The Sharee’ah of your Lord is your constitution, so do not exchange good for bad
Then is it the judgement of the days of ignorance they desire? But who is better than Allah in judgement for a people who are certain in faith
O Our People in Tunis: you are Muslims, and a part of the Ummah of Islam, the most Noble Ummah on Earth. You have endured severe oppression, due to your distance from Islam, and due to the dominance of the Western thoughts, systems and agents over you.
After the plots of the Kafir Colonialist West became exposed, you realised the corruption of their thoughts and systems. The ugly reality of America and Europe was revealed; the reality of shedding blood, enslaving the peoples of the Earth, vile hatred and deep-rooted enmity towards Islam and the Muslims, drawing catastrophe and calamities on the Muslims and their lands, along with destruction and decades-long support for dictators.
Also, the corruption of the narrow, nationalistic calls, and the incoherence of the destructive and low-level patriotic projects became exposed, as well as the extent of their danger to you and your land which is part of the Islamic Ummah.
The time has now come for you to return to your Islam, for it is the solution to your problems, and your hope for rescue, which will save you from oppression. The time has now come for you to recognise that the Islamic ‘Aqeedah is a political ‘aqeedah, and that the Qur’an and the Sunnah contain a complete system for life, State and society, and that they have a political and legislative character. Based on that, it would only be natural that you should sense the need for change, and build your society on the firm foundations of Islam; and since you believe in the Qur’an and Sunnah, that you would make them the covenant between you, and take them as the only source for the constitution and laws, leaving all sources other than them. We will continue to present to you a draft constitution extracted from the Book of Allah and the Sunnah of His Messenger (sall Allahu alaihi wa sallam), so it may be discussed, and that it should be put into implementation. Today we present to you the most important foundations of the ruling system in Islam.
The ruling system in Islam is a unique system and distinct from all other systems in the world. It is a system whose basis is the Iman that there is none worthy of worship but Allah, and that Muhammad is the Messenger of Allah, and its framework is the Ahkam (laws) extracted from the Qur’an and Sunnah.
The draft constitution which we put forward contains the basic pillars of ruling in Islam, all of which must be present for an authority to be Islamic; and they are principles extracted after comprehensive examination of the Islamic rules:
“Article 22: The ruling system is founded upon four principles. They are:
1. Sovereignty belongs to the Sharee’ah and not to the people;
2. Authority belongs to the Ummah;
3. The appointment of one Khaleefah is an obligation upon all Muslims;
4. Only the Khaleefah has the right to adopt the Shari’ah laws”
In the Islamic State, Allah subhana wa ta’ala is the only One who have sovereignty, and to Him Alone does the right to order and forbid belong:
Verily, to Him (belong) the creation and the Command. Supremely Blessed be Allah, The Lord of the worlds [sourat ul-A’raf, v54]
Allah is the One who created us, gave us the best form and favoured us with uncountable blessings. He placed the land under our authority and firmly established us in it, completing His favour upon us.
It is Allah who made for you the earth a place of settlement and the sky a ceiling and formed you and perfected your forms and provided you with good things. That is Allah , your Lord; blessed then is Allah , Lord of the worlds [sourat ul-Ghafir, v64]
Do you not see that Allah has made subject to you whatever is in the heavens and whatever is in the earth and amply bestowed upon you His favors, outwardly and inwardly? But among men is he who disputes about Allah without knowledge or guidance or an enlightening Book [sourat Luqman, v20]
Indeed the completion of His favour upon His servants is that He sent Muhammad (sall Allahu alaihi wa sallam) to us, as a guide, and a bearer of glad tidings, with a sharee’ah that would protect us from the turmoil of our desires, and from the strong overpowering the weak. Allah ta’ala says:
Today I have completed your religion for you, and I have perfected My favour on you, and I am satisfied with Islam as a religion for you [sourat ul-Ma’idah, v3]
Among His blessings upon is that He made legislation His right along, so it is not permitted for the Muslim, whether ruler or ruled, to proceed according to his desires, or that he subject himself to another creation. Rather he is directed according to the commands and prohibitions of Allah. As Allah says:
But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in full submission [sourat un-Nisa, v65]
In the Islamic State, the individuals and the community submit to the rules of Allah, their Creator and the Organiser of their affairs. Neither the Ummah or the Khaleefah possess the right to make legislation, the only Legislator is Allah subhanahu wa ta’ala. This is a truth confirmed by the definite evidences (adillah), and only this will ensure that the strong do not enslave the weak, for only the Sharee’ah puts all people on the same level. By distancing the legislative process from man’s desires, Islam guarantees for us that the people will not enslave one another; instead all will be subject to the Sharee’ah of Allah and the Revelation (wahy) He revealed to our Prophet Muhammad (sall Allahu alaihi wa sallam).
Allah has enjoined the implementation of His Sharee’ah on all Muslims, thus entrusting the Ummah with the authority to implement, not to legislate. Islam has explained the mechanisms of implementation, and obliged the Muslims to choose one from among them to rule them with the Sharee’ah of Allah.
The Khaleefah is deputised by the Ummah with authority for the enactment of the divine law.”
Khilafah is a contract of nomination and acceptance. No-one is obliged to accept it and no-one is obliged to nominate a particular person for it.”
Every mature male and female Muslim, who is sane, has the right to participate in the election of the Khaleefah and in giving him the pledge (bay’ah). Non-Muslims have no right in this regard.”
The Khaleefah is not a king who inherits power from his father, nor is he given extra privileges over the people; nor is he considered a mere symbol of the people, or a source of laws. He is rather an individual from among the Muslims, and whoever fulfils the Sharee’ah conditions can be nominated as a candidate for the people to elect.
There are seven conditions required in the Khaleefah so that the Khilafah may be contracted to him. He must be a male, Muslim, free, mature, sane, ‘adl (trustworthy) and capable (competent for the post).”
The Khaleefah is not a usurping dictator who rules the people according to his own desires by subjection and force.
None can become Khaleefah without being appointed by the Muslims. None can hold the powers of the Khilafah unless they were contracted to him according to the Sharee’ah, as is the case with any contract in Islam.
The Khaleefah is restricted in what he adopts by the Sharee’ah rules. He is prohibited from adopting any rule that is not soundly extracted from the Sharee’ah texts. He is restricted to the rules he has adopted and to the method for deduction that he has chosen. Accordingly, he is prevented from adopting a rule deduced by a method that contradicts the method he has adopted, and he must not enact any command that contradicts the rules he has adopted.
Whenever the Muslims give the bay’ah (pledge of allegiance) to a Khaleefah to rule them according to the Sharee’ah of their Lord, they are obliged to obey him and comply with his instructions. This obligation to obey does not mean that they remain silent regarding oppression and taking of rights. Rather, Allah subhanahu wa ta’ala has made accounting the ruler an obligation, and gave them a binding mandatory instruction to change the rulers, if they consumed the citizens’ rights, or neglected their obligations towards the citizens, or ignored their issues. Rasoul Allah (sall Allahu alaihi wa sallam) counted this as among the greatest forms of struggle saying,
«أفضل الجهاد كلمة حقّ عند سلطان جائر »
“The best Jihad is a word of truth to a tyrant ruler”
He warned them of Allah’s wrath if they remained silent about the truth,
« وَالَّذِي نَفْسِي بِيَدِهِ لَتَأْمُرُنَّ بِالمَعْرُوفِ وَلَتَنْهَوُنَّ عَنِ المُنْكَرِ أَوْ لَيُوشِكَنَّ اللَّهُ أَنْ يَبْعَثَ عَلَيْكُمْ عِقَابًا مِنْهُ ثُمَّ تَدْعُونَهُ فَلَا يُسْتَجَابُ لَكُمْ »
By Him in whose Hand my soul rests, you must enjoin the Good, and forbid the Evil, or Allah will imminently send punishment on you, then you will turn to Him in du’a and it will not be answered.”
The right of obedience to the ruler is cancelled if he makes an order which contradicts the Sharee’ah.
Rasoul Allah (sall Allahu alaihi wa sallam) said,
« السَّمْعُ وَالطَّاعَةُ عَلَى المَرْءِ المُسْلِمِ فِيمَا أَحَبَّ وَكَرِهَ مَا لَمْ يُؤْمَرْ بِمَعْصِيَةٍ، فَإِنْ أُمِرَ بِمَعْصِيَةٍ فَلَا سَمْعَ عَلَيْهِ وَلَا طَاعَةَ »
Hearing and obeying is obliged on the Muslim in what he likes and dislikes, as long as he is not commanded to do ma’siyah (disobedience to Allah), for then there is no hearing or obeying.
In this manner Islam has made the Ummah a guardian of the ruler’s compliance with his responsibilities. Islam obliged them to reject his deeds (when incorrect), and established practical mechanisms for, so accountability is not merely symbolic:
Firstly: the Majlis ush-Shoura, or Majlis ul-Ummah, which has the right to account all of the rulers’ actions and practices.
Calling upon the rulers to account for their actions is both a right for the Muslims and a fard kifayah (collective duty) upon them. Non-Muslim subjects have the right to make known their complaints about the ruler’s injustice and misapplication of the Islamic rules upon them.
Secondly: political parties based on the Islamic ‘aqeedah. Their task is to call to the Khair (good), enjoin the Ma’roof (right) and forbid the Munkar (wrong).
Muslims are entitled to establish political parties to question the ruler and to access the positions of ruling through the nation (Ummah) on condition that the parties are based on the creed of Islam and their adopted rules are AHkam Shari’ah; the establishment of such a party does not require a license by the State. Any party not established on the basis of Islam is prohibited.
Thirdly: the Muslims in general. As a consequence of Allah obliging them all to speak the truth, pursue accountability and convey criticism through means such as: speeches, forums, lectures, Friday khutbas, newspapers, magazines, radio, television programmes, tapes, leaflets and other means.
Fourthly: the Mahkamat ul-Madhalim (Court of Unjust Acts). This court has the power to issue an order removing the Khaleefah, if he ceases to implement the Sharee’ah or implements other than the Sharee’ah. His removal becomes obligatory when the Mahkamah issues that verdict, at which point he is considered to be removed from power, and no longer considered as a ruler. If he does not submit to the court’s judgment he will be in rebellion against Allah’s rule, and the Muslims will be obliged to remove him directly, and their pledge of allegiance is considered void.
Allah has restricted the right to legislate to Himself alone, so as you acknowledge Him only as your Creator, make Him the only Legislator. He obliged following the commands which emanate from your ‘aqeedah, so that you make Islam sovereign among yourselves, and He prohibited referring to any laws or rules that do not emanate from the Islamic ‘aqeedah via a sound process of ijtihad.
Allah ta’ala says:
Have you not seen those who claim to have believed in what was revealed to you, [O Muhammad], and what was revealed before you? They wish to refer legislation to Taghut, while they were commanded to reject it; and Satan wishes to lead them far astray. And when it is said to them, “Come to what Allah has revealed and to the Messenger,” you see the hypocrites turning away from you in aversion.
For all of the reasons outlined above, we Hizb ut-Tahrir call upon you to work with us to resume the implementation of Islam in the Second Khilafah Rashidah, which Rasoul Allah (sall Allahu alaihi wa sallam) promised, so that we can unify the Ummah again in this future State so that she may be stronger and honoured.
18 Shawwal 1432
16 September 2011