Khilafah/Caliphate and Islam Hizb ut-Tahrir

1 khilafah/caliphate , islam

1.1 islamic lands
1.2 jihad
1.3 shariah

khilafah/caliphate , islam

caliphate

hizb ut-tahrir texts , websites holds re-establishing khilafah state or caliphate sharia law, has been decreed god important obligation of muslims, punished if neglect it. without caliphate , true sharia law, muslims have been living in state of jahiliyya (pre-islamic ignorance). not single country or state has escaped jahilayya , dar al-kufr (unbelief), including ones consider islamic states, such kingdom of saudi arabia , islamic republic of iran. these , other muslim-majority states , polities—kurds, turks, iran, saudi arabia, etc. -- serve agents of non-muslim power (usually of united states), , anti-american rhetoric/policies or fighting amongst each other nothwithstanding, working harmoniously within policy .

one ht website (ht britain) states caliphate dominated 95% of islamic history stable, independent, accountable , representative state , , party goals of unifying islamic countries single islamic state sharia law strictly applied have strong support in muslim world. caliphate bring stability, party argues, providing political system accountable , ruler legitimized virtue of elected representation; returning muslim world islamic practice , traditional readings of islamic values , history; , because institution able provide credible leadership on islamic issues , muslims .

the ruler of caliphate, caliph (or khaleefah), should elected, not chosen through blood lines or imposed on muslims, according hizb ut-tahrir draft constitution, , should given pledge of loyalty (ba’iah) muslim community following election. muslim community have no right dismiss him after has legitimately attained ba’iah of contracting.

ht sources (an ht information pack issued british media ht britain circa 2010 (no longer available on ht website copied site), , ht britain magazine new civilisation) describe ruler of proposed caliphate elected , accountable ruler , servant masses, governing them justice , legitimate through popular consent can removed @ demand of people through independent judiciary of caliphate, , judicial opinion on adopting law not prevent further debate , amendment. along independent judiciary, political parties , elected representative of majlis al-umma ( council of muslim community , decisions binding on caliph according nabhani s book, nethaam al-huqm fil-islam) caliph rules state uniquely representative provide rule of law , equal rights minority groups , , bears no resemblance totalitarian state , criticism notwithstanding.

but critics complain ht draft constitution describes caliph state . constitution states caliph possesses powers , function of state ... appointing , dismissing governors , assistants of provinces of caliphate, directors of departments, heads of armed forces , generals, chief judge , judges, responsible khaleefah [caliph] , not majlis al-ummah (according article 35e of constitution). founder an-nabhani, in book system of islam, notes shura (consultative) body of caliphate (the majlis al-ummah), seeking opinion , not ruling , if caliph neglects majlis negligent, ruling system still remain islamic. because shura (consultation) in islam . contrary parliamentary system in democracy.

there no limitation on khaleefah’s period in office, long abides sharia’ . critics (houriya ahmed , hannah stuart of centre social cohesion) complain non-muslims living caliphate not included among giving popular consent nor able serve in government, while judges ruling on recall attempt of caliph appointed him or judge (the supreme judge) appointed caliph. regarding debate , amendment of legal rulings of caliph, articles 3 , 35a of proposed constitution stipulate must obeyed. 1 issue not open popular consent or differing opinion (according ht doctrine) seceding caliphate. preventing dismemberment of country body of khilafah imperative, if leads several years of fighting , ... killing of millions of muslims (according second amir of party).

islamic lands

islamic lands make ht caliphate include not muslim-majority countries include muslim-majority regions—such southern central asia (in china); caucasus, , kazan (in russia), though have been part of non-muslim countries many years; , states/regions have had non-muslim majority population many years—such northern india, east timor, southern spain, sicily, crimea, serbia, croatia, greece, romania, bulgaria, myanmar , philippines—that once ‘ruled muslims under authority of islam’.

ht founder an-nabhani, explains while believe country population of non-muslims , spain, not islamic country; ... conclusion false. ... because country deemed islamic if once ruled islam or if majority of population of muslims. spain indeed islamic country .

expansion non-muslim lands

hizb ut-tahrir sees caliphate replacing not muslim states western non-muslim ones, whether calls violence achieve disputed. ht information pack britain media states suggestion hizb ut-tahrir permitted engage in armed struggle when caliphate re-emerges, absolutely false , michael whine quotes ht founder an-nabhani urging muslims follow example of original islamic empire attacking , conquering adjacent territory of persia , byzantine empire, noting ummah today; numbering more 1 billion, ... undoubtedly constitute front stronger in every respect leading superpowers put . ht text (the ummah’s charter, quoted ahmed , stuart), states caliphate must rise declare jihad against kuffar without lenience or hesitation, , ht pamphlet (quoted dave rich) predicts, “in forthcoming days muslims conquer rome , dominion of ummah of muhammad (peace , blessings upon him , family) reach whole world , rule of muslims reach far day , night. , dīn of muhammad (saw) prevail on other ways of life including western capitalism , culture of western liberalism”.

criticism

among criticisms of ht s vision of caliphate historical inaccuracy , danger of violence involved in re-establishing caliphate:

the historical abbasid , ottoman caliphates ignored or opposed 5 of civilizations [ht] seemed think had governed . (legal historian sadakat kadri)
eras of great islamic cultural achievement occurred not under rulers strictly applied sharia, under open-minded rulers whom group consider heretical: mu talite caliphs , shi sultans of ninth , tenth-century baghdad, example , eclectic emperors emerged out of anatolia, persia, , central asia after mongol invasions. (sadakat kadri)
during heyday society of abbasid caliphate, thrived on multiculturalism, science, innovation, learning , culture , not strict enforcement of sharia, , had famous free thinkers (al-maʿarri) , irreverent, impious poets (namely abu nuwas). (journalist khaled diab)
that rather being protected , purified caliphate, religion of islam throughout muslim history has operated alternative, in tension caliphate: repository of ideals of justice , equity, , purpose speak truth vainglory of institutions of power. (ziauddin sardar)
how security, safety , peace in muslim world come through forceful removal of current muslim governments in creation of unified caliphate state, in light of abdul qadeem zallum s statement in party text if necessary millions of muslims , non-muslims killed ?


defence

responsibility defense in hizb ut-tahrir s constitutional vision of caliphate go amir al-jihad supervisor , director of 4 governmental departments comprising army, police, equipment, tasks, armament supplies , internal security, foreign affairs, , industry ( factories of whatever type should established on basis of military policy ). amir al-jihad not serve commander-in-chief, who, along immediate subordinates, appointed caliph. conscription compulsory male muslims 15 , on in proposed state in readiness jihad.

economy

the draft constitution details economic system allows private enterprise, requires state should provide employment , basic needs citizens. provide state draw permanent sources of income special taxes on non-muslims: spoils or fei` (spoils of jihad when non-muslim enemy has surrendered or fled), jizyah (a poll tax on non-muslims), kharaj (land conquered non-muslims in jihad). includes tax of one/fifth of discovered buried treasure (rikaaz) , zakaah (annual islamic charitable donation of 2.5% of muslim s total savings , wealth excluding minimum amount) , other taxes if necessary.

the constitution reserves public ownership of utilities, public transport, health care, energy resources such oil, , unused farm land. constitutionally forbidden activities include: squandering, extravagance , miserliness , capitalist companies, co-operatives , usury (riba), fraud, monopolies, gambling , , leasing of land agriculture, , failure of land owner use land, (such leaving land fallow more 3 years). monetary policy constitution calls use of gold standard, , gold , silver coinage.

outsider observers have called ht s economic proposals vague (international crisis group), or lacking in coherence (ahmed & stuart, zeyno baran). former ht uk leader jalaluddin patel defends it, writing islamic economic system comes creator , has better insight human condition humans.

jihad

ht texts define jihad war undertaken sake of allah (swt) raise high (swt) word , requiring army (institutions of state in khilafah). declare necessity of jihad da wah carried mankind , bring them khilafah state, , importance of declaring jihad against kuffar without lenience or hesitation; (ummah s charter), need fight unbelievers refuse ruled islam, if pay tribute (the islamic personality).

on other hand, public statements hizb ut-tahrir deny hizb ut-tahrir permitted engage in armed struggle when caliphate re-emerges, ... party not waiting order begin `armed struggle` .

other ht texts differ on whether jihad nature offensive rather defensive (supported in inevitability of clash of civilisations), or encompasses both defensive , offensive war (supported on different page of inevitability of clash of civilisations). statements conflict whether offensive jihad must wait caliphate established (as head of ht britain, jalaluddin patel, told interviewer in 2004), or requires amir lead muslims (hizb ut-tahrir pamphlet). party support defensive jihad in iraq , afghanistan against american occupation—defensive jihad not requiring appropriate political , military capabilities of islamic state, need not wait either caliph or amir.

shariah

along establishment of islamic state, hizb ut-tahrir s other main principle/objective enforcement of shariah law regulate aspects of human life— politics, economics, sciences, , ethics. law based upon fair interpretations of qur an, sunnah, consensus of companions (ijma al-sahaba), , legitimate analogies (qiyas) drawn 3 sources. islamic state not adopt particular madhhab (school of fiqh)..) according forum 18 news service, told ht representative true muslims adhere 1 of 4 sunni madhhabs, , depart 4 considered apostates , liable punishment according islamic law.

regarding traditional hudud penal code, ht text concepts of hizb ut-tahrir describes abandonment part of misinterpreted islamic rules adapt them contemporary life started in late 19th century. in ht video on how muslims should answer criticism of harsh punishments of hudood, ht member taji mustafa argues chopping off hands , fee huge deterrent crime. ht texts state adultery should punished stoning , pre-marital sex lashing, apostasy islam death. brigandage , murder punished execution, crucifixion or amputation. (use of punishments of ‘chopping off’ of hands theft , stoning death adultery, become law in ht caliphate confirmed in 2009 interview of tayyib muqeem, ht leader.)

non-muslim subject same laws , in addition subject special taxes—the poll tax of jizya , land tax of kharaj. men , women segregated in public except when absolutely necessary according ht draft constitution. women s body may not revealed, apart face , hands . (this reaffirmed ht leader tayyib muqeem in 2009 interview -- `every woman have cover up.’) (see below regulations non-muslims , women)

one of benefits of caliphate in court system, (according founder an-nabhani) there has never been 1 case ... settled according other islamic shari’ah rules (this disputed historians.)

unlike many court systems caliphate have no courts of appeal or cessation. ‘if judge pronounced sentence, become binding, , sentence of judge not under circumstances reverse it.’ (however, if circumstantial evidence changed, judge reverse decision.)

punishment apostasy

in ht draft constitution, article 7 declares muslims have renounced islam... guilty of apostasy (ridda) islam executed. @ least 1 ht text (how khilafah destroyed written abdul qadeem zallum, ht global leader 1977 2003) emphasizes importance of rule of shariah calling killing of apostates islam (those have left islam). abdul qadeem zallum warns abolition of caliphate in 1924 mustafa kemal atatürk consequence of wayward muslims atatürk no longer feeling fear might killed (since according ht ending caliphate act of apostacy). prevent happening again, imperative put issue in rightful place , consider vital issue, killing every apostate if numbered millions.

one recent case of alleged apostacy ht has commented on may 2014 sentence of 1 meriam ibrahima 1 hundred lashes followed death hanging issued sudanese sharia court ibrahima s alleged fornication , renunciation of islam. (ibrahima had been raised christian , married christian absent father muslim court ruled marriage act of fornication , apostacy.)

after several western governments, condemned sentence, hizb ut-tahrir issued statement affirming ‘the ruling of legislator, allah almighty, apostasy death’ , muslim should not ‘seek satisfaction of hostile kaffir west upon descent of shar’i provision.’

criticism

critics (sardar, kadri, ahmed & stuart) complain particular sharia advocated ht contravene standards , values of universal human rights , , formulated in ninth century , frozen in history. inherently violent towards women, minorities , criminals, has never been willingly accepted muslims had forcibly imposed authoritarian regimes . (while support sharia strong in muslim world, agreement on constitutes sharia less so.)

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