بسم الله الرحمن الرحيم

Egypt’s new constitution must be a true Islamic constitution

The central political debate these days in Egypt revolves around the forthcoming constitution. The political parties, and the liberal forces in addition to the ruling military council do not want (and there is no question in this) an Islamic constitution which reflects the feelings of the great majority of the people of Egypt who yearn for the rule of Islam via the Islamic Khilafah state.

So you see them attempting through many ways to impose their vision of what the coming constitution should be including the attempt by the ruling military council to make binding the ‘Salmi document’ (which devotes itself to the concept of a ‘Civil, secular and democratic state’).

When this failed they began to look for an alternative plan so the ‘Majlis Al-Istishaari’ (consultative council) was established to run parallel with the ‘Majlis Ash-Sha’b’ (The people’s assembly) so it would take part in formulating the constitution, but this attempt also failed. It was seen necessary to use this in order to set principles related to the selection of members from outside the parliament to be included in the group who would formulate the constitution so that the formulation of the constitution would not be under the dominance of a specific group, the ‘Islamists’.

This was stated clearly by Muhammad Al-Khawli the official spokesman of the consultative council on the 28/12 and from another side ‘Imaad ‘Abdul Ghafoor, head of the Nur (Salafi) party who confirmed that the party had begun to form a ‘Law committee’ to prepare a new constitution relying upon in its formation all other constitutions and historical experiences so as to choose the best from among them. Dr Yusri Hammaad the spokesman of the same party affirmed to the newspaper ‘Al-Misry Al-Yawm’ on 27/12 that the constitutional project the party had laid down had not adopted within it the presidential form of government because it was not the fairest system for the land, and that he would expend his efforts to implement the Islamic Sharee’ah via ‘gradualism’ so that faults and blemishes would not occur within the state system.

We respond to them by saying:

Indeed the directing of Muslims to Islam is a natural direction. The results of the first and second rounds of the ‘Peoples assembly’ elections bear testimony to that. The west fears in an evident manner the return of true Islam to the reality of life in state and society. No matter how much they and their helpers attempt to turn the people from this direction they will never succeed. No matter how much they spend in terms of money on what are named ‘Civil society institutions’ they will never succeed.

Allah سبحانه وتعالى says:

إِنَّ الَّذِينَ كَفَرُوا يُنْفِقُونَ أَمْوَالَهُمْ لِيَصُدُّوا عَنْ سَبِيلِ اللَّهِ ۚ فَسَيُنْفِقُونَهَا ثُمَّ تَكُونُ عَلَيْهِمْ حَسْرَةً ثُمَّ يُغْلَبُونَ ۗ وَالَّذِينَ كَفَرُوا إِلَىٰ جَهَنَّمَ يُحْشَرُونَ

“Verily, those who disbelieve spend their wealth to hinder (men) from the Path of Allah, and so will they continue to spend it; but in the end it will become an anguish for them. Then they will be overcome. And those who disbelieve will be gathered unto Hell.” [Al-Anfaal, 36]

We say to those who are affiliated to the Islamic project in Egypt:

Verily your consideration that keeping the second article of the constitution is sufficient in making this constitution Islamic is indeed a false consideration. This is because the article states: ‘Principles’ of Sharee’ah and it does not say the ‘Islamic Rules’ and what has been understood here is the principles of justice and equality and other than these from general and vague terminologies which bring no benefit to anyone. Similar to this is the statement: ‘The main source of legislation’ which does not negate other sources which are from other than Islam. It is upon us to ask you: Does the implementation of the Islamic Sharee’ah bring faults and blemishes to the state system, and how is it possible to implement Islam gradually?

If you indeed desired a real Islamic constitution then it would be obligatory and necessary to place the first article of the Islamic state as the following:

‘The Islamic Aqeedah is the basis of the state, where nothing is allowed to exist within its entity or its institutions or the apparatus of taking to account or anything related to them unless the Islamic Aqeedah is the basis for them. And it is at the same time it is the basis of the constitution and its legislative laws where it is not permitted for anything to exist which has a relation to either of these that does not emanate from the Islamic Aqeedah’.

We make this clear to you so that you do not waste this golden opportunity to establish Islam firmly in ruling and in building the true state which the Lord of the worlds wishes for us to establish.

We say to the ruling military council:

It is obligatory upon you to lean in the direction of the good from amongst the Ummah who are not content with anything except the rule of Islam. This which be accomplished except by the establishment of the righteous Khilafah state. The state which our Lord has promised us and our Prophet صلى الله عليه وسلم has given us glad tidings of its return and which will return the Ummah to its previous standing: ‘The best Ummah raised up from mankind’ and make it the leading state in the world. Verily we in Hizb-ut-Tahrir call you to work with us for the sake of announcing the establishment of the Khilafah upon the path of the prophethood and we place before you the constitution which has been prepared by the Hizb so that it can be implemented in this state.

We say to the Coptic Christians in Egypt:

Verily they and other than them from amongst non-Muslims are to be regarded as the citizens of the Islamic State like all other citizens. They have the right of citizenship, the right of protection, the guarantee of livelihood, the right to be dealt with in goodness and the right of being treated with kindness and leniency. They can participate in the Muslim army and fight alongside them although fighting is not obligatory upon them. They have the same as the Muslims in terms of fairness and the right for redress and they are looked at in front of the Judiciary and all citizen affairs in addition to the application of the laws of transactions and punishments in the same way as Muslims without any discernment. It is obligatory that justice be provided for them, just as it is obligatory to be provided upon Muslims. The Islamic constitution is the only constitution that will preserve these rights and realize for them peace and security.

فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّىٰ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لَا يَجِدُوا فِي أَنْفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًا

“But no, by your Lord, they can have no Faith, until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.” [An-Nisaa, 4:65]

The Media Office of Hizb-ut-Tahrir

Wilayah of Egypt

6th Safar 1433h

12/31/2011

The above is a draft translation from Arabic. The original Arabic article is here: http://www.hizb-ut-tahrir.info/info/index.php/contents/entry_15875