may not even believe in the following verses in Quran, where our Lord Allah سبحانه وتعالى clearly mentions that:
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الْكَافِرُونَ
"If anyone does not judge by (the light of) what Allah has revealed, they are Unbelievers." [Al-Mai'dah, 5:44]
She may not believe that, Allah سبحانه وتعالى says:
فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّىٰ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لَا يَجِدُوا فِي أَنْفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًا
"But no, by the Lord, they can have no (real) Faith, until they make you judge in all disputes between them, and find in their souls no resistance against Thy decisions, but accept them with the fullest conviction." [An-Nisa, 4:65]
Indeed by clearly mentioning her will to ban Islam from public and political life Sheikh Hasina has disrespected and denied the life and the struggle of our beloved Prophet صلى الله عليه وسلم as well as his companions. She has denied the mission of Allah سبحانه وتعالى in sending the prophets as well as in sending our beloved Prophet صلى الله عليه وسلم.
Allah سبحانه وتعالى has clearly said:
يُرِيدُونَ أَنْ يُطْفِئُوا نُورَ اللَّهِ بِأَفْوَاهِهِمْ وَيَأْبَى اللَّهُ إِلَّا أَنْ يُتِمَّ نُورَهُ وَلَوْ كَرِهَ الْكَافِرُونَ
هُوَ الَّذِي أَرْسَلَ رَسُولَهُ بِالْهُدَىٰ وَدِينِ الْحَقِّ لِيُظْهِرَهُ عَلَى الدِّينِ كُلِّهِ وَلَوْ كَرِهَ الْمُشْرِكُونَ
"They want to extinguish Allah's Light (with which Muhammad sws has been sent i.e. Islam) with their mouths, but Allah will not allow except that His Light should be perfected even though the kafirin (disbelievers) hate (it). It is He Who has sent His Messenger (Muhammad sws) with guidance and the religion of truth (Islam), to make it superior over all deen (way of life) even though the mushrikin (polytheists, pagans, idolaters, disbelievers) hate (it)." [At-Tauba, 9:32-33]
For the Ummah of Bangladesh
The Muslims in Bangladesh and elsewhere in the world must understand that democracy which is alternatively known as hypocrisy is not compatible with our sacred values of Islam. Democracy says ‘la ilaha illa-nas' instead of ‘la ilaha illal-lah'. It is a direct contradiction to our belief in Allah, in the angles, in the holy books, in the Prophets, in the Day of Judgment, in the qadda, that good and bad is from Allah, and in the resurrection. Democracy is the system that makes man rather than our creator omnipotent Allah سبحانه وتعالى as the Al-Hakim i.e. the lawgiver. It is the system that makes something forbidden in Quran and Sunnah as allowable such as interest, fornication, man-made rule etc and something allowable in Quran and Sunnah as forbidden such as ruling by Allah's law, political Islam, voicing concern for our Muslim brothers and sisters in occupied territories, implementation of complete Islam, hijab, niqab, nationalism and above all the call for Khilafah.
This is the democracy that the west want us to embrace and force upon us their intolerant, inhuman and jungle ideas whereby we are simply forced to accept partners besides Allah سبحانه وتعالى. Indeed this is the gravest of sins in the eye of Allah سبحانه وتعالى. We must work tirelessly to propagate the ideas of Islam and we must pray in Ramadan to Allah سبحانه وتعالى that He grants the ummah of Muhammad صلى الله عليه وسلم the victory so that the rule of Islam prevails and all other ism's are banned for good.
O Allah! Make Islam prevail to use this mad-made constitution as toilet tissue upon the return of Khilafah.