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.

So, despite the amendments that have been made to the Constitution of 2012, the first article for example, remained unchanged apart from some rephrasing only, but the context of the article is one; that is Egypt is a state with a democratic republican system. We know that the appointed 50 members of the committee were unconcerned with searching for a system of governance that is in line with the doctrine of the people of Kanana, namely Islam, but they were not only indifferent, rather they searched and excavated in the constitution, which was set by the Muslim Brotherhood who beautified it with some “Islamic frills”, that are useless and do not make their constitution an Islamic constitution in any way. The amendment committee divested the constitution of these frills, so as to divest it the fig leaf that some who are affiliated to the Islamic movement wanted it to be, the days when they were in the 100-member committee and came up at that time with a constitution that is not much different from the 1971 Constitution.

We at Hizb ut Tahrir show Muslims in Egypt and in all Muslim countries the form of governance in Islam, so that everyone – whether the current fifty or the former one hundred committees or those who stand behind them – can perceive that the republican democratic system that they stressed on it in their first article is not the system of governance in Islam that Allah the Lord of the Worlds chose for this Ummah to have.

Thus the ruling system in Islam is the Khilafah system; which is defined by the divine law as the general presidency of all Muslims in the world to implement the Islamic law, and carrying the Islamic call (da’wah) to the world. This is the form of governance that have been proscribed by the legislative (sharia’h) rules for the Islamic state, as established by the Messenger of Allah صلى الله عليه وسلم in Medina, and also followed by the noble Companions after him. This opinion was deduced from evidences derived from Quran and Sunnah and the consensus of the Companions. No one in the entire Ummah has disagreed with this except those who grew on the culture of the Kufr colonizers who destroyed the Khilafah State and tore apart the Muslim land.

Hence we say that the ruling system in Islam is not democratic or republic; for the democratic republic system is a man-made system founded on the separation of religion from life and the sovereignty in it is for the people. Therefore, the people have the right to rule and the right of legislate, they own the right to bring the ruler, and the right of dismissal, and have the right of legislating the constitution and laws. In other words, they have the right to prohibit and to permit. While the ruling system of Islam is based on the Islamic Aqeedah, and the Shariah rules that emanate from it. Sovereignty in Islam lies with the Shar’a – not with the people. The Ummah does not, nor the Khaleefah, have the right to legislate. The legislator is being Allah alone. However, Islam has made the authority (Sultan) belong to the Ummah, giving it the right to select the ruler. So that people elect the ruler they want to rule them by Islam and give him the pledge (bayah). The Khaleefah continues as a Khaleefah, for as long as he abides by the Shari’a, applying the rules of Islam, regardless of his duration in the Khilafah. Whoever, if he fails to implement the laws of Islam he ceases to become a Khaleefah, even if it was a day or a month after his appointment, and he must be dismissed. From all of this one can see that there is a major contradiction between the two systems in regards to the form and the basis from which they come from. Hence, it is not permissible at all to say that the system of Islam is a republican system, or that it recognizes democracy.

The point is that the ruling system in Islam is the Khilafah system. There is a unanimous agreement in the Ummah on the unity of the Khilafah, and the unity of the state, and the prohibition of giving Allegiance except for one Khaleefah. This has been agreed upon amongst the imams, mujtahids and other scholars.

O Muslims in the land of Egypt al-Kinanah !

Who is more worthy than you to achieve this great goal, that the sacrifices are underestimated in the process?! Who deserves this divine gift more than you, the gift that puts an end to all the tragedies and problems?! We in Hizb ut Tahrir have put between your hands a clear visualization of the ruling system in Islam, which was ruled by the leaders of guidance, our masters: Abu Bakr, Omar, Uthman and Ali may Allah be pleased with them all. We explained its structure and the details of its administration, and presented to the Ummah a full constitution of the coming, Allah willing, Khilafah state. Each article in it is derived from the Book of Allah and the Sunnah of His Messenger صلى الله عليه وسلم, the consensus of the companions (ijmaa as-sahabah) and analogy (qiyyas). The evidence collected for each subject was explained in the introduction of this Constitution.

Thus, after this remedial press release, your duty is to adhere to the commands of your Lord, in whose Hands Alone is your victory and glory. So do not accept any system presented to you, if its contents are democracy and ruling with a system other than Islam. Even if the surface has been artificially beautified by men; rather the resemblance of men whether they be fifty or even reaching one hundred, do not accept the dazzling slogans brought to you even if they are polished with the mention of Islam.

وَأَنِ احْكُمْ بَيْنَهُمْ بِمَا أَنْزَلَ اللَّهُ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ وَاحْذَرْهُمْ أَنْ يَفْتِنُوكَ عَنْ بَعْضِ مَا أَنْزَلَ اللَّهُ إِلَيْكَ ۖ فَإِنْ تَوَلَّوْا فَاعْلَمْ أَنَّمَا يُرِيدُ اللَّهُ أَنْ يُصِيبَهُمْ بِبَعْضِ ذُنُوبِهِمْ ۗ وَإِنَّ كَثِيرًا مِنَ النَّاسِ لَفَاسِقُونَ أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ ۚ وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْمًا لِقَوْمٍ يُوقِنُونَ

“Judge between them by what Allah has sent down and do not follow their whims and desires. And beware of them lest they lure you away from some of what Allah has sent down to you. If they turn their backs, then know that Allah wants to afflict them with some of their wrong actions. Many of mankind are deviators. Do they then seek the judgement of the Time of Ignorance? Who could be better at giving judgement than Allah for people with certainty?”

(Al-Ma’ida: 49-50)

Sharif Zayed

Head of the Media Office of Hizb ut Tahrir in Wilayah of Egypt

Saturday, 20th Muharram 1435 AH

23/11/2013 CE

No: PR 30/13