(Series of Answers by the Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of Visitors to his Facebook Page)
To Irfan Abu Naveed
Question:
In the name of Allah, the Most Merciful, the Most Compassionate
Our noble Sheikh, the venerable scholar Ata Bin Khalil—may Allah protect you:
An important question regarding Hizb ut-Tahrir in Indonesia:
Young Muslims in Indonesia have asked me regarding Hizb ut-Tahrir Indonesia, which is officially registered with the Ministry of Home Affairs of the Republic of Indonesia. I have found some people (not many) claiming that the Party in Indonesia does not distinguish between Haqq (Truth) and Batil (Falsehood), Allah forbid.
What is the comprehensive answer to this matter, O our Sheikh?
What is the ruling (Hukm) on registering the Party with governments in Dar al-Kufr (Land of Disbelief) like Indonesia? If you would please explain the method of derivation (Istidlal)?
The scholar Al-Shafi’i said in Al-Umm: "What is Halal (permissible) in Dar al-Islam is Halal in Dar al-Kufr, and what is Haram (prohibited) in Dar al-Islam is Haram in Dar al-Kufr..." We wish to benefit from your knowledge, O our Sheikh. May Allah grant you success, guide your steps, and make you a support for the Islamic Ummah. I ask Allah to place this in the balance of your good deeds.
Your brother in faith: The one in need of Allah, Irfan Abu Naveed.
Answer:
Walaikum Assalam wa Rahmatullahi wa Barakatuh,
Yes, my brother, indeed what is Halal in Dar al-Islam is Halal in Dar al-Kufr, and what is Haram in Dar al-Islam is Haram in Dar al-Kufr... However, your question pertains to administrative matters, and these matters fall under the category of Mubah (permissible), whether they are in Dar al-Kufr or in Dar al-Islam. For example, applying for an identity card or a passport... or adhering to traffic signals, or purchasing a ticket for travel by plane or train... or adhering to work hours at your job, university, or school, or maintaining a record of attendance and absence in workplaces... all these are permissible administrative matters, whether you are in Dar al-Kufr or Dar al-Islam. You may adhere to them; in fact, you can transfer some administrative styles from Dar al-Kufr to Dar al-Islam. The story of Umar adopting the Diwans (administrative registers) from the Romans and Persians—meaning the registration of the names of the subjects in order to distribute the spoils to them—is well known:
أخرج ابن أبي شيبة في مصنفه عَنْ أَبِي سَلَمَةَ، عَنْ أَبِي هُرَيْرَةَ، أَنَّهُ قَدِمَ عَلَى عُمَرَ مِنَ الْبَحْرَيْنِ، قَالَ: فَقَدِمْتُ عَلَيْهِ فَصَلَّيْتُ مَعَهُ الْعِشَاءَ، فَلَمَّا رَآنِي سَلَّمْتُ عَلَيْهِ فَقَالَ: «مَا قَدِمْتَ بِهِ؟» قُلْتُ: قَدِمْتُ بِخَمْسِمِائَةِ أَلْفٍ... فَقَالَ لِلنَّاسِ: «إِنَّهُ قَدِمَ عَلَيَّ مَالٌ كَثِيرٌ فَإِنْ شِئْتُمْ أَنْ نَعُدَّهُ لَكُمْ عَدًّا، وَإِنْ شِئْتُمْ أَنْ نَكِيلَهُ لَكُمْ كَيْلًا» ، فَقَالَ رَجُلٌ: يَا أَمِيرَ الْمُؤْمِنِينَ إِنِّي رَأَيْتُ هَؤُلَاءِ الْأَعَاجِمَ يُدَوِّنُونَ دِيوَانًا وَيُعْطُونَ النَّاسَ عَلَيْهِ، قَالَ: «فَدَوَّنَ الدَّوَاوِينَ وَفَرَضَ لِلْمُهَاجِرِينَ فِي خَمْسَةِ آلَافٍ خَمْسَةَ آلَافٍ وَلِلْأَنْصَارِ فِي أَرْبَعَةِ آلَافٍ أَرْبَعَةَ آلَافٍ، وَفَرَضَ لِأَزْوَاجِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، فِي اثْنَيْ عَشَرَ أَلْفًا اثْنَيْ عَشَرَ أَلْفًا».
"Ibn Abi Shaybah reported in his Musannaf from Abu Salama, from Abu Hurayrah, that he came to Umar from Bahrain. He said: I came to him and prayed Isha with him. When he saw me, I greeted him, and he asked: 'What have you brought?' I said: 'I have brought five hundred thousand...' So he said to the people: 'A large amount of wealth has come to me; if you wish, we can count it out for you, and if you wish, we can measure it for you.' A man then said: 'O Commander of the Faithful, I have seen these non-Arabs (A’ajim) keeping a Diwan (administrative register) and distributing to the people based on it.' He said: 'So he established the Diwans and assigned five thousand for each of the Muhajireen, four thousand for each of the Ansar, and assigned twelve thousand for each of the wives of the Prophet (saw).'" (Reported by Ibn Abi Shaybah in his Musannaf)
Now we return to your question: What is the ruling on registering the Party with the government in Indonesia?
What occurred is from the chapter of notification and information (Ilm wa al-Khabar), meaning we inform them of the name of the Party, its methodology, and its work... There is nothing wrong with informing them of that. If we find those who accept notification without requiring a commitment to the laws of Kufr, then we register the Party as an administrative act. Currently, no countries have accepted our registration on this basis—without commitment to Kufr laws—except for three countries: Lebanon, Indonesia, and Tunisia... and even these three seek every pretext to withdraw the Party's registration...
For your information, the practice of parties sufficing with only "notification and information" is a legacy of the Ottoman State. The Law of Parties in the year 1909 required a party only to inform them of its address and official headquarters. This law is even still in effect in Lebanon because they have not agreed on an alternative law until now; therefore, their registration of the Party there stated: "with reference to the 1909 law of the Ottoman State."
In summary, what is Haram in Dar al-Kufr is Haram in Dar al-Islam; meaning that alcohol is Haram in Dar al-Kufr and Dar al-Islam. If a Muslim drinks alcohol while in Dar al-Kufr, he has committed a Haram act...
Similarly, regarding the Mubah (permissible): if adhering to administrative matters—such as working hours from eight in the morning until two in the afternoon—is permissible in Dar al-Islam, it is likewise permissible in Dar al-Kufr. This applies to registering the Party, or obtaining an identity card, or a passport... However, it is not permissible to register the Party on the condition of adhering to the laws of Kufr; this is Haram. Likewise, it is not permissible to obtain an identity card on the condition of drinking alcohol; this is not allowed... and so on.
This means that administrative matters, if they are permissible in Dar al-Islam, are permissible in Dar al-Kufr as long as they do not require the commission of a Haram act. What took place regarding the registration of the Party in Indonesia is an administrative matter of notification and information without any commitment to the laws of Kufr. Any country that accepts our registration administratively as a matter of notification and information without a commitment to Kufr laws, then it is permissible. But if they stipulate a commitment to the laws of Kufr, then it is Haram and not allowed. I hope the matter has become clear to you.
Your brother, Ata Bin Khalil Abu Al-Rashtah
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