definition of a hizb

Question: Is Hizb-ut-Tahrir a Mujtahid or Muqalid (Aami or Mutabee), and what
is the stance of the Hizb towards the thoughts in the world and towards the laws and
regulations existing or governing the world?
Answer:
Hizb-ut-Tahrir is a Takatul (Structure) established and founded upon an ideology
which its members believe in, and this ideology is intended to materialize in a society
at a particular location and then to spread to the rest of the world. The Hizb is neither
a Mujtahid nor a Muqalid, but a Takatul based upon Islam as an ideology. It is a
group of individuals and institutions (such as committees, the apparatus and setup,
and Halakahs) founded and based upon the Islamic ideology. It is difficult — in fact,
it is impossible -- to describe the Takatul by Ijtihad or Taqleed. It is not correct for the
Hizb to be either Mujtahid or Muqalid. The Hizb adopts thoughts and rules from
Islam, calls for them, and works to implement them. However, these thoughts and
rules are not adopted unless they are taken from a Mujtahid, whether this Mujtahid is
a member of the Hizb or not, alive or dead. The Hizb does not adopt these thoughts
and rules based upon Maslaha (Benefit) or any solution per se. Rather, the Hizb takes
its thoughts and adopts them based upon the fact that they are either brought to us by
the Wahi or derived from what the Wahi brought to us. Thus, the Hizb adopted its
ideas based on the strength of the Daleel and nothing else. If the Daleel of an idea or a
Hukm is sound and strong, it will be adopted. The Hizb will disregard any idea or
Hukm if its Daleel is weak, even though the idea or Hukm is widely accepted by
Muslims or is viewed as a solution for the problem, or adopting it results in a
Maslaha. The adoption of the Hizb is based upon the strength of the Daleel, or in
other words, based on the fact that whatever the Hizb adopts is either brought to us by
the Wahi or derived from what the Wahi brought to us.
The Hizb is founded on the idea alone. In other words it is established on Islam
according to the Hizb’s understanding of its thoughts and rules. The idea alone is the
basis of the Hizb and, hence, the substance and essence of its life. The idea alone
makes the Hizb alive and continues the life of the Hizb as long as life itself exists. The
Hizb is not established around or upon individuals, regardless of their knowledge,
social status, or strength. The Hizb is not concerned about the number of individuals
that accept it, whether the number is large or small. It is not established based upon
the support of the people, whether this number is large or small. The Hizb is not
established on whatever provides it with the capability to do the job, nor is the Hizb
tempted by anything that would have the prospect of making its function easy,
smooth, or progressive. Furthermore, the Hizb is not established by what gets it close
to the authority or facilitates acquiring it. In summary, the Hizb is established upon
one thing: The idea which it adopts.
The Hizb considers this idea as the substance of its life and the soul by which it lives.
If the Hizb loses this idea, then it will die because the idea is the basis for its
existence, its life, and its progress and course of action. Therefore, the Hizb is
concerned about the idea alone and directs all of its attention to the idea. Most of its
actions are related to the idea, whether those actions consist of Tabanee, publications,
or application. Also, any action needed either to build the society, to re-establish the
State, or to revive the Ummah, or an action mandated in carrying the message to the
entire world, is related to the idea. When the Hizb works to re-establish the State,
build the society, revive the Ummah and carry the message to the world, it performs
this work based upon the Fikra (idea) and for the sake of the idea because the idea
constitutes everything in Hizb ut-Tahrir. The “idea” refers to the ideology of Islam as
a rational creed built upon a spiritual foundation in addition to being a political
thought. Islam is neither a religious and spiritual idea alone, nor simply a rational
idea. Furthermore, it is not just a set of laws or a political idea that only addresses the
notion of taking care of the affairs of the people. Rather, this idea is taken as a
comprehensive thought addressing: Man, life, and the universe; what came before
them as well as what will come after them; and the relationship between them to what
was before and what will come after them. This comprehensive thought, which
addresses the problems of the life, is adopted in such a manner that it must be
implemented in the society and upon the people, and eventually carried to the world.
Thus, the Hizb is a political party with Islam as its ideology. It is not correct to
describe the Hizb with any other description.
Since the Islamic idea alone is the substance of the Hizb’s life, it adopts this idea
based on a definite and conclusive foundation. Therefore, anyone who wants to join
the Hizb must conclusively believe that it is a structure founded solely upon Islam. Its
members believe in the ideology of the Hizb, which is Islam; and they possess the
desire to re-establish Islam in the society. In other words, no one should join the Hizb
without having the conclusive belief in this Hizb. Also, no one should support the
Hizb unless he believes that the Hizb is established upon the truth in general,
regardless of some details. This requirement of joining the Hizb is the conclusive
belief in its structure; from this perspective, it is similar to the requirement of entering
Islam. However, the requirement of supporting the Hizb is similar to the requirement
of adopting Hukm Sharii. It is enough for one to consider a specific issue as a Hukm
Sharii if he thinks that this Hukm is most likely derived from Islam. By the same
token, in order to support the Hizb, it is sufficient for an individual to think the Hizb
is most likely founded on Islam and that it works for Islam.
Hizb ut-Tahrir laid down a rule to adopt thoughts and rules. Regarding thoughts
related to the Aqaid (plural of Aqeedah), the Hizb does not adopt them unless their
validity and correctness are established by a conclusive Daleel, whether this
conclusive Daleel came from the Wahi or Aqli Daleel according to the Hizb’s
understanding of the definition of the Aql.
Regarding the Ahkam (rules), their correctness and validity do not require a
conclusive Daleel. It is sufficient to adopt a rule that is most likely correct and valid.
Also, the Hizb is not satisfied only with the understanding of the text but looks to the
application of the text and relates it to the situation at hand. Therefore, the Hizb
studies and understands the reality or an issue through the method of Ijtihad
(thoroughly, after exerting its full effort to understand the situation). Afterwards, the
Hizb examines the text through the same process of Ijtihad. Then, the Hizb applies the
rule which is derived from the text to the issue or reality which was studied. If the
Hukm relates to the reality and applies to the issue at hand, then the Hizb will adopt
the Hukm. If the Hukm does not relate or apply to the issue, the Hizb will leave it and
continue searching until it finds the appropriate rule, which the Hizb will adopt only if
the Hukm relates or applies to the issue. If the rule does not apply to the issue, and at
the same time the Hizb is not aware of any other rule that applies to the issue, then
either the Hizb does not take the rule or the Hizb will adopt the position that this rule
is not one of the Ahkam of Islam (meaning it is Haram).
Since the idea is the substance of the Hizb’s life, and the Hizb works according to and
for the Fikrah, then acquiring the authority is the method to apply the Fikrah and not
the method for the Fikrah itself. This is because the method for adopting the Fikrah is
to take it from a Mujtahid according to the Hizb’s criteria and to require the Shabab to
adopt it. The method of propagating the Fikrah is the method which Rasool-Allah
(saaw) used, whether through his sayings or through his actions. And the method to
learn the Fikrah is the Islamic method of learning. The Hizb wants to establish the
Fikrah in the society. Thus, one of its most important functions is to acquire the
authority in order to implement the Fikrah. However, the Hizb works to propagate the
Fikrah and educate the individuals to carry it. Thus, the Hizb lives by the Fikrah
alone.
However, the Fikrah has lost its clarity in the minds of the Muslims because of many
factors, and it was subjected to both cultural and political attacks, resulting in a great
distortion and confusion. Since this Fikrah is its spirit, the Hizb must adopt from its
thoughts and rules. The Hizb must adopt whatever is proven conclusively in issues
related to the Aqeedah or whatever the Hizb most likely thinks is correct in the
Ahkam (Sharii rules). This adoption should be sound enough for the Hizb to carry its
responsibility in establishing the State, building the society, reviving the Ummah, and
carrying the message to the world. Due to the great needs to these thoughts, the Hizb
adopted them in ten books published under the Hizb’s name. The Hizb obligated itself
to study and to educate itself by them. In addition to these books, the Hizb wrote other
books and many series of question-and-answers in order to facilitate understanding
Islam in such a way as to carry it to the people. Although the Hizb has not adopted
these books, they are written using the same standards as the adopted
Although the Fikrah, according to the Hizb’s understanding, is the substance of the
Hizb’s life and the objective of its own existence, the Hizb is not a Madhab or an
order, nor is it one person. The Hizb is a political party based upon the Islamic
ideology, in other words, it is a structure established upon a specific idea which its
members believed in and wish to re-establish in the society and convey to the world.
The Hizb has a specific method of study and research. However, the Hizb is neither a
Mujtahid nor a method. This method is restricted only for adoption and not for Ijtihad.
The purpose of the method is to maintain the process of adoption and not to require or
force the people to develop their understanding according to it. Although the Hizb
adopted a specific method, it did not adopt all the thoughts needed for the Muslims.
The Hizb adopted the thoughts needed for the party to function. For example, the
Hizb adopted only what is needed from the Aqeedah. Also, the Hizb adopted only
those Ibadat needed to propagate specific ideas such as some rules of Jihad. In
addition, the Hizb adopted from the Akham Shari’yah only what is needed to acquire
and maintain the authority. For example, the Hizb adopted in Nidham ul Hukm and
did not adopt in the Ukoobat (penal code) or some details of transactions. Therefore,
the Hizb is not a Madhab, an order, or a Mujtahid.
In addition, even though the Hizb’s concern is the Fikr and its actions are based upon
this Fikr, the Hizb is not an intellectual school or a school of thought. The Hizb is not
a messenger, nor does it possess anything that is either part of the message or related
to the message. The Hizb simply follows the illiterate prophet (al-Nabey al-Ummey).
We will continue to proceed according to his course. The Hizb is a group of Muslims
who formed around the ideology of Islam to bring it back to the society and carry it to
the world. It is based upon the ideology of Islam and follows the prophet and
messenger of Islam and proceeds according to his guidance. We follow no one but
him, and we give no weight to anyone other than him.
Furthermore, the Hizb is part of the Ummah and, hence, its membership consists of
Muslims. We are not distinguished from any Muslim (regardless of age or social
status) except in one aspect, which is that the Hizb carries the heaviest burden and is
most eager to acquire the pleasure of Allah (swt). The Muslim Ummah constitutes the
Hizb’s strength, and the Hizb is a part of this Ummah. This Ummah is the one which
presents Islam and is the one which is considered Jamat ul Muslimeen (Muslim
Ummah). Neither the Hizb nor any other party is considered as such. However, since
the Hizb is the caretaker of the society and considers the Fikrah as the substance to its
life, then the Hizb considers the Islamic Aqeedah as the basis for the Ummah as well
as for the Hizb. Thus, if the Ummah agreed unanimously to abandon the Islamic
Aqeedah, then the Hizb is obliged to counter this, even if it is alone, until the Hizb
redirects the Ummah back to Islam. However, if the Ummah unanimously agrees to
something other than rejecting Islam, the Hizb will never secede from the Ummah.
The Hizb will continue to work on its course as part of the Ummah, while maintaining
its understanding.
Regarding the Hizb’s position towards other laws and regulations, it is the position of
Islam. Any law or regulation based on Kufr cannot be taken, because it is not allowed
to take any rule other than the rules derived or emanating from the Wahi. Regarding
the thoughts and ideas, if they are not a part of the laws and rules, such as the idea that
life is materialism, or the idea that man is created by the Creator, the Hizb will take
only that which is in line with Islam and will disregard anything which contradicts
Islam. In any case, the Islamic Aqeedah is the basis for all thoughts and regulations.
All regulations that the Hizb adopts must be extracted from the Wahi, and all thoughts
must be built on it. What the Hizb adopts from the thoughts and rules is confined to
the Islamic Aqeedah. The Hizb is directed by the Islamic Aqeedah alone and takes the
position it does because the Islamic Aqeedah is the substance of its life. Furthermore,
this Aqeedah directs all of the Hizb’s actions and positions. Even the adoption for any
idea is based on the Islamic Aqeedah and nothing else.
Hizb ut Tahrir
29 Rabi-al Awal 1394
April 21, 1974