Judiciary, Side Feature, The Khilafah

Legislation in Islam is for Allah Alone, no One has the Right to Make things Lawful or Unlawful Besides Allah

Baj News quoted a source described as reliable that the Minister of Justice made proposals to the Transitional Cabinet calling for the repeal of Article 126 (apostasy) from the country’s criminal law, and the introduction of a new article criminalizing considering persons and sects as disbelievers (Takfeer) to conform to the Bill of Rights stipulated in the constitutional document, noting the amendment of Article 79 (dealing with wine), provided that it is limited to Muslims only, the source asserted that the articles that have been abolished are Article 152 (obscene and indecent acts) and Article 153 (indecent presentations), and amendment of Article 154 (prostitution).

We, in the Women’s Section in the Media Office of Hizb ut Tahrir / Wilayah of Sudan, clarify the following:

The Minister of Justice’s keenness not to make Takfeer on non-Muslims (consider them as disbelievers) in Sudan despite their small number, at a time when their alleged freedoms leaves no room for Islam, which is the religion of the majority of the people of the country, and the guarantee of their rights to live by the system they accept, including the Shariah rules, which have been abolished. The Minister did not pay attention to the clear impact of the philosophy of this legislation that stems from the principle of freedoms, which almost dominates the amended clauses, and almost eliminates the provisions of Islam embraced by the majority of the people of Sudan (95%). The transitional government has explicitly declared its secularism by adopting Western capitalist thought, which includes freedom of religion and personal freedom. The principle of freedoms which is hostile to Islam and opens the door wide to disbelief, atheism, immorality and depravity, did not come from the conviction of the people of Sudan who love Allah’s law, but rather it was brought about through the dictates of the West on the rulers of Sudan, which is not a new thing. The West has imposed its civilization to fill the political, social and economic vacuum in Sudan, which resulted from the absence of a legal system that reflects the values ​​of the Ummah since the so-called independence, and has distorted the political, economic and social structure in order to create an intellectual imbalance in the society so that Western systems and legislation can prevail in all Muslim countries, including Sudan, by pressurizing the meagre governments that represent only themselves, and do not represent the Ummah, but torture them.

O Muslims: Know that pressure to enforce Western legislation has no ceiling, and according to the BBC, Amnesty International said, “The authorities must amend the Criminal Code of 1991, especially articles 77 and 78, which regulate alcohol consumption and circulation, and articles 145-158 that regulate the so-called ‘Ethics’, including consensual sex, dress code, and other matters regarding the conduct of individuals in private places”. The organization called on the Sudanese government to “ratify important instruments relating to women’s rights, including the Maputo Protocol regulating women’s rights in Africa, and the UN Convention on the Elimination of All Forms of Discrimination against Women.”

Legislation is for Allah alone:  إِنِ الْحُكْمُ إِلَّا لِلَّهِ أَمَرَ أَلَّا تَعْبُدُوا إِلَّا إِيَّاهُ “Legislation is not but for Allah. He has commanded that you worship not except Him.” ]Yusuf: 60[. No one has the right to set what is lawful (Halal) and what is unlawful (Haram) besides Allah, and making legislation for human beings is a major crime in Islam. Al-Tirmidhi narrated on the authority of ‘Adi bin Hatim, who said: “I came to the Prophet ﷺ while I had a cross of gold around my neck. He said, «يَا عَدِيُّ اطْرَحْ عَنْكَ هَذَا الْوَثَنَ» “O ‘Adi! Remove this idol from yourself!” And I heard him reciting from Surah Bara’ah: اتَّخَذُوا أَحْبَارَهُمْ وَرُهْبَانَهُمْ أَرْبَاباً مِنْ دُونِ اللَّهِ “They have taken their scholars and monks as lords besides Allah” [At-Tawba: 31]. He ﷺ said, «أَمَا إِنَّهُمْ لَمْ يَكُونُوا يَعْبُدُونَهُمْ وَلَكِنَّهُمْ كَانُوا إِذَا أَحَلُّوا لَهُمْ شَيْئًا اسْتَحَلُّوهُ وَإِذَا حَرَّمُوا عَلَيْهِمْ شَيْئًا حَرَّمُوهُ» “As for them, they did not worship them, but when they made something lawful for them, they considered it lawful, and when they made something unlawful for them, they considered it unlawful.”

And there can be no real change under laws based on Western philosophy in legislation, and the West itself through its rational people is looking for find solutions to the crushing and overwhelming crises that have resulted from these laws.

True stability, tranquility, and a contented life can only be achieved in light of the full application of Islam in its state, the Khilafah Rashidah State (righteous Caliphate) on the method of the Prophethood, which builds all its institutions, apparatus, systems, and constitution on the Shariah rulings that emanate from the Islamic Aqeedah, which is the doctrine of the Ummah.


Official Spokeswoman of the Women’s Section in Hizb ut Tahrir in Wilayah Sudan

Tuesday, 10th Jumada II 1441 AH

04/02/2020 CE

No: 1441 / 07