Central Asia, Featured, News Watch, Side Feature

The Tradition of Tyrants is to Change the Country’s Constitution

On May 5, the president of Kazakhstan, K. Tokayev, announced on the President’s website that a republican referendum would be held on June 5, 2022. The statement reads: “In accordance with paragraph 1 of Article 91 of the Constitution of the Republic of Kazakhstan and Article 18 of the Constitutional Law of the Republic of Kazakhstan “On the Republican Referendum”, I DECIDE: 1. To hold a republican referendum on June 5, 2022” – and so on.

Every time the head of the state changes in our countries, in particular the presidents of the Central Asian republics, each of them is in a hurry to adjust the laws for themselves, knowing that they commit crimes, they try to protect themselves from criminal prosecution in the future if they lose the post of the head of the state. The first president of Kazakhstan, N. Nazarbayev, did the same, called himself the leader of the nation, arranged for himself the laws on immunity and prohibition from criminal liability.

Today, the heads of all states of the world are guided by the laws invented by a man himself. These laws create contradictions and inevitably lead to the suffering of the people who live by these laws. An example of this is the ability of those in power to change not only minor laws, but even the constitution of the country. So tyrant rulers go unpunished for stealing the people’s property, for serving the interests of the colonialists, for oppressing their people, and much more. The people in power simply become the law themselves. And it turns out that the one who is in power is always right, and only the one who is higher and stronger than him can challenge him. And we see the manifestation of the viciousness of these laws at different levels of government from the president to the local policeman.

This happens for one reason, because we do not live according to the Shariah law. If we look at the reign of the Prophet Muhammad (saw) and the reign of the righteous Khulafaa’ (caliphs) who followed the Sunnah of our beloved Prophet (saw), we will see that the rule was based on immutable laws from Allah Almighty, and no one dared to violate or change these laws. Allah Almighty said in His Noble Book:

(إِنِ الْحُكْمُ إِلاَّ لِلّهِ)

“It is only Allah Who decides” [12:40].

For more than 13 centuries, Muslims lived according to the laws of Allah, without using other laws invented by a man, until the very destruction of the Khilafah (Caliphate). The rule of the law in Islam belongs to the Shariah, and the power belongs to the people.

Studying the biography of the Prophet Muhammad (saw), we find many brilliant examples of how the laws of Islam were equally applied to the rich and the poor, and everyone was equal before the law. For example, it is narrated from Aisha (ra) that when one influential woman from the Makhzum clan stole, some Muslims petitioned the Prophet (saw) not to punish this woman, because of her high position. To which the Prophet (saw) said:

«إِنَّمَا أَهْلَكَ الَّذِينَ قَبْلَكُمْ أَنَّهُمْ كَانُوا إِذَا سَرَقَ فِيهِمْ الشَّرِيفُ تَرَكُوهُ وَإِذَا سَرَقَ فِيهِمْ الضَّعِيفُ أَقَامُوا عَلَيْهِ الْحَدَّ وَايْمُ اللَّهِ لَوْ أَنَّ فَاطِمَةَ بِنْتَ مُحَمَّدٍ سَرَقَتْ لَقَطَعْتُ يَدَهَا»

“The people before you were destroyed because they used to inflict the legal punishments on the poor and forgive the rich. By Him in Whose Hand my soul is! If Fatima (the daughter of the Prophet (saw)) did that (i.e. stole), I would cut off her hand.” (Bukhari; Muslim).

Or the speech of Abu Bakr (ra) after he was chosen as the Khaleefah (caliph), he addressed people with a speech and in particular said: “… The weak among you will be strong for me until I achieve the observance of his rights, and the strong among you will be weak for me I will not force him to observe the rights of others, if it is the will of Allah …”

Muslims! As long as we are ruled by tyrants, changing and adjusting the laws for themselves, in fact the same laws invented by the previous tyrant, we will suffer from their crimes and the contradictions of the laws themselves. The only correct decision is the decision of Allah, ruling on the basis of the Shariah law. Hurry to revive the Second Righteous State of the Khilafah (Caliphate) by the method of Prophethood. And may Allah help us.

Eldar Khamzin
Member of the Central Media Office of Hizb ut Tahrir