Source:Tuhfat-ul-Mujeeb ‘alaa As’ilat-il-Haadir wal-Ghareeb (pg. 141-143)  Taken from al-ibaanah.com
Question: There is a group amongst us (here in the UK) called Hizb-ut-Tahreer. They call for the Islamic Khilaafah and they speak against the scholars. How can they be refuted and what is the way towards achieving the proper Islamic Khilaafah?
Answer: All praise be to Allaah and may the peace and blessings be on our prophet Muhammad, his family and Companions. I testify that there is no deity worthy of worship except Allaah – alone and with no partner. And I testufy that Muhammad is His slave and Messenger. To proceed:
With regard to the issue of partisanship, people are divided into two parties: The party of Ar-Rahmaan (Allaah) and the party of ash-Shaytaan (the Devil). So the party of ar-Rahmaan – it is not permissible for them to be divided amongst themselves. Allaah, the Most High, says: “Verily those who divide their Religion and break up into sects, you have no concern with them in the least.” [Surah Al-An'aam: 159]
And the Prophet (sallAllaahu ‘alayhi wa sallam) said: “The Jews split up into seventy-one or seventy-two sects. And the Christians split up into seventy-one or seventy-two sects. And my ummah will split up into seventy-three sects.” This hadeeth was reported by Abu Dawood from the narration of Abu Hurairah (radyAllaahu ‘anhu). Abu Dawood reported a similar hadeeth from Mu’awiyah but in it there occurs: “All of them (these sects) will be in the Hellfire, except one sect.” They asked: “Who is it O Messenger of Allaah?” He (sallAllaahu ‘alayhi wa sallam) said: “The Jamaa’ah.” Then he said: “And there will indeed come a people of whom vain desires will move them just as rabies moves around the one it affects.”
And what the Prophet (sallAllaahu ‘alayhi wa sallam) warned us of has already come to pass, for the desires have become many and the parties and groups have multiplied. And Allaah, the Lord of Glory, says in His Noble Book: “And hold on tightly to the Rope of Allaah, all of you, and be not divided.” [Surah Aali 'Imraan: 103]
The Prophet (sallAllaahu ‘alayhi wa sallam) said: “You will indeed follow the ways of those who came before you, step by step, even if they were to enter the hole of a lizard you would enter into it (after them).” We said: “O Messenger of Allaah, do you mean the Jews and the Christians?” He (sallAllaahu ‘alayhi wa sallam) said: “Who else?” And the Prophet (sallAllaahu ‘alayhi wa sallam) said: “The beleiver with respect to another beleiver is like a building, each part supports the other.”
As for these parties, then they chase each other away and they attack one another. In fact, if one were to say: “These splitting into parties has actualized what the enemies of Islaam have desired from splitting up the ummah, dividing its ranks and weaking its strength” he would be speaking truthfully.
Therefore, (I say that) Hizb-ut-Tahreer is a hizb (party) that is wicked. Perhaps you think this is a grave statement since I am the first one to say such a thing, but it is proper that I introduce such a statement. So I say again, it is indeed a wicked party, which began in Jordan. They split away from the Ikhwaan al-Muslimoon, who wrote to them requesting them to return but they refused to go back to them. Their leader was Taqee-ud-Deen an-Nubhaanee. Concerning the matters related to Creed, they say: “Nothing should be accepted except for that which conforms to the intellect.” So if there is found some hearing (of a report), then this hearing must be eliminated. That is why they reject the Punishment in the Grave and they reject that the Dajjaal will be brought forth.
And they have no concern for teaching good etiquettes nor with spreading knowledge. So it is a party that cultivates its followers upon seekiing after and studying politics, which opposes the Religion. And it was once said to the leader of this group: “Why don’t we see any schools for the memorization of the Qur’aan in your party?” So he responded: “I do not want to produce dervishes!”
They rely on politics only, and they do not rely on knowledge and etiquettes, nor on the heart-softening narrations. And with regard to issues of Fiqh, they make it permissible for a man to shake hands with a woman that is not related to him. And they say that it is permissible for a woman to be a leader and that she can sit in a governing council (majlis ash-shuraa). In fact they even allow a disbeliever to be in the governing council and that he can be given general leadership positions! So it is a deviant group that has surpassed the extent of deviance.
And I am surprised at those who join and adhere to this party. So I advise every brother to stay far away from this group and to warn against it. And if it were not that we make excuses for them, that they misinterpret the texts, we would have said that they were disbelievers because they reject the Punishment in the Grave and they reject the coming of the Maseeh ad-Dajjaal. And their leader says that he does not like to teach his students the Qur’aan so that they will not come out as dervishes.
Footnotes: The original source for this is a Question and Answer Session from UK recorded on 13 Ramadaan 1416H.
Published: August 28, 2004 | Modified: August 28, 2004