بسم الله الرحمن الرحيم
The Obligation of Structuring to re-Establish the Khilafah (Translated)
Seventy-four years ago, precisely on the 3rd 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".
H. 1 Dhu al-Hijjah 1418
M. : Friday, 27 February 1998
Hizb-ut-Tahrir
Wilayah of Jordan