Muslims in Kenya witnessed a tussle between top government leaders resulting from Eid ul-Adha celebrations. While the Majority Leader in the National Assembly, Aden Duale supported the government’s position through the Internal Security Cabinet Secretary, Fred Matiang’i who officially announced that on Tuesday, 21 August 2018 is a public holiday for the Eid ul-Adha celebrations. The government statement was seen to contradict the earlier announcement by the Chief Kadhi of Kenya, Ahmad Muhdhar who declared that the Eid would be celebrated on Wednesday, 22 August 2018. [Daily Nation, 20 August 2018]. The statements of the two leaders who both are top government civil servants, led the Muslim faithful into a dilemma!
Other leaders proposing the solution to the controversy include Tourism Cabinet Secretary, Najib Balala said, “I will lead the Muslim faithful to organize a forum which will discuss the issue of having a Mufti’s office. We want to do this to unite Muslims in the country.” Balala continued saying that “We do not require a legislation for his existence, because a Mufti is Muslims’ choice not the government. However, if the government sees the need to have a legislation relating to who should be given the position of Mufti, it will be better and we will lobby for it.” Meanwhile the chairman of the Kenya Muslims National Advisory Council (KEMNAC), Juma Ngao said, “We read one Quran, we worship one God, we are one Ummah, but every time we differ upon petty issues such as the date for Ramadhan and Eid. Now we need someone who can lead us.” And he said that Rwanda, Burundi, Egypt, Uganda and Tanzania have instituted a Mufti’s office; Kenya as well is required to emulate her neighbors. [The Star, 21 August 2018].
The confusion and its proposed solution is a consequence of the blow that the Islamic Ummah suffered on the 28 Rajab 1342 AH corresponding to 3 March 1924; when the Western colonialists led by Britain and France destroyed the Khilafah (Islamic State) and expelled the Khalifah (Global Muslim Leader)! And subdivided the one Islamic State (Khilafah) into 54 statelets governed by agent rulers whose Qibla is London and Washington. Since then to date almost 94 years ago, the Islamic Ummah is orphaned and desperate while her sanctities are violated, blood spilled and lands occupied and given to kuffar e.g. the Blessed Land of Palestine granted to Jews etc. Barbaric laws are enacted against the Islamic Ummah on the pretext of fighting extremism or terror etc. and the young and old are languishing in prisons from such oppressive legislation!
The Kenyan government is a government established upon falsehood whose basis is secularism (separation of religion and life) and its ideology is capitalism (whose measure is interest/benefit/profit/loss). From that basis it is clear that the government of Kenya is not founded upon Islam because it is not governed in accordance with the Quran, Sunnah, Consensus of the Companions (Ijma As-Sahaba) and Analogy (Qiyas). Thus, the Kadhi of Kenya is a civil servant like any other civil servant in this invalid state. Just like a worker who works in the Central Bank of Kenya, Kenya Breweries or a worker who authorizes/issue bar/brothel licenses etc. Their difference is in their duties where the Kadhi’s duties are confined to marriage, inheritance and divorce between Muslims but however should his verdict be unsatisfactory to the parties they can appeal in the High Court. This indicate the limits in the Kadhi’s powers that are enshrined in the constitution and he is also confined within the colonial nationalistic borders and cannot arbitrate outside Kenya! As for the proposal of a Mufti likewise is confined within the colonial borders and should the office be established it will face the same limitations since the constitution (man’s legislation emanating from his limited mind) is the national guide and it is never expected for the Mufti to have a higher say than the constitution, however he will be granted powers in certain issues so that it is seen that Muslims have a say in certain issues. The fact remains that whether the Kadhi or the Mufti all are derived from the desperation Muslims’ sentiments to demand for leadership to find solution to their persistent daily problems.
The radical solution lies in Muslims confining themselves completely to Islam.
ياأيها الذين أمنوا أدخلوا في السلم كافة ولا تتبعوا خطواتكم الشيطان انه لكم عدوكم مبين
“Oh you who believe! Enter in Islam completely, and do not follow Satan’s footsteps, indeed he is an evident enemy to you.” [Al Baqarah: 208]
Since Islam is the only ideology which Allah (swt) recognizes.
إن الدين عند الله الإسلام
Indeed, the only Deen (Ideology) in front of Allah is Islam. [Aal-Imran: 19]
Islam as a Deen (ideology) meaning that the Creed that ‘There is no god worthy of worship but Allah and Muhammad is the Messenger of Allah’ should be the basis of man’s actions. And that Islam should govern all facets of life from politics, economics, social, educational, foreign policy, Jihad etc. Therefore, it is inevitable to have a leader (Khalifah) and a state (Khilafah) which will unite and take care the affairs of all Muslims in accordance with Islam and its legislative sources will be Quran, Sunnah, Consensus of the Companions (Ijma As-Sahaba) and Analogy (Qiyas) only.
In that context, Muslims generally are supposed to refrain from unnecessary conflicts whose origin is the division of the Islamic Ummah by the enemies of Islam. So that they occupy Muslims with petty issues instead of discussing how Islam will be implemented in the entire life contrary to the current status; Islam is implemented individually or within the mosque. However, such implementation is only in matters that do not contradict the canons/constitutions of the countries they live in. Therefore, it is imperative to abstain from organizations or parties or people/politicians who depend on secular capitalism to give them guidance in Islamic affairs. Instead, join their Muslim brothers in Hizb ut Tahrir who work day and night world over including here in Kenya in calling for their strict adherence to Islam, establishing the Islamic State (Khilafah) under a single leader (Khalifah) in the Muslim countries/nations.
Hasten oh Muslims, let us strive to work for the restoration of the mother of all obligations i.e. establishment of the Khilafah upon the methodology of Prophethood. This work will put us in historical records the same way it did with the emigrants (Muhajireen) and the protectors (Ansar) who worked day and night to protect the Deen (ideology) of Allah (swt) and their rewards were glory and honour in this world and eternal Paradise in the hereafter by the mercy of Allah.
Ali Nassoro Ali
Member of the Media Office of Hizb ut Tahrir in Kenya