There are those who say that Hizb ut
Tahrir depends on the period of Mecca in its quest for the establishment
of the Khilafah and not on the period of Medina. It views material
action, i.e. "Jihad" in the stage of calling for the establishment of
the Khilafah as a violation of the Shari'ah, because the Prophet صلى
الله عليه وسلم has not done so... The questioner adds: Why is the
evidence of the establishment of the Khilafah not taken from the
Medinese period, where Jihad was valid and applied? Is there a clear-cut
sufficient answer to the issue? Wa jazak Allahu khairan.
Answer:
Within this question lie several matters that require explanation:
1. The relevant evidence, whether from
the Book or from the Sunnah, must be followed comprehensively, and there
is no difference between the evidence emerging in Mecca al-Mukarrameh
and the evidence emerging in the Medina al-Munawwarah.
2. The required evidence is one that pertains to the issue, rather than evidence that does not pertain to the matter:
a. For example, if I wanted to know how
to perform ablution, I would search for evidence pertaining to ablution,
whether revealed in Mecca or in Medina. The ruling is then extracted
from the evidence according to the established legal (Shar'ii)
methodology... But I would not research evidence on fasting to extract
from it the ruling of ablution and its modalities.
b. As another example, if I wanted to
know the provisions of Hajj, I would start searching for evidence
pertaining to Hajj, whether revealed in Mecca or in Medina, and from it
the ruling is extracted according to the established legal (Shar'ii)
methodology. I would not research the evidence of prayer to extract from
it the provisions of Hajj and its modalities.
c. As a further example, if I wanted to
know the provisions of Jihad: Whether as an individual or as a
collective obligation, whether defensive or aggressive, what pertains to
Jihad from the provisions of conquests and spreading Islam, whether the
conquest takes place by force or through conciliation... I would
research the evidence on Jihad wherever it is to be found, whether
revealed in Mecca or in Medina, and the ruling is extracted from it
according to the established legal methodology. But I would not research
the evidence on Zakat to take from it the ruling of Jihad and its
details.
d. This is the modus operandi in every
issue, the evidence is researched whether revealed in Mecca or in
Medina, and from this evidence the Shar'i ruling of the issue is taken
according to the established legal methodology.
3. Now we come to the issue of
establishing an Islamic state, and we search for its evidence, whether
revealed in Mecca or in Medina, and extract the Shar'i ruling according
to the established legal methodology.
We do not find any evidence to establish
an Islamic state, except that which was presented by the Messenger of
Allah صلى الله عليه وسلم in his Seerah in the Holy City of Mecca. He
called to Islam secretly, then forming a believing, steadfast
block...then he announced it among the people in Mecca and its
surroundings...then seeking support from the people of power and
strength. Eventually Allah showed mercy to him صلى الله عليه وسلم
through the Ansar, so the Prophet صلى الله عليه وسلم emigrated to them
and set up the state.
This is the evidence of the
establishment of the State, and there is no other evidence. The
Messenger صلى الله عليه وسلم showed it to us in his Seerah through
clear-cut evidence, and we have to commit to it. The issue is not one of
the Meccan period before the imposition of Jihad, or the Medinese
period after the imposition of Jihad. Rather it is a research for
evidence pertaining to the establishment of the State, which is only to
be found in Mecca until the Messenger of Allah صلى الله عليه وسلم
migrated to Medina and established the State.
It is one matter while Jihad is a
different matter. As we said, the evidence on the establishment of the
State is taken from its precedents, and the evidence on Jihad is taken
from its precedence, and they are different and independent from each
other. Therefore Jihad is not suspended in the absence of the Khilafah
state, because the Messenger صلى الله عليه وسلم says:
«وَالْجِهَادُ
مَاضٍ مُنْذُ بَعَثَنِي اللهُ عَزَّ وَجَلَّ إِلَى أَنْ يُقَاتِلَ آخِرُ
أُمَّتِي الدَّجَّالَ، لَا يُبْطِلُهُ جَوْرُ جَائِرٍ وَلَا عَدْلُ
عَادِلٍ»
"Jihad is ongoing since Allah
Almighty sent me until the last of my Ummah will fight the Dajjal,
neither the injustice of an oppressor nor the justice of a righteous
will suspend it." [Reported by al-Bayhaqi in as-Sunan al-Kubra from Anas Bin Malik]
Therefore, Jihad is ongoing within the framework of its Shar'i provisions, whether the Khilafah has been established or not.
And the work for the establishment of
the Khilafah is not suspended because the rulers suspended Jihad. The
work for the Khilafah goes on until it is established, because it is
prohibited for the Muslims who are able to, that there shall be no
Bay'ah to a Khaleefah in their necks. Muslim narrated from Abdullah Bin
Umar who said: I heard the Messenger of Allah صلى الله عليه وسلم say:
«مَنْ
خَلَعَ يَدًا مِنْ طَاعَةٍ، لَقِيَ اللهَ يَوْمَ الْقِيَامَةِ لَا حُجَّةَ
لَهُ، وَمَنْ مَاتَ وَلَيْسَ فِي عُنُقِهِ بَيْعَةٌ، مَاتَ مِيتَةً
جَاهِلِيَّةً»
"Who withdrew his hand from
obedience will meet Allah on the day of resurrection without an argument
for himself, and who died without a Bay'ah in his neck, died the death
of Jahiliyah."
Hence Jihad is ongoing, and the work for
the Khilafah continues until it is established, none of them depends on
the other, they are two different issues. For each issue its Shar'i
evidence is sought, and from it the ruling specific to the matter is
extracted according to the established legal methodology.
4. Therefore commitment of the Hizb to
the method of the Prophet صلى الله عليه وسلم as he demonstrated in Mecca
until he established the state in Medina, and the non-use of
hostilities during the phase of calling for the establishment of the
Khilafah, have nothing to do with the Meccan or the Medinese period.
Rather there is no evidence on the establishing the State except for
what the Prophet صلى الله عليه وسلم demonstrated in Mecca until it was
established in Medina. Therefore the issue is the method of the
establishment of the state, but there is no other method except what the
Prophet صلى الله عليه وسلم demonstrated in his Seerah in Mecca.
If the issue was the work of the Islamic
State and its institutions... then we had taken it from the evidence
demonstrated by the Messenger of Allah صلى الله عليه وسلم in Medina,
because the State was established there.
5. Conclusion:
A. The provisions on any matter are
taken from the evidence that pertains to this matter, whether revealed
in Mecca or Medina. Such that the provisions of fasting are taking from
the evidence on fasting, and the provisions of prayer are taken from the
evidence on prayer, and the provisions of Jihad are taken from the
evidence on Jihad as well as the provisions of the establishment of the
State are taken from the evidence on establishing the State...and so on.
B. The commitment to the method of the
Prophet صلى الله عليه وسلم in Mecca for the establishment of the State
stems from the fact that there is no other evidence on the establishment
of the State except that which was demonstrated in the Holy City of
Mecca. Had there been evidence on the establishment of the State
originating in Medina, then this evidence too would have been made a
source of research.
We ask Allah Almighty's help and success
for the establishment of an Islamic state, a rightly guided Khilafah
that restores honor in Islam and Muslims, and humiliates Kufr and
Kuffar, such that goodness prevails throughout the world, and that is
beloved to Allah
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