The Malaysia Court of Appeal on 30th January 2018, dismissed the appeal application by Hizb ut Tahrir / Malaysia with regards to the registration of the party, with a cost of RM10,000. The panel of three judges, who delivered the decision, will however issue their grounds of judgment later. The appeal was filed by Hizb ut Tahrir after the High Court dismissed the Judicial Review application on the 6th of June 2017 which was filed against the Home Minister, also with a cost of RM10,000.
Due to the fact that our application at the High Court had been rejected with unreasonable grounds, the rejection by the Court of Appeal is totally expected. It is inconceivable how the presiding judges upheld the High Court’s decision despite the fact that the Home Minister rejected the registration of Hizb ut Tahrir / Malaysia on the grounds of the fatwa which at the time of the minister’s decision has not even been gazetted!! Where is the logic of this decision!? From another angle, it is also inconceivable that the minister used the defamatory fatwa on Hizb ut Tahrir as a basis for refusal of registration. Where is the rationality and professionalism of a minister in making decision without even clarifying (tabayyun) the facts?!
They claimed that they adhere strictly to the Federal Constitution, the principle of justice and human rights, but when it comes to Hizb ut Tahrir, they set all these aside. When it comes to Hizb ut Tahrir, they ignored the provisions of the Constitution which allows every citizen to establish a society and exercise his/her religious believe freely. When it comes to Hizb ut Tahrir, they pretended not to see the provisions of equal rights and prohibition of discrimination against any citizen. When it comes to Hizb ut Tahrir, they dumped all the human rights arguments and the principles of justice they claimed to promote. They can compromise and be very lenient with socialist parties, kufr parties, secular parties and liberal organizations, but they are very harsh against the Islamic party Hizb ut Tahrir. They talk about Islam here and there, but when it comes to Hizb ut Tahrir, they hurl an extremely serious accusation against Hizb ut Tahrir as a deviant organisation!
In any case, all these decisions are not strange at all. Their secular thoughts and the system that they exercise reveal all their animosity towards the true Islam. What is strange is that they do not seem to know that the Da’wah carried out by Hizb ut Tahrir to resume the Islamic way of life by re-establishing the state of Khilafah ar-Rashidah ‘ala minhaj nubuwwah (Righteous Caliphate on the method of the Prophethood) is unstoppable, not by them nor by anyone. The second Khilafah ar-Rashidah which shall soon establish is the promise of the Prophet ﷺ. They act as if they are oblivious to the admonishes of the Qur’an which shows that the truth (haq) is unstoppable and will eventually defeat and destroy all falsehood. Are they not aware that their life span in this world is not long, in fact it is extremely short and if they do not take heed, a very painful punishment awaits them in the Hereafter for their sins in defaming and blocking the Da’wah carriers in this world. May Allah give them the opportunity to repent and may He (swt) forgive them.
Abdul Hakim Othman
Spokesperson of Hizb ut Tahrir in Malaysia
Friday, 16th Jumada I 1439 AH