Tuesday, January 14, 2014

Q&A: Officially Registering the Hizb in Dar Al-Kufr

Question:
Bismillah Ar-Rahman Ar-Raheem
Our Honourable Sheikh, the eminent scholar Sheikh Ata Bin Khalil Abu Al-Rashtah. May Allah protect you.
The important question concerning Hizb ut Tahrir in Indonesia:
Muslim Shabab in Indonesia asked me regarding Hizb ut Tahrir in Indonesia which is officially registered with the Ministry of Government Affairs in the Republic of Indonesia. Also some people (not many) claim this matter: that the Hizb in Indonesia does not differentiate between the truth (Haq) and falsehood (Batil), God forbid.
1. What is the comprehensive answer to this question our sheikh?
2. What is the ruling on registering the party with governments in Dar al-Kufr such as Indonesia? And can you explain to us the reasoning of the evidences? The scholar Ash-Shafi'i said in Al-Umm: that the Halal in Dar al-Islam is Halal in Dar al-Kufur and the Haram in Dar al-Islam is Haram in Dar al-Kufr... We want to benefit of your knowledge, our Sheikh, may Allah grant you success and guide your steps and make you a support for the Islamic Ummah, and I ask Allah to make it in your scale of good deeds.
Your brother by Allah: In need of Allah, Irfan Abu Naveed

Answer:
Wa Alaikum Assalaam Wa Rahmatullah Wa Barakaatuhu
Yes, my brother the Halal in Dar al-Islam is Halal in Dar al-Kufr and the Haram in Dar al-Islam is Haram in Dar al-Kufur, but your question is related to administrative matters and they fall under the Mubah (permitted) matters, whether in Dar al-Islam or Dar al-Kufr.
As the example of filing a request to acquire an identity card, or passport, or to abide by the traffic signs, or to commit to buy an airline or train travel tickets, or to commit to attend the working hours in the workplace or in University or school, or to write the list of the absentees and attendees in the workplace. All of these are administrative matters and are permitted in both Dar al-Islam and Dar al-Kufr and you are allowed to abide by them.
It is even permitted to transfer some of the administrative styles from Dar al-Kufr to Dar al-Islam. The story of adoption of the Diwan by Umar (ra) from the Romans and Persians in order to distribute the spoils is well known:
أخرج ابن أبي شيبة في مصنفه عَنْ أَبِي سَلَمَةَ، عَنْ أَبِي هُرَيْرَةَ، أَنَّهُ قَدِمَ عَلَى عُمَرَ مِنَ الْبَحْرَيْنِ، قَالَ: فَقَدِمْتُ عَلَيْهِ فَصَلَّيْتُ مَعَهُ الْعِشَاءَ، فَلَمَّا رَآنِي سَلَّمْتُ عَلَيْهِ فَقَالَ: «مَا قَدِمْتَ بِهِ؟» قُلْتُ: قَدِمْتُ بِخَمْسِمِائَةِ أَلْفٍ... فَقَالَ لِلنَّاسِ: «إِنَّهُ قَدِمَ عَلَيَّ مَالٌ كَثِيرٌ فَإِنْ شِئْتُمْ أَنْ نَعُدَّهُ لَكُمْ عَدًّا، وَإِنْ شِئْتُمْ أَنْ نَكِيلَهُ لَكُمْ كَيْلًا» ، فَقَالَ رَجُلٌ: يَا أَمِيرَ الْمُؤْمِنِينَ إِنِّي رَأَيْتُ هَؤُلَاءِ الْأَعَاجِمَ يُدَوِّنُونَ دِيوَانًا وَيُعْطُونَ النَّاسَ عَلَيْهِ، قَالَ: «فَدَوَّنَ الدَّوَاوِينَ وَفَرَضَ لِلْمُهَاجِرِينَ فِي خَمْسَةِ آلَافٍ خَمْسَةَ آلَافٍ وَلِلْأَنْصَارِ فِي أَرْبَعَةِ آلَافٍ أَرْبَعَةَ آلَافٍ، وَفَرَضَ لِأَزْوَاجِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، فِي اثْنَيْ عَشَرَ أَلْفًا اثْنَيْ عَشَرَ أَلْفًا».
Ibn Sheeba extracted in his Musanaf from Abu Huraira (ra) That he came from Bahrain to 'Umar (ra) and said: I came to him and prayed with him Isha Prayer, when he saw me, I gave my greetings, So 'Umar asked: "What have you brought?" He said: "I brought you five hundred thousand Dirhams..." Upon this 'Umar stepped up the Mimbar, praised Allah and glorified Him, then said: 'O people! A large amount of funds has reached us, so if you wish we can divide it among you in measure or if you wish we can count it. A man from among the people said: "O Amir al-Mu'amineen! I saw the non-Arabs set up account books (Diwan), so that they can record whatever they give to people." He said: "He set up the account books and gave the Muhajireen five thousand in five thousand and to the Ansar four hundred in four hundred and to the wives of the Prophet صلى الله عليه وسلم twelve thousand in twelve thousand."
Now going back to your question: What is the ruling of registration of the party with the government in Indonesia?
What took place is under the category of providing knowledge and information i.e. to inform them of the name of the party, its method and of its work... And there is no problem in informing them with this. If we found out they accept the information without having to commit to the laws of Kufr, then we register the party as work of administration. Currently no country accepted the registration on this basis without committing to the Kufr laws except three countries: Lebanon, Indonesia, and Tunisia... Even these three, they are all looking for an excuse to withdraw the party's registration...
For your information, the sufficiency of the parties to provide knowledge and information only is a law that traces back to the Ottoman state, it was the law of parties in 1909, it requests the party just to inform them of its address and the official headquarters of the party, even if this law is still in force in Lebanon because they did not agree on the law for its replacement yet, this is why during the registration of the party this text was included: "in reference to the 1909 law of the Ottoman State."
In summary, the Haram in Dar al-Kufr is haram in Dar al-Islam, which means that the wine is haram in Dar al-Kufr and Dar al-Islam, if a Muslim drinks alcohol in a Dar al-Kufr he has committed haram...
As is the case for the permissible, if the commitment to administrative matters such as working hours from eight o'clock am to two o'clock pm is permissible in the Dar al-Islam, it is also permissible in Dar al-Kufr, and this applies to the registration of the party or the issuing of identity card or passport... But it is not allowed to register the party if there are conditions to comply with the laws of Kufr, this is forbidden, as well as it is not permitted to get identification with the condition of drinking alcohol, this is not allowed... and so on.
If administrative matters were permissible in the Dar al-Islam, they are permissible in the Dar al-Kufr, unless there is a condition to participate in Haram. And as for the registration of the party in Indonesia, it is an administrative matter from the matters of providing knowledge and information without any commitment to the laws of Kufr, and that any country that accepts our registration administratively as a matter of providing knowledge and news without compliance to the laws of Kufr, is allowed. But if they stipulate a condition to compliance with the laws of Kufr then it is forbidden and not allowed. I hope that the matter is clarified.
Your brother,
Ata Bin Khalil Abu Al-Rashtah
11 Rabi' Al-Awal 1435H
12 January 2014CE
The link to the answer from the Ameer's Facebook page:

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