Yesterday (6th June 2017), the Kuala Lumpur High Court dismissed a judicial review application by Hizb ut Tahrir / Malaysia (HTM) to challenge the Home Minister’s decision in rejecting HTM’s appeal to register as a legal organization in Malaysia. The court ruled that the Minister had acted correctly and in accordance with the law in rejecting the appeal of the registration. The decision, which is in favour of the Minister, was delivered by Judge Datin Azizah Nawawi, who rejected all the arguments put forward by HTM’s lawyer in this case. The judge also ordered HTM to pay costs to the Minister of RM10,000.
We are certainly not surprised by this duly expected decision. If you fought with the Home Minister in a court, what would you expect? We brought the case to court in order to claim our rights that was denied by those claiming to be the followers of democracy who believe in human rights and justice. With this decision, it is evident that justice and human rights that they hold dear are nothing but empty slogans. In rejecting the registration of HTM, the Home Minister reasoned that HTM is “likely to be used for purposes prejudicial to or incompatible with peace, welfare, security, public order, good order or morality in the Federation, following the information by the Selangor Islamic Religious Department that the beliefs and teachings of Hizb ut-Tahrir has been decided by the Selangor Fatwa Committee Meeting (1/2014) to be contradictory and deviating from the true teachings of Islam according to Ahli Sunnah Wal Jamaah”.
It is obviously strange when the denial of registration is based upon the minister’s argument that HTM is “likely to be used for purposes prejudicial to or incompatible with peace, welfare, security, public order, good order or morality in the Federation” where as a matter of fact, it has been clearly proven that HTM, which has existed in Malaysia since late 1990s until now, has never been as such and this is a well-known fact to the Minister and the Royal Malaysian Police (RMP) themselves. The argument “likely to be used” itself is actually very weak because it is based on guesses or prejudices alone, and not by evidence! How could the work of Hizb ut Tahrir to implement the entire law of Allah (swt) by re-establishing the Righteous Caliphate upon the method of the Prophethood, by following the footsteps of Rasulullah ﷺ be accused as such? The da’wah of Hizb ut Tahrir around the world, not only in Malaysia, has been carried out intellectually, politically and peacefully and it speaks for itself. Hence, the Minister’s ground in rejecting the appeal of registration of HTM is purely speculative and manifests that the Minster is just fearing his own shadow! So, does a wise person refuse to register to Hizb ut Tahrir in Malaysia on speculative consideration that contradict reality!?
Dear Mr. Minister! We want to ask you, why are you referring to the fatwa of the State of Selangor which is full of defamation, lies, distortions and confusion on Hizb ut Tahrir in making your decision? Why did you not carry out the process of tabayyun (verification) by coming to us on this matter? Has Allah not ordered all Muslims to do it?
يَا أَيُّهَا الَّذِينَ آمَنُوا إِنْ جَاءَكُمْ فَاسِقٌ بِنَبَإٍ فَتَبَيَّنُوا أَنْ تُصِيبُوا قَوْمًا بِجَهَالَةٍ فَتُصْبِحُوا عَلَى مَا فَعَلْتُمْ نَادِمِينَ
“O you who have believed, if there comes to you a disobedient one with information, verify it, lest you harm a people out of ignorance and become, over what you have done, regretful.”
O Home Minister! You always represent yourself with the image of Islam, but do you just want to keep representing the “image of Islam” only, without “practicing” the teachings of Islam? Do manifest that you are really a minister who adheres to the teachings of Islam, in tandem to the image that you portray. Come to us or invite us, so that we can first hold a discussion on which “beliefs and teachings of Hizb ut Tahrir” has deviated from Ahli Sunnah Wal Jamaah, then you can make your decision. This would be the best course of action that you should undertake and not to just listen to one-sided information (defamation) and make your decision without tabayyun!
Dear Mr. Minister! We also want to ask why are you practicing double standards in your decision? Why is it that other parties such as Parti Pribumi Bersatu Malaysia (Bersatu), Parti Amanah Negara (Amanah) and Parti Ikatan Bangsa Malaysia (Ikatan) can be registered very easily? Even Parti Sosialis Malaysia (PSM), whose ideology (socialism) is disagreed by the government could be registered! Why then, an Islamic party, Hizb ut Tahrir Malaysia, is denied registration up to four times? Nevertheless, we are pleased to remind you that the da’wah of Hizb ut Tahrir to resume the Islamic way of life by re-establishing the Righteous Caliphate upon the method of the Prophethood is not dependent on the success or failure of our registration. Our failure in the court’s case does not mean that we are wrong. Likewise, the Minister’s victory does not, in any way mean that the Minster is right. Indeed, wrong and right is only measured by Al-Quran and Al-Sunnah, not by the court’s decision. Is he considered a victor when he goes against Al-Quran and Al-Sunnah!?
We wish to stress that the court’s dismissal of our judicial review shall not at all have any impact on the da’wah of Hizb ut Tahrir. Our da’wah shall, Insha Allah continue as usual and shall even be accelerated. This decision further inspires us and strengthen our determination and conviction that the existing secular system in Malaysia has to be immediately replaced by the Islamic system, which is the only system that brings justice to all parties. Da’wah is no doubt an obligation, similar to the obligation of prayers and fasting. We do not need permission from man to carry out this obligation, because the permission (in fact an order) to do da’wah, fasting and prayers come from Allah (swt). We are convinced that when the hindrances of this da’wah intensify, the victory is nigh. Fortunate indeed to those who work in this da’wah and woe to those who prevent this endeavour. And Allah knows best.
Abdul Hakim Othman
Spokesperson of Hizb ut Tahrir in Malaysia
Wednesday, 12th Ramadan 1438 AH