Written by Essam Juzuli published on the “Sudanile” website on Tuesday, 16 December 2014 CE
Hizb ut Tahrir is a Project of our Great Ummah that Seeks Revival
Dear respected Brother Essam Juzuli,
Assalaamu Alaikum Wa Rahmatullah Wa Barakaatuhu
We have read your article, and although you have falsely accused the Hizb that it is an ISIS (Da’ish) project as it appears on the title of the article, and despite your accusation, it is clear that you are ill-informed on the party and its thoughts; the best evidence for this are the questions you posed to us! How accurate then is your judgment on the party when you have no knowledge about its beliefs and concepts? We say to you: in spite of all this and because it is the first time that you communicate with the party; we will give you the benefit of the doubt, we have decided that we will answer your questions so that you are well informed of the party and be from the advocates of the truth; and the Glorified سبحانه وتعالى is the guide (Al-Hadi) to the straight path. We say, seeking the aid of Al-Hakam (The Judge) and Al-‘Adl (the Just) سبحانه وتعالى:
First: Your question, “How is Hizb ut Tahrir different from ISIS (Da’ish)?”
Hizb ut Tahrir speaks only for itself, this way it draws the straight line that it believes in, and you can find out how to measure the rest of the lines upon it once you realize the straight line and evaluate which is right and which is wrong, because you are a man of intelligence and wit.
Hizb ut Tahrir is a political party whose ideology is Islam, politics is its work and Islam is its ideology. It works within the Ummah and with it to have it adopt Islam as its issue, and it leads it to establish the Khilafah upon the method of the Prophethood… It is a political party that took the responsibility to be a guardian of Islam and Muslims, and the party aims to revive the Ummah with the correct Revival with the enlightened thought, and seeks to restore its previous victory and glory, so that it returns as the leader over states, nations, and people. It fights colonialism through struggling (politically) against the Kaffir colonists, to rid the Ummah of their control and liberate it of their influence, and to uproot their intellectual, cultural, political, economic, and military roots from all Muslim countries.
Hizb ut Tahrir exposes the betrayal of the rulers to the Ummah, and their plots against it, and works to hold them accountable and change them if they violate its rights or if there are shortcomings in their performance of their duties towards it, or when they neglect one of its affairs. Before and after all this, for violating the rules of Islam, and their rule with other than what Allah has revealed… and the party is a great structure and works in the Arab and non-Arab countries, so it was embraced and followed by the great Islamic Ummah, until it managed to work in all continents of the world.
Second: Your question: “What is the position of the party towards non-Muslims under the Khilafah State”?
Hizb ut Tahrir derives its positions from the great Islam and nothing but Islam, and Islam has obliged Muslims to treat the non-Muslims who are dhimmis (non-Muslims living in the Islamic State) well, so we say: Yes, the non-Muslims in the coming Khilafah, God willing, will enjoy good care because of his صلى الله عليه وسلم saying:
«لهم ما لنا وعليهم ما علينا»
“For them is what we have (rights) and upon them is what is upon us (duties/laws)”.
Hizb ut Tahrir will truly apply in reality the principle: “For them is what is for Muslims from justice, and upon them is what is upon the Muslims of fairness”. Therefore, non-Muslims in front of the ruler and the judiciary and when caring for their affairs are equally viewed as Muslims without any discrimination. The duty of justice to them is as that for Muslims… Islam came with detailed rules for the dhimmis, from them is that they are not forced out of their religion, and all they have to pay is the Jizya tax, and no other money is taken from them, unless it is part of the condition of the peace treaty. Jizya is only taken from male mature adults.
On the authority of Nafi’ from Aslam the slave of Omar, “That Omar wrote to the leaders of the Armies to take the Jizya, but women and children do not pay, only men should pay it”, no one (from the companions) disagreed with him. Jizya is only taken from the one who is able to pay it, this is because of the saying of Allah سبحانه وتعالى:
عن يدٍ
“…they give the jizyah willingly”
(At-Tawba: 29)
That is based on ability. If the man is unable to pay it is not taken from him. If he is unable to pay it due to poverty and he is unable to work, it is obliged to spend on him from Bait ul Mal as eligible Muslims. In the book “Al-Kharaj ” by Imam Abu Yusuf, it states: “That the Ameer of the believers, Omar Ibn al-Khattab (ra) saw an old Jewish man standing by the door, he asked him about that, he replied, “It is the need and Jizya and old age”. Thus he (ra) said, “We have not been just to you, we took away your youth and abandoned you at old age, so he cancelled his Jizya and ordered that money be spent on him and his dependents from Bait ul Mal.” During the time of Khalid Ibn Al-Waleed (ra), this took place when dealing with the people of Hira, who were Christians, “For the old man from the Dhimmis who is unable to work, or was inflicted by illness, or reduced to poverty after being rich, and he receives charity from the people of his religion, then he will be exempted from paying the Jizya and will be himself and his children supported from Bait ul Mal of the Muslims, as long as he is a resident in Dar ul Islam.”
When Jizya is taken, it should be taken amicably not by violence or torture, and the amount taken from them must not leave them overburdened, they must not be oppressed and the money taken is not more than what they can afford.
From Hisham Ibn Hakeem Ibn Hizam he passed by people who were oppressed by the Jizya in Palestine, Hisham said: I heard the Prophet صلى الله عليه وسلم say:
«إن الله يعذِّب يوم القيامة الذين يعذِّبون الناس في الدنيا»
“Allah will punish on the Day of Judgment those who torment people in the Dunya.”
From Abdurahman Ibn Jubair, that a large amount of money was delivered to Omar Ibn al-Khattab (ra), and he said: I fear that you have oppressed the people, they said: No, by Allah we only took it with agreement, he said without lashing or hitting? They said: Yes, he said: Alhamdulilah that this did not happen by my hand and under my rule.”
Islam obliges the good treatment of Dhimmis, they are supported and cared for, and must be protected by Muslims, their blood, money, and honour, and it secures their food, shelter, and clothing.
From Abu Wa’il from Abu Musa or one of them by his chain of transmission that the Prophet صلى الله عليه وسلم said:
«أطعموا الجائع وعودوا المريض وفكوا العاني»
“Feed the hungry, pay visit to the sick, and free the one in captivity (by paying their ransom)”.
Abu Ubaid said, “Therefore, the Dhimmis are excluded from jihad, their prisoners are freed and if they are slaved, they return to their Dhimma and their covenant as free, and there are narrations regarding that”
Dhimmis are left to their religion and are not forced out of it, for the saying of the Prophet صلى الله عليه وسلم:
«على يهوديته ونصرانيته فإنه لا يُفتَن عنها من كان»
“He who is upon his Judaism and his Christianity should not be coerced away from their faith.”
Therefore the people of Dhimma are like the rest of the other subjects, have rights of citizenship, protection, guaranteed living, and fair treatment, with kindness and leniency. So Muslim and non-Muslim enjoy the shade of the righteous Khilafah and its justice and bounties, and finds justice and welfare.
Third: Your question: “What is the position of the party regarding conventions and customs of the United Nations on human rights”?
Gently and leniently we like to draw attention that in Islam it is incorrect for parties to have opinions separate to Islam, but the opinions of the great Islam must be the opinion of every honourable and dignified Muslim, from this basis Hizb ut Tahrir formulates its positions, emanating from the great Islam. In this case it is not permissible to take part in any conventions or international treaties/charters and customs contrary to Islam. Are you, the writer of the article not fully aware that the international conventions were not put in place to ensure human rights, but to ensure the capitalist greed of the big capitalists who rule the new world; America, the old Europe, and the alliances and followers?… Surely you are aware and know this; someone like you must not be ignorant of this! The international charters are only frail idols of dates (Ajwa) that the Kaffir colonizing West feed on whenever its greed strikes for the oil of the Muslim countries, and is used against anyone who tries to stand in the face of its brutal Imperialism and capitalist greed. The best example for this is what America did and its alliance in 2003 when they occupied Iraq in bloody brutality crushing with their feet each international charter and custom; there are many evidences for those of sight and insight… Perhaps you read the book, Abbreviated History of Civilization by Arnold Toynbee, a Western writer – and a witness from their family – he described the United Nations Charter as “an absurd Charter”, because it guarantees the right to veto i.e. rejection of the major states, under which they can halt any decision in defense of the oppressed, and so all affiliated states in the United Nations General Assembly – the 192 countries – must be satisfied with the veto power of one state only, without any regard given to the importance of the subject and threat to human rights, which they claim to be their champion protector!
سَاءَ مَا يَحْكُمُونَ
“Evil is that which they judge”
(Al-Jathiya: 21)
The great Islam alone protects a person’s (Muslim or Kaffir) right to live in dignity, justice, security and reassurance:
وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْمًا لِقَوْمٍ يُوقِنُونَ
“But who is better than Allah in judgement for a people who are certain [in faith].”
(Al-Ma’ida: 50)
The Khilafah state upon the method of the Prophethood for which Hizb ut Tahrir is working to is establish will apply Islam, and all mankind will enjoy all their rights under its shade; Praise be to Allah, the Lord of the Worlds.
Fourth: Your question: “What is the party’s stance on foreign relations with the Kafir countries under the cooperation agreements with Russia?”
Russia is an enemy state of Islam and Muslims, and its criminality against Muslims is well known, Russia killed more than 100 thousand Muslims, and wounded more than 200 thousand of them, and brutally displaced nearly 500 thousand of Muslims in Chechnya in the war throughout 1994/1998 CE. It killed children and raped women… Indeed, its brutality in killing Muslims is no less than that of America and Europe towards Muslims. The Islamic ruling is clear which is the prohibition of dealing with any enemy state to Islam and the Muslim; it is forbidden to establish any diplomatic relations with a state actually fighting Islam, but a state of war must be declared against it. The Almighty says:
إِنَّمَا يَنْهَاكُمُ اللَّهُ عَنِ الَّذِينَ قَاتَلُوكُمْ فِي الدِّينِ وَأَخْرَجُوكُمْ مِنْ دِيَارِكُمْ وَظَاهَرُوا عَلَى إِخْرَاجِكُمْ أَنْ تَوَلَّوْهُمْ وَمَنْ يَتَوَلَّهُمْ فَأُولَئِكَ هُمُ الظَّالِمُونَ
“Allah only forbids you from those who fight you because of religion and expel you from your homes and aid in your expulsion – [forbids] that you make allies of them. And whoever makes allies of them, then it is those who are the wrongdoers.”
(Al-Mumtahina: 9)
There is no comment after the words of Allah سبحانه وتعالى,
وَاللَّهُ يَحْكُمُ لَا مُعَقِّبَ لِحُكْمِه
“And Allah decides; there is no adjuster of His decision”
(Ar-Ra’d: 41)
Fifth: Your question: “What is the position of the party on Jihad in light of the verse:
قاتلوا الذين لا يؤمنون بالله ولا باليوم الآخر ولا يدينون دين الحق من الذين أوتوا الكتاب حتى يعطوا الجزية عن يد وهم صاغرون
“Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture – [fight] until they give the jizyah willingly while they are humbled.”
(At-Tawba: 29)
And what is its opinion on the captivity of women and offering them for sale in the market and taking slaves and those whose right hand possess?”
We appreciate your protectiveness for Islam and glory of Muslims, and we appreciate your yearning to raise the banner (Raya) of jihad and fight the Kaffir colonists, and these are what every Muslim, pious and pure yearns for… Hizb ut Tahrir whose ideology is Islam, and the pinnacle of Islam is jihad for the sake of Allah, and the pinnacle of the thoughts of Hizb ut Tahrir is to liberate the meaning of jihad in the minds of the Muslims, so that it is rectified back to its pure flawless meaning behind a Righteous Khaleefah who is fought from behind and shielded. True to the words of the honest and trustworthy:
«إنما الإمام جنة يقاتل من ورائه ويتقى به»
“Verily the Imam is shield who is fought from behind and is protected by”
… And if it wasn’t for the betrayal of the rulers in the Muslim countries, the banners of Jihad against all colonial Kuffar would have been raised. Hizb ut Tahrir incites the armies stationed in their barracks to move to fight all the colonial Kuffar and to liberate every occupied country in the Muslim world (like Andalus, Palestine, Afghanistan and South Sudan…), so that the armies move to achieve the glory of the Dunya and the Hereafter, dismantling the barriers of the criminal rulers and roars in the face of every traitor agent and all their associates.
As for your question about the captivity of women and taking slaves it is clear from the title of your article you mean the captivity of dhimmi women who are in the Muslim countries, and living among Muslims throughout the centuries in safety and security, like the Christians of Iraq and other polytheist sects. We reply to you that it is prohibited to take their women in captivity instead the laws of Dhimmi must be applied on them, which we mentioned earlier, they have the right to justice, and equity, security and safety, and their honour is the honour of the Muslims is defended by Muslims, the Prophet صلى الله عليه وسلم said:
«لهم ما لنا وعليهم ما علينا»
“For them is what we have (rights) and upon them is what is upon us (duties/laws)”.
Rest assured, dear brother, who is concerned for the interests of the non-Muslims, the Dhimmis.
Sixth: Your question: “What is the opinion of the party on the Darfur war dead; are they martyrs or dead corpses due to the Hadith:
«إذا التقى المسلمان بسيفيهما فالقاتل والمقتول في النار»
“If two Muslim meet with their swords, the murderer and the murdered are in Hellfire”.
The discussion, my brother is not whether the dead are martyrs or corpses! Rather the correct and productive discussion is: “Why did the people in Darfur revolt against the regime, and what is the Islamic ruling on the armed revolt against the illegitimate ruling dictator?” Therefore based on this correct discussion, the answer is: that it is the Shariah obligation to revolt against the unjust system that does not implement the Law of Allah سبحانه وتعالى in Sudan, to change the system from a non-Islamic system to the Islamic system; a guided Khilafah upon the method of Prophethood that applies the Laws of Allah… Islam has obliged the ruler to take good care of the affairs of the people, the Prophet صلى الله عليه وسلم said,
«فالإِمَامُ الذي على الناس رَاعٍ وَهو مَسْئُولٌ عَنْ رَعِيَّتِهِ»
“The Imam over the people is a Shepard and is responsible for his flock” (Agreed upon).
It is incumbent upon the State to provide the basic needs of the individual, namely, food, clothing, and housing, justice and fairness. It is also obligatory that the state provide basic needs of the group, namely: security, health, and education. The Prophet صلى الله عليه وسلم said,
«من بات منكم آمناً فى سربه معافى فى بدنه عنده قوت يومه فكأنما حيزت له الدنيا بحذافيره»
“The one who spends the night safely in his house, healthy in his body, it is like he attained the world in its entirety.” (Corrected by An-Nasa’i).
May Allah have mercy on the one who said:
“If you are entrusted with a trust, then guard it. For the noble one is the one who guards the trust.”
As for how a revolution is conducted against the unjust system, it is not by raising arms against the oppressors; and in the action of the Prophet صلى الله عليه وسلم in the long struggle against the Kufr system in Mecca but a good beacon that guides the way. He صلى الله عليه وسلم did not carry weapons despite his ability, he had very strong companions who were great heroes fearing Allah alone… the correct method for changing the system is to follow the footsteps of our noble Prophet صلى الله عليه وسلم. O writer of the article, work with Hizb ut Tahrir to mobilize the Ummah’s energies against the oppressive regime in Sudan, which is excessive in injustice, betrayal and in tearing the country and starving the people, and create public opinion against oppression and oppressors, and ask for the support of the people of power and protection who are able to deliver the change and take power to establish the Righteous Khilafah, and implement the Law of Allah and the good prevails across the globe.
Seventh: Your question: “What is the opinion of the party on women becoming ministers and judges?”
According to the Shariah, it is forbidden for a woman to assume the position of any rule, like the Khaleefah, Delegate Assistant or the Wali (governor) or the ‘Amil. Because of the narration of Al-Bukhari from Abu Bakra that he said
«لما بلغ رسول الله صلى الله عليه وسلم أن أهل فارس قد ملكوا عليهم بنت كسرى قال: لن يفلح قوم ولوا أمرهم امرأة»
“When the Messenger of Allah صلى الله عليه وسلم received the news that the daughter of Kisra had been given the reign over the Persians He said: never will succeed such a nation that make a woman their ruler.”
The hadeeth of the Prophet removes the “success” from those who make women their rulers, it is in the request format, and since this narration carried a rebuke for those who make women as their rulers and “success” is removed from them, this is an indication of a definite prohibition; this prohibition of making women as rulers is linked to a qareena (an indication) which reflects the definite request to leave the action.
This makes it Haram for women to assume the position of power, like the position of Khaleefah and other lower posts of ruling. This is because the subject of the hadeeth is the daughter of Kisra (Chosroes) assuming a position of power, it is linked to ruling, and it is not specific to the incident of the daughter of Kisra alone. Also it is not a general rule that is applied to other situations, it is only concerned with ruling. As for the judiciary in the Shariah it is: (delivery of compulsory of Shariah rules) i.e. it is giving a rule and not assuming of a position, this is why women can become judges in the area of disputes and accounts in the guided Khilafah state. So she can issue judgment between people with Haqq and justice.
But the post of the judge of unjust acts (Mathalim) she is prohibited to assume because it is a position of passing judgment on the ruler (Khaleefah), It is prohibited that a woman become Qadi of Mathalim. It is important to point out that Qadi ofMathalim has the authority to remove the Khaleefah from power, based on Shariah rules. His post is one of the most important guarantee to stop the diversion and tyranny of the Khaleefah, and here the greatness of Islam manifests and the greatness of the guided Khilafah state upon the method of Prophethood.
Eighth: Your question: “How will the party deal with the existing churches in Sudan, will they be allowed to exercise their activity or will it be offered to investors as the current regime has done?”
Dear brother one should be fully aware that the one who implements the rules in the Khilafah State is the Khaleefah who is given Bay’ah by the Ummah by consent and choice. The Righteous Khilafah State is not a state that belongs to a party; it is not allowed for Hizb ut Tahrir to forcefully dominate and rule the Ummah. Actually the Khaleefah does not become a legitimate ruler except by a Bay’ah contract based on consent and choice of the Ummah. The Shar’i rule states: “Authority is for the Ummah i.e. the Ummah alone has the right to choose its Righteous Khaleefah and gives him the Bay’ah (oath of allegiance) to rule by the Book of Allah and the Sunnah of the Messenger of Allah صلى الله عليه وسلم.”
As for the churches, it is not allowed for the Khaleefah to prevent non-Muslim who are dhimmis from practicing their beliefs. This is what the Party states in the Draft Constitution of the Righteous Khilafah State in Article (7) paragraph (b): “Non-Muslims must be free to practice their beliefs and what they worship within the public order.” As for what the current regime is doing it is not surprising! The system that does not apply the laws of Allah, it is natural for it to view each case as investment and making profit, such a system deserves that you, the writer of the article, and us, work hard to uproot it, and replace it by the Righteous Khilafah system, so that the non-Muslims can see the light and justice of Islam, then people will enter the Deen in their droves, you, the writer of the article, deserve this great victory.
Ninth: Your question: “What are the mistakes made by the Islamic State of Nimeiri that took place from the point of view of the party?”
This is a truly strange question! This matter does not take a lot to explain and demonstrate, the whole of the Islamic Ummah is well aware that Nimeiri’s regime was not an Islamic system, either closely or from afar, we will not stand at a weak view as such, in order to show its dimensions and explain its details, the Ummah has surpassed such statements since many decades ago… It is since the exit of the English colonizers of the land of Sudan, that not any Islamic regime was established in Sudan, but successive secular systems with communist faces and democracy sometimes, and a hint of Islam to mislead at other times, and the deception behind all those masks was exposed to the Ummah, and the truth remains standing for those of sight and insight, which is, Sudan was not ruled by Islam… Could the writer of the article then join those working seriously to restore the rule of Islam by establishing the Righteous Khilafah upon the method of Prophethood, the glory of Sudan and all countries? We will be waiting.
The final conclusion:
Our response was not in defense of an opinion or a compliment to an opinion holder! but a sincere advice to a Muslim that we gave benefit of the doubt, the good is in the Ummah until the Day of Judgment… We wish for you, the writer of the article join this glorious movement that is leading the great Islamic convoy of change for the establishment of the state of Shari’ and obligation. The Righteous Khilafah upon the method of Prophethood, so that you will be part of the movement that works night and day, is aware of its objective and method, working hard with a correct Ijtihad and sharp political awareness to restore for the Islamic Ummah it previous victory and glory, under the political authority of the astute statesman, the honourable Scholar, Ata Bin Khalil Abu Al-Rashtah (the Ameer of Hizb ut Tahrir)… Here we are extending our arms in peace to you to join us in this great path, you may meet us here or there and learn more about us, and Allah سبحانه وتعالى unites the hearts and He سبحانه وتعالى guides to the right path.
Ibrahim Othman (Abu Khalil)
Official Spokesman of Hizb ut Tahrir in Wilayah Sudan
Monday, 30th Safar 1436 AH
22/12/2014CE
No: HTS 63/2014