To Dr. Hakim Al-Mutairi, Author of the Book (Al-Ishkaliyyah Al-'Aqa'idiyyah wal-Azmah As-Siyasiyyah):
Assalamu Alaykum Wa Rahmatullahi Wa Barakatuhu (Peace, Mercy, and Blessings of Allah be upon you).
Praise be to Allah, and peace and blessings be upon the Messenger of Allah, his family, companions, and those who follow him. Thereafter;
I have reviewed your aforementioned book, with its ten chapters... Based on this, I am sending you this advice, divided into two parts: Clarification (Bayan) and Reproach ('Itab), in response to the saying of the Messenger of Allah (SAW): «الدِّينُ النَّصِيحَةُ قُلْنَا لِمَنْ قَالَ لِلَّهِ وَلِكِتَابِهِ وَلِرَسُولِهِ وَلِأَئِمَّةِ الْمُسْلِمِينَ وَعَامَّتِهِمْ» (The religion is sincere advice. We said, "To whom?" He said, "To Allah, His Book, His Messenger, the leaders of the Muslims, and their common folk.")
As for the Clarification (Bayan), I say: In the first nine chapters, you are seen to be concerned with the Khilafah (Caliphate), diligent and striving regarding its obligation, and that it is the path to the glory and revival of the Muslims and their return as the best nation brought forth for mankind. A reader of many of these chapters might feel as if he is reading the books of Hizb ut-Tahrir, which preceded you by decades on the topic of Khilafah, with one not-so-large difference: you are seen in your book to be conveying the statements of previous Mujtahideen (jurists) and scholars about the necessity, importance, and obligation of the Khilafah. In the books of Hizb ut-Tahrir, this necessity, importance, and obligation is derived through sound Ijtihad (independent juristic reasoning) from the legitimate Shari'ah (Islamic law) evidences considered by the Party, namely (the Book of Allah, the Sunnah of His Messenger, and what they directed toward: the Ijma' Sahabah [consensus of the Companions] exclusively, and the Qiyas Shari' [legal analogy]—that is, where the cause [illah] is mentioned in the Shari'ah texts, not purely rational analogy).
Nevertheless, whether the necessity and obligation of the Khilafah are conveyed by quoting the sayings of previous Mujtahideen, as you did in your book, or derived through sound Ijtihad from the Shari'ah evidences, as we did in our books, all of this is good.
I say: The reader of the first nine chapters of your book sees you dedicated to the Khilafah and the obligation of its establishment to replace the Thawaghit (tyrant rulers) in Muslim lands, who must be removed, and that the Ummah must install one Khalifah (Caliph) who unites them in a single state, governing by what Allah has revealed... and that it is impermissible for the Ummah to have two Caliphs; if there are two, the second must be killed, as stated in the Hadith of the Messenger of Allah (SAW): «إذَا بُويِعَ لِخَلِيفَتَيْنِ فَاقْتُلُوا الْآخَرَ مِنْهُمَا» (If allegiance is pledged to two Caliphs, kill the latter of them). You also mention that the Khilafah will return by Allah’s permission, as the Messenger of Allah (SAW) said: «تكون النبوة فيكم ما شاء الله أن تكون ثم يرفعها إذا شاء أن يرفعها ثم تكون خلافة على منهاج النبوة فتكون ما شاء الله أن تكون ثم يرفعها إذا شاء الله أن يرفعها ثم تكون ملكا عاضا فيكون ما شاء الله أن يكون ثم يرفعها إذا شاء أن يرفعها ثم تكون ملكا جبرية فتكون ما شاء الله أن تكون ثم يرفعها إذا شاء أن يرفعها ثم تكون خلافة على منهاج النبوة ثم سكت» (Prophethood will remain among you as long as Allah wills. Then Allah will raise it up when He wills. Then there will be a Khilafah upon the method of Prophethood, and it will last as long as Allah wills. Then Allah will raise it up when He wills. Then there will be a biting kingdom, and it will last as long as Allah wills. Then Allah will raise it up when He wills. Then there will be tyrannical rule, and it will last as long as Allah wills. Then Allah will raise it up when He wills. Then there will be a Khilafah upon the method of Prophethood. Then he fell silent.) And many other truths you mention about the Khilafah in the first nine chapters.
However, in the tenth chapter, when presenting your project for establishing the Khilafah and calling for a conference to approve this project, you almost disregard everything you mentioned in the previous nine chapters! In the project, you do not adhere to the Shari'ah evidence outlined by the Messenger of Allah (SAW) for the method of establishing the Khilafah; rather, you propose concepts which you view, by your own estimation, as the method for establishing the Khilafah:
You state: "Therefore, the Khilafah must be a political system project that keeps pace with the development and necessities of the age. Any unity or federation accepted by all the peoples and states of the Ummah, or most of them, or a group of their major states that are sovereign and independent of any foreign influence, and gather within any unifying or federal framework, whose governments are elected by their peoples, and which selects a presidential council representing the Ummah that chose it as a Khilafah Council for the Ummah and an elected Shura Council representing its peoples and the Ahl al-Hall wal-'Aqd [People of Binding and Loosing] from among them—this is a legitimate Khilafah."
And you say: "The global trend towards regional and continental unity and federation, such as the European Union, imposes upon the Islamic world a similar trend towards voluntary unity and federation, with the consent of the peoples and their governments."
You also say: "This is a proposed basic system for the conference, and when all the aforementioned short-term goals are achieved at the level of establishing regional organizations and an international organization, and medium-term goals are achieved at the level of realizing political reform in every Arab and Islamic region to reach Rashidah [Rightly Guided] governments, it will not be long before all or most of those Rashidah governments strengthen unity and integration politically, economically, and militarily between their states and regions, paving the way for the ultimate goal: the establishment of a Rashidah Khilafah [Rightly Guided Caliphate] and one Ummah that ensures security, stability, development, and prosperity for its people, and achieves global peace, justice, and positive cooperation sought by all humanity."
And you also say: "All of the aforementioned long-term strategic goals may require decades, and medium-term phased goals may require a few years... And the regional organizations will not be able to achieve this unless they establish plans, programs, and studies through which they understand the existing laws and systems and how to utilize them to achieve the organization's objectives..."
And you say: "Therefore, the organizations in their regions and states must strive to attain power or participate in it, aiming to establish Rashid [Rightly Guided] rule in every Arab and Islamic region as a phased political goal." You also say: "The conference works to achieve its goals through all peaceful and legitimate means, including: ... Political participation to reach legislative and executive power..."
It is clear from these quotations from the tenth chapter that they contradict the method prescribed by the Messenger of Allah (SAW) for establishing the Islamic State (Khilafah). Moreover, some statements contradict what you mentioned in the previous chapters. Here is a detailed clarification:
1- In Islam, the idea of Shari'ah rules is established alongside the method of their implementation. The same God who said (وأقيموا الصلاة) (Establish the Prayer) is He who revealed to His Messenger (SAW) the saying: «صلوا كما رأيتموني أصلي» (Pray as you have seen me praying). How can you affirm the obligation of the Khilafah with its Shari'ah evidence but not affirm the method of establishing the Khilafah with its Shari'ah evidence that the Messenger of Allah (SAW) outlined for us? Is there not a clear statement in the Seerah (Prophetic Biography) of the Messenger of Allah (SAW) clarifying the method of its establishment by the Prophet (SAW) seeking Nussrah (material support) from the people of strength among the tribes and the Ansar in Medina?
Is it permissible to accept the ruling of obligation for establishing the Khilafah based on the sayings of previous Mujtahideen according to Shari'ah evidence, but not take the method of its establishment from the Shari'ah evidence contained in the Seerah of the Messenger (SAW)?
Just as the Khilafah is an obligation according to the Shari'ah evidence from the Book of Allah, the Sunnah of His Messenger, and what they directed toward, the method of its implementation must equally be according to the Shari'ah evidence from the Book of Allah, the Sunnah of His Messenger, and what they directed toward, just like all other rulings in terms of concept and method. Just as prayer is an obligation according to the Shari'ah evidence, the method of performing it must be according to the Shari'ah evidence, and likewise Hajj and other rulings.
The Messenger (SAW) clarified the obligation of establishing the Khilafah (the Islamic State) and also clarified the method of its establishment through seeking Nussrah, as the Messenger of Allah (SAW) did in establishing the State in Medina. The Messenger of Allah (SAW) sought Nussrah from the tribes (because they were the people of strength) more than ten times, but they did not respond. Rather, they repelled him (SAW) badly in some instances, and wounded his feet in others, and stipulated unacceptable conditions on him (SAW)... Nevertheless, he (SAW) did not change the method, even though the pursuit of Nussrah was accompanied by hardship. Rather, the Messenger of Allah (SAW) persisted until Allah willed the response of the Ansar, who pledged allegiance to him at the Second Pledge of Aqabah, and consequently, the State was established in Medina. As is established in the principles, the persistence of the Messenger (SAW) on a specific action despite the hardship involved is a definitive indication of the obligation to follow that action. Therefore, seeking Nussrah from the people of strength is the obligatory method for establishing the Khilafah.
2- But in the tenth chapter, you presented your own method, proposing a voluntary union between the peoples and states of the Ummah, and then this union chooses a presidential council as a Khilafah Council... You spoke of medium-term goals and final goals... You spoke of long-term strategic goals that may require decades, and medium-term phased goals that may require a few years... and that the regional organizations forming the international organization, the "Ummah Conference," must work on political reform in every region, study the existing laws and systems, and utilize them to achieve the organization's goals, even participating in the existing authority as a phased political goal. You emphasized this by saying: "The conference works to achieve its goals through all peaceful and legitimate means, including: ... Political participation to reach legislative and executive power..."
All of these are estimations and concepts for establishing the Khilafah through phased and final goals that have no Shari'ah basis. Not only do they contradict the method prescribed by the Messenger of Allah (SAW) for establishing the Islamic State (Khilafah)—a method he followed until the state was established in Medina—but they also contradict the reality of the existing states, let alone contradicting some of what you mentioned in previous chapters regarding the rulers being Thawaghit who rule by other than what Allah has revealed and who must be changed!
My brother, how can the claim that they are Thawaghit be consistent with participating in their authority and maintaining their systems, even benefiting from their laws and systems in your project for establishing the Khilafah?! You might say, "I participate to reform them." But does participation in the authority of Thawaghit reform them, or does it corrupt the participant? This is besides the sin incurred by anyone who participates in a rule that does not govern by what Allah has revealed, even for an hour of the day. How then when you view this participation as a phased goal that might last a few years, if not decades?!
Furthermore, you undoubtedly realize that these rulers fight the Khilafah and those working for it. How can these rulers be expected to establish the Khilafah through a voluntary union among themselves, while their existing states remain alive?
And what is this? Do states unite in a federal framework and choose a presidential council they call a Khilafah Council, and thus become a Khilafah State?! Is it an Arab League, an Islamic Conference, or, at best, a European Union?
Is the Khilafah State unknown, either in reality or in Shari'ah, such that it is pursued haphazardly?
The Khilafah is not established from within man-made systems by creating a union among them, even if achieved. Rather, the Khilafah is established by changing the man-made systems, just as the Messenger of Allah (SAW) changed the Jahiliyyah (ignorance) systems and established the rulings of Islam in their place. He established the Islamic State through a clear and manifest method (seeking Nussrah). You undoubtedly realize the obligation of adhering to the method of the Messenger (SAW) without deviation. Therefore, it is not correct to craft a project for establishing the Khilafah that is not based on the method outlined by the Messenger of Allah (SAW).
3- Furthermore, there are matters that violate Shari'ah rulings interwoven in your concepts for establishing the Khilafah:
You state: "The conference consists of the regional organizations that participated in its foundation or agreed to join it. Its meetings are periodic, presided over by the eldest member, and its decisions are taken by a majority, with the right of reservation for every organization on any decision, making the decision binding only on those who approved it."
The obligation is that these decisions must be taken according to the strongest Shari'ah evidence, not by a majority, because these decisions are supposed to be Shari'ah treatments for issues presented to the conference, i.e., Shari'ah rulings. A Shari'ah ruling is taken according to the evidence, whether supported by many or few. This seems like a slip of the tongue or the pen, as I do not think you intend to take Shari'ah rulings based on majority opinion, unless you mean administrative decisions and not Shari'ah treatments, although the context does not indicate that.
And you say: "While Shiite organizations have emerged carrying the political project of Wilayat al-Faqih, which is a modern theory not known to the Shi’a until this age, conversely, no political organization has emerged carrying the Sunni Rashidi political project, despite the fact that the Islamic Khilafah as a political system governed the Ummah for thirteen centuries."
The requirement is not to address the issue with a 'Sunni' discourse against a 'Shi’a' discourse, but with an Islamic discourse, as it was in the early days of Islam: (هُوَ سَمَّاكُمْ الْمُسْلِمينَ) (He named you Muslims), without dividing Muslims into Sunni and Shi’a. Establishing the Khilafah is obligatory upon every Muslim, whether Sunni, Shi’a, Ibadi, or Zaydi...
Also, instead of merely highlighting the importance of the Arabs in Islam because their language is the language of Islam, you focused on preferring them over other Muslims. You say: "Indeed, among the fundamentals of Ahl us-Sunnah wal-Jama'ah is the preference of Arabs..." This introduces a tribalistic fervor ('asabiyyah) which is inappropriate in this context. It contradicts the noble verse: ( إِنَّ أَكْرَمَكُمْ عِنْدَ اللَّهِ أَتْقَاكُمْ إِنَّ اللَّهَ عَلِيمٌ خَبِيرٌ) (Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted), and the saying of the Messenger of Allah (SAW): «أَلَا لَا فَضْلَ لِعَرَبِيٍّ عَلَى عَجَمِيٍّ وَلَا لِأَسْوَدَ عَلَى أَحْمَرَ إِلَّا بِالتَّقْوَى..» (Beware, an Arab has no superiority over a non-Arab, nor a black person over a red person, except by Taqwa [piety]...). The correct approach would have been to limit yourself to mentioning the importance of Arabs without discussing their preference over others...
I will suffice with this extent of clarification regarding the Shari'ah method for establishing the Khilafah, which is fully detailed in our books, and is undoubtedly available to you or easily accessible.
This is the first part of the advice (the Clarification).
As for the second part (the Reproach), you claim that the Islamic Ummah, nor any movement or party within it, has produced a political project for establishing the Khilafah. You say: "The Ummah, ninety percent of whom are represented by the Ahl as-Sunnah wal-Jama'ah, has remained for a hundred years after the fall of the Ottoman Khilafah without a political project that expresses their identity and is based on the foundations of the Qur'anic and Prophetic Islamic political discourse. And the Islamic movements, which initially arose to restore the Khilafah and resume the Islamic way of life, remained ideological, Da'wah (preaching), and educational movements without any strategic political project."
Subhan Allah! (Glory be to Allah!) I am astonished by two things concerning you:
The first is that it is almost a consensus, both among the enemies of Islam and the supporters of Islam, that Hizb ut-Tahrir has thoroughly covered the subject of establishing the Khilafah, not just with a thin layer, but with a thick, opaque covering!
Hizb ut-Tahrir has clarified the evidence for the obligation of the Khilafah and explained the methodology of deduction, deriving the Shari'ah ruling on the issue through sound Ijtihad, clarifying the manner of deduction and the application of the evidence to the derived issue. It concluded from this the obligation of the Khilafah and the obligation to work for it. This has been documented in its numerous books. It held the Khilafah Conference, attended by a hundred thousand or more, and convened the Scholars’ Conference on the Khilafah, attended by about seven thousand of the best Muslim scholars, and issued a call to the Ummah and its people of strength regarding the Khilafah... Its intellectual and practical works on this subject are too numerous to count.
It clarified Islam's solution to new problems and documented them in its books: The Economic System, The Social System, The Ruling System, The Apparatuses of the Khilafah State in Governance and Administration, The Personality, The Penalties, The Political Concepts... It held an economic conference attended by thousands, clarifying the cure for economic crises. It held a global media conference attended by global delegations, explaining the media policy and Islam's view on heated international and regional issues... And its lectures, seminars, and marches are denied by none who possess a heart or lend an ear while being fully present.
Then, it published the Introduction to the Constitution, deriving its articles as Shari'ah rulings in several chapters: General Rulings, The Ruling System, The Social System, The Economic System, The Education Policy, and The Foreign Policy and International Relations. These are 191 articles derived from the legitimate Shari'ah evidence (the Book, the Sunnah, the Ijma' Sahabah exclusively, and the Qiyas Shari'). It invited scholars to inform the Party if any of these articles were not derived through sound Ijtihad, or if the method of deduction did not apply to the issue being deduced.
Despite all this, you claim in your project that the Ummah has not been presented with a political project by any movement since the fall of the Ottoman Khilafah!
But the most grievous and bitter claim is your assertion that Hizb ut-Tahrir lacks political struggle (Nidal) or conflict (Sira' Siyasi). You say: "Even Hizb ut-Tahrir, which made the Khilafah its central issue and named itself after the Party, remained an Islamic Da'wah and intellectual group without any political struggle or conflict to achieve its goals."
How can that be, may Allah have mercy upon you?!
Are you unaware of the attempts made by the Party to seek Nussrah for the establishment of the Khilafah, even though they did not succeed, and the harm that befell the youth of the Party as a result? The Party continues on this path without deviation, by Allah's permission, until the Khilafah Rashidah is established, following the example of the Messenger (SAW) who persisted in this method until the State was established in Medina.
Are you unaware of the thousands of the Party's youth currently in the prisons of the Thawaghit across the Muslim lands, from East to West? Among them are those detained for years without trial, and those sentenced to long terms, up to thirty years! And the extent of the hardship and harm the Party's youth face from the Thawaghit rulers and their man-made systems?
Then, are you unaware of the number of those martyred in the prisons of Central Asia, Syria, Iraq, and Libya?
Even one tenth of these sacrifices would compel any fair person to say that this is a struggle—a great struggle, and a mighty political conflict—not to say, as you did: "Even Hizb ut-Tahrir, which made the Khilafah its central issue and named itself after the Party, remained an Islamic Da'wah and intellectual group without any political struggle or conflict to achieve its goals."
This is the first point that astonished me.
The second point, which is even more astonishing, is that you are not one of the common people whose lives are consumed by intense and continuous struggle for livelihood, leaving them no time to follow events. Nor are you severely persecuted by oppressive rulers such that your ability to follow current events is restricted... Thus, excuses for ignorance of these actions cannot be applied to you...
Rather, you hold many significant academic degrees and occupy comfortable positions. You were not restricted by the state, even when you were Secretary-General of the Kuwaiti Ummah Party (2005-2008) and thereafter; in fact, the relationship was, and still is, good... All of this means you have ample time to follow events and developments, secure and comfortable in your life. You have undoubtedly watched, read, or met people who informed you about these actions of the Party...
And despite all this, you say: "Even Hizb ut-Tahrir, which made the Khilafah its central issue and named itself after the Party, remained an Islamic Da'wah and intellectual group without any political struggle or conflict to achieve its goals."
My brother, Hizb ut-Tahrir realizes that the work to establish the Khilafah is not an obligation solely upon Hizb ut-Tahrir, but upon every capable Muslim. The Party supports everyone working for the Khilafah based on its Shari'ah evidence, according to the method followed by the Messenger of Allah (SAW) until he established the Islamic State in Medina.
At the same time, it grieves the Party to see or hear writers calling for the Khilafah by turning its face upside down, appealing for a union among Thawaghit rulers who govern by systems for which Allah has sent down no authority, and creating a council for this union which they call a Khilafah Council—as if it were an Islamic Conference or an Arab League, or at best, a European Union among sovereign states with separate entities. Yet, they call this project a Khilafah project! They are thereby working, whether they know it or not, to distort the image of the Khilafah in the minds of Muslims and confuse those working for it.
Nevertheless, the Khilafah is stronger than distortion and confusion. It is documented, in word and deed, in the Book of Allah, the Sunnah of His Messenger, and the consensus of his Companions, and by Allah's permission, it will return as a Khilafah Rashidah, as Allah Almighty promised and His Messenger (SAW) gave glad tidings.
In conclusion, Hizb ut-Tahrir is neither advanced nor delayed by anyone denying its work to resume the Islamic way of life by establishing the Khilafah Rashidah. The Party's work in this field is like the blazing sun that cannot be covered by a sieve! The Party is, by Allah's will, confident in the correctness of its serious and diligent work to establish the Khilafah Rashidah... However, it sends this reproach in the spirit of "The religion is sincere advice," hoping that the Doctor will re-read his project in the tenth chapter and correct the error therein so that it aligns with the first nine chapters of his book. He will then, by Allah's permission, be among the best of those who make mistakes, and perhaps he will do so.
Finally, someone might say: This Doctor will not benefit from advice encompassing clarification and reproach, for he is not ignorant of these matters. He has undoubtedly read in the Seerah of the Messenger (SAW) about seeking Nussrah, the Second Pledge of Aqabah, and the establishment of the State. He has also undoubtedly read about the Khulafa Rashidun (Rightly Guided Caliphs) and knows that the Khilafah is a unique Islamic ruling system implemented by a single state with one ruler, and not a union between states having a Khilafah Council. He also undoubtedly knows that the Party which has struggled and continues to struggle diligently to establish the Khilafah according to the method of the Messenger of Allah (SAW) is Hizb ut-Tahrir...
Nevertheless, I say: Does not these nine chapters, which are mostly correct, intercede for the one chapter of the book which is mostly crooked, making its author worthy of advice? Yes, they do intercede. And Allah Almighty is the Guide to the straight path.
Assalamu Alaykum Wa Rahmatullahi Wa Barakatuhu
Atta bin Khalil Abu Rashta Amir of Hizb ut-Tahrir