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A Draft Constitution
GENERAL RULES
Article 1
The Islamic creed (‘aqeedah) constitutes the foundation of the
State. Nothing is permitted to exist in the government’s structure,
regime, accountability, or any other aspect connected with the
government, that does not take the creed as its source. The creed is
also the source for the State’s constitution and canons. Nothing
connected to the constitution or canons, is permitted to exist
unless it emanates from the Islamic creed.
Article 2
The domain of Islam (Dar al-Islam) is that entity which applies the
rules of Islam in life’s affairs and whose security is maintained by
Muslims. The domain of disbelief (Dar al-Kufr) is that entity which
applies the rules of kufr and whose security is maintained by the
kuffar.
Article 3
The Khaleefah is empowered to adopt divine rules (Ahkam Shari‘ah) as
canons and articles within the constitution. Once the Khaleefah has
adopted a divine rule, that rule, singularly, becomes the divine
rule that must be enacted and then implemented. Every citizen must
openly and secretly obey that adopted rule.
Article 4
The Khaleefah must not adopt divine rules pertaining to worship,
i.e., ibadat, except in connection with alms (zakat) and war
(jihad). Also, he is not permitted to adopt any of the thoughts
connected with the Islamic creed.
Article 5
All citizens of the Islamic State are entitled to enjoy the divine
rights and duties.
Article 6
All citizens of the State shall be treated equally regardless of
religion, race, colour or any other matter. The State is forbidden
to discriminate among its citizens in all matters, be it ruling or
judicial, or in welfare.
Article 7
The State implements the divine law on all citizens who hold
citizenship of the Islamic State, whether Muslims or not, in the
following manner:
a. The divine law is implemented in its entirety, without exception,
on all Muslims;
b. Non-Muslims are allowed to follow their own beliefs and worships.
c. Those who are guilty of apostasy (murtad) from Islam are to be
executed according to the rule of apostasy, provided they have
themselves renounced Islam. If they are born as non-Muslims, i.e.,
if they are the sons of apostates, then they are treated as
non-Muslims according to their status as being either polytheists (mushriks)
or People of the Book.
d. In matters of food and clothing the non-Muslims are treated
according to their religions within the limits set by Islam.
e. Marital affairs, including divorce, among non-Muslims are settled
in accordance with their religions, but between non-Muslims and
Muslims they are settled according to the divine law.
f. All the remaining Shari‘ah matters and rules, such as: the
application of transactions, punishments and evidences (at court),
the system of ruling and economics are implemented by the State upon
everyone, Muslim and non-Muslim alike. This includes the people of
treaties (mu’aahid), the protected subjects (ahlu zimmah) and all
who submit to the sovereignty of Islam. The implementation on these
people is the same as the implementation on the subjects of the
State. Ambassadors and envoys are treated in their affairs according
to the arrangements agreed upon with their states.
Article 8
The Arabic language is the language of Islam and the sole language
of the State.
Article 9
Ijtihad (personal exertion to derive the Islamic rule) is fard
kifayah (a collective duty), the performance of which is obligatory
on the community as a whole. If the duty is performed, the rest are
relieved from it and every Muslim has the right to exercise ijtihad
if he has acquired the necessary conditions to perform it.
Article 10
There is no such thing as a clergy in Islam as all Muslims bear the
responsibility for Islam. The State will prevent anything that
signifies the existence of a clergy among Muslims.
Article 11
The primary function of the State is the propagation of the
invitation (da’wah) to Islam.
Article 12
The only evidences to be considered for the divine rules (Ahkam
Shari‘ah) are: the Qur’an, the Sunnah, the consensus of the
Companions (ijma’a as-sahabah) and analogy (qiyas). Legislation
cannot be taken from any source other than these evidences.
Article 13
Every individual is innocent until proven guilty. No person shall be
punished without a court sentence. Torturing is absolutely forbidden
and whoever inflicts torture on anyone shall be punished.
Article 14
All human actions are in origin restricted by the divine rules (Ahkam
Shari‘ah), and no action shall be undertaken until its rule (hukm)
is known. Every thing or object is permitted, i.e., halal, unless
there is an evidence of prohibition.
Article 15
Any means that definitely leads to a prohibition (haram) is itself
haram.
THE RULING SYSTEM
Article 16
The ruling system of the State is that of a unitary ruling system
and not a federation.
Article 17
Ruling is centralised and administration is decentralised.
Article 18
There are four positions of ruling in the State. They are:
1. The Khaleefah
2. The delegated assistant (mo’awin)
3. The governor (wali)
4. The mayor (a’mil)
All other officials of the State are employees and not rulers.
Article 19
Nobody is permitted to take charge of ruling, or any action
considered to be of the nature of ruling, except a male who is free,
i.e., not a slave, trustworthy (adil) and Muslim.
Article 20
Calling upon the rulers to account for their actions is both a right
for the Muslims and a fard kifayah (collective duty) upon them.
Non-Muslim subjects have the right to make known their complaints
about the rulers injustice and misapplication of the Islamic rules
upon them.
Article 21
Muslims are entitled to establish political parties to question the
rulers and to access the positions of ruling through the nation (Ummah)
on condition that the parties are based on the creed of Islam and
their adopted rules are divine rules; the establishment of such a
party does not require a license by the State. Any party not
established on the basis of Islam is prohibited.
Article 22
The ruling system is founded upon four principles. They are:
1. sovereignty belongs to the divine law (shar’a) and not to the
people;
2. authority belongs to the people, i.e., the Ummah;
3. the appointment of a Khaleefah into office is an obligation upon
all Muslims;
4. only the Khaleefah has the right to adopt the Ahkam Shari‘ah and
thus he passes the constitution and the various canons.
Article 23
The State system is built upon eight pillars. They are:
1. the Khaleefah
2. the delegated assistants
3. the executive assistants
4. the Amir of jihad
5. judges
6. governors of the provinces (Wilayat)
7. The administrative system
8. the consultative assembly (Majlis ash-Shura)
THE KHALEEFAH
Article 24
The Khaleefah is deputised by the nation with authority for the
enactment of the divine law.
Article 25
The Khilafah is a contract of nomination and acceptance. No-one is
obliged to accept it and no-one is obliged to nominate a particular
person for it.
Article 26
Every mature male and female Muslim, who is sane, has the right to
participate in the election of the Khaleefah and in giving him the
pledge (bay’ah). Non-Muslims have no right in this regard.
Article 27
Once the contract of the Khilafah has been confirmed on a person
through the bay’ah from those who are qualified to give it, the
bay’ah of the remaining people is a bay’ah of obedience and not
agreement. Consequently, those who may disobey it are obliged to
submit.
Article 28
Nobody can become Khaleefah without being appointed by the Muslims.
Nobody can hold the authority of the Khilafah unless it is acquired
legitimately, as is the case with any contract in Islam.
Article 29
Any state which wishes to give the Khaleefah the bay’ah of agreement
must fulfil the following conditions :
a. the state must enjoy autonomy that is reliant solely on Muslims,
and not on any disbelieving (kafir) state;
b. the security of the Muslims in the state, both internally and
externally, must be maintained by the security of Islam and not kufr.
The bay’ah of obedience - as opposed to the bay’ah of agreement -
can be taken from any state without the need to satisfy the
aforementioned conditions.
Article 30
The individual who is given the bay’ah for Khaleefah need only
fulfil the agreement conditions [listed in Article 31]. He need not
fulfil the preferred conditions, because what is essential is the
conditions of agreement.
Article 31
There are six conditions of agreement that are necessary for an
individual to become a Khaleefah. They are:
1. male
2. Muslim
3. free
4. mature
5. sane and
6. just (adl).
Article 32
If the post of the Khaleefah becomes vacant, due to death,
resignation or dismissal, the appointment of a new Khaleefah must
take place within three days of the date when it became vacant.
Article 33
The Khaleefah is to be appointed in the following manner:
a. The Muslim members of the Majlis ash-Shura check and determine
the number of candidates to stand for election for the post of
Khaleefah. These names are subsequently announced and the Muslims
are asked to elect one person from this list of candidates.
b. The results of the election are to be announced and the person
who has attained the majority of the votes is to be announced to the
Muslims.
c. The Muslims must hasten to give the bay’ah to the candidate - who
has attained the majority of votes - as a Khaleefah to follow the
Qur’an and the Sunnah of the Messenger of Allah (saw).
d. Once the bay’ah has been accomplished, the name of the candidate
who has become the Khaleefah along with a statement that he is
qualified with all the agreement conditions necessary for holding
the office of Khaleefah is announced to the people so that the news
of his appointment reaches the entire Ummah.
Article 34
The Ummah appoints the Khaleefah but is not empowered to dismiss him
after he has legitimately attained the bay’ah of agreement.
Article 35
The Khaleefah is the State. He possesses the following authority
within the State:
1. The Khaleefah establishes the divine rules by his adoption and
implementation of them, and as such they become the legal canons
that must be obeyed and not transgressed.
2. The Khaleefah is responsible for both the internal and external
policies of the State. He takes charge of the leadership of the army
and has the right to declare war, conclude peace, armistice, and
treaties.
3. The Khaleefah has the authority to accept and reject foreign
ambassadors, and to appoint and dismiss Muslim ambassadors.
4. The Khaleefah appoints and dismisses the assistants (mo’awin) and
the governors (wula’a). The assistants and governors are responsible
to the Khaleefah and Majlis ash-Shura.
5. The Khaleefah appoints and dismisses the chief judge, the
directors of departments, the leaders of the armed forces and the
chief of staff; all of whom are responsible to the Khaleefah and not
the Majlis ash-Shura.
6. The Khaleefah must adopt the divine rules by which the State’s
budget is set. The Khaleefah has to decide on its chapters and the
funds required for every field, whether they be related to revenue
or expenditure.
Article 36
The Khaleefah is restricted in what he adopts by the divine rules.
He is forbidden to adopt any rule that is not soundly deduced from
the divine texts. He is restricted to the rules he has adopted and
to the method for deducing the rule that he has chosen. Accordingly,
he is prevented from adopting a rule deduced by a method that
contradicts the method he has adopted, and he must not enact any
command that contradicts the rules he has adopted.
Article 37
The Khaleefah has the absolute right to conduct the citizens affairs
according to his ijtihad, but he is not allowed to disagree with a
divine rule on account of benefit. For example; he must not prevent
citizens from importing products on the pretext of protecting the
State’s industries; he must not fix prices on the pretext of
preventing exploitation; and he must not force home owners to lease
their houses on the pretext of increasing the supply of housing. The
Khaleefah must not forbid any halal thing or allow any haram thing.
Article 38
There is no limitation on the Khaleefah’s period in office, as long
as he abides by the divine law, implements its rules and is able to
manage the State’s affairs. If the Khaleefah’s situation changes in
such a way as to discharge him from the office of Khilafah, he is to
be dismissed immediately.
Article 39
There are three matters which, if they change, discharge the
Khaleefah from the office of Khilafah. They are:
1. If one of the qualifying conditions of the Khilafah agreement
becomes void, such as apostatising from Islam, insanity or manifest
sinfulness (fisq) etc., because these are the conditions essential
for the conferment of the agreement and its continuity.
2. His inability to undertake the responsibilities of the position
of Khaleefah for any reason.
3. In the event of subdual, whereby the Khaleefah is rendered unable
to conduct the affairs of the Muslims by his own opinions according
to the divine law. If the Khaleefah is subdued by any force to an
extent that he is unable to manage the citizens affairs by his own
opinion according to the rules of the divine law, he is considered
to be legitimately incapable of undertaking the duty for which he
has been charged, and hence is to be dismissed from the office of
Khilafah. This situation may arise under two circumstances. They
are:
a. When one, or more, of the Khaleefah’s entourage exerts control
over the management of affairs. If there is a chance that the
Khaleefah could rid himself of their dominance he is given a warning
for a specified period of time, after which, if he fails to rid
himself of their dominance, he must be dismissed. If it appears that
there is no chance of the Khaleefah freeing himself from their
dominance, he is to be dismissed immediately.
b. Should the Khaleefah be captured by a subduing enemy, whether he
is actually captured or under its influence, the situation is to be
examined; if there is a chance to rescue the Khaleefah, he is given
a period of time until it appears that there is no hope to rescue
him, after which he is dismissed. Should it appear from the outset
that there is no hope of rescuing him, he is to be dismissed
immediately.
Article 40
The responsibility of deciding whether or not the Khaleefah’s
situation has altered in such a way as to warrant his dismissal is
the prerogative of the Court for the Acts of Injustice (mahkumat
ul-madhalim), only it has the authority to admonish or dismiss the
Khaleefah.
DELEGATED ASSISTANTS
Article 41
The Khaleefah appoints assistants delegated with the authority to
assist him in undertaking the responsibility of ruling. He deputises
them to manage affairs with their own point of view and ijtihad.
Article 42
The delegated assistants must be qualified with the same essential
qualifications of the Khaleefah, viz., male, free, Muslim, sane and
just. Additionally assistants must be competent in the tasks for
which they are deputised to undertake.
Article 43
The appointment of the delegated assistants must entail both
deputation and a general responsibility. Thus, in the appointment of
the assistants, the Khaleefah must pronounce a statement to the
effect of ‘I appoint you on my behalf as my deputy’ or any other
statement that confers both deputation and general responsibility.
Unless the delegated assistant is appointed in this manner he would
not hold the authority of a delegated assistant and thus would not
be a delegated assistant.
Article 44
The function of the delegated assistant, to distinguish between him
and the Khaleefah in his authority, is to inform the Khaleefah of
the matters the delegated assistant has managed and the appointments
and delegated duties he has implemented. Therefore, the function of
the delegated assistant is to inform the Khaleefah of his analysis
and, unless the Khaleefah prevents him, to carry it out.
Article 45
The Khaleefah has to examine the actions and disposals of the
delegated assistants so as to confirm what is sound and to adjust
that which is wrong, because the management of the nations affairs
is entrusted to the Khaleefah and is the subject of his own ijtihad.
Article 46
Once the delegated assistant has managed a matter with the
acquiescence of the Khaleefah, he has the right to carry it out - as
acknowledged - without any alteration. If the Khaleefah revises the
matter and objects to what the delegated assistant has executed, the
following considerations apply: If the Khaleefah has objected to
what the delegated assistant has carried out in regard to a rule
implemented soundly, or a fund spent justly, then the view of the
delegated assistant must be enacted, because it is the original view
of the Khaleefah and the Khaleefah must not redress laws that he has
implemented and funds that he has spent. But if the delegated
assistant has implemented something else, such as the appointment of
a wali or the equipping of the army, then the Khaleefah has the
right to object and to overrule the decision of the delegated
assistant, because the Khaleefah has the right to revise and redress
his own decisions in such cases and hence those of the delegated
assistant.
Article 47
Delegated assistants have a general deputation and therefore must
not be assigned to specific departments or types of action; they
must undertake general supervision of the administrative system and
must not undertake administrative matters.
EXECUTIVE ASSISTANT
Article 48
The Khaleefah has to appoint an executive assistant whose function
is executive and not ruling. His duty is to execute the instructions
of the Khaleefah in both the internal and external affairs of the
State and to relay to the Khaleefah what is received from these
areas. This administration office is a medium between the Khaleefah
and others, i.e., it executes instructions on his behalf and conveys
to him.
Article 49
The executive assistant must be a Muslim because he is one of the
Khaleefah’s entourage.
Article 50
The executive assistant is always in direct contact with the
Khaleefah; the same way the delegated assistants are. The executive
assistant is considered an assistant but in execution instead of
ruling.
AMIR OF JIHAD
Article 51
The directorates of the Amir of jihad consist of four departments,
they are:
1. External affairs,
2. The military,
3. The internal security, and
4. Industry.
The Amir of jihad is the supervisor and director of all four
departments.
Article 52
The Department of External Affairs directs the foreign affairs
connected with the relationship of the Khilafah with foreign
countries, whatever they may be.
Article 53
The Military Department oversees all affairs connected with the
military forces, such as: the army, the police, equipment, armament
supplies, duties etc. It also includes control of the military
academies, military missions, and everything deemed necessary from
the Islamic culture and the culture of the army and whatever is
related to warfare and its preparation.
Article 54
The Department of Internal Security oversees everything connected
with security by means of the military forces, particularly the
police.
Article 55
The Department of Industry directs all affairs connected with
industry, including heavy industry, such as the production of
motors, engines and car bodies; metallurgical industries,
electronics and light industry; and factories of private and public
ownership connected with the military industry. All factories of
whatever type should be established on the basis of the military
policy.
THE ARMY
Article 56
Jihad is a compulsory duty (fard) on all Muslims. Military training
is therefore compulsory. Thus, every male Muslim, fifteen years and
over, is obliged to undergo military training to prepare for jihad.
Conscription, however, is fard kifayah.
Article 57
The army is divided into two: the regulars, who are paid salaries
from the State’s budget as employees, and the reservists, who
comprise all the Muslims capable of fighting.
Article 58
The military forces are one power which is the army from which
certain divisions are selected and organised in a particular way and
provided with a certain culture, these are called policemen.
Article 59
The police are authorised to protect public order, supervise
internal security and to perform all the executive duties.
Article 60
The army possesses flags and banners; the Khaleefah gives the flag
to whomever he appoints as a leader of the army, the banners are
introduced by the brigadiers.
Article 61
The Khaleefah is the leader of the army, he appoints the
commander-in-chief, a general for each brigade and a commander for
each division. The Brigadiers and commanders appoint the remaining
ranks of the army. Members of the general staff are appointed
according to their military culture, and are appointed by the
general chief of staff.
Article 62
The army comprises one army located in specific camps. Some of these
camps must be located in different provinces (wilayat) and strategic
locations, and some must remain permanently mobile fighting forces.
The camps are organised in numerous groups, each one of which is
given a number to accompany its name, such as the first army, the
third army or can be named after a province (wilayat) or district
(‘imala).
Article 63
It is necessary to provide the army with the highest possible level
of military education and to elevate its intellectual level as far
as possible, and to provide every member in the army with the
Islamic culture that enables him to have a general awareness of
Islam.
Article 64
Each camp should have a sufficient number of officers of the general
staff who have attained the highest level of military knowledge and
experience in devising plans and directing battles. The army as a
whole should have as many officers of the general staff as possible.
Article 65
It is necessary to provide the army with all the required armaments,
supplies and equipment so as to fulfil its duty as an Islamic army.
THE JUDICIAL SYSTEM
Article 66
Judgement constitutes the obligatory pronouncement of the divine
rule. It settles the disputes among people, prevents that which
harms the community’s rights and eliminates the disputes arising
between people and members of the ruling system - rulers and
employees - including the Khaleefah and those of lesser rank.
Article 67
The Khaleefah is to appoint a chief judge authorised to appoint,
discipline, and dismiss judges within the regulations of the
administration. The chief judge must be a mature Muslim male who is
sane, just and a jurist. The remaining employees of the courts come
under the domain of the directorate that administers the court
affairs.
Article 68
There are three types of judges. They are:
1. The judge who settles the disputes among people in transactions
and punishments;
2. The muhtasib who judges upon violations of the community’s
rights; and
3. The judge of the Court for the Unjust Acts (mahkamat ul-madhalim)
who settles disputes between people and officials of the State.
Article 69
All judges must be qualified by being Muslim, mature, free, sane,
just, and a jurist being aware of how to apply rules in a situation.
Judges of the Court for the Unjust Acts must additionally be
qualified with being male and a mujtahid, i.e., a person capable of
making ijtihad.
Article 70
The judge and the muhtasib may be given a general appointment to
pronounce judgement on all problems throughout the State, or
alternatively they can be given an appointment to a particular
location and to give judgement on particular cases. On the other
hand, the judge of the Court for the Unjust Acts must be given a
general appointment to pronounce judgement on all problems, but in
terms of location he may be appointed to a particular location or
all over the State.
Article 71
The courts should be comprised of only one judge who has the
authority to pronounce judgement. But one or more judges are
permitted to accompany him with only the authority of advising and
assisting. They have no authority to pronounce judgement and their
opinion is not binding on the judge who has the sole authority to
give judgement.
Article 72
The judge cannot pronounce judgement except in a court session.
Evidence and oaths are not considered except in a court session as
well.
Article 73
It is permissible to vary the grades of courts in respect to the
type of cases. Some judges may thus be assigned to certain cases of
particular grades, and other courts authorised to judge the other
cases.
Article 74
There are no courts of appeal or annulment, because all judgements
are of equal standing. Thus, when the judge has pronounced the
verdict it becomes effective and no other judge’s decision can
overturn it.
Article 75
The muhtasib is the judge who investigates all cases, in the absence
of an individual litigation, involving the rights of the public that
are non-criminal and not involving the hudud (i.e., the
punishments.)
Article 76
The muhtasib has the authority to judge upon violations, wherever
the location. He acquires knowledge of these violations without the
need to hold a court session. A number of policemen are put at the
muhtasib’s disposal to carry out his orders and to execute his
judgements immediately.
Article 77
The muhtasib has the right to appoint deputies to himself, that
possess the same qualifications as the muhtasib, and to assign them
to various locations where they practice with the same authority as
the muhtasib in the location in the cases assigned to them.
Article 78
The judge of the Court for the Unjust Acts is appointed to remove
all unjust acts, committed by the Khaleefah, governor(s), or any
official of the State, that have been inflicted upon anyone -
whether that person is a citizen or not - living in the domain of
the State.
Article 79
Judges in the Court for the Act of Injustice are appointed by the
Khaleefah and the chief judge. However, neither the Khaleefah nor
the chief judge has the right to dismiss them. Their performance is
controlled by the Court for the Unjust Acts and it alone is
responsible for taking them to task.
Article 80
There is no limit on the number of judges that can be appointed to
the Court for the Unjust Acts. The Khaleefah can appoint as many as
he may deem necessary to eradicate the unjust acts. Although it is
permitted for more than one judge to sit in a court session, only
one judge has the authority to pronounce a judgement. The other
judges only assist and provide advice, and their advice is not
binding on the judge authorised to pronounce the judgement.
Article 81
The Court for the Unjust Acts has the authority to dismiss any
ruler, governor and official of the State, including the Khaleefah.
Article 82
The Court for the Unjust Acts has the authority to investigate any
case of iniquity, whether it be connected with officials of the
State, the Khaleefah’s deviation from the divine rules,
interpretation of the legislative texts in the constitution, canons
and divine rules within the framework adopted by the Khaleefah, the
imposition of a tax, etc.
Article 83
The judicature of the Unjust Acts is not restricted by a court
session or the request of the defendant or the presence of the
plaintiff. It has the authority to look into any case of injustice
even if there is no plaintiff.
Article 84
Everyone, both defendant and plaintiff, has the right to appoint a
proxy, whether male or female, Muslim or not, to act on his/her
behalf. There is no distinction between him/her and the proxy. The
proxy has the right to be appointed on a salary according to the
terms agreed upon between the person and his or her proxy.
Article 85
It is permitted for the one who holds office, such as the Khaleefah,
wali, official, muhtasib and judge of the Court for the Unjust Acts,
or persons who have been vested with a specific responsibility, like
a custodian or guardian, to appoint a person to his position as a
proxy - within the bounds of his authority - for the purpose of
appearing on his/her behalf as the plaintiff or defendant, and for
no other reason.
THE GOVERNORS OF THE PROVINCES (WUL’AA)
Article 86
The territories governed by the State are divided into units called
provinces (wilayat). Each wilayat is divided into units called
districts (‘imalat). The person who governs the wilayat is called
the wali or Amir, and the person who governs the ‘imalat is called
the 'amil.
Article 87
The walis and the ‘amils are appointed by the Khaleefah. The wali
can, if authorised, also appoint the ‘amils. The walis and 'amils
must possess the same qualifications as the Khaleefah, i.e., Muslim,
male, free, sane, just and competent in their responsibilities. They
are to be selected from the people of piety (taqwa) and strength.
Article 88
The wali has the authority to govern and supervise the performance
of the departments in his province in his capacity as the deputy of
the Khaleefah. He has the same authority in the province as the
delegate assistant has in the Khilafah State. He has command over
the people of his province and control over all affairs except
finance, the judiciary and the army. He has command over the police
in respect of conduct, but not in administration.
Article 89
The wali is not obliged to inform the Khaleefah of what he has
carried out within his authorised command, but if a new problem
arises, he has to wait until he has informed the Khaleefah about it,
and then proceeds according to the instructions of the Khaleefah.
If, as a result of waiting, the problem would be exacerbated, he
must act first and then inform the Khaleefah later on about the
reason for not informing him.
Article 90
Every province has an assembly elected from its people, and headed
by the wali. The assembly has the authority to participate in
expressing opinions on administrative matters and not ruling; their
opinions are not binding.
Article 91
The wali’s term of office in a particular province is not to be
long. He must be discharged whenever he becomes powerful in his
province and/or the people become enchanted with him.
Article 92
The wali’s appointment is a general responsibility in a defined
location. Consequently, the wali is not moved from one province to
another. He has to be discharged first and then reappointed.
Article 93
The wali can be discharged if the Khaleefah decides so, or if the
majlis as-shura expresses dissatisfaction with him - whether
justified or not - or if the majority of the people of the province
appear displeased with him. However, the wali can only be dismissed
by the Khaleefah.
Article 94
The Khaleefah must exercise strict control over the walis and
continually assess their performance. He must deputise people to
monitor them and periodically gather such people, all or some, and
listen to their complaints about the walis.
THE ADMINISTRATIVE SYSTEM
Article 95
The management of the government’s affairs and the interests of the
people is performed by, and the responsibility of, administrations,
directorates and departments.
Article 96
The administrations, directorates and departments are built upon the
principles of: efficiency of the system, speed in carrying out the
tasks and competence in those who are in charge of them.
Article 97
Any subject of the State, male or female, Muslim or not, who is
suitably competent may be appointed as the head or official of any
administration, directorate or department.
Article 98
Every administration must have a general manager and every
directorate and department must have a special director responsible
for them. All directors are responsible to the general manager for
their administrations, directorates and departments. In respect to
conforming to the laws and public orders, they are responsible to
the Khaleefah, wali and 'amil.
Article 99
The managers and directors of all the administrations, directorates
and departments are to be dismissed only for reasons connected with
administrative regulations. It is permitted to move them from one
post to another and to suspend them. The general manager of each
administration, directorate or department is responsible for the
appointing, dismissing, transferring, suspending and disciplining.
Article 100
Employees, other than the directors and the managers, are appointed,
transferred, suspended, questioned, disciplined or dismissed by the
general manager of their administration, directorate or department.
THE CONSULTATIVE ASSEMBLY (Majlis ash-Shura)
Article 101
The membership of the Majlis ash-Shura consists of those people who
represent the Muslims in respect of expressing their views to the
Khaleefah when consulted. Non-Muslims are allowed to be members of
the Majlis as-Shura so that they can voice their complaints in
respect to unjust acts performed by the rulers and/or the
misapplication of the Islamic laws.
Article 102
The members of the Majlis ash-Shura are elected by the people.
Article 103
Every citizen of the State has the right to become a member of the
Majlis as-Shura, provided he or she is both mature and sane. This
applies to Muslim and non-Muslim. However, membership to non-Muslims
is confined to their voicing of complaints in respect to unjust acts
performed by the rulers and/or the misapplication of Islam upon
them.
Article 104
Consultation (Shura) constitutes the seeking of views, while the
mashura constitutes the seeking of binding views. Matters of
legislation, definitions, expertise, science and technology are not
to be considered mashurah; all other matters are considered
mashurah.
Article 105
All citizens, Muslim or not, may express their views, but shura is a
right for the Muslims only.
Article 106
All issues that fall under the category of mashura are decided on
the basis of the majority opinion, irrespective of whether it is
considered to be correct or not. In all other matters of shura, the
correct opinion is sought, whether it is a majority or minority held
view.
Article 107
The Majlis ash-Shura is charged with four duties. They are:
1a. To arrive at the binding view of the Majlis on matters that are
considered mashura, such as: affairs of ruling, education, health,
and the economy. In all other matters, such as: foreign policy,
finance and the army, which are not considered mashura, the opinion
of the Majlis ash-Shura is not necessarily sought.
1b. To question the government on all actions it actually carried
out, whether they be internal or external affairs, financial or
military. In matters where the majority view decides, the majority
view is binding. Where the majority view is not sought, the
viewpoint is not binding. In the event of the Majlis ash-Shura and
the rulers disagreeing on an action from the view point of the
Shari‘ah, the verdict of the Mahkamat ul-Madhalim is to decide.
2. To express dissatisfaction with the governors and assistants, and
in this matter the view of the Majlis is binding and the Khaleefah
must discharge them at once.
3. To discuss and express opinion on the rules, the constitution and
canons, that the Khaleefah intends to adopt and which he has
presented to the Majlis. The views of the Majlis are not binding in
this matter, though they have the right to express their views;
non-Muslims have no such right.
4. To select the list of candidates to stand for the position of
Khaleefah; no candidate excluded from this list may stand and the
decision of the Majlis is binding. Only Muslim members of the majlis
may participate in drawing up this list.
THE SOCIAL SYSTEM
Article 108
The primary role of a woman is that of a mother and wife. She is an
honour that must be protected.
Article 109
Men and women are basically to be segregated from each other, and
they should not mix together except for a requirement permitted by
the shar'a, such as buying and selling, or for a purpose which the
shar’a allows mixing, like the pilgrimage.
Article 110
Women have the same rights and obligations as men, except for those
specified by the Shari‘ah evidence to be for man. Thus, she has the
right to: practice in trading, farming, and industry; to partake in
contracts and transactions; to possess all manners of property; to
invest her funds by herself (or by others); and to conduct all of
life’s affairs by herself.
Article 111
A woman can participate in the election and giving of the bay’ah to
the Khaleefah, and elect, and also be, a member of the Majlis
ash-Shura, and can be appointed as an official of the State in a
non-ruling position. This includes the position of a judge, but not
in Mahkamat ul-Madhalim.
Article 112
Women are not allowed to take charge of ruling, thus women cannot
hold the positions of Khaleefah, wali, ‘amil, a judge of the
Mahkamat ul Madhalim, and is prevented from practising any of the
actions of ruling.
Article 113
Women live within a public and private life. Within their public
life, they are allowed to live with other women, maharem males
[males forbidden to them in marriage] and men they can marry on
condition that nothing of the women’s body is revealed, apart from
her face and hands, and that the clothing is not revealing nor her
charms displayed.
Article 114
Women are forbidden to be in private with any men they can marry,
they are also forbidden to display their charms or to reveal their
body in front of men they can marry.
Article 115
Men and women must not practice any immoral action or anything which
causes corruption within society that may stem from the Shari‘ah
rules, such as employing a female or male air host(ess), waiter or
barber merely to take advantage of their sex.
Article 116
Marital life is one of tranquillity and companionship. The
responsibility of the husband on behalf of his wife is one of taking
care, and not ruling her. She is obliged to obey her husband and he
is obliged to meet the costs of her livelihood according to the
seemly standard of living.
Article 117
The married couple must assist each other in performing the
household duties, with the husband performing all the actions
normally undertaken outside of the house, and the woman performing
those actions normally undertaken inside the house as best as she
can. The husband should provide home-help as required to assist with
the household tasks she cannot manage herself.
Article 118
The custody of children is both a right and duty of the mother,
whether Muslim or not, so long as the child is in need of this care.
When children, girls or boys, are no longer in need of care, they
are to choose which parent they wish to live with, this applies if
both parents are Muslim. If one of the parents or guardians is
Muslim, there is no choice in the matter, the child is to join the
Muslim.
THE ECONOMIC SYSTEM
Article 119
Economic policy is the view of what the society ought to be when
addressing the satisfaction of its needs, so what the society ought
to be is taken as the basis for satisfying the needs.
Article 120
The fundamental economic question is how to distribute funds and
benefits to all subjects of the State, and to facilitate all the
subjects to utilise these funds and benefits by enabling them to
strive and possess them.
Article 121
Every individual must have his basic needs provided for completely
by the State, and it must facilitate to the highest possible level
the consumption of non-basic needs.
Article 122
Allah is alone the owner of property and He has gifted it to human
beings. By this general donation mankind has acquired the right to
possess property. As a consequence of Allah’s (swt) permission for
the individual to possess property, man has the actual possession.
Article 123
There are three types of property, they are: private property,
public property, and State property.
Article 124
Private property is a divine rule determined by the substance of the
property or the benefit from it. As a result of this possession, the
person who possesses it obtains a benefit from it or receives a
price for it.
Article 125
Public property is the shar'a permission for the community to
participate in obtaining benefit from the property.
Article 126
State property comprises all property whose expenditure is
determined solely by the view of the Khaleefah and his ijtihad, such
as: the funds of taxes, land tax (kharaj) and head tax (jizya).
Article 127
Private property consisting of liquid and fixed assets is restricted
by the following divine causes:
a. Work
b. Inheritance
c. Acquisition of property to survive
d. A donation from State funds to a citizen
e. Funds obtained by individuals not by effort or through purchase.
Article 128
The disposal of property is restricted by the permission of the
Legislator, i.e., Allah, (swt) whether it is spending or investing
of property. Squandering, extravagance and miserliness are
forbidden. Also forbidden are the Capitalist companies,
co-operatives, all other illegal transactions, usury (riba), fraud,
monopolies, gambling and the like.
Article 129
Tithed land (al ushriah) constitutes land within the Arabian
peninsula and land whose owners had embraced Islam, whilst
possessing the land, before the Islamic State encountered them by
jihad. Tax land (al kharajiah) is all land, other than the Arabian
peninsula, which was opened by jihad, i.e., war or reconciliation.
Al ushriah -land, together with its benefits, is owned by
individuals. Al kharajiah land is owned by the State, and
individuals own its benefits. Everyone has the right to exchange,
through shar'a contracts, tithed land and the benefits from tax
land. All people can inherit these, the same as with other
properties.
Article 130
Uncultivated land is acquired by giving life to the land, i.e.,
irrigating it, or by protecting it, i.e., erecting fencing.
Cultivated land can only be acquired by way of shar’a causes, such
as: inheritance, purchasing it, or through a donation from the
State.
Article 131
Leasing land, whether al ushriah-land or al kharajiah-land, for
agriculture is forbidden. Sharecropping of land planted with trees
is permitted, and sharecropping on all other land is forbidden.
Article 132
Every landlord is obliged to use his land, those who are needy are
to be given a loan from the treasury (bayt al-mal) to facilitate
this. Anyone who leaves his land fallow, i.e., does not use the
land, for three years will have it taken from him to be given to
another.
Article 133
The following three categories constitute public property:
a. Public utilities, such as the town square.
b. Vast mineral resources, like oil fields.
c. Things which, by their nature, preclude ownership by individuals,
such as rivers.
Article 134
Factories by their nature are private property. However, they follow
the rule of the product manufactured within it. If the product is
private property, the factory is considered to be private property,
like a textile mill. If the product is a public property, like iron
ore, then the factory is considered to be a public property.
Article 135
The State has no right to change private property into public
property, because public property is determined by its nature and
not by the view of the State.
Article 136
Everybody in the State has the right to utilise public property, and
the State has no right to allow any individual to singularly
possess, own or utilise public property.
Article 137
The State is allowed to protect uncultivated land or public property
on behalf of any of the citizens' interests.
Article 138
Hoarding funds, even if zakah is paid on it, is forbidden.
Article 139
Zakah is collected from Muslims on their properties that are
specified by shar’a, i.e., money, goods, cattle and grain. It is not
taken from anything not specified by the shar’a. Zakah is taken from
every owner whether legally accountable, i.e., mature and sane, or
not, i.e., immature and insane. It is recorded in a specific account
of the bayt al-mal and is not to be spent except on behalf of one or
more of the eight categories of people mentioned in the Glorious
Qur'an.
Article 140
Jizyah (head-tax) is collected from the non-Muslims (dhimmis). It is
to be taken from the mature men if they are financially capable of
paying it. It is not taken from women or children.
Article 141
Kharaj (land-tax) is collected on al-kharajiah land according to its
potential production. However, in respect of al ushriah land zakah
is payable on it on the basis of its actual production.
Article 142
The Muslims pay the tax that shar’a has permitted to cover the
expenditure of bayt al mal, on condition that it is levied on that
which is surplus to the individual’s conventional needs. The tax
must be sufficient to cover the demands of the State. Non-Muslims do
not pay any tax except the jizya.
Article 143
The State has the right to collect tax from its citizenry when the
funds of bayt al mal are inadequate to cover the expenditure
required to undertake all the functions the shar’a has obliged the
Muslims to perform. The State is not allowed to impose a tax on the
people for a function the shar’a has not obliged the Muslims to
undertake. Thus, the State is not allowed to collect fees for the
courts or departments or administrations, or for accomplishing any
interests.
Article 144
The budget of the State has permanent sources decided by the Ahkam
Shari‘ah. The budget is further divided into sections. The funds
assigned to each section and the matters for which the funds are
allocated are all decided by the view of the Khaleefah and his
ijtihad.
Article 145
The permanent sources of income for bayt al-mal are: spoils (faya),
jizya, kharaj, a fifth of the buried treasure (rikaz) and zakah. All
these funds are collected, whether there is a need for them or not,
on a perpetual basis.
Article 146
If the revenue derived from the permanent sources of income for bayt
al-mal are insufficient to cover the expenditure of the State, it is
permitted to collect taxes from the Muslims to cover the expenditure
obliged on bayt al-mal. The obligations are the following:
a. The needs of the poor, the needy, the travellers, and to perform
the obligation of jihad.
b. Remuneration of the salaries of the employees, the rulers and the
provisions for the soldiers.
c. Providing benefits and public utilities, such as constructing
roads, extracting water, erecting mosques, schools and hospitals.
d. Meeting emergencies, like natural disasters, famine, floods and
earthquakes.
Article 147
Income derived from: public and State property, people dying without
heirs and customs levied at the state’s borders (thoghoor), are all
recorded in bayt al-mal.
Article 148
The expenditure of bayt al-mal is distributed among the following
six categories of people as follows:
a. The eight categories of people entitled to partake of the zakah
funds. If there are no funds in this chapter they are not given any
money.
b. The poor, the needy, the travellers, the debtors and jihad are
funded from the permanent sources of revenue whenever there are
insufficient funds in the zakah account. When there are inadequate
funds from the permanent revenues, the debtors are not to receive
assistance. The poor, the needy, the travellers and jihad must be
funded from the taxes collected for this purpose; and if required -
to prevent them from falling into corruption - they are to be funded
from loans raised by the State for this purpose.
c. Bayt al mal must fund those people who perform certain duties or
services for the State, such as employees, rulers and soldiers. If
there are insufficient funds for this purpose, taxes must be
collected immediately to meet their expenses, and loans should be
raised if it is feared that corruption might ensue.
d. Bayt al mal shall fund the essential services and utilities such
as the roads, mosques, hospitals and schools. If there are
insufficient funds, taxes must be collected to cover their cost.
e. Non-essential services and utilities are funded by bayt al mal,
but when there are insufficient funds available they are not
financed and accordingly delayed.
f. Disasters, such as earthquakes and floods, must be financed by
bayt al mal; if there are insufficient funds available, loans are to
be raised immediately, and will be repaid later from taxes.
Article 149
The State should provide employment for all subjects holding
citizenship of the State.
Article 150
Company employees and the self-employed have the same rights and
duties as employees of the State. Everyone who works for a wage,
irrespective of the nature of the work, is considered an employee.
In matters of dispute, between employer and employee over salary
levels, the salary level is to be assessed on the basis of the
market. If they disagree over something else, the employment
contract is to be assessed according to the rules of the shar'a.
Article 151
The salary is to be determined according to the benefit of the work
and employee, and not according to the knowledge and/or
qualification of the employee. There are to be no annual increments
for employees. Instead, they are to be given the full value of the
salary they deserve for the work they do.
Article 152
The State is to guarantee the living expenses of those who have no
money, no employment and no relatives responsible for them. The
State is responsible for housing and maintaining the disabled and
handicapped people.
Article 153
The State must endeavour to circulate wealth among all the subjects
and forbids the movement of wealth among only a sector of society.
Article 154
The State tackles the task of enabling every subject to satisfy his
non-basic needs, and to achieve equality in society, in the
following way:
a. The State grants all subjects liquid and fixed assets from those
deposited with bayt al mal, and from the war booties, etc.
b. The State donates from its cultivated land to those who have
insufficient or no land. Those who possess land but do not use it
are not given land. Those who are unable to use their land are given
financial assistance to enable them to use their land.
c. Those who are unable to settle their debts are given funds from
zakah, and the war booty, etc.
d. The State donates from the public property to enable its subjects
to satisfy their non-basic needs and to achieve equality in society.
Article 155
The State supervises agricultural affairs and their products in
accordance with the needs of the agricultural policy, whose
objective is to fulfil the potential of the land to its greatest
level of production.
Article 156
The State completely supervises the affairs of industry. It
undertakes those industries included as public property.
Article 157
International commerce is assessed on the basis of the citizenship
of the trader and not the origin of the goods. Merchants from
countries in a state of war with the State are prevented from
trading in the State, unless given a special permission for the
merchant or the goods. Merchants from countries that have treaties
with the State are treated according to the terms of the treaty.
Merchants who are subjects of the State are prevented from exporting
strategic and needed materials. However, they are not prevented from
importing any property they own.
Article 158
All individual subjects of the State have the right to establish
research and development laboratories connected with life’s affairs.
The State should also establish such laboratories.
Article 159
Individuals are prevented from possessing laboratories producing
materials that could harm the public interest or cause harm
prohibited by Shari‘ah.
Article 160
The State provides free health care for all, but it does not prevent
private medical practices nor the sale of medicine.
Article 161
The use of foreign capital and its investment within the State is
forbidden. It is also prohibited to grant franchises to foreigners.
Article 162
The State issues its own currency, which is independent of all
foreign currencies.
Article 163
The currency of the State is to be restricted to gold and silver,
whether minted or not. No other form of currency for the State is
permitted. The State can issue coinage not of gold or silver
provided that the treasury of the State (bayt al-mal) has the
equivalent amount of gold and silver to cover the issued coinage.
Thus, the State may issue coinage in its name from brass, bronze or
paper notes etc. as long as it is covered completely by gold and
silver.
Article 164
It is absolutely forbidden to open banks. The only bank permitted is
the State bank which is a department of bayt al mal. It does not
deal in usury (riba) and its function is to provide financial loans
in accordance with the Shari‘ah rules and to facilitate financial
and monetary transactions.
Article 165
It is permissible to exchange between the State currency and the
currency of other states like the exchanging between the state’s own
coinage. It is permissible for the exchange rate between two
currencies to fluctuate provided the currencies are different from
each other. However, such transactions must be undertaken in a
hand-to-hand manner and constitute a direct transaction with no
delay involved. All citizens can buy whatever currency they require
from within or outside the State, and they can purchase the required
currency without obtaining prior permission.
EDUCATION POLICY
Article 166
The Islamic creed constitutes the basis upon which the education
policy is built. The syllabi and methods of teaching are designed to
prevent a departure from this basis.
Article 167
The purpose of education is to form the Islamic personality in
thought and behaviour. Therefore, all subjects in the curriculum
must be rooted on this basis.
Article 168
The goal of education is to produce the Islamic personality and to
provide people with the knowledge connected with life’s affairs.
Teaching methods are established to fulfil this goal.
Article 169
A distinction should be drawn between the empirical sciences such as
mathematics, on the one hand, and the cultural sciences, on the
other. The empirical sciences, and all that is related to them, are
taught according to the need and are not restricted to any stage of
education. As for the cultural sciences, they are taught at the
primary and secondary levels according to a specific policy which
does not contradict Islamic thoughts and rules. In higher education,
these cultural sciences are studied like other sciences provided
they do not lead to a departure from the stated goal of the
education policy.
Article 170
The Islamic culture must be taught at all levels of education. In
higher education, departments should be assigned to the various
Islamic disciplines as will be done with medicine, engineering,
physics etc.
Article 171
Arts and industries may be related to science, such as commerce,
navigation and agriculture. In such cases, they are studied without
restriction or conditions. Sometimes, however, arts and industries
are connected to culture and reflect a particular viewpoint of life,
such as painting and sculpting. If this viewpoint of life
contradicts the Islamic viewpoint of life, these arts and industries
are not taken.
Article 172
The state’s curriculum is the only one allowed to be taught. Private
schools, provided they are not foreign, are allowed as long as they
adopt the state’s curriculum and establish themselves on the State’s
educational policy and accomplish the goal of education set by the
State.
Article 173
It is an obligation upon the State to teach every individual, male
or female, those things which are necessary for the mainstream of
life. This should be provided freely to all and done in the primary
and secondary levels of education. The State should, to the best of
its ability, provide the opportunity for everyone to continue higher
education free of charge.
Article 174
The State ought to provide the means of developing knowledge, such
as libraries and laboratories, in addition to schools and
universities, to enable those who want to continue their research in
the various fields of knowledge, like fiqh, Hadith and tafseer of
Qur'an, thought, medicine, engineering and chemistry, research and
development etc. This is done to create an abundance of mujtahideen,
outstanding scientists and innovators in research.
Article 175
The exploitation of writing for educational purposes, such as
copyrighting, at whatever level is strictly forbidden. Once a book
has been printed and published, nobody has the right to reserve the
publishing and printing rights, including the author. However, if
the book has not been printed and published, and thus is still an
idea, the owner has the right to take payment for transferring these
ideas to the public, the same way he can take payment for teaching
them.
Article 176
Any subject of the State has the right to issue any newspaper,
magazine or book; political or not, without permission. However, any
one who prints, spreads or issues anything that might destroy the
basis on which the State is built will be punished.
Article 177
The State works to eliminate illiteracy and educate those who missed
the opportunity of receiving an education.
FOREIGN AFFAIRS
Article 178
Politics is taking care of the nation’s affairs inside and outside
the State. It is performed by the State and the nation. The State
practices it and the nation questions that practice.
Article 179
It is absolutely forbidden for any individual, party, group or
association to have relations with a foreign state. Relations with
foreign countries are restricted only to the State, because the
State has the sole right to practice taking care of the nations
affairs. The nation is to question the State in connection with this
task of caring.
Article 180
Ends do not justify the means, because the method is integral to the
thought. Thus, the duty (wajib) and the permitted (mubah) cannot be
attained by performing the forbidden action (haram). Political means
must not contradict the political methods.
Article 181
Political manoeuvring is necessary in foreign policy, and the
effectiveness of this manoeuvring is dependent on concealing (your)
aims and disclosing (your) acts.
Article 182
Some of the most important political means are disclosing the crimes
of other states, demonstrating the danger of erroneous politics,
exposing harmful conspiracies and bringing down misleading
personalities.
Article 183
One of the most important political means is the manifestation of
the greatness of the Islamic thoughts in taking care of the affairs
of individuals, nations and states.
Article 184
The political cause of the nation is Islam, in the might of the
State, the sound implementation of its rules, and in perseverance in
its call (da'wa) to mankind.
Article 185
Conveying the Islamic da’wah is the axis around which the foreign
policy revolves, and upon which relations between the State and
other states are built.
Article 186
The state’s relationships with other states are built upon four
considerations. These are:
1. States in the current Islamic world are considered to belong to
one state and, therefore, they are not included within the sphere of
foreign affairs. Relationships with these countries are not
considered to be in the realm of foreign policy and every effort
should be expended to unify all these countries into one state. The
subjects of these countries are not considered to be foreigners.
They have the same rights as other subjects of the Islamic State.
However, if those countries are considered as Dar al-Kufr, then
their subjects are treated as foreigners.
2. States who have economic, commercial, friendly or cultural
treaties with our State are to be treated according to the terms of
the treaties. If the treaty states so, their subjects have the right
to enter the State with an identity card without the need for a
passport; provided our subjects are treated in a like manner. The
economic and commercial relationships with such states must be
restricted to specified items which are deemed necessary and which,
at the same time, do not lead to the strengthening of these states.
3. States with whom we do not have treaties, the actual imperialist
states, like Britain, America and France and those states that have
designs on the State, like Russia are considered to be potentially
belligerent states. All precautions must be taken against them and
it would be wrong to establish diplomatic relationships with them.
Their subjects may enter the Islamic State only with a passport and
a visa specific to every individual and for every visit.
4. With states that are actually belligerent states, like Israel, a
state of war must be taken as the basis for all dispositions with
them. They must be dealt with as if a real war existed between us -
whether an armistice exists or not - and all their subjects are
prevented from entering the State. The money and blood of their
non-Muslim subjects are not protected.
Article 187
All military treaties and pacts, of whatever source, are absolutely
forbidden. This includes political treaties and agreements covering
the leasing of military bases and airfields. It is permitted to
conclude good-neighbouring, economic, commercial, financial,
cultural and armistice treaties.
Article 188
States which are not actually belligerent, imperialist and do not
have designs on the State are allowed to open embassies in the
State. However, the activities of such embassies are not to be
cultural or political, and there should be restrictions on their
movements and authorities.
Article 189
The State will open embassies in the states that are not actually
belligerent, according to the interest of da’wah. Among the
activities of such embassies is to deliver the Islamic call
(da’wah).
Article 190
The State is forbidden to belong to any organisation which is based
on something other than Islam or which applies non-Islamic rules.
This includes international organisations like the United Nations,
the International Court of Justice, the International Monetary Fund
and the World Bank, and regional organisations like the Arab League.
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