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بسم الله الرحمن الرحيم

Final Declaration of the Darfur and Kordofan Regions Workshop Hawakeer - Public Administration - Tribal Entities Vision Based on the Great Islam (Translated)

At the invitation of Hizb ut Tahrir / Wilayah Sudan, a group of political and tribal leaders, intellectuals, and journalists, assembled at the Friendship Hall in Khartoum on Saturday 23rd Jumada I 1436 H, corresponding to 14th March 2015, in a workshop that lasted for more than five hours. The workshop was concluded by the following declaration:

* The core of the crisis in the country is the injustice caused by the absence of a rightful political thought; the great ideology of Islam, the thought which lifts the injustice, establishes the truth, and spreads security.

* The state of insecurity, and indulging in the forbidden (Haram) blood, which the Darfur and Kordofan regions suffer from, and the carrying of arms against the state, is the fruit of the oppression by the successive regimes that govern the country, due to their non-application of the rightful systems of Islam, which created a suitable environment represented in Hawakeer, tribal entities and Public Administration. So it exacerbated the situation, and as a result discordance, disagreement, murder and displacement have crept on a Jaahili (ignorance) basis; tribal or ethnic, where instincts were promoted, and the correct ideological thought disappeared.

Vision on the basis of the great ideology of Islam:

* The duty of Muslims is to descend upon the Shar'a rule, and to reshape their lives on the basis of the Islamic Aqeedah by the criterion of Halal and Haram. They should not accept other than the rule of Islam. And it is not permissible for any party to prevent the application of the Shar'a rule, on the basis of the party or the tribe. Almighty says:

((فَلا وَرَبِّكَ لا يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لا يَجِدُوا فِي أَنْفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًا))

"But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission." [An-Nisa: 65]

* The Islamic brotherhood bond is the bond that is not overridden by other bonds. The Almighty says,

((إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ))

"The believers are but brothers" [Al-Hujurat: 10]

* There are is no existence, legitimately, of the so-called Hawakeer; i.e. tribal lands, under the Islamic way of life, and no regard for the hypocrisy of the rulers and the regimes for these tribes. For the land belongs to Allah, and He gave succession to the humans. As for the individual, he owns this land for housing or agriculture as a private property in accordance to the legitimate (Shar'i) reasons defined by Islam. It is not permissible for a Muslim to prevent any person, on the basis of the party, the tribe or other, to own a land. Yahy ibn Urwa related from his father that the Messenger of Allah (saw) said: «مَنْ أَحْيَا أَرْضًا مَيْتَةً فَهِيَ لَهُ»

"If anyone revives dead land, it belongs to him". (Narrated by Abu Dawood) Amr ibn Shuaib said that Umar, may Allah be pleased with him, said:

«من عطل أرضا ثلاث سنين لم يعمرها فجاء غيره فعمرها فهي له»

"Whoever neglects a land for three years and another person comes to revive it then it belongs to him". (Narrated by Bukhari)

* Pastures, forests and woodlands are public properties which should benefit all the people. It was narrated from Abu Huraira that the Messenger of Allah (saw) said: «ثَلاثٌ لاَ يُمْنَعْنَ: المَاءُ وَالكَلأُ وَالنَّار»

"Three things cannot be denied to anyone: water, pasture and fire." (Sunan Ibn Majah) Abdullah ibn Hasan al-Anbari said, "My grandmothers, Safiyyah and Duhaybah, narrated to me, that the Messenger of Allah (saw) said,

«الْمُسْلِمُ أَخُو الْمُسْلِمِ يَسَعُهُمَا الْمَاءُ وَالشَّجَرُ وَيَتَعَاوَنَانِ عَلَى الْفَتَّانِ»

"A Muslim is a brother of a Muslim. Each one of them may benefit from water and trees, and they should cooperate with each other against the Satan."

* The herders have the right for the presence of paths for their livestock. As the farmers have the right for their farms not to be infringed by herders' livestock, otherwise the herders guarantee what they damage. And the state's prestige and power is the guarantor of establishing justice and abolishing falsehood. The Messenger of Allah (saw) says: «لا ضَرَرَ وَلا ضِرَارَ»

"There should be neither harming (darar) nor reciprocating harm (dirar)."

And Haram ibn Sad ibn Muhayyisa related that a female camel of al-Bara ibn Azib entered the garden of a man and it did some damage to it. The Messenger of Allah (saw) gave a judgment that:

«أَنَّ عَلَى أَهْلِ الْحَوَائِطِ حِفْظَهَا بِالنَّهَارِ وَأَنَّ مَا أَفْسَدَتْ الْمَوَاشِي بِاللَّيْلِ ضَامِنٌ عَلَى أَهْلِها»

"The people of the garden were responsible for guarding it in the day, and the owner of the animals was liable for what the animals destroyed at night."

* Allah Almighty made the tribes so as to know one another, and not for superiority or boasting. So do not take it out of this sphere to the sphere of hatred and rivalry among the people. He (swt) says:

((يَا أَيُّهَا النَّاسُ إِنَّا خَلَقْنَاكُمْ مِنْ ذَكَرٍ وَأُنْثَى وَجَعَلْنَاكُمْ شُعُوبًا وَقَبَائِلَ لِتَعَارَفُوا إِنَّ أَكْرَمَكُمْ عِنْدَ اللَّهِ أَتْقَاكُمْ إِنَّ اللَّهَ عَلِيمٌ خَبِيرٌ))

"O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted." [Al-Hujurat: 13]

* Whoever kills he bears the graveness of his action, and his matter is decided by the deceased's guardians, who have the right to retribution (Qisas), blood money (Diya) or pardon (A'fw). The Almighty says

((وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الألْبَابِ لَعَلَّكُمْ تَتَّقُونَ))

"And there is for you in legal retribution [saving of] life, O you [people] of understanding, that you may become righteous." [Al-Baqara: 179]

It is not permissible for any party or tribe to intervene in order to impose a choice on the deceased's family.

* The system of Public Administration on tribal basis does not exist in the Islamic way of life. As the Administrative System in Islam is drawn up by the Prophet (saw). It is clear and detailed in your hands, and is characterized by the following features: "the efficiency of the system, speed in carrying out the tasks and competence in those who are in charge of administration". The Prophet (saw) said:

«إن الله كتب الإحسان في كل شيء...»

"Allah obliged kindness in everything..." (Narrated by Muslim)

* Carrying arms in the face of the state is the result of injustice. It is naturally resolved by the application of the truthful systems of Islam, and the extension of the prestige of the State and its authority, as well as drying the hotbeds of conspiracy; from the greedy embassies and international organizations in our country.

* Only the great ideology of Islam, when applied in its own state, the Khilafah "Caliphate" State, is able to melt the different fighting and hating tribes and races, in one homogeneous, harmonic, loving nation; which is the Islamic Ummah, as it has melted it before. The Exalted in Might said,

((وَأَلَّفَ بَيْنَ قُلُوبِهِمْ لَوْ أَنْفَقْتَ مَا فِي الأرْضِ جَمِيعًا مَا أَلَّفْتَ بَيْنَ قُلُوبِهِمْ وَلَكِنَّ اللَّهَ أَلَّفَ بَيْنَهُمْ إِنَّهُ عَزِيزٌ حَكِيمٌ))

"And brought together their hearts. If you had spent all that is in the earth, you could not have brought their hearts together; but Allah brought them together. Indeed, He is Exalted in Might and Wise."[Al-Anfal: 63]

H. 23 Jumada I 1436
M. : Sunday, 15 March 2015

Wilayah Sudan

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