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AN ANALYSIS OF THE VIEWS OF HIZBUT-TAHRIR

THIS REPORT INVALIDATES SOME WRONG VIEWS OF HIZBUT-TAHRIR WITH EVIDENCE.

MADE BY: Former members of Hizbu’t-Tahrir DATE: April 2013

For contact e-mail: ahlussunnah@hotmail.nl

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Content

1. Introduction………………………………………………………………………………………………………………3

2. Has Ahlussunnah made a mistake according to Nebhani……………………………………………5

3. Qada and Qadr according to Nebhani………………………………………………………………………..7

4. Shaking hands with a woman according to Nebhani………………………………………………..15

5. Looking at a women according to Nebhani………………………………………………………………25

6. Conclusion.………...…………………………………………………………………………….………….…………27

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1. Introduction In the name of Allah, Most Gracious, Most Merciful. Praise be to Allah, He says:

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Translation: ‘Invite to the way of your Lord with wisdom and good instruction, and argue with them in a way that is best. Indeed, your Lord is most knowing of who has strayed from His way, and He is most knowing of who is *rightly+ guided.’

And greetings are upon the last of the Prophets (Sallallahu Aleyhi Wesellem), who says:

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Translation: ‘He who makes up something that doesn’t belong to this religion, will be reprobated and not be accepted.’

This report has been prepared to warn brothers and sisters for the dangers of the wrong ways which Hizbut-Tahrir represents. The reason for this is the texts and quotes of Muhammed Nebhani (founder of Hizbut-Tahrir) in his books like Shahsiyyetu’l-Islam. These views are disproved in this report, one by one with the evidence included. Our purpose is not to insult or attack the founder of Hizbut-Tahrir or the members of Hizbut-Tahrir, but to make the brothers and sisters aware of these wrong views and to reveal the truth.

Working for the revival of the khilafat is a fundamental matter of the Islam and is a duty for every Muslim. If someone denies this he will step out of the boundaries of Islam. Working for the khilafat has to be associated with acknowledging the teachings of Ahlussunnah (Quran and Sunnah). So it is important that our doctrine and acts are in accordance with the doctrine and acts of our Holy Prophet (Sallallahu Aleyhi Wesellem) and his devout Companions. Allah the Almighty revealed:

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Translation: ‘So if they believe in the same as you believe in, then they have been *rightly+ guided; but if they turn away, they are only in dissension, and Allah will be sufficient for you against them. And He is the Hearing, the Knowing.’

1 Surah Nahl, 125

2 Buchari, el-Camiu’s-Sahih

3 Surah Bakarah, 137

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And the Holy Prophet (Sallallahu Aleyhi Wesellem) said the following:

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Translation: ‘Who differs the size of a hand from our Jama’ah (Ahlussunnah), has taken off the rope of Islam from his neck.’

It is important that one firstly has the correct doctrine. It is impossible to avoid the hell on

the Day of Judgment, when there are fluctuations in matters one needs to believe in and in matters which are clear and already established.

If one believes in the fundamental matters of Islam and the ones which are clearly

established, but there is laziness as to deeds (like performing the obligations and keeping distance from the forbidden), then one can be forgiven after showing regret or maybe even without. However, if you’re not forgiven, resulting that you end up in hell, eventually you will be saved. The main point and first requirement is being in possession of the right doctrine. Every Muslim should be aware of de Ahlussunnah wa’l-Jama’ah doctrine and to know these and, if needed, to correct their own teachings. It’s a deadly poison for your heart to love the wrong religions and innovations which aren’t conformable with the Islam described in the books of the Ahlussunnah wa’l-Jama’ah scholars. This will lead to eternal punishment.

We took this report as an obligation to ourselves to tell the truth and to spread this out, so we can belong to those people who obey the orders of Allah the Almighty:

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Translation: And let there be *arising+ from you, a nation inviting to *all that is+ good, enjoining what is right and forbidding what is wrong, and those will be the successful.

4 Abu Dawud, es-Sunen; Tirmizi, es-Sunen

5 Surah Al-i Imran, 104

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2. Has Ahlussunnah made a mistake according to Nebhani?

In his book Es-Shaysiyyetu’l-Islamiyye6 Nebhani says the following:7

Translation: ‘They have explained the Quranaayaats which were not in accordance with their views, and they have also explained these Quranaayaats incorrect. Explaining the

Quranaayaats has been done by the same method. While explaining these Quranayaats, Mutazilah, Ahlussunnah and Djabriyyah all of them have used the same method without any

difference. According to them, the mind has to be used as starting point instead of using the Quranaayaats. The Quranaayaats have to be explained with the aim of ensuring that the

Quranaayaats would comply with the mind. They have made a mistake with their researching method and the subjects of their research.

You can clearly read in his books that he claims that Ahlussunnah, Mu’tazilah and Djabriyyah have made mistakes on various subjects. These are ‘Aqeedah issues he is talking about like

the properties of Allah the Almighty and about Qada and Qadr.

This implies that according to Nebhani Ahlussunnah’s point of view, it is wrong regarding to the properties of Allah the Almighty and Qada and Qadr. We will talk about Qada and Qadr in

the next chapter.

Ahlussunnah literally means ‘the people of the Sunnah’ or ‘the followers of the Sunnah’. Sunnah means the path of our Holy Prophet (Sallallahu Aleyhi Wesellem). The Holy Prophet

(Sallallahu Aleyhi Wesellem) said the following:

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6 You can find this book on the official website of HT, http://www.hizbuttahrir.org/

7 Es-Shaysiyyetu’l-Islamiyye part 1 page 65

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Translation: ‘Surely the Jews were divided into 71 groups, and one of these groups shall enter paradise. My Ummah shall be divided in 73 groups. Beware! Only one of them will

enter paradise; the other 72 groups shall enter the hellfire. The group that won’t be in this fire is the (Ahlussunnah wa’l) Jama’ah.’

This means that Ahlussunnah is the only ‘straight’ path that leads us to paradise, like the

hadith implies that the followers of Ahlussunnah are the ones that walk on the path of our Holy Prophet (Sallallahu Aleyhi Wesellem). Claiming that the Ahlussunnah has made a mistake, means that scholars like the great Imam of the Tabiin Hasan el-Basri, Imam Sufyan-i Sevri, Imam Omar bin Abdulaziz, Imam Shu’bah, Imam A’mesh, Imam Ata, Imam Ishak, Imam Abu’l -Leys, Imam Mucahid, Imam A’zam Abu Hanife, Imam Malik, Imam Shafi’i, Imam Muhammed bin Cerir, Imam Sufyan bin Uyeyne, Imam Dawud, Imam Ahmed bin Hanbel, Imam el-Ash’ari, Imam Maturidi have made a mistake. These scholars are the representatives of the Ahlussunnah. They were the ones defending the Islam from the philosophers and other groups who strayed from Allah’s way. Besides, they explained the Quran Verses according to the Sunnah and not by using their own understanding. It is worthy to ask ourselves if Nebhani belongs to the Ahlussunnah. The answer to that is no, he says that Ahlussunnah has a wrong point of view regarding to Qada and Qadr. In the next chapter we will take a closer look to how Nebhani thinks about Qadr and Qada and what the views of the scholars we

listed up above are about Qada and Qadr.

Nebhani says in his book the following about Ahlussunnah:9

Translation: ‘Ahlussunnah wa’l –Jama’ah has answered Mutazilah about these subjects (al-

Qada and Qadr and the properties of Allah the Almighty). Ahlussunnah said:… And about the creation of the acts of man they said the following:…. And they have confirmed their own

evidence with their own statements. And they (Ahlussunnah) thought that they had given the Mutazilah and Djabriyyah an answer. While in reality the views of them (Ahlussunnah) and of

Djabriyyah are the same. They are also Djabriyyah.’

He says that the Ahlussunnah has the same views as the Djabriyyah, while this is definitely not the case. Djabriyyah said that the servant is obligated to perform his act, but in contrast

to the Djabriyyah the Ahlussunnah said that the servant is capable of making his own decision (Irade Djuz’iyyah) in doing something or not.

8 Ahmed bin Hanbel, el -Musned

9 Es-Shaysiyyetu’l-Islamiyye part 1 page 72-74

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So this is a false attribution to Ahlussunnah and the followers of Ahlussunnah. Among the followers of The Djabriyyah belong those who have strayed from the Ahlussunnah and those

that dared to claim that Allah the Almighty isn’t capable of knowing everything beforehand. They also denied all of the properties of Allah the Almighty. How can one say that

Ahlussunnah is the same as Djabriyyah? Even the Muslims that aren’t scholars know that Djabriyyah belongs to the ones who strayed and that Ahlussunnah is completely different

than the Djabriyyah.

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3. Qada and Qadr according to Nebhani

In his book Nebhani writes the following:10

Translation: ‘The Quran and the Hadith provide evidence for only the 5 fundamentals of

Iemaan (belief in Allah, belief in the angels, belief in the revealed, belief in the commissioned Messengers (peace be upon them), which are mentioned explicitly in the Quran. Beyond

these five fundamentals of Iemaan, there has not come to us definitive (qat’i) evidence to belief in.’

Nebhani also says:11

Translation: ‘Yes, believing in qadr has been narrated in hadith Djibriel in which is mentioned:

‘that you believe in qadr and the good and evil’ and you can find this hadith in Sahieh Muslim, narrated by Omar ibnu’l-Ghattab. However these belong to the Gabaru’l-Ahad.

Beside in this narration with qada is meant the Knowledge of Allah and not qadr and qada and there are contradictions in the meaning of both concepts.

If one reads the text above, you will see that Nebhani says that there has not come any clear

evidence about Qadr and Qada. And then he interprets Qadr with the Knowledge of Allah the Almighty. First of all, there is enough evidence about Qadr and Qada in the Quran and

the Sunnah; one has to believe what occurs in the Quran and Sunnah. Secondly according to Ahlussunnah Qada and Qadr mean something else then what Nebhani is claiming. Nebhani says in the quote above that there are many disagreements about Qada and Qadr, but this is made up by Nebhani, because within the Ahlussunnah there can’t be any

differences about the Aqeedah-matters among the scholars of Ahlussunnah.

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Es-Shaysiyyetu’l-Islamiyye part 1 page 45 11

Es-Shaysiyyetu’l-Islamiyye part 1 page 45

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The Mutazilah and the Djabriyyah have mentioned various things about Qada and Qadr contradicting the Quran and Sunnah, but these deviations are worthless to the Ahlussunnah.

One should only look at the point of view of Ahlussunnah. The Mutazilah rejected Qada and Qadr and said that someone shapes his own Qada and Qadr. They’ve also said that the

human is the creator of his own acts and deeds and that Allah the Almighty has nothing to do with this. The Dabriyyah say that Allah the Almighty has forced man to execute a certain

act. Everything man does has been forced upon him by Allah the Almighty; this means man is not able to choose his own deeds and actions. As you can see both lost cults have crossed the borders and have said things that are contradictory with the Quran and the Sunnah. It’s clear that these views of both cults are wrong; we won’t go further into these matters. In this passage Nebhani has revealed that he doubts about Qada and Qadr being the sixth pillar of Iemaan, despite the fact that believing in Qadr from the point of view of Ahlussunnah has been established in the Quran and also has been established as the sixth pillar of Iemaan in authentic Ahaadith. Besides it’s a matter which the Companions, the scholars of the Tabi’in, their followers and the ummah as a whole with the exception of the misguided and the lost cults had agreed on (Qadr being the sixth pillar of Iemaan).

Nebhani says the following, which clearly shows his ‘Aqeedah about Qada and Qadr:12

Translation: ‘The Quranaayaats have nothing to do with Qada and Qadr. This also applies for

the following Quranayaah: ‘Wherever you may be, death will overtake. But if good comes to them, they say, "This is from Allah "; and if evil befalls them, they say, "This is from you."

Say, "All [things] are from Allah." So what is [the matter] with those people that they can hardly understand any statement?’ This Quranayaah has also nothing to do with Qada and

Qadr. This Quranayaah provides answers to the disbelievers who claim that the good comes from Allah and the evil from the Prophet; Allah says that the good and evil both come from

Him. The Quranayaah is not about the good and the evil which men perform themselves. The Quranayaah refers to war and death.’

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Es-Shaysiyyetu’l-Islamiyye part 1 page 90

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Nebhani distinguishes the acts of man in a separate category and claims that the acts (bad or good) which are executed by man aren’t from Allah the Almighty.

If we continue reading we’ll find Nebhani defining the word Qada according to his own

opinion (he’s also the first one that defined Qada like this):13

Translation: “Man is not capable of knowing something about such acts (like when a train accident happens and the train falls over, causing the death of the passengers, acts wherein man is dominated), neither is he capable of preventing the act to happen or overcome upon him. That’s why he will not receive any reward or punishment for such acts. This is called ‘Qada’. Man has to belief that ‘Qada’ comes from Allah. (That Allah is the creator of this).’

We need to pay attention on two points here. In this quote he gives ‘Qada’ a definition which

is not supported by the Quran or Sunnah. He also indicates that such acts are created by Allah the Almighty (this is correct).

Next Nebhani explains the term ‘Qadr’, he writes:14

Translation: ‘The unique and specific features in the creation that is created by Allah is called ‘Qadr’. For example the increasing desire of man, the ability to see things when a person opens up his eyes, a stone that flies upwards when someone throws it in the air, and then it

falls back down; these don’t belong to the acts of man. These are only the consequences of

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Es-Shaysiyyetu’l-Islamiyye part 1 page 95 14

Es-Shaysiyyetu’l-Islamiyye part 1 page 96

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properties of these things which Allah has created. That is why these features don’t come from man, but from Allah. Man doesn’t have influence on the creation of this. This is ‘Qadr’.

Therefore man has to belief that these features are created by Allah. So Qada and Qadr are the acts in which man is dominated and the features of things.’’

In brief, we could say that the matters where man has no influence on, like: having a random

length, eye- or hair color, accidents, evil and events which overcome man, according to Nebhani are called ‘Qada’. These come from Allah the Almighty which means they are created by Allah the Almighty. And the effects of actions, of man, on things and bringing certain properties in things, like burning something, cutting something or throwing something on the floor. These acts are ‘Qadr’ according to Nebhani. These are also from Allah the Almighty meaning they are created by Allah the Almighty.

Nebhani is making two categories: ‘Qada and Qadr’ and in both cases he says that these acts are created by Allah the Almighty.

He talks about a category in which man acts upon his own choice:15

Translation: ‘' As regards the acts in which he has the power/control: these are the acts that man can do or can’t do according to the commands of Allah. These acts are the acts that arise/emerge from man himself or happen to man with his own will. '' Here he says that the acts man performs with his own choice come into existence from the

human itself, without coming from Allah the Almighty. In other words, he is saying that the human is the creator of his own acts. This is false, because Allah the Almighty reveals in the

Holy Quran that He is the Creator of our acts and deeds. Allah the Almighty says:

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Translation: ‘’While Allah created you and that which you do?"

This establishes that Nebhani is claiming (like the Mutazilah do as well) that the acts and deeds of man directly originate from man and that Allah has nothing to do with this and that

He isn’t the Creator of these acts. Besides his clear statements he also doesn’t indicate that

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Es-Shaysiyyetu’l-Islamiyye part 1 page 95 16

Surah Saffat, 96

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these acts are created by Allah the Almighty.

Nebhani is making it even clearer that the acts of man don’t belong to Qadr and Qada which are from Allah the Almighty. This means that the acts of man are not from Allah the

Almighty:17

Translation: '' And the meaning of Qada and Qadr, their bad and good, comes from/is from Allah and it is faith (Iemaan) that the acts that happen of man or with man, in which he is forc

ed, that he has no way out to repel, and (in addition) the specific properties of things he bring

s about, all these things come from Allah and not from man, and man has no relation to these things. Therefore, consciously chosen acts (al-Af'aalu'l-ikhtiyaariyyah) have nothing to do w

ith Qada and Qadr; that's because these acts happen by the conscious choice of man. ''

Nebhani removed the consciously chosen actions from the domain of ‘Qada and Qadr’ and relapsed to the ‘Aqeedah of the Mutazilah and Qadriyyah, which claim that man creates his

own acts, and thus he claimed another creator besides Allah. As if this wasn’t enough, i f we continue sketching his views Nebhani leaves absolutely no doubt in the next chapter.

By his next statement further in his book it becomes clearer that he sees man independent in bringing his own freely chosen acts into existence, he writes:18

Translation: '' So attaching ' reward ' and ' punishment ' to ' guidance ' and ' misguidance ' indicates that ' misguidance ' and ' guidance ' occur/arise out of man and not from Allah. ''

This is false, because guidance and misguidance come from Allah the Almighty. Allah the Almighty is the Creator of these. Allah the Almighty reveals to us:

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Translation: ‘’Whomever Allah wills – He leaves astray; and whomever He wills – He puts 17

Es-Shaysiyyetu’l-Islamiyye part 1 page 97 18

Es-Shaysiyyetu’l-Islamiyye part 1 page 99 19

Surah En’am, 39

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him on a straight path.’’

Allah the Almighty has given man free will in choice. If man chooses to disobey, then Allah the Almighty will misguide him. If man chooses to obey then Allah the Almighty will guide

him. This means man isn’t independent in bringing his acts into existence, good or bad. The Creator of these is Allah the Almighty.

All these quotes from the book of Nebhani confirm that his point of view regarding acts of man which are executed with his own free will is originated from man himself, and that these aren’t created by Allah the Almighty. It also becomes clear that he doesn’t agree with Ahlussunnah wa’l-Jama’ah, he says that the Ahlussunnah made mistakes in these ‘Aqeedah matters and in the research methods of these matters. Then he defined that the conception of Qada and Qadr are different, in such a way that it becomes difficult to draw out his view of man creating his own acts. So he came up with ‘something new’, therefore he has strayed from the path of Ahlussunnah. The correct definition of Qada and Qadr is that the Knowledge of Allah the Almighty precedes everything and everything has been written down in the Levh-I Mahfuz and that nothing happens

without the Will of Allah the Almighty and without His Power and His creating. The following Quranayaah is clear evidence of everything being established before happening and that

nothing happens (including the acts of man that are executed with free will of choice) without the permission of Allah the Almighty:

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Translation: ‘’Indeed, all things We created with predestination.’’

Imam A’zam Abu Hanife (Rahimehullah) says in his authoritative ‘Aqeedah-compilation the

following:

21 Translation: ' Nothing will occur/arise in the world or in the hereafter except with the Will, Knowledge, Qada and Qadr of Allah the Almighty. " In short: Qadr has been established beforehand by Allah the Almighty with His eternal Knowledge. We speak of Qada if the beforehand established act (Qadr) actually takes place. This doesn’t exclude the free will of choice of man. Allah the Almighty doesn’t force man, because He gave everyone a free will of choice. Man chooses something (good or bad) and Allah the Almighty creates it, because life is a test.

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Surah Kamer, 49 21

Imam A’zam Abu Hanife, Fiqhu’l -Akbar

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Allah the Almighty gave everyone a free will of choice, but Allah the Almighty already knew with His eternal Knowledge which acts and deeds man would do or choose for.

This also applies to every other matter which has been written down in the Levh-I Mahfuz. It is obligatory for every Muslim to believe this way.

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4. Shaking hands with a woman according to Nebhani According to Nebhani it is Halaal to shake hands with a strange woman, a woman who isn’t Mahrem22. This means he went against the Icma of the Ummah. If someone claims that there is no Icma about this matter, then he should at least bring one quote of a Mudjtahid23 who says it’s Halaal (permitted) to shake hands with a strange woman. Nebhani wasn’t able to do this and neither one of his followers. This shows that there hasn’t been one Mudjtahid who said it’s Halaal to shake hands with a strange women and this is indicates that there is Icma on this matter. Nebhani has proven that he isn’t a Mudjtahid, because he went against

the Icma of the Ummah, by allowing shaking hands with strange woman. Nebhani and his followers used (invalid) proof to support this quote.

You can look up this evidence on the website of Hizbut-Tahrir and in the book of Nebhani

(Social System).24 The next evidence has been used by Nebhani and his followers to support their incorrect

assertion:

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Translation: ‘’O you who believes, do not approach prayer while you are intoxicated until you know what you are saying or in a state of janabah, except those passing through *a place of

prayer+, until you have washed *your whole body+. And if you are ill or on a journey or one of you comes from the place of relieving himself or you have contacted women and find no

water, then seek clean earth and wipe over your faces and your hands *with it+. Indeed, Allah is ever Pardoning and Forgiving.’’

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Mahrem-woman: mother, sisters, aunts, daughters, daughters of your brothers and sisters, daughters of your children etcetera. It is permitted to touch certain body parts (hands, arms, feet , face) of these Mahrem-woman

without lust 23

A Mudjtahied is a super scholar who has reached the status of being able to pass judgement from the Quran and the Sunnah by using his utmost intellectual effort. 24

See: http://www.hizb-ut-tahrir.org/PDF/EN/en_books_pdf/socialsystem.pdf – page 57; Looking at woman 25

Surah Nisa, 43

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Nebhani uses this Quranayaah as evidence to show it’s permitted to shake hands with a strange (not-mahrem) woman. In the Quranayaah these Arabic words were used:

and the verb ‘Laamas’ can mean ‘touch(ing)’ in this context, but it can also ’أو المستم النساء‘

mean ‘sexual intercourse’. About the definition of ‘Laamas’ in this Quranayaah are different point of views by the Mudjtahidien. According to the blessed Sahabi ibn Abbas , Hasen, Mucahid, Katada en Abu Hanife (Radiyallahu Anhum) ‘Laamas’ in this context means ‘sexual intercourse’, and according to others like the blessed Sahabi ibn Mas’ud and ibn Omar, Imam Sha’bi, Imam Nahai en Imam Shafi’i (Radiyallahu Anhum), it means ‘touching’. As you can see, Nebhani chooses to use the definition of ‘touching’. The Quran ayah tells us that if males have ‘sexual intercourse’ (according to the imams mentioned) or ‘touch’ (according to the other imams) females to perform the wudu over again, because your wudu

will be broken. Because the Quranayaah says: 'If you touch a woman, your wudu will be broken’, doesn’t

mean it's permitted to touch strange woman. If one touches a strange (not-mahrem) woman or a mahrem-woman then he needs to perform the wudu over again according to the imams

mentioned, because his wudu will be broken, and again this doesn’t mean it’s permitted to touch strange (not-Mahrem) women.

If one would say this, then it wouldn’t only be allowed to touch the hand of a strange (not-Mahrem) woman (like Nebhani claims), but it would allow you (according to the Quranayaah)

to touch any body parts of a strange (not-Mahrem) woman, since the Quranayaah doesn’t specify any body part.

Besides one can say that having sexual intercourse with any women is allowed as well (according to this Quranayaah), because ‘Laamas’ according to other Imams means ‘having

sexual intercourse’. It is clear that ignorance leads to using the Quranayaah above as evidence. What Nebhani does is twisting the meaning of the Quranayaah. The message this

Quranayaah is giving us is that if one would have sexual intercourse26 with a woman or if a

man touches27 a female, then his wudu will be broken, and it’s not about the matter if one is

allowed to or not allowed to touch a (not-Mahrem) woman at all.

28 Translation: ‘Ummu Atiyye (Radiyallahu Anha) said: ‘We gave the Prophet (Sallallahu Aleyhi

Wesellem) the oath of allegiance and he spoke to us that we would not attribute companions to Allah, and he forbid us to wail. Then a woman pulled her hand back, and said: ‘Such and such woman has bewailed me, and I want to repay her with equal currency. ‘Thereupon the Prophet (Sallallahu Aleyhi Wesellem) said nothing and then the woman went away.’

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This is according to: ibn Abbas, Hasen, Mucahid, Katada and I mam A’zam Abu Hanife (Radiyallahu Anhum) 27

This is according to: ibn Mas’ud en ibn Omar, Imam Sha’bi, Imam Nahai and Imam Shafi’i (Radiyallahu Anhum) 28

Sahih-Buchari

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The narration above is being used by Nebhani and his followers as evidence for shaking hands with a strange (not-Mahrem) woman, but this narration isn’t enough evidence to

allow shaking hands with a female. Because of the following reasons:

- First there is no indication (qarinah) that the blessed hand of the Prophet (Sallallahu

Aleyhi Wesellem) was uncovered whilst taking the oath.

- Secondly there are indications that the Prophet (Sallallahu Aleyhi Wesellem) used a small

piece of cloth to cover up his hand when the women were taking the oath. These are the following indications:

1- Hafiz ibn Hacer al-Askalani (Rahimehullah) said the following about this narration: ‘The hand of the Prophet (Sallallahu Aleyhi Wesellem) wasn’t uncovered when the women were taking the oath of allegiance. His hand was covered with a piece of cloth.’29

2- Imam Zurkani (Rahimehullah) said the following about this narration: ‘The Prophet (Sallallahu

Aleyhi Wesellem) used his sleeve during the oath of allegiance with women.’30 3- Amr bin Shuayb (Rahimehullah) narrates from his grandfather (Radiyallahu Anh) the following: ‘The women came to the Prophet (Sallallahu Aleyhi Wesellem) and said that the men had executed their oath of allegiance and they also wanted to take the oath of allegiance. The Prophet (Sallallahu Aleyhi Wesellem) then asked for a bowl of water. And then he did his blessed hand in the bowl of water and asked the women to put their hand in the bowl of water one by one.31

4- Sha’bi (Radiyallahu Anh) said the following: ‘The women took the oath of allegiance while the Prophet (Sallallahu Aleyhi Wesellem) had his hand covered with a piece of cloth. 32

5- The student of Ahmad bin Hanbel, Ishaq (Rahimehumellah) narrated the following: ‘The

Prophet (Sallallahu Aleyhi Wesellem) let the women take the oath of allegiance when his hand was covered with a piece of cloth.33

6- Aishe (Radiyallahu Anha) has said: ‘I swear to Allah, that the (bare) hand of the Prophet

(Sallallahu Aleyhi Wesellem) has never touched the hand of a woman during the oath of allegiance not even once.’34

7- The Prophet (Sallallahu Aleyhi Wesellem) has said himself: ‘I shall certainly not shake the

(bare) hands of women’.35 This narration is enough evidence to prove that the Prophet (Sallallahu Aleyhi Wesellem) has

never performed the oath of allegiance with women, while his hands were uncovered.

29

bn Hacer al-Askalani, Fathu’l -Bari Serhu Sahih-Buchari 30

Imam Zurkani, Serhu’z-Zurkani ala Muwattai’l-Imam Malik 31

Ibn Sa’d, Tabakat 32

Ibn Sa’d, Tabakat 33

Imam Ishaq, Mesail Ahmed 34

Ahmed bin Hanbel, el -Musned; Tirmizi, es-Sunen; Abu Dawud, es -Sunen; Ibn Mace, es -Sunen 35

Ahmed bin Hanbel, el -Musned; Ibn Mace, es-Sunen

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Neither is there evidence or any statements from the Mudjtahidien, which made a claim to the contrary. So this is clearly a false ascription to the Holy Prophet (Sallallahu Aleyhi Wesellem)

and his Companions.

- Thirdly it’s also unknown if the woman in the narration that withdrew her hand is a Mahrem36 of the Prophet (Sallallahu Aleyhi Wesellem). It is permitted for a Muslim man to

shake bare hands (without lust) with a Mahrem-woman.

- Fourthly there are enough narrations in which the Prophet (Sallallahu Aleyhi Wesellem) clearly says that it isn’t allowed to shake (bare) hands with a strange woman. A few of them are:

The Prophet (Sallallahu Aleyhi Wesellem) says: ‘For any of you it’s better for you to get stabbed through your head then to touch a (strange) woman.’37 The Prophet (Sallallahu Aleyhi Wesellem) says: ‘The zina (adultery) of the hand is touching.’38

39 Translation: ' When the Prophet (Sallallahu Aleyhi Wesellem) came to Medina, he let the woman of the Ansar gather in a House. Then he sent Omar bin Ghattab (Radiyallahu Anh) to them, who greeted them one by one and said, ' I am the Messenger of the Prophet (Sallallahu Aleyhi

Wesellem) '. They said: ' Welcome Messenger of Allah, and welcome Messenger of the Messenger of Allah '. Then Omar (Radiyallahu Anh) said: ' you give your oath of allegiance that you ascribe no companions to Allah, that you will not steal, that you do not commit adultery,

that you will not kill your children, that you will not blaspheme, that you will not be disobedient in public; say ' yes ' '. Then Omar (Radiyallahu Anh) put out his hand to the women

from behind the door, and they also raised their hands. Then, Omar (Radiyallahu Anh) said: ' 36

See footnote 21 37

Taberani, Mu’cemu’l -Kebir (Has been declared Sahih by Ibn Hacer al -Haytami (Rahimehullah)) 38

Sahih-Muslim 39

Ahmed bin Hanbel, Musned

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Allah, you are witness of this '. '

This narration is also used by Nebhani and his followers as evidence to permit shaking hands with a strange woman, but this evidence isn’t enough to say that it’s permitted to shake

hands with a woman. Because of the following reasons:

- Firstly, it is explained in the previous evidence that the blessed hand of the Prophet (Sallallahu Aleyhi Wesellem) was covered with a piece of cloth when the women took pledge. And there is no narration to prove the opposite. The Prophet didn’t touch women with his bare hands, while he is Ma’sum (innocent). Then how is it possible that he would give permission to Omar (Radiyallahu Anh) to touch a woman with bare hands, since Omar (Radiyallahu Anh) isn’t Ma’sum. If the Prophet (Sallallahu Aleyhi

Wesellem) would have touched a woman with bare hands, it is certain that he wouldn’t get any lust, because He is a Prophet meaning that he is Ma’sum (innocent). But it is possible for Omar (Radiyallahu Anh) to get lust, because he isn’t Ma’sum.

- Secondly if someone claims this (in this case Nebhani and his followers) then he

needs to prove that Omar (Radiyallahu Anh) with bare hands touched the bare hands of the women. If one can’t prove this, than this is a false ascription to the blessed Sahabi

Omar (Radiyallahu Anh). In the narration above is described that Omar (Radiyallahu Anh) only extended his hand and the women did the same. It doesn’t say that both of the

hands (of the women and Omar (Radiyallahu Anh)) touched each other while they were uncovered. And there isn’t any indication they did. So how can one use these

narrations as evidence, despite the fact that in other narrations it’s clear that it’s Haram to touch a strange woman while being uncovered.

- Thirdly, in this narrations it’s also unknown who the women are. It’s possible that

these women were Mahrem of Omar (Radiyallahu Anh) or that these women were of old age.

- Fourthly there is no indication that they did shake hands. It is possible that they only

held their hands in the air, and took the pledge this way. Since the Prophet (Sallallahu

Aleyhi Wesellem) did it with a bowl of water, makes it possible that they have performed

the pledge by keeping their hands in the air.

In short, the narration doesn’t say that Omar (Radiyallahu anh) shook the hands of the women

uncovered.

40 Translation: ‘Enes (Radiyallahu Anh) said: ' there was a (female) slave from Medina, she held the

hand of the Prophet (Sallallahu Aleyhi Wesellem) and went with him.'

40

Sahih-Buchari

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Scholars like Imam Ayni, Imam Ibn Hacer al-Askalani, Imam Kastalani (Rahimehumullah) who explained this narration said that you should not interpreter this narration literally. The

reason why you shouldn’t is because holding hands has a totally different meaning/different context. It can be defined as help, support or she might have wanted to attract the attention

of the Prophet (Sallallahu Aleyhi Wesellem). Imam Ayni (Rahimehullah) adds the fact that this was how the Achlak (character) of our Holy Prophet (Sallallahu Aleyhi Wesellem) was, he wanted to

help everyone. If a female slave somewhere in Medinah would ask for his help, then he would without hesitating help her and walk along with her.41 Expressions like ‘don’t let me go’ or ‘give me a hand (help)’ etc. are used nowadays to indicate figuratively help. These are well known expressions which are used commonly by people. Conclusion: The evidence used by Nebhani and his followers are explained one by one. It is now clear that the evidence used by Nebhani and his followers is incorrect regarding to these matters. What Nebhani did is nothing but twisting the definitions in such a way that it suits his views. A religion that is 1400 years old tells us that it’s Haram to touch a strange woman with bare hands. Now after 1400 years have passed, some are brave enough to claim that it’s not Haraam. This is clearly an innovation. Why can’t Nebhani and his followers find a single quote of any of the Mudjtahidien, that it’s permitted to touch a strange woman with bare hands? In the Fiqh-books of the four Madhahib which represent the views of the

Mudjtahidien of the Ahlussunnah, tells us that it’s not permitted for a man to shake bare hands with a strange woman.

Even the Muslims which aren’t scholars know that if one changes the law of Allah that he will

become a Murted meaning that he will not be a Muslim anymore.

Allah the Almighty says:

42

Translation: ‘And do not say about what your tongues assert of untruth, "This is lawful and this is unlawful," to invent falsehood about Allah. Indeed, those who invent falsehood about

Allah will not succeed.

And it’s very dangerous of Nebhani and his followers to say it’s permitted for a young man to shake hands with a strange woman in a period we live in where fitnah is everywhere. The

Holy Prophet (Sallallahu Aleyhi Wesellem) has said:

43 Translation: "The largest fitnah that I have left for the men are women.’’

41

Ibn Hacer, Fathu’l -Bari; Imam Ayni, Umdet’l -Kari; Imam Kastalani, Irsadu’s -Sari 42

Surah Nahl, 116 43

Sahih-Buchari and Sahih-Muslim

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5. Looking at a women according to Nebhani

According to Nebhani it’s permitted for a man who has decided to marry a woman to look at her if he gets the possibility to look at more than her hands and face, when this situation occurs Nebhani says it’s also permitted to look at other parts of the body besides the hands

and the face.44 So if one decides to marry a female, then he may spy on her and if the situations occurs where he can see other parts of the body besides the hands and the face,

while for example she is changing her clothes, then he may look at her legs, breasts, arms etc. according to Nebhani and he says this isn’t Haraam. Please note! Nebhani says this is

Halaal when a man has decided to marry a woman and not when the man is already married with a woman. This is one of the worst things Nebhani can say and which prove that he is

astray. Nebhani says the following about this subject in his book Nizamu’l-Ictimai: 45

Translation: “This hadith indicates that a man can also look at the other parts (of the women he wants to marry) and not just only her hands and face.’ A man can only look at the face and hands of a woman if he wants to marry her. Looking at any other part of the body of a woman besides the hands and face, is Haraam for a man, if he is not married with this woman. Allah the Almighty says in the Holy Quran the following:

46 Translation: ‘Tell the believing men to reduce *some+ of their vision and guard their private parts. That is purer for them. Indeed, Allah is Acquainted with what they do.’ It is now even clearer that it’s Haram to look at a strange woman. There are some hadith (which Nebhani also uses) in which the Holy Prophet (Sallallahu Aleyhi

Wesellem) gives permission to some of the Companions to look at the woman they want(ed) to marry, but in none of these Hadith the Prophet (Sallallahu Aleyhi Wesellem) said that they

were allowed to look at anything else then the face and hands, because it’s Haraam. And from these Hadith we can tell that the Companions didn’t look to anything else then the face

and hands of the woman they wanted to marry. The Holy Prophet (Sallallahu Aleyhi Wesellem)

only gave permission to look at the hands and the face of the woman which one wanted to

marry, and the evidence for this is that the Holy Prophet (Sallallahu Aleyhi Wesellem) had forbidden the men to look at other body parts of a woman except her face and hands.

Allah the Almighty reveals in the Holy Quran the following about this subject:

44

See: http://www.hizb-ut-tahrir.org/PDF/EN/en_books_pdf/socialsystem.pdf - page 40; Looking at woman 45

Nizamu’l-Ictimai page 56 46

Surah Nur, 30

22

47 Translation: ‘..and not expose their adornment except that which *necessarily+ appears thereof..’ The meaning of ‘which is visible’ is explained by the Holy Prophet (Sallallahu Aleyhi Wesellem):

48

Translation: ' Oh Esma! If a woman is already menstruating (has become an adult), then it is

not correct that outside this and this is seen (and he pointed to his hands and face). '

It is clear that it’s Haraam (forbidden) for a man to look at uncovered body parts of a strange woman, except her hands and her face.

But Nebhani claims that if a young man wants to marry a woman, he may look at her other

body parts if the situation occurs that the woman has her other parts uncovered. This is a very wrong statement of Nebhani which hasn’t been stated by any of the Mudjtahidien before him. What makes it even worse is, that he ascribes such an ugly act to the blessed Companions of the Holy Prophet (Sallallahu Aleyhi Wesellem), whilst there in not even one narration that tells us that a Sahabi has look at an uncovered body part of a woman (besides

their face and hands) they wanted to marry.

6. Conclusion

47

Surah Nur, 31 48

Abu Dawud, es-Sunen

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It should now be clear that the founder of Hizbut-Tahrir, Nebhani, belongs to the ones who

are astray, because of his statements and views he represent that are contradictory with the Holy Quran, the Sunnah and the Icma (consensus) of the Scholars over the past 1400 years.

Regarding to these views we can absolutely say that Nebhani and his party Hizbut-Tahrir

deviate from the Ahlussunnah wa’-l-Jama’ah. It is a fact that the Ummah has to work for the khilafat, but not to change the laws of Islam. Don’t sleep venerable brothers and sisters perform a research about these matters. Look at these facts objectively and ask where needed to Scholars. Always get your information from different sources, to be sure about the correct judgment about a matter. The truth will always overcome the lies. Allah the Almighty reveals:

49

Translation: ‘Rather, We dash the truth upon falsehood, and it destroys it, and thereupon it departs. And for you is destruction from that which you describe.

May Allah the Almighty guide us all to the straight path.

The initiative to make this report has been taken by a few former members of Hizbut-Tahrir.

49

Surah Ambiya, 18