Press Release
O People in Egypt: Your Constitution Must be Derived from the Book of your Lord and the Sunnah of your Prophet
(Translated)

On Saturday 12/14/2013, Interim President Adli Mansour in his speech declared that the referendum on a new constitution for the country will be conducted on 14 and 15 January. The interim president had received the new constitution in the third of this month; according to the Declaration of the amended Constitution, the maximum time for the referendum of the new draft constitution should have been the second of next month, but it seems that the interim president - a man of law - did not pay attention to this, or perhaps - and this is more likely - that a date for the referendum on the constitution  was chosen for him on the basis of suitable calculations that have nothing to do with him.

It is obvious that the coup authority is determined to pass this fabricated constitution at any price, to confirm its claim, which it insists upon since months ago, that what happened in the 3/7 was "in response to a popular uprising," not a coup, and therefore it is not surprising that it rallies the system's mouthpieces which adapted to lying and persisted on it: The former mufti (Ali Jummu'ah) called the Egyptians to vote yes to this constitution, "that is supported by heaven,"  as he put it!!  And Dr Kamal Helbawi confirmed that the new Constitution is from the heart of the Deen of Islam! Nour Party rallied its supporters to vote yes "in support of stability." If not saved by these voices and mouthpieces in the media in mobilizing people to vote yes, the authority of the coup will certainly resort to vote-rigging.

It also seems that the Muslim Brotherhood and some factions of the Islamic movement are determined to boycott the referendum on the constitution, and we congratulate them on this position if it was based on the Shari'ah understanding of the prohibition on the referendum on the constitution from the start, but if the boycott is because of arguments like the participation gives legitimacy to the coup or something similar, this is unacceptable, the position on voting must be an ideological emanating from  the doctrine of Islam.

So we in Hizb ut Tahrir declare that it is prohibited by the Shari'ah to vote on the constitution! The one who advocates for voting sins, as well as the one who votes. This was our position on the referendum on the constitution of 2012, and it is our stance on any other constitution that contradicts the Shari'ah of Allah. This is because judging things in terms of being permissible or prohibited, and on the actions of the people in terms of being obligatory, prohibited, recommended, detested or permissible - which is determined by the articles of the Constitution and the law - is for the Shari'ah only and man has no say in the matter at all, and do not call a referendum on it. He (swt) says:

[وَمَا كَانَ لِمُؤْمِنٍ وَلَا مُؤْمِنَةٍ إِذَا قَضَى اللَّهُ وَرَسُولُهُ أَمْرًا أَنْ يَكُونَ لَهُمُ الْخِيَرَةُ مِنْ أَمْرِهِمْ ۗ وَمَنْ يَعْصِ اللَّهَ وَرَسُولَهُ فَقَدْ ضَلَّ ضَلَالًا مُبِينًا]

"It is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair. And whoever disobeys Allah and His Messenger has certainly strayed into clear error" [Al-Ahzab: 36]

Is it permissible for people to vote to make alcohol prohibited or permitted? Or adultery or usury for example?! Of course not.. And such other laws! So, constitutions and laws should be taken from shari'ah texts based on strength of evidences, not the referendum and the majority of the votes.

We invite you O people of Kinana to renounce this Constitution and reject it and refuse to vote! Neither the Constitution of 71 nor the original Constitution of 2012 nor the amended Constitution of 2013 was derived from the Book of your Lord and the Sunnah of your Prophet, but it is an obligation that this should be the case! So I invite you to rally around us and work with us with utmost effort to make the obligation of the Khilafah "Caliphate" state a public opinion in this country, based on public awareness among the people and the army, and then the state will be established just like in the past, glorified and strong by the permission of Allah, no force on earth can stand in front of it. O Muslims! So rise and support the Deen of Allah and His Shar'ah.

[يَا أَيُّهَا الَّذِينَ آمَنُوا إِنْ تَنْصُرُوا اللَّهَ يَنْصُرْكُمْ وَيُثَبِّتْ أَقْدَامَكُمْ]

"O you who believe, if you support Allah, He will support you and plant firmly your feet" [Muhammad: 7]

Sharif Zayed
Head of the Media Office of Hizb ut Tahrir
Wilayah of Egypt