Madinat al-Muslimeen Islamic Message Board
|The defence speech|
|09/07/01 at 04:38:34|
|The defence speech by one of the Shabab of Hizb ut-Tahrir in Turkey, which he gave before an Ankara court on 28/2/2001|
Praise be to the Lord of the Worlds and Peace and Blessings be upon the most noble creation and leader of the Messengers, Muhammad and upon his family, companions, Tabi’in and all those who followed his (saw) method to establish the righteous Khilafah.
Members of court:
The charge that has been directed against me by the prosecutor is that of belonging to Hizb ut-Tahrir which is an illegal and terrorist party. The prosecutor has requested that I be tried according to the law of fighting terrorism.
As for my being a member of Hizb ut-Tahrir, this is correct. I do not reject this, but rather I am proud of it. The fact that I am a member of Hizb ut-Tahrir is an honour for me.
As for the claim that Hizb ut-Tahrir is an illegal terrorist party. This is a false and incorrect claim. You have no evidence or proof for this. Rather, the opposite is true. Hizb ut-Tahrir is legal according to the laws of Islam, and has nothing remotely to do with terrorism. I shall present the proof for this.
O Members of the court:
Verily, Hizb ut-Tahrir is a political party whose ideology is Islam. It works to resume the Islamic way of life through the establishment of the righteous Khilafah, which is the only method to save the Muslims from the unfortunate and backward circumstances in which they live. To rid them of the humiliation they endure, and to make them build the edifice of a peerless, great civilisation. They will create a glorious present, just as they had a glorious past, for they are the best Ummah raised up for mankind.
Hizb ut-Tahrir was established in response to the order of Allah (swt) in Sura Al ‘Imraan: ’And let there arise out of you a group inviting to all that is good (Islam), enjoining the Good (ma’roof) and forbidding the Evil (munkar). And it is they who are successful’. [ TMQ 3:104] This ayah emphasises the need for an Islamic political party. What is meant by the word ‘khayr’ in the noble ayah is Islam, and enjoining the good and forbidding the evil is general, which includes the rulers and the ruled. This is political activity established on the basis of Islam ie the group, whose formation the ayah has obliged, is a political party whose ideology is Islam. This is the meaning of Hizb ut-Tahrir. It a Fard according to the ayah, and it is indeed a great Fard.
This is from one angle. From another angle we see that Allah (swt) obliged the Muslims to rule by what Allah has revealed. He (swt) said: “So judge between them by that which Allah has revealed.”
[TMQ 5:48] He (swt) said: “Judge between them by that which Allah revealed.” [TMQ 5:49]He (swt) said: “Whosoever does not judge by what Allah has revealed, such are the disbelievers.” [TMQ 5:44]
These ayah oblige ruling by what Allah (swt) has revealed. This cannot be done except through the establishment of the righteous Khilafah. The Shari’ah principle states: ‘That which is necessary to establish a waajib is itself waajib’ (maa laa yattimmul waajib illa bihi fahuwa waajib). Establishing the Khilafah is Fard. This cannot be done except by a collective political activity, ie a block which is structured around Islam, which works to establish a righteous Khilafah in order to rule by what Allah has revealed. This means that is is an obligation to establish a political party, whose ideology will be Islam, which will work to resume the Islamic way of life, via the establishment of the righteous Khilafah. As we have stated before, this is the meaning of Hizb ut-Tahrir.
These decisive evidences show that the establishment of Hizb ut-Tahrir is in compliance with an obligation which Allah (swt) has obligated on the Muslims, and not just on the members of Hizb ut-Tahrir. Not only that, it is also Fard on the court members as well. Therefore, Hizb ut-Tahrir is a party that has been made legal by the Lord of the worlds.
You might say that you do not rule by Islam: Rather you rule with a secular law, and that you consider any party which goes against your secular laws as an illegal party. However, I say, as a member of Hizb ut-Tahrir, that the law of the Creator is far and above any of your laws. The law of Allah (swt) is the truth, and it is the correct law, and the law of man is erroneous and false. The law of Allah is above the law of the weak and needy man. The measure of legality for any action is the law of Allah (swt) and not the law of man. It has been clearly demonstrated to you that Hizb ut-Tahrir is from the law of Allah and that the judgement upon it, is that it is a legal party.
Members of the court:
I have shown you how Hizb ut-Tahrir is a legitimate party and not illegal. Now I shall clarify for you that Hizb ut-Tahrir is also not a terrorist party.
Hizb ut-Tahrir has adopted the Method of the Messenger of Allah (saw), and adhered to it in conveying the Da’wah beginning from when the Messenger of Allah (saw) was sent in Makkah, until he established the state in Madinah. In Makkah Allah’s Messenger (saw) did not not use any material actions, rather he restricted the Da’wah to the intellectual and political struggle. Hizb ut-Tahrir sticks to this method and does not undertake any material, or what you call terrorist actions. The books of the Hizb are available. If you do not have any than you can ask the Mukhabaraat. They have them, since they confiscate them from every Shab of the Hizb they arrest. Read these books and you will know how Hizb ut-Tahrir works and the Method that it follows. Thereafter you will find that the Hizb does not undertake any material actions in the stage of Da’wah, in emulation of Allah’s Messenger (saw). So read ‘The Islamic State’ or the introductory book entitled ‘Hizb ut-Tahrir’. As well, you can read ‘The method of Hizb ut-Tahrir for change’. Then it will be very clearly apparent to you that what you call terrorism is far from the Thought and Method of the Hizb.
As well, Hizb ut-Tahrir works in many Islamic lands not just in Turkey. It does not undertake any material action in any of the lands in which it works, rather it restricts its activity to the intellectual and political struggle.
One can present many evidences to prove clearly that Hizb ut-Tahrir does not undertake any material or terrorist actions. However, I shall content myself to citing just two evidences:
First: The ages of the court members I see before me are approximately the same age as Hizb ut-Tahrir. I wish to ask you: Have you heard or seen Hizb ut-Tahrir undertaking any material, terrorist action? Whether it is in Turkey or anywhere else in which the Hizb works? I will be content if you would mention just one evidence of this. Do you have any evidence?
Secondly: In many Islamic lands the shabab of the Hizb are exposed to intense pursuance and torture, even leading to martyrdom. Despite this the Hizb does not undertake any act of vengeance. And this is at a time when the Shabab are able to do these things, for they fear no one except Allah (swt). In the path of Allah, their lives and property become small in their eyes. Rather the only thing that prevents them from this is their adherence to the Method of the Messenger of Allah (saw) in Makkah, where he used to carry the Da’wah via intellectual and political struggle.
I do not say that the Hizb does not undertake material actions out of hypocrisy, cowardice or benefit, so that you would throw out the sentence against me. This is because the Method of the Messenger of Allah (saw), to which Hizb ut-Tahrir adheres, is what prevents the Hizb’s shabab from undertaking material actions. I would like to reiterate the fact the Shabab of the Hizb have the power and courage to undertake the most dangerous of material actions, if only the Method of the Messenger (saw) in carrying the Da’wah in Makkah permitted this. Rather the only thing it undertakes is the intellectual and political struggle. Therefore, Hizb ut-Tahrir is not a terrorist party, rather it has nothing to do with the terrorism you talk about.
Members of the court:
Why am I being tried today?
Is it because I obeyed Allah and responded to His command? Is it because I work to establish a righteous Khilafah, which will work to unite the Muslims, after they have been divided, and make them a force to be reckoned with amongst the peoples and nations? To liberate them from the oppression of the Kufr regimes and the control of the Kuffar? To return to them their wealth and resources plundered by the Kufr regimes, who have dealings with the enemies and those under their control? Do you try me because I work for this?
Or are you trying me because I wish to prevent the Kuffar from establishing military bases in the Muslim lands, and prevent the Muslims lands from becoming the strategic centres used by the Kuffar for their own interests? Or do you try me because I want to save the Muslims from the dagger implanted by America, Britain, France and other Kaafir states with help of the traitorous hands of those who rule the Islamic lands? This dagger is the Jewish state in the heart of the Islamic world, the place of the Messenger’s (SAW) Night Journey (Israa) and the first of the two Qiblas. Or do you try me for wanting there to be shield that will protect the Muslims, as represented by the righteous Khilafah State?
Indeed, you try me for all these things. If this court was in the lands of the Kuffar, and the judges were Kuffar, and the prosecutors were Kuffar, then it would have been a simple matter and there would be nothing strange about this. But when I am tried by Muslim judges, in a country whose inhabitants are 99% Muslims, and that these people have, in the past, for hundred of years, carried the Message of Islam to guide the world, then this is certainly a strange and astonishing matter, of which Allah, His Messenger and the believers do not approve.
Members of the court:
How can Islam be put in the dock when it is the Haqq from the Lord of the Worlds? How can the Fard to convey the Islamic Da’wah be a crime and terrorism for which a person can be tried? Trying a person for carrying Islam is indeed big in the eyes of Allah, and a great crime. It is a huge success for the Kuffar who have managed to get the Muslims themselves to place Islam in the prisoner’s dock. It is another success for the Kuffar after their first success in destroying the Khilafah, as a result of their conspiracies and brutal actions against Islam and the Muslims. They destroyed the Khilafah and prevented the application of Islam. Then they prevented the Muslims from reestablishing their state and uniting once again. This is a tremendous success for them. But the greatest success of the Kuffar was that they were able to implant rulers in the Muslim lands who hated Islam and the Muslims, more than the Kuffar themselves! Indeed, those rulers fight Islam and the Islamic Da’wah carriers. They pursue them, arrest them and torture them because they work to resume the Islamic way of life and to return Islam to life’s affairs, so that the Muslims are a great world force.
Members of the court:
Hizb ut-Tahrir realised that the Kuffar were not content with just destroying the Khilafah, rather they created kufr regimes in the Muslims lands, to permit what Allah has forbidden and forbid what Allah has made obligatory, and to fight Islam and those who carry its Call. The Hizb knew that these regimes were working to promote kufr thoughts amongst the Muslims, due to the political actions and executive measures they were undertaking. Just as the Hizb knew that these kufr regimes were the ones who were strengthening and protecting the Jewish state as a dagger in the heart of the Muslim lands. The Hizb also understood that the revival of the Muslims and the elimination of their problems could not happen without reestablishing the Khilafah state which will implement the law of Allah on earth, and that this work is a Fard as well as being a great obligation. And that this could not be done individually, rather it should be via a political party whose ideology is Islam. After studying how the successful structure should be established and why other movements failed, Hizb ut-Tahrir adopted Islam as a thought and method using the correct evidences from the Book of Allah and the Sunnah of His Messenger. This Hizb made a firm decision to work to resume the Islamic way of life, by establishing the righteous Khilafah state following the Method of the Messenger of Allah (saw) and bearing the difficulty and suffering in the Path of Allah. Firmly, on the truth, with patience, to revive the Muslims and free them from the awful reality in which they live, so that they may return once again, as Allah wanted them to be: the best nation raised up for mankind.
O Members of the court.
I myself scrutinised Hizb ut-Tahrir. I studied its thought and method and after study, checking and investigation, I found that this Hizb was on the truth and that it was performing a great obligation, which Allah has obliged on the Muslims. It became clear to me that the thought and method of the Hizb was Islamic, clear and pure from the Book of Allah and the Sunnah of His Messenger. That is why I entered Hizb ut-Tahrir and carried the Da’wah as a member, performing the obligation of intellectual and political struggle, and inviting as much as I can every Muslim to undertake this obligation. And here from the courtroom I invite you, the members of the court to this obligation; to carry Islam and work for its implementation. Ruling by what Allah has revealed is a Fard upon you, us and on all the Muslims.
Members of the court:
This is the reason behind my arrest by the tyrant rulers. That is why they have brought me to be tried before this court. This reason is a source for pride and honour for me that Allah (swt) gave me the Tawfeeq to carry Islam and work with Hizb ut-Tahrir, which is not a sin and nor is it a crime.
Members of the court:
In conclusion to my presentation I do not say to you that I am defending a sin that I have committed, and nor do I request you to release me based on this. I am certain I am on the Straight Path and that I am performing a great obligation. Rather I want to say to you that you have before you two options: Either you obey Allah, carry the Da’wah and proceed with those who follow the correct path and therefore judge with justice, and Allah will have Mercy on you. Or you rule by what Allah has not revealed, and judge with injustice, and Allah will punish you. He (swt) said: “And Allah has full power and control over His Affairs, but most men know not.” [ TMQ 12:21]
Source: Wilayah of Turkey
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