Hanafi Ulema on Khilafah and its Fiqh

Ulama of the Hanafi madhhab, like those of the other madhahib, emphasised the role and importance of the Khilafah throughout the ages. In many respects, they had more to say about issues of ruling and governance than other ulama since many khulafa – the Abbasids and Uthmanis in particular – adopted the Hanafi madhhab and sought advice and rulings from the Hanafi ulama of their times. For example, the Abbasid Khalifah Harun al-Rashid wrote to Abu Yusuf (rh), the student and companion of Abu Hanifa (rh), asking him questions about how to manage the finances of the state. Abu Yusuf wrote back with his famous and excellent treatise entitled al-Kharajdetailing many of the Shari’ah rules regarding state finances.

In this article we have a look at some of what the Hanafi ulama said about the Khilafah, noting that this should be of particular interest to the ulama, students of shar’i knowledge and activists of Pakistan, who predominantly follow the Hanafi madhhab.

Imam al-Nasafi (d. 537 AH) highlights the importance of the Khilafah in his famous treatise on aqa’id (creed) entitled Aqa’id al-Nasafiyya (p. 354):

والمسلمون لا بد لهم من إمام يقوم بتنفيذ أحكامهم وإقامة حدودهم وسد ثغورهم وتجهيز جيوشهم وأخذ صدقاتهم وقهر المتغلبة والمتلصصة وقطاع الطريق وإقامة الجمع والأعياد وقطع المنازعات الواقعة بين العباد وقبول الشهادات القائمة على الحقوق وتزويج الصغار والصغائر الذين لا أولياء لهم وقسمة الغنائم 

“The Muslims must have an Imam, who carries out the implementation of their ahkam, the maintaining of their hudud, the guarding of their frontiers, the equipping of their armies, the receiving of their alms [zakat], the subjugation of those who rebel, thieves and highway robbers, the establishment of jumu’a and the two ‘Eids, the settlement of disputes which take place amongst people, the receiving of evidence based on legal rights, the facilitation of the marriage of the young men and women who have no guardians, and the distribution of the booty.”

He emphasises here how important the Khilafah (Caliphate) is in Islam, showing that so many of the fundamental Islamic obligations depend on it and cannot be fulfilled properly without it.

In commenting on this statement of Nasafi (rh), Imam Sa’d al-Din al-Taftazani (rh)- a Shafi’i scholar but one who wrote the most renowned commentary on Aqa’id al-Nasafiyya and also a prolific author of brilliant works widely studied in the madaris of Pakistan, such as his Mukhtasar al-Ma’ani in balagha – says,

ثم الإجماع على أن نصب الإمام واجب وإنما الخلاف في أنه هل يجب على الله تعالى أو على الخلق بدليل سمعي أو عقلي. والمذهب أنه يجب على الخلق سمعاً، لقوله عليه السلام: ((من مات ولم يعرف إمام زمانه مات ميتة جاهلية)) ولأن الأمة قد جعلوا أهم المهمات بعد وفاة النبي عليه السلام نصب الإمام حتى قدموه على الدفن، وكذا بعد موت كل إمام، ولأن كثيراً من الواجبات الشرعية يتوقف عليه 

“There is (scholarly) consensus on the appointment of an imam being obligatory. The difference of opinion is only on the question of whether the obligation is on Allah or man, and whether is it by textual or rational evidence. The correct position is that it is obligatory upon man by the text, due to his saying (saw), ‘Whosoever dies not knowing the Imam of his time dies the death of jahilliyah’, and because the Ummah (the companions) made the appointing of the Imam the most concerning of important matters after the death of the Prophet (saw) to the extent that they gave it priority over the burial; similarly after the death of every imam, and also because many of the other shari’a obligations depend upon it.” (Sharh al- Aqa’id al-Nasafiyyah, p.353-354)

Imam al-Taftazani (rh) mentions a number of important points here. First, he notes that there is ijma’ of the ulama that the Khilafah is an obligation on the Ummah. As for the difference he alludes to, he is referring to the disagreement of the Shi’a, who held that it was obligatory but on Allah (based on their belief that Allah appoints the imams) and the Mu’tazila, who held that it was an obligation based on the mind (based on their usul in which the mind can establish certain obligations). However, he notes the correct position held by all the scholars of the four madhhabs that it is an obligation on man based on the text.

Second, he cites one narration of the hadith in Sahih Muslim in the chapter of Imamah (governance) whereby the noble Prophet (saw) said,

«مَنْ مَاتَ وَلَيْسَ فِي عُنُقِهِ بَيْعَةٌ مَاتَ مِيتَةً جَاهِلِيَّةً» 

“Whosoever dies without having a pledge of allegiance (to a Khalifah) on his neck, dies a death of Jahilliyah.”Dying a death of jahilliyah here denotes prohibition, as noted by Ibn Hajr in Fath al-Bari.

Third, he mentions the well-known fact that the noble Sahaba considered the Khilafah of such utmost importance that they delayed the burial of the noble Prophet (saw) for it, giving it priority. Fourth, he explains its importance above other obligations in that it is not just an obligation but one on which other obligations (such as the ones mentioned by Nasafi (rh)) depend, therefore of the highest priority.

It is also relevant to note here that all this discussion about the Khilafah is taking place in a book on Aqeedah, even though the Khilafah is a matter of fiqh, not belief per se. This is because the Khilafah was a matter on which certain Islamic madhabs with wrong beliefs held wrong positions. Therefore the matter entered debates that had their origin in creedal matters, and since it was a matter of great importance in Islam, scholars discussed it in books of Aqeedah.

This is also why many scholars referred to it as the Imamah, since this was the popular term used in debates with some of these madhhabs, like the Shi’a. It should be noted, however, that Imamah and Khilafah are synonymous terms, both referring to the political leadership of all Muslims entrusted with the duty of implementing Islam. Imam and Khalifah are also synonymous, referring to the person in whom this leadership is manifest, or in modern parlance, the head of state in the Khilafah. The noble Prophet (saw) also used both words in when speaking about the matter. For example, in the hadith of Muslim which underscores the importance of the Khilafah’s unity he (saw) said,

«إِذَا بُويِعَ لِخَلِيفَتَيْنِ فَاقْتُلُوا الآخَرَ مِنْهُمَا»‏ 

“If the pledge of allegiance is given to two Khalifah’s, kill the latter of them,”while in the hadith of the Khalifah being a shield, also in Muslim, he (saw) said,

«إِنَّمَا الْإِمَامُ جُنَّةٌ يُقَاتَلُ مِنْ وَرَائِهِ وَيُتَّقَى بِهِ»

“Indeed, the Imam is a shield…”.

Shah Waliullah al-Dehlawi (d. 1152 AH), a renowned authority in the subcontinent also emphasises the fard of Khilafah, "اعلم أنه يجب أن يكون في جماعة المسلمين خليفة لمصالح لا تتم إلا بوجوده " “Know that it is obligatory for there to be in the jama’a of the Muslims a khalifah for interests that simply cannot be fulfilled except with his presence...” (Hujjat Allahi al-Baligha, 2:229)

Of course, the issue is also mentioned in many books of Hanafi fiqh. One of these is the magnum opus of the great Shami scholar of the 12 century Hijri, Muhammad Amin Ibn Abidin (d. 1252 AH) of Damascus, who is perhaps the most renowned of the latter Hanafi fuqaha, particularly in the Subcontinent. He is known as the final verifier (khatimat al-muhaqqiqin) of the Hanafi madhhab. His work, Radd al-Muhtar [Reply to the Perplexed], also known as Hashiyat Ibn Abidin, is taken as the final word on most issues in Hanafi madhhab. It is an elaborate commentary on the excellent treatise of the erudite Hanafi faqih of the 11 century hijri, Ala’-Din al-Hasaki (d. 1088 AH), Durr al-Mukhtar [The Choice Pearl], which itself is a commentary on the work of al-Turtumashi of Gaza (d. 1004 AH), Tanwir al-Absar [Illumination of the Eyes].   

In Durr al-Mukhtar, Imam al-Haskafi writes (Ibn Abidin’s commentary in brackets),

"فالكبرى استحقاق تصرف عام على الأنام، وتحقيقه في علم الكلام، ونصبه أهم الواجبات (أي من أهمها لتوقف كثير من الواجبات الشرعية عليه)، فلذا قدموه على دفن صاحب المعجزات (فإنه - صلى الله عليه وسلم - توفي يوم الاثنين ودفن يوم الثلاثاء أو ليلة الأربعاء أو يوم الأربعاء ح عن المواهب، وهذه السنة باقية إلى الآن لم يدفن خليفة حتى يولى غيره)" 

“The major imamah (khilafah) is the right of general disposal over the people. Its study is in ‘ilm al-kalam and establishing it is the most important of obligations [it is of the most important obligations because the fulfillment of so many other shari’aobligations depends on it]. For this reason did they (the sahaba) give it priority over the burial of the Prophet (saw) [He (saw) passed away on Monday and was buried on the day of Tuesday or the night of Wednesday or its day (according to the different narrations), and this sunnahremains till this day such that the khalifah is not buried until another is appointed].” Radd al-Muhtar ‘ala al-Durr al-Mukhtar, 1: 548.

Al-Haskafi thus defines the Khilafah as the right of general disposal over the people. By this he means it is the right to manage the affairs of the people and is an absolutely general right, that is, it encompasses all the people in the lands of the Khilafah in all their public affairs. This is as opposed to the particular right of governors and judges, whose right of authority is in over some people in some areas to the exclusion of others.

In commenting on this, Ibn Abidin (rh) cites the definition of Taftazani in Sharh al-Maqasid, where he defines the Khilafah as,

"رياسة عامة في الدين والدنيا خلافة عن النبي" 

“The general leadership in the deen and worldly affairs in succession of the Prophet (saw).”

This latter part of the definition indicates that the Khilafah is a position in succession of the Prophet (saw). This means that the role of the Khilafah is to succeed the Prophet (saw) in implementing the Shari’ah. This is why he is called a Khalifah, which linguistically means successor.

Al-Haskafi then goes on the mention the conditions of the Khalifah, noting those which are agreed upon such as his being Muslim, free, male, sane, baligh, and able and some which are differed upon such as his being from Quraysh, a mujtahid and brave. He also negates some of the conditions claimed by other sects like that he be Hashimi, Alawi or infallible.

More generally with reference to the fiqh of matters of ruling and governance, many Hanafi works have been written dealing with the subject matter from various angles, starting with the Kitab al-Kharaj of Abu Yusuf (d. 162) and al-Siyar al-Saghir and al-Siyar al-Kabeerof Imam Muhammad ibn al-Hasan al-Shaybani (d. 189), the two students of Abu Hanifa. Imam al-Sarkhasi (d. 483 AH) then wrote a commentary of al-Siyar al-Kabeer. Many later were also written.

All of this shows the absolute importance attached to the Khilafah by the ulama of the Hanafi madhhab. This should serve as motivation for today’s ulama and students of Shar’i knowledge to pay due attention to this matter and indeed to be at the forefront of working for the re-establishment of the Khilafah (Caliphate) upon the method of the Prophethood.

Growing anti-Muslim Prejudice Result of Secular Liberal Ideology and Politics

An Essential Research poll released yesterday found 49% of Australians support a ban on Muslim immigration primarily due to “fears of terrorism” and the belief that Muslims don’t share “Australian values” or integrate. Whatever the accuracy of this particular poll, there is little doubt that anti-Muslim sentiment is growing throughout the West.

Hizb ut Tahrir Australia emphasises the following in this regard:

1.   The hardening of anti-Muslim sentiment is alarming but hardly surprising. It is the obvious and expected result of a 15 year politically motivated campaign to encourage hatred and suspicion of Islam and Muslims. A campaign instigated by mainstream politicians and dutifully carried by the mainstream media. A campaign that used terrorism as the excuse to implant the false idea that Islamic beliefs were the cause of violence, so Islam itself was the suspect and needed reform. For fifteen years straight all things Islam have been abused as a political football by politicians and demonised in the media. For fifteen years straight Islam and Muslims have been viewed squarely through the prism of national security, terrorism, values and integration. What other result can we possibly expect?

2.   The irony is that in the last decade and a half two Muslim countries were invaded and destroyed by western powers, the Arab uprisings exploited for western benefit to devastating effect as in Syria, dictators were propped up and supported in the Muslim world, all sorts of abuses committed in the like of Abu Ghraib and Guantanamo Bay, yet somehow those who have been the worse victims are now considered the problem. Indeed, those who lost everything and were forced to seek refuge elsewhere are seen as most suspect. This is the logic of blind prejudice fostered by narrow political agendas.

3.   While the far right has become the face of this open prejudice, to focus critique on it would be to miss the mark. It is the mainstream of politics that created the social and political environment that fosters suspicion and hate of Islam, which those on the “fringe” exploit. The path for the open prejudice of the likes of Pauline Hanson is paved by the agendas and policies of the likes of John Howard, Kevin Rudd, Julia Gillard, Tony Abbot and Malcolm Turnbull. The latter scapegoat the former – recent comments at the UN by President Obama and PM Turnbull on refugees being a case in point – while it is their policies that are the core of the problem. That is where our critique must be focused.

4.   What we have here, ultimately, is the remarkable failure of the secular liberal paradigm and its resultant politics. An ideology which encourages selfishness and individualism, the relegation of the spiritual, the primacy of the material, the commericalisation of everything, and the division of humanity into arbitrary “nations”, each motivated by its own narrow “national interest”. The result is a world of powerful nations exploiting weaker nations by whatever means they can, in each of which the elite classes exploit the masses by whatever means they can. The prevailing political systems, thoroughly corrupted by the influence of corporations, have no solutions to real human problems faced by the masses, in whom the lowly sentiment of nationalism and patriotism is always latent. The result of scapegoating one minority or another is predictable.

5.   In this context, Muslims have a formidable challenge. We must not only face increasingly hate and prejudice with the nobility that Islam demands but we must do so while on the front foot. Going insular and defensive is not an option for us, for such is entirely out of sync with the noble prophetic way. We must be on the front foot, critiquing the mainstream ideology and system and showing how Islam alone, far from being the problem, is the need of the time. We must move beyond the narrow politics of self-image and compromise to a politics of truth, resistance of oppression and leadership of humanity.

Media Office of Hizb ut Tahrir in Australia

MUHARRAM- REFLECT, RESOLVE AND RECLAIM

MUHARRAM-  REFLECT, RESOLVE AND RECLAIM

by Sister Jasmine Khan

 

Muharram is one of the sacred months of the Islamic year. Muharram is the month with which we begin our lunar calendar. It commemorates the Hijrah undertaken by our beloved The Beloved Messenger of Allah (peace be upon him) to Madina, where he was welcomed with sanctuary. It is one of the four sanctified months about which the Holy Quran says:

 "The number of the months according to Allah is twelve (mentioned) in the Book of Allah on the day He created heavens and the earth. Among these (twelve months) there are four sanctified."(Qur'an:Surah 9, Verse 36)

 

These four months, according to the authentic traditions, are Dhul-Qa'dah, Dhul-Hijjah, Muharram and Rajab. All the commentators of the Holy Quran are unanimous on this point, because The Beloved Messenger of Allah (peace be upon him) in his last sermon, declared: "One year consists of twelve months, of which four are sanctified months, three of them are in sequence; Dhul-Qa'dah, Dhul-Hijjah, Muharram, and the fourth is Rajab." 

 

 It is derived from the word 'haraam' which means forbidden. What is forbidden during this month is fighting. We are not heads of countries that wage war on others, but we have our own battle fields in our homes, families, workplace and even our neighbourhoods.

 

Most of us live at such a frenetic pace that when we get home from work we are tired and stressed. This is the time when impatience and intolerance flares up and we fight with our partner or our children. A good thing to do is to remember who they are and what they mean to us.  With consciousness it becomes possible to think before flaring up. The same thing often happens at work as well. When we remember that we are all working to provide a service, even if we never know who benefits from what we do, it could change our attitude.  There are many of us who are not on speaking terms with family members, holding onto grudges, whether real or imagined. We should be aware that we are all different and unique, and that we are all the divine creations of Allah. Being conscious is not enough; we have to be Allah conscious, so that even if we cannot see Allah, be aware that Allah is seeing us. This should make us pause and consider before we act impulsively, or live in enmity.

 

The Beloved Messenger of Allah (peace be upon him) said that on the 10^th day of Muharram we should be more generous to our family: "One who generously spends on his family on the day of Aashora, Allah will increase (his provision) for the whole year." (Hadith:Baihaqi).

 

We do not have to confine such generosity to the tenth day, or for that matter, for the month of Muharram. Nor does generosity have to be limited to monetary spending. We can be more generous with our time; when a child runs to tell you something while you are busy it will make a world of difference to him if you stop to listen. In this way you will be giving time as well as kindness. The child will feel validated and very often will then leave you to continue what you are doing.  Opening up to your family about your thoughts, dreams and hopes, is an excellent method of getting them to share theirs. Knowing the hopes and dreams of your children is invaluable as a means of achieving family cohesion. Another form of generosity you can share with your family is to share with them painful moments, and what you learnt from the experience.  This could lead to them sharing things which had hurt or traumatised them and as a family you can brainstorm what lessons   can be learnt from their experiences.

 

This year Muharram is falling very close to the silly season, and we can very easily get caught up in the hype of the summer break. It is also very difficult to focus as the body clock is winding down after a year of working and this can make us jittery and inclined to go a bit haywire.  This is the time when reflection is very important; we need to think about what we have done and what we plan to do next. Allah speaks several times in the Quran about the need for reflection, particularly in the following lines:

 

"If we had caused this Quran to descend upon a mountain, thou, (O Muhammad) verily hadst seen it humbled, rent asunder by the fear of Allah. Such similitude coin We for mankind that haply they may reflect" (Quran-Surah Hashr: V 21).

 

Come the end of December and everyone makes resolutions, as Muslims we should be making resolutions on a daily basis. The hujaaj are returning now from having performed the fifth pillar of Islam, and as we rush to greet them we could easily forget that this is the last month of our year, that Muharram is mere days away.  Now is the time to engage in reflection, to resolve to make the shift to do better. We know that we are going to be judged by our intentions, so let us try to have only good intentions for the rest of the year, Insha'Allah.

 

The word resolve has a two-fold meaning:  it means to make a resolution or intention to do something, but it also means to solve an issue.  Many of us carry unresolved issues, and these clutter our lives and prevent us from true spiritual connection. It is hard to have closeness to Allah when we harbour grudges against people for real or imagined slights. Forgiveness is the key; it does not excuse the other person's action, but it does set us free. It is also important to forgive ourselves when we feel we have done something we subsequently regret. We are all born pure,natural and innocent; we are born with a Fitrah. Somewhere along the way we have become contaminated by experiences, environment and conditions.  The thing is not to beat yourself up about it, acknowledge what happened and accept it. Now try to do better. Resolve to reclaim your Fitrah, the perfection that Allah created you with. It has not been lost, it has just been overlaid with a lot of things, but it is still there.

 

In the stormy sea of life we have often been tossed around, but with Allah consciousness we can keep our heads above water.

 

"The believer is the ship and the world is the water. As long as the water remains outside the ship, it will sail through it. Once the water enters the ship, it will sink. So navigate through the world, but do not let it enter your heart and sink you into itself"(Imam Al Ghazzali)

 

Use this period to reflect, resolve and reclaim what we were truly meant to be, Insha'Allah.

Algeria Gives Victory to the Arabic Language

(Translated)

Since the Minister of National Education in Algeria Nouria bin Gabrit made statements in the summer of 2015 about the need to integrate colloquial language in schools, Algeria has been bustling in reactions. The most apparent being the popular lists of petition signatories, whose signatories ask for the abolition of the French language in education. Moreover the public response was decisive and sweeping... This conflict has once again resurfaced at the beginning of this school year, when a video went viral of a teacher who was praising and beautifying the Arabic language to her students that made the ministers and secularists fly into a rage and make vows to take tough measures…

Indeed, it is the whimsical Francophone lobby, the isolated, outcast, anomalous, whose decline, degradation and tension are proven everyday... It is the great Algeria which embraces the Ummah’s natural project; the Islamic doctrine and the System from which it emanates. The conviction of the people of Algeria are clearly visible that Islam is sufficient and adequate to establish a society of truth, justice and righteousness, and the only thing that Algeria and the Ummah need is the prestigious Islamic state... the Khilafah state (Caliphate) on the method of Prophethood to finally resolve the cultural and civilizational battle…

We are truly proud of the sweeping reactions of our people in Algeria which have surprised France, as Algeria is always the land of goodness and surprises…

It is a shame on those countries based in the Muslim world not to teach the children of the Ummah the Arabic language, whereas other countries that are weak in almost deserted languages do so… The fact of the matter is that the Arabic language is the language of the Quran that is prosperous both written and spoken, and which its study is considered a form of worship… the many centuries are witness to its ability in absorbing all that is new…

Ridha Bel Hadj

Member of the Central Media Office

Parliamentary Committee Radicalisation Report has Omissions and Contradictions

 We have read the report from the House of Commons Home Affairs Select Committee on ‘radicalisation’ with interest. We note the main media focus is on whether or not Internet companies are doing enough to tackle the spread of terrorism.

 Yet this is not the main flaw in the report – which purports to look at things including the causes of ‘radicalisation’ and the Prevent policy.

 Regarding the report, Taji Mustafa, media representative of Hizb ut Tahrir in Britain said, “The primary problems are its omissions, inconsistencies and contradictions.”

 “a) On radicalisation, the report says: there is no evidence that shows a single path or one single event which draws a young person to the scourge of extremism: every case is different. Yet they did not go on to expose the fallacies in this most basic premise (alongside the absence of definitions of ‘radicalisation’ and ‘extremism’) have underpinned all counter-extremism policy in the UK and Europe. To have realised this and yet not made it clear – and then not denounced all policy that is built upon it is a basic flaw in the report.”

 “There is a lie at the heart of the radicalisation narrative that has been repeated so often that people believe it. It is that ‘the more Islamic you are, the more of a potential threat you are.’ This has become the reason why ‘deradicalisation’ policies have been aimed at making Muslims ‘less Islamic’, and more compliant with liberal norms and government policies.”

 “If ‘radicalisation’ means people becoming agitated and committing acts of violence, it isn’t because of Islam. Anger is an understandable emotional response to sensing the injustice of western government foreign, and (more recently), domestic policies - even though acts of violence against innocent people are an unacceptable response to such emotions. Sadly, these unacceptable ‘acts of terror’ show no signs of decreasing whilst there is no admission that these are blow back from policies generated in London, Washington and Paris.”

 “b) On Prevent, the report calls for a review and rebranding of this ‘toxic’ brand.

Rebranding or reforming the pernicious Prevent policy is like putting lipstick on a pig. Prevent needs to be scrapped.”

 “Whilst some of the witnesses labelled the policy discriminatory, and accused the media of fueling Islamophobia, they failed to point out that political leaders who have driven this policy are the same ones who initiated and have licensed Islamophobia.”

 “They have failed to point out that the UK’s counter-extremism policy in general has nothing to do with counter-terrorism, but that terrorism has become an excuse to implement a securitised policy for forced assimilation. It is more about reforming Islam so Muslims change their views and values, and silencing political views.”

 “This is implicitly recognised in the report which quotes senior police officers who now recognise they are acting as a ‘thought police’ – a role now passed on to schools, universities and health services.”

 “c) The stifling of debate and speech was raised by witnesses from the education sector. However, the effect of this policy has been to silence Muslims from discussing vital issues that others are free to discuss. The result is a dangerous vacuum in the Muslim community that is all too easily filled by internet search engines, who are singled out for criticism. As increasing numbers of prominent Muslims are either too fearful to address these matters, or argue that they aren’t relevant, we see others actively changing their views and adopting a liberal standpoint. They call this a ‘reformation’ whereas it is nothing more than a deformation of Islam.”

 “d) Western policy makers are in a dilemma. Either they accept that many people haven’t been convinced to adopt secular liberal values, and haven’t been duped about their policies towards the Muslim world – or they criminalise thoughts and views. Until now, Prevent and counter-extremism policies have been the latter. They are Britain’s blasphemy laws for those who are ‘apostates’ from the prevailing political norms, where ‘extremist’ has become a secular word for ‘heretic’.”

 “e) Muslims need to realise that, far from being bullied into suppressing their Islam, the solution is more Islam, not less. We are ready for a robust debate about relative beliefs and values. We are ready for open discussion, though some may feel unable in the atmosphere of a witch-hunt.”

 “However, we need fear none but Allah, trusting in Him alone – carrying the message of Islam to those with open hearts and exposing the lies of those who are hostile to Islam and Muslims, and being proud of our global Islamic identity.”

﴿وَمَنْ أَحْسَنُ قَوْلًا مِّمَّن دَعَا إِلَى اللَّهِ وَعَمِلَ صَالِحًا وَقَالَ إِنَّنِي مِنَ الْمُسْلِمِينَ﴾

“And who is better in speech than one who invites to Allah and does righteousness and says, "Indeed, I am of the Muslims."” [Surah Fussilat 41:33]

Media Office of Hizb ut Tahrir

in Britain

The Treasonous Agreement with the Jewish Entity Has Passed in the Parliament!

A bill that would give permission to the agreement between Turkey and the Jewish entity which kind of accepts the massacre of Mavi Marmara has passed last night in the TBMM (Grand National Assembly of Turkey). According to the bill presented to the parliament signed by the AKP (Justice and Development Party) government, the Jewish entity will pay 20 million dollars in reparation to the families of the Muslims murdered six years ago by the Jewish entity in the ship of Mavi Marmara. And the Mavi Marmara cases opened against the Jewish entity will stop. So that the terrorist Jewish entity's soldiers will not be held responsible. After the agreement, the diplomatic relations will be elevated again to the ambassador level.

The AKP governments, like all the past governments of the republic, are following their predecessors in keeping good relations with the murderous Jewish entity. For the Turkish Republic has been the first country, which its people is Muslim, that recognised the Jewish entity as a state in 1949. This demeanour of Turkey has encouraged the maddened Jewish entity and they have increased their attacks on the Palestinian people more with each passing day. Notably only two days after the agreement between Turkey and the Jewish entity, the murderer Jewish entity has bombed Gaza. Statements like "We need Israel" from the leaders of Turkey with the leaders of other Islamic lands has encouraged the usurper Jewish entity even more and has caused it to attack even bolder. For the only reason why these coward Jews have grown this bold is because there are no courageous leaders who are only fearful of Allah.

We remind the architects of this treasonous agreement between Turkey and the Jewish entity, the government and to those politicians who accepted this agreement:

1- This agreement is treason to Islam, the Muslims and to our murdered brothers in the ship of Mavi Marmara. The families, of our murdered brothers in the ship of Mavi Marmara, do not accept this bribe money and this treasonous agreement. So, who exactly are you trying to appeal to by accepting this agreement? Who exactly are you trying to please?

2- With this treasonous agreement your fake "one minute" play has been levelled. Muslims will no more believe that you are opposed against the murderer Jewish entity! Because you have made befriending murderers of Muslims a habit and great honour.

3- A state never forgives those who murder its citizens unjustly. So how is it that you accept to end juristic process against the murderer Jewish entity's soldiers? Why do you decide to give up bringing to account what has been done to the martyrs of Mavi Marmara, which in fact you have been exploiting for years?

4- How can you treat with the most untrustworthy entity on the planet? That does not mean, making agreements with the enemies of Islam and the Muslims, leaving the people of Palestine and Masjid al-Aqsa to the (mercy of the Jews)?

O Leaders! Do not think that the treasons of those who recognised the usurper Jewish entity, collaborated and contented themselves with watching the massacres of the Jews, will be forgotten. Even if the Muslims forget, our Lord will never forget! To the usurper Jews, do not think that your vile actions will be forgotten or that the collaborating regimes will always protect you. The Muslims have carved these tyrannies into their hearts and minds. With Allah's permission when the Khilafah Rashidah according to the method of the Prophethood is established, the Khalif of the Muslims will yank the Jewish entity like a carrot with its root and all, only then will the world be rid of their evil.

Media Office of Hizb ut Tahrir in Wilayah Turkey

Peace Talks while They Commit Horrific Massacres against Muslim Women and Children!!

(Translated)

The Syrian regime aircrafts carried out a new massacre targeting a funeral tent in al-Sukkari neighborhood of Aleppo, which led to the death and injury of more than 26 civilians including women and children. The targeting of the neighborhood came after a day of being targeted with toxic chlorine gas, leading to the injury of nearly 100 people who have suffocated and received first aid in medical points that lacked the necessary equipment and devices.

This is in addition to the successive raids by the crusader alliance warplanes on the neighborhood on Wednesday, which claimed the lives of more than 40 martyrs and wounded 57 people, mostly women and children, and destroyed several residential buildings.

Air raids are still incessantly occurring and the regime’s pounding of the besieged neighborhoods of Aleppo continue despite the unremitting shuttle endeavors especially between America and Russia, to find a political solution to the crisis in Syria, deceiving the world that there are still a small number of issues that need to find a compromise! The Russian Foreign Ministry stated that Foreign Minister Sergei Lavrov and his US counterpart John Kerry discussed last Thursday, “possible cooperation between the two nations to defeat terrorist groups active in Syria”. Meanwhile the parties have not yet reached a mutually acceptable agreement on Syria, as if Russia and America differ on Syria at a time when they are both in agreement of a conspiracy run by America. ﴿قَاتَلَهُمُ اللَّهُ أَنَّى يُؤْفَكُونَ﴾ “May Allah destroy them; how are they deluded?” [Al-Munafiqun: 4]

It has become clear that whenever meetings and talks are resumed between Russia and America and its lackeys, the more strikes are increased, raids are intensified and the death toll raised, especially among children and women. And here is Aleppo after Homs and its neighborhoods, and after Moadamiyat al-Sham and its suburbs, paid a high price for a revolution entitled “Hiya Lillah” (it is for Allah) and revolutionaries who have declared that their leader forever is Sayyidina Muhammad. It is a revolution that has attracted the zealous for their religion and the defenders of their honors, thus they were described as terrorists, and nations in the world allied against them, despite their differences and disputes on their fight. This takes place under the plain sight of the Muslim rulers who open their air spaces to the crusaders’ aircrafts to kill Muslims, and grant dirty political money to buy cheap consciences, in addition to their disgraceful attitudes against the blood of Muslim children and women in Syria.

The blood of Muslims has no worth or value to their rulers. Here Turkey has deafened its ears to the cries of women and the distress of children in Syria and turned a blind eye from their scattered bodies across the country. One of its latest statements came as a remark by the Prime Minister who said, "The government of the Syrian President Bashar al-Assad cannot be ignored in order to find a political solution to the Syrian multilateral conflict"! So we wonder: Did not the news of this massacre and its likes, such as the use of toxic gases and explosive barrels, reach the ears of the rulers of Turkey?! And will the pure blood be an incentive for the issuance of the long-awaited face-offs and bold decision-makings to give victory for the oppressed Muslims?!

Know then O Muslim rulers, that the women and children of Syria are not in need for your relief trucks or your condemnatory statements or your participation in dialogue meetings, for no one can heal their wounds except a guardian who fears Allah over them, supports them, strengthens them and stands against all those who wreaked on their land havoc and desolation.

Muslims in Syria do not accept the peace talks that took place between those who suck their blood, nor political solutions that bring an agent to deputize for another agent, for they are aware of the fact of the Russian role that is in stride with the US stance. That which they are trying to promote to people that America brings of humiliating points imposed by Russia, is only a political maneuver used by America due to its repeated failure to break the resolve of the Muslims in Syria and forcibly subject them to its haughtiness and dictatorship.

The calamities that are successively afflicting the Islamic nation are not confined to our people in Syria, rather all Muslims are living the same oppression and torment due to the spread of injustice and corruption and the absence of the rule of Islam among humanity.

But this injustice will be lifted no matter how long it lasts and how intensive its impact is. And the dawn of justice and fairness will shine soon, by the permission of Allah, especially as we see the Islamic Ummah has begun to wake up and the vitality and conviction streams into it of being one Ummah. And the West came to shudder from the idea of the Khilafah (Caliphate) on the method of the Prophethood and is trying its utmost effort to disrupt it. But they plan, and Allah plans and Allah is the Best of planners.

Women’s Section

in the Central Media Office of Hizb ut Tahrir

Obituary of a Da’wah Carrier | Brother Abdullah Abdul Qadir Basmaji

﴿مِّنَ الْمُؤْمِنِينَ رِجَالٌ صَدَقُوا مَا عَاهَدُوا اللَّـهَ عَلَيْهِ فَمِنْهُم مَّن قَضَىٰ نَحْبَهُ وَمِنْهُم مَّن يَنتَظِرُ وَمَا بَدَّلُوا تَبْدِيلًا﴾

“Among the believers are men true to what they promised Allah. Among them is he who has fulfilled his vow [to the death], and among them is he who awaits [his chance]. And they did not alter [the terms of their commitment] by any alteration” [Al-Ahzaab: 23].

(Translated)

In submission to the command of Allah and content with His Qadaa, we in Hizb ut Tahrir in the Wilayah of Syria announce the death of one of the carriers of the Da’wah from the city of Halab (Aleppo) from amongst those who carried the Da’wah for the ruling to be by the Shar’a of Allah via the establishment of the rightly guided Khilafah (Caliphate) upon the methodology of the Prophethood. He endured, whilst following that path, harassment and prosecutions from the Assad regime prior to the revolution and he continued to work alongside his brothers in the revolution of Ash-Shaam to bring down this criminal regime and to establish the rule of Islam…

Brother Abdullah Abdul Qadir Basmaji

(Well-known as “Abu Abdu Basmaji” May Allah’s mercy be upon him

His passing was before the setting of the sun on Saturday the 8^th of Dhul Hijjah when he passed to His Creator whilst he was fasting, after an explosive barrel fell upon the Kalaasah district where he lived in the city of Halab.

We ask Allah Subhaanahu to accept him as a Shaheed (martyr), to make his abode the blissful gardens of Jannah and to raise him amongst the prophets, truthful, martyrs and righteous, and how good is their company.

Verily to Allah we belong and verily unto him do we return, indeed we are sad with your parting O Abdullah, and there is no might or power except with Allah Al-‘Aliy ul-Azheem.

 

Media Office of Hizb ut Tahrir

in Wilayah Syria

Hanafi Ulema on Khilafah and its Fiqh

Hanafi Ulema on Khilafah and its Fiqh

written by Usman Badr

Ulama of the Hanafi madhhab, like those of the other madhahib, emphasised the role and importance of the Khilafah throughout the ages. In many respects, they had more to say about issues of ruling and governance than other ulama since many khulafa – the Abbasids and Uthmanis in particular – adopted the Hanafi madhhab and sought advice and rulings from the Hanafi ulama of their times. For example, the Abbasid Khalifah Harun al-Rashid wrote to Abu Yusuf (rh), the student and companion of Abu Hanifa (rh), asking him questions about how to manage the finances of the state. Abu Yusuf wrote back with his famous and excellent treatise entitled al-Kharaj detailing many of the Shari’ah rules regarding state finances.

In this article we have a look at some of what the Hanafi ulama said about the Khilafah, noting that this should be of particular interest to the ulama, students of shar’i knowledge and activists of Pakistan, who predominantly follow the Hanafi madhhab.

Imam al-Nasafi (d. 537 AH) highlights the importance of the Khilafah in his famous treatise on aqa’id (creed) entitled Aqa’id al-Nasafiyya (p. 354): والمسلمون لا بد لهم من إمام يقوم بتنفيذ أحكامهم وإقامة حدودهم وسد ثغورهم وتجهيز جيوشهم وأخذ صدقاتهم وقهر المتغلبة والمتلصصة وقطاع الطريق وإقامة الجمع والأعياد وقطع المنازعات الواقعة بين العباد وقبول الشهادات القائمة على الحقوق وتزويج الصغار والصغائر الذين لا أولياء لهم وقسمة الغنائم “The Muslims must have an Imam, who carries out the implementation of their ahkam, the maintaining of their hudud, the guarding of their frontiers, the equipping of their armies, the receiving of their alms [zakat], the subjugation of those who rebel, thieves and highway robbers, the establishment of jumu’a and the two ‘Eids, the settlement of disputes which take place amongst people, the receiving of evidence based on legal rights, the facilitation of the marriage of the young men and women who have no guardians, and the distribution of the booty.”

He emphasises here how important the Khilafah (Caliphate) is in Islam, showing that so many of the fundamental Islamic obligations depend on it and cannot be fulfilled properly without it.

In commenting on this statement of Nasafi (rh), Imam Sa’d al-Din al-Taftazani (rh)- a Shafi’i scholar but one who wrote the most renowned commentary on Aqa’id al-Nasafiyya and also a prolific author of brilliant works widely studied in the madaris of Pakistan, such as his Mukhtasar al-Ma’ani in balagha – says, ثم الإجماع على أن نصب الإمام واجب وإنما الخلاف في أنه هل يجب على الله تعالى أو على الخلق بدليل سمعي أو عقلي. والمذهب أنه يجب على الخلق سمعاً، لقوله عليه السلام: ((من مات ولم يعرف إمام زمانه مات ميتة جاهلية)) ولأن الأمة قد جعلوا أهم المهمات بعد وفاة النبي عليه السلام نصب الإمام حتى قدموه على الدفن، وكذا بعد موت كل إمام، ولأن كثيراً من الواجبات الشرعية يتوقف عليه “There is (scholarly) consensus on the appointment of an imam being obligatory. The difference of opinion is only on the question of whether the obligation is on Allah or man, and whether is it by textual or rational evidence. The correct position is that it is obligatory upon man by the text, due to his saying ﷺ, ‘Whosoever dies not knowing the Imam of his time dies the death of jahilliyah’, and because the Ummah (the companions) made the appointing of the Imam the most concerning of important matters after the death of the Prophet ﷺ to the extent that they gave it priority over the burial; similarly after the death of every imam, and also because many of the other shari’a obligations depend upon it.” (Sharh al- Aqa’id al-Nasafiyyah, p.353-354)

Imam al-Taftazani (rh) mentions a number of important points here. First, he notes that there is ijma’ of the ulama that the Khilafah is an obligation on the Ummah. As for the difference he alludes to, he is referring to the disagreement of the Shi’a, who held that it was obligatory but on Allah (based on their belief that Allah appoints the imams) and the Mu’tazila, who held that it was an obligation based on the mind (based on their usul in which the mind can establish certain obligations). However, he notes the correct position held by all the scholars of the four madhhabs that it is an obligation on man based on the text.

Second, he cites one narration of the hadith in Sahih Muslim in the chapter of Imamah (governance) whereby the noble Prophet ﷺ said, «مَنْ مَاتَ وَلَيْسَ فِي عُنُقِهِ بَيْعَةٌ مَاتَ مِيتَةً جَاهِلِيَّةً»“Whosoever dies without having a pledge of allegiance (to a Khalifah) on his neck, dies a death of Jahilliyah.” Dying a death ofjahilliyah here denotes prohibition, as noted by Ibn Hajr in Fath al-Bari.

Third, he mentions the well-known fact that the noble Sahaba considered the Khilafah of such utmost importance that they delayed the burial of the noble Prophet ﷺ for it, giving it priority. Fourth, he explains its importance above other obligations in that it is not just an obligation but one on which other obligations (such as the ones mentioned by Nasafi (rh)) depend, therefore of the highest priority.

It is also relevant to note here that all this discussion about the Khilafah is taking place in a book on Aqeedah, even though the Khilafah is a matter of fiqh, not belief per se. This is because the Khilafah was a matter on which certain Islamic madhabs with wrong beliefs held wrong positions. Therefore the matter entered debates that had their origin in creedal matters, and since it was a matter of great importance in Islam, scholars discussed it in books of Aqeedah.

This is also why many scholars referred to it as the Imamah, since this was the popular term used in debates with some of these madhhabs, like the Shi’a. It should be noted, however, that Imamah and Khilafah are synonymous terms, both referring to the political leadership of all Muslims entrusted with the duty of implementing Islam. Imamand Khalifah are also synonymous, referring to the person in whom this leadership is manifest, or in modern parlance, the head of state in the Khilafah. The noble Prophet ﷺ also used both words in when speaking about the matter. For example, in the hadith of Muslim which underscores the importance of the Khilafah’s unity he ﷺ said, «إِذَا بُويِعَ لِخَلِيفَتَيْنِ فَاقْتُلُوا الآخَرَ مِنْهُمَا»‏ “If the pledge of allegiance is given to two Khalifah’s, kill the latter of them,” while in the hadith of the Khalifah being a shield, also in Muslim, he ﷺ said, «إِنَّمَا الْإِمَامُ جُنَّةٌ يُقَاتَلُ مِنْ وَرَائِهِ وَيُتَّقَى بِهِ» “Indeed, the Imam is a shield…”.

Shah Waliullah al-Dehlawi (d. 1152 AH), a renowned authority in the subcontinent also emphasises the fard of Khilafah, “اعلم أنه يجب أن يكون في جماعة المسلمين خليفة لمصالح لا تتم إلا بوجوده ” “Know that it is obligatory for there to be in the jama’a of the Muslims a khalifahfor interests that simply cannot be fulfilled except with his presence…” (Hujjat Allahi al-Baligha, 2:229)

Of course, the issue is also mentioned in many books of Hanafi fiqh. One of these is the magnum opus of the great Shami scholar of the 12 century Hijri, Muhammad Amin Ibn Abidin (d. 1252 AH) of Damascus, who is perhaps the most renowned of the latter Hanafi fuqaha, particularly in the Subcontinent. He is known as the final verifier (khatimat al-muhaqqiqin) of the Hanafi madhhab. His work, Radd al-Muhtar[Reply to the Perplexed], also known asHashiyat Ibn Abidin, is taken as the final word on most issues in Hanafi madhhab. It is an elaborate commentary on the excellent treatise of the erudite Hanafi faqih of the 11 century hijri, Ala’-Din al-Hasaki (d. 1088 AH), Durr al-Mukhtar [The Choice Pearl], which itself is a commentary on the work of al-Turtumashi of Gaza (d. 1004 AH), Tanwir al-Absar [Illumination of the Eyes].

In Durr al-Mukhtar, Imam al-Haskafi writes (Ibn Abidin’s commentary in brackets),”فالكبرى استحقاق تصرف عام على الأنام، وتحقيقه في علم الكلام، ونصبه أهم الواجبات (أي من أهمها لتوقف كثير من الواجبات الشرعية عليه)، فلذا قدموه على دفن صاحب المعجزات (فإنه – صلى الله عليه وسلم – توفي يوم الاثنين ودفن يوم الثلاثاء أو ليلة الأربعاء أو يوم الأربعاء ح عن المواهب، وهذه السنة باقية إلى الآن لم يدفن خليفة حتى يولى غيره)” “The major imamah (khilafah) is the right of general disposal over the people. Its study is in ‘ilm al-kalam and establishing it is the most important of obligations [it is of the most important obligations because the fulfillment of so many other shari’aobligations depends on it]. For this reason did they (the sahaba) give it priority over the burial of the Prophet ﷺ [He ﷺ passed away on Monday and was buried on the day of Tuesday or the night of Wednesday or its day (according to the different narrations), and this sunnah remains till this day such that the khalifah is not buried until another is appointed].” Radd al-Muhtar ‘ala al-Durr al-Mukhtar, 1: 548.

Al-Haskafi thus defines the Khilafah as the right of general disposal over the people. By this he means it is the right to manage the affairs of the people and is an absolutely general right, that is, it encompasses all the people in the lands of the Khilafah in all their public affairs. This is as opposed to the particular right of governors and judges, whose right of authority is in over some people in some areas to the exclusion of others.

In commenting on this, Ibn Abidin (rh) cites the definition of Taftazani in Sharh al-Maqasid, where he defines the Khilafah as, “رياسة عامة في الدين والدنيا خلافة عن النبي” “The general leadership in the deen and worldly affairs in succession of the Prophet ﷺ.”

This latter part of the definition indicates that the Khilafah is a position in succession of the Prophet ﷺ. This means that the role of the Khilafah is to succeed the Prophet ﷺ in implementing the Shari’ah. This is why he is called a Khalifah, which linguistically means successor.

Al-Haskafi then goes on the mention the conditions of the Khalifah, noting those which are agreed upon such as his being Muslim, free, male, sane, baligh, and able and some which are differed upon such as his being from Quraysh, a mujtahid and brave. He also negates some of the conditions claimed by other sects like that he be Hashimi, Alawi or infallible.

More generally with reference to the fiqh of matters of ruling and governance, many Hanafi works have been written dealing with the subject matter from various angles, starting with the Kitab al-Kharaj of Abu Yusuf (d. 162) and al-Siyar al-Saghir and al-Siyar al-Kabeer of Imam Muhammad ibn al-Hasan al-Shaybani (d. 189), the two students of Abu Hanifa. Imam al-Sarkhasi (d. 483 AH) then wrote a commentary of al-Siyar al-Kabeer. Many later were also written.

All of this shows the absolute importance attached to the Khilafah by the ulama of the Hanafi madhhab. This should serve as motivation for today’s ulama and students of Shar’i knowledge to pay due attention to this matter and indeed to be at the forefront of working for the re-establishment of the Khilafah (Caliphate) upon the method of the Prophethood.

Usman Badr