A Warm Call from Hizb ut-Tahrir to the Muslims - MyKhilafah.com

98 u A Warm Call from Hizb ut-Tahrir to the Muslims
the states and its ability to influence the international arena whilst at the
same time preserving the thoughts of Islam. Then it has to bring
solutions to problems that the nature of the age and its changes
necessitates. One may say that events occur all the time, so Islam must
keep up with the age. The reply to this point is that the expression 'keep
up with the age' is vague and obscure. If it means that the rules should
be made to agree with what is prevalent in the age then this is not
allowed. So usury is Haram in an Islamic society. When this society came
under a Capitalist system and it became a non-Islamic society and usury
became an economic necessity for this society, usury was made Halal in
this society. This action is a Munkar and it is not allowed; rather the
usury remains Haram until the day of Judgement. There is no value
attached to the change of the age, or the change of circumstance, or
the change of society, even if usury became one of the necessities of
life. So society must be changed and not the Hukm Shar’i. If, by "keeping
up with the age", it is meant that there should be solutions to problems
which you find in every age, then that is something that must take place.
For example, the Muslims used to be consulted by the Khalifah by calling
upon their representatives and he used to know their representatives.
When the state's consultation of the people requires setting up a Shura
council that is elected by the people such that the state seeks their
opinion, then this issue needs to be understood according to its reality.
Thus a council for consultation and accounting the rulers, and not for
legislating or for ruling, becomes a matter demanded by the Legislator.
He said:
"And consult them in the matter" [TMQ Al-Imran: 159].
He said:
"Their matter (affairs) is (conducted) by mutual consultation" [TMQ Ash-
Shura: 38].
And he said:
A Warm Call from Hizb ut-Tahrir to the Muslims u 99
"The best Jihad is the word of truth spoken to a tyrant ruler."
Therefore this council is set up and the rule of representation (Wikala)
should be applied in its election. This is because those people are
members of the council, thus they are representatives of the people in
the matter of their opinion. Representation in opinion is allowed, such
as representation in a dispute, property or in anything else. Since
representation in opinion is allowed then each person has the right to
appoint whoever he wants to represent his opinion, whether he is a man,
woman, Muslim or non-Muslim; and he can be a representative of
whoever he wants whether man, woman, Muslim or non-Muslim.
However, the non-Muslim cannot be a representative in legislation,
because legislation is Ahkam Shari’ah and they cannot be for the non-
Muslim. The non-Muslim is neither allowed to participate in short-listing
the nominees for the post of the Khalifah, because only Muslims can
give Bai'ah to the Khalifah. Thus every person has the right to appoint
someone else as their representative and he can also be a representative
for others in every matter that the Shari’ah has given them the right to
exercise by themselves. So whoever holds the citizenship of the State can
elect whomever he wants, and he himself can be elected by whomever
wants him in the Shura council. This rule does not mean Islam is
keeping up with the age, rather it is a capacity of the Shari’ah, i.e. Islam
can treat every problem occurring in every age. If, by the term "keeping
up with the age", it is referred to the permitted actions, like Mubah
things that did not exist before, and thus whatever accords with the
prevalent tastes, such as wearing a hat instead of a fez because one lives
in Europe, or (a leader) appointing bodyguards and giving appointments
to arrange for his meetings, then this is the undertaking of an action
which is permitted irrespective of the age, even though it might appear
to be "keeping up with the age". If the phrase concerns the change of
dealings in international relations, due to the change of circumstances
and situations, then this is allowed but in accordance with the Ahkam
Shari’ah. For example, it is allowed for the Islamic State to sign a goodneighbour
treaty with one Kufr state and refuses to sign one with another
state. This is because it proceeds according to what it perceives of
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