Monday, January 21, 2013

Al-Jihad wa'l Qital fi as-Siyasa ash-Shar'iyya CONTENTS PAGE


Download the contents from here.
This is a draft translation of the contents page from the book 'Al-Jihad wa'l Qital fi as-Siyasa ash-Shar'iyya'. This three volume book is the work of Sheikh Dr. Muhammad Khayr Haykal which was his PhD thesis from the University of Damascus, Syria.
This book covers many issues related to Jihad and fighting, but its primary focus is the Jihad and fighting that will be performed by a future Khilafah.
We intend to translate and publish selected sections of this book in the future insha'Allah.
Please note the page numbers correspond to the Arabic book which can be downloaded from here.

Q&A: What is the current status of the global economic crisis?


Question: Where does the global economic crisis currently stand, which began in the USA and engulfed Europe and then the world?
Answer: To shed light on this subject, we will mention the following:
1. The collapse of the real estate market in the US spread across the world resulting in the collapse of many banks, which lead to unprecedented government intervention to halt global economic collapse. The result however, was what is now called the great recession, the worst since the great depression of 1929. The global financial crisis brought to light the fact that the boom of the preceding decade was in reality driven by debt and after five years the world's largest economies continue in their failure to resolve this.
2. United action has been attempted by the world's largest economies in order to coordinate a resolution to the crisis. This was argued on the basis that the global economy is interlinked due to the effects of globalisation and a collective, global approach would be in the world's best interests. This unified approach did not last long as economic nationalism - were each country fights for its own survival spread as each nation expected other nations to fund a global reserve. Various meetings and conferences of the G20 agreed different types of bailout fund to help grieved economies, how this was to be funded led to most of the bailouts to never move forward from the paper they were written on. The economist highlighted in 2010: "But the re-emergence of a specter from the darkest period of modern history argues for a different, indeed strident, response. Economic nationalism—the urge to keep jobs and capital at home—is both turning the economic crisis into a political one and threatening the world with depression. If it is not buried again forthwith, the consequences will be dire."
3. Stark exchanges between the Germans and the Americans have taken place on the best route for the future of the global economy. Angela Merkel along with the majority of the other countries suggested the unsustainable growth model of the US with its cheap credit and debt fuelled growth, from the government's perspective using stimulus funds was obsolete. The need to control national deficit levels through austerity measures has been the European approach. Austerity measures are typically taken if there is a threat that a government cannot honor its debt liabilities. This is a very specific objective and different to economic growth. With the threat to the credit ratings of most of the world's largest economies many have resorted to austerity i.e. reducing the government deficit to please the financial markets. The problem with the austerity approach is such a policy in reality is not geared towards growth, which would create jobs and income for society and thus lead to overall economic growth but towards cutting the government debt.
4. The US approach of pursuing stimulus has fared no better. Stimulus entails increasing government spending using money that is borrowed primarily from abroad in the case of the US from countries such as China, or simply created by central banks literally by entering digits into a computer. Any stimulus was always a high-octane boost and a temporary measure. They are designed to kick-start stalled economies, not to fuel sustained economic growth. The growth that has been achieved is really the inflated results of stimulus measures achieving their intended effect to be temporary. Hence stimulus just props up government and service industry jobs which die off when the stimulus ends, leaving an economy in much the state it was when the stimulus started.
5. Western governments also resorted to Quantitative Easing (QE), a new development which was an electronic method of printing money. This unconventional policy was used by central banks to stimulate the national economy when conventional policy had failed. A central bank implements Quantitative Easing (QE) by buying financial assets to inject a pre-determined quantity of money into the economy. This is achieved by purchasing financial assets from banks with new electronically created money. This action increases the reserves of banks. At the start of 2013 the global economy is no better then the start of 2012 and many are on the verge of going into recession again. Reports continue to emerge since the beginning of 2013 of the possibility of the UK going into atriple dip recession. The UK like much of the world's trillion dollar economies continues to suffer from the effects of the global financial crisis. Thus QE in reality has had no impact as the banking industry has not used this new money to issue new loans and mortgages. QE has effectively become a bank bailout.
After 5 years of economic crisis, the global economy is still reeling and with unemployment constantly increasing social chaos has already begun in Europe. All attempts to solve the crisis have not dealt with debt fuelled growth, whilst debt caused the problem more debt was thrown at it, Western governments attempted to treat the patient with the disease itself.
Finally there are three possibilities that may eventually lead to economic recovery, we mention in descending order:
- The first is the double dip recession turns into a depression, prices hit rock bottom and this leads to property, loans and commodity prices being seen as cheap and this kick starts economic growth as such assets are then purchased.
- The second possibility is China bails out the West. China's vast trade and financial surpluses are causally linked to the unsustainably large debts of the US, UK and a swathe of the Eurozone. It would be in their interests to bail out the West. This would also mean the Western world will have to accept Chinese global leadership. Here the issue is not whether the West will accept such a bailout but rather will China pursue such a policy.
- The third, the Khilafah State shines on the world, and the Islamic economic system starts to be implemented. Then, not only will the Muslims benefit, but rather the whole world that will deal with the Khilafah. This would make the global crises disappear or bring it under control.
2nd Rabee' I, 1434
14/1/2013

Delhi Rape Case & How Islam Dignifies Women


On the 16th of December 2012, Damini, a 23 year old Indian medical student fell victim to a brutal assault and gang raped by six men on a bus in the Indian capital Delhi. A fortnight after that she died from her injuries. Damini’s case sparked mass protests across India against the Indian police and government’s negligence and laidback attitude towards the protection of women from sexual violence.

Rape has taken the shape of almost a cultural ritual, an everyday occurrence and the fastest growing crime in India, the world’s largest democracy. Many sexual assaults go unreported due to large numbers of women having lost faith in the system to protect their dignity as a consequence of the scale of the problem, a culture of impunity afforded to offenders by police, cases that drag on for years through the courts, and abysmal conviction rates.

According to statistics, a woman is raped every 20 minutes in India, and 24,000 rape cases were reported last year alone. “Hindustan times” reported in a survey that 78% of women in Delhi had been sexually harassed in 2012 alone.[i]

Increasing number of people as a result of this incident called for the death penalty as a punishment for the rapists hoping that this would become a deterrent for future would-be rapists.  The government also rushed to ban buses with tinted windows.

But would these steps really bring an end to this heinous crime ? To understand this there is a need to assess the reason why such a heinous crime has taken the shape of an epidemic in the first place.
The root cause lies in the increasing embrace of the western way of life in India. The West offers individual freedom as the progressive basis of life. By individual freedom what’s meant is that an individual is completely free in how he or she lives his or her life.

As a result of this, natural aspects within man are taken and put into the public life such that it is propagated everywhere – the sexual relationship. It is true that people have a procreation instinct from which we get the feeling of wanting to have children, of motherhood of fatherhood and also an aspect which is sexual.

Sex is promoted everywhere from billboards, movies, music, adverts – everywhere. They have taken something which should be for the bedroom, for the private life and promoted it in the whole society.
The nature of instincts is that reality agitates them – so if the image and portrayal of sex is everywhere then it is bound to agitate the instincts of men and women – what will this lead to?

In August 2002 the Observer Newspaper in UK, the heart of the Western world published the findings of an Observer / ICM poll on sexual attitudes and behaviour of Britons. A total of 1,027 people aged 16 and above were questioned about their views of sex in the 21st Century. It found that more than half of Britons have had a 'one night stand' and that the average number of sexual partners in the UK stands at 10.
If we take a quick look at the West’s record we find that in their societies the top five problems in the social and marital life are:
  • Mistrust and Adultery - 70% of American wives commit adultery within 5 years of marriage.
  • Divorce - one in three end up in divorce.
  • Rape - 167 women are raped every day in the UK.
  • Wife battery - a battery incident occurs every 18 seconds in the America.
  • Child molestation and paedophilia - in Britain a quarter of a million people are known paedophiles!.
The situation in India is much similar, in a survey conducted by OutlookIndia magazine in 2011,
·         52.3 % respondents of the survey considered one-night stands as acceptable.
  • 80 % of respondents in Hyderabad considered casual sex as a great stress-buster
  • 53.8 % of Delhiites lost count of the number of times they paid for sex  
  • 23.8 % of Bangaloreans have had casual sex with someone of the same gender [ii]
These are the fruits of freedom and these should not be considered surprising but in fact are an inevitable occurrence since a solution proposed by man’s limited mind will never be able to address the intricacies of human life and its requirements.

Therefore, we need to refer to the Creator (subhanahu wa ta’aala), Who is All-Aware of His (subhanahu wa ta’aala) creation and how it is that humanity should regulate their lives.

The West views Women as sex objects. They value women by their looks – making women obsessed about looking the right way and how men perceive them.

And this problem is not limited to the west, rather has been exported wholesale to countries like India who is trying to catch up with the liberal west.

The Bollywood culture, along with other entertainment, advertising, and pornography industries sanctioned by India’s secular liberal democratic system have presented the woman as an object to play to the desires of men, sexualized society, encouraged individuals to pursue their selfish carnal desires, and promoted extra-marital relationships, nurturing a culture of promiscuity and cheapening the relationships between men and women. All this has desensitized the disgust that should be felt towards the violation of women’s dignity in the minds of many men.

So the root problem is not just that India does not have sufficiently strong punishments or that there are too many buses with tinted windows, but it is a more deep rooted problem of a society
-          that has lost its moral compass,
-          that has encouraged sexualisation of woman in films and advertising,
-          that has encouraged free mixing as we saw on New Year’s eve and will see at Valentines
-          and instills concepts of freedom and the unrestricted satisfaction of needs and instincts.

The Islamic view towards woman

Islam does not believe in the ideas of freedom, liberation, or equality of the woman, for it does not leave the human being to decide how he or she should live her life according to her own desires or allow mankind to legislate their own laws for the society and create their own system from the ignorance, bias, greed, and limited understanding that they have of each other’s needs. The system comes completely from the Creator, covering all of life’s affairs: ruling, economic, judicial, education and the social system dealing with the relationship and duties of men and women within the society. As a verse in the Holy Qur’an states in a chapter entitled Ahzab,

)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 fitting for a believer, man or woman, when a matter has been decided by Allah and His Messenger, to have any option about their decision. If anyone disobeys Allah and His Messenger, he is indeed on a clearly wrong path”.                                                                                             [TMQ Ahzab:36]

Within Islam, the Muslim woman has contentment in her life, for the only expectations she has to live up to are those of the Creator and not the continually changing or unrealistic expectations of her husband, family, community or society. She is not expected to be the superwoman who has a successful busy career but at the same time has to fulfill the duties of being a wife and mother perfectly.

With regards to the honour, respect, and security that a woman deserves, Islam establishes this in two ways. Firstly, Islam rejects liberal freedoms and rather promotes taqwa (God-consciousness) within society that nurtures a mentality of accountability in the manner by which men view and treat women. It prohibits the sexualisation of society as well as all forms of objectification and exploitation of women’s bodies, such that the relationship between the sexes is never cheapened or the woman devalued. It celebrates a comprehensive social system that regulates the relationship between men and women, and includes a modest dress code, the segregation of the genders, and prohibition of extramarital relationships – all of which directs the fulfillment of the sexual desires to marriage alone, protecting women and society.

Islam commands that the man views the woman as an honour to be protected at all times and as a trust that the Creator has placed in his hand, whether it is his mother, daughter, wife, or any woman in society. He understands that his treatment towards her can bring him either reward or punishment in the Hereafter. In a hadith of the Prophet Muhammad (saw) he said, “The world and all things in the world are precious but the most precious thing in the world is a virtuous woman”.

In his last sermon to the Muslims, he (saw) reminded them, “O People, it is true that you have certain rights, with regards to your women but they also have rights over you. Remember that you have taken them as your wives only under Allah’s trust and with His permission. If they abide by your right then to them belongs the right to be fed and clothed in kindness. Do be kind to them for they are your partners and committed helpers.”

Within a true Islamic Society, the correct Islamic concepts will affect the men within the society at large, who will view the woman as an honour regardless of whether she has a career or not. This can be seen in an example at the time when there was a true Islamic society. The leader or Khalifah at the time of this example was Umar bin Al-Khattab (ra). A situation arose where a Jew was found assassinated. Umar asked the people if they knew about the matter, whereupon a muslim called Bak’r in Shad’dakh appeared before him and said, “I have killed him”. Umar was astonished and asked him for the reason. The man explained that a Muslim brother had gone on Jihad and consigned his family members to him to look over in his absence. When he arrived at the house of the brother, he had found the Jew inside reciting poetry slandering the reputation of the brother’s wife by implying that he had spent the night with her in his absence. As a result, he killed him to protect the honour of the woman who had been placed under his protection. On hearing all the details, Umar exempted him from paying any compensation to the family of the Jew.

The second manner by which Islam protects the honour of the woman is by the presence of an Islamic State or Khilafah. The Khilafah is the ruling system of Islam that applies all of the commands of Islam that includes for example the prayer, the fasting, the zakat (obligatory charity), the economic laws, the social system that regulates the relationship of men and women within the society, and the punishment system of Islam. It is this true Islamic State that existed for over 1300 years but has been absent over our lands today for almost 80 years. This explains the increasing rape, domestic violence, shame, and humiliation that the woman faces presently within the Muslim world. It is only through the re-establishment of the Khilafah that will enable the propagation of the correct viewpoint and mentality to the individuals within the society through the education system and the media and have the authority to enforce the appropriate punishments upon those who dishonour the woman.

Ustadh Abu Khaled Al Hejazi

Saturday, January 19, 2013

Mali and the Treachery of the Rulers

It is with great anger that the great Ummah of Muhammad صلى الله عليه وسلم are witnessing another war against Muslims and another military campaign in Muslim lands. From the very start of this new assault reports have been coming in of about the killing of civilians and children by the French war machine which includes air bombardment and ground invasion. The French President Francois Hollande has stated clearly whilst visiting the Gulf States that he will not permit the establishment of an Islamic State in Mali.
France's hatred towards Islam is well known and just recently Francois Hollande during his visit to Algeria made it clear that neither he or France would ever apologise for the slaughter of one million Algerians at the hands in the second half of the 20th century in addition to the thousands of rapes and horrendous acts of torture committed in the name of the Republic. Although this hatred is blatant the real reasons for this attack is for France to maintain its influence within Africa which is rich with vital natural resources and minerals and it fears not only the loss of its influence and interests in Mali but other African states that may follow.
Indeed this Ummah has been attacked by its enemies and continues to be attacked by its clear enemies in many Muslim lands and Mali is an addition to a long list including Chechnya, Kashmir, Palestine, Afghanistan, Yemen, Pakistan and the collaboration of all the western countries in regards to the continuation of the spilling of innocent blood in Syria is a matter that hides no ambiguity.
This war against our Ummah and lands is not unexpected and it is only natural that the colonial western powers will target us not only for our vast natural resources which they desire to be theirs but also because we represent the only foreseeable challenge to them in the future, which they see drawing nearer and nearer. However what is not natural and disgusts us the most is the support that our Muslim rulers have given to France and its allies to conduct this campaign. During Francois Hollande's visit to the Gulf States after the bombs has already began to fall in Mali, he stated that he is expecting the full support of the Gulf States. Not only was this red carpet laid out for this colonial murderer of Muslim children and invader of Muslim lands but help and support was offered to him by these traitorous rulers to the point where vast amounts of money has been pledged to support the French campaign. This in addition to the support given by the North African States and acquiescence of all others.
Allah سبحانه وتعالى says:
إِنَّمَا يَنْهَاكُمُ اللَّهُ عَنِ الَّذِينَ قَاتَلُوكُمْ فِي الدِّينِ وَأَخْرَجُوكُمْ مِنْ دِيَارِكُمْ وَظَاهَرُوا عَلَىٰ إِخْرَاجِكُمْ أَنْ تَوَلَّوْهُمْ ۚ وَمَنْ يَتَوَلَّهُمْ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ
"Allah merely forbids you from taking as friends those who have fought you in the deen and driven you from your homes and who supported your expulsion. Any who take them as friends are wrongdoers."
(Al-Mumtahanah, 60:9)
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَتَّخِذُوا الْيَهُودَ وَالنَّصَارَىٰ أَوْلِيَاءَ ۘ بَعْضُهُمْ أَوْلِيَاءُ بَعْضٍ ۚ وَمَنْ يَتَوَلَّهُمْ مِنْكُمْ فَإِنَّهُ مِنْهُمْ ۗ إِنَّ اللَّهَ لَا يَهْدِي الْقَوْمَ الظَّالِمِينَ
"Oh you who believe! Do not take the Jews and Christians as your friends; they are the friends of one another. Any of you who takes them as friends is one of them. Allah does not guide wrongdoing people."
(An-Nisaa, 5:51)
The betrayal and treachery of those who claim to rule us have no limits. Their loyalty is and has always been to their masters who made and established them after the destruction and removal of the Islamic State from existence in the international arena and the dissection of the Ummah into its many smaller parts, each with their own flags and national anthems.
It cannot be disputed that the loyalty of each and every one of these rulers is to the West and not to Allah Azza Wa Jalla and the believers. In this case, as made clear in the above Noble Aayah, Allah سبحانه وتعالى has declared that he is free of them and they are nothing to Him, so the question that follows is: Will we now free ourselves and clean our hands of them? And will we work to bring back the representation of the honour, might and power of this Ummah that the West broke and are working night and day along with their puppets in the Muslim world to prevent from coming back? Will we also work night and day to re-establish the Islamic State, the Khilafah upon the path of the Prophethood, leading to the resumption of the Islamic way of life in this Dunyaa? The Imaam who will stand in the way of the aggression, protect our lives, honour, wealth and sanctities?
The Messenger of Allah صلى الله عليه وسلم said:
"Verily only with the Imaam will you have a shield behind which we will fight and behind which we will be protected." (Saheeh Muslim)
Source

Egypt’s Constitution and the Facade of Change (part 2)


Ali Harfouch

3-    Islamic Law and Sovereignty
Establishing an Islamic political system is a means, and not an ends as ‘the State’ is a necessary entity by which the political and social based Islamic legislation is implemented and thus the will of the Absolute creator is sovereign in all domains of life. In other words, the purpose of Shariah and ‘the State’ in Islam is; the preservation of Allah’s sovereignty in the political sphere. Islamic law is however eviscerated of its divine and revelatory nature, more so, of its primary purpose when it loses its sovereignty and its principles are reduced to a “main source of legislation” while sovereignty is held by a Secular parliamentary establishment. The will of the divine, as expressed through Shariah, is subordinated to the will of competing and contending political factions in Parliament. From a rational perspective alone, this is absurd as epistemic authority is, by its very nature, relegated to revelation which emanates from the will of the Absolute as  opposed to the limits of our parochial ‘reason’ or the volatile ‘ will of the people’ (i.e. an aggregate of” morally autonomous rational individuals”).  The constitution is thus fundamentally flawed, on both a rational and religious basis – and will continue to be so as long as the Secular political architecture and its overarching conceptual-framework is preserved.
Reformist will point to the second, fourth, and other clauses which state that the “Principles of Shariah” are the ‘main’ source of legislation. First and foremost, the architecture of ‘the State’, its conceptual basis, obligations, duties, and legislation are to be, from an Islamic normative perspective all derived from revelation. Legislation and the implementation of law is one dimension of any political system.
Secondly, the “Principles of Shariah” which Article 219 designates as “al-Adilla al-Kuliyya, al-Qawa’id al-Fiqiyya, and al-Qawa’id al-Usuliyyah” are not in themselves sources of legislation but rather they are conceptual tools and modalities used by scholars to understand the nature and dimensions revelatory legislation in a holistic way. Separating the “Principles of Shariah” from the content of Shariah is thus to eviscerate the principles from its content and substance.  Not to mention, that these principles are subjective and historically contingent to the factors and environment in which they were developed. Having rendered the “Principles of Shariah” from their content, context, and substance they are then informed and defined by temporal hegemonic political paradigms.

4-    False Dichotomies
When confronted with explicit and manifest Qur’anic injunctions of the Absolute political and legislative sovereignty of the Creator – a common retort is to secondary and misplaced Usuli or jurisprudential principles such as the “lesser of two evils”. Both “evils” are products of the same dismal reality with one being slightly less “evil” subjectively of course, than the other. Furthermore, one of these two evils is absolutely unavoidable; there is no third-way, a third option. In the end, they end up legitimizing and preserving the very same political architecture and structural conditions which had produced those two “evils”. The irony being, that by choosing the lesser evil they end up legitimizing the “evil” origins of both.  This stems from nothing short of political naivety and superficiality. Seemingly not having learned from the experiences of a revolution which was far more effective than any ‘legitimate channel for participation’ which taught reformist and revolutionaries alike that the options or ‘legitimate channels’ designated by the illegitimate political system are not immutable nor do they serve as the only options for change, if anything, they preserve the status-quo. What is all the more perplexing is the fact that the referendum in Egypt is not over that of an Islamic constitution versus a Secular constitution but rather a Secular constitution which subordinates the sovereignty of the Absolute Creator to that of the Created. And hence the ‘sovereign’ majority will decide whether or not the will of the Absolute is given a secondary status in the newly drafted constitution or no status at all. The rational and religious absurdities of this are quite obvious.

An Alternative Trajectory for Egypt
Economic progress, social cohesion, and political stability are unattainable without political and economic independence. And the key to this politico-economic independence lays in the intellectual liberation through the introduction of a counter-hegemonic alternative to the dismal status-quo in Egypt. Surely,  counter-hegemonic alternative would offer nothing but utopian ideals nor does thrive off the exclusionary politics of nationalism but rather a humane, liberating, and practical alternative from which we can derive both a coherent set of political, economic, and principles and also, a politico-economic and social system which embodies this principles. What is needed is a coherent vision and a comprehensive politico-economic program to deal with the deeply-rooted structural problems and contradictions in Egypt’s faltering system. A cosmetic reform under the masquerade of an Islamic-Democratic-Free Market hybrid “Nahda” program as espoused by the Freedom and Justice Party would fall short of the needed radical structural transformations. The necessary trajectory and answer to the crisis lies not too far from the roaring chants and cries of Egypt’s “Islamist” majority – that answer being; a principled and actual articulation and implementation of what revolting populations around the Muslim world are demanding, they want Islam in power, and not Islamist in power.

Ali Harfouch is a student of Political Studies at the American University of Beirut working in Islamic activism with Islam Policy.

Egypt’s Constitution and the Facade of Change (part 1)


Ali Harfouch

It is indeed difficult, amidst the heat of an intense and immediate battle or conflict to retain objectivity, remain principled, and orient ones thinking as to balance between long-term and supplementing short-term goals. The clashes and political turmoil in Egypt – and their intensity have instantiated this difficulty as Muslims continue to rally in support of Mursi and the draft constitution mainly in response to the fierce response of the Secularist following the November 22 constitutional decree. And of course the perceived victory makes it all the more difficult to critically understand the reality of the scenario.

Few however have critically asked about the structural factors or mechanisms which have perpetually created similar conflict in Egypt. And whether or not the existing political framework under which the constitution is being drafted, is even legitimate. We will argue below, as follows (1) political reform, in this case, legislative reform within the political architecture of ‘the State’ does not bring about a change in the concepts and political principles carried by a society for the state is a reflection and political manifestation of pre-existing ideas. (2) Calls for the implementation and designation of Shariah as a “main source of legislation” fail to acknowledge the reality of the prevailing political system, namely, the overarching Secular fixated framework of which the constitution is merely a product. (3) Designating the “Principles of Shariah” as a “main source of legislation” in a Secular political system in which revelation is not sovereign but rather subordinated to the sovereignty of a political institution – Parliament – is not only at fundamental odds with an Islamic worldview but rationally nonsensical. And (4) the Yes/No dichotomy which had been set up prior to the referendum vote is fallacious in that it assumes a false dichotomy and the jurisprudential principles employed to justify

1-    Legislative Reform does not induce Change
Any constitution is the legislative expression and reflection of ideas within a community or political society – the framework of implementation for which is ‘the State’. In other words – ideas adopted by a society produce a constitution and the respective authority which implements its content. And thus, legislative reform does not produce ideas nor does it bring about political change.






What this means is that, any paradigm shift, cannot come through incremental legislative reform for example a Capitalist system cannot be transformed into a Socialist system nor can a Secular system become an Islamic system. Dissolution of the constitution requires dissolution of the political framework which produced it, and the dissolution of that political-framework requires dissolution of the ideas from which it naturally emerged. Constitutions do not produce societies, but rather it is the binding ideas of a society which produce a constitution. A reformation of a constitution merely makes the existing system work better. What Islamic movements like the Muslim Brotherhood fail to realize is that political power is a means and not an ends. Rosa Luxemburg, in her critique of Reformism explains
 “Every legal constitution is the product of a revolution. In the history of classes, revolution is the act of political creation, while legislation is the political expression of the life of a society that has already come into being. Work for reform does not contain its own force independent from revolution. During every historic period, work for reforms is carried on only in the direction given to it by the impetus of the last revolution and continues as long as the impulsion from the last revolution continues to make itself felt. Or, to put it more concretely, in each historic period work for reforms is carried on only in the framework of the social form created by the last revolution. Here is the kernel of the problem.”
A common response contends that the Secular factions in Egypt would make the prospects or push for an Islamic system unfeasible at this given time. However, this fails to acknowledge that the Secular factions in Egypt are a minority whose power is only magnified vis-à-vis their hegemony over “reality-defining” institutions like the media. Secondly, preserving a Secular political-framework and failing to explicitly demarcate the conceptual boundaries between Islam and ‘the Secular’ in Egypt will not diminish the scope of those Secular factions in Egypt – if anything, it will only increase and sustain it. As a matter of fact, the very strength of the Secular factions and hybridity of Egypt’s intellectual fabric is a direct result of Egypt’s long-relationship with colonialism, be it through military colonization or more importantly the colonial institutions such as the nation-state.
A chief impediment towards the realization of an Islamic political system is the aura of transcedency it has gained, through “Islamist” discourse over the decades, becoming a sort of Utopian vision and the ultimate expression of an Islamic society. And the ‘State’ is no longer a means or an instrument but rather a sort of Hegelian ‘ends’.  Those who are quick to dismiss the notion of introducing an Islamic constitution in Egypt seemingly fail to realize that the polarization between two contending camps during the referendum crisis was between those who sought a more “Islamic” constitution and those who sought a more “Secular” constitution. Supporters and those who rallied around the President did so based on ‘ideological’ affiliations to Islam, and a desire to see Islam being introduced into the political realm. However, the nature and content of this more “Islamic” constitution is a task delegated to their leadership with whom they affiliate based on their Islamic ideological inclinations.
2-    The Conceptual Framework of the Constitution is Secular
A Nation-State is essentially the politico-legal expression (‘the State’) of a ‘Nation’ – an identity- whose existence preceded that of ‘the State’. Several elements constitute the ‘identity’ of a Nation, including language, race, and religion. All of which (language, race, and religion) however, are part of the ‘Nation’s narrative. And as such, religion as a secondary characteristic and feature is part of (and not definitive of) a National Identity and subsequently expressed legally through constitution or law. The states identity, principles, and structure is defined in the introductory section of the constitution and is based, as stated above, on Secular paradigms and not revelation despite the fact that it is the identity, principles, and structure of the state which most directly orients and influences not only the actions of the people but also their consciousness and subjectivity.
A reference to the “Principles of Shariah” is thus not an ‘Islamic’ element in a Secular constitution by rather the natural expression of the Nations Secular identity and a domestication of Islam. An explicit example of this is in the draft constitutions introduction which proclaims;
Constitution of 1971Draft Constitution of 2012
Identity of the state: ”The Arab Republic of Egypt is a democratic state based on citizenship.The Egyptian people are part of the Arab Nation and work for the realisation of itscomprehensive unity.”Identity of the state: “The Arab Republic of Egypt is an independent state with unified sovereignty that cannot be divided. Its system is democratic. The Egyptian nation is a part of the Arabic and Islamic nations (Umma). It is proud to belong to the Basin of the Nile and Africa, as well as of its Asian extensions.”

Even the most Secular of States, mention ‘State Religion’ or designate the religious affiliations of the heads of state.
Furthermore, the process by which a constitution is reformed and drafted is primarily defined and informed by the conceptual-framework and ideas which underlie ‘the State’ and is in no way absolute. For example in Egypt, the principles of Arabism, Parliamentary Democracy, and Republicanism define both the political architecture of the system, the framework of the constitution and the content of the legislation it implements. As illustrated below, the constitution is embedded within the politico-economic framework of ‘the State’ which itself is the product of a overarching worldview-principles.
(Similarly, the Qur’an and Sunnah define the boundaries of Ijtihaad in Islam and the political architecture of the system which emanates from the Qur’an and Sunnah) And thus the “Islamic” legislation passed in Egypt would be implemented by a Secular political system which is nonsensical. It would seem absurd to suggest that Liberal legislation be implemented within the framework of a Socialist political system. If that were the case for two ‘Secular’ and Eurocentric systems than what would be the case for divine revelatory legislation being subordinated and implemented by a Secular system? Islam, through its holistic worldview and comprehensive revelation provides man with the politico-institutional framework through which Islamic law is implemented and that system is the Khilafah. It is for this reason that the first article in the draft constitution adopted by Hizb ut-Tahrir for the Islamic State is:
“ The Islamic ‘Aqeedah constitutes the foundation of the State. Nothing is permitted to exist in the government’s structure, accountability, or any other aspect connected with the government, that does not take the ‘Aqeedah as its source. The ‘Aqeedah is also the source for the State’s constitution and shar’i canons. Nothing connected to the constitution or canons is permitted to exist unless it emanates from the Islamic ‘Aqeedah.”.
There is a fundamental difference between Islam being part of the constitution and the constitution being based on Islam. It follows that:
(1)  The Egyptian Constitution is temporally Relative and not Absolute.
(2)  The Qur’an as an epistemic base of knowledge is Absolute by its revelatory nature.
(3)  It is thus irrational for the Qur’an to be part of the temporal Egyptian constitution.

Reason, contrary to what the Democratic mimics in the Muslim world might think, does not serve as the epistemic base from which legislative injunctions are derived. The only “reason” which supersedes over the principles of State and the revelatory injunctions of Islam is that of the Descartian “I” i.e. the prevailing reason of the colonizing European man who super-imposed is socio-political and economic models on the Muslim world. Popular sovereignty, Nationalism, and Parliamentary Democracy were all the products of the European man’s revolt against the despotic Church and the absolutization of ‘reason’. A Eurocentric ‘reason’ thus reigns authoritatively superior to the divine ‘will’.

Ali Harfouch is a student of Political Studies at the American University of Beirut working in Islamic activism with Islam Policy.

Tafsir Al Quran: Surat Al Fatiha - Sheikh Abu Talha (Part 2/3)

Sheikh Abu Talha expounds on the meanings of Surah Al Fatiha which was revealed during the early stages of the dawah in Makkah. In his unique style and presentation he links the message of the Quran into our current scenario and the oppression and obstacles faced by the Islamic dawah carriers which are similar to those faced by the Prophet Mohammed (SAW) and the Sahaba (RA). He also extracts the method to carry the dawah from the way Prophet Mohammed SAW and his companions' actions in Makkah.

Abu Talha explains the social environment of Makkah and the greater Arabia during the time this surah was revealed to Prophet Mohammed (SAW) & compares it with the current socio-political situation in the world, especially in the Muslim world.


Saad Jegranvi's Statement upon Release


Media office
Wilayah of Pakistan
H. 25 Safar 1434
M. 2013/01/08
No:PR13003
Press Release
Saad Jegranvi's Statement upon Release
The End of the Rule of Tyrants and the Rise of the Khilafah is Assured

Allah subhannau wa taala said,
((وَقُلْ جَاءَ الْحَقُّ وَزَهَقَ الْبَاطِلُ إِنَّ الْبَاطِلَ كَانَ زَهُوقًا ))
"Truth has come and falsehood has vanished. Surely falsehood is ever bound to vanish." [Surah Al-Israa'a 17:81]

The Kayani-Zardari regime and its thugs have been forced to change tactics in their lowly attempts to silence the Word of Truth. The regime failed to slow the call for Khilafah through becoming kidnappers, carrying out abductions of the advocates for Khilafah, with the whereabouts of Naveed Butt, the spokesman for Hizb ut Tahrir, unknown since May 2012. So, after the failure of these cheap tactics, the regime "graduated" from kidnapping to flagrant lying and baseless slandering. Accordingly, the regime seeks now to ensnare advocates for Khilafah in cases fabricated by the regime, submitted in courts over which the regime exerts pressure to make judgment according to the law that the regime itself sets for these courts.
However, despite all of this, the courts did not find that the members of Hizb ut Tahrir constitute a "threat" to the state. Indeed, this release confirms that Pakistan is inhabited by Muslims whose forefathers strove for its establishment for the sake of Islam and who seek Islam to this day. This is what grants the courtrooms for the release of the advocates of Khilafah, despite the pressure from the tyrants on behalf of their masters in the White House. Moreover, the release of Saad Jegranvi confirms that the actual threat to our state is America itself and its small group of agents amongst the Muslim civilian and military leadership.
We assure this failed regime that Inshallah soon they will see their end, rather than the end of the call to the Truth, revealed by Allah (swt). We assure the regime that wherever the advocates for Khilafah are, in the prisons of the tyrants, in the streets amongst the people or in whereabouts unknown, as in the case of Naveed Butt, they are all under the Protection and Mercy of Allah (swt), the Most Merciful of all those who bestow Mercy. And we assure you, O traitors amongst the military and political leadership, and your thugs, that you need only wait for a little while more before a righteous Khaleefah, gathering the entire wealth and strength of the Ummah as one powerful state, will avenge the Muslims of your evil thus far. So have mercy upon yourselves in preparation for that day, by desisting from any more evil and standing aside!
We call upon the people of power to work with Hizb ut Tahrir to replace the collapsing and failing Kayani-Zardari regime with the rule of Islam, through its Khilafah state. Do not tolerate such traitors within your rows and ranks anymore, for they are steering our country to destruction for the pleasure of our enemies. Indeed, the wisest of the people of power are the ones who seek to elevate their status in the Aakhira by stepping forwards now to restore Islam to its rightful place.


The Media Office of Hizb ut Tahrir in Wilayah of Pakistan
Hizb-ut Tahrir: Media office
Wilayah of Pakistan
Address & Website
http://www.hizb-pakistan.org

Sunday, January 13, 2013

Tafsir Al Quran: Surat Al Fatiha - Sheikh Abu Talha (Part 1)

Sheikh Abu Talha expounds on the meanings of Surah Al Fatiha which was revealed during the early stages of the dawah in Makkah. In his unique style and presentation he links the message of the Quran into our current scenario and the oppression and obstacles faced by the Islamic dawah carriers which are similar to those faced by the Prophet Mohammed (SAW) and the Sahaba (RA). He also extracts the method to carry the dawah from the way Prophet Mohammed SAW and his companions' actions in Makkah.

Abu Talha explains the social environment of Makkah and the greater Arabia during the time this surah was revealed to Prophet Mohammed (SAW) & compares it with the current socio-political situation in the world, especially in the Muslim world.


Q&A: Ismail al-Wahwah and Sheikh Issam Ameirah



Q&A from Hizb ut-Tahrir Scandanavia's Conference 2012

Video: Can Moderate Islamic Parties Ensure Change in the Muslim World? By Ustadh Ismail al-Wahwah

Q&A: Latest Political Developments in Pakistan


Question:
On December 27 2012, Bilawal Bhutto Zardari the only son of President Zadari formally announced his entry into Pakistani politics. Please can you explain as to why he has chosen this moment to enter the Pakistani political medium and is this move connected to the Pakistani general elections in 2013?
Answer:
One needs to bear the following points in mind before answering the question:
1. The political medium in Pakistan and other countries of the Indian sub-continent are dominated by rich families who have been involved in dynastic politics from the early days of independence from the British Raj. These families in collusion with major powers such as Britain and America have dominated the political life of Pakistan, India and Bangladesh, and view ruling these respective countries as their birth right. Hence, it not uncommon to find the political landscape in Pakistan dominated by the Bhutto family or the Sharif brothers, the political scene in India overshadowed by the fortunes of the Gandi family, and the political life in Bangladesh governed by the antics of the families of Zia Rahman and Sheikh Mujibur Rahman.
Bilawal is shaped by this mindset and regards participation in Pakistani politics as a way of continuing the legacy of his maternal grandfather Zulfikar Ali Bhutto, the father of Benazir Bhutto who was the mother of Bilawal. Thus Bilawal made several references to this political legacy that he wishes to continue. Speaking at his unveiling ceremony close to his mother's tomb he said that the Pakistan's Peoples Party (PPP) stood for "food, clothes and shelter" and he said, "The PPP is not just a political party. This is our life."
2. In the sub-continent, foreign powers and their intelligence agencies spend a great deal of time and effort to cultivate and win over family members from these political dynasties to rule on their behalf. It is one of the preferred styles of major powers to dominate and control the political medium via political dynasties. And when a member of a political dynasty becomes no longer useful or they oppose the wishes of their master the person is quietly retired from active politics or is killed. In the case, of the Bhutto family, members have been killed or assassinated in ensuing struggles between Britain and America for control of PPP.
Hence it is not surprising to see Britain and America courting and encouraging Bilawal to follow in the footsteps of his mother or grandfather.
3. Another factor in Bilawal's formal declaration is to reverse the flagging fortunes of the PPP. The PPP has been badly discredited through numerous corruption scandals, incompetence and nepotism. The plummeting popularity of Zardari has also hurt tremendously the ability of the PPP to mount an effective campaign for the general elections scheduled for later this year. With this in mind, the young Bilawal was encouraged to partake in the public lime light and reconnect traditional PPP values with the disgruntled PPP voter base. This in many ways is similar to what Rahul Gandhi tried to do for the Congress Party a few years ago. It should also be remembered that because of his age, Bilawal is unable to contest the upcoming general election. So his role is more ceremonial and a beginning of a long political grooming journey.
4. But perhaps the most important factor in Bilawal's announcement is that America is desperate for fresh faces untainted with corruption scandals to participate in Pakistan's political life. The whole edifice of Pakistan's political structure is tainted with crony politicians who are incompetent and no longer represent the interests of their constituencies. With the formal introduction of Imran Khan 2011 and Bilawal in 2012, America is looking to move away from the current political malaise that has taken hold of the country.
In conclusion, Bilawal's entry into Pakistan's political scene is to give some boost to PPP cadres ahead of the upcoming general elections as well as to begin his political grooming. However, America is facing huge obstacles in its efforts to bring fresh faces to the political landscape. The foremost of which is anti-Americanism and the renewed political awakening amongst the people. Because of this development, American efforts to promote Imran Khan have been disastrous as people view Imran Khan as a staunchly pro-American man surrounded by a sea of American agents committed to preserving its hegemony in Pakistan. It is more than likely that Bilawal will be viewed in a similar manner, if not worse as the stigma of his father will haunt him forever.
24 Safar 1434
2013/01/06


Saturday, January 05, 2013

CMO of HT & Media Office in Wilayah of Syria, about the Latest Developments of the Revolution of Syria Al-Sham


Central
Media office
H. 14 Safar 1434
M. 2012/12/28
No:1434 AH /09
Press Release

The Central Media Office of Hizb ut Tahrir
Holds a Press Conference with the Media Office in Wilayah of Syria,
about the Latest Developments of the Revolution of Syria Al-Sham
(Translated)

On Thursday 27 December 2012, the Central Media Office of Hizb ut Tahrir invited media representatives to attend a press conference, convened by Hisham Al-Baba, the director of the Hizb ut Tahrir Media Office Wilayah of Syria. The following is a summary of the main ideas presented during that conference:

- The latest plots against the Syrian Revolution were hatched when America, realizing the inevitability of the fall of its agent Bashar and the failure of its previous plots, sent its envoy Lakhdar Brahimi on one last mission to promote a political solution (as they claim) to retain Al-Assad with the formation of a transitional government that would enable America to take control in shaping the post-Assad regime, thereby aborting the revolution of Al-Sham and preventing the establishment of the Khilafah state. This malignant American plan exposes how obstinately America holds on to the old regime and its hostility towards the revolution of Al-Sham and the Muslim Ummah, and thereby, this plan gave a final green light for the continuing death and destruction, and added to that the criminal regime's survival with Bashar the murderer at its head, without any legal accountability or legitimacy and completely free to continue the killing, torture and destruction.

- America is behind the survival of the murderous Bashar in power, and behind his crimes against our people, and behind Russia and Iran in providing the Syrian regime with offensive weapons of death and destruction, and behind the Arab League and the envoys and agents that were sent by it, and behind the complacency of the OIC that slumbers while the issues of the Muslims are in the balance, and behind the United Nations Organization and its "In-Security Council" ... and indeed were it not for America, Bashar would not survive as the protector of Israel - safe in the world, despite his utter rejection by the people of Syria; a rejection with no parallel in history.

- So now it is time to put matters right, as outlined in the following points:

1. Refusal of foreign intervention, regardless of who that foreigner is or the nature of his intervention; because he believes in capitalist, disbelieving and promiscuous ideas, and it is not legitimate to refer to his judgement.

2. Total rejection of Lakhdar Brahimi's initiative, and his expulsion from the pure land of Sham, because he works as an agent inspired by America; his past is white according to them but black to the Muslims, and all who sit with him, or his likes, are considered traitors to Allah and His Messenger and his religion and the affairs of the Muslims.

3. Beware of the rulers of the Muslim world; because, without exception, they are all agents and lackeys of the disbelieving capitalist West, especially those who pretend they are with the revolution, for they are lackeys of the West just like the rest, and the West's devious plan is to distribute roles among them.

4. Beware of the satellite TV channels, both the foreign ones that are Arab-speaking, and the Arabic ones that hypocritically pretend to support the revolution in order to affect its course and deviate it from its proper Islamic path so as to be tainted with subservience to the West .

5. Rejection of the propaganda calling for a Civil State, which is based upon secularism and the call for democracy, and this is forbidden in and contrary to Islam.

6. Beware of secularists from our fellow Muslims who were brought up on the ideas of the West and its way of living and thinking, and who unwittingly are the enemies of Islam, especially after they understood Islam according to the mould of the West's way of understanding religion.

7. Beware of the call to resort to the judgement or intervention of the United Nations and the UN Security Council and similar suspect organizations affiliated with them; they are all tools in the hands of the West to colonize our lands, and to interfere in our affairs, and impose international, un-Islamic laws upon us.

8. It behoves the Islamic Ummah to embrace the revolution of Al-Sham and support it by all available means, for what occurred in this revolution warrants soul-felt hunger for the continuation of its Islamic character, while the whole world conspires against it in order to erase its Islamic character. Therefore, it is imperative for all the Muslims to support it.

9. Immediate action to restore the dignity of human beings, and restore the legitimate rights to its people, and punish the criminals according to the provisions of Islamic law fairly, by virtue of a court and without confusing between the innocent and the criminal. And the prevention of collective punishment under any excuse or pressing circumstance.

10. To grant support to Hizb ut Tahrir in its struggle to establish the Khilafah state in Syria-Sham, and to give allegiance to a Khalifah on the basis of ruling by the Islamic Shariah. The Khilafah state would implement Islam in its entirety from the very first day of the swearing in of the Khalifah of the Muslims; there is no transitional stage as they claim, as well it will be extended to all the Muslim countries, by the will of Allah the Almighty.

We in Hizb ut Tahrir bring you glad tidings that the revolution of Al-Sham will continue until the complete collapse of the regime, from top to bottom, is achieved, and until victory is achieved, and there is no victory without arbitration by the law of Allah, and the establishment of the Righteous Khilafah with Allah's help, and we ask Allah Almighty that Al-Sham will be the heart of the Khilafah.

Osman Bakhach
Director of Central Media Office Hizb ut Tahrir
Hizb-ut Tahrir:
Central Media office
Address & Website
Al-Mazraa P.O. Box. 14-5010 Beirut- Lebanon
www.hizb-ut-tahrir.info
Tel: 00961 1 30 75 94 Mobile: 00961 71 72 40 43
Fax: Telefax
E-mail: media (at) hizb-ut-tahrir.info