It is mentioned in the Introduction to the Constitution Part One, Article 36d: in the explanation that the Khaleefah has the right to remove the assistant (Mu’aawin) proven by analogy (Qyias) to the one given proxy (wakala) unless there is a narrated text which prohibits removing him in special circumstances. Please clarify the specific circumstances that prohibit the Khaleefah from removing the Mu’aawin? And Baraka Allah Feekum in advance for your answer, wassalamu Alaikum, and May Allah protect you.
From Omar Almukhtar
In the Name of Allah the Great and from Him I get the support:
Our Honourable Scholar: As-Salaam Alaikum Wa Rahmatullah Wa Barakaatuhu
I have two questions; can you kindly honour me with their answers? I ask Allah to guide your steps and of those working for the resumption of the Islamic way of life:
It is stated in the book The Draft Constitution, The Necessary Evidences for It Part One page 218 (English version) Article 33:
“b. If the Khalifah dies or resigns before appointing the temporary leader, or the position of the Khilafah becomes vacant due to another reason, then the eldest of the assistants becomes the temporary leader.”
What is the evidence for this article? Why does the eldest of assistants become the temporary leader and not one who is younger than him?
From: Omar Almukhtar
Assalamu Alaikum our honorable Ameer,
We say that establishment of Khilafah and Jihad are different obligations justifying the point that Jihad can’t be the methodology to establish the Khilafah. Can you explain that these two are different obligations?
May Allah سبحانه وتعالى accept from you and give you the responsibility to guide the Ummah.
From Lone Traveller
Ninety-three years passed since the colonialists Kaffir destroyed the Khilafah state in Istanbul at the hands of the British agent Mustafa Kamal on the 28th of Rajab 1342 AH corresponding to 3rd of March 1924 CE. Since then, Muslims have been living without an Imam that unites them under his banner, and without someone to look after their affairs, and without a protector of their wealth, and without a defender of what they hold sacred and without a guard of their sanctities, and without someone to punish those who slander the best of creation, the noble Prophet Muhammad صلى الله عليه وسلم. By the destruction of the Khilafah, the post of the Imam whom we fight from behind and are shielded by from the Kaffir’s aggression on us is vacant.
Two U.S. Senators, Dianne Feinstein (D-California) and Jay Rockefeller (D-West Virginia), wrote an article in the Washington Post on the 11th April entitled, “Why the Senate report on the CIA’s interrogation program should be made public”. Sen. Dianne Feinstein chairs the Senate Select Committee on Intelligence that issued the report, which, she said previously, “exposes brutality that stands in stark contrast to our values as a nation. It chronicles a stain on our history that must never again be allowed to happen.”
The Islamic Ummah lives in suffering from East to West, and in some places living under occupation and in other places living through war, and in other places living under corruption, and in other places subject to plunder… all are under injustice, oppression and suffering. But the Islamic Ummah is the best Ummah sent for mankind in its correct Aqeedah and comprehensive system of life, and its strategic position, and immense wealth, and its tremendous human potential. The Islamic Aqeedah is the only correct Aqeedah because of its being based on conclusive evidence and convinces the mind, so the heart is reassured by it, and it agrees with human nature.
Far and wide, the country is witnessing a severe crisis in bread and fuel, including gas, petrol and gasoline these days. Queues have stretched out in front of bakeries, and cars in front of gas stations, amidst grumbling from the citizens. These crises remain periodically recurrent from one time to the next.
Assalamu Alaikum wa Rahmatullahi wa Barakatuhu
The respected scholar Ata Bin Khalil, after greeting,
All of us know that the Ummah today is closer than any other time to announce the Khilafah State, which will be covered by an urgent newsflash that we could hear any time by the will of Allah. But my question, depending on your location and knowledge of the current events, is the Islamic Ummah ready now for such a great thing, especially when we put into consideration that the tasks that follow establishing the state may be is much more difficult than the work to establish it, so is the Ummah ready to tolerate such consequences?
From: Yusuf Yusuf
Jazak Allah for your reply… also is it possible to make the discussion open so that Muslims may benefit from their contents and to see the sincerity of Hizb ut Tahrir and its Ameer in accepting the truth, after they realise the weakness of the opinion?
The first idea that we want to discuss is the time limit for the Muslims to establish the Khilafah.
A brother named Aang Yulius wrote this article to me:
Is the narration used by Hizb ut Tahrir as an evidence for the fixed time limit for the Muslims to establish the Khilafah correct?
A few days ago a group of advocates for federalism in eastern Libya announced what they called “The government of Cyrenaica territory”, containing the names of 24 people to assume ministerial posts. The announcement also contained the division of the territory into four provinces: Ajdabiya, Benghazi, Jabal al-Akhdar, and Tubruq.
This is the third time this group has announced and insisted on this kind of project.
We are surprised by the insistence on this project, and strongly denounce this in a land that is originally unified, and in an area where a vast majority of the people are against the division and fragmentation of their land.
The Almesryoon Today Newspaper published on Thursday, 11/21/2013, the first draft of the fifty- member Constitutional Amendment Committee. Although there were adjustments made to most of its articles, this amended Constitution does not differ much from the previous Constitution and the former one, in being all constitutions of Kufr developed for Kufr system, contrary to the ruling system of Islam. Sovereignty in the Kufr system does not belong to the divine law (Shariah). Rather it belongs to the people, who have the right to legislate; that is the right to forbid the halal and permit the haram, and to issue judgments of pretty (hassan) and ugly (qubh) on things and actions.
Assalamu Alaikum, how are you our Ameer? We hope that you will always be in best health and wellness, and we ask Allah the Almighty to be with you with what He is satisfied and loves, and strengthen your strides, my question is:
An increase of questions are being asked by people these days, that when Allah bless us by establishing the Islamic state, Khilafah according to the method of the Prophet. How will we be able to rule by Islam, and we know that Islam has to be implemented completely from the first days. So what are the decisions and procedures and the practical steps that must be taken immediately after the announcement of the Islamic Khilafah? And what is our role as members in this group in a country situated in the area of the Khilafah? Once declared, by the will of Allah…
And Jazakum Allahu Khairan for your concerns.
Abu Ghazi Al-Zeen from Tripoli Al-Shaam
Is it allowed to use the term ‘Minister’ in the Islamic State even though this term has its reality in the capitalist system?
Assalamu Alaikum wa Rahmatullahi wa Barakatahu,
Have the Khulafa’ al-Rashidun reportedly raised the banner (Rayat al-Uqab) and the flag (Al-Liwa’) of Islam? Is this stated in the sources? Barakallahu feekum.
From Al-Wathiq Bi Nasrillah (The one confident in the victory from Allah)
Assalamu Alaikum wa Rahmat Allahu wa Barakatu
Our beloved Ameer, may Allah سبحانه وتعالى open the doors to Jannah and victory for you, Insha’Allah.
I was very hesitant to send you this letter, knowing how busy you are and your responsibilities and the amount of requests that you receive, so I did not want to increase the burden, but the want to address you overcame me, so excuse a mind that was overpowered by longing.
There are those who say that Hizb ut Tahrir depends on the period of Mecca in its quest for the establishment of the Khilafah and not on the period of Medina. It views material action, i.e. “Jihad” in the stage of calling for the establishment of the Khilafah as a violation of the Shari’ah, because the Prophet صلى الله عليه وسلم has not done so… The questioner adds: Why is the evidence of the establishment of the Khilafah not taken from the Medinese period, where Jihad was valid and applied? Is there a clear-cut sufficient answer to the issue? Wa jazak Allahu khairan.
On Monday 09/16/2013, several newspapers and websites circulated the answer to a question posed to Sheikh Yasser Brahimi on his homepage “Sawt as-Salaf” around the obligation to participate in groups that work to establish the Khilafah and call for Jihad. The Sheikh replied with the following: “Further; cooperation in righteousness and piety is an obligation. The obligation of engaging in it does not just arise for the sake of the announcement of people they want to establish the Khilafah or jihad or accountability or other lost obligations. Rather the methodology, the work and the means must be correct, in addition to the correct aim and purpose. Many of those who claim to have good intentions directed towards the right purpose are not so!”
The Khilafah is a contract based on mutual consent and choice, the Ummah made a condition for Abdul-Rahman bin Awf (radhiyaAllahu anhu) that whoever becomes a ruler should only rule by the Book of Allah سبحانه وتعالى and the Sunnah of His Messenger صلى الله عليه وسلم, adding to this “the methodology of the two scholars”(..?) So do we understand from this that it is permissible for the Ummah to make a condition in the Bayah contract determining the duration for the Khaleefah? Please clarify, Jazakum Allah Khair.
The following has been brought into question from one of the brothers, and I will cite its text:
Assalamu alaykum wa rahmatullahi wa barakatuhu... The controversy here in Syria regarding the banner of Rasoolullah صلى الله عليه وسلم has increased, including the disagreements. One of the questions that were directed to the Islamic Authority of al-Sham on its website titled: “Is there a specific banner for Syrians to abide?”
We have adopted that “the army, internal security, industry, and international relations” are independent institutions (ajhizah) and not departments (dawa’ir), so why do we use the word ‘department’ (da’irah) and not ‘institution’ (jihaz)? May Allah reward you.
It is mentioned in the book, Structuring of a Party (At-Takattul), about the reaching of the rule by way of the Ummah and the actions associated with seeking the Nusrah. Is seeking Nusrah part of the interaction stage or is it from the stage of reaching the rule? Please clarify and provide detail as before.
From Okab Alhak
Assalamu alaikum waRahmatullahi wa Barakatuhu.
Yaa sheikh, I would like to ask you a question about the 3-day deadline of nasb ul-Khaleefah after the retirement of the previous Imam. It is stated in the Ajhizah book that this time-span is based on Umar’s (radhiyallahu anhu) order to kill any among the six Sahabas if they reject the agreement of the others after 3 days. My question is that there are some people who state that this Riwayat taken from Tarikh Thabari is categorized as dha’if (weak). What do you say about it? Baarakallaahu fiik wa jazaaka khayran jazaa.
It was mentioned in the book, The Ruling System in Islam that “the terms hukm (ruling), mulk (kingdom) and sultan (authority) have the same meaning.” Is this a linguistic meaning of ruling or the common meaning? Thus if it holds both meanings, would it be considered a coined terminology (lafdh mushtarak)?
The term “Al-Bay’ah” mentioned in the hadith means ‘the contract between the Khaleefah and the Ummah’. Is the term “al-Bay’ah” a linguistic meaning (Haqeeqah) or a divine (Shar’ii) meaning?
The term “Bayah” is a divine (Shar’ii) meaning, and not a customary meaning or a specific customary meaning (istilah). This is because its definition was specified by the Legislator (Allah), not by tradition (urf).
This republican system is a secular democratic system and even if it has been cloaked with the clothing of Islaam or dressed with the terminology of ‘Islamic reference’ as is being marketed today in an attempt to hide its real ugly face. This is in addition to this being the very same system that has caused you to suffer woes for more than fifty years and indeed everyone who has lived in the Islamic lands have felt these woes in terms of humiliation, weakness and subservience to the disbelieving west via their agents, the heads of state of these republican systems.
The idea of establishing an Islamic Emirate poses a challenge to the Islamic project or movement and the establishment of the Khilafah.
Some may find this statement strange despite it being the true reality and that is that the idea of an Islamic Emirate as understood by the Jihaadi Salafi movement poses a danger within the Islamic project.
The Islamic Emirate does not have a Shar’i basis and it is a counter-productive idea politically and this has been confirmed in the examples in which this idea has been represented.
Hizb ut-Tahrir Wilayah Pakistan has issued a Publicized Policy Position (PPP) regarding looking after the affairs of the people. It outlines how democracy is far from a system for the people, as it is claimed. Democracy does not even look after the majority of the people. Democracy is in fact designed to secure the interests of the few elite. It further shows how in the Khilafah, because Allah سبحانه وتعالى alone is Sovereign, no human-being, ruler or otherwise, can usurp the rights of others and then make a law to legalize their oppression.
Hizb ut-Tahrir Wilayah Pakistan has issued a Publicized Policy Position (PPP) regarding looking after the affairs of the people. It outlines how democracy is far from a system for the people, as it is claimed. Democracy does not even look after the majority of the people. Democracy is in fact designed to secure the interests of the few elite. It further shows how in the Khilafah, because Allah سبحانه وتعالى Alone is sovereign, no human-being, ruler or otherwise, can usurp the rights of others and then make a law to legalize their oppression.
This is a translation of the revised Draft Constitution of the Khilafah State published by Hizb ut-Tahrir in 2010.
Today we find a multitude of flags in the Muslim world. These have been carefully designed with colours and symbols to represent characteristics of the nation state. In Islam, we have not been given a choice concerning what type of flag we use even down to the colour. The shariah has specified the type of official flag the Khilafah will use and therefore we cannot deviate from this. Furthermore, we cannot wave flags that represent concepts which are against Islam such as nationalism and division of Muslim lands. The article below is taken from the book “Institutions of State in the Khilafah” by Hizb ut-Tahrir.