UUD / Hukum-hukum Umum §1-15
- Kategori: Hukum-hukum Umum
Pasal 11: Mengemban da’wah Islam adalah tugas pokok negara.
Article 11: Conveying the Islamic Da’wa (call to Islam) is the fundamental task of the State.
This article has been drafted because as well as being an obligation upon the Muslims, conveying the Islamic Da’wa is also an obligation upon the State. Although conveying the call to Islam forms a part of the implementation of Shari’ah in the relationships and although it is a Shari’ah rule that the State must implement as the individual Muslim does, it is considered as the basis upon which its relationships with other states is built. In other words, it is the basis upon which the whole of the State’s foreign policy is built. Therefore, conveying the Islamic Da’wa is the State’s main task.
The evidence that conveying the call to Islam is an obligation is reflected in the words of Allah (swt)
((وَأُوحِيَ إِلَيَّ هَذَا الْقُرْآَنُ لِأُنْذِرَكُمْ بِهِ وَمَنْ بَلَغَ)) 4
“And this Qur'an was revealed to me that I may warn you thereby and whomever it reaches.” (TMQ 6:19); meaning to warn whoever this Quran reaches. Hence, the warning is to you Muslims and it is also a warning to those whom you convey it to; thus, it is an invitation to them to convey it on behalf of the Messenger of Allah In other words, it is not only a warning to you but rather a warning to you and to all those whom the Quran reaches. The Messenger of Allah said:
«نَضَّرَ اللَّهُ عَبْداً سَمِعَ مَقَالَتِي فَحَفِظَهَا وَوَعَاهَا وَأَدَّاهَا، فَرُبَّ حَامِلِ فِقْهٍ غَيْرِ فَقِيهٍ، وَرُبَّ حَامِلِ فِقْهٍ إِلَى مَنْ هُوَ أَفْقَهُ مِنْهُ»
“May Allah cause to flourish a slave (of His) who hears my words and memorize, perceive, and conveye them. There are those who have knowledge but no understanding, and there may be those who convey knowledge to those who may have more understanding of it than they do.” (in Musnad Al-Shafi’i through ‘Abd Allah Bin Mas’ud). Allah (swt) also said
((وَلْتَكُنْ مِنْكُمْ أُمَّةٌ يَدْعُونَ إِلَى الْخَيْرِ ))
" And let there be [arising] from you a nation (a band of people) inviting to [all that is] good.” (TMQ 3:104), and the goodness is Islam.He (swt) also says
((وَمَنْ أَحْسَنُ قَوْلًا مِمَّنْ دَعَا إِلَى اللَّهِ))
" And who is better in speech than one who invites to Allah and does righteousness and says, "Indeed, I am of the Muslims."" (TMQ 41:33),in other words, to the Deen of Allah. All of these texts indicate that conveying the call to Islam is obligatory and this obligation is general and encompasses the State as well as the Muslims as a whole.
As for the fact that conveying the Da’wa must be the State’s main activity, its evidence is derived from the words and actions of the Prophet . He said
«أُمِرْتُ أَنْ أُقَاتِلَ النَّاسَ حَتَّى يَشْهَدُوا أَنْ لا إِلَهَ إِلاَّ اللَّهُ وَيُؤْمِنُوا بِي وَبِمَا جِئْتُ بِهِ، فَإِذَا فَعَلُوا ذَلِكَ عَصَمُوا مِنِّي دِمَاءَهُمْ وَأَمْوَالَهُمْ إِلاَّ بِحَقِّهَا، وَحِسَابُهُمْ عَلَى اللَّهِ»
“I have been commanded to fight against people, till they testify to the fact that there is no god but Allah, and believe in me (that) I am the Messenger (from the Lord) and in all that I have brought. And when they do it, their blood and riches are guaranteed protection on my behalf except where it is justified by law, and their affairs rest with Allah.” (agreed upon, with the wording from Muslim). Al-Bukhari reported from ‘Urwah B. Al-Ja’d from the Prophet
«الْخَيْلُ مَعْقُودٌ فِي نَوَاصِيهَا الْخَيْرُ إِلَى يَوْمِ الْقِيَامَةِ»
“There is goodness in the forelocks of horses till the Day of Resurrection.” and the horse is an allusion to the continuation of the obligation of Jihad. Additionally, Jihad is not restricted to whether the leader is righteous or immoral since it also indicates the continuation of the Jihad with the righteous and immoral as long as they are Muslim. Al-Bukhari used this narration as evidence for Jihad continuing with the righteous and the immoral leader when he separated a section with the title “Chapter Jihad Continues with the Righteous and the Immoral due to the words of the Prophet
«الْخَيْلُ مَعْقُودٌ فِي نَوَاصِيهَا الْخَيْرُ إِلَى يَوْمِ الْقِيَامَةِ»
“There is goodness in the forelocks of horses till the Day of Resurrection.”. Ahmad also used it as an evidence in the same manner as Al-Bukhari. And in the same manner, it is reported by Said Bin Mansur through Anas who said that the Messenger of Allah said
«وَالْجِهَادُ مَاضٍ مُنْذُ بَعَثَنِي اللَّهُ إِلَى أَنْ يُقَاتِلَ آخِرُ أُمَّتِي الدَّجَّالَ، لا يُبْطِلُهُ جَوْرُ جَائِرٍ وَلا عَدْلُ عَادِلٍ»
“And Jihad will be performed continuously since the day Allah sent me as a Prophet until the day the last member of my community will fight with the Dajjal (Antichrist). The tyranny of any tyrant and the justice of any just (ruler) will not invalidate it”. This Hadeeth was also narrated by Abu Dawud and Al-Tirmidhi didn’t comment on it).So the order to fight until those who resist say that there is no god but Allah and that Muhammad is the Messenger of Allah, serves as evidence about the obligation of conveying the call to Islam upon the State. The fact that this conveying, which is Jihad, is ongoing until the last of the Ummah fights the Dajjal is evidence that the State’s constant activity is Jihad that is not permitted to be disrupted. The two narrations together indicate that the call to Islam is a constant action that is not to be interrupted; therefore, it is the main duty because the main duty is the action that is constantly performed under all circumstances and without any disruption.
Besides, the Messenger of Allah was in a constant state of Jihad ever since he settled in Madinah until he departed this world and Jihad was the main activity. The rightly guided Khulafaa’ came after him and followed in his footsteps assuming Jihad as their main duty. So the State that the Messenger of Allah founded and headed undertook Jihad as its main duty; when he (saw) departed, the State was headed by the Khulafaa’ from among the Companions and similarly the State’s main task was Jihad. Therefore, the evidence stipulating that conveying the Islamic Da’wa is the State’s main task is derived from the Sunnah and the Ijma’ of the Companions.
Additionally, the Messenger of Allah used to convey the call to Islam since Allah (swt) sent him as a Prophet until he departed this world. He was the Head of State in Madinah and since he settled there he made his foreign policy the main activity and the State’s focus of attention. The activities undertaken ranged from raids, expeditions, intelligence gathering and signing treaties. All these activities were for the sake of conveying Islam and its Da’wa to all people. When the Messenger of Allah sensed the strength of the State and its ability to convey the Da’wa internationally, he dispatched twelve envoys simultaneously to twelve monarchs inviting them to Islam, amongst them the Kings of Persia and Rome. Muslim reported from Anas Bin Malik:
«أَنَّ نَبِيَّ اللَّهِ كَتَبَ إِلَى كِسْرَى وَإِلَى قَيْصَرَ وَإِلَى النَّجَاشِيِّ وَإِلَى كُلِّ جَبَّارٍ يَدْعُوهُمْ إِلَى اللَّهِ تَعَالَى»
“The Prophet of Allah wrote to Chosroes (King of Persia), Caesar (Emperor of Rome), Negus (King of Abyssinia) and every (other) despot inviting them to Allah, the Exalted”. When he was satisfied about the might of the State within the Arabian Peninsula and about the spread of the Da’wah among the Arabs and people started to embrace the Deen of Allah (swt) in droves, he looked towards conquering the Romans; hence, the battles of Mu’ta and Tabuk took place. This also serves as evidence that conveying the Da’wa is an obligation upon the State and that it is its main task.