The following is are extracts of a translation from an Arabic Q&A from the time of Sheikh Taqiuddin an-Nabhani.
بسم الله الرحمن
الرحيم
Answer and question
Question:
The Hizb says in some of its answers and questions that the
Hizb does not give Fatwaas and that the Shabaab are not Muftis (those who give
out legal verdicts) and if he was to be asked for a Fatwaa then he should
respond frankly by saying that we are not Muftis. And this opinion means that
we turn the people away from asking us about the Ahkaam Ash-Shari'yah and this
means withholding knowledge and both of these are not correct to come from us.
This is because turning the people from the Hizb is not correct because one of
our most important aims is to make the Ummah embrace the Hizb and to make the
ideas of the Hizb dominant upon the people. And because withholding knowledge
is not permissible due to the statement of the Messenger (saw): <> so how do we reconcile between the opinion of the Hizb and what we
are aiming to achieve and that which has been made Waajib upon us by the
Shar'a?
Answer:
The following has been stated in the definition of the Hizb
as published in the last page of the book 'Mafaaheem': [Hizb-ut-Tahrir is a
political party who's Mabda is Islam] and it was also mentioned in Mafaaheem:
[It is obligatory for the bloc that carries the Islamic Da'wah to be a
political bloc and it is not permitted for it to be a spiritual bloc, moral
bloc, scholarly or educational bloc or anything from this type or similar to
it. Indeed it is necessary for the Kutlah (block) to be political and from this
understanding came Hizb-ut-Tahrir. It is an Islamic party, a political party
whose work is political and it works to culture the Ummah with the Islamic
culture in which the political aspect stands out] and in the following was mentioned
in the book 'At-Takattul: [And when the Mabda (ideology) becomes embodied in
the people it is not possible to keep it restrained but rather it drives them
towards carrying the Da’wah so the actions become shaped by it and proceed
according to its method and restricted by its limits. Their existence becomes
solely for the sake of the ideology and for carrying the Da’wah to it,
fulfilling its legal responsibilities. And this Da’wah aims at making the
people embrace this ideology alone to the exclusion of anything else and
towards bringing into existence ‘Al-Wa’ee Al-Aamm’ (general awareness)] and
then it says: [The general awareness about the ideology will lead to the
unifications of the thoughts, opinions and beliefs within the majority if not
the whole of the Ummah and through this the goal of the Ummah is unified as
well as its Aqeedah and viewpoint in life].
And it is also mentioned in the book ‘At-Takkatul’: [It is
necessary to place a thick barrier between the mind and the academic aspect so
that the Hizb culture does not take the direction of the academic school
culture]. It then states: [It is necessary to place a thick barrier between
those who have become part of the Hizb and the academic aspect in the Hizb’s
culture and to pay attention that the purpose of the Hizb culture is to change
the concepts and to work in the battlefield of life and to carry the
intellectual leadership to the Ummah and it is not permissible for this person
to hasten towards the academic aspect]. It then states: [And it is dangerous to
push forward with the culture towards the academic aspect because it will take
away from the essence of the work]. These thoughts, indeed these concepts are
image of the Hizb and they represent the image of every Hizbi in the Hizb. This
is because the Hizb represents a complete intellectual sensation and as such
every Hizbi is the Hizb and the image of the Hizb is the image of every Hizbi.
And as long as this is the image of the Hizb and the image of every Hizbi then
it is impossible for him to be a Mufti and it is not correct for him to be one.
As for him, he is a Da’wah carrier that proceeds on the political path and this
is political and nothing else.
The image which is imprinted in the minds of the people in
regards to any personality from amongst the personalities whether this
personality is a Shakhsiyah Haqeeqiyah (real) like a leader’s personality or
the personality of the ruler, or this personality can be a Shakhsiyah
Ma’nawiyah (in perception) like the personality of a political party or a
charitable association. And it is this which determines how the people behave
towards this personality and defines their behaviour towards it. And the image
of Hizb-ut-Tahrir which it is attempting to imprint in the minds of the people
is the image of the aware leader (Qaa’id), the innovative/creative politician,
the image of the judicious thinker and the image of the just ruler. This is
because he aims at leading the Ummah in the struggle against peoples and
nations, and he desires to revive her with the correct revival with the
enlightened thought, and he strives to take her authority and take care of her
affairs and take charge her issue. Therefore if the image that she (the Ummah)
has of this personality does not manifest the characteristics of true leadership
then how will she hand over her leadership to it and rush forward towards
martyrdom in the way of achieving its goal?
Indeed the enemies of Islaam have given the Muslims a
distorted image of the Messenger of Allah, an image that is stripped from the
thoughts of Islaam and they were able through this to make the leadership of
the Muslims with Islaam seem like a matter of wishful thinking and that taking
the Messenger of Allah (saw) as the example in politics and leadership would
lead to failure within authority and politics. And as long as this image does
not return to the minds of the Muslims then they will never be led by Islaam
and as long as the image of Abu-l-Qaasim (the Nabi (saw)) remains as a vague
imagination in the Ummah then she will never be able to gain the strength to
struggle against Kufr and the Kuffaar. Therefore providing the Ummah with the
correct image of its Islaamic leadership is alone what will make the leadership
of the Ummah firm and what will make her capable of entering the struggle with
nations.
And giving the Muslims an image of Hizb-ut-Tahrir as a Mufti
would make her pray behind it but it would not make her led by it and it would
make them go to it for knowledge but not for protection and the caring of her
affairs. As such then we if we want to take leadership of the Ummah then it is
necessary that the Ummah takes from us the image of a leader, a political
image, an image of a thinker and strong ruler and there is no way to achieving
this except by providing her with the image of Hizb-ut-Tahrir. As such it was
from the most important of obligations to be committed to, that the image of
every Hizbi is the image of the Hizb in the eyes of the Ummah. And in addition
that the personality of every Hizbi be a personality of political struggle in
the eyes of the people which is attempting to take the leadership of the people
so as to contest the throes of struggle. That the behaviour of every Hizbi be a
behaviour of someone who engages in struggle built upon awareness for the sake
of focusing on the flag and achieving the objective and this means nothing
other than raising the word of Allah, breaking the material obstacles so as to
open the way to the Islamic Da'wah. This is the personality of the Hizb in its
true reality and this is its image and true essence. Therefore it is obligatory
for every Hizbi to provide the people with the image of Hizb-ut-Tahrir just as
it is and not the image of a Mufti or Muftis.
The Mufti is the one is open to give Fatwaas and the people
go to him asking him about the Hukm Shar'i in relation to specific acts which
they or others have come across and the 'Aalim is the one whose work is to
explore knowledge in the books but does not address the people with Fatwaas
although if asked about a specific issue then he will provide an answer to it
as an issue and not as a specific Hukm for a specific occurrence. The Waa'izh (preacher) is the person who reminds the people about the punishment of Allah, with Jannah
and the Day of account whereas the teacher is the one who teaches the
individuals naked knowledge without any regard to its applicability to reality,
circumstances or to acting upon it. And each of these four types manifests an
image which differs from the other so the image of the Mufti is different from
the image of the 'Aalim, and the image of the Waa'izh (preacher) is different
from the Mu'allim (teacher) and even if the Waa'izh was in fact a teacher, and
an image of the possessor of each characteristic from these characteristics is
what is represented and none other and this is even if he possessed all four of
these attributes/characteristics. As for Hizb-ut-Tahrir it does not possess the
characteristic of a Mufti because he does not put himself forward to giving
Fatwaa and he does not look into the acts of individuals in their description
as individuals to provide them with Shar'iah rules but rather he is only a
politician who cares for the affairs of the people with the Shar'iah rules. The
Hizb also does not possess the characteristic of the 'Aalim because its work is
not to sift through knowledge in the books and even if it revises the books
seeking to obtain knowledge because sifting through knowledge is not its work
or purpose but is rather a means employed within its work which political. It
is also not a Waa'izh reminding the people of the Aakhirah and he does not turn
the people away from the Dunyaa but rather he takes care of their affairs and
he gives them awareness about the Dunyaa so that it takes mastery over it and
it makes the purpose of the Dunyaa the happiness of the hereafter and obtaining
the pleasure of Allah. And it is also not a teacher even if it cultures the
people with the thoughts and rules so teaching knowledge alone is not its work
and it does not concern itself with it and it only aims at acting in accordance
to the thoughts and rules so it provides the knowledge linked to its reality
and circumstances politically and not as knowledge and so as to take care of
its affairs and not as education.
As such it is from the acts of Zhulm (injustice) to say that
the Hizbi is a Mufti and it is a deviation if the Hizbi becomes a Mufti. It is
true that there is nothing to prevent answering the questioner in regards to
the Hukm Shar’i in a specific act but rather he cultures him with the Hukm that
he has been asked about and he pulls him towards knowledge and enlightenment.
So he takes a question that is suitable for culturing and provides the answer
as culture and not as a Fatwaa. So he does not turn people away the question
regarding the thoughts and the Ahkaam but does the opposite so he answers so as
to attract them to him and to enlighten the minds with the thoughts of the Hizb
and its opinions. However he does not put himself forward to provide Fatwaas
but rather turns the questioner away from seeking a Fatwaa and enters with him
into a discussion in which there is culturing for the questioner with a Hukm
Shar’i so that he acts according to his knowledge which he has given him and
not with what he has taken from the Fatwaa. So there is an underlying danger in
addressing people with the Fatwa and to give the Hukm Shar’i as a Fatwaa from
amongst the Fataawaa. If this happened it would transform the Shabaab of the
Hizb into something that they are not and following from this it would distort
away the image of the Hizb. He also does not conceal knowledge but rather he
does not provide it as mere knowledge and rather must provide the knowledge as
effective culture, as an enlightened thought and as a concept from amongst the
concepts which affect the behaviour. From this the atrocity of turning the Hizb
into a Mufti becomes apparent and for the Shabaab of the Hizb to become Muftis.
That would lead to the real destruction not just for the Shabaab alone and not
just for the Hizb but rather for the Ummah which needs to be led by the Hizb
and the Mabada (ideology) which it carries when it transforms it from being a
viewpoint for life to being a treatment of the individual alone.
This Hizb has been tested with three attempts to shift it
from its true nature, attempts to pull it away from politics towards the Deen
and Fiqh. So when the Naa’ib (elected representative) began to give purely
political speeches in the Jordanian representative assembly, this caused a stir
amongst some of the Shabaab who are no longer present amongst others who
questioned: Where is the Islaam in these speeches? And where are the Aqaa’id
and Ahkaam in the discussions of Hizb-ut-Tahrir in parliament? Then it occurred
again when the Hizb began to make its weekly comments (statements) and political
comments which led to many of the Shabaab of the Hizb amongst others say: The
Hizb has deviated from its path and it can no longer be counted as an Islamic
Hizb and it has become a political party just like the other political parties.
And they began to attempt to direct the Hizb away from politics and from the
political publications so as to return to publications of the ruling of Islaam
and discussion around the Ahkaam As-Shar’i. Then when the Hizb began to attack
the persons in ruling and restricted its publications to opposing their actions
and restricted itself to the action of striking at the relationships between
the authority and the Ummah then many of the Shabaab amongst others made a big
issue about this that the Hizb attacked the personalities (i.e. rulers
themselves) and chose to expose certain acts of certain rulers, and they said:
The Hizb is resorting to insults and the Hizb is swapped its concern for
thoughts to focusing on people and from Islaam to the rulers and they attempted
to return the Hizb to Islamic publications and to distance it from opposing the
ruling people. These are the three trials that the Hizb overcame and it did
this, not by standing against it to rebuke it and not by accepting discussion
about it but rather it overcame them by continuing with the political
statements and political actions and it continued to strike at the hands of
those who held on to the authority with strong consecutive strikes to bring
down its sides, remove its place of dignity and the ambitions of the people
within it. And it preserved its true Hizb nature in that it is a political
party and it has no action apart from politics and this false thinking (even if
it came from those who are sincere) could not budge the Hizb even a hair away
from its identity or effect it in the smallest way from the true reality of its
personality.
Indeed it is Hizb-ut-Tahrir and it is an Islamic Hizb from
the angle of its ideology (Mabda) but it is not an Islamic party like the other
Islamic structures....Rather it is only a
political party whose ideology is Islaam. So Islaam is its Mabda (ideology) but
it is not its work and Islaam is its foundation but not its description. So it
will take hold of the authority when it becomes available to it to take over so
as to take charge (care) of the affairs of the people in actuality and it will
account the authority at all times whether it is in the ruling or outside of
it. Therefore all of its work is restricted to politics, either practically by
running affairs or by view through accounting the rulers upon the basis of
Islaam.
And the Hizb and it is a collective of Shabaab and
administrations however if the people say that the Hizb has said such and such
or done such and such then they are referring solely to the Shabaab of the Hizb
and its publications and this is because the Hizb is a sensory intellectual
whole so every Hizbi is the Hizb. Therefore if the image of some of the
Hizbiyeen or just a single individual becomes the image of a Mufti then the
Hizb would have become distorted and become a Mufti. This is in addition to
causing a deviation from the actions of the Hizb and a deviation from its
identity because in time it will distort the image of the Hizb and transform
the Shabaab of the Hizb from being politicians to turn them into Muftis. Due to
this it is a danger for the Shabaab to start addressing Fatwaas and provide
people with them because they will become Fuqahaa in the eyes of people and not
leaders, seekers of knowledge and not Da’wah carriers, and the Hizb will become
an educational association and not a political block. And in all of this there
is a clear and wide-ranging harm upon the Shabaab themselves and the Hizb.
And this is regardless of the providing of Fatwaas being the
lowest form of Fiqh and regardless of it merely being the word of a Mufti which
represents decline in the society, and regardless of it encouraging the people
to seek Fataawaa which exposes the Ahkaam Shari’ah for ignorant people to issue
verdicts from it, and regardless of the giving of quick answers or giving
answers from the memory being prone to error in the majority of cases. Indeed
advising the Shabaab not to expose themselves to giving Fatwaa and making them
understand the danger of being Muftis is not for the reason of treating the
issue of Fatwaas in the society and it is not to stand up against the peoples
understanding of the Ahkaam Shari’ah but rather it is for the sake of
preserving the image of the Hizb in the eyes of the people as it should be seen
as a political party and no other type of party. And it is also to protect the
Shabaab from going outside of the frame of the Hizb and becoming something else
like Muftis or ‘Ulamaa or preachers or teachers.
So in conclusion it is not correct for the Shabaab to put
themselves forward for giving Fatwaas so that the people go them for Fatwaas. However
if he is asked about the form of the Du’aa of Qunoot then he grabs hold of the
opportunity to explain the (full) meaning of the Du’aa, and if he is asked
about a movement in the Salaah then he grabs hold of the opportunity to explain
the meaning of Taqleed, and if he is asked about estate agents he moves the
discussion to the obligation to abide by the Hukm Shar’i. So he does not
conceal what he knows and he does not attempt to learn so as to give Fatwaa but
rather he is at this time and at all times upon this condition of being a
Da’wah carrier on a political methodology i.e. he is a politician who’s
ideology (mabda) is Islaam.
22 Rabee’ul Awwal 1390
26/06/1970
Comments
Is there a link for the arabic version of this Q/A ?
I need it urgently.
Barak Allahu feekum.