The Egyptian media, specifically al-Wafd and al-Ahrar newspapers issued on 27/8/2003, reported that the Fatwa Committee of al-Azhar issued a fatwa stating, "Recognizing the interim ruling council in Iraq is Haram because it lacks legitimacy." The Sheikh of Azhar, Sheikh Muhammad Tantawi, rejected this fatwa and rejected the committee's right to issue such a fatwa. But he did not stop at this, he issued a decree suspending Sheikh Nabawi Mohammad al-Ish and ordered that he be investigated, considering that he was behind the fatwa and claiming that; "He acted on his own behalf and propagated his own personal opinion to the public."  The Sheikh -ul-Azhar stressed that this fatwa does not ‘represent al-Azhar'.  He added to his statements (reported by Middle East Agency) that, "It is not the right of any Egyptian scholar (‘Aalim) to speak about the affairs of any State other than Egypt". Then he continued speaking about the role of al-Azhar by saying that its role is restricted to Egyptian affairs only. He said; "I am the Sheikh of al-Azhar for Egypt", and added, "If the Iraqis themselves asked me about the Hukm Shar'i (Sharee'ah ruling) regarding the current Ruling Council of Iraq I would say to them ask the Iraqi scholars." He told Reuters that; "the one who gave this fatwa has no right to do so", and that the Fatwa Committee is, "not authorized to issue judgments about other sates".

Here we would like to ask:

Does the Sheikh ul-Azhar not know that the highest obligation of a Muslim scholar is to enjoin the good and forbid the evil in any matter linked to Islam and the Muslims?

Does the Sheikh ul-Azhar not know that the clarification of the Sharee'ah rule is not specific to a particular part of the world as long as this is an Islamic land?

Also, does the Sheikh ul-Azhar not know that the Iraqi Ruling Council is a creation of the American occupier? And it does not possess the self autonomy on where to hold its meetings except by the permission of the American occupier? It is the American occupier who holds and dismisses their meetings, thus the Council is there to carry out the orders and prohibitions of the American occupier. Consequently, recognition of this Council means recognition of the American occupation. Does the Sheikh ul-Azhar not know that recognition of the American occupation over a Muslim land means acceptance of their authority over the Muslims; and this is a grave matter in Islam;

((ولن يجعل الله للكافرين على المؤمنين سبيلا))

"And never will Allah grant to the disbelievers a way (to triumph) over the believers" [TMQ 4:141].

Is this not strange and astonishing? Especially when the near and far know that the transitional ruling council in Iraq has no legitimacy. Also, is it not strange that the Sheikh ul-Azhar did not dare to accept this fatwa or at least refrain from rejecting it when anyone who has a mind, who hears or sees this fatwa recognizes its validity and its agreement with the reality?

However, the fact that the American ambassador to Cairo, David Welch, visited the Sheikh ul-Azhar on the morning of 27th August (i.e. the day after the fatwa was given) and the aforementioned statements of the Sheikh ul-Azhar which followed, all explain why the matter should not be strange or astonishing! The ambassador expressed his dismay to the Sheikh regarding such fatawa and stressed that Washington considers the Ruling Council to be a ‘legitimate authority', so how can the fatwa consider it illegitimate? So the Sheikh had only to announce al-Azhar's renunciation of the fatwa. As for the claim of the Sheikh and the ambassador after their meeting that they did not discuss the fatwa, although the chain of events establishes that the subject of the fatwa was the heart of the meeting.

Oh Muslims,

If the Sheikh ul-Azhar does not give any weight to himself, then let him give due weight to the title that he carries. Indeed, al-Azhar is an institution highly regarded by the Muslims, holding it in high esteem and respect. They will not accept anything other than this position to be firm and severe in opposing the Kaafir occupiers of Muslim lands as it was in the past centuries. Indeed, the Sheikh's distortion of the role of al-Azhar and his separation of its work from Islam and the Muslims is highly dangerous. Also, how can he receive the ambassador of a state that is actually fighting the Muslims and occupying their lands? The Muslims do not accept al-Azhar, this Islamic fortress, to be anything other than great due to the greatness of Islam to speak the truth and fearless of  reproach from anyone, for the sake of Allah. It was incumbent upon the Sheikh ul-Azhar to fear Allah regarding al-Azhar and uphold it as the bedrock on which oppression, oppressors and the Kaffir colonialists are destroyed. And to account the rulers, especially the ruler of Egypt who does not rule by what Allah has revealed and does not fight the enemies of Allah; rather he allies himself with America and makes peace with the Jews. He should have expelled the American ambassador instead of receiving and pleasing him with the repudiation of the correct fatwa, which he knows to be correct before anyone else does.

O Muslims!

The Messenger of Allah (salallahu alaihi wasallam) said;

«إني أخاف على أمتي من ثلاث: من زلة عالـم، ومن هوىً مُتَّبَعٍ، ومن حكم جائر»

"I fear three things for my Ummah: The lapse of a scholar, the whim that is adhered to and the rule of a tyrant."

Thus how is it when the issue is not a scholarly lapse but the intentional and deliberate error of a scholar who knows the haqq but forbids it? And what about the fact that these lapses and errors are being made by scholars at the same time as tyrannical and oppressive rulers who fight the laws of Allah, suspend Jihad for the sake of Allah, arrest  dawah carriers? And they see the Kuffar occupying Muslim lands but do not lift a finger to oppose them, but rather assist them in their occupation? Thus, the corruption of the ruler and the scholar has gathered against us for this is a widespread evil. We realize that the tyranny and oppression of the rulers and the stance of the government scholars and their misguiding of the Ummah all of which had an effect on a section of the Ummah, who have distanced themselves from the truth. However, the greater majority of the Ummah are on the goodness (khayr). It is not valid for the Ummah to remain silent about the injustice and oppression of the ruler and or over the misguidance of the government scholars. For Allah Subhanahu does not perish the oppressor only, but also the one who remains silent over the oppression as well;

((واتقوا فتنةً لا تصيبن الذين ظلموا منكم خاصةً واعلموا أن الله شديد العقاب))

"And fear the Fitnah (affliction and trial, etc.) which affects not in particular (only) those of you who do wrong (but it may afflict all the good and the bad people), and know that Allah is Severe in punishment..." [8:25]

Allah does not perish the corrupt ones only, but also the pious ones who are with them if they leave the corruption to spread without opposing it outright.

«أنهلك وفينا الصالحون؟ قال نعم إذا كثر الخبث»

"Will we be destroyed while we have amongst us pious people? He said; yes, when the evil becomes widespread."

Oh Muslims,

Indeed, Hizb ut Tahrir Wilayah of Egypt faces the Muslims who are dignified by their Deen and strengthened by their Lord, to restrain the hands of the tyrant rulers who are the helpers and agents of the Kuffar. And who restrain the tongues of misguided Shayukh who obscure the Deen in the eyes of the people, and to work with us to re-establish the Hukm of Allah on earth by establishing the righteous Khilafah "Caliphate" State that will restore the honour for the Muslims, inflict humiliation on the Kafireen, and perform Jihaad, the pinnacle of Islam. The State that will carry its Message to the entire world and liberate the land of Islam from the filth and surrogate of the Kafir colonialists that is the Jewish state, and to spread the goodness to the four corners of the world.

((ويومئذٍ يفرح المؤمنون بنصر الله ينصر من يشاء وهو العزيز الرحيم))

"And on that Day, the believers will rejoice in the victory given by Allah, He helps whom He wills, and He is the All-Mighty, the Most Merciful" [TMQ 30:5].

You see with your own eyes what is happening to the Muslims in Palestine of slaughtering and humiliating the youth, elderly, women and children by the hands of those Whom Allah (swt) has wrote on them humiliation

The Holy Quran was revealed to Prophet Mohammed (saw) gradually according to the reality of the situation and the events occurring. Whenever an Ayah (verse) was revealed, he (saw) would directly propagate it. If the Ayah was an important order, he (saw) and the Muslims would strive to achieve it, and if it was an important inhibition, he (saw) and the Muslims would strive to avoid it, and so the implementation of the rules occurred as soon as they were revealed, without any delay or latency. The rule that is revealed becomes mandatory to implement and execute once it was revealed no matter what that rule was, until Allah (swt) perfected this Deen, and Allah (swt) revealed about this:

((الْيَوْمَ أَكْمَلْتُ لَكُمْ دِينَكُمْ وَأَتْمَمْتُ عَلَيْكُمْ نِعْمَتِي وَرَضِيتُ لَكُمُ الْإِسْلَامَ دِينًا)) "This day, I have perfected your religion for you, completed My Favour upon you, and have chosen for you Islam as your religion." [al-Maida: 3]  As such, after the revelation of this honorable Ayah, the Muslims started to request the full implementation and execution all of the Islamic rules fully, whether they were related to creed, rituals, ethics, or treatments, whether these treatments are between Muslims among themselves, between them and the ruler who rules them, between them and other people, nations, and countries, and whether these rules are related to government, economy, sociology, or foreign policy in the case of peace or war. The Almighty says: ((وَمَا آَتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانْتَهُوا وَاتَّقُوا اللَّهَ إِنَّ اللَّهَ شَدِيدُ الْعِقَابِ)) "And whatsoever the Messenger (Mohammed (saw)) gives you, take it, and whatsoever he forbids you, abstain (from it), and fear Allah. Verily, Allah is Severe in punishment." [al-Hashr: 7] This means that you take and work upon everything the Prophet (saw) has given you, and forbid and abstain from everything he (saw) has abstained from you, because the word "whatsoever" ﴿مَا﴾ in the Ayah takes the form of generalization, so it involves the mandating of achieving all the obligations, and the mandating of forbidding and abstaining all the inhibitions. In addition, the order of taking and abstaining mentioned in the Ayah is a decisive order, to be mandatory, as it was related to what was mentioned at the end of the Ayah which is the order for Taqwa (piety), and the promise of undergoing a grave punishment to those who do not take all what have the Prophet (saw) has given and have not abstained from everything he (saw) has abstained from. Allah (swt) says: ((وَأَنِ احْكُمْ بَيْنَهُمْ بِمَا أَنْزَلَ اللَّهُ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ وَاحْذَرْهُمْ أَنْ يَفْتِنُوكَ عَنْ بَعْضِ مَا أَنْزَلَ اللَّهُ إِلَيْكَ)) "And so judge (you O Mohammed (saw)) between them by what Allah has revealed and follow not their vain desires, but beware of them lest they turn you (O Mohammed (saw)) far away from some of that which Allah has sent down to you." [al-Maida: 49]

This is a decisive order from Allah (swt) and His Prophet (saw) to the rulers of the Muslims who succeed him (saw) due to the mandating of ruling with all of the rules revealed by Allah (swt), whether it was an order or an inhibition, since the word "whatsoever" ﴿مَا﴾ in the Ayah takes the form of generalization, so it involves all of the revealed rules.

In addition, Allah (swt) and His Prophet (saw) have forbidden the rulers of the Muslims who succeed him (saw) from following the whims of the people and from obeying their desires, since Allah (swt) says: ((وَلَا تَتَّبِعْ أَهْوَاءَهُمْ)) "follow not their vain desires".

Besides this, Allah (swt) warned His Messenger (saw) and the rulers of the Muslims who succeed him (saw) from being enthralled by the people, to an extent that they drive him away from implementing some of the rules that Allah (swt) has revealed. Instead, he should implement all of the rules that Allah (swt) has revealed, whether they are orders or prohibitions, without paying attention to people's desires. Allah (swt) says about this: ((وَاحْذَرْهُمْ أَنْ يَفْتِنُوكَ عَنْ بَعْضِ مَا أَنْزَلَ اللَّهُ إِلَيْكَ)) "[...] beware of them lest they turn you (O Muhammad SAW) far away from some of that which Allah has sent down to you" [al-Maida: 49], and Allah (swt) says: ((وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُون)) "And whosoever does not judge by what Allah has revealed (then) such (people) are the Fasiqun (the rebellious i.e. disobedient (of a lesser degree) to Allah." [al-Maida: 47]  Allah (swt) also says in another Ayah: ((فَأُولَئِكَ هُمُ الظَّالِمُون)) "such are the Zalimun (polytheists and wrong-doers - of a lesser degree)" and in another Ayah: ((فَأُولَئِكَ هُمُ الْفَاسِقُونَ)) "such (people) are the Fasiqun (the rebellious i.e. disobedient (of a lesser degree) to Allah". As such, Allah (swt) directed these three verses to all those who do not govern with all the rules that Allah (swt) has revealed, whether they were orders or prohibitions, thus making these people Kuffar, oppressors, and sinners. This is because the word "whatsoever" ((مَا)) in the three verses takes the form of generalization, so it involves all of the Islamic rulings (Ahkam Sharii') revealed by Allah (swt), whether they are orders or prohibitions.

All the proofs provided show definitely, without any doubt, that all of the Muslims, inclusive individuals, groups of people, and the state, must implement the Islamic rulings fully as Allah (swt) has ordered in their implementation, without any delay, procrastination, or gradualism, as there are no excuses for any person, group of people, or state in non-implementation.

This implementation should be whole and holistic, implemented all at once, and not gradually. Implementation through gradualism gravely contrasts with the Islamic rulings, and makes the person who implements some of the rules and leaves others a sinner before Allah (swt), whether an individual, a group of people, or a state.

Thus an obligation is an obligation, and it remains as an obligation, and it must be done, and the Haram stays Haram, and it must be abstained. The Prophet (saw) never accepted from the Thakeef delegation, when they came to visit him (saw), to keep their idol Al-Lat for three years, or relieved them from prayer until they embrace Islam. He didn't accept this from them, and he refused this from them, and he insisted upon them to destroy their idols without delay, and to commit to prayer without delay.

Allah (swt) has made the ruler who doesn't implement all of the Islamic rulings, or implements some and leaves others, a Kaffir since he does not believe in the validity of Islam, or doesn't believe in the validity of some of the rules which he didn't implement. This also made him an oppressor and a transgressor (fasiq) since he doesn't implement all of the Islamic rulings, or does not implement some of them, though he believes in the validity of Islam being applicable.

The Prophet (saw) mandated the killing of the ruler and raising the sword in his face if he has shown Kufr publically. That is supported by proof from Allah (swt), which is that if he governs with the rules of Kufr and are without doubt Kufr rules, whether they are many or few. This is mentioned in a Hadith of Ubada bin Al Samit, which follows: « . . .  وان لا ننازع الأمر أهله، إلا أن تروا كفرا بواحاً، عندكم من الله فيه برهان» "... and do not dispute the issue with his family, unless you see an obvious Kufr, which you have evidence from Allah."

There is no leniency in the implementation of the Shariah rules, and there is no gradualism in the implementation of the Islamic rules. This is because there is no difference between one obligation and another, nor between a Haram and another, and nor between a rule and another, as all of the rules of Allah (swt) are equal and must be implemented without any delay, procrastination or gradualism. Else, it becomes applicable what Allah (swt) has said: ((أَفَتُؤْمِنُونَ بِبَعْضِ الْكِتَابِ وَتَكْفُرُونَ بِبَعْضٍ فَمَا جَزَاءُ مَنْ يَفْعَلُ ذَلِكَ مِنْكُمْ إِلَّا خِزْيٌ فِي الْحَيَاةِ الدُّنْيَا وَيَوْمَ الْقِيَامَةِ يُرَدُّونَ إِلَى أَشَدِّ الْعَذَابِ)) "Then do you believe in a part of the Scripture and reject the rest? Then what is the recompense of those who do so among you, except disgrace in the life of this world, and on the Day of Resurrection they shall be consigned to the most grievous torment." [al-Baqara: 85]

Therefore, there is no justification for any current state in the Islamic world in not implementing Islam by making the excuse of being unable of implementing it, or the inappropriateness of the conditions to implement it, or the public worldly opinion does not accept its implementation, or the major countries in the world does not leave us the chance to implement it, or any other weak and insignificant excuses and justifications. Allah (swt) will not accept any justice or any piousness from those who give these excuses.

03/1990 CE Hizb ut Tahrir

Wilayah of Jordan

Seventy-four years ago, precisely on the 3^rd of March 1924, the criminal Mustafa Kemal Ataturk declared, after much maliciousness and conspiracy, that the Major National Council has agreed on the abolition of the Khilafah "Caliphate", and on the same day, he ordered for the expulsion of the Khaleefah Abdul-Majeed bin Abdul-Aziz, the last Khaleefah of the Muslims, to Switzerland, carrying with him a handbag and a few pounds.

The obligation upon the Muslims on that day was to uprise all together as a single body, taking it as a matter of life or death for the return of the Khilafah "Caliphate", since it is the vital issue for the Muslims. However, due to the Muslims' weakened concepts of Islam and weakened Taqwa in their own selves, it was easy for them to give in to threats and intimidation, which Mustafa Kemal along with the Kaffir States practiced on them, hence they were silent over the abolition of the Khilafah "Caliphate", the division of the Muslim world, and the arbitration of man-made laws in their lives instead of the Shariah laws, and they underestimated the saying of the Prophet (saw):

«... وَمَنْ مَاتَ وَلَيْسَ فِي عُنُقِهِ بَيْعَةٌ مَاتَ مِيتَةً جَاهِلِيَّةً».

"... and whoever dies without the pledge of allegiance on his neck, dies a death of Jahiliyah".

Today, in order for the Muslims to avoid this death in a state of Jahiliyah, and in order to remove the humiliation which they suffered due to the demolition of the Khilafah "Caliphate" state, they should follow the Shari' method to resume the Islamic way of life, through appointing a Khaleefah for them and re-establishing the Khilafah "Caliphate" State. This method, learnt from the Islamic text and the Seerah of Rasoolullah (saw), obliges Muslims to structure in a group for the return of the Khilafah "Caliphate", in compliance with what Allah (swt) has said:

((وَلْتَكُنْ مِنْكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ وَيَأْمُرُونَ بِالْمَعْرُوفِ وَيَنْهَوْنَ عَنِ الْمُنْكَرِ وَأُولَئِكَ هُمُ الْمُفْلِحُونَ))

"Let there arise out of you a group of people inviting to all that is good (Islam), enjoining Al-Ma'rûf (i.e. Islâmic Monotheism and all that Islam orders one to do) and forbidding Al-Munkar (polytheism and disbelief and all that Islam has forbidden). And it is they who are the successful." [TMQ 3:104]

((وَلا تَكُونُوا كَالَّذِينَ تَفَرَّقُوا وَاخْتَلَفُوا مِنْ بَعْدِ مَا جَاءَهُمُ الْبَيِّنَاتُ وَأُوْلَئِكَ لَهُمْ عَذَابٌ عَظِيمٌ))

"Be not like those who are divided amongst themselves and fall into disputations after receiving Clear Signs: For them is a dreadful penalty" [TMQ 3:105]

This is indeed a command from Allah (swt) for the Muslims that they should establish from amongst themselves a group or a party, which calls to goodness (Islam), enjoins the Ma'ruf and forbids the Munkar, if they accomplish this, then they will win the satisfaction and reward of Allah (swt), otherwise they will be like the People of the Book who dispersed and differed over the commandments of Allah (swt), and those have a great punishment. These connotations serve as evidence that the Amr (command) in the Ayah to establish a party or a group is a Wajib (obligation), because "success" was given as a consequence of carrying out the work, and the "great punishment" is a consequence of those doing otherwise.

The required structuring came focused on establishing an Ummah or group of the Muslims that encompasses two matters: the first is calling to goodness which is Islam, and the second is enjoining the Ma'ruf and forbidding the Munkar, and although this obligation is upon both individual and state, performing it individually without a group in the absence of a Khaleefah for the Muslims, does not make the person free from the sin of not working within a group.

For the group to be qualified as an Ummah or a group, it must meet two conditions: Firstly, the formation of a group requires the presence of a bond that binds its members so that they become one single entity (jama'ah), this bond was designated by the verse, which is the call to Islam, enjoining the good and forbidding the evil, which is the same as the Islamic thought, which means the Islamic Aqeedah and what emanates from it of thoughts, systems, and detailed opinions required for carrying the Islamic Da'wah. Secondly, the presence of an Ameer for the group whose obedience is compulsory, the Messenger of Allah (saw) said: «لَا يَحِلُّ لِثَلَاثَةٍ يَكُونُونَ بِفَلَاةٍ مِنْ الْأَرْضِ إلَّا أَمَّرُوا عَلَيْهِمْ أَحَدَهُمْ». "It is forbidden for any three people to be anywhere on earth without having appointed one Amir from amongst them." [Abu Dawud]. Hence, the group that is obliged to carry the Dawah for re-establishing the Khilafah "Caliphate" has to conform to the two conditions together, which are: the Islamic thought and the Ameer whose obedience is compulsory.

Thus the dawah to Islam must be to implement all of Islam's rulings in life, such as killing the apostate and stoning the married adulterer, as well as Jihad and looking after the affairs of the people with Islam. However, these rulings are the jurisdiction of the State and its responsibility. This implementation cannot take place except through the State that implements the legal Islamic rulings. Thus the existence of this state is an obligation based upon the principle (qa'idah) in Shariah: "That which is necessary to achieve an obligation is in itself an obligation".

The establishment of this party or group for the establishment of the Khilafah "Caliphate" State is a duty of sufficiency (fardh kifaya), so if the Muslims established a group that fulfills the requirements of legitimacy, then the sin of establishing a party is absolved, but the sin of establishing the Khilafah "Caliphate" is not absolved as long as this party has not established it, therefore, joining this party or other parties which clear the conscience stays as a fardh upon every Muslim until the Khilafah "Caliphate" State is established, and every accountable Muslim is sinful if they do not perform this fardh, and whoever falls short of this fardh would also be sinful.

Establishing several parties that are based upon the verse's stipulation is allowed, and it is forbidden to prevent this multiplicity, because it means prevention from performing the obligation. Establishing a party does not necessitate the ruler's permission, in fact, depending this Fardh on the ruler's permission is Haram, because performing the obligations, like prayer, hajj, establishing a party or joining a party, is done as obedience to the commands of Allah (swt). It is prohibited to obey the ruler in leaving an obligation, the Prophet (saw) said:

«لا طَاعَةَ لِمَخْلُوقٍ فِي مَعْصِيَةِ الْخَالِقِ»

"There is no obedience to creation in disobeying The Creator". Therefore, establishing political parties based upon Islam does not need the permission of the State.

So O Muslims:

We call upon you to join a party which is on the basis of Islam, to re-establish the Khilafah "Caliphate" which will unite you under one man, whom you will give Bayah according to the Book of Allah and the Sunnah of His Messenger, who will march you to the fields of Jihad, in order for your might and glory return to you, and to obtain the pleasure of your Lord, rather than having the words of Rasoolullah (saw) apply to you:

«... وَمَنْ مَاتَ وَلَيْسَ فِي عُنُقِهِ بَيْعَةٌ مَاتَ مِيتَةً جَاهِلِيَّةً» "...and whoever dies without a Bay'ah on his neck dies the death of Jahiliyah".