(Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of the Visitors of his Facebook Page)
Answer to Question
To Lone Traveller
Question:
(Assalamu Alaikum our honorable Ameer: We say that establishment of Khilafah and Jihad are different obligations justifying the point that Jihad can't be the methodology to establish the Khilafah. Can you explain that these two are different obligations? May Allah (swt) accept you and give you the responsibility to guide the Ummah) end
Translation of the Question:
(Peace be upon you, our honorable Ameer: We say that the Khilafah is an obligation and Jihad is another obligation, and that Jihad is not the method for establishing the Khilafah... I hope for a clarification of the matter... We ask Allah, Subhânahu wa Ta'âlâ, to accept from you and bless you with the leadership of the Ummah.)
Answer:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,
There are fundamental matters that must be well understood because they clarify the answer:
The evidence required to derive a Shari’i ruling for a specific issue is the evidence pertaining to that issue itself, not evidence for a different issue: a. For example, if I want to know how to perform wudu (ablution), I look for the evidences of wudu wherever they may be, whether revealed in Makkah or Madinah. The Shari’i ruling is derived from them according to the established principles (Usul)... but I do not look for the evidences of fasting to take the ruling and method of wudu from them. b. For example, if I want to know the rulings of Hajj, I also look for the evidences of Hajj wherever they may be, whether revealed in Makkah or Madinah. The Shari’i ruling is derived from them according to the established principles, but I do not look for the evidences of prayer (Salah) to take the ruling and method of Hajj from them. c. For example, if I want to know the rulings of Jihad: whether it is an individual obligation (fard 'ayn) or a collective obligation (fard kifayah), in defense or initiation, and the rulings of conquest (fath) and spreading Islam that result from Jihad, whether the conquest was by force ('anwatan) or by treaty (sulhan)... I look for the evidences of Jihad wherever they may be, whether revealed in Makkah or Madinah. The Shari’i ruling is derived from them according to the established principles, but I do not look for the evidences of Zakat to take the ruling and details of Jihad from them. d. This applies to every issue; its evidence is sought wherever it appeared, in Makkah or Madinah, and the Shari’i ruling for the issue is taken from these evidences according to the established principles.
Now we come to the issue of establishing the Islamic State. We look for its evidences, whether revealed in Makkah or Madinah, and we derive the Shari’i ruling from them according to the established principles. a. We do not find any evidence for establishing the Islamic State except those which the Messenger of Allah (saw) explained in his Seerah (biography) in Makkah al-Mukarramah. He called to Islam secretly, creating a patient, believing kutlah (bloc/group)... then he declared it openly among the people in Makkah and during the pilgrimage seasons... then he sought Nusrah (material support/protection) from the people of power and influence (ahl al-quwwah wa al-man'ah). Then Allah (swt) honored him with the Ansar, so he migrated to them and established the State. b. The Messenger (saw) did not fight the people of Makkah to establish the State, nor did he fight any tribe to establish the State, even though he (saw) and his companions (ra) were heroes in combat, strong and pious... however, he (saw) did not use fighting to establish the State. Rather, he continued to call and seek Nusrah from the people of power until the Ansar responded to him, and he established the State. c. Then the rulings of Jihad were legislated for conquest (fath), spreading Islam, and protecting the Islamic State. Jihad was not legislated to establish the State. All of this is clear in his Seerah (saw). d. Thus, if the method of establishing the State is sought, it is taken from the action of the Messenger of Allah (saw) consisting of the Da’wah, seeking Nusrah, the response of the Ansar, and the establishment of the State... and if the rulings of Jihad are sought, they are taken from the Shari’i evidences related to Jihad. Every obligation has its evidences taken from the Shari’i evidences related to it. Thus, the establishment of the State is taken from the evidences for establishing the State, and Jihad from the evidences for Jihad, and this must be adhered to accordingly. Allah (swt) is the Granter of Success.
Your brother, Ata Bin Khalil Abu Al-Rashtah
Link to the answer from the Ameer’s Facebook page
Link to the answer from the Ameer’s website
Link to the answer from the Ameer’s Google Plus page