Who Has the Right to Make a Constitution?

News:

Türkiye AK Party Vice Chairman Hayati Yazıcı said, "What should be the road map for the making of a constitution by organizing workshops from October onwards? What should be the method? What is AK Party's role in this? We will discuss these issues". Yazıcı stated that a new constitution from A to Z has always been on the agenda of the political institution in Turkey and that the party has expressed its desire to make a new constitution on every platform since the day it was founded. Yazıcı said, “This is not just a desire, it is a necessity. Because making a constitution is the right of the nation". (Agencies 19.08.2024)

Comment:

[اَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَؕ وَمَنْ اَحْسَنُ مِنَ اللّٰهِ حُكْماً لِقَوْمٍ يُوقِنُونَ]

“Is it the judgment of ˹pre-Islamic˺ ignorance they seek? Who could be a better judge than Allah for people of sure faith?” [Al-Ma’idah 50]

Despite the fact that the constitution, which has been amended many times since the establishment of the Republic, has turned into a rag bag in Turkey, the promise of a supposedly more humane and fairer constitution by each incoming government to the people is in reality a confession of a system that is going bankrupt. The fact that the 1982 coup d'état constitution alone has been amended and revised 21 times reveals the incapacity of the human mind, and it is obvious to everyone that these laws only create a ball of problems, let alone solving the problems of the people. Constitutions and laws that do not originate from the Aqeedah of the Muslim people, that are contrary to their nature, that fight against their values, that prioritize the rights of the rulers, that are far from justice, that are the product of the secular aqeedah (doctrine), have so far only oppressed the Muslim people.

Although this truth is obvious, it is regrettable that the rulers, as if in defiance of the Lord of the heavens and the earth, sanctify the constitutions they have prepared with their limited minds and compete to make the people believe in them and make them the source of judgment. However, as a result of these constitutions, the secular system of government has been idolized. The laws enacted on the basis of these constitutions have destroyed the family, society and the generation. Based on these constitutions, all kinds of haraam, crimes and evil deeds have been legitimized. While it is obvious that the laws whose source is the rotten, impure aqeedah of the West have turned people against each other, making a new constitution will only create new atrocities. Talking about coup d'état constitutions will not legitimize the new constitution.

The duty of the rulers is to make their subjects benefit from the blessings of this world in accordance with the commandments of Allah Subhanahu wa Ta'ala. It is also to help them build their hereafter, and the way to do this is to put his commandments and rulings at the center of life. Otherwise, making a new constitution or a new law is not the duty nor the authority of the rulers or the nation or anyone else. This is a dangerous path that should be avoided. This right belongs only to Allah. If you are really concerned about the people and the right, it will be enough to look at the constitution prepared by Hizb ut Tahrir in the light of the Qur'an and Sunnah. This constitution, which is derived from the provisions of the Shar'i rules, offers a rise to man, society and life as commanded by their Lord. Stop building civilization on the hadarah garbage of the kuffar. Try to find your way with solutions and laws derived from the pure Islamic Aqeedah.

Written for the Central Media Office of Hizb ut Tahrir by
Ahmet SAPA