Saturday, November 23, 2013

Introduction to an Islamic Constitution for Syria and the Muslim world - Article 11

The following is the translation of an article from the book by Hizb ut-Tahrir entitled 'Introduction to the Constitution and the necessary evidences for it' which is the explanation of its draft constitution for the Khilafah state. This draft translation is from the second edition published in 2009 which was updated from the original published in 1963. Numerous brigades in Syria have agreed to the implementation of this constitution after the removal of the corrupt system that has brutally suppressed the people for decades. 



Article 11
Conveying the Islamic Da’wa (call to Islam) is the fundamental task of the State.

This article has been drafted because as well as being an obligation upon the Muslims, conveying the Islamic Da’wa is also an obligation upon the State. Although conveying the call to Islam forms a part of the implementation of Shari’ah in the relationships and although it is a Shari’ah rule that the State must implement as the individual Muslim does, it is considered as the basis upon which its relationships with other states is built. In other words, it is the basis upon which the whole of the State’s foreign policy is built. Therefore, conveying the Islamic Da’wa is the State’s main task.

The evidence that conveying the call to Islam is an obligation is reflected in the words of Allah (swt) “And this Quran has been revealed to me so that I warn you with it and those whom it reaches” (TMQ 6:19); meaning to warn whoever this Quran reaches. Hence, the warning is to you Muslims and it is also a warning to those whom you convey it to; thus, it is an invitation to them to convey it on behalf of the Messenger of Allah . In other words, it is not only a warning to you but rather a warning to you and to all those whom the Quran reaches. The Messenger of Allah  said: “May Allah brighten a person who had heard my saying, perceived it, memorised it and conveyed it; for one may be conveying Fiqh (knowledge) to someone who is more of a Faqih than him” (in Musnad Al-Shafi’i through ‘Abd Allah Bin Mas’ud).  Allah (swt) also said "Let there arise from among you a group calling to the goodness” (TMQ 3:104), and the goodness is Islam. He (swt) also says "Who is better in speech than one who calls to Allah" (TMQ 41:33), in other words to the Deen of Allah. All of these texts indicate that conveying the call to Islam is obligatory and this obligation is general and encompasses the State as well as the Muslims as a whole.

As for the fact that conveying the Da’wa must be the State’s main activity, its evidence is derived from the words and actions of the Prophet . He  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 their account is with Allah” (agreed upon, with the wording from Muslim). Al-Bukhari reported from ‘Urwah B. Al-Ja’d from the Prophet : “The horse which is tied to its forelock is good until the day of Judgement” and the horse is an allusion to the continuation of the obligation of Jihad. Additionally, Jihad is not restricted to whether the leader is righteous or immoral since it also indicates the continuation of the Jihad with the righteous and immoral as long as they are Muslim. Al-Bukhari used this narration as evidence for Jihad continuing with the righteous and the immoral leader when he separated a section with the title “Chapter Jihad Continues with the Righteous and the Immoral due to the words of the Prophet  “The horse which is tied to its forelock is good until the day of Judgement”. Ahmad also used it as an evidence in the same manner as Al-Bukhari. And in the same manner, it is reported by Said Bin Mansur through Anas who said that the Messenger of Allah  said “and Jihad has been on-going since Allah sent me and will continue until the last generation of my Ummah fight the Dajjal; it shall not be discontinued by the tyranny of a tyrant nor by the justice of a just”. This Hadeeth was also narrated by Abu Dawud and Al-Tirmidhi didn’t comment on it). So the order to fight until those who resist say that there is no god but Allah and that Muhammad is the Messenger of Allah, serves as evidence about the obligation of conveying the call to Islam upon the State. The fact that this conveying, which is Jihad, is ongoing until the last of the Ummah fights the Dajjal is evidence that the State’s constant activity is Jihad that is not permitted to be disrupted. The two narrations together indicate that the call to Islam is a constant action that is not to be interrupted; therefore, it is the main duty because the main duty is the action that is constantly performed under all circumstances and without any disruption.

Besides, the Messenger of Allah  was in a constant state of Jihad ever since he settled in Madinah until he  departed this world and Jihad was the main activity. The rightly guided Khulafaa’ came after him and followed in his footsteps assuming Jihad as their main duty. So the State that the Messenger of Allah  founded and headed undertook Jihad as its main duty; when he (saw) departed, the State was headed by the Khulafaa’ from among the Companions and similarly the State’s main task was Jihad. Therefore, the evidence stipulating that conveying the Islamic Da’wa is the State’s main task is derived from the Sunnah and the Ijma’ of the Companions.

Additionally, the Messenger of Allah  used to convey the call to Islam since Allah (swt) sent him as a Prophet until he departed this world. He  was the Head of State in Madinah and since he settled there he made his foreign policy the main activity and the State’s focus of attention. The activities undertaken ranged from raids, expeditions, intelligence gathering and signing treaties. All these activities were for the sake of conveying Islam and its Da’wa to all people. When the Messenger of Allah  sensed the strength of the State and its ability to convey the Da’wa internationally, he dispatched twelve envoys simultaneously to twelve monarchs inviting them to Islam, amongst them the Kings of Persia and Rome. Muslim reported from Anas Bin Malik: “The Prophet of Allah wrote to Kisra and Caesar and Al-Najashi and to every powerful one calling them to Allah”. When he  was satisfied about the might of the State within the Arabian Peninsula and about the spread of the Da’wah among the Arabs and people started to embrace the Deen of Allah (swt) in droves, he  looked towards conquering the Romans; hence, the battles of Mu’ta and Tabuk took place. This also serves as evidence that conveying the Da’wa is an obligation upon the State and that it is its main task.

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