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بسم الله الرحمن الرحيم

Open letter from Hizb ut-Tahrir to The President of the National Assembly, Respected Members of the National Assembly,  Respected Chairman and Members of the Constitutional Committee


Assalamu 'alaykum wa rahmatullahi wabarakaatuhu

All praise is to Allah who legislated for His servants that which brings them happiness in this world and the Hereafter and made this legislation a book that is recited and a constitution that is acted upon, He (swt) said:

الْحَمْدُ لِلَّهِ الَّذِي أَنزَلَ عَلَى عَبْدِهِ الْكِتَابَ وَلَمْ يَجْعَل لَّهُ عِوَجَا

' All the praises and thanks be to Allâh, Who has sent down to His slave (Muhammad SAW) the Book (the Qur'ân), and has not placed therein any crookedness. [18:1] 

He made this legislation suffice from any other legislation, and obliged them to follow it and act upon it: 

وَأَنَّ هَـذَا صِرَاطِي مُسْتَقِيماً فَاتَّبِعُوهُ وَلاَ تَتَّبِعُواْ السُّبُلَ فَتَفَرَّقَ بِكُمْ عَن سَبِيلِهِ ذَلِكُمْ وَصَّاكُم بِهِ لَعَلَّكُمْ تَتَّقُونَ

'And verily, this (i.e. Allâh's Commandments mentioned in the above two Verses 151 and 152) is my Straight Path, so follow it, and follow not (other) paths, for they will separate you away from His Path. This He has ordained for you that you may become Al-Muttaqûn (the pious).' [6:153] 

Since you are entrusted with the drawing up of the constitution we hope that this constitution will emanate from the Book of Allah and the Sunnah of His Messenger, in compliance with the ayah:

وَأَنِ احْكُم بَيْنَهُم بِمَا أَنزَلَ اللّهُ وَلاَ تَتَّبِعْ أَهْوَاءهُمْ وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَا أَنزَلَ اللّهُ إِلَيْكَ فَإِن تَوَلَّوْاْ فَاعْلَمْ أَنَّمَا يُرِيدُ اللّهُ أَن يُصِيبَهُم بِبَعْضِ ذُنُوبِهِمْ وَإِنَّ كَثِيراً مِّنَ النَّاسِ لَفَاسِقُونَ

' And so judge (you O Muhammad SAW) between them by what Allâh has revealed and follow not their vain desires, but beware of them lest they turn you (O Muhammad SAW) far away from some of that which Allâh has sent down to you. And if they turn away, then know that Allâh's Will is to punish them for some sins of theirs. And truly, most of men are Fâsiqûn (rebellious and disobedient to Allâh).' [5:49] 

And He (swt) said: 

أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللّهِ حُكْماً لِّقَوْمٍ يُوقِنُونَ

'Do they then seek the judgment of (the Days of) Ignorance?[] And who is better in judgment than Allâh for a people who have firm Faith.' [5:50]
And He (swt) said: 

وَمَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانتَهُوا

'And whatsoever the Messenger (Muhammad SAW) gives you, take it, and whatsoever he forbids you, abstain (from it).' [59:7] 

These noble ayahs show clearly the obligation to refer to the Sharee'ah of Allah Ta'aala because He is the Creator of man, life and universe. And because this Sharee'ah has the fitting solutions to what man needs in terms of the organisation of his relationship with his Lord, such as the 'ibadaat, or the relationship with himself such as the food and clothing, or the relationship with others in society such as the transactions and punishments. In this manner the legislation has encompassed all systems of life, whether in social, economic, political, ruling, education. In this way, the Sharee'ah realises the happiness of man and establishes justice, security and a decent life. 

That is why Hizb ut-Tahrir has prepared a draft constitution, which has been deduced from the Book of Allah and the Sunnah of His Messenger and it consists of 186 articles, which clarifies the form of the ruling system and organises the affairs of all people, both Muslim and non-Muslims. 

Dear brothers: 

In this delicate stage in the life of our Ummah, you are responsible before Allah (swt). Either you decide upon a constitution whose source is the Book of Allah and the Sunnah of His Messenger, or you succumb to the pressure of the American occupation, which wants the constitution to be secular based on the current law for state administration that America has legislated, which secures the creed of separating religion from life. 

O brothers:

If you respond to Allah and His Messenger, then you shall have the success in this world and the Hereafter by referring to the law of Allah. And if you turned away, then for you will be the loss in this world and the Hereafter.

He (swt) said: 

يَا أَيُّهَا الَّذِينَ آمَنُواْ اسْتَجِيبُواْ لِلّهِ وَلِلرَّسُولِ إِذَا دَعَاكُم لِمَا يُحْيِيكُمْ وَاعْلَمُواْ أَنَّ اللّهَ يَحُولُ بَيْنَ الْمَرْءِ وَقَلْبِهِ وَأَنَّهُ إِلَيْهِ تُحْشَرُونَ

'O you who believe! Answer Allâh (by obeying Him) and (His) Messenger when he (SAW) calls you to that which will give you life] and know that Allâh comes in between a person and his heart (i.e. He prevents an evil person to decide anything). And verily to Him you shall (all) be gathered.' [8:25]

Hizb ut-Tahrir

Wilayah of Iraq

H. 19 Jumada I 1426
M. : Monday, 27 June 2005


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