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Manifesto HIZBUT Tahrir INDONESIA: GOVERNMENT SYSTEM ISLAM

CHAPTER I

GOVERNMENT SYSTEM ISLAM: Only submission to Allah SWT, Not the Man


Caliph is the entire Muslim Obligations

Allah SWT oblige Muslims to set up his life with the Islamic sharia. Allah SWT said:
فاحكم بينهم بما أنزل الله ولا تتبع أهواءهم عما جاءك من الحق

"So they putuskanlah things according to what Allah revealed, nor the carnal desire to leave them with the truth has come unto you." (Qs. al-Maaidah [5]: 48)

Khilafah is an authority that implements Islamic sharia kaffah the (comprehensive). Is a need for Muslims to adopt a Khalifah who will lead the Daulah Khilafah and apply Islam in kaffah sharia.

So, tegaknya Daulah Khilafah is an obligation, and any negligence in efforts to menegakkannya is a great sin. Prophet Muhammad saw. commanded the Muslims to bai'at to a Khalifah. Describes the death of the Prophet that a Muslim who does not give bai'at (to a Khalifah) is the death of the very poor, with death as a call jahiliyah:
«ومن مات وليس في عنقه بيعة مات ميتة جاهلية»

"And he died, while there is no bai'at in pundaknya, the dead (in state) jahiliyah." (Hr. Muslim)

With the Islamic sharia, Khilafah keep all the affairs of mankind. If sharia is not applied in the shade Daulah Khilafah, the sovereignty of Islam in all aspects of human life will never be realized in reality. So kerahmatan also promised that Islam can not be significantly felt also.

Thus, the Caliph can be said to represent the people in the government for the implementation of Islamic sharia. Caliph is the head of state Daulah Khilafah. Islam gives rights to people to choose the Khalifah dikehendakinya to manage their lives. Through bai'at, the winning candidate caliph in the election, to be legitimate Caliph. Thus, there can be no coercion in the selection Khalifah. Elections must take place on the basis of the principle Ridha wa ikhtiyar (choose freedom and readiness), as Muslims in the past has been to provide bai'at fourth Khulafa'ur Rasyidin voluntary. Bai'at given to the Caliph of the requirement that elected Caliph akan implement Islamic sharia in kaffah.

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Not Khilafah System dictator, not democracy Pula System

Khilafah is the political system of Islam. Khilafah is not the same system with the dictator, but also not a democratic system. One of the important principles of the Khilafah, which differentiate from the other system either dictatorial or democratic, is that sovereignty, namely the right to set laws, which define right and wrong, halal and the haram determine, there is in the hands of the Sharia, not in the hands of humans. Therefore, the Caliph and the people, equally bound to the Islamic sharia. Khalifah must apply Islamic sharia correctly, in accordance with the provisions of God in al-Quran and As Sunnah. Should not be at his heart. Allah SWT said:
ومن لم يحكم بما أنزل الله فأولئك هم الكافرون

"Whoever does not decide according to what Allah has sent down, then they are the unbelievers." (Al-Qs. Maarij [5]: 44)
ومن لم يحكم بما أنزل الله فأولئك هم الظالمون

"Whoever does not judge according to what Allah has sent down, then they are the people who do wrong." (Al-Qs. Maarij [5]: 45)
ومن لم يحكم بما أنزل الله فأولئك هم الفاسقون

"Whoever does not judge according to what Allah has sent down, then they are those who rebel." (Al-Qs. Maarij [5]: 47)

Meanwhile, in a system of democracy is sovereignty in the hands of the people, not in the hands of Allah SWT, the Most Dzat Creating man and the universe. In the name of freedom, democracy, the system has made people, through representatives, representatives of legislative institutions to act as gods, who are authorized to set the law in accordance with their wishes. The creed of democracy said "the voice of the people is the voice god (VOX VOX populei dei)". A majority vote determines the truth, at worst a decision or idea. When it is supported by a majority vote, the decision or thought that has become as it were correct. Thus, the clear fact that the system of democracy is utterly incompatible with Islam. Therefore, Muslims can not accept, implement, and mendakwahkan this system of democracy and any other system that was built on the principles of democracy. Allah SWT has said:
إن الدين عند الله الإسلام

"Indeed, religion with Allah is Islam." (Qs. Ali 'Imran [3]: 19)

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Roles in Rakyat Deputy Daulah Khilafah

Islamic Sharia Muslims have been allowed to choose their representatives in the running of their affairs. At Bai'at Aqabah Second, he says:
«أخرجوا إلي منكم اثني عشر نقيبا ليكونوا على قومهم بما فيهم»

"Submit to me, twelve leaders, so that they become a leader for his people."

In Daulah Khilafah, representatives of the people who become members of Assembly elected by the people, not appointed or established by the Caliph. However, as Caliph, they were not entitled to define the law, because sovereignty is not in their hands, but in the hands of the Sharia. Assembly's authority to control people with a strict policy Caliph in managing people's affairs. On the other hand, is entitled to the Caliph Assembly bemusyawarah people to ask for opinion or related to the business people.

However, this consensus is not to mentapkan law, determine who becomes halal haram, or forbidden to be lawful. Therefore, in Daulah Khilafah there can be no consensus for, for example, set a policy of privatization of energy, because this is the case that Islam forbidden. Similarly, there can be no consensus in matters of Islam are required, such as the need-not to recruit troops to liberate the lands of Muslim subject, or the Islamic faith as a fundamental education system, or unify all Islamic countries into the vessel Daulah Khilafah.

Keanggotan Assembly on the people, citizens of non-Muslim can be a member of Assembly people to make complaints (syakwa) if there are irregularities in the implementation of sharia, or Islamic kedzaliman for themselves. However, members of the Assembly people non-Muslim is not entitled to convey their opinions about sharia set by Caliph, as they do not believe Islam and the faith perspective of Islam which is the basic implementation of sharia.

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Decision-making Process

Islam does not simply explain the basic principles on the various aspects of human life, but also provides detailed rules. For example, in the economic aspects of sharia have a number of provisions which regulate agricultural land, usury, currency, public ownership and the various income countries. In connection with foreign policy, there are a number of provisions of the sharia jihad, international agreements, and diplomatic relations. Similarly, in the aspects of government, to set up Islamic sharia problem selection, bai'at, lifting the guardian (head region) and the requirements of the pemakzulan authorities. Khalifah must apply the provisions of what is, without any increase or decrease. Khalifah not be justified will be the personality. Khalifah also does not support the majority of Assembly members for the people to implement.

The provisions concerning the deviation, sharia has given rights to adopt the Caliph to the pertimbangannya have proof syara 'the most powerful, and then define as the law states. Abu Bakr ra, during the early kekhilafahannya, has rejected the opinion of the majority of the penalties for people who refuse to pay zakat. He chose to send troops to finish the problem. Umar bin Khaththab ra results still apply ijtihadnya Iraq on issues of land, although the ra Bilal and the other friends do not agree. However, Caliph will not adopt one of the problems associated with personal or branches belief. In this case, people are allowed to follow the opinion or a different individual. Thus, differences in opinion have allowed this problem in the middle of the community.

In matters of the public to understand and practical, Khalifah tied with the majority opinion. For example, on the most strategic location to establish a university in the region. In this case, the Caliph must follow the majority opinion. In discussion before the war Uhud, for example, the Prophet and the Companions of the held senior Quraish troops should be faced in the city of Medina. However, the majority of the young is of Quraish should welcome the troops outside the city Medina. So that is the majority opinion, which was then carried out, even if this conflicts with the Prophet and the Companions senior.

As in things that require expertise, the Caliph will be consulting with experts, not with the general public. After deliberation, adopted the Caliph akan opinion that has considered hujjah (arguments) is strong. In this case, the majority of expert opinion is not a major consideration, because the opinion has argued that the strong are not always held by the majority group. For example, in the scarcity of electricity, after discussion with experts, Caliph will give the final decision whether to build power with nuclear energy, solar energy, or energy conversion from fuel oil to coal. Model of decision making as this was done by the Prophet in the Badr war, where he finally saw the army camp after a discussion of Islam with Hubab bin Mundzir ra, which is considered a shahabat know the area.

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Khilafah akan End the occupation

The facts show that the system of government in Indonesia at this time is that the secular system inherited by Belanda2 colonists, and then resumed and maintained by the U.S.. But if reasonable force kolonialis can still continue to control the affairs of the people of Indonesia through the system. System of government that is applied at this time Indonesia has a number of weaknesses that can be used by power kolonialis to secure their interests in Indonesia. With the right legislation is in the hands of representatives of the people, the countries kolonialis that, through infiltration to the representatives of the people who performed in many ways, can easily affect the product of law and legislation generated by the people's representatives. The result, is the birth of law and legislation that pro-imperialist interests. See Oil and Gas Law, the Law on Investment, Law on Natural Resources and others.

Daulah in the Khilafah, the whole law and legislation that will be applied must be based on proof-proof syara '. Therefore, the Caliph does not have a choice except to take sharia and regulations that come from al-Quran and as-Sunnah. With this method, sovereignty is actually in the hands of the Sharia, not in the hands of the representatives of the people. In this way, the strength of colonists did not have the opportunity to take advantage of the process of legislation for the sake of them. Thus, the door has been closed since colonization early.

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System Current Indonesian Government not Make No Easy Dimintai Accountability. Only in the Khilafah, the Strict controls can be done

According Article 5, section 7b, and section 20 of the 1945 Constitution, which have experienced the amendment IV (2003), the President can not be dismissed by Permusyawaratan People's Assembly (MPR) before the Constitutional Court cut off in violation of the Constitution is made by the President. Meanwhile, President of the House of Representatives with fully free to make laws of any, including laws that prevent people can have access to perform control or correction of the government. An example is the current draft Law on Confidentiality of State, in which there are provisions in it that can make some important information regarding many of the people is not open to the public; or Bill net Security Sector Finance (JPSK), which states that all officials in the financial sector can not be entangled in legal-related policies to provide assistance to the Liquidity global financial crisis. Thus, provisions and mechanisms created so that people will eventually not be able to control and correction of the government.

In Daulah Khilafah, the Caliph is not a state or a king or a dictator. Caliph can not replace or change the sharia of Islam at heart. In Daulah Khilafah, questioned efforts to request the authorities not just right, but it is the obligation of every citizen, because ma'ruf amar nahi munkar and is one of the obligations in Islam. Messenger of Allah. said:
«والذي نفسي بيده لتأمرن بالمعروف ولتنهون عن المنكر أو ليوشكن الله أن يبعث عليكم عقابا منه ثم تدعونه فلا يستجاب لكم»

"By the dzat the soul is in His hand, let you do ma'ruf amar nahi munkar, or reduce the punishment of Allah akan over you, then you pray to Him, He does not fulfill doamu." (Hr. Tirmidzi).

So, in Daulah Khilafah any person, group, party, Assembly members or people qadhi Court Madzalim can control and edit Khalifah. Islam ordered to halt a Khalifah if not the rule with the Islamic sharia, or, if disposed to dzalim people. Pemakzulan this is an obligation to eliminate kedzaliman. So, when kedzaliman happens, the people entitled to submit complaints to the Court Madzalim. If kedzaliman is evidently done by the Caliph, the Court Madzalim entitled memberhen-tikannya.

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The Khilafah Removing Political Corruption

Political corruption always appear in the secular society, especially in countries that apply the system of democracy, not the exception of Indonesia. However, people often think wrong. They considered political corruption is merely an error occurred because the individual, not a systemic error. But the facts show that sistemlah that produce individuals with problems. And also that system and then let the individuals are doing various forms of corruption.

One of the forms of political corruption is the most prominent with the buy and sell articles in the laws or political decisions, such as establishing a budget or positions. With the right to make law legislation held, members of the legislative body to be able to negotiate certain parties, both in and outside the country to include articles in the legislation that benefits them. Or set the budget and the amount of a particular person in a public office in accordance with their interests. To do that all legislative members will get paid some money. Tertangkapnya a number of members of the House of Representatives in bribe case shows that such practices take place are real. Therefore, money and even hundreds of millions who spend billions of rupiah to be a member of parliament is seen as a worthy investment. This is the way of those who would corrupt bermental the most opted to enter parliament. Not surprisingly, if the institution is more representative of the people into place to secure the interests of corrupt individuals, not institutions to take the interests of the people. Meanwhile, the party should become the means of political struggle in the interest of the people, thus becoming a means to perform various actions before political corruption. Hence, the corruption is done together. This is the phenomenon "of corruption in congregation."

In Daulah Khilafah, because the right to make laws and regulations exist in the shari'a and legislasinya process is done with diligence, then no one, including members of Assembly people, that corruption can do with the political road sale sell articles in the legislation that . In Daulah Khilafah, the representatives of the people also can not extort the Caliph did not believe the threat of a motion on prejudice alone. Caliph can only be dismissed if he deviate from the Islamic sharia. With the way this is, Khilafah akan eliminate corruption in the political system in a democracy.

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