To Dr. Hakim Al-Mutairi, author of the book:
The Ideological Controversy and the Political Crisis
(Translated)

Assalamu Alaikum wa Rahmat Allahu wa Barakatuhu,

Alhamdulillah, Peace and salutation upon the Messenger of Allah, his family, companions, and followers.

I have scrutinized all ten chapters of your aforementioned book and based upon this I deliver you this advice, as clarification and reproach, in response to the saying of the Prophet (peace be upon him):

«الدِّينُ النَّصِيحَةُ قُلْنَا لِمَنْ قَالَ لِلَّهِ وَلِكِتَابِهِ وَلِرَسُولِهِ وَلِأَئِمَّةِ الْمُسْلِمِينَ وَعَامَّتِهِمْ »

"The Deen is naseehah (sincere advice)." We said: "To whom?" He said: "To Allah, His Book, His Messenger and to the imams of the Muslims and their masses."

As for clarification, I say this: You seem to be very concerned about the Khilafah "Caliphate" in the first nine chapters of your book, genuinely resolute of its existence; it is the path to the prosperity of the Muslims, and their revival and return as the best Ummah sent to mankind. With so many similarities, these nine chapters have any reader almost believe that s/he is reading a book published by Hizb ut Tahrir, which has preceded you in emphasizing the Khilafah "Caliphate" by decades, without great difference. In your book, the reader notices that you used quotations for scholars of Ijtihad and Fiqh outlining the obligation, importance and necessity of the Khilafah "Caliphate". Likewise in the books published by Hizb ut Tahrir, the evidences for the necessity, importance and obligation of the Khilafah "Caliphate" are derived through correct Ijtihad from the sources of legislative rulings adopted by Hizb ut Tahrir that are based on: the Book of Allah and the Sunnah of His Prophet, consensus (Ijmaa') of the Sahabah, and Analogy (Qiyas), which is what has been justified according to the Quran and Sunnah, not according to logic.

Nevertheless, whether the obligation of the Khilafah "Caliphate" and its necessity are emphasized through the quotations of the late scholars of Ijtihad as you provided in your book, or whether it was derived through the correct Ijtihad from the sources of the Legislative rulings as we have done in our publications, all are considered good.

I hereby say: Whoever reads the first nine chapters of your book perceives that you are concerned about Khilafah "Caliphate" and the obligation of its establishment to replace the tyrant rulers in the Muslim lands since it is obligated to remove them, and for the Ummah to appoint a single Khalifah to unite the Ummah in a single State that will rule by the laws of Allah. And it is not permissible for the Ummah to have two Khulafaa', if there was, the latter would be killed, as was commanded in the Hadith of Prophet Mohammad (saw):

«إذَا بُويِعَ لِخَلِيفَتَيْنِ فَاقْتُلُوا الْآخَرَ مِنْهُمَا»

"If a Baya'a has been given to two Khalifahs, kill the latter of them"

The Khilafah "Caliphate" will return by the permission of Allah, as the Prophet (saw) said:

«تكون النبوة فيكم ما شاء الله أن تكون ثم يرفعها إذا شاء أن يرفعها ثم تكون خلافة على منهاج النبوة فتكون ما شاء الله أن تكون ثم يرفعها إذا شاء الله أن يرفعها ثم تكون ملكا عاضا فيكون ما شاء الله أن يكون ثم يرفعها إذا شاء أن يرفعها ثم تكون ملكا جبرية فتكون ما شاء الله أن تكون ثم يرفعها إذا شاء أن يرفعها ثم تكون خلافة على منهاج النبوة. ثم سكت»

"Prophethood will last among you as long as Allah wills, then Allah will take it away. Then it will be (followed by) a Khilafah "Caliphate" Rashidah (rightly guided) on the pattern of the 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 as long as Allah wishes, then He will lift it if He wishes. Then there will be a Khilafah "Caliphate" Rashidah according to the ways of the Prophethood'. Then he kept silent." And this is in addition to more truth that you mentioned about the Khilafah "Caliphate" in the first nine chapters of your book.

However, in the tenth chapter, when proposing your project to establish the Khilafah "Caliphate" state, you call for a conference to be held in order to initiate this project; by mentioning this, it is as if everything you have mentioned in the first nine chapters was thrown out the window! In your project, you did not abide by the Legislative (Shariah) evidences outlined to us by Prophet Mohammad (saw) to establish the Khilafah "Caliphate", but rather presented perceptions that, in your own judgment, as approaches in establishing the Khilafah "Caliphate".

You wrote: "Afterwards, the Khilafah "Caliphate" must be in the form of a political system project that is in concurrence with the century's development and necessities; as any unity, or union that is accepted by all, or at least most, of the people in the Ummah, their states  or a group of the primary nations in the Ummah who have self-authority and independence from any foreign interferences, and it meets in either a centralized or a federal partnership framework, and delegates would be elected by their citizens, where a presidential committee would be chosen to represent the Ummah, such as a Khilafah "Caliphate" committee for the Ummah, and an elected Shurrah committee to represent its people and Ahl alHal Walaqd (influential people) among them; all these characteristics are applicable to an Islamically valid Khilafah "Caliphate"." Furthermore adding: "The international trend towards unity and regional and continental unions, (like the European Union) impose on the Islamic world the direction towards unity and optional union with voluntary consent of the people and their governments."

Also mentioning, "So this is a statute proposal for the conference, and when all of the above-mentioned short-term goals to the level of forming continental organizations and a national system, and the intermediate goals on achieving political reform in every Arab and Islamic country to establish righteous governments are achieved, it would not take much time for all or most of these righteous governments to reinforce unity and integration between its states and provinces politically, economically and militarily to pave the way for achieving the ultimate goal of the [Righteous Khilafah "Caliphate" and one nation] providing to their people security and stability, development and prosperity. It would also bring world peace, justice and positive cooperation that humanity is longing for."

You also said: "All that has been mentioned previously of long-term strategic goals may require decades to accomplish, while the intermediate-term goals may take a few years to accomplish...The regional organizations will not be able to fulfill these goals unless they place blueprints, programs and research through which they will identify the current laws and systems and the way to benefit from them in order to accomplish the organization's goals..."

You stated: "It is then necessary for the organizations in their provinces and states to seek for either reaching to power or to participate in it, with the aim of establishing the Righteous rule in every Arab and Islamic region, as a transitional political goal." You also said: "The conference aims to achieve its goals in every appropriate and legitimate means, including:...political participation to reach legislative and executive authority.."

It is clear from these quotes taken from the tenth chapter that they contradict the method of Rasulallah (saw) in establishing the Islamic Khilafah "Caliphate" State. In fact, some of your quotes contradict what you have even mentioned in your previous chapters; as detailed below:

1. Just as the idea of the legislative rules is presented in Islam, its method is also outlined. For the One who said: "Perform prayer" is the same One - Allah Subhanahu Who revealed to His Messenger (saw):

«صلوا كما رأيتموني أصلي» "Pray the same as you have seen me pray."

So how do you speak about the obligation of establishing the Khilafah "Caliphate" with its legislative evidences, but do not acknowledge the method of establishing it through the legislative evidences as drawn to us by Rasulallah (saw)? Did not the Sunnah of Rasulallah clearly present to us its implementation when the Prophet (saw) sought the support (Nussrah) from the people of power from tribes and the Ansar of Madinah?

Is it permitted to take the law that establishing Khilafah "Caliphate" is mandatory from the sayings of the early Mujtahideen (fiqh scholars) that are built upon Shariah evidences and not adopt the method of establishing it from the Shariah evidences presented to us in the Seerah of Rasulallah (saw)?

Just as the Khilafah "Caliphate" is an obligation according to Shariah evidence from the Quran, the Sunnah, and the resultant evidences indicated by them, similarly, the method of establishing it has to be in accordance to the Shariah evidences from the Quran, Sunnah, and the resultant evidences indicated by them, as it is the case with all other Islamic Laws in terms of their idea and method. Likewise, just as prayer is an obligation according to the Shariah evidence, its implementation should also be according to the Shariah evidence, and the same applies to Hajj and other Ahkam.

The Prophet (saw), presented to us the obligation of establishing the Khilafah "Caliphate", and also presented to us the method of establishing it by seeking Nussrah and establishing a state in Madinah. Rasulallah (saw) repeatedly sought Nusrah from tribes, (being the people of power) tens of times yet they refused, and they in fact responded cruelly to the Prophet, peace be upon him, physically assaulting him to the extent that his feet bled. Furthermore, they stipulated him with many unlawful terms. Yet, Rasuallah (saw) never changed his path, despite the harsh times he had while seeking Nusrah. He (saw) remained steadfast upon it until by the will of Allah the Ansar offered him Nusrah, giving him the second pledge of Al-Aqaba, therefore the Messenger (saw) established the state in Madinah. As in Usool (principles of fiqh), the steadfastness of Rasulallah (saw) on a specific action, despite the complications faced, is a decisive indication (qareenah) that following the same act is obligatory. And hence seeking the Nusrah from the people of power is an obligatory method to establish the Khilafah "Caliphate" State.

2. However, in the tenth chapter, you set your own method of implementation; you spoke about arranging a discretionary union between all the nations of the Ummah, then this union would choose a presidential committee, such as a committee for the Khilafah "Caliphate". After that, you mentioned intermediate goals and final goals...you wrote about long-term strategic goals that would take decades to fulfill, and intermediate short-term goals that would take a few years to complete... You also brought up regional organizations which would organize a national Ummah conference that seek political reformation in every region, familiarity of the current laws and systems, and their benefit to achieve the organization's goals, and in fact to participate in the existing authorities as a transitional political goal. You confirmed this by saying: "The conference works on achieving its goals in all proper and legitimate methods possible, including... political participation in order to reach legislative and executive authority..."

All of these presumptions and proclamations on establishing the Khilafah "Caliphate" via intermediate and final goals have no Shariah evidence backing, and is completely against the method that Rasulallah (saw) has drawn for us in establishing the Islamic state (Khilafah "Caliphate"); the method which he strictly adhered to until the establishment of the state in Madinah. In terms of this and the obvious Shariah-conflicting approach outlined in your book, your approach conflicts with the reality of the states in power today, and also conflicts with what you mentioned in the previous chapters that the current rulers are tyrants, governing with other than what Allah has revealed, and that they must be removed!

Dear brother, how does calling them tyrants correspond with becoming part of their authority, preserving their political systems, and benefitting from their laws and systems in attempt to undergo your project of establishing the Khilafah "Caliphate" state?! You respond by saying that you will only interact with the best of them, but does participating in the tyrant governments turn them righteous, or will it turn the participant into a tyrant?! This is in addition to the grave sin which befalls the person participating in an authority that does not rule by the divine rule of Allah (swt), even if this participation was only for a period of one hour from the day.  So if this was the case, then what would be the consequence of your view that this participation is an intermediate goal that may last for a few years or even decades?!

You also realize without a doubt that these rulers fight the Khilafah "Caliphate" and those striving for it; how then will these same tyrants work together in a discretionary alliance to establish the Khilafah "Caliphate" state, while keeping their own governments alive?

And what is this? Will the states unite together as a union structure to choose a representative presidential committee called the Khilafah "Caliphate" committee, which will develop into a Khilafah "Caliphate" state? Is this an Arab Union, an Islamic Conference, or in the best case scenario like the European Union? Is the Khilafah "Caliphate" state so anonymous as a reality and as a Shariah to have such a random haphazard style?!

The Khilafah "Caliphate" will never be established from within the current, man-made systems by forming a union between them. Even if it were to be carried out, on the contrary, the Khilafah "Caliphate" will be established by removing all man-made systems, just as Rasulallah, peace be upon him, did by removing the Jahiliyah regimes and replacing them with Islamic rule. The Islamic state was established in a specific and concise way (by seeking Nusrah), and without a doubt, you are aware of the obligation of abiding by the method of Rasulallah (saw) as a whole. Therefore, designing a project to establish the Khilafah "Caliphate" in a way other than the way of the Prophet (saw) is not permitted.

3. Then there are issues that oppose the Islamic rulings (Ahkam Shariah) in your writings about your perceptions for establishing the Khilafah "Caliphate":

You stated: "The conference consists of regional organizations that participated in its establishment and that had agreed to its membership. The conference meetings would be periodical under the management of members eldest in age. Decisions would be made by majority rule, with the right that allows any organization to reserve its decision, so that the decision would only become binding to whoever agrees with it.

However, it is an obligation to base decisions according to the strongest Shariah evidence, not from a majority vote. These decisions are supposed to be Shariah-based solutions for any issues that are brought to the conference's attention, meaning Shariah laws that are taken from evidence despite the number of the majority vote, as though what you mentioned was a slip of the tongue or a slip of the pen, as I do not think that you mean that deriving the Shariah laws is based on the majority's agreement, do you? Unless what you are referring to are the administrative decisions and not those issues solved by the Shariah; although the context of your writing does not point to this.

You also mentioned: "At the time when Shiite organizations created a political project for the (wilayat al-faqeeh) state, which is a modern concept unknown to the Shiites prior to this era, while on the hand Sunnis did not move to form a Sunni Rashidi political reform platform even though the Islamic Khilafah "Caliphate" as a political regime ruled the Ummah for 13 centuries,"

The requirement is not to deal with the matter using a Sunni approach versus a Shiite approach, but to use an Islamic approach, as was revealed in the heart of Islam: ((هُوَ سَمَّاكُمْ الْمُسْلِمينَ)) "He called you al-Muslimeen" without dividing Muslims into Sunni and Shiite. Establishing the Khilafah "Caliphate" is an obligation on all Muslims regardless of being Sunni, Shiite, Ibadhe, or Zaidi...

Also instead of simply showing the importance of the Arabs in Islam because they are the people of its language, you focused on their preference over other Muslims saying: "For it is in the principles of (ahl alsunnah wal jama'ah) preferences Arab over others." Which carries the tone of Assabiyya (prejudice) which is not permissible in this context; this is against the supreme ayah: ((إِنَّ أَكْرَمَكُمْ عِنْدَ اللَّهِ أَتْقَاكُمْ إِنَّ اللَّهَ عَلِيمٌ خَبِيرٌ)) "Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted." And the Hadith of the Prophet (saw):

«أَلَا لَا فَضْلَ لِعَرَبِيٍّ عَلَى عَجَمِيٍّ وَلَا لِأَسْوَدَ عَلَى أَحْمَرَ إِلَّا بِالتَّقْوَى..»

"There is no superiority of an Arab over a non-Arab, and no superiority of a red person over a black person, except in piety." The proper manner would have been to merely mention the importance of the Arabs without reference to preference over others.

I conclude this part of the memo of the Shariah method of establishing the Khilafah "Caliphate", which is further explained in detail in our books that you undoubtedly have in your possession or are available to you.

This is the first part of the advice (the clarification).

As for the second part (the reproach): you stated that the Islamic Ummah has not attempted neither by itself, nor has any movement or party to create a political project to establish the Khilafah "Caliphate"; where you quoted: "The Ummah, representing (ahl alsunnah wal jama'ah) by 90%, has remained with no representative political project for 100 years since the fall of the Ottoman Khilafah "Caliphate"; a political project that should be based on the policies of Islamic, Quranic, and prophetic origins. The Islamic movements, which were originally created for the purpose of restoring the Khilafah "Caliphate" and resuming the Islamic way of life, remained doctrinaire, missionary, educational movements, without any strategic political projects."

O Subhana Allah, you shocked me in two aspects:

First of all: If there is something in common between the followers of Islam and between its suppressers, is that they agree on the fact that Hizb ut Tahrir in particular clearly covers all aspects of establishing the Khilafah "Caliphate"!

Hizb ut Tahrir has indicated all the evidence regarding the obligation of establishing the Khilafah "Caliphate" state extracting its evidences from Saheeh (correct) Ijtihad from Shariah laws, presenting the Sharii' point of this obligation and the duty to strive for it. Hizb ut Tahrir then explained this in its widely available books and held a Khilafah "Caliphate" conference with an attendance of more than a hundred thousand participants. Hizb ut Tahrir also held an international Ulemah conference regarding the Khilafah "Caliphate", where about seven thousand of the greatest Muslim scholars attended, and issued a call to the Ummah and people of power concerning the Khilafah "Caliphate", its intellectual and practical work on the topic too numerous to count.

Hizb ut Tahrir presented the Islamic solution to all emerging problems, and illustrated them in its books: The Economic System of Islam, The Social System, The Ruling System, The Institutions of State in the Khilafah "Caliphate", The Islamic Personality, The System of Penalties, Political Thoughts... The Hizb also held a conference about the economy, attended by thousands, addressing solutions for any economic crisis. It also held an international Media conference, attended by international guests, where it discussed Media policies and Islamic perspective of the National and Regional hot issues. Hizb ut Tahrir continues to hold numerous lectures, seminars, and rallies that no sane person can deny who bears witness to these.

Hizb ut Tahrir published Introduction to the Draft Constitution, and its Articles are extracted as Shariah laws in various chapters such as the general laws, ruling system, social system, economic system, education policies, and foreign affairs policies and international relations. These 191 Articles, derived from Shariah evidence (Quran, Sunnah, (Ijmaa') consensus of sahabah, and (Qiyas) shariah analogy), were introduced to the thinkers at the conference; they were asked to examine any article that was not based on correct Ijtihad or if the interpretation of the evidence was not related to the issue discussed.

All the while you say in your project that no party in the Ummah has presented a political project since the fall of the Ottoman Khilafah "Caliphate"!

Even worse is that you claim that Hizb ut Tahrir has not engaged in any struggle or political conflict. You say: "Even Hizb ut Tahrir, that has made the Khilafah "Caliphate" its main priority and is also known as a Hizb, has remained an intellectual missionary Islamic group without any effort or political strife in attempt to reach their goals."

How is that, May Allah have mercy on you?!

Do you not know of Hizb ut Tahrir's several attempts of seeking Nusrah to establish the Khilafah "Caliphate", but did not succeed, and the consequent harm on the Hizb members? The Party is still continuously following this method unconditionally until the Khilafah "Caliphate" Rashidah is established Inshallah, in the footsteps of the Prophet, peace be upon him, who struggled until finally established the state in Madinah.

Did you not know how many thousands of Hizb ut Tahrir members are in tyrant jails all over the Muslim world? Some who have yet to stand trial while others have been sentenced to long term prison terms reaching a 30 year term? Not to mention the harm and stressful conditions on the Hizb members from the dictator rulers and their man-made regimes.

And do you not know the number of those martyred in the prisons of Central Asia, Syria, Iraq, and Libya?

A tenth of a tenth of such sacrifices has people describing this as struggle indeed a great struggle and a great political struggle unlike what you mentioned: "Even Hizb ut Tahrir, that has made the Khilafah "Caliphate" its main priority and is also known as a Hizb, has remained an intellectual missionary Islamic group without any effort or political strife in attempt to reach their goals."

This was what first shocked me.

What shocked me second is that you are not one of the general public who are sidetracked by their busy lives working hard day and night to get food on the table who do not have time to follow current affairs. You are not among the most wanted by the oppressive rulers preventing them from following issues as they happen. These people may be excused for not knowing of such events.

However you are among those who hold multiple higher degrees, and have high rank. You do not have any government restrictions even when you were the secretary general for the Ummah Party in Kuwait (2005-2008); afterwards, you still remain on good terms... All this shows that you have the capacity in time to follow up on events and are secure in your living conditions; and without a doubt you have seen, read, or met someone who has informed of the acts of the Hizb.

But you still claim: "Even Hizb ut Tahrir, that has made the Khilafah "Caliphate" its main priority and is also known as a Hizb, has remained an intellectual missionary Islamic group without any effort or political strife in attempt to reach their goals."

Oh brother, Hizb ut Tahrir realizes that working to establish the Khilafah "Caliphate" is not a duty on Hizb ut Tahrir alone, but it is the duty of all able Muslims. The Hizb supports all those who work to establish the Khilafah "Caliphate" based on Shariah evidence according to the method taken by Rasulallah (saw) until he established the Islamic State in Madinah.

At the same time, it saddens the Hizb to see or hear that there are writers calling for the Khilafah "Caliphate", in a distorted manner by advocating for a union between the tyrant rulers, ruling by systems that have not been revealed by Allah (swt), and to assign in this union a counsel named a Khilafah "Caliphate" council as if it were the Islamic Conference or Arab League, or at best the European Union, consisting of entities each with its own sovereignty. Furthermore, they call their project the Khilafah "Caliphate"! This way they are engaged, knowingly or not, in distorting the image of the Khilafah "Caliphate" in the minds of Muslims, and disrupting those working for the sake of establishing it.

But the Khilafah "Caliphate" is more powerful than corruption and confusion, for it remains clear in statement and action in the Quran, the Prophet's Sunnah, and consensus of the Sahabah. The Khilafah "Caliphate" Rashidah will return by the will of Allah as He has promised us and His Messenger (saw) told us of the glad tidings.

Finally, Hizb ut Tahrir will not be affected by anyone denying its work to resume the Islamic life by establishing the Khilafah "Caliphate" Rashidah, for the Hizb's work in this matter is as the blazing sun that can not be masked by the gloomy clouds! The Hizb, with the permission of Allah, is certain of the validity of its serious and steadfast acts to establish the Khilafah "Caliphate" Rashidah. However, it sends this reproach as guidance (Naseeha) hoping that Dr. Al-Mutairi will reconsider his project proposal in the tenth chapter and revise the errors so it would complement the first nine chapters. Then he will be Inshallah, amongst the best of those who err if he does.

In conclusion, one may say that Dr. Al-Mutairi will not benefit from a "clarification and reproach advice" for he is not naive with these issues since he undoubtedly has read the Seerah of the Prophet (saw) seeking Nusrah, the second Baya'ah Al-Aqabah, and the establishment of the Khilafah "Caliphate". And without a doubt has probably read about the Al-Khulafaa' Al-Rashideen, and knows that the Khilafah "Caliphate" is an Islamic ruling system exclusive in implementing one state with one Khaleefah, and not ruled by a union with a Khilafah "Caliphate" counsel or assembly. Also, he surely knows that the Hizb that is constantly struggling and striving to establish the Khilafah "Caliphate" on the method of Rasulallah (saw) is none other than Hizb ut Tahrir.

With that I say: Should not the first nine chapters intercede with righteousness, hold the benefit to rectify the last chapter from falsehood, having the writer worthy of this advice? Indeed they (9 chapters) shall intercede. Allah (swt) is the Guide to His Path.

Wassalamu alaikum wa rahmatullahi wa barakatuh

Ata Bin Khalil Abu Al-Rashta

Ameer of Hizb ut Tahrir

To read the press release from the Central Media Office of Hizb ut Tahrir