The following is a transcript of a talk delivered on this subject.

As da’wa carriers it is vital that we all adhere to the Shariah of Allah (swt) completely, as we are Muslims first and then da’wa carriers. Therefore we are all Ibadallah – slaves of Allah (swt) and are obligated to follow all of his commands and avoid all of his prohibitions.

As da’wa carriers we would be hypocrites if we were calling for the implementation of the shariah and not following the shariah ourselves.

The Muslim is commanded to conduct his actions according to the Shari'ah rules. Allah (swt) says:

"No by your God, they shall not have true belief until they make you judge in all disputes between them, and find in their souls no resistance against your decision, but accept it with the fullest conviction." [TMQ 4-65]

He (swt) also says: "Whatever the Messenger brought you take it and whatever he forbids you abstain from it and fear Allah." [TMQ 59-7]

Therefore, the Muslim should in principle abide by the Shari'ah rules. Besides the Shari'ah principle states: “Every action requires a shariah rule and every rule requires a daleel.” In other words, no matter should be given any rule whatsoever before the advent of the rule of Allah pertaining this matter. The Shariah rule is: “The address of the Legislator related to the actions of the servants.” Therefore, anything that has not been mentioned in the address of the Legislator cannot be considered a Shari'ah rule.

If a Muslim wanted to perform any action, it would be incumbent upon him to abide by the rule of Allah (swt) pertaining that action; thus, he must search for that rule until he recognises it and abides by it. This is what the verses and the Ahadith have indicated clearly. Therefore, it is forbidden for a Muslim to undertake any action or to act towards anything in contradiction to the Shari'ah rule; he should rather abide by the Shari'ah rule in every action he undertakes and in every matter. After Allah (swt) revealed:

"Today, I have perfected your Deen for you, completed my favour upon you and have chosen for you Islam as your Deen." [TMQ 5-3]

And after He (swt) revealed: "And We have sent down to you the Book explaining everything." [TMQ 16-89]

There is not any action left without a Shariah rule and evidences that establish it from the Quran and the Sunnah. It is forbidden for anyone, having perceived these two verses, to claim that some actions and some things or some situations are devoid of the Shari'ah rule, meaning that Shari'ah has completely ignored.

Every action has a hukm either Wajib/Fard, or Mandub, or Haram, or Makruh or Mubah.

In fact the meaning of Taqwa itself is to follow the commands and prohibitions of Allah (swt).

The son of ‘Ali (ra), Al-Hasan (ra) once said, “The people who have taqwa (al-muttaqoon) are the people who avoided whatever Allah (swt) has prohibited and have done whatever Allah (swt) has ordained.”

‘Umar ibn Abdul Aziz (ra) once said, “Taqwa is not by fasting the day and not by praying the night. And its not by mixing between the two of them. But taqwa is leaving what Allah (swt) has made Haram and by doing what Allah (swt) has made Fard. After one has done this, Allah (swt) will provide good things for that person.”

Sometimes it is possible that we may overlook the details of the shariah rules when it comes to our lives and may even be unaware of them. This is unacceptable for the Muslim and especially the da’wa carrier.

So today I want to give some examples which we think are relevant to us in terms of follwing the details of the shariah rules. As many of us come from backgrounds where we are not used to following the shariah rules in many areas. The areas I will focus upon are mainly to do with the social and economic rules.

Mixing between men & women
Islam has restricted the relationship between unrelated men and women and only allowed it in certain circumstances.

This separation is established by the overall Ahkam Shari'ah (divine rules) addressing the man separately, the woman separately, and both of them together. It is also established by the Qur'anic speech to women as women and men as men such as Allah's saying:

"The men and women who give charity and fasting men and women, and the men and women who guard their chastiity and the men and women who remember Allah much..." [Al- Ahzab: 35]and other verses. Such a segregated type of life is also reported as the actual practice in collective form since the days of the Prophet and throughout all the times of Islam.

In Islam, the basic principle of the interaction between men and women is segregation. This means that in all areas of life and in all places whether private or public, contact between men and women is generally prohibited. Many evidences establish the principle of not mixing between the sexes, and there are many ahadith which clarify that this is the case in both public and private areas:

Abu Daud narrated that the Prophet (saw) said, "The best row for men is the front row, (furthest to the women's row) and the best row for women is the back row and the worst is the front row (just behind the men)."

Ibn Umar said, "The Prophet prohibited men from walking between two women." Abu Daud.

Abu Daud narrated that the Prophet (saw) saw men and women outside the mosque moving side by side in the crowd. He stopped the women saying, "It is not proper for you to walk in the middle of the path, you had better walk along the walls."

This means that the Muslims should avoid contact with members of the opposite sex, whether Muslim or not, as a general rule. However, there are exceptions to this general rule, where the mixing or interaction between men and women is permitted in certain situations.

For example, it is permitted for men and women who are Mahrem to each other to mix freely for any purpose that Islam permits. As well, there are certain areas where it is permitted for non-Mahrem men and woman to interact with each other, such as for the purpose of Da'awa (invitation to Islam) or trade. However, the type of mixing that can occur here is not free, and is restricted by the shari'ah to be within certain guidelines and boundaries, and the Muslim must be sure to understand these before any type of mixing takes place. The ahkam (rules) to do with mixing also vary with regard to the kind of place in which the mixing takes place.

1) Medicine: It is allowed for men and women to mix for the purpose of seeking medical treatment. The Sahabiyat used to treat the Sahaba and the Prophet (saw) consented to that.

2) Da’wa: It is allowed for men and women to be present in the same class if the purpose of their mixing is learning about Islam or other types of education permitted by the Shari‘ah. The sister of Umar (ra) was being taught from the Quran by Khabab ibn Arrat (ra) with her husband when Umar entered upon them. It has been narrated that Umm Salamah and Aisha (ra) who used to do da'wa to men and women

3) Marriage: If a man is looking to marry a woman then he is allowed to talk to her about issues related to finding out about her and related to the marriage. A man came to the Messenger Muhammad (saw) to ask about marrying a girl and the Prophet (saw) told him to go and see her i.e. see her in her Mahram’s presence.

4) Duress or Compulsion: At times of absolute necessity or emergency, such as earthquakes, war or hurricanes, the necessary mixing is permitted for men and women in order to remove any danger or threat.

5) State arrest: The evidence for this is from Uthman and Umar (ra) said, "O women, cover yourselves we are entering" and he entered a house to arrest someone with his army and there was Ijma of the Sahaba (consensus of the companions) on this.

6) Eating: In Surah Nur Allah (SWT) says:

“The blind is not to be blamed, the crippled is not to be blamed, nor is the handicapped to be blamed, just as you are not to be blamed for eating at your homes, or the homes of your fathers, or the homes of your mothers, or the homes of your brothers, or the homes of your sisters, or the homes of your fathers' brothers, or the homes of your fathers' sisters, or the homes of your mothers' brothers, or the homes of your mothers' sisters, or the homes that belong to you and you possess their keys, or the homes of your friends. You commit nothing wrong by eating together or as individuals. When you enter any home, you shall greet each other a greeting from Allah that is blessed and good. Allah thus explains the revelations for you, that you may understand.” [TMQ 24:61]

For men and women to eat together is permitted in the places mentioned in the verse such as the home of your fathers or your friends as it says, “You commit nothing wrong by eating together or as individuals”.

However people should be careful that even though eating together with the women at a friends house is permitted that they should leave once they have eaten and beware of socialisation with the opposite sex which would be exceeding the permit.

7) Silat ar-rahm (maintaing the relationship between kith and kin): It is allowed for non-maharam relatives to sit with their non-maharam (people to whom marriage is permitted) for the sake of silat ar-rahm as long as it is without khalwah (privacy). There exist a number of hadith concerning the keeping of good relations with the relatives.

It was narrated by Anas b. Malik that the Messenger of Allah (saw) said: "Whoever loves that he be granted more wealth, and that his lease of life be prolonged, then he should keep good relations with his kith and kin". It is narrated by Abu Hurayra that the Prophet (saw) said: "Allah created His creation, and when He finished it, the womb got up and said, I seek refuge with you from Al-qatia (ties being severed with me)". On that Allah (swt) said: "Don’t you accept that I bestow my favours on him who keeps your ties, and withhold My favours from him who severes your ties?" On that it said, "Yes, Oh my Lord!" Then Allah (swt) said: "That is for you".

However it is not allowed to mix for the purpose of entertainment or just to socialise. For example the Prophet (saw) used to leave when Aisha (ra) friends used to come as it is not allowed to socialise with your sisters or wives friends if they are not related. Another example which is common today is the mixed weddings.

The Mixed party in weddings is haram. This includes the entrance of the bridegroom to the women’s room, sitting on the bridal throne besides his bride, taking photos for and the celebration of the women with him, when they are usually uncovered particularly if they are not mahrem to him. All of such mixing is haram as it mixing for a purpose which Islam did not allow i.e. entertainment. There should be separate halls for men and women or there should be a partition which would stop the women being seen, this should be at least a shoulder height partition.

We know that in reality today many weddings contradict these ahkam and even before the weddings such as mixed mehndi parties where the women and her friends play tricks on the groom to be and his friends. I know many brothers look for the halal alternatives – so when they attend their relatives weddings they ask to sit in a separate room or place which is physically segregated from the women. This creates problems with some relatives and families who do not follow and understand the shariah rules. But as Muslims we must understand that life is a test – in these are part of the tests from Allah (swt).

In some places the da’wah carriers are tested with their lives through torture, removal from their jobs, arrest and harassment of their families and they stick to the Deen. So who are we, if we cannot stick to the shariah rules just due to upsetting some people or our relatives?

Khulwa - Seclusion
Khulwa relates to the presence of a non-Mahrem man and women being on their own together without the presence of a Mahrem or any other person. This could happen in a private place, or a public place. In either case Khalwa is forbidden from Islam, and both the man and women involved are sinful.

Khalwa in a private place: This could occur in any place that requires permission for entry, such as a house or bedroom in a residence building.

Khalwa in a Public Place : This could occur in any public place whose nature is that no other person people would be likely to pass by or come there. Such a place would be in a forest or an isolated room in a university or at work.

Muhammad (saw) said, "If a man and a woman are alone together in an isolated place, then the third is Shaitan."

Responsibility to family
Allah (swt) says: ‘Ward off from yourselves and your families the Fire...’ [TMQ At-Tahrim: 6].

This Ayah makes it obligatory upon us to maintain ourselves and our direct family such as our children, wives, brothers and sisters abide by the ahkam shariah and avoid the hellfire.

There are different shariah rules dealing with the different types of direct relations. I will address some aspects of these rules which we feel are relevant:

Children: It is our Fard to culture our children with the understanding of the Deen and to encourage them in following the shariah rules.

Reported by Ahmad, Abu Dawud that the Prophet (saw) said: ‘Order your children to pray at the age of 7 and beat them when they are 10 (if they do not pray) and separate their beds.’

This means that we have to order our children to pray – we are responsible for this. They should pray at 7 years old and if they do not by 10 years we should beat them lightly, this does not mean that we beat them heavily in a haram way. The scholars said that the beating meant here is by a miswak and not harshly – it is more for the psychological effect.

It is not allowed to leave our children to be cultured by the Kufr society around us such that they are left for ours absorbing the corruption from Zee TV and the bollywood movies – without refuting such corruption and working to build the Islamic personality within them. It is not acceptable for them to start imitating the practises of the Kuffar while we do nothing, for example – when children participate in school events like Valentines day or celebrating the festivals of the Mushriks and Kuffar. The Prophet (saw) said, “Whoever imitates a people is one of them”.

If we spend so much time trying to ensure that our children get good education then how can we ignore their culturing with Islam?

How do we fulfil this duty? The Prophet (saw) said, “Each one of you is a guardian and he is responsible…The man is a Shepard and he is responsible over his family”. The Prophet (saw) also said, “If you see a munkar change it with your hand, if you cannot then with your tongue and if you cannot then hate it in your heart and that is the weakest of Iman”.

So if we are capable and the shariah has given us the right to stop a munkar by our hand then we are obliged to do so. So for example for our daughters we can prohibit them from leaving the house if they do not wear the Hijab and Jilbab as we are their fathers and shariah has given us this right. Also we can make our children pray.

However the meaning of changing the munkar means that we should attempt to change their thinking and behaviour – not just to prohibit them in a robotic manner but to change their concepts and criterion for action. This means we must make the attempt to engage in da’wa with them.

Ibn Majah narrated that the Prophet (saw) said, “Teach your children and teach them properly”. Ibn ‘Abbas narrated that the Prophet (saw) said, “Act upon the obedience to Allah and avoid the prohibitions of Allah, and order your children to abide by the commandments of Allah and to avoid the prohibitions of Allah, and by that you protect yourself and them from the Hellfire.” [Ibn Jurayr]

Allowing children (under the age of puberty) to be sent to schools where Kufr is taught to them is haram.

There are general texts regarding seeking knowledge. He (saw) said: ‘Seek knowledge’. This is general (‘aam) and includes all types of knowledge. So it is allowed for the Muslim to learn any discipline/science but if these sciences lead to a harm (Darar) then learning such sciences would be forbidden and the other sciences would remain permitted in accordance with the Shari’ah principle which states: ‘If any aspect of a permitted thing leads to a harm, then that aspect is prohibited, but the thing remains permitted’. Hence learning something, which causes one to deviate from the beliefs (‘aqaa’id) is considered a harm and learning such harmful ideas will weaken and effect children easily. Therefore, it is forbidden to send children to schools of the Kuffar, which teach the Kufr thoughts and beliefs on the primary level. This is because children are affected by what they learn at this level, and the family is ordered to protect its family members from the Fire of hell. Allah (swt) says: ‘Ward off from yourselves and your families the Fire...’ [TMQ At-Tahrim: 6]. Protecting their children from the fire would be by not sending them to the schools of the Kuffar that teach Kufr beliefs and thoughts.As for the existing schools of the Kuffar in the Muslim lands which teach the same curriculum taught in Muslim schools, it is not forbidden to send ones children to them. This is because their reality differs from the schools of the Kuffar in Kafir countries, which teach Kufr beliefs and thoughts. Also, just because one of the teachers is a Christian does not mean it is forbidden to study in this school, because the education is linked to the curriculum taught. So if Kufr beliefs and thoughts are not taught in a primary school and the lessons are from the general sciences then it is allowed for children to study there, whether the teachers are Muslims or if one of them is a Christian. If the one who teaches Kufr beliefs and thoughts is a Muslim it is Haram for the children to learn this from him. The fact that the teacher is a Muslim does not make the children’s study of Kufr thoughts and beliefs from him Halal.

Wives:
Allah (swt) said: “The man is the guardian of the woman”

This means that the man is the Amir and guardian of the household but not the master as people conventionally portray. Guardianship means responsibility. Similar to our children we have a duty to embed Islam within our wives. When many of us came into the da’wa we may have already been married for a number of years and our wives may not have been practising Islam fully. However this does not mean that we become da’wa carriers and we leave our wives as they are and make minimal attempts to change them and make them Islamic personalities and da’wa carriers as well.

We are not absolved from the duty to build Islam within our wives and making them adhere to the shariah rules just because we are da’wa carriers. We cannot just leave our wives to be cultured by the Bollywood movies and kufr propagated in the media and society. We should aspire to make our wives like Aisha (ra), Khadija (ra) and the other wives of the Prophet (saw).

Economic issues
We have to be careful of being affected by secularism such that we separate Islam from our lives such as our economic dealings. We must seek the hukm shari before undertaking any actions.

In this area there are many issues which can be overlooked. I will not go into the issue of Riba as it is well known that it is haram in all its forms whether giving, taking or being part of the transaction of Riba even as a witness. I have selected issues that sometimes may be overlooked.

Rishwah (Bribery)
The system of Rishwah or bribery is very common in most of the third world for example bribing the police, government officials such as for getting planning permission for building or maintaining electricity or water supplies, education officers and the like.

Bribery is basically when someone in any position takes an action which is not obliged upon him by his contract in exchange for money or another benefit. So as an example you get stopped by police for something and you pay them to let you go. Bribery is not a wage, as the wage is defined according the legitimate shariah contract.

Bribery is forbidden by the explicit texts. Ahmad and Abu Dawud and Tirmidhi and ibn Majah narrated from Abdullah bin Amur who said: The Messenger of Allah (SAW) said: “Allah cursed the briber (rashi) and bribe-taker (murtashi).” Ahmad narrated from Tawban who said: “The Messenger of Allah (SAW) cursed the briber, bribe-taker and the mediator meaning the one who walks between the two.” These ahadith are general covering all bribery whether it is seeking a right or something null whether it is seeking to repel a harm or gain a benefit, to remove imposing injustice; all are forbidden. There is no illah or shariah reason for why bribery is haram. It is haram in all its forms, full stop as the texts are absolute on this issue.

Insurance
Today many forms of insurance exist such as insurance on property such as houses, life insurance, vehicle insurance and the like.

Insurance whether on life, goods, property or any of its numerous types is a contract. It is a contract between the insurance company and the insuring person in which the latter asks the insurance company to give him a promise (ta’ahud) that it will compensate him for that thing (‘ayn) which is spoilt or destroyed or for its price with regard to goods or property, or a certain sum of money with regard to life and the like. This takes place if the specified accident/incident (haadith) occurs within a defined period, in exchange for a certain amount of money (premium); and the (Insurance) company accepts this.

All forms of insurance are haram. Insurance is haram due to different reasons. One of the main reasons is:

It is a contract because it is an agreement between two parties, and it includes offer and acceptance, where the offer is from the insuring party and the acceptance is from the company. So in order that this contract be legitimately valid from the Shar'a (divine revelation) point of view, it must contain the Shar'a conditions of the contract. If it contains such conditions it becomes valid, otherwise not. From the Shar'a point of view, the contract should apply upon an object (‘ayn) or a benefit. So if it did not apply upon either a thing or benefit it would be invalid, because it would not apply upon a matter that makes it a legitimate contract. This is so because the legitimate (Shar'a) contract applies either to a thing/object in exchange (for something else) as is the case with selling, company and the like, or it applies upon a thing without an exchange like the gift. Or it applies upon a benefit in exchange for compensation like leasing, or to a benefit without compensation like lending. Thus the legitimate contract must apply upon something.

The insurance is not a contract that applies upon an object or a benefit; rather it is a contract that applies upon a pledge i.e. guarantee (dhamana). The pledge or the guarantee does not represent an object for it cannot be consumed (istahlak) nor its benefit used; nor does it represent a benefit, because no benefit derives from that guarantee itself either by leasing or by lending. As for obtaining money based upon this pledge/promise, this is not considered its benefit; rather it is a result of a transaction. Therefore, the insurance contract is not considered to apply upon a thing or a benefit, and it does not include all of the conditions required by the Shar'a in a legitimate contract, so it is void.

Public Limited Companies (PLC)
Today many Muslims are involved in buying and selling shares in PLC companies on the stock markets. PLC companies are basically companies which float on the stock exchange to generate capital by selling shares, however when people buy these shares they do not have any liability on the company such as being liable for its debts or the business it engages in.

Islam prohibits Public limited companies and prohibits the stock market. There are many evidences from the Quran and Sunnah for this. E.g. Islam does not allow people not to pay their debts and if they are partners in a company they must repay the debts which the company owns therefore having the current share system is prohibited because the owners of the shares and not liable for any of the debts of the company. The Prophet (saw) said:

“He who takes money from people with the intention of paying it back, Allah will pay on his behalf, and he who takes it with the intention to waste it Allah will waste him.”

Other examples
There are many other economic ahkam that we may break due to ignorance, I will not go into their details – however we can read about them in our culture like in the book the Economic system of Islam and you can ask about them in the question and answer session.

For example:

Prohibition of transporting haram goods

If the prohibited goods which one wants to transport is alcohol then moving it is Haraam due the hadeeth mentioned regarding it. If its other goods such as canned meat of animals not slaughtered according to the Sharee’ah way or pork; if one is moving them to destroy them or discard them in refuse containers then it is allowed. However, if they are moved in order to benefit from them or take a wage for doing that such as the worker in shops. If he is hired to stack them or move them then this would be Haraam because this comes under benefiting from the Haraam.

· Selling things you do not have is haram
· The 5 types of company structures in Islam
· The rules of currency exchange
· The rules of contracts

In conclusion, we must stick to the Shariah of Allah (swt) and not deviate from it at all:

The Prophet (saw) said: “Any action done not in accordance with what I have brought it is rejected”

May Allah (swt) give us the strength to fulfil his commands and be of the Mutaqoon.

After reading this who has an excuse for not working for the Khilafah?

 The clear Evidences for the Obligation of the Khilafah

Islam has been reduced to merely a state "religion" and Secularism is hailed as the states Ideology. The Kuffar succeeded in divorcing our system, the Khilafah, from our lives.

"We must put an end to anything which brings about any Islamic unity between the sons of the Muslims. As we have already succeeded in finishing off the Khilafah, so we must ensure that there will never arise again unity for the Muslims, whether it be intellectual or cultural unity"
The British Foreign Minister addressing the British Prime Minister shortly before World War II.

"The situation now is that Turkey is dead and will never rise again, because we have destroyed it's moral strength, the Khilafah and Islam" Lord Curzon, British Foreign Minister, infront of the House of Commons after the Lausanne Treaty of July 24th 1924.

Is it any wonder, then, that Muslims today don't even know about their true ruling system? That they've never even heard the word Khilafah uttered in any discussion related to their revival? The British have succeeded in "educating" us to such an extent that we run towards their system and rush to abandon our Deen. So what is this Khilafah? Why is it so vital for Islam?

The mechanism through which we live Islam is the Khilafah ruling system. This is the same Khilafah ruling system that the Khulafa Rashideen implemented and the same one which existed right up until 3rd March, 1924, when it was destroyed by the British agent and traitor, Mustafah Kemal. The Prophet (saw) said:

"The knots of Islam will be broken one by one until everyone of them is undone. The first to be undone will be the knot of ruling and the last will be the knot of Salah" (Musnad of Imam Ahmed)


THE FARD (OBLIGATION) OF AL-KHILAFAH
In the Glorious Qur'an:

Allah (SWT) says in the translation of the meaning of the Qur'an ul-Kareem (TMQ):

1. "But no, by your Lord, they will not have Eeman until they make you (O Prophet) rule between them in that wich they dispute, and they find in their souls no resistance against your decisions, but accept them with the fullest conviction" (TMQ 4:65).

2. "Indeed, we have revealed to you the book with the truth so that you may rule between mankind by that which Allah has shown you" (TMQ 4:105).

3. "So rule between them by that which Allah has revealed, and follow not their desires, but beware of them in case they seduce you from just some part of that which Allah has revealed to you" (TMQ 4:49).

4. "Whosoever does not rule by that which Allah has revealed, they are disbelievers (Kafiroon).....the thaalimoon (oppressors)....the fasiqoon (evil doers)"
(TMQ 4. 5:44-47)

These ayaat(versus) of Qur'an, and many others, prove beyond doubt the obligation of ruling by what Allah has revealed. The first one in particular refers to the Muslims directly by stating that we have no real Imaan (belief) until we make them judge between us by Allah's revelation. This is an indication of the obligation for all Muslims to establish Allah's ruling system.


In the Ahadeeth of our beloved Prophet (saw):

1: Imam Muslim narrated from Abu Hazim who said:
I was with Abu Hurairah for five years and I heard him narrate from the Prophet (SAW) that he said: "The Prophets used to rule Bani Israel. Whenever a prophet died another prophet succeeded him, but there will be no prophets after me; instead there will be Khulafaa' (Khalifahs) and they will number many". They asked: what then do you order us? He said: "fulfil allegiance to them one after the other. Give them their dues. Verily Allah will ask them about what he entrusted them with".

This Hadeeth is a clear statement of the fact that the form of government in Islam, after the Prophet (SAW) is the Khilafah, and not an Islamic Republic, Islamic Socialist Republic or Islamic Imarah. This understanding is supported by numerous other Hadeeth that indicate the only system of government in Islam is the Khilafah.

2: Imam Muslim narrated from Abdullah bin 'Umar who said that the Prophet (saw) said,

"One who dies without having bound himself by an oath of allegiance (to a Khalifah) will die the death of one belonging to the days of ignorance (Jahiliyah)".

3. Ahmed and Ibn abi 'Asim narrated that the Prophet (saw) said,

"Whosoever dies and he does not have over him an Imaam, he dies the death of Jahilyyah".

Thus the Prophet (SAW) made it compulsory that every Muslim should have over him an Imaam, which is also represented by having a pledge of allegiance (bayah) on his or her neck. The pledge of allegiance is not given to anyone except the Khalifah. The Ahadeeth inform us that those who run the affairs of Muslims are Khalifahs (some times called Amir ul-Mu'mineen or the Imam). Therefore, this is a command to establish or appoint them.


In the sayings of the Sahabah:

Ali ibn abi Taalib (r.a.) said, "The people will not be straightened except by an Imaam (Khaleefah), whether he is good or bad".
(Bayhaqi, No. 14286, Kanz ul-ummal)

Abdullah ibn 'Umar (r.a.) said "The people in the Ummah will not suffer even if they were oppressors and sinful if the rulers were guided and were guiding. But the people in the Ummah will suffer and perish even if they were guided and were guiding if the rulers were oppressors and sinful".
(Abu Nu'aim narrated in 'Hulayat Awliyyah.)

'Umar ibn al-Khattab (r.a.) said,
"Laa Islam bi laa Jamaa'ati wa laa jamaa'ati bi laa Imaarah, wa laa Imaaratu bi laa sam'on wa taa'ah".
"There is no Islam without a community, and there is no community without a leadership, and there is no authoruty without hearing and obeying".

In the sayings of the Ulemaa:

Imam al-Qurtubi said in his Tafseer of the verse, "Indeed, man is made upon this earth a Khaleefah" (TMQ 2:30) that:
"Haatheeh il-Aayatu asalun fee nasabi Imaamin wa Khaleefatin, yosma'oo lahu wa yotaa'u li-tajtami'i bihi il-kalimatih, wa tonaffithu bihi ahkaam il-Khaleefah, wa laa khalaafu fee wajoobi thalik bayna al-Ummati wa laa bayn al-a'immah, illa maa rawaya 'an il-Asam al-Mu'tazzili..."
"This Ayah is a source in the selection of an Imaam, and a Khaleefah, he is listened to and he is obeyed, for the word is united through him, and the Ahkam (laws) of the Khaleefah are implemented through him, and there is no difference regarding the obligation of that between the Ummah, nor between the Imams except what is narrated about al-Asam, the Mu'tazzili (a deviant group)...".
(Tafseer ul-Qurtubi 264/1.)

Imam al-Qurturbi (rh.a.) also said,
"The Khilafah is the pillar upon which other pillars rest".

Imam an-Nawawi (rh.a.) said,
"Ijma'oo 'alaa annahu yajib 'alal-Muslimeena nasabun Khaleefah".
"(The scholars) consented that it is an obligation upon the Muslims to select a Khaleefah".
(Sharhu Sahih Muslim page 205 vol 12)

Imaam al-Ghazali (rh.a.) when writing of the potential consequences of losing the Khilafah said,
"The judges will be suspeneded, the Wilayaat (provinces) will be nullified, ... the decrees of those in authority will not be executed and all the people will be on the verge of Haraam".
(al Iqtisaad fil Itiqaad page 240.)

Ibn Taymiyyah (rh.a.) said,
"Yajib an yo'rafa anna wilayata amr in-naasi min a'thami waajibaat id-Deen, Bal laa qiyaamu li-Deen illa bihaa".
"It is obligatory to know that the office in charge of commanding over the people (ie: the Khilafah post) is one of the greatest obligations of the Deen. In fact, their is no establishment of the Deen except by it....this is the opinion of the salaf, such as al-Fadl ibn 'Iyaad, Ahmed ibn Hanbal and others".
(Siyaasah Shariyyah - chapter: 'The obligation of adherence to the leadership'.)

Imam abu ul-Hasan al-Mawardi (rh.a.) said,
"'Aqd ul-Imamati li man yaqoomu bihaa fil-ummati wajib bil-Ijmaa' ".
"The contract of the Imamah (leadership) for whoever is standing with it, is an obligation by Ijmaa'a (consensus)".
(al-Ahkam us-Sultaniyyah [Arabic] p 56.)

Imam Ahmed (rh.a.) said:
"Al-Fitnatu Ithaa lam yakun Imaamun Yaqoomu bi amril-Muslimeen", which means,
"The Fitna (mischief and tribuulations) occurs when there is no Imaam established over the affairs of the people".

Abu Hafs Umar al-Nasafi (rh.a.) a noted scholar of the 6th century Hijri states;
"The Muslims simply must have an Imam (Khaleefah), who will execute the rules, establish the Hudud (penal system), defend the frontiers, equip the armies, collect Zakah, punish those who rebel (against the state) and those who spy and highwaymen, establish Jum'ah and the two 'Eids, settle the dispute among the servants (of Allah), accept the testimony of witnesses in matters of legal rights, give in marriage the young and the poor who have no family, and distribute the booty".

Imam Al-Juzayri, an expert on the Fiqh of the four great schools of thought said regarding the four Imams, "The Imams (scholars of the four schools of thought- Shafi'i, Hanafi, Maliki, Hanbali)- may Allah have mercy on them- agree that the Imamah (Leadership) is an obligation, and that the Muslims must appoint an Imam who would implement the deen's rites, and give the oppressed justice against the oppressors".
("Fiqh ul-Mathahib ul- Arba'a" [the Fiqh of the four schools of thought], volume 5, page 416.)

Imam al-Haythami said,
"A'lamu anna Sahabata- Ridhwaan Allahu 'alayhim -Ajma'oo 'ala anna nasab al-Imaamata ba'd inqiraadhi zaman in-Naboowa waajibon bal ja'aloohu ahamu wajibaat hayth ushtaghloo bihi 'an dafani rasool illah".
"It is known that the Sahabah (r.a.h) consented that selecting the Imaam after the end of the era of Prophethood was an obligation (Wajib). Indeed they made it (more) important than the (other) obligations whilst they were busy with it over the burial of the Prophet (saw)".
(al-Haythami in Sawaa'iq ul-haraqah:17.)



THE OBLIGATION OF THERE BEING ONLY ONE KHALIFAH FOR THE ENTIRE MUSLIM UMMAH:
In the ahadeeth of the beloved Prophet (saw)

1) The Prophet (saw) said: "When the oath of allegiance has been taken for two Khalifs, kill the latter of them". (Narrated in Sahih Muslim by Sa'id al-Khudri)

2) The Prophet (saw) also said: "Whoso comes to you while your affairs has been united under one man, intending to break your strength or dissolve your unity, kill him." (Narrated in Sahih Muslim by 'Arfajah)

So what is with the Muslims who insist on establish regional Islamic Imarah's (Governments) based upon nationalistic divisions drawn up by the British and her fellow colonialists? Cannot we see beyond the plans of the Kuffar? What of those Muslims who wish to establish Islamic Governments in "their own" country and then to resume normal relationships with the rest of the Muslim countries, as if the rest of the Muslim countries are perfectly legal under Islam? Having more than one Khalifah for the entire Ummah is a sin, a fitnah and a division in our ranks.


In the Ijma'a (consensus) of the Sahabah (r.a.)

It is in the books of "As-Sirah" of Ibnu Kathir, "Tarikh ut-Tabari" by at-Tabari, "Siratu Ibn Hisham" by Ibn Hisham, "As-Sunan ul-Kubra" of Bayhaqi, "Al-fasil-fil Milal" by Ibnu Hazim and "Al-A'kd Al-Farid" of Al-Waqidi, that Al-Habbab Ibn ul-Munthir said when the Sahaba met in the wake of the death of the Prophet (SAW) (at the thaqifa hall) of Bani Sa'ida:

"Let there be one Amir from us and one Amir from you (meaning one from the Ansar and one from the Mohajireen)". Upon this Abu Bakr replied: "It is forbidden for Muslims to have two Amirs (rulers)..." Then he got up and addressed the Muslims.

It has additionally been reported in "as-Sirah" of Ibnu Ishaq that Abu Bakr went on to say on the day of Thaqifa: "It is forbidden for Muslims to have two Amirs for this would cause differences in their affairs and concepts, their unity would be divided and disputes would break out amongst them. The Sunnah would then be abandoned, the bida'a (innovations) would spread and Fitna would grow, and that is in no one's interests".

The Sahabah (ra) agreed to this and selected Abu Bakr (ra) as their first Khalifah. Habbab ibn Mundhir (ra) who suggested the idea of two Ameers corrected himself and was the first to give Abu Bakr the Baya'a (pledge of allegiance). This indicates an Ijma'a of all of the Sahabah (ra) and thus is a divine source for us. Ali ibni abi Talib(ra), who was attending the body of the Prophet (saw) at the time, also consented to this.


In the quotes of famous scholars:

1. Imam ash-Shawkaani wrote in his book "Tafseer al-Qur'an al-Atheem", volume 2, page 215: "It is known from Islam by necessity (bi-dharoorah - i.e.: like prayer and fasting) that Islam has forbidden division amongst Muslims and the segregation of their land".

2. The well renowned Imam Hassan Al-Mawardi(ra) in his book "Al-ahkam Al-Sultaniyah" page 9 says: "It is forbidden for the Ummah to have two Imams (leaders) at the same time."

3. Imam An-Nawawi in his book "Mughni Al-Muhtaj", volume 4, page 132 says: "It is forbidden to give an oath to two Imams or more, even in different parts of the world and even if they are far apart".

He also stated in his book, "Sharhu Sahih Muslim" (explanation of Sahih Muslim) chapter 12 page 231, "If a baya'a were taken for two Khalifahs one after the other, the baya'a of the first one would be valid and it should be fulfilled and honoured whereas the baya'a of the second would be invalid, and it would be forbidden to honour it. This is the right opinion which the majority of scholars follow, and they agree that it would be forbidden to appoint two Khalifah's at one given time, no matter how great and extended the Islamic lands become".

4. The Imam Ibnu Hazm in his book "Al-Muhalla", volume 4, page 360 says: "It is unlawful to have more than one Imam in the whole of the world".

5. Al-Imam Al-Juzieri, an expert on the Fiqh of the four great schools of thought said regarding the four Imams, "...It is forbidden for Muslims to have two Imams in the world whether in agreement or discord."
From: "Fiqh ul-Mathahib ul- Arba'a" (the fiqh of the four schools of thought), volume 5, page 416.


CONCLUSION: 

In Conclusion it can be seen that the Khilafah ruling system implements the whole of Islam, thus Islam and the Muslims depend on it. It is not just one fard but the mechanism through which Islam is implemented. This is why the Prophetic calender of the Muslims starts with Yr 1 Hijri. What the Hijrah signifies is the leaving behind of the Makkan Shirk and the establishment of Islam in Madina as a governing system. So year 1 Hijri begins from the first day of Islamic Government, not from the date of first revelation, or the Prophets (saw) birth as it could have done, and as the Christians practice. Thus anyone who makes excuses for this issue will be neglecting the biggest duty in Islam, to establish the Deen. The death of Jahillyyah will be upon him and so it is Fard to work with those who know about the Khilafah and who are working for it according to the methodology of the Prophet (saw), and this is the biggest duty upon the Muslims today above all else. Nobody can claim that this is an impossible task as Allah (swt) promises the victory of the believers and confirms:

"Allah has promised those amongst you who believe and work righteous deeds, that he will indeed grant them inheritance of power in the earth, as he granted it to those before them; that he will establish in authority their Deen, which he has chosen for them, and that he will change their state from a state of fear into a state of security and peace. They will worship me alone and not associate
partners with me, and those who reject faith after this, they will be the rebellious and the wicked" TMQ (an-Noor :55)

Imam Ahmed ibn Hanbal extracted that Huthayfah said the Messenger of Allah (saw) said:"The Prophecy will remain amongst you as long as Allah wills, then Allah will lift it when he wishes, then it will be a Khilafah Rashidah (i.e.: The first four Khalifahs) on the method of the Prophecy, it will remain for as long as Allah wills, then he will lift it when he wills, then it will be a hereditary leadership (i.e.: the Abbasid and Ummayid dynasties etc.) for as long as Allah wills then he will lift it when he so wills. Then there will be a tyrannical rule (i.e.: all the current Kufr regimes of the Muslims) for as long as Allah wills, then he will lift it when he so wills, then there will be a Khilafah Rashidah on the method of the Prophecy, then he kept silent."
(Musnad Imam Ahmed 4/273)

and concerning the liberation of Masjid al-Aqsa from the Jews, the Prophet (saw) said,

"Two Hijrah's will take place, and the latter will be to the place where your father Ibrahim may peace be upon him had immigrated (i.e.: Palestine)"
Note: Hijrah occurs when Muslims emigrate from Kufr lands to the Islamic state.

Subsequently, nobody can claim that this task is an impossible one as it has been promised success by Allah (swt) and his Messenger (saw). All that remains is for the faithful to rush to carry out this noble work and to carry the da'wah to this ummah and remind her of her Deen.

Imam Ahmed reported in his Musnad (5/35) that the Messenger (saw) said:
"If the people of as-sham (Palestine, Lebanon, Jordan, Syria) went astray then there would be no goodness amongst you, but however there will continue to be a group supported from my ummah, and they will not be bothered by those who disapproved until the day of Judgement".

May Allah make us from that group, and support us in re-establishing his Deen on his earth. Ameen.

By Abu 'Ammar

Recently, Saudi Arabia's interior minister warned the pilgrims that they should not involve politics in Hajj. The current rulers in the Muslim lands are attempting to prevent Muslims from gathering and discussing issues and ideas which are pertinent to the future of the Ummah. Politics which is the act of "taking care of the affairs of the Ummah according to Shar'a rulings" is an integral part of Islam. We must take it upon ourselves to reclaim Islam and discuss the issues affecting the Muslim Ummah in all gatherings. 

Prior to the commencement of Hajj, Saudi authorities were warning pilgrims not to stage any protests during the ritual. Saudi Arabia's interior minister Prince Nayef bin Abdul Aziz said, "It is not permitted to undertake any actions which are not part of the ritual... and we will not permit anyone to damage the hajj or the pilgrims."

Hajj is an amazing journey where Muslims have an opportunity to strengthen their relationship with Allah سبحانه وتعالى. It is also an event where Muslims from every corner of the earth gather together as one Ummah to strengthen the bonds of brotherhood. Today, the pilgrims are grouped according to the nation states they belong to. Furthermore, Muslims are not given an opportunity to bond with each other, by getting to know one another and discuss our condition as Allah سبحانه وتعالى has revealed:

إِنَّا خَلَقْنَاكُم مِّن ذَكَرٍ وَأُنثَى وَجَعَلْنَاكُمْ شُعُوبًا وَقَبَائِلَ لِتَعَارَفُوا

"We have created you of a male and a female, and made you tribes and families that you may know each other." [Al-Hujraat, 49:13]

Obstructing the Ummah: Hajj and Beyond

The discouragement of Muslims gathering and discussing the affairs of the Ummah is not only seen at the time of Hajj. Rather, this is a recurring theme throughout the Muslim world. Rulers regularly prevent Muslims from gathering and discussing issues and ideas which are pertinent to the future of the Ummah. Such preventions are usually enforced with great hostility and aggression:

• Palestine - In November 2007, 36-year-old Hisham Baradi died in a hospital after Palestinian police shot him in cold blood. According to reports, riot police and other security forces moved in on members of Hizb-ut-Tahrir as soon as they left masjids in the cities of Ramallah, Nablus and Hebron aiming to march in non-violent demonstrations planned against the treacherous Annapolis Conference attended by Abbas and other Arab rulers.

• Turkey - In July of this year, KöklüDeğişim Magazine organized a Khilafah conference in Istanbul. Two weeks prior to the conference, the organizers received permission from the Governor of Istanbul and notified him of the speakers along with a summary of their speeches. On the day of the conference - in the early morning - the Turkish police arrested (without any resistance) 200 speakers and attendees which led to the cancellation of the conference.

• Bangladesh - In September of this year, Muslims in Bangladesh organized a peaceful rally outside the national masjid after Jummah prayers calling for the re-establishment of the Khilafah and a unified Muslim Army. The rally, which was attended by several thousand Muslims was prevented by the police. Furthermore, they arrested 30 Muslim activists.

• Pakistan - In October of this year, 30 members of Hizb-ut-Tahrir were arrested in Islamabad while they were having a seminar in a residential home.

Islam: A Complete Way of Life

Islam is more than a mere set of rituals; rather it is a complete way of life. Islam does not confine the relationship between man and his Creator to his personal sphere. Instead, Islam properly recognizes that man needs guidance from Allah سبحانه وتعالى in all affairs, especially in the matters of siyasah (politics), which is "taking care of the affairs of the Ummah according to Shar'a rulings". As such, it is part of our Deen to be concerned with the affairs of our brothers and sisters across the world. Allah سبحانه وتعالى revealed:

إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ فَأَصْلِحُوا بَيْنَ أَخَوَيْكُمْ وَاتَّقُوا اللَّهَ لَعَلَّكُمْ تُرْحَمُونَ

"The believers are nothing else than brothers. So make reconciliation between your brothers, and fear Allah, that you may receive mercy." [Al-Hujraat, 49:10]

The Prophet صلى الله عليه وسلم said: "You will see the believers in their mutual kindness, love and sympathy just like one body. When a limb complains, the whole body responds to it with wakefulness and fever." [Muslim & Bukhari]

The ayah and hadith make it clear that it is part of our Deen to be concerned about the Ummah. Just as our hearts fill with joy when we see our brothers and sisters in their success, we are also overwhelmed with sadness and pain when we see their hardship and suffering. As a result, it is only natural that when we meet our fellow Muslims - be it at Hajj or after prayer at the masjid - that we discuss our problems and the solutions on how to resolve them.

Siyasah in the Gatherings of Muslims

When we look to the example of the Prophet صلى الله عليه وسلم and the Sahabah (ra), we see that the Muslims gathered and engaged in siyasah (politics) be they in Hajj, or outside of Hajj.

In the Hujat-al-Wada sermon which occurred during the Prophet's صلى الله عليه وسلم Hajj, RasulAllah صلى الله عليه وسلم discussed many issues that concern the affairs of Muslims including the property of a Muslim, riba, the obligations of men towards women and the equality of all Muslims with the exception of their Taqwa.

The masjid itself (which today is known only as a place of Juma, Jamat, Qiyamul-Layl and maybe some Islamic education) used to be the center of all activities. During the time of RasulAllah صلى الله عليه وسلم it was a place to congregate and discuss the affairs of the Ummah. For example, the news of Zayd (ra), Jafar (ra) and Abdullah ibn Rawaha (ra) being martyred at the Battle of Mua'ta was relayed to the Muslims by the Prophet صلى الله عليه وسلم in the masjid while he was on the minbar.

After the death of RasulAllah صلى الله عليه وسلم and prior to burying his body - an action which Shar'a requires urgency - the Sahabah (ra) gathered, discussed and debated as to who should be the leader of all Muslims. It was after heated discussions that Abu Bakr (ra) was nominated as the Khaleefah. Only after the appointment of Abu Bakr (ra) was the body of the Prophet صلى الله عليه وسلم buried.

During the Khilafat of Abu Bakr (ra) the tribes in the Arabian Peninsula apostatized and rebelled against the Islamic State. He then gathered the Sahabah (ra) in the masjid to discuss whether the Muslims should declare war on the apostates and rebels. When Umar (ra) was the Khaleefah, he used to meet the Wulaa (governors) during Hajj to discuss their activities and any issues of the Muslims in the region.

We can also see throughout the Islamic history stories of how the Ummah would not let any wrong pass by their eyes without correcting it even if it was the doing of a governor or the Khaleefah himself. Those in authority did not respond by imprisoning, suppressing or torturing these people rather they were quick to correct themselves as they understood the great responsibility and accountability they had before Allah سبحانه وتعالى.

When Umar (ra) was the Khaleefah, he received some cloth and distributed it equally amongst the Muslims by giving them one piece each. When he was on the minbar it was apparent that he was wearing 2 pieces of cloth. Immediately, Salman al-Farsi (ra) said, "By Allah, we will not hear you, because you prefer yourself to your people." At this point Abdullah ibn Umar (ra) explained that he gave his father his cloth. Salman al-Farsi (ra) responded by saying: "Now we shall hear you."

In another incident, Muawiya ibn Abi Sufyan who was a governor ordered a person to sell a silver utensil received from the spoils of war for payment to the soldiers who went out in battle. The news of (this state of affairs) reached Ubada bin Samit (ra) and he stood up and said, "I heard Allah's Messenger صلى الله عليه وسلم forbidding the sale of gold by gold, and silver by silver, and wheat by wheat, and barley by barley, and dates by dates, and salt by salt, except like for like and equal for equal. So he who made an addition or who accepted an addition (committed the sin of taking) interest." So the people returned what they had received. This reached Mu'awiya and he stood up to deliver an address. He said, "What is the matter with people that they narrate from the Messenger صلى الله عليه وسلم such tradition which we did not hear though we saw him and lived in his company?" Thereupon, Ubada bin Samit (ra) stood up and repeated that narration, and then said, "We will definitely narrate what we heard from Allah's Messenger صلى الله عليه وسلم though it may be unpleasant to Mu'awiya. I do not mind if I do not remain in his troop in the dark night."

Seeking Solutions

The Ummah is seeking solutions to the problems that are currently plaguing it. The Muslims are growing tired of insincere rulers who would rather host a concert with scantily clad women than permit our Muslim sisters to wear the niqab at universities, as has happened in Egypt. It is fear that drives these despotic rulers to try their utmost to clamp down on any sincere gathering of Muslims working to free the Ummah of the problems that ail it. They are aware that they are sitting on borrowed thrones which do not rightfully belong to them, but rather belong to a sincere leader who will rule only by what Allah سبحانه وتعالى has revealed and fear no one but Him. It is only then that we can see this great Ummah return to the state that it was. Insha-Allah we will again see rulers who follow the method of the Prophet صلى الله عليه وسلم and fulfil their covenant towards Allah سبحانه وتعالى and the Ummah.

With ample evidence that all of Islam was discussed and that there was no separation between the rituals and other aspects of Islam we must take it upon ourselves to reclaim Islam from the treacherous rulers. By obeying only the commands and prohibitions of Allah سبحانه وتعالى we must return Islam back to the norm by making Muslim gatherings such as Hajj, the masjid and even family gatherings an arena to discuss the current affairs of the Muslim Ummah.

May Allah سبحانه وتعالى replace the current rulers with one who will work with the Ummah to resolve our issues in a manner that is pleasing to Allah سبحانه وتعالى.

وَالْمُؤْمِنُونَ وَالْمُؤْمِنَاتُ بَعْضُهُمْ أَوْلِيَاء بَعْضٍ يَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنكَرِ وَيُقِيمُونَ الصَّلاَةَ وَيُؤْتُونَ الزَّكَاةَ وَيُطِيعُونَ اللّهَ وَرَسُولَهُ أُوْلَـئِكَ سَيَرْحَمُهُمُ اللّهُ إِنَّ اللّهَ عَزِيزٌ حَكِيمٌ

"The believers, men and women, are Auliya' of one another; they enjoin (on the people) Al-Ma‘ruf, and forbid (people) from Al-Munkar; they perform As-Salat, and give the Zakat, and obey Allah and His Messenger. Allah will have His Mercy on them. Surely Allah is All-Mighty, All-Wise." [At-Tawba, 9:71]

بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيم 

Sahl b. Sa’d as-Saa’idi (ra) who said that the Messenger of Allah (saw) said, “Islam began as something strange, and it shall return to being something strange, so give glad tidings to the strangers.” It was asked, "Who are those strangers, O Messenger of Allah?" He replied, “Those that correct the people when they become corrupt.” [At-Tabarani in al-Kabeer]

The resurgence of the Islamic Ummah and her demands to return to the Islamic way of life on all her affairs has become apparent for all the people to witness. This has manifest itself in revival of Islam as a political Deen, which seeks to implement itself. In fact the discussion that Islam is political and the need for an Islamic State in order to apply the Islamic rules and laws that have been detailed in the Quran and the Sunnah are foregone conclusions. The revival of Islam started as something “strange” in the new secular world order but is now whole-heartedly adopted by the Muslim Ummah as her cause.

However certain confusions still exist within certain elements of the Muslim Ummah who whilst sincere in their efforts and noble in there goals have failed to understand their error of the path they are upon. They are those who cannot distinguish between the Elections as a process of determining the consent of the masses in its selection of a ruler and Democracy.

Democracy: The Rule of Man versus the Rule of Allah

Democracy in principle means that man has a free hand at determining rules and laws as he pleases and he is in total control of this i.e. he is sovereign master of himself. Hence man can decided to enact a piece of legislation that pleases him, so for example in some Muslim countries (including Indonesia) they closed down the nightclubs for Ramadhan and re-open them after Ramadhan was over! Or there is legislation that is still being considered in Bangladesh as to whether to legalise prostitution. Or in the West they have been having trouble deciding whether to permit Homosexual relationships at sixteen or eighteen, whether to have an unelected chamber that can accept or reject legislation, etc.

The point is the principle that that they feel they have the right to decide whether man should interact with the opposite sex and fornicate freely or not, how to we regulate the rules and laws that Man determines etc. The fundamental principle here being that man possesses the right to legislate and make rules and laws. Practically individuals are appointed in Parliaments and legislative houses to debate, scrutinise and enact law. The basis of legislation is the majority decision of these selected people, who will vote according to their own personal experiences, their party line, their business interests (More often than not) and the like.

This is something that is contradictory to the very foundations of Islam and its basic beliefs i.e. that Allah is the sovereign master and the only one with the right of determining legislation and rules and laws as He pleases and the rest of creation including mankind had no right except to Hear and Obey the orders of Allah.

Allah (swt) says in the holy qu'ran:

إِنِ الْحُكْمُ إِلَّا لِلَّهِ 

“The right of Rule is solely for Allah.”(Surah Yusuf verse 40).

Establishing clearly that He is the sole legislator. In fact it is a principle of Aqeeda that Allah is the source of all of Ahkam (laws).

Allah (swt) states Surah al Maida verse 44:

وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَ

“And whosoever does not rule by what Allah has revealed then such are the kafireen (disbelievers) ”

Ibn Abbas (ra) stated in his Tafseer of this verse that anybody who denies a definitive judgement of Allah contained in the Shariah then such a person is a Kafir. Ibn Jarir at Tabari says that this is agreed upon. Ibn Abbas (ra) went on to say that anyone who says that the Rule of Allah does not have to be established then he is a Kafir. The one who says that the rule of man is better than the Rule of Allah then he is a Kafir. The one who states that the rules of man are just as good as the Rule of Allah then he is a Kafir. He also said that the one who does not deny Allah’s (swt) Hukm but believes that it is allowed to rule by other than what Allah has revealed then he is a Kafir because he is denying that the right of Rule is solely for Allah. This is the case even if he says that the rule of Allah is better than the rule that such a person is implementing. However if someone rules by the rules of Kufr i.e. by other than Islam and does not believe in them but rather he hates them and believes what he is doing is a major sin. Then such a person has committed Kufr doon Kufr a Kufr which is less than Kufr i.e. a major sin which is definitely haram but is not a Kafir. This is the soundest position in my view but others have held different positions.

Ibn al-Qayyim said: "The correct view is that ruling according to something other than that which Allah has revealed includes both major and minor Kufr, depending on the position of the judge. If he believes that it is obligatory to rule according to what Allah has revealed in this case, but he turns away from that out of disobedience, whilst acknowledging that he is deserving of punishment, then this is lesser Kufr. But if he believes that it is not obligatory and that the choice is his even though he is certain that this is the ruling of Allah, then this is major Kufr." [Madaarij as-Saaliheen, 1/336-337]

Al Hafidh Ibn Katheer (ra) in his tafseer of verse 151 of Surah an Nisa made reference to the Tarters at his time, “…who put together for them a law book extracted from different laws of the Jews, the Christians and the Deen of Islam. It also contained many rules taken only from their own opinion and desires that later became a system of law followed by the people and given precedence over the Book of Allah and the Sunnah of his Messenger (saw) so the ruler who does that is a Kafir.” [Tafseerul Quran ul Atheeem, Ibn Kathir]

Ibn Taymiyyah said: "Undoubtedly, whoever does not believe that it is obligatory to rule according to that which Allah has revealed to His Messenger is a Kafir, and whoever thinks it is permissible to rule among people according to his own opinions, turning away and not following which Allah has revealed is also a Kafir...So in matters which are common to the Ummah as a whole, it is not permissible to rule or judge according to anything except the Quran and Sunnah. NO ONE HAS THE RIGHT TO MAKE THE PEOPLE FOLLOW THE WORDS OF A SCHOLAR OR AMEER OR SHAYKH OR KING. Whoever believes that he can judge between people according to any such thing, and does not judge between them according to the Quran and Sunnah is a Kafir." [Minhaj as-Sunnah, 5/130-132]

Ash-Shawkani said in one of his essays:

a)That referring for judgement to Taghoot (evil i.e. non Islam) constitutes major Kufr.

b) That referring for judgement to Taghoot is just one of a number of actions of Kufr, each of which in its own is sufficient to condemn the one who does it as a Kafir.

c) He gives examples of Kufr, such as people agreeing to deny women their rights of inheritance and their persisting in co-operating in that, and he states that is major kufr. [Ar-Rasaa'il as-Salafiyah by Ash-Shawkani, pg. 33-34]

Whilst the position that we adopt is not quite as harsh as that adopted by Ibn Katheer it makes it clear that any notion of ruling or supporting a ruler or ruling authority, or voting for political party that will endorse the rules or legislation of other than Islam is something definitely haram.

This should make it clear that voting or taking part in elections in a democratic system for any of the Kufr parties is something that is Haram and Kufr regardless of the benefit (Maslaha) or the perceived fruits of doing so. This is something that in principle is in conflict with the very Aqeeda of the Muslim.

Imam Shatibi (ra) said in his al Muwaffaqaat fee Usul al Ahkam volume page 25, “The Objective behind the Shariah is to liberate the individuals from his desires in order to be a true slave of Allah and that is the legitimate Maslaha (Benefit)…Violating the Shariah under the pretext of following the basic objectives or values (maqasid) of the Shariah is like the one who cares about the spirit without the body, and since the body without the spirit is useless, therefore the spirit without the body is useless to.”

Elections

Hence voting for any political party which is going to work within a democratic framework and vote for or against legislation in a parliament regardless of the apparent credentials is haram. As for voting a secular party in the Western systems then regardless of noble goal and the correctness of the intention this is something that contradicts the foundations of what it means to being a Muslim and without shadow of a doubt is something that is Haram.

This does not mean that in principle elections are not permitted but rather election in order to gain the consent of the Ummah or the representation of the Muslims as a whole in selecting the Majlis of the Ummah (the consultative body of the Muslims, which is one element of the ruling framework of Islam) or in the election of the Khaleefah, the leader of the Muslims.

The Bayah tul Harb (the Pledge of War) that instituted the Prophet (saw) in authority in Madinah demonstrates this point.

According to the narration’s in Ibn Hisham as authenticated by Ibn Katheer the Prophet (saw) asked the twelve tribes of the Aws and the Khazraj to, “Bring forth for me twelve representatives from amongst yourselves”.

They then appointed their twelve Nuqabah (representatives) who gave the Prophet their support (Nussrah) and allegiance (saw) on behalf of the rest of the people. So it is a permitted style to utilise elections as a mechanism to appoint the Khaleefah as the leader of the Muslims.

Indeed it would more than likely be one of the mechanisms the Khilafah whose return is imminent insha-Allah, would utilise as it facilitates the expression of the opinion of the masses. Imam Muslim narrates in his Saheeh that Umar ibn al Khattab (ra) when he was the Khaleefah of the Muslims was returning from an expedition when he overheard the Muslims saying that when Umar (ra) passes away that they would appoint such and such to which concerned him. So he called for a gathering of all the Muslims including the Sahabah (ra) in which he stated that the one appoints someone in authority without consulting the Muslims then kill him and kill the one who he appointed!

This was something which all the Muslims including the Sahabah (ra) witnessed yet although he permitted the spillage of Muslim blood they acknowledged the truth of the statement, which demonstrated the Ijma of the Sahabah (Agreement of the companions that the statement was a Shariah rule which the prophet [saw] informed them of). This made it clear that the masses must select the ruler and not the opinion of a minority faction.

Today however we are living without the Khilafah and the right of Muslims in appointing and selecting the Amir of the Mumineen has been taken away and the tyrant rulers have been appointed by the Kuffar who promote the secular democratic and autocratic systems in our land.

So we are required to work to remove them and give Bayah to Khaleefah so that this right of selecting the ruler can be returned to the Ummah.

Imam al Ghazali (ra) when writing of the consequences of losing the Khilafah stated

“The Judges are suspended, the wilayaat (authorities) are nullified, marriages are void, the decrees of those in authority can not be executed and all humans are on the verge of Haram”. [al Iqtisad fil Itiqad page 240]

Allah (swt) says in the Quran:

وَأَنِ احْكُمْ بَيْنَهُمْ بِمَا أَنْزَلَ اللَّهُ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ وَاحْذَرْهُمْ

أَنْ يَفْتِنُوكَ عَنْ بَعْضِ مَا أَنْزَلَ اللَّهُ إِلَيْكَ

“So rule between them by what Allah has revealed and follow not their vain desires, diverging from the truth that has come to you”[Al Maidah 5:49]

The following is the translation of an Arabic leaflet.

There are many issues in a person's life which take over his intellect and take up his time. Hence he would constantly exhaust his efforts, on various levels, in order to perform the onuses and fulfill the commitments which these issues entail.

                             

If we were to contemplate these issues to which a person dedicates his life, we would perceive that these take various forms and disparate incentives. These issues are strongly linked to the person's instincts and organic needs. Therefore, people's concerns towards their issues vary from one person to another and from one issue to another. This disparity would be in essence related to the different viewpoints which people hold towards their instincts. Some of them make the survival instinct the dominant factor in their behaviors, actions and concerns. This dominance could sometimes lead to the neglect of other instincts. Others make the spiritual instinct the absolute dominant over other instincts. Hence we find that the religious person, spurred by his instinct rather than his perception, would zealously engage in religiousness, not lending any attention to his other instincts.

The truth of the matter is that by looking into the Sharia'a rules and principles which organise people's relations, it would become clear that a person's engagement in satisfying one instinct would always be at the expense of another instinct, and this fits perfectly with life's requisites. However, despite all this, there ought to be a scale of priorities. It is true that Allah (SWT) has commanded the capable Muslim to work in order to support himself and his dependents, it is also true that Allah (SWT) has commanded the Da’wah carrier to perform all that which the Da’wah demands of him. The Da’wah in fact should take primacy over all other commands. Allah (SWT) has made the Da’wah at the top of the scale, for He (SWT) has made the carrying of the Da’wah the main duty of the Islamic state, also the main duty of every Muslim. The Messenger of Allah (SAW) 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 by right, and their fate would be up to Allah." It is evident that this Hadith reflects the position of the Messenger of Allah (SAW) in his quality as head of state. As for the Hadith which reflected his position before then, this was his reply to his uncle Abu Talib when he said to him: By Allah oh uncle, if they were to put the sun in my right hand, and the moon in my left hand, in order to relinquish this matter, I shall never do so until Allah makes it triumphant or I die without it." 

Therefore, the actions performed by the Muslim would be a means to achieve one objective. This objective would be the Da’wah to Islam. This Da’wah to Islam would take various aspects, the most important and most prominent of which would be the enjoining of Ma'aruf and the forbidding of the Munkar. In the Holy Qur'an this is repeated tens of times in various Surahs, and Allah (SWT) has made it an individual duty upon every Muslim, in addition to having already made it an obligation when He (SWT) commanded the establishment of an Islamic party to fulfil this duty.

We gather from the above that the enjoinment of the Ma'aruf, the forbidding of the Munkar and the Da’wah to Islam or to the resumption of the Islamic way of life, represent a host of carefully targeted aims which result from carrying the Da’wah. It would be therefore imperative to undertake a host of specific tasks in order to achieve the above mentioned results. These tasks are not of less importance than the results themselves, for the results could not be achieved unless these tasks were undertaken.

If we were to display these tasks, we would soon realise that they could not be narrowed down nor could they be counted. However, they could be summarised in several points:

1- The Islamic commitments:

Despite the fact that the total adherence to the Islamic commitments would be to the Da’wah carrier a postulate, thus judging that it would be unnecessary to carry the Da’wah if one did not abide to the letter by the Halal and Haram, or if he did not adopt this as the basis of his discipline, his work and his thinking, even the basis of his whole life. It would be wrong to assume that the Da’wah carrier need not be reminded about these issues. This is so because the prime obligation upon the Da’wah carrier would not only be confined to nursing a genuine desire for Jannah and a genuine fear of hell fire, thus seeking the pleasure of Allah (SWT), he should rather aim at conveying this sensation practically and intellectually to the people around him. He would not succeed in conveying this unless the genuine sensation and the true awareness about this were reflected in his actions and his sayings. Hence, it would be conveyed through the actions and the thought to the people.

If the Shab succeeded in acquiring this genuine sensation of seeking the pleasure of Allah (SWT), then the first step towards establishing a nation inspired by this genuine sensation would have been achieved, and this would in turn motivate her towards sacrificing all that which is priceless in order to achieve her objective and reach the position expected of an Islamic Ummah, spreading the guidance, the goodness and the happiness throughout the whole world.

2- Tilawa (recitation) of the Qur'an:

It goes without saying that the Qur'an is the basis of this ideology which we pride ourselves with before the whole world. It is the revealed word of Allah (SWT), with which we are made to worship Him (SWT). In addition to the great reward gained from its recitation, the Qur'an is worthy of whetting the determinations and exhort the people who had set their hearts and minds in working towards making the phrase of "There is no god but Allah, Mohammed is the Messenger of Allah" reign supreme. There is no heavier burden than the carrying of the Da’wah, all the more reason for the Da’wah carrier to recite the Qur'an. For the Qur'an charges the believer with this amazing energy which revives the idle souls and turn them into dispositions who trivialise hardships and make light of all the worldly pleasures, for the sake of gaining the bliss of Jannah, or even to gain the pleasure of Allah (SWT). Why do we have to go far since we are absolutely certain that victory is from Allah (SWT)? That we have no other hope but in Allah (SWT)? So why should we not be eager to take provisions from the source of the Qur'an, ponder over its meanings and acquaint ourselves with its aims?

Therefore, it would be inconceivable for the Da’wah carrier, who feels a weakness in his soul, to seek a better remedy than reciting the verses of the Qur'an over and over again. The Holy Qur'an would never become shabby no matter how much it were recited, no matter how old it became and no matter how many the reciters were.

The Islamic ideology carries all the meanings of strife and struggle, thus it would be wrong to separate this ideology from strife and struggle. Since there were no better incentive than the Qur'an to help carry the burden of struggle and strife, for the Muslim Ummah had become a nation of Jihad and sacrifice since she interacted with the Islamic ideology, and this was only thanks to the eternal Book of Allah (SWT).  To neglect the recitation of the Qur'an would therefore be interpreted as a decline in the perception of the Islamic ideology which ought to be at all times reflected in the high scale of sacrifice and struggle.

3- Contacting people:

There is no doubt about the fact that contacting people represents the general aspect of carrying the Da’wah. Therefore, how could we call ourselves Da’wah carriers if we did not establish contacts with people and if we did not acquaint ourselves with their current affairs. It would be inconceivable to enjoin the Ma'aruf and forbid the Munkar if we did not find people to command and forbid, nor would it be conceivable that we would be able to explain and convey the thoughts and rules of Islam if we were to remain in isolation from other people. The Da’wah carrier would not be worthy of this title simply because of his party affiliation, because the party affiliation is subjected to the administrative rules drawn on paper. The affiliation is in fact no more than an administrative matter. Therefore, the precept would lie in the contacts, and the familiarisation which the Da’wah carrier establishes with people. The precept would also lie in the actions which the Da’wah carrier undertakes, in terms of studying people's state of affairs, dealing with their sensations, reconditioning their thoughts with the thoughts and rules of Islam.

If we were to stand in awe of anything, it would be of those who had known their exact positions in the fierce battle they are engaged in against the Kufr and its systems, and yet they plunged into a deep slumber, hence forgetting, or pretending to have forgotten that they are fighting at the first line of defence. We have never known throughout the history of the Islamic Da’wah a person who had embraced the Islamic ideology and then lived in isolation from other people. Abu Tharr Al-Ghafari (R) embraced the Islamic ideology, then the Messenger of Allah (SAW) ordered him to return to his folk, but he refused to depart from Makkah before crying out the two Shahadas within earshot of the Mushrikeen of Makkah, thus enduring a beating under which the strongest of men would succumb, and at the time he knew from Islam none save for the two Shahadas.

Islam is a collective and universal ideology, not an individual one, an ideology whose natural environment is within the masses ,as a ruling authority and in the international arena. As for those whose desire is to confine Islam to the darkness of prayer rooms and minarets, they are in fact assisting the Kuffar and their agents, intentionally or unintentionally, in their quest to isolate Islam from temporal life and current affairs in a way which would leave it devoid of the streak of Islam. The truth of the matter is that Hizb-ut-Tahrir was the first political structure to be established on the basis of Islam for many centuries. The hope is pinned on the party that Allah (SWT) would grants the Muslim Ummah the great victory at its hands, for a simple but a very important reason, which is that Hizb-ut-Tahrir carries Islam to the masses and aims at generating a public opinion based on the awareness of the rules of Islam. Anyone who chooses to be with the party should undertake to follow the party in all its phases and its steps, and his collective spirit should also be developed. In order to achieve this, it would be sufficient to adopt the Islamic ideology soundly. However, if the Shab continues to lay an isolating siege around himself, away from people, this would have no other explanation but the fact that he did not adopt the ideology in a sound way. This is so because isolation in fact is a blend of cowardice and despair. In other words, the cause of isolation could be interpreted as cowardice, or despair, and these should never find their way to the believer's heart. As for the other causes which may be imagined, these would be in fact excuses rather than causes; and he who searches for many excuses would eventually resort to lying a great deal, we seek Allah's refuge from this. Therefore, there would be no excuse for the Da’wah carrier, once the party has clearly and elaborately explained the thoughts of Islam, to make these thoughts his private entailment and not convey them to others.

4- Reading:

What we mean here by reading is the reading of the books which contain the party culture and those which contain the general culture, be it Fiqhi, intellectual or political. One may however ask: "Since the party had already put its culture in books which it adopted or published, and since the Shab adopts what the party adopts, so why do we concern ourselves with searching and investigating other books? In answer to this we say that we are indeed obliged to propagate the thoughts which we had adopted and we are not obliged to propagate other than that. However, we are aware of the fact that the books adopted by the party are deep and enlightened and they do not exceed the fact that they are a host of rules related to certain realities, thus it would be wrong to be satisfied with learning and quoting the rules, for these could not be separated from the realities which apply upon them. Indeed the party explains some of the realities in its books, but this was an abridged explanation which serves the purpose of highlighting the rule, however, this explanation would not be sufficient to make one understand the true nature of the realities, thus the other books represent the realities and therefore they should be referred to and they should be read, so that our perception of the party culture is coupled with awareness and not exposed to storms. Therefore, the Shab who frequently reads and researches would always remain in a better position to understand and perceive the thoughts and the culture of the party.

Besides, he who is eager to influence other people, should acquire sufficient awareness about what these people carry in terms of thoughts, opinions and Mathahib (schools of thought). Therefore, we would not be far from the truth if we said that the Shab who had acquired a greater deal of knowledge and study, would be capable of influencing people's thoughts and relations. For Instance, when we say that the Khilafah system is a distinguished system, which is unlike any other system, that no other system is like it, and that it is the only system valid to redress people's state of affairs, for it is a system revealed by He Who knows better about the human being than the humans themselves, i.e. Allah (SWT); and when we also say that the democratic system cannot bring happiness to humanity, but it is in fact just like the other systems, the cause of the humanity's anxiety and instability, for these systems are systems of disbelief, i.e they are man-made systems, and the human cannot establish a system for himself, let alone establish a system for other people and implement it upon them, unless he does this by force. When we say this we are here satisfying ourselves with the party culture, and this understanding would remain nearer to the theoretical rather than the practical understanding. 

What makes it an influential and practical understanding, close to the heart and the mind, would be our study of the Kufr systems and more specifically the democratic system, this would enable us to practically acquaint ourselves with the corruption of these systems and their inability to bring happiness to those who come under their line of fire.

This study could be acquired from the books which talk about the various political systems of the world. The party books would only give the judgement concerning these systems, but they do not sufficiently diagnose the reality of these systems in a way that would allow us to understand their elaborate details.

The same thing could be said of the Sharia'a rules adopted by the party, which are subject of difference among the Mujtahideen and the scholars. Therefore, the study of the evidences listed by those Mujtahideen and scholars, with the aim of ascertaining the extent of their validity would strengthen our confidence in the evidences which the party relied on. This study would be found in the books of the distinguished scholars.

We can list tens of examples to prove that reading other books, be it political or intellectual, as well as the party books, would be indispensable for the Da’wah carrier. We do not wish to say that reading would broaden the perceptions and develop the mentalities, nor do we wish to say that reading would set the reader on the first steps towards political awareness. What we wish to say is that carrying the Da’wah could not be achieved in an efficient and influential way unless reading and study were taken up.

5- Pursuance:

We mean by pursuance the follow up of current affairs and daily news, for this would be different from reading, even though it is connected to it. Pursuance would specifically include the reading of political newspapers and magazines and the listening to the news and anything similar. The pursuance of news represents the basic elements of politics, for there would be no politics without it. When we say pursuance or following we mean exactly that. It means to continue diligently and relentlessly, and not to break even for one single day. This is so because the daily events are a long running chain of events that are interlinked together. Therefore, it would be essential to pursue this long running chain so that the understanding of news and events is perfected, and so that we put ourselves in a position to pass on these news and events a true judgement. We are not in this context trying to highlight the importance of political work and its effects in establishing the Islamic idea within the field of implementation and transactions, this is because we are supposed to have surpassed the stage of realising the importance of political work, to reach the stage of getting involved in political work and to perform its various commitments. The point at issue in this context is to realise the importance of pursuing the news and the events in the political work. Analysing the news would undoubtedly be an important matter, so would be the voicing of one's opinion regarding these news, and linking the Islamic viewpoint to that opinion is most important. However, all this would firmly depend on the pursuing of the daily news and events. Events do not wait for the one who pursues them, they tend to take place and leave their marks even if no one pursued them, thus we ought to obtain the news as they occur, and make sure that no event is passing us by without knowing about it and analysing it, and by Allah, how could the one who has no firsthand experience in pursuing events be able to make events happen in the not too distant future Inshallah? 

The pursuance leads the pursuer to live the events, and turns him into a person pulsating with energy, for he could live in the heart of society and catch their attention. This would enable him to attract them and lead them. It would be wrong to ask whether the daily reading of a local newspaper or the listening a news bulletin in the radio would be sufficient to follow the events; this question should not be asked because the precept lies in the obtaining of the news from its most likely places, regardless of whether the source were a newspaper or a radio. This is so because one could read a newspaper everyday without fulfilling the purpose of pursuance, for most of the time, reading the newspaper would not compensate for the listening to the news bulletin on the radio, and sometimes, the same thing could be said about the radio as well. The main point would be not to allow the events to pass us by without at least acquainting ourselves with them.  

These five matters, the Islamic commitments, Tilawa of the Qur'an, contacting people, reading and the pursuance of news, should be given ample care and attention in order to meet their requirements, and in order for the Shab to fulfil the criteria of the Da’wah carrier. These actions are not a difficult and intractable matter, and they do not require the Shab to extricate himself from all his worldly activities so that he could perfect them. If the party had set a time for the performing of these actions, it did not intend by this pushing the Shab to reduce his working hours in order to concentrate on the Da’wah, what was intended was for the Shab to perform these action in person, to motivate and constrain himself to perform these actions. The whole issue could be down to one single and specific question: Have we made of the Da’wah the cornerstone in our life and our concerns? He who has placed the Da’wah at the heart of his action and his thinking would not be tired of coming up with ploys to perform these actions, whereas he who has not made of the Da’wah the centre of his attention and concern, he would undoubtedly find the world too small for him, and he would come up with the most trivial of excuses. Eventually, he would become a victim of life and her temporal bliss. May Allah make us from those who carry His trust in the best manner, He is Al-Sami'i Al-Mujib. Ameen.

First Published : 2nd August 1975