Tunisia is living through a critical and tense situation, and this situation is intentional; done through manufacturing events and contexts in which terrorism is used to crush the will of the vulnerable and disadvantaged. Even the pure blood is employed to encroach or to remain in power.
Over the last few days the Indonesian media including Kompas, reported the plans of 3 million laborers from hundreds of thousands of companies in 40 industrial estates in Indonesia, to engage in a national strike from 28th October to 1st November 2013 due to the government's failure to meet their demands for basic employment rights.
On 22 October, on the federal TV channel Vesti 24, a so-called expert of the RF Ministry of Justice Roman Silantev, commented on the adoption of Islam by the Russian population, and the need to destroy the members of Hizb ut Tahrir physically. It should be noted that this is not the first such statement of the infamous Russian Islamophobe, previously he spoke about the destruction of so-called "vahhabits" or "Islamists"; however, this time Silantev spoke particularly about the members of the Islamic political party Hizb ut Tahrir.
Question:
Assalamu Alaikum wa Rahmat Allahu wa Barakatu
Our beloved Ameer, may Allah (swt) open the doors to Jannah and victory for you, Insha'Allah.
I was very hesitant to send you this letter, knowing how busy you are and your responsibilities and the amount of requests that you receive, so I did not want to increase the burden, but the want to address you overcame me, so excuse a mind that was overpowered by longing.
Our dear Ameer, I was confused about an issue, so I found it an excuse to address you. The following text is mentioned in the booklet "Al-Khilafah "Caliphate"": "If the Khilafah "Caliphate" was contracted to two Khulafaa' in two countries at the same time, it would not be valid for either of them, because the Muslims are not allowed to have two Khulafaa'. It is not correct to say that the Bay'ah is valid to the one that had it first because the matter is to establish a Khaleefah, not to turn it into a race, and also because it is the right of all the Muslims, not the right of the Khaleefah, so the matter must go back again to the Muslims to establish one Khaleefah in case of establishing two Khulafaa'. It is incorrect to suggest a ballot between them because the Khilafah "Caliphate" is a contract, and the ballot is not included in the contract."
So I understood that it is incorrect to cast lots in contracts, and when I checked the law of our electoral college, in the nineteenth article there is the following text: "And if two candidates have equal numbers of votes and the required number lacks one the lots are cast between them." So what is the difference between the two situations, and is our election of the electoral college not a contract? I apologize for the length, may Allah (swt) grant you victory and facilitate you and carry out victory on your hands, and by Allah I love you for Allah's sake, may Allah guide you.
Answer:
Wa Alaikum Assalam wa Rahmat Allahu wa Barakatu,
Governance is different from management, because governance requires a text alluding to it, whereas the issue of management falls under the Mubaah (permissibility) unless there is a text alluding to a certain action of management.
As for the election of the Khaleefah, Islam obligates that there be one Khaleefah for the Muslims, and he is the recipient of the first valid Bay'ah, and if another Khaleefah follows and challenges him then he is killed. The Messenger (saw) says: «إِذَا بُويِعَ لِخَلِيفَتَيْنِ، فَاقْتُلُوا الْآخَرَ مِنْهُمَا» "If two Khulafaa' were pledged allegiance, then kill the latter of them"
Narrated by Muslim on the authority of Abu Sayeed al-Khudri. And the Messenger (saw) says: «... وَإِنَّهُ لاَ نَبِيَّ بَعْدِي، وَسَيَكُونُ خُلَفَاءُ فَيَكْثُرُونَ» "... and there is no Prophet after me. There will be Khulafaa' and they will number many"
They said: What do you tell us to do? He said: «فُوا بِبَيْعَةِ الأَوَّلِ فَالأَوَّلِ... » "Fulfill the Bay'ah to them one after the other"
Meaning that the one who takes command and is given a valid Bay'ah before anyone else is the recipient of the Bay'ah that must be fulfilled, and the second Bay'ah is invalid and it is absolutely prohibited to fulfill it. Therefore, it is a matter of determining who was given a valid Bay'ah first, and he will be the valid Khaleefah, and the other one challenging him is unacceptable.
So if the Bay'ah was given to two Khaleefahs at the same time, then there is not a Khaleefah who was given the Bay'ah first. This ruling - that the first Khaleefah be given Bay'ah - must be established, and this does not happen in the casting of lots because the casting of lots is not a Bay'ah, so it is necessary to repeat the election.
As for management issues, they are arranged by the person with authority, because they fall under Mubaah. In the case that there is a text specifically about the matter, then it is followed. So, for departments to open at eight in the morning or nine in the morning does not require a text, and for traffic to be regulated so traffic passes through one street and does not pass through another, this does not require text, instead it is regulated by the person with authority. And for members of the State Council (Majlis Wilayah) to be elected or appointed does not require a text, and it is instead regulated by the person with authority, and for their number to be 5 or 6 or 10, this does not require a text, and is regulated by the person with authority, and if two candidates had equal votes for a management position and only one person was needed, so lots were cast between them, then this is regulated by the person with authority.
And in conclusion, governance and management are different in their evidences, the first requires text about it, and the second falls under Mubaah unless there is a text concerning it.
Your brother,
Ata Bin Khalil Abu Al-Rashtah
The link to the answer from the Ameer's Facebook page:
News:
Joyce Carol Vincent's door was broken down in order to serve her an eviction notice. Instead, they found her corpse slumped on the sofa, with the light from the TV still flickering. By 2006, she had lain there for almost three years. Letters flooded the hallway and the presents she had just wrapped, for Christmas 2003, laid around her skeleton.
It is not clear how she died, but it is clear that it took three years for anyone to discover her death. A 38-year-old lady who had sisters, friends and former colleagues had been failed by her social circle and the wider society. Her flat was in a busy area of north London but no neighbours reported anything amiss.
Comment:
Joyce Carol Vincent's story illustrates the social isolation condemned recently by Jeremy Hunt, the UK Heath Minister as a "national shame". Loneliness is deadly in Western societies. So it makes sense that the government should seek to tackle isolation as a public-health priority but is a set-piece ministerial intervention - big speech, press releases, newspaper headlines - the way to tackle this issue? What actually changes after this speech? What has changed after such previous interventions?
Loneliness in western societies has many manifestations. Some children fail to look after their parents, abandoning them as they go in search of jobs or a better life abroad.
Now, loneliness also affects many young people. Surveys by the Mental Health Foundation suggest that young people are more likely to feel lonely than older people. Britain has seen a big rise in people living alone, from 17% of all households in 1971 to 31% now. Many have chosen this solo lifestyle. To what cost?
Added to a culture that exalts individualism, solo living breeds isolation and loneliness. The capitalist economic model prevalent in the West grants its winners all manner of economic freedoms, but it does so while weakening social bonds. People often move looking for work, or moving abroad to get a job, leaving friends and family behind. Facebook, twitter and skype can fill some of the gaps but is no substitute for friends and family in testing times.
This individualism has been exported around the world as other nations embrace the western economic model so even traditionally family-centred cultures like Japan and China have started to experience similar problems.
Islam's emphasis on maintaining family ties, parents duties towards children and the high reward for those who care for elderly parents are enduring values which are the only antidote to the growing and deadly epidemic of loneliness - in an increasingly busy word.
Written for the Central Media Office of Hizb ut Tahrir by
Taji Mustafa
Media Representative of Hizb ut-Tahrir in Britain
Hizb ut Tahrir/ Indonesia: Book Khilafah Conference 2013 in Indonesia
Question:
As-Salaam Alaikum Wa Rahmatullah Wa Barakaatuhu
My dear brother, I have a question. I live in the city of Khalil ul Rahman (Hebron) and everyone knows how we are afflicted with suffering by this Palestinian Authority and how destructive it is and its reality is well-known. My question has two parts:
First: Is everyone who is associated with its departments considered sinful i.e. is it not permissible, including to be a traffic policeman?
Second: What is the ruling for the one who works for them (in their headquarters) as craftsmen, like builder, tillers, and mason, etc?
Wa Alaikum us-Salaam wa Rahmatullah wa Barakatuhu
Answer:
Wa Alaikum us-Salaam wa Rahmatullah wa Barakatuhu,
1. As regards to working as a police officer for the Palestinian Authority, Abu Ya`la reports a hadith in his Musnad as well as Ibn Hibban in his Sahih and the wording is to Abi Ya`la, that: Abu Sa`id and Abu Hurayrah both said that: the Messenger of Allah (saw) said:
«لَيَأْتِيَنَّ عَلَى النَّاسِ زَمَانٌ يَكُونُ عَلَيْكُمْ أُمَرَاءُ سُفَهَاءُ يُقَدِّمُونَ شِرَارَ النَّاسِ، وَيَظْهَرُونَ بِخِيَارِهِمْ، وَيُؤَخِّرُونَ الصَّلَاةَ عَنْ مَوَاقِيتِهَا، فَمَنْأَدْرَكَ ذَلِكَ مِنْكُمْ، فَلَا يَكُونَنَّ عَرِيفًا وَلَا شُرْطِيًّا وَلَا جَابِيًا وَلَا خَازِنًا»
"A time will come when you will have idiotic and despotic rulers over you putting forward the most evil of people and follow them in their choices and they will delay the Prayer from its fixed times. So if you are in that time, then do not be a corporal, a policeman, a tax collector or treasurer..."
The hadith mentions the unrestricted prohibition by the Messenger of Allah for being any of these persons when the ruler is idiotic and despotic. However, al-Tabarani extracted in his [al-Mu`jam] al-Saghir and al-Awsat from the following narration from Abu Hurayrah: «فَمَنْ أَدْرَكَ مِنْكُمْ ذَلِكَ الزَّمَانَ فَلَا يَكُونَنَّ لَهُمْ جَابِيًا، وَلَا عَرِيفًا، وَلَا شُرْطِيًّا ْ» ‘Whoever is present at that time, then let him not be a tax collector, treasurer or policeman for them'. He said: «فَلَا يَكُونَنَّ لَهُمْ» ‘and do not be for them' which is a restricted prohibition due the letter ‘lam/اللام' denoting ‘specification' (lam li'l-ikhtisas). This indicates the prohibition relates to working for those specific rulers, such as protecting them, or working as a private security service for them as well as a treasurer for them or any other such security services.
The principle in Usul [al-Fiqh] is that the unrestricted (mutlaq) is understood by the restricted (muqayyad). Therefore, the prohibition refers to working as an officer or policeman that involves security and protection of the rulers like guarding the president and his aides, treasurer to his wealth or a policeman for the state security and such jobs.
As for regular police departments, it is permitted provided of course that does not involve oppressing others or taking their rights but investigating the truth of work. This is not only the case for the police department but for every department. Therefore, it is permitted to work as a traffic police officer and in similar posts.
2. Regarding other kinds of work such as being employed as a tiller, builder, mason, then, these are permitted. A contract of employment (ijarah) is permitted whether for a Muslim or non-Muslim as long as the work is permitted in origin and there is not in an actual state of war with non-Muslims because such a situation has specific Shar'i rulings. Ibn Majah relates from Ibn `Abbas that:
أَصَابَ نَبِيَّ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ خَصَاصَةٌ فَبَلَغَ ذَلِكَ عَلِيًّا فَخَرَجَ يَلْتَمِسُ عَمَلًا يُصِيبُ فِيهِ شَيْئًا لِيُقِيتَ بِهِ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَأَتَى بُسْتَانًا لِرَجُلٍ مِنْ الْيَهُودِ فَاسْتَقَى لَهُ سَبْعَةَ عَشَرَ دَلْوًا كُلُّ دَلْوٍ بِتَمْرَةٍ فَخَيَّرَهُ الْيَهُودِيُّ مِنْ تَمْرِهِ سَبْعَ عَشَرَةَ عَجْوَةً فَجَاءَ بِهَا إِلَى نَبِيِّ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ
"The Prophet was in need of food and news of that reached `Ali. He went out seeking work so that he could earn something to give to the Messenger of Allah. He came to a garden belonging to a Jewish man and he drew seventeen buckets of water for him, each bucket for a date.
The Jew gave him the option to take seventeen of his `ajwah dates (a high quality of dates) and he brought them to the Prophet of Allah."
Al-Tirmidhi also narrated something similar and it is an evidence that it is permissible to seek work in the permissible (mubah) areas with a non-practicing Muslim because it is allowed to work for a non-Muslim. Thus, working for the authorities in a permissible job is allowed.
Your brother,
Ata Bin Khalil Abu Al-Rashtah
The link to the answer from the Ameer's Facebook page:
