Series of Answers by the Eminent Scholar Ata Bin Khalil Abu al-Rashtah, Ameer of Hizb ut Tahrir, to the Questions of the Visitors to his Facebook Page "Fikri"
Answer to a Question
The Reality of Hizb ut Tahrir After the Establishment of the Khilafah
To: Munther Abu Ubaida
Question:
Assalamu Alaikum Wa Rahmatullahi Wa Barakatuhu,
In the Introduction to the Constitution, Article 21 states: "Muslims have the right to establish political parties to account the rulers or to reach governance through the Ummah."
The Question is: If the party that reaches power has a political party program, will it implement it just as parties do in current states?
Also, is it correct for the Ameer of the party—such as our party—to combine the leadership of the party and the office of the Khilafah at the same time?
If it is correct, how is the accounting of the Khalifah by the party carried out under the leadership of its Ameer, who is himself the Khalifah?
May Allah bless you, our Ameer, and bring about good through your hands.
Answer:
Wa Alaikum Salaam Wa Rahmatullahi Wa Barakatuhu,
We have issued more than one answer on this subject: on 14/08/1967 and on 26/12/2014, which contain sufficient detail, so please refer to them.
However, in brief, it is as follows:
Hizb ut Tahrir taking over governance is not like the parties existing in the world today. What reaches governance is the idea upon which the party is based, in its detailed form as adopted by the party, not the individuals of the party. The party works to bring its idea to power, not to bring its individuals to power.
However, since the party's idea cannot be properly implemented except by those who have adopted it and lived by it and for it, it is necessary that the Khalifah be from the party. It is also necessary that the Assistants (Mu’awinoon) be from the party, and the Ameer of Jihad must be from the party. These three components of the ruling apparatus must be from the party so that the idea can be implemented and its proper implementation guaranteed. As for other branches of the ruling apparatus, they may be from the party or from outside the party, according to capability and competence.
Alongside the fact that the party's idea reaching power is synonymous with the party reaching power, the party is cautious about placing the party's youth "upon the necks of the people," and it takes the utmost precaution regarding this. (It is narrated that when Umar bin al-Khattab chose the members of the Shura—the six among whom the Khilafah would be decided—he went to Ali and said to him: "O Abul Hasan, if they put you in charge of it, do not carry the Banu Hashim upon the necks of the people." He went to Uthman and said to him: "O Uthman, if you are given it, beware of carrying the Banu Umayya upon the necks of the people"). If the Khalifah is from Hizb ut Tahrir, the party's youth would be to him like the Banu Hashim were to Ali and the Banu Umayya were to Uthman; thus, it is not permissible for him to carry them upon the necks of the people.
As for the party's accounting of the ruler when the party reaches power, the answer to that is:
The party performs four tasks: Culture (Thaqafah)—both concentrated and collective—and Intellectual Struggle (Sira’ Fikri) in terms of clarifying correct ideas from false and corrupt ones. These two tasks are not subjects of "accounting" but are the party's cultural and intellectual work; thus, the party's work in them continues before and after governance alike, as they are not affected by the party assuming power.
As for the third task (Disclosing Plans), it is no longer the work of the party because the party's presence in power has eliminated the need for the party to expose colonialist plans; rather, this is performed by the state's apparatuses. What remains is the accounting of the rulers regarding the adoption of interests, which, as it was before governance, is carried out by the Wilayah (Provincial) Committees.
Just as the Wilayah Committees had the authority before governance to account the party's leadership (the Ameer and his office), this authority continues for them in accounting the party's leadership while it is in power, but specifically regarding the adoption of the Ummah's interests according to the Shariah rules and overseeing them with excellence and proficiency.
I hope this is sufficient, and Allah is All-Knowing and All-Wise.
Your brother, Ata Bin Khalil Abu al-Rashtah
04 Rabi’ al-Awwal 1445 AH Corresponding to 19/09/2023 CE
Link to the answer from the Ameer's page (may Allah protect him) on Facebook