Question

For months now there has been continuous violence in Egypt from killings, arrests, vandalism and destruction on the streets and squares. Normal life has been suspended, and people have been divided into two obvious groups. Mediators from the United States, Europe, and even Russia have appeared in this atmosphere and began to form contacts with Egypt, it is not farfetched that even China may intervene! Similarly some local mediators have intervened, partisan and non-partisan from stakeholders on the inside to attempt mediation and reform ...but without reaching a result. It attracted our attention that Hizb ut Tahrir, which is trusted and respected by everybody who knows it, did not intervene, neither for mediation nor for reform or reconciliation. Surely the Messenger's (saw) saying is not unknown to them:

«أَلَا أُخْبِرُكُمْ بِأَفْضَلَ مِنْ دَرَجَةِ الصِّيَامِ وَالصَّلَاةِ وَالصَّدَقَةِ؟ قَالُوا: بَلَى، يَا رَسُولَ اللَّهِ قَالَ: «إِصْلَاحُ ذَاتِ الْبَيْنِ، وَفَسَادُ ذَاتِ الْبَيْنِ الْحَالِقَةُ

"Shall I not inform you of the highest degree of fast, prayer and charity?" They said: "Yes, oh Messenger of Allah." He said: "Reconciliation amongst the people, while corruption amongst the people cuts off the rope."

Is there a reason for the non-interference of the Hizb in mediation or reconciliation or reform? Wa Jazakum Allah Khair.

Answer

First: First of all, we thank you for your trust in the Hizb and high expectations of it, and ask Allah to guide all of us to the wisest of matters, and Allah Almighty hears and responds.

Indeed, the Hadeeth of the Messenger of Allah (saw), narrated by Abu Dawood from Umm Darda' from Abu Darda' is not unknown to us:

«أَلَا أُخْبِرُكُمْ بِأَفْضَلَ مِنْ دَرَجَةِ الصِّيَامِ وَالصَّلَاةِ وَالصَّدَقَةِ؟» قَالُوا: بَلَى، يَا رَسُولَ اللَّهِ قَالَ: «إِصْلَاحُ ذَاتِ الْبَيْنِ، وَفَسَادُ ذَاتِ الْبَيْنِ الْحَالِقَةُ»

"Shall I not inform you of the highest degree of fast, prayer and charity?" They said: "Yes, oh Messenger of Allah." He said: "Reconciliation amongst the people, while corruption amongst the people cuts off the rope."

Nevertheless reconciliation and reform must take place to implement the Shariah, not to implement anything else. Reconciliation and reform do not hold any good if they turned the Haram into Halal, or the Halal into Haram. This is what we were commanded by the Messenger of Allah (saw) in his noble Ahadeeth, including:

Abu Dawood reported in his Sunan from Abu Hurayrah who said:

قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: «الصُّلْحُ جَائِزٌ بَيْنَ الْمُسْلِمِينَ» زَادَ أَحْمَدُ، «إِلَّا صُلْحًا أَحَلَّ حَرَامًا، أَوْ حَرَّمَ حَلَالًا» وَزَادَ سُلَيْمَانُ بْنُ دَاوُدَ، وَقَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ:الْمُسْلِمُونَ عَلَى شُرُوطِهِمْ

The Messenger of Allah (saw) said: "Reconciliation amongst the Muslims is permissible." And Ahmad added: "Except a reform that permits the Haram or prohibits the Halal." And Suleiman Bin Dawood added: "And the Messenger of Allah (saw) said: "The Muslims are bound by their conditions."

At-Tirmidhi reported in his Sunan from Katheer Bin Abdullah Bin Amr Bin Auf Al-Mazni, from his father, from his grandfather, that the Messenger (saw) said:

«الصُّلْحُ جَائِزٌ بَيْنَ المُسْلِمِينَ، إِلَّا صُلْحًا حَرَّمَ حَلَالًا، أَوْ أَحَلَّ حَرَامًا، وَالمُسْلِمُونَ عَلَى شُرُوطِهِمْ، إِلَّا شَرْطًا حَرَّمَ حَلَالًا، أَوْ أَحَلَّ حَرَامًا»

"Reconciliation amongst the Muslims is permissible, except a reconciliation that permits the Haram or prohibits the Halal. The Muslims are bound by their conditions, except a condition that prohibits a Halal or permits a Haram." At-Tirmidhi said: "This is a Hadeeth Hasan Sahih."

It was also reported by Ibn Hibban in his Saheeh from Abu Hurayrah with the wording:

قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: الصُّلْحُ جَائِزٌ بَيْنَ الْمُسْلِمِينَ إِلَّا صُلْحًا أَحَلَّ حَرَامًا أَوْ حَرَّمَ حَلَالًا

The Messenger of Allah (saw) said: "Reconciliation amongst the Muslims is permissible, except a reconciliation that permits the Haram or prohibits the Halal."

Second: We have reflected on the issue of the two groups, and what we found out was most astonishing.
We did not find them quarreling to govern the laws of Allah, as if one group was ruling by it and the other was not. Rather both groups did not rule by the Shariah within the former regime nor the later regime!

We did not find them quarreling over the provisions of a Constitution consisting of the Shar'i provisions, rather it is a constitution of man-made law that was invalid under the previous government, and is even more invalid under the current government?

Similarly they do not differ in their stances toward the Jewish entity and the Camp David Accord, which was enforced in the previous government, and is still in effect under the current government? Nor do they quarrel in their opinions about the flow of gas to the Jewish entity, which is flowing to them today just as it did before?

Also they do not differ over the action to take in the Suez Canal towards the passage of ships from the states with whom there is an actual state of warfare, rather these ships pass by it today as they passed by before?

They do not quarrel over the public ownership of oil, gas and metals... which are the right of the Muslims and should be distributed among them ...rather they are swelling the pockets of the sharks in the land of Egypt today, just as they did before today?
Finally they do not quarrel over the relations with America, rather they continue without interruption, and their rope is strongly stretched out to them today as it was before today?

Third: We recognize that the people of Egypt, Allah's Quiver (for arrows) on His earth, will neither gain goodness nor peace as long as one of the two groups drives the army to transform Egypt into a battlefield instead of transforming the land of the enemy into a war zone. And the other team pushes people to take the streets of Egypt as arena for conflict, to win by establishing vicious secular rule, instead making the streets of Egypt the square from which the just Khilafah "Caliphate" system emerges.

They do not attain goodness, security or peace. Both groups call for the secular republic and the civil state, casting Islam aside. They call for democracy that legislates without Allah and gives sovereignty to the people rather than the Lord of the people.
Nor will they attain goodness, security or peace, as both groups place a constitution from other than what Allah has sent down from authority.

Thereby they leave the constitution of the Lord of the Worlds, in which Allah has revealed provisions for the benefit and goodness of the Ummah:

أَلَا يَعْلَمُ مَنْ خَلَقَ وَهُوَ اللَّطِيفُ الْخَبِيرُ

"Does He who created not know, while He is the Subtle, the Acquainted?" [Al-Mulk: 14]

They will not attain goodness, security or peace, while the Camp David Accord between the Jewish entity that usurped Palestine and between the former regime and the subsequent regime is still intact, instead of immediately canceling it and throwing it into the dustbin of history.

Further they will not attain goodness while gas is flowing to the Jewish entity, the violator of Palestine rather than cutting them of. The usurper shall not be nourished from his victim's blood!

They will not attain goodness while public property is flowing into the pockets of the regime instead of being returned to its rightful owners, the great people of Egypt.

They will not attain goodness while the relations with America are intact, and America's rope extends from Washington to Cairo, instead of cutting it off.

Finally, they will not attain goodness unless Egypt, Allah's Quiver on earth, returns to be one of the pillars of the Khilafah "Caliphate" and its history is repeated: The day that it was liberated from the rule of the Romans... it then expelled the Crusaders from the land of Palestine and around Palestine, and liberated the Muslim countries from the Tatars ...Then its path will be completed - Bidhnillah - by liberating Palestine from the Jewish entity, that will be no more than a trace in history.

Fourth: We have studied both groups and found them looking for a solution from the east and west, from home and abroad, mediators from here and there, but they did not find guidance. They are not qualified to find a solution, while the solution they strive for will not produce goodness:
The foreign mediators do not care about Egypt and its people. Does any sane person that possesses cognition and reflection expect a solution from America that contains goodness, when it is America that stands behind the former government, the one before that and the one that followed? America stands behind the killing in the era of the former regime, the one before it and the one that followed, not interested in the number of deaths and the magnitude of devastation. Their only interest is to stabilize their influence in Egypt and to maintain it. Their past and even their present in Iraq and Afghanistan bear witness to that. Does someone like that seek to find a correct, peaceful solution for Egypt and the people of Egypt? Does Obama and his envoy Kerry want good for Egypt and the people of Egypt? These are bound by their interests; they do not want any good for Islam and Muslims.

Does any conscious person, possessor of vision and insight, expect a solution with goodness from Europe? Britain and its agents were behind the abolition of the Khilafah "Caliphate" in the year 1342 AH - 1924 CE. It is the sworn enemy of the Khilafah "Caliphate" and those who work for it. Britain is behind the ill-fated Balfour Declaration, and a main supporter of the violation of Palestine by the Jews and the displacement of its people, and then the establishment of an entity for the Jews on the land of Palestine, the land of al-Isra' wa al-Mi'raj, the land of al-Ribat, along with the United States, France and Russia... As for France, on top of being one of the early supporters of the Jewish entity, it has a recent morbid history in the killing of Muslims in Algeria, and even in Mali, which has not yet dried from the blood. As for Russia, its movements in our region after the demise of the Soviet Union are movements in agreement with the United States and its preamble. On top of that, their support of the tyrant of ash-Sham is well-known, as well as their massacres of Muslims in the Caucasus, especially Chechnya, and the destruction of mosques in Kazan, and the arrest of Imams in Tatarstan, even the killing of some of them, and the arrest of the carriers of Islam. Is any good expected from them? As well as China which occupied East Turkistan and leads attacks on the Muslims there. Even if it intervened or mediated, will it bring about any good?

All of these external mediations do not bring along but deadly poison, since they are less concerned with the blood of the people in the land of Egypt as they are concerned with sucking blood and building interests. They are led by America which considers the land of Egypt its major stronghold in the region. Does any sane person expect grapes from the thorny bush? Do Europe's Ashton, Obama's Kerry, or any of the foreign countries mentioned, bring along goodness, or even the slightest hint of goodness?

كَيْفَ وَإِنْ يَظْهَرُوا عَلَيْكُمْ لَا يَرْقُبُوا فِيكُمْ إِلًّا وَلَا ذِمَّةً يُرْضُونَكُمْ بِأَفْوَاهِهِمْ وَتَأْبَى قُلُوبُهُمْ وَأَكْثَرُهُمْ فَاسِقُونَ

"How [can there be a treaty] while, if they gain dominance over you, they do not observe concerning you any pact of kinship or covenant of protection? They satisfy you with their mouths, but their hearts refuse [compliance], and most of them are defiantly disobedient." [At-Tawba: 8]

Whereas the mediators from the inside are trapped in a vicious circle: They want a solution through what is offered by two groups who wish to maintain the Republican system, and civilian secular rule, and democracy that gives the right of legislation to humans without the Lord of humans, and the sovereignty to the people rather than to the Lord of the people, and releases personal, and religious freedom, as well as the freedom of ownership and opinion, with all that these freedoms drag along from scourge. This is the work of the mediators. They call this group to give up something, and the other group to give up something, and agree on the same system that is the cause of affliction and misery! Which hurts most, is that some of these mediators are Muslims who read in the book of Allah:

وَأَقِيمُوا الصَّلَاةَ

"And establish prayer" [Al-Baqarah: 43]

Therefore they pray and refuse to abandon prayer. They read another Ayah in the Book of Allah:

وَأَنِ احْكُمْ بَيْنَهُمْ بِمَا أَنْزَلَ اللَّهُ

"And judge, [O Muhammad], between them by what Allah has revealed" [Al-Ma'ida: 49]

But they give up on this and are "embarrassed" to mention the application of the Hudud (fixed punishments). Panic would enter their hearts if the two groups demanded the Khilafah "Caliphate" system, because they fear the wrath of America, Europe, Russia and China. Verily, this is a strange matter!

Fifth: Thus the current mediators from home and abroad will not find a sound, straight solution for the problems of the land of Egypt and its people. Rather there is a single solution. It is that everyone leads with their hearts and all of their energy towards the implementation of the law of Allah in the Khilafah "Caliphate" system, as enjoined by Allah, the Lord of the Worlds, in straightforward evidence from the Book of Allah and the Sunnah of His Messenger (saw) and the consensus of His Companions (ra):

As for the Book: The Almighty said, addressing the Prophet (saw):

فَاحْكُمْ بَيْنَهُمْ بِمَا أَنْزَلَ اللَّهُ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ عَمَّا جَاءَكَ مِنَ الْحَقِّ

"So judge between them by what Allah has revealed and do not follow their inclinations away from what has come to you of the truth." [Al-Ma'ida: 48]

And His saying:

وَأَنِ احْكُمْ بَيْنَهُمْ بِمَا أَنْزَلَ اللَّهُ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ وَاحْذَرْهُمْ أَنْ يَفْتِنُوكَ عَنْ بَعْضِ مَا أَنْزَلَ اللَّهُ إِلَيْك

"And judge, [O Muhammad], between them by what Allah has revealed and do not follow their inclinations and beware of them, lest they tempt you away from some of what Allah has revealed to you." [Al-Ma'ida: 49]

In addition to other verses. The address directed at the Messenger (saw) to rule amongst them with what has been revealed by Allah is an address to his (saw) Ummah. The underlying concept is for the Ummah to find a ruler after the Messenger of Allah (saw) to judge between them as Allah has revealed. The command in speech is a tool of assertiveness, because the content of the command is obligatory. This is an evidence of assertiveness as defined in the Islamic legal methodology (Usul). The ruler that rules with what Allah has revealed among the Muslims after the Messenger of Allah (saw) is the Khaleefah. And the respective system of governance is the Khilafah "Caliphate" system.

As for the Sunnah: It was narrated from Nafi' who said: "Abdullah Bin Umar told me: "I heard the Messenger of Allah (saw) say:

«من خلع يداً من طاعة لقي الله يوم القيامة لا حجة له، ومن مات وليس في عنقه بيعة مات ميتة جاهلية»

"Whoever retracts his hand from obedience will meet Allah on the day of resurrection with no argument for himself. And whoever dies without a

Bayah in his neck has died a death of Jahiliyyah." [Reported by Muslim]

The Prophet (saw) has obliged every Muslim to carry a Bayah in his neck, and described the one who dies without a Bayah in his neck as having died a death of Jahiliyyah, thus indicating the graveness of the sin. The Bayah goes to the Khaleefah after the Prophet (saw), to no one else.

Muslim narrated from Al-A'raj from Abu Hurayrah from the Prophet (saw) who said:

«إنما الإمام جُنة يُقاتَل من ورائه ويُتقى به»

"The Imam is a shield. From behind him you fight and behind him you find protection."

Further, Muslim narrated from Abu Hazim who said: "I lived with Abu Hurayrah for five years, and heard him speaking of the Prophet (saw), who said:

كانت بنو إسرائيل تسوسهم الأنبياء، كلما هلك نبي خلفه نبي، وإنه لا نبي بعدي، وستكون خلفاء فتكثر، قالوا فما تأمرنا؟ قال: فُوا ببيعة الأول فالأول، وأعطوهم حقهم، فإن الله سائلهم عما استرعاهم

"Bani Israel were led by the Prophets. Whenever a Prophet perished, another Prophet followed him. There is no Prophet after me, but there will be Khulafa' who will increase in number. They said: ‘What do you order us?' He said: ‘Obey the one who is given the Bayah first, and give them their right. For Allah will ask them about what He placed under their guardianship.'"

These Ahadeeth contain a description of the Khaleefah as a shield, i.e. a protection. These Ahadeeth also contain the fact that the ones who lead the Muslims are the Khulafa'. Thereby these Ahadeeth state a request for their establishment.

As for the Consensus of the Companions: They (ra) agreed on the necessity of the establishment of a Khaleefah to the Messenger of Allah (saw) after his death. The consensus of the companions over the establishment of a Khaleefah was confirmed by the delayed burial of the Messenger of Allah (saw) after his death, and their best effort to appoint a Khaleefah to him, although the burial of the dead after his death is an obligation. The companions who had to engage in the processing of the Prophet (saw) and his burial, a part of them worked for the appointment of the Khaleefah, while the other part took care of the burial of the Prophet (saw). The other companions remained silent over this effort, and participated in delaying the burial for two nights although they would have been able to object and hold the burial. The Prophet (saw) died Monday morning, and remained without burial through Tuesday night and Tuesday, when Abu Bakr (ra) was given the Bayah. Then the Messenger (saw) was buried in the middle of the night, in the night to Wednesday. Therefore the burial was delayed for two nights and Abu Bakr was given the Bayah before the burial of the Prophet (saw). Hence there was a consensus on the priority of engaging in the appointment of the Khaleefah over the burial of the dead, which is evidence for the enormity of the obligation to appoint a Khaleefah.

Thus, the duty of Muslims when there is no ruler who rules by Islam, The Khalifah, is to exert their effort to find one. As he is the one who implements the proscribed punishments (hudood) that are made obligatory by Allah, the Lord of the Worlds, which is a great obligation that brings goodness for the Ummah and straightening it. Directed by Ibn Majah in his Sunan Abu Hurayrah said: RasulAllah (saw) said:

«حَدٌّ يُعْمَلُ بِهِ فِي الْأَرْضِ، خَيْرٌ لِأَهْلِ الْأَرْضِ مِنْ أَنْ يُمْطَرُوا أَرْبَعِينَ صَبَاحًا»

"Carrying out a proscribed punishment (hadd) on the earth is better than forty days of rain".

This is the solution to the problems of Egypt and the Muslim countries, it brings the good for them and the impact of this goodness spreads to the world.

Sixth: We have been watching the events and saddened to see blood and destruction, and it was more saddening that the parties are all looking for a solution everywhere except in Islam, which they believe in and they pray and fast and worship Allah!

Since we do not see a solution, except that the parties accept the Khilafah "Caliphate" system, and because those parties were distancing themselves from the Khilafah "Caliphate" system and from the people working for it's return, we feared that our reform between the two sides, by offering the Khilafah "Caliphate" system, will be like a call in the air or blowing in the ashes. So we chose to anticipate and to stay away, perhaps Allah will bring about after that a different matter.

This is what prevented us from intervention. Despite of our communications with both teams, the leaders of the two teams are not accepting the Khilafah "Caliphate" and its people, and their hearts are fearful to mention the Khilafah "Caliphate" for fear of provoking the West, as they say. So if this is their stand, how can we engage in mediation or reconciliation between them?

We are prepared to exert efforts in the reconciliation between them, but to bring them on the Khilafah "Caliphate" system. If we learn from the two teams, that they are embarking on arbitrating Allah's law, and are ready to announce the Khilafah "Caliphate", and raise the banner, the banner of Alokab, the banner of "There is no god but Allah and Mohammed is the Messenger of Allah", then we will not spare any effort in so. We will be prepared to mediate between the two teams to bring them on a single system, that is the Khilafah "Caliphate" system. We are able, by Allah's will, to put it in place, in terms of the procedures for the establishment of the Khilafah "Caliphate", and its stability, security and safety. As well as the return of Egypt, Kenana of Allah in His land, again powerful by it's Lord, and degnified by it's religion. Egypt that eliminates the enemies of Allah, and strikes anyone who wants evil to Islam and Muslims and the people of the dhimma in it's land.

We know what we say, and we mean what we say, and anyone who knows Hizb ut Tahrir, its past and present confirms this, and then Allah will assist.

This is how reconciliation and reform should be, and this is the way we follow. Perhaps the two teams, after the humbleness and misery that they suffered from, realize that the right solution to the problems of the Ummah is the Khilafah "Caliphate" system. It is the system of the Lord of the worlds, the Most Knowing and the Wisest for what amends His servants in the world and the Hereafter. The approval of the two teams on that will perhaps be the cause for the return of the glorious history of this Ummah that Allah described as:

(كُنْتُمْ خَيْرَ أُمَّةٍ أُخْرِجَتْ لِلنَّاسِ تَأْمُرُونَ بِالْمَعْرُوفِ وَتَنْهَوْنَ عَنِ الْمُنْكَرِ وَتُؤْمِنُونَ بِاللَّهِ)

"You are the best nation produced [as an example] for mankind. You enjoin what is right and forbid what is wrong and believe in Allah" {Ali-Imran: 110}

So that the Khilafah "Caliphate" is restored once again, and Islam and its people are honored, and the Kufr and its people are humiliated, and the goodness spread throughout the world, and that is not difficult for Allah.

In conclusion, we realize that someone will describe us as "They are people who dream", and another will describe us as "Their religion has deluded them", and a third one will say, "We live in a world that is controlled by America and the West". While a fourth will conclude saying, "The Khilafah "Caliphate" was ended and will not return".....

But at the same time we realize that Allah the Almighty says:

وَعَدَ اللَّهُ الَّذِينَ آمَنُوا مِنْكُمْ وَعَمِلُوا الصَّالِحَاتِ لَيَسْتَخْلِفَنَّهُمْ فِي الْأَرْضِ كَمَا اسْتَخْلَفَ الَّذِينَ مِنْ قَبْلِهِمْ وَلَيُمَكِّنَنَّ لَهُمْ دِينَهُمُ الَّذِي ارْتَضَى لَهُمْ وَلَيُبَدِّلَنَّهُمْ مِنْ بَعْدِ خَوْفِهِمْ أَمْنًا يَعْبُدُونَنِي لَا يُشْرِكُونَ بِي شَيْئًا وَمَنْ كَفَرَ بَعْدَ ذَلِكَ فَأُولَئِكَ هُمُ الْفَاسِقُونَ

"Allah has promised those who have believed among you and done righteous deeds that He will surely grant them succession [to authority] upon the earth just as He granted it to those before them and that He will surely establish for them [therein] their religion which He has preferred for them and that He will surely substitute for them, after their fear, security, [for] they worship Me, not associating anything with Me. But whoever disbelieves after that - then those are the defiantly disobedient". ]An-Nur: 55[

We also realize that the Prophet (swa) says as narrated by Ahmad and Abu Dawood Al-Tayaalisi from Hudhayfah ibnu al-Yaman, who said: RasulAllah (saw) said:

إِنَّكُمْ فِي النُّبُوَّةِ مَا شَاءَ اللَّهُ أَنْ تَكُونَ، ثُمَّ يَرْفَعُهَا إِذَا شَاءَ أَنْ يَرْفَعَهَا، ثُمَّ تَكُونُ خِلَافَةٌ عَلَى مِنْهَاجِ النُّبُوَّةِ، فَتَكُونُ مَا شَاءَ اللَّهُ أَنْ تَكُونَ، ثُمَّ يَرْفَعُهَا إِذَا شَاءَ أَنْ يَرْفَعَهَا، ثُمَّ تَكُونُ مُلْكًا عَاضًّا، فَيَكُونُ مَا شَاءَ اللَّهُ أَنْ يَكُونَ، ثُمَّ يَرْفَعُهَا إِذَا شَاءَ أَنْ يَرْفَعَهَا، ثُمَّ تَكُونُ جَبْرِيَّةً، فَتَكُونُ مَا شَاءَ اللَّهُ أَنْ تَكُونَ، ثُمَّ يَرْفَعُهَا إِذَا شَاءَ أَنْ يَرْفَعَهَا، ثُمَّ تَكُونُ خِلَافَةٌ عَلَى مِنْهَاجِ النُّبُوَّةِ

"Prophethood will last among you for as long as Allah wills. Then Allah will take it away. Then it will be (followed by) a khilafah Rashida (rightly guided) on the pattern of Prophethood. It will remain for as long as Allah wills, then Allah will take it away. Afterwards there will be a hereditary leadership which will remain for as long as Allah wills, then He will lift it if He wishes. Afterwards there will be biting oppression, and it will last for as long as Allah wishes, then He will liftit if He wishes then there will be a Khilafah "Caliphate" Rashida according to the ways of the Prophethood. Then he kept silent".

Every sane person with heart, and a possessor of vision and insight realizes that the words of those is rejected and void, and has no value in the eyes of the wise men. While the words of Allah the Almighty and the words of His Messenger (saw) is the truth and that it will be.

(فَمَاذَا بَعْدَ الْحَقِّ إِلَّا الضَّلَالُ فَأَنَّى تُصْرَفُونَ)

"And what can be beyond truth except error? So how are you averted?" {Yunus: 32}

Finally, the conclusion is that we watch the situation and communicate what we can with both parties perhaps Allah will bring about after that a different matter.

(إِنَّ اللَّهَ مَعَ الَّذِينَ اتَّقَوْا وَالَّذِينَ هُمْ مُحْسِنُونَ)

"Indeed, Allah is with those who fear Him and those who are doers of good"{An-nahl:128}

(وَنُرِيدُ أَنْ نَمُنَّ عَلَى الَّذِينَ اسْتُضْعِفُوا فِي الْأَرْضِ وَنَجْعَلَهُمْ أَئِمَّةً وَنَجْعَلَهُمُ الْوَارِثِينَ)

"And We wanted to confer favor upon those who were oppressed in the land and make them leaders and make them inheritors" ]Al-Qasas: 5[

(وَاللَّهُ غَالِبٌ عَلَى أَمْرِهِ وَلَكِنَّ أَكْثَرَ النَّاسِ لَا يَعْلَمُونَ)

"And Allah is predominant over His affair, but most of the people do not know" {Yusuf: 21}

Question

Assalam Alaikum Wa Rahmatullah Wa Barakaatuhu

Your Sister in the Aqeedah, Medinat Yuziva.

To the honourable scholar Ata Bin Khalil Abu Al-Rashta, the Ameer of Hizb ut Tahrir may Allah safeguard and look after him. I direct the following to you:

I am Chechynian; I have lived in Belgium for 14 years where the majority of the Chechen Community resides. Recently there has been a lot of talk and queries regarding children's vaccination in Islam, i.e. vaccination against measles, polio, hepatitis, mumps, tuberculosis, and other forms of vaccinations. There is a big anti-vaccination movement here; their reasons they say are due to the side effects after taking the vaccine, which are growing steadily. In their view, this is a harm that we are not allowed to subject our healthy children to; and taking medicine to be cured is not obligatory, so taking it for prevention from the disease is no doubt of a lesser degree. They say that vaccination is the transfer of microbes into the child's body which is prohibited in addition to the fact that the vaccines are taken from animals like monkeys as an example. (The end of their view).

The question is: What is the reality of vaccination and what is the Shar' ruling on it? And will vaccination with all its different types be available in the Khilafah "Caliphate" State?

Half of the Muslim community here do not vaccinate their children and their number is rising.
It has become the obvious and strong Hukm Shari' (Islamic ruling) which has become unavoidable, can you please give answer with as much clarity and details as you can. Jazak Allah Khair from us and the Muslims.

Assalamu Alaikum Wa Rahmatullah Wa Barakaatuhu

Answer

Wa Alaikumu as-Salaam wa Rahmatullah wa Barakatuhu

Vaccination is a medicine, to seek medicine is recommended not obligatory; the evidences for this are:

1. Narrated by Bukhari from Abu Huraira that he said that the Prophet (saw) said: «مَا أَنْزَلَ اللَّهُ دَاءً إِلَّا أَنْزَلَ لَهُ شِفَاءً» "Allah has not sent down a disease except that He has also sent down its cure."

Muslim narrated from Jabir Ibn Abdullah from the Prophet that he said: لِكُلِّ دَاءٍ دَوَاءٌ، فَإِذَا أُصِيبَ دَوَاءُ الدَّاءِ بَرَأَ بِإِذْنِ اللهِ عَزَّ وَجَلَّ "Every illness has a cure, and when the proper cure is applied to the disease, it ends it, by the permission of Allah Azza wa Jal."

Narrated by Ahmad in his Musnad from Abdullah Ibn Mas'ood: مَا أَنْزَلَ اللَّهُ دَاءً، إِلَّا قَدْ أَنْزَلَ لَهُ شِفَاءً، عَلِمَهُ مَنْ عَلِمَهُ، وَجَهِلَهُ مَنْ جَهِلَهُ "AIIah has not sent down a disease except that He also sent down its cure; whoever knows it (the cure), knows it, and whoever is unaware of it (the cure), he is unaware of it"

These hadeeths contain instructions; for every disease there is medicine that cures it; this is an encouragement to seek medicine that can cure the disease by the permission of Allah (swt); it is an instruction and not an obligation.

2. Ahmad narrated from Anas that the Prophet (saw) said: «إِنَّ اللَّهَ حَيْثُ خَلَقَ الدَّاءَ، خَلَقَ الدَّوَاءَ، فَتَدَاوَوْا» "There is no disease that Allah has created except that He also has created its remedy, so seek medicine."

Abu Dawoud narrated from Usama Ibn Shareek that he said; I approached the Prophet (saw) and his companions, they appeared as if they had birds sitting on their heads, I extended my greetings and sat down, then many Bedouins came from here and there and asked: ‘O Messenger of AIIah, should we seek medicine?' He said: تَدَاوَوْا فَإِنَّ اللَّهَ عَزَّ وَجَلَّ لَمْ يَضَعْ دَاءً إِلَّا وَضَعَ لَهُ دَوَاءً، غَيْرَ دَاءٍ وَاحِدٍ الْهَرَمُ أي إلا الموت "Yes, O slaves of AIIah, seek medicine, for AIIah has not created a disease except that he has also created its cure, except for one illness.' They said, ‘And what is that?' He said, ‘Al-Haram' [death]" I.e. except for death.

In the first hadeeth, he (saw) commanded to seek medication, and in this hadeeth his answer to the Bedouins was to seek medicine for Allah did not send a disease except that He sends the cure. The speech in both hadeeths came in the command format which means a general order and not an obligation; unless the subject is regarding a definite issue. The definite command requires a Qareena (an indication) to its presence. In both hadeeth there are no Qareena present that indicates the obligation. In addition there has been narrations of hadeeths that indicates the permissibility of not seeking medicine, which negates the indication of the obligation from both hadeeths.

Muslim narrated from Imran Ibn Haseen that the Prophet (saw) said: يَدْخُلُ الْجَنَّةَ مِنْ أُمَّتِي سَبْعُونَ أَلْفًا بِغَيْرِ حِسَابٍ»، قَالُواوَمَنْ هُمْ يَا رَسُولَ اللهِ؟ قَالَ: هُمُ الَّذِينَ لَا يَكْتَوُونَ وَلَا يَسْتَرْقُونَ، وَعَلَى رَبِّهِمْ يَتَوَكَّلُونَ "Seventy thousand from my Ummah shall enter Jannah without any reckoning" They said who are they O Allah's Messenger? He said: "They are the ones who do not get themselves branded (cauterized) nor they treat themselves with Ruqqya, and they trust in Allah."

Ruqqya and cauterization is a form of medicine.

Bukhari narrated from Ibn Abbas that he said: "This black woman came to the Prophet (saw) and said: "I have (epileptic) seizures, and I get exposed, so supplicate to Allah for me." He (saw) said: إِنْ شِئْتِ صَبَرْتِ وَلَكِ الجَنَّةُ، وَإِنْ شِئْتِ دَعَوْتُ اللَّهَ أَنْ يُعَافِيَكِفَقَالَتْأَصْبِرُ، فَقَالَتْ: إِنِّي أَتَكَشَّفُ، فَادْعُ اللَّهَ لِي أَنْ لاَ أَتَكَشَّفَ، فَدَعَا لَهَا...: " If you wish, be patient and you will

attain Jannah; or if you wish, I will ask Allah to cure you."

She replied, "I will be patient ! But my body gets exposed (because of the fall), so supplicate to Allah for me that I do not become exposed." and he (saw) made supplication for her."

These two hadeeths indicate the permissibility of not seeking medication.

This explains all of the issue:

"فتداووا"، "تداووا" to "seek medicine" is not an obligation, therefore it is either permissible or recommended. The extent of encouragement by the Prophet (saw) to seek medication makes the command of seeking medicine that is mentioned in the hadeeth recommended. Therefore the ruling on vaccination is that it is recommended, because vaccination is a medicine; to seek the cure is recommended. Except in the case when it is proven that a specific type of vaccine is harmful, e.g. its ingredients are expired or is harmful for some reason, then vaccination in this situation it is prohibited according to the principle of harm that was mentioned in the hadeeth of the Prophet (saw) that was extracted by Ahmad in his Musnad from Ibn Abbas that the Prophet (saw) said: «لَا ضَرَرَ وَلَا ضِرَارَ» "There should be neither harming, nor reciprocating harm." Other than that, these cases are rare.

As for the Khilafah "Caliphate" State, there will be vaccinations against diseases available as is required, for instance, the contagious diseases and so on. The medicine would be free from any impurities. Allah (swt) is Ash-Shafi (grants the cure), وَإِذَا مَرِضْتُ فَهُوَ يَشْفِينِ "And when I am ill, it is He who gives me the cure" [Ash-shu'ara: 80]

What is known from the Shariah is that health care is an obligation on the Khaleefah in his role of looking after the affairs of the people, and according to the saying of the Prophet (saw): «الإِمَامُ رَاعٍ وَهُوَ وَمَسْؤُولٌ عَنْ رَعِيَّتِهِ» "The Imam is a Shepherd and he is responsible for those under his care." Extracted by Bukhari from Abdullah Ibn Umar; it is a general text regarding the responsibility of the state to show that health and medical care are the obligation of the state in its role to look after the affairs of the people.

There is also specific evidence regarding health and medical care: Muslim extracted from Jaber that he said: بَعَثَ رَسُولُ اللَّهِ صلى الله عليه وسلم إِلَى أُبَيِّ بْنِ كَعْبٍ طَبِيبًا فَقَطَعَ مِنْهُ عِرْقًا ثُمَّ كَوَاهُ عَلَيْهِ"The Prophet (saw) sent a physician to Ubai Ibn Ka'b, he cut one vein from him then he cauterized over it."

Al-Hakim extracted in Al Mustadrak from Zaid Ibn Aslam from his father he said: مَرِضْتُ فِي زَمَانِ عُمَرَ بِنَ الْخَطَّابِ مَرَضاً شَدِيداً فَدَعَا لِي عُمَرُ طَبِيباً فَحَمَانِي حَتَّى كُنْتُ أَمُصُّ النَّوَاةَ مِنْ شِدَّةِ الْحِمْيَةِ "I suffered a severe illness during the time of Umar Ibn Alkhatab, he sent me a physician who gave me a strict diet, I used to suck on the date stone."

The Prophet (saw) in his capacity as a leader sent a doctor to Ubai and Umar (ra) the second rightly guided Khaleefah also sent a doctor to Aslam to provide him with medication. They are both evidences that health and medical care are from the basic needs of welfare that the state is obliged to provide for free to those under its care.

Your brother,
Ata Bin Khalil Abu Al- Rashtah

The link for the answer from the Ameer's Facebook page

News

Today's Loya Jirga (Grand Traditional Meeting) is arranged under the guise of advisory meeting (Shura) in order to sign Bilateral Security Agreement (BSA) with the colonial crusaders.

Comment

This meeting is designed in a complete animosity against Islam and Muslim Ummah. We as the Islamic Ummah strongly condemn this action of the puppet government and present the following points based on Islamic Politics and looking after affairs of the Ummah:

• Advise to make a forbidden (Haram) action as legal (Halal) is not allowed in Islam (Haram). And assistance from Kafir states, who are in a state of war with the Islamic Ummah is also considered as illegal (Haram). Meanwhile, Strategic Pacts, Security Agreements and Financial Aids are just those instruments and tools that are used by the colonial states for national legitimization of their crimes and to provide a justification so that the political and historic responsibility falls on the shoulders of the so-called people's representatives in the Jirga.

• Today it is as clear as the sun that the Mujahid and Muslim nation of Afghanistan is against signing the BSA with the colonial crusaders. However, Afghan puppet government has tried to label the opposite figures as the agents of neighboring countries, e.g. Iran and Pakistan. As a result, puppet government has labeled the honest sons and those who struggle against crusaders colonization; as Irani and Pakistani agents.

Nonetheless Iran has played the puppet role in cases such as Afghanistan, Iraq and Syria. As well as Pakistan is also busy in serving the interests of their American master in Northern Waziristan and elsewhere. Therefore, the governments of Afghanistan, Pakistan and Iran are on the same table.

• Mujahid and Muslim nation of Afghanistan has always expressed their strongest hatred towards the puppet government and its so called Jirga's, meetings, and so called representatives. Because based on the BSA and strategic pacts permanent influence of the enemy is ensured on our beloved Ummah and land. Allah (swt) has put Ashab-e-Kahf in a similar position and states their stance as:

(إِنَّهُمْ إِن يَظْهَرُوا عَلَيْكُمْ يَرْجُمُوكُمْ أَوْ يُعِيدُوكُمْ فِي مِلَّتِهِمْ وَلَن تُفْلِحُوا إِذاً أَبَداً)

"For, if they appear in front of you, they will stone you to death or restore you to their religion. Then you will never prosper." [Kahf: 20]

It is therefore upon the Mujahid and Muslim nation of Afghanistan to stand against the traitors, tyrants and their Jirgas that suppress us and ensure the interests of their masters. It is upon the Muslims of Afghanistan to take the stand of Ashab-e-Kahf as an example in order to prevent the further crimes and heinous act of crusaders that is implement through their ideology, and kills our people similar to what happened with

Ashab-ul-Ukhdood.

• This illegitimate Jirga is participated by the so called Ulema, Jihadi leaders, Political opportunists, bloody capitalists and bribers who are all trying to deceive public opinion. They have sold their land, dignity, honor and ideology for nothing. We have seen this process starting from Bonn ending with dozens of seminars, conferences, meetings and gatherings that never raised the standard of living of ordinary Afghans.

• Thus, Loya Jirga carries the agenda which demands the same that Dar-ul-Nadwa of Quraish demanded from the Prophet (saw). It is therefore, it has no difference with Dar-ul-Nadwa, except that the participants of Dar-ul-Nadwa were all polytheists, while participants of Loya Jirga are traitors and tyrants of the Muslims Ummah deceived by Modern Taghoot.

بَشِّرِ الْمُنَافِقِينَ بِأَنَّ لَهُمْ عَذَابًا أَلِيمًا * الَّذِينَ يَتَّخِذُونَ الْكَافِرِينَ أَوْلِيَاءَ مِن دُونِ الْمُؤْمِنِينَ* ۚ أَيَبْتَغُونَ عِندَهُمُ الْعِزَّةَ فَإِنَّ الْعِزَّةَ لِلَّـهِ جَمِيعًا

"Give glad tidings to the hypocrites that for them there is a painful punishment. * those who take unbelievers for friendship and guides instead of believers, are they seeking power or might with them? Surely, the might and power altogether belongs to Allah." [an-Nissa: 138-9]

Written for the Central Media Office of Hizb ut Tahrir by
Saifullah Mustanir
Kabul - Wilayah Afghanistan