The following is a translation of the revised Draft Constitution of the Khilafah State published by Hizb ut-Tahrir in 2010.
GENERAL RULES
THE RULING SYSTEM
THE KHALEEFAH
Article 25
DELEGATED ASSISTANT (Mu’aawin ut-tafweeD)
AMIR OF JIHAD: WAR DEPARTMENT - ARMY
Article 64
The army possesses flags and banners; the Khaleefah gives the flag to whomever he appoints as a leader of the army, the banners are presented by the chiefs of the brigades.
THE SOCIAL SYSTEM
Article 112
Article 123
Article 159
Article 164
EDUCATION POLICY
FOREIGN AFFAIRS
A Draft Constitution
GENERAL RULES
Article 1
The Islamic ‘Aqeedah constitutes the foundation of the State. Nothing is permitted to exist in the government’s structure, accountability, or any other aspect connected with the government, that does not take the ‘Aqeedah as its source. The ‘Aqeedah is also the source for the State’s constitution and shar’i canons. Nothing connected to the constitution or canons is permitted to exist unless it emanates from the Islamic ‘Aqeedah.
The Islamic ‘Aqeedah constitutes the foundation of the State. Nothing is permitted to exist in the government’s structure, accountability, or any other aspect connected with the government, that does not take the ‘Aqeedah as its source. The ‘Aqeedah is also the source for the State’s constitution and shar’i canons. Nothing connected to the constitution or canons is permitted to exist unless it emanates from the Islamic ‘Aqeedah.
Article 2
The domain of Islam (Daar ul-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 (Daar ul-Kufr) is that entity which applies the rules of kufr and whose security is maintained by the kuffaar
The domain of Islam (Daar ul-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 (Daar ul-Kufr) is that entity which applies the rules of kufr and whose security is maintained by the kuffaar
.
Article 3
The Khaleefah is empowered to adopt divine rules (aHkaam shar’iyyah) enacted as constitution and canons. Once the Khaleefah has adopted a divine rule, that rule alone becomes the divine rule that must be enacted and then implemented. Every citizen must openly and secretly obey that adopted rule.
The Khaleefah is empowered to adopt divine rules (aHkaam shar’iyyah) enacted as constitution and canons. Once the Khaleefah has adopted a divine rule, that rule alone 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 does not adopt divine rules pertaining to worship, i.e. ibadaat, except in connection with alms (zakaah) and war (jihaad) in addition to that which is necessary for maintaining the unity of muslims. Also, he does not adopt any of the thoughts connected with the Islamic ‘Aqeedah.
The Khaleefah does not adopt divine rules pertaining to worship, i.e. ibadaat, except in connection with alms (zakaah) and war (jihaad) in addition to that which is necessary for maintaining the unity of muslims. Also, he does not adopt any of the thoughts connected with the Islamic ‘Aqeedah.
Article 5
All citizens of the Islamic State are entitled to enjoy the divine rights and they are bound by the divine duties.
All citizens of the Islamic State are entitled to enjoy the divine rights and they are bound by the divine duties.
A,rticle 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 caring of affairs.
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 caring of affairs.
Article 7
The State implements the aHkaam shar’iyyah on all citizens who hold citizenship of the Islamic State, whether Muslims or not, in the following manner:
The State implements the aHkaam shar’iyyah on all citizens who hold citizenship of the Islamic State, whether Muslims or not, in the following manner:
a.
The
aHkaam shar’iyyah 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 (murtadd)
from Islam are to be executed according to the rule of apostasy, provided they
have by 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 allowed by ahkam Shara’iah.
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 aHkaam shar’iyyah.
f.
All
the remaining shar’i 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 ZHimmah) and all who submit to the authority of Islam. The
implementation on these people is the same as the implementation on the
subjects of the State. Ambassadors and envoys enjoy diplomatic immunity.
Article 8
Arabic is the language of Islam and the sole language of the State.
Arabic is the language of Islam and the sole language of the State.
Article 9
Ijtihaad (exertion to derive the Islamic rule) is farD kifaayah (a collective duty). Every Muslim has the right to exercise ijtihaad if he has acquired the necessary conditions to perform it.
Ijtihaad (exertion to derive the Islamic rule) is farD kifaayah (a collective duty). Every Muslim has the right to exercise ijtihaad 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 indicates the existence of a clergy among Muslims.
There is no such thing as a clergy in Islam as all Muslims bear the responsibility for Islam. The State will prevent anything that indicates the existence of a clergy among Muslims.
Article 11
The primary function of the State is the propagation of the call (da’wah) to Islam.
The primary function of the State is the propagation of the call (da’wah) to Islam.
Article 12
The only evidences to be considered for the divine rules (aHkaam shar’iyyah) are: the Qur’an, the Sunnah, the consensus of the Companions (ijmaa’ as-SaHaabah) and analogy (qiyaas). Legislation cannot be taken from any source other than these evidences.
The only evidences to be considered for the divine rules (aHkaam shar’iyyah) are: the Qur’an, the Sunnah, the consensus of the Companions (ijmaa’ as-SaHaabah) and analogy (qiyaas). 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.
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 (aHkaam shar’iyyah), and no action shall be undertaken until its rule (Hukm) is known. Every thing or object is permitted, i.e., Halaal, unless there is an evidence of prohibition.
All human actions are, in origin, restricted by the divine rules (aHkaam shar’iyyah), and no action shall be undertaken until its rule (Hukm) is known. Every thing or object is permitted, i.e., Halaal, unless there is an evidence of prohibition.
Article 15
Any means that most likely leads to a prohibition (Haraam) is itself Haraam. However if it was (only) feared that it may lead to a prohibition, then it would not be Haraam.
Any means that most likely leads to a prohibition (Haraam) is itself Haraam. However if it was (only) feared that it may lead to a prohibition, then it would not be Haraam.
THE RULING SYSTEM
Article 16
The ruling system of the State is that of a unitary ruling system and not a federation.
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 de-centralised.
Ruling is centralised and administration is de-centralised.
Article 18
There are four positions of ruling in the State. They are: The Khaleefah , the delegated assistant (mu’aawin at-tafweeD), the governor (wali), the provincial mayor (a’mil). All other officials of the State are employees and not rulers.
There are four positions of ruling in the State. They are: The Khaleefah , the delegated assistant (mu’aawin at-tafweeD), the governor (wali), the provincial mayor (a’mil). All other officials of the State are employees and not rulers.
Article 19
No one is permitted to take charge of ruling, or any action considered to be of the nature of ruling, except a male who is free (Hurr), i.e. not a slave, mature (baaligh), sane (‘aaqil), trustworthy (‘adl), competent; and he must not be save a muslim.
No one is permitted to take charge of ruling, or any action considered to be of the nature of ruling, except a male who is free (Hurr), i.e. not a slave, mature (baaligh), sane (‘aaqil), trustworthy (‘adl), competent; and he must not be save a muslim.
Article 20
Calling upon the rulers to account for their actions is both a right for the Muslims and a farD kifaayah (collective duty) upon them. Non-Muslim subjects have the right to make known their grievances regarding the rulers injustice and misapplication of the Islamic rules upon them.
Calling upon the rulers to account for their actions is both a right for the Muslims and a farD kifaayah (collective duty) upon them. Non-Muslim subjects have the right to make known their grievances regarding 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 Ummah on condition that the parties are based on the ‘Aqeedah of Islam and their adopted rules are aHkaam shar’iyyah; 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.
Muslims are entitled to establish political parties to question the rulers and to access the positions of ruling through the Ummah on condition that the parties are based on the ‘Aqeedah of Islam and their adopted rules are aHkaam shar’iyyah; 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:
The ruling system is founded upon four principles. They are:
- Sovereignty belongs to the divine
law (shara’) and not to the
people.
- Authority belongs to the people,
i.e., the Ummah.
- The appointment of one Khaleefah
into office is an obligation upon all Muslims.
- Only the Khaleefah has the
right to adopt the aHkaam shar’iyyah and thus he
passes the constitution and the various canons.
Article 23
The State
systems are made up of thirteen institutions. They are:
- The Khaleefah (Al-khaleefah).
- The delegated assistant (mu’aawin
at-tafweed).
- The executing assistants (mu’aawin
at-tanfeeZH).
- Governors (Wulaah).
- Amir of jihad (Ameerul jihad).
- Home land (Interior) security.
- Foreign affairs.
- Industry.
- Judiciary (QuDaa’a).
- The state departments (maSaaliH
ad-dawlah).
- State treasury (Bayt ul-mal).
- Media (I’laam).
- The council of the Ummah (Shura
and accounting).
THE KHALEEFAH
Article 24
The Khaleefah is represents the Ummah in authority and in implementing the shara’.
The Khaleefah is represents the Ummah in authority and in implementing the shara’.
Article 25
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 (ba’iah). Non-Muslims have no right in this regard.
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 (ba’iah). Non-Muslims have no right in this regard.
Article 27
Once the contract of the Khilafah has been concluded on a person through the ba’iah of those by whom the ba’iah is legitimately concluded, the ba’iah of the remaining people is a ba’iah of obedience and not contract. Consequently, those who might disobey or rebel are obliged to give ba’iah.
Once the contract of the Khilafah has been concluded on a person through the ba’iah of those by whom the ba’iah is legitimately concluded, the ba’iah of the remaining people is a ba’iah of obedience and not contract. Consequently, those who might disobey or rebel are obliged to give ba’iah.
Article 28
Nobody can become Khaleefah without being appointed by the Muslims. Nobody can hold the power of the Khilafah unless it is convened to him legitimately, as is the case with any contract in Islam.
Nobody can become Khaleefah without being appointed by the Muslims. Nobody can hold the power of the Khilafah unless it is convened to him legitimately, as is the case with any contract in Islam.
Article 29
Any country that wishes to give the Khaleefah the ba’iah of contract, her sulTaan (authority) must be self-acting, that depends on Muslims only and not on any kaafir state. The security of the Muslims in that country, both internally and externally, must be maintained by the security of Islam and not kufr.
Any country that wishes to give the Khaleefah the ba’iah of contract, her sulTaan (authority) must be self-acting, that depends on Muslims only and not on any kaafir state. The security of the Muslims in that country, both internally and externally, must be maintained by the security of Islam and not kufr.
As for the ba’iah of obedience only, it can be
taken from any other country without such conditions.
Article 30
The individual who is given the ba’iah for Khilafah need only to fulfill the contracting conditions, even if he did not fulfil the preference conditions, because what is essential is the conditions of contracting.
The individual who is given the ba’iah for Khilafah need only to fulfill the contracting conditions, even if he did not fulfil the preference conditions, because what is essential is the conditions of contracting.
Article 31
There are seven conditions needed in the Khaleefah so that the Khilafah can be contracted to him. They are to be a male, Muslim, free (Hurr), mature (baaligh), sane (‘aaqil), trustworthy (‘adl) and capable (qaadir).
There are seven conditions needed in the Khaleefah so that the Khilafah can be contracted to him. They are to be a male, Muslim, free (Hurr), mature (baaligh), sane (‘aaqil), trustworthy (‘adl) and capable (qaadir).
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, which include the nights from the date when it became vacant.
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, which include the nights from the date when it became vacant.
Article 33
A temporary
ameer is appointed to run the affairs of Muslims and to supervise the measures
of appointing a new khaleefah after the post of khilafah became vacant in the
follpwwing process:
a)
The
previous khaleefah has the authority to appoint the temporary ameer once he
felt he is dying or he decided to step down.
b)
In
case the khaleefah has passed away or stepped down before appointing the
temporary ameer, or if the post of khilafah became vacant in other than the
situations of death and stepping down, then the eldest assistant (mu’awin
tafweedh) becomes the temporary ameer unless he wants to be nominated for
khilafah post. In that case the next eldest assistant becomes the temporary
ameer, and so on.
c)
In
case all of the assistants (mu’awin tafweedh) wanted to run for the post of khilafah,
then the eldest assistant (mu’awin tanfeedh) becomes the temporary ameer. If
however, he wants to run for the khilafah post, then the next eldest assistant
becomes the ameer, and so on.
d)
If all of the elder tanfeedh assistants wanted
to run for the khilafah post, then the post of temporary ameer will be
conclusively restricted to the youngest tandeedh assistant.
e)
The
temporary ameer has no right to adopt laws for the State.
f)
The
temporary ameer has to spend his utmost
effort to complete the measures of appointing the new khaleefah within three
days; he is not allowed to extend this period except under compelling reason
accepted by the court of unjust acts (mahkamatul madhalim).
Article 34
The
method of appointing the Khaleefah is through the bai’ah. The measures
for appointing and giving bai’ah to the khaleefah are as follows:
- Mahkamatul Madhalim announces the
post of khilafah is vacant.
- The temporary ameer assumes his
duties and announces immediately opening the door for nomination.
- Acceptance of the applications of
the candidates who fulfil the contracting conditions and rejection of the
other applications are decided by Mahkamatul Madhalim.
- The candidates whose applications
were accepted by Mahkamatul Madhalim are short-listed twice by the Muslim
members of the Majlis al-Ummah .
They select in the first time six of the candiates through the majority of
their votes. While in the second time they select two candiates out of the
six ones through the majority of their votes as well.
- The names of these two candidates
are announced, and Muslims would be asked to vote for one of them.
- The result of the voting is
announced and the person who has attained the majority of the votes is to
be announced to the Muslims.
- The Muslims must hasten to give ba’iah to the one who has attained
the majority of votes as a Khaleefah for Muslims on the condition
that he follows the Qur’an and the Sunnah of the Messenger (saw).
- Once the ba’iah has been accomplished, the name of the man who has
become the Khaleefah along with a statement that he has met the
conditions necessary for holding the office of Khilafah is
announced to the people so that the news of his appointment reaches the
entire Ummah.
- Once the measures for appointing
the new kahleefah have been completed the authority of the temporary ameer
expires.
Article 35
The Ummah has the authority to appoint the Khaleefah but she has no right to dismiss him after he has legitimately attained the ba’iah of contracting.
The Ummah has the authority to appoint the Khaleefah but she has no right to dismiss him after he has legitimately attained the ba’iah of contracting.
Article 36
The Khaleefah possesses the following powers:
The Khaleefah possesses the following powers:
- The Khaleefah adopts the aHkaam
shar’iyyah needed for running the affairs of the ummah that are
soundly deduced from the Book of Allah (Quran) and Sunnah of His Messenger
such they become canons that must be obeyed and not violated.
- 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 other treaties.
- The Khaleefah has the
authority to accept and reject foreign ambassadors, and to appoint and
dismiss Muslim ambassadors.
- The Khaleefah appoints and
dismisses the assistants (mu’aawineen) and the governors (wulaah). The assistants and
governors are responsible to the Khaleefah as well as to the Majlis al-Ummah.
- The Khaleefah appoints and
dismisses the chief judge and judges except the judge of madhalim in case
he considers a court case against the khaleefah, or his assistants or his
judges. The Khaleefah appoints and dismisses as well the directors of departments,
the heads of the armed forces and the generals; who are all responsible to
the Khaleefah and not to the Majlis
al-Ummah.
- The Khaleefah adopts the aHkaam
shar’iyyah by which the State’s budget is set. The Khaleefah
decides its sections and the funds required for every field, whether they
are related to revenue or expenditure.
Article 37
The Khaleefah is restricted in his adoption by the aHkaam shar’iyyah. 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 deduction 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.
The Khaleefah is restricted in his adoption by the aHkaam shar’iyyah. 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 deduction 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 38
The Khaleefah has the absolute right to conduct the citizens affairs according to his ijtihaad, so he has the right to adopt of the mubaaH matters anything he wants to run the State affairs and to look after the affairs of the citizens. However, he is not allowed to disagree with a Hukm shar’i under the name of interest. For example; he cannot prevent a family from having more than one child under the pretext of the shortage in food. Nor can he fix prices on the pretext of preventing exploitation; or appoint a kaafir or a woman as a waali on the pretext of caring for affairs or the interest, nor anything that disagrees with sharee’ah rules. The Khaleefah must not forbid any Halaal thing or allow any Haraam thing.
The Khaleefah has the absolute right to conduct the citizens affairs according to his ijtihaad, so he has the right to adopt of the mubaaH matters anything he wants to run the State affairs and to look after the affairs of the citizens. However, he is not allowed to disagree with a Hukm shar’i under the name of interest. For example; he cannot prevent a family from having more than one child under the pretext of the shortage in food. Nor can he fix prices on the pretext of preventing exploitation; or appoint a kaafir or a woman as a waali on the pretext of caring for affairs or the interest, nor anything that disagrees with sharee’ah rules. The Khaleefah must not forbid any Halaal thing or allow any Haraam thing.
Article 39
There is no limitation on the Khaleefah’s period in office. So as long as he abides by the shara’, implements its rules and is able to manage the State’s affairs, he continues as a Khaleefah unless his situation changes in such a way as to discharge him from the office of Khilafah. He is to be dismissed immediately, once such a situation occurred.
There is no limitation on the Khaleefah’s period in office. So as long as he abides by the shara’, implements its rules and is able to manage the State’s affairs, he continues as a Khaleefah unless his situation changes in such a way as to discharge him from the office of Khilafah. He is to be dismissed immediately, once such a situation occurred.
Article 40
There are three matters by which the situation of the Khaleefah changes, and by such he is discharged from the office of Khilafah. They are:
There are three matters by which the situation of the Khaleefah changes, and by such he is discharged from the office of Khilafah. They are:
- If one of the qualifying conditions
of the Khilafah contract becomes void, such as apostatising from
Islam, insanity or manifest sinfulness (fisq) and the like.
This is because these are conditions for contracting the Khilafah
and for its continuity.
- His inability to undertake the
responsibilities of the Khilafah post, for any reason.
- In the event of sub-dual, whereby
the Khaleefah is rendered unable to conduct the affairs of the
Muslims by his own opinion according to the shara’. If the Khaleefah
is subdued by any force to an extent that he is unable to manage the
citizens affairs by his own opinion alone according to the rules of shara’,
he is considered to be legitimately incapable of undertaking the functions
of the state, and thus he ceases to be a Khaleefah. This situation
may arise under two circumstances. They are:
Firstly. 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 cautioned
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.
Secondly. Should the Khaleefah be
captured by a subduing enemy, whether he is actually captured or under its
influence. In this case 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 41
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 (maHkamat al-maZaalim). It alone has the authority to admonish or dismiss the Khaleefah.
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 (maHkamat al-maZaalim). It alone has the authority to admonish or dismiss the Khaleefah.
DELEGATED ASSISTANT (Mu’aawin ut-tafweeD)
Article 42
The Khaleefah appoints an assistant or more delegated with the authority to assist him in undertaking the responsibility of ruling. He deputises to him to manage affairs with his own point of view and ijtihaad.
The Khaleefah appoints an assistant or more delegated with the authority to assist him in undertaking the responsibility of ruling. He deputises to him to manage affairs with his own point of view and ijtihaad.
Once the
Khaleefah passed away the mandate power of
his assistants comes to an end, and they do not continue in their job
except during the term of the temporary ameer.
Article 43
The Mu’aawin ut-tafweeD must be qualified with the same essential qualifications of the Khaleefah, i.e. that he should be male, free, Muslim mature, sane, and ‘adl (trustworthy). Additionally he must be competent in the tasks for which he is deputised to undertake.
The Mu’aawin ut-tafweeD must be qualified with the same essential qualifications of the Khaleefah, i.e. that he should be male, free, Muslim mature, sane, and ‘adl (trustworthy). Additionally he must be competent in the tasks for which he is deputised to undertake.
Article 44
The appointment of the Mu’aawin ut-tafweeD must entail both deputation and a general responsibility. Thus, in the appointment of the assistant, 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 Mu’aawin ut-tafweeD is appointed in this manner he would not be a Mu’aawin ut-tafweeD nor hold the authority of a delegated assistant. This form of appointment enables the Khaleefah to assign the assistants to specific places or moving them to other places or other jobs in a way that assists the Khaleefah without the need for a new appointment, because all of this is included in the original appointment.
The appointment of the Mu’aawin ut-tafweeD must entail both deputation and a general responsibility. Thus, in the appointment of the assistant, 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 Mu’aawin ut-tafweeD is appointed in this manner he would not be a Mu’aawin ut-tafweeD nor hold the authority of a delegated assistant. This form of appointment enables the Khaleefah to assign the assistants to specific places or moving them to other places or other jobs in a way that assists the Khaleefah without the need for a new appointment, because all of this is included in the original appointment.
Article 45
The function of the delegated assistant, so as to distinguish between him and the Khaleefah in his authority, is to inform the Khaleefah of the matters he has managed and the appointments and delegated duties he has implemented. Therefore, the function of the Mu’aawin ut-tafweeD is to inform the Khaleefah of his analysis and, unless the Khaleefah prevents him, to carry it out.
The function of the delegated assistant, so as to distinguish between him and the Khaleefah in his authority, is to inform the Khaleefah of the matters he has managed and the appointments and delegated duties he has implemented. Therefore, the function of the Mu’aawin ut-tafweeD is to inform the Khaleefah of his analysis and, unless the Khaleefah prevents him, to carry it out.
Article 46
The Khaleefah has to examine the actions and dispositions of the Mu’aawin ut-tafweeD so as to confirm what is sound and to adjust that, which is wrong. This is because the management of the Ummah’s affairs is entrusted to the Khaleefah and subject to his own ijtihaad.
The Khaleefah has to examine the actions and dispositions of the Mu’aawin ut-tafweeD so as to confirm what is sound and to adjust that, which is wrong. This is because the management of the Ummah’s affairs is entrusted to the Khaleefah and subject to his own ijtihaad.
Article 47
Once the Mu’aawin ut-tafweeD has managed a matter with the agreement 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 Mu’aawin ut-tafweeD has executed, the following considerations apply: If the Khaleefah has objected to what the Mu’aawin ut-tafweeD has carried out in regard to a rule implemented soundly, or a fund spent justly, then the view of the Mu’aawin ut-tafweeD must be enacted. This is because it is originally the view of the Khaleefah and the Khaleefah must not redress laws that he has implemented and funds that he has spent. However if the Mu’aawin ut-tafweeD has implemented something else, such as the appointment of a waali or the preparation of an army, then the Khaleefah has the right to object and to overrule the decision of the Mu’aawin ut-tafweeD. This is because the Khaleefah has the right to redress his own decisions in such cases and hence those of the Mu’aawin ut-tafweeD.
Once the Mu’aawin ut-tafweeD has managed a matter with the agreement 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 Mu’aawin ut-tafweeD has executed, the following considerations apply: If the Khaleefah has objected to what the Mu’aawin ut-tafweeD has carried out in regard to a rule implemented soundly, or a fund spent justly, then the view of the Mu’aawin ut-tafweeD must be enacted. This is because it is originally the view of the Khaleefah and the Khaleefah must not redress laws that he has implemented and funds that he has spent. However if the Mu’aawin ut-tafweeD has implemented something else, such as the appointment of a waali or the preparation of an army, then the Khaleefah has the right to object and to overrule the decision of the Mu’aawin ut-tafweeD. This is because the Khaleefah has the right to redress his own decisions in such cases and hence those of the Mu’aawin ut-tafweeD.
Article 48
The Mu’aawin ut-tafweeD is not specified to any department of the administration system ; rather his supervision of such departments is general because those who run such departments are emplyees and not rulers, and the Mu’aawin ut-tafweeD is a ruler. So he is not assigned to a specific work for his authority is of general,nature.
The Mu’aawin ut-tafweeD is not specified to any department of the administration system ; rather his supervision of such departments is general because those who run such departments are emplyees and not rulers, and the Mu’aawin ut-tafweeD is a ruler. So he is not assigned to a specific work for his authority is of general,nature.
EXECUTION
ASSISTANT (Mu’aawin ut-tanfeeZH)
Article 49
The Khaleefah appoints a Mu’aawin ut-tanfeeZH whose function is administrative and not ruling. His department 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 hand over reports to him in the following issues:
The Khaleefah appoints a Mu’aawin ut-tanfeeZH whose function is administrative and not ruling. His department 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 hand over reports to him in the following issues:
- Relations with the citizens.
- International relations.
- Army or soldiers.
- State institutes other than the
army.
Article 50
The Mu’aawin ut-tanfeeZH must be a Muslim because he is one of the Khaleefah’s entourage.
The Mu’aawin ut-tanfeeZH must be a Muslim because he is one of the Khaleefah’s entourage.
Article 51
The Mu’aawin ut-tanfeeZH is always in direct contact with the Khaleefah the same way the Mu’aawin ut-tafweeD is. The Mu’aawin ut-tanfeeZH is considered an assistant but in execution instead of ruling.
The Mu’aawin ut-tanfeeZH is always in direct contact with the Khaleefah the same way the Mu’aawin ut-tafweeD is. The Mu’aawin ut-tanfeeZH is considered an assistant but in execution instead of ruling.
THE
GOVERNORS OF THE PROVINCES (WULAH)
Article 52
The territories governed by the State are divided into units called provinces (wilayaat). Each wilaayah is divided into units called districts (‘Imaalaat). The person who governs the wilayah is called the wali or Amir, and the person who governs the ‘Imaalaah is called the 'aamil.
The territories governed by the State are divided into units called provinces (wilayaat). Each wilaayah is divided into units called districts (‘Imaalaat). The person who governs the wilayah is called the wali or Amir, and the person who governs the ‘Imaalaah is called the 'aamil.
Article 53
The waalis and the ‘aamils are appointed by the Khaleefah. The waali can, if authorised, also appoint the ‘aamils. The walis and 'aamils must possess the same qualifications as the Khaleefah, i.e., Muslim, male, free, mature, sane, ‘adl (trustworthy or competent) and competent in their responsibilities. They have to be selected from the people of piety (taqwa) and strength.
The waalis and the ‘aamils are appointed by the Khaleefah. The waali can, if authorised, also appoint the ‘aamils. The walis and 'aamils must possess the same qualifications as the Khaleefah, i.e., Muslim, male, free, mature, sane, ‘adl (trustworthy or competent) and competent in their responsibilities. They have to be selected from the people of piety (taqwa) and strength.
Article 54
The wali has the authority to govern and supervise the performance of the departments in his province on behalf of the Khaleefah. He has all the powers in his province except finance, the judiciary and the army. So, he has leadership over the people of his province and decision regarding everything related to it. However, the police are put under his command in respect of execution, but not in administration.
The wali has the authority to govern and supervise the performance of the departments in his province on behalf of the Khaleefah. He has all the powers in his province except finance, the judiciary and the army. So, he has leadership over the people of his province and decision regarding everything related to it. However, the police are put under his command in respect of execution, but not in administration.
Article 55
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 must inform the Khaleefah later about his action and the reason for not informing him ahead.
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 must inform the Khaleefah later about his action and the reason for not informing him ahead.
Article 56
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. It has two jobs:
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. It has two jobs:
Firstly to
provide the necessary information about the situation of the province and its
needs to the governor, and to express their opinion about that.
Secondly to
speak of their pleasure or discontent of the way the wali governs them.
The opinion of
the assembly regarding the first subject is not binding, while in the second
one is binding. So, if then assembly complained of the wali he would be
dismissed.
Article 57
The waali’s term of office in a particular province is not to be long. He must be discharged whenever he becomes powerful in his province or the people become enchanted with him.
The waali’s term of office in a particular province is not to be long. He must be discharged whenever he becomes powerful in his province or the people become enchanted with him.
Article 58
The waali’s appointment is a general responsibility in a defined location. Consequently, the waali is not transferred from one province to another. He has to be discharged first and then reappointed.
The waali’s appointment is a general responsibility in a defined location. Consequently, the waali is not transferred from one province to another. He has to be discharged first and then reappointed.
Article 59
The wali can be discharged if the Khaleefah decides so, or if the majlis al-ummah expresses dissatisfaction with him - whether justified or not - or if the majority of the people of the province show displeasure with him. However, the wali can only be dismissed by the Khaleefah.
The wali can be discharged if the Khaleefah decides so, or if the majlis al-ummah expresses dissatisfaction with him - whether justified or not - or if the majority of the people of the province show displeasure with him. However, the wali can only be dismissed by the Khaleefah.
Article 60
The Khaleefah must exercise strict control over the waalis and continually assess their performance. He must deputise people to monitor them and enquire about them. He has to periodically gather the waalis , or some of them, and listen to the complaints of the ummah of them.
The Khaleefah must exercise strict control over the waalis and continually assess their performance. He must deputise people to monitor them and enquire about them. He has to periodically gather the waalis , or some of them, and listen to the complaints of the ummah of them.
AMIR OF JIHAD: WAR DEPARTMENT - ARMY
Article 61
The Military
Department oversees all affairs connected with the military forces, such as:
the army, the police, equipment, tasks, armament supplies, 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.
The head of
this department is called (Amir of Jihad).
Article 62
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 in readiness for jihad. Conscription, however, is farD kifaayah.
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 in readiness for jihad. Conscription, however, is farD kifaayah.
Article 63
The army is divided into two parts: the reserves, who comprise all the Muslims capable of fighting, and the regulars, who are paid salaries from the State’s budget like the employees.
The army is divided into two parts: the reserves, who comprise all the Muslims capable of fighting, and the regulars, who are paid salaries from the State’s budget like the employees.
Article 64
The army possesses flags and banners; the Khaleefah gives the flag to whomever he appoints as a leader of the army, the banners are presented by the chiefs of the brigades.
Article 65
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.
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 66
The army comprises one army located in specific camps. Some of these camps must be located in different provinces (wilaayaat) 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 as a name, such as the first army, the third army or can be named after a province (wilaayah) or district (‘imaalah).
The army comprises one army located in specific camps. Some of these camps must be located in different provinces (wilaayaat) 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 as a name, such as the first army, the third army or can be named after a province (wilaayah) or district (‘imaalah).
Article 67
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.
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 68
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.
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 69
It is necessary to provide the army with all the required armaments, supplies and equipment so as to fulfill its task as an Islamic army.
It is necessary to provide the army with all the required armaments, supplies and equipment so as to fulfill its task as an Islamic army.
INTERNAL
SECURITY
Article 70
The Department of Internal Security oversees everything connected with security, and preventing that might threaten the internal security. It maintains the security in the country by means of the police; and it does not use the army for this purpose except by the permission of the Khaleefah.
The Department of Internal Security oversees everything connected with security, and preventing that might threaten the internal security. It maintains the security in the country by means of the police; and it does not use the army for this purpose except by the permission of the Khaleefah.
The head of
this department is called (head of Interior Security). This department has
branches in the provinces (wilayaat), which are called directorates of Interior
security, and the head of the directorate in the province is called (Saahib
ush-Shurtah).
Article 71
Police
(Shurtah) is made of two sections: Military police which follows the Ameer of
Jihad, ie the War department; and the police that work with the ruler to
protect the interior department. Both of these police sections are given
special training and special culture that help them to undertake their duties
efficiently.
Article 72
The most
important matters that threaten the internal security, which the department of
internal security manages, are: apostasy, transgression, rebellion, aggression
against people’s properties, aggressions against people’s lives and honour,
dealing with people suspected of spying to the warring unbelievers.
DEPARTMENT
OF EXTERIOR
Article 73
This department
looks after all of the foreign affairs related to the relationship of the
Khilafah State with the foreign countries, whether it was related to the
political aspect, or the economical, industrial, agricultural and trading
aspects, as well as all forms of postal, wireless and telecommunications and
others.
DEPARTMENT
OF INDUSTRY
Article 74
This department
looks after all of the issues related to industry, whether it was heavy
industry such as manufacture of motors,
machinery, vehicles, and materiolgy and electronic industries; or it is light
industry. And whether the factories are related to the public properties or
individual properties related to war industry. All types of indudtries must be
based on the war policy.
JUDICIARY
(QaDaa)
Article 75
Judgeship is the pronouncement of the verdict in a binding way. 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 apparatus - rulers and employees - including the Khaleefah and those of lesser rank.
Judgeship is the pronouncement of the verdict in a binding way. 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 apparatus - rulers and employees - including the Khaleefah and those of lesser rank.
Article 76
The Khaleefah is to appoint a chief judge authorised to appoint, discipline, and dismiss judges within the administrative regulations. The chief judge must be a mature Muslim male who is sane, just and a jurist. The remaining employees of the courts are connected to the head of the directorate that administers the court’s affairs.
The Khaleefah is to appoint a chief judge authorised to appoint, discipline, and dismiss judges within the administrative regulations. The chief judge must be a mature Muslim male who is sane, just and a jurist. The remaining employees of the courts are connected to the head of the directorate that administers the court’s affairs.
Article 77
There are three types of judges. They are:
1. The judge who settles the disputes among people in transactions (Mu’aamalaat) and punishments (‘Uqoobaat);
There are three types of judges. They are:
1. The judge who settles the disputes among people in transactions (Mu’aamalaat) and punishments (‘Uqoobaat);
2. The muHtasib
who settles the violations of the community’s rights; and
3. The judge of the Court for the Unjust Acts (maHkaamat ul-maDHalim) who settles disputes between people and officials of the State.
3. The judge of the Court for the Unjust Acts (maHkaamat ul-maDHalim) who settles disputes between people and officials of the State.
Article 78
All judges must be qualified by being Muslim, mature, free, sane, ‘adl, and a jurist being aware of how to apply rules to incidents. Judges of maHkaamat ul-maDHalim must additionally be qualified with being male and a mujtahid, i.e., a person capable of making ijtihaad.
All judges must be qualified by being Muslim, mature, free, sane, ‘adl, and a jurist being aware of how to apply rules to incidents. Judges of maHkaamat ul-maDHalim must additionally be qualified with being male and a mujtahid, i.e., a person capable of making ijtihaad.
Article 79
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.
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.
Article 80
The courts should be comprised of only one judge who has the authority to pronounce verdict. One or more judges are however permitted to accompany him with only the authority of advising and assisting. They have no authority to pronounce verdict and their opinion is not binding on the judge who has the sole authority to give judgement.
The courts should be comprised of only one judge who has the authority to pronounce verdict. One or more judges are however permitted to accompany him with only the authority of advising and assisting. They have no authority to pronounce verdict and their opinion is not binding on the judge who has the sole authority to give judgement.
Article 81
The judge cannot pronounce verdict except in a court session. Evidence and oaths are not considered except in a court session as well.
The judge cannot pronounce verdict except in a court session. Evidence and oaths are not considered except in a court session as well.
Article 82
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.
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 83
There are no courts of appeal or cassation, because all judgements are of equal standing. Thus, once the judge has pronounced the verdict it becomes effective and no other judge’s decision can overturn it, unless he judged with other than Islam, disagreed with a definite text in the Qur’an, Sunnah or Ijmaa’ as-SaHaabah or it appeared that he judged in contradictory to a true reality.
There are no courts of appeal or cassation, because all judgements are of equal standing. Thus, once the judge has pronounced the verdict it becomes effective and no other judge’s decision can overturn it, unless he judged with other than Islam, disagreed with a definite text in the Qur’an, Sunnah or Ijmaa’ as-SaHaabah or it appeared that he judged in contradictory to a true reality.
Article 84
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 Hudood (i.e., the punishments.)
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 Hudood (i.e., the punishments.)
Article 85
The muHtasib has the authority to judge upon violations, at any place as soon as he gains 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 verdicts immediately.
The muHtasib has the authority to judge upon violations, at any place as soon as he gains 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 verdicts immediately.
Article 86
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 exercise the same authority as the muHtasib in the location and the cases assigned to them.
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 exercise the same authority as the muHtasib in the location and the cases assigned to them.
Article 87
The judge of the maHkaamat ul-maDHalim 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.
The judge of the maHkaamat ul-maDHalim 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 88
Judge of the maHkaamat ul-maDhalim of Injustice is appointed by the Khaleefah or the chief judge. As for his accounting , disciplining and dismissal, this is carried by the Khaleefah, or the chief judge if authorised by the Khaleefah to do so. However, it is not allowed to dismiss him during his investigation in an unjust act against the khaleefah, mua’win ut-tafweeDH or the chief judge. The authority of his dismissal in such cases is the prerogative of mahkamat ul-madhalim.
Judge of the maHkaamat ul-maDhalim of Injustice is appointed by the Khaleefah or the chief judge. As for his accounting , disciplining and dismissal, this is carried by the Khaleefah, or the chief judge if authorised by the Khaleefah to do so. However, it is not allowed to dismiss him during his investigation in an unjust act against the khaleefah, mua’win ut-tafweeDH or the chief judge. The authority of his dismissal in such cases is the prerogative of mahkamat ul-madhalim.
Article 89
There is no limit on the number of judges that can be appointed 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 verdict. The other judges only assist and provide advice, and their advice is not binding on the judge authorised to pronounce the verdict.
There is no limit on the number of judges that can be appointed 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 verdict. The other judges only assist and provide advice, and their advice is not binding on the judge authorised to pronounce the verdict.
Article
90
The maHkaamat ul-maDHalim has the authority to dismiss any ruler, governor and official of the State, including the Khaleefah in case the removal of the unjust act requires that..
The maHkaamat ul-maDHalim has the authority to dismiss any ruler, governor and official of the State, including the Khaleefah in case the removal of the unjust act requires that..
Article 91
The maHkaamat ul-maDHalim 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 or the imposition of a tax, etc.
The maHkaamat ul-maDHalim 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 or the imposition of a tax, etc.
Article 92
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.
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 93
Everyone, both prosecution and defence, has the right to appoint a proxy, whether male or female, Muslim or not, to act on his or her behalf. There is no distinction in this matter between the attorney and to the individual granting power to the attorney. The proxy has the right to be appointed on a salary according to the terms agreed upon between the two parties in question.
Everyone, both prosecution and defence, has the right to appoint a proxy, whether male or female, Muslim or not, to act on his or her behalf. There is no distinction in this matter between the attorney and to the individual granting power to the attorney. The proxy has the right to be appointed on a salary according to the terms agreed upon between the two parties in question.
Article 94
It is permitted for the one who holds office, such as the Khaleefah, waali, 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.…
It is permitted for the one who holds office, such as the Khaleefah, waali, 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.…
Article 95
The contracts, transactions and court verdicts
that were concluded and excuted before the establishment of the Khilafah cannot
be overturned or raised again by the Khilafah judiciary unless the case is as
follows:
- If the case has an effect
contradictory to Islam then it must be raised again..
- If the case is related to harm
inflicted upon Islam and Muslims by the previous rulers and their
followers, then the Khaleefah is allowed to raise these cases again.
- If the case is related to a
property that still exists under the hand of its usurper.
THE
ADMINISTRATIVE SYSTEM
Article 96
The management of the government’s affairs and the interests of the people is performed by administrations, directorates and departments that aim at handling the affairs of the state and discharging the people’s interests..
The management of the government’s affairs and the interests of the people is performed by administrations, directorates and departments that aim at handling the affairs of the state and discharging the people’s interests..
Article 97
The policy of running the administrations, directorates and departments is built upon the efficiency of the system, speed in carrying out the tasks and competence in those who are in charge of administration.
The policy of running the administrations, directorates and departments is built upon the efficiency of the system, speed in carrying out the tasks and competence in those who are in charge of administration.
Article 98
Any subject of the State, male or female, Muslim or not, who is suitably competent may be appointed as head or official of any administration, directorate or department.
Any subject of the State, male or female, Muslim or not, who is suitably competent may be appointed as head or official of any administration, directorate or department.
Article 99
Every administration must have a general manager and every directorate and department must have a director directly responsible about them. All directors are responsible before the general manager of their administrations, or their directorates or departments regarding their work. In respect to conforming to the laws and public orders, they are responsible to the Khaleefah, waali and 'aamil.
Every administration must have a general manager and every directorate and department must have a director directly responsible about them. All directors are responsible before the general manager of their administrations, or their directorates or departments regarding their work. In respect to conforming to the laws and public orders, they are responsible to the Khaleefah, waali and 'aamil.
Article 100
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.
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 101
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.
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.
BAYT UL-MAL
(TREASURY)
Article 102
Treasury (bait
ul-mal) is a department that takes charge of the revenues and expenditure in
accordance with the ahkaam shar’iyyah in terms of their collection,
preservation and expenditure. The head of the Bait ul-mal department is called
(khazin bait ul-mal) treasury secretary. There are directorates in the
provinces (wilayat) that follow this department, where the head of each
directorate is called (sahib bait ul-mal).
INFORMATION
(I’LAAM)
Article 103
Media
institution is a department that undertakes devising an information policy for
the state to serve and execute the interest of Islam internally: to build a
robust and strong Islamic society that gets rid of its impurities and reflects
its goodness. As for abroad, it presents Islam, at time of war and peace, in a
way that shows the glory and justice of
Islam and the strength of its army; and shows as well the invalidity and
oppression of the man- made system and the weakness of its army.
Article 104
Media means
owned by those who carry the citizenship of the state do not need license; they
rather need (a notice) only sent to the Information department informing it
of the media means set up. The owner of
the media means and its editors would be responsible for any information they
publish, and they will be accounted, like any citizen, about any divine
violation.
THE UMMAH
ASSEMBLY ( SHURA AND ACCOUNTING)
Article 105
The members who represent the Muslims so that the Khaleefah can refer to them are the Majlis al-Ummah, and the members who represent the people of provinces (wilayaat) are majaalis ul-wilayaat (councils of provinces).. Non-Muslims are allowed to be members of the Majlis al-Ummah so that they can voice their complaints in respect to unjust acts performed by the rulers or the misapplication of the Islamic laws.
The members who represent the Muslims so that the Khaleefah can refer to them are the Majlis al-Ummah, and the members who represent the people of provinces (wilayaat) are majaalis ul-wilayaat (councils of provinces).. Non-Muslims are allowed to be members of the Majlis al-Ummah so that they can voice their complaints in respect to unjust acts performed by the rulers or the misapplication of the Islamic laws.
Article 106
Members of the
majlis ul-wilayah are directly elected by the people of that wilayah; and the
number of members of the majaalis ul-wilayaat is decided according to the ratio
of the population of the wilayah. The members of the majlis al-Umaah are
directly elected by the majaalis ul-wilayaat. The beginning and the end of the
term of Majlis Al-Ummah conforms with
the beginning and the end of the term of majaalis ul-wilayaat.
Article 107
Every citizen of the State has the right to become a member of the Majlis al-Ummah and the Majlis al-Wilaayah, provided he or she is both mature and sane, whether he or she was a Muslim or a non-Muslim. However, membership to non-Muslims is confined to their voicing of complaints in respect to unjust acts performed by the rulers or the misapplication of Islam upon them.
Every citizen of the State has the right to become a member of the Majlis al-Ummah and the Majlis al-Wilaayah, provided he or she is both mature and sane, whether he or she was a Muslim or a non-Muslim. However, membership to non-Muslims is confined to their voicing of complaints in respect to unjust acts performed by the rulers or the misapplication of Islam upon them.
Article 108
Consultation (Shoora) and the mashoora are the seeking of views in absolute terms. These views are not binding in legislation, definitions, intellectual matters such as discovering the facts and the technical and scientific matters. However they are binding when the Khaleefah consults in other practical matters and actions that do not scrutiny or research.
Consultation (Shoora) and the mashoora are the seeking of views in absolute terms. These views are not binding in legislation, definitions, intellectual matters such as discovering the facts and the technical and scientific matters. However they are binding when the Khaleefah consults in other practical matters and actions that do not scrutiny or research.
Article 109
All citizens, Muslim or not, may express their views, but Shoora is a right confined for the Muslims only.
All citizens, Muslim or not, may express their views, but Shoora is a right confined for the Muslims only.
Article 110
All issues that fall under the binding Shoora, when the Khaleefah seeks opinion, are decided on the basis of the majority opinion, irrespective of whether they are considered to be correct or not. In all other matters of Shoora, the correct opinion is sought, whether it is a majority or minority held view.
All issues that fall under the binding Shoora, when the Khaleefah seeks opinion, are decided on the basis of the majority opinion, irrespective of whether they are considered to be correct or not. In all other matters of Shoora, the correct opinion is sought, whether it is a majority or minority held view.
Article 111
The Majlis al-Ummah is charged with five duties. They are:
The Majlis al-Ummah is charged with five duties. They are:
- a) To be consulted by the Khaleefah
or to advice him on the actions and practical matters that are related to
the management of the internal affairs which do not need scrutiny or
research, such as: affairs of ruling, education, health, and the economy,
industry, farming and the like; and its opinion in that is binding.
b)
However in the matters which require scrutiny and research and the technical
matters, the financial, the military and the foreign policy, the Khaleefah
has the right to refer to the Majlis for consultation and seeking an
opinion; however the opinion of Majlis in such matters is not binding.
- The Khaleefah may submit to the
majlis the rules and laws he intends to adopt. Muslim members have the
right to discuss them and show the validity and error of them . If they
disagreed with the Khaleefah over the method of their adoption from the
sources adopted by the state, then the decision over them is the right
of Mahkamat ul-Madhalim, whose
opinion over this matter is binding.
- The Majlis has the right to
account the Khaleefah regarding all the actions that the state has
actually executed, whether they were of the domestic or foreign matters,
or the finance or the army and the like. The view of the Majlis is
binding wherever the majority opinion is binding and not binding wherever
the majority opinion is not.If the Majlis disagreed with the Khaleefah over an action that
was already executed, from shar’I aspect then it is referred to mahkamat
ul-madhalim to decide whether the action was shar’I or not; and its
opinion over this matter is binding.
- The Majlis has the right to
express dissatisfaction with the assistants, governors, and mayors; and in
this matter the view of the Majlis
is binding and the Khaleefah must discharge them at once. If the view of
majlis ul-ummah differed from the majlis ul-wilayah in a specific province
over content or discontent of its wali or aamils then the view of majlis
ul-wilayah has the priority.
- Its Muslim members have the right
to short list the candidates standing for the position of Khaleefah, which
Mahkamat ul-Mathalim approved they fulfil the contracting conditions; and
the opinion of their majority is
binding. Thus, election would not be valid except from those short listed
by the majlis.
THE SOCIAL SYSTEM
Article 112
The primary
role of a woman is that of a mother and wife. She is an honour (‘ird) that must be protected.
Article 113
Segregation of the sexes is fundamental, they should not meet together except for a need that the shara’ allows or for a purpose the shara’ allows men and women to meet for, such as trading or pilgrimage (Hajj).
Segregation of the sexes is fundamental, they should not meet together except for a need that the shara’ allows or for a purpose the shara’ allows men and women to meet for, such as trading or pilgrimage (Hajj).
Article 114
Women have the same rights and obligations as men, except for those specified by the shar’i evidences to be for him or her. Thus, she has the right to practice in trading, farming, and industry; to partake in contracts and transactions; to possess all form of property; to invest her funds by herself (or by others); and to conduct all of life’s affairs by herself.
Women have the same rights and obligations as men, except for those specified by the shar’i evidences to be for him or her. Thus, she has the right to practice in trading, farming, and industry; to partake in contracts and transactions; to possess all form of property; to invest her funds by herself (or by others); and to conduct all of life’s affairs by herself.
Article 115
A woman is allowed to be employed in the State official jobs and in Judiciary except in judiciary of unjust acts (Qadaa’ Madhalim). She can elect and be a member of the Majlis al-Ummah, and also participate in electing and giving of the bai’ah to the Khaleefah
A woman is allowed to be employed in the State official jobs and in Judiciary except in judiciary of unjust acts (Qadaa’ Madhalim). She can elect and be a member of the Majlis al-Ummah, and also participate in electing and giving of the bai’ah to the Khaleefah
Article 116
Women are not allowed to take charge of ruling, thus women cannot hold the positions of Khaleefah mu’aawin, waali, ‘aamil nor to practice any actions of ruling. She is not allowed to be a chief judge, a judge in maHkaamat ul-MuDHalim nor ameer of Jihad.
Women are not allowed to take charge of ruling, thus women cannot hold the positions of Khaleefah mu’aawin, waali, ‘aamil nor to practice any actions of ruling. She is not allowed to be a chief judge, a judge in maHkaamat ul-MuDHalim nor ameer of Jihad.
Article 117
Women live within a public and private life. Within their public life, they are allowed to live with other women, maHram males [males forbidden to them in marriage] and foreign men (whom 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. Within the private life she is not allowed to live except with women or her maHram males and she is not allowed to live together with foreign men. In both cases she has to restrict herself with the rules of shara’.
Women live within a public and private life. Within their public life, they are allowed to live with other women, maHram males [males forbidden to them in marriage] and foreign men (whom 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. Within the private life she is not allowed to live except with women or her maHram males and she is not allowed to live together with foreign men. In both cases she has to restrict herself with the rules of shara’.
Article 118
Women are forbidden to be in private (khulwah) with any men they can marry, they are also forbidden to display their charms or to reveal their body in front of foreign men.
Women are forbidden to be in private (khulwah) with any men they can marry, they are also forbidden to display their charms or to reveal their body in front of foreign men.
Article 119
Men and women must not practice any work that poses danger to the morals or causes corruption in society.
Men and women must not practice any work that poses danger to the morals or causes corruption in society.
Article 120
Marital life is one of tranquillity and companionship. The responsibility of the husband on behalf of his wife (qiwaamah) is one of taking care, and not ruling. She is obliged to obey her husband and he is obliged to meet the costs of her livelihood according to a fair standard of living (ma’roof).
Marital life is one of tranquillity and companionship. The responsibility of the husband on behalf of his wife (qiwaamah) is one of taking care, and not ruling. She is obliged to obey her husband and he is obliged to meet the costs of her livelihood according to a fair standard of living (ma’roof).
Article 121
The married couple must fully 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 her servants required to assist with the household tasks she cannot manage herself.
The married couple must fully 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 her servants required to assist with the household tasks she cannot manage herself.
Article 122
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 if both parents are Muslims, whether the child is male or female. If however one of the parents was a non-Muslim, then there is no choice for the child; but he/she rather joins the Muslim parent.
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 if both parents are Muslims, whether the child is male or female. If however one of the parents was a non-Muslim, then there is no choice for the child; but he/she rather joins the Muslim parent.
THE ECONOMIC
SYSTEM
Article 123
The management
of economics is the view of what the society ought to be when addressing the
satisfaction of (human) needs, so what the society ought to be is made as the
basis for satisfying the needs.
Article 124
The fundamental economic problem is how to distribute funds and benefits/ services to all subjects of the State, and to facilitate all the subjects to utilise these funds and benefits/ services by enabling them to strive and possess them.
The fundamental economic problem is how to distribute funds and benefits/ services to all subjects of the State, and to facilitate all the subjects to utilise these funds and benefits/ services by enabling them to strive and possess them.
Article 125
Every individual must have all his basic needs provided for completely by the State, and he/she must be guaranteed to satisfy his luxurious needs (non-basic needs) to the highest possible level.
Every individual must have all his basic needs provided for completely by the State, and he/she must be guaranteed to satisfy his luxurious needs (non-basic needs) to the highest possible level.
Article 126
Allah is alone the owner of property and He has made human beings heirs in it. By this general entrust humankind 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.
Allah is alone the owner of property and He has made human beings heirs in it. By this general entrust humankind 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 127
There are three types of property, they are: private property, public property, and State property.
There are three types of property, they are: private property, public property, and State property.
Article 128
Private property is a divine rule determined by the property itself or the benefit from it. As a result of this possession, the person who possesses it obtains a benefit from it or receives a return for it.
Private property is a divine rule determined by the property itself or the benefit from it. As a result of this possession, the person who possesses it obtains a benefit from it or receives a return for it.
Article 129
Public property is the sharee’ahs permission for the community to participate in obtaining benefit from the property itself.
Public property is the sharee’ahs permission for the community to participate in obtaining benefit from the property itself.
Article 130
State property comprises all property whose expenditure is determined solely by the view of the Khaleefah and his ijtihaad, such as: the funds of taxes, land tax (kharaaj) and head tax (jizya).
State property comprises all property whose expenditure is determined solely by the view of the Khaleefah and his ijtihaad, such as: the funds of taxes, land tax (kharaaj) and head tax (jizya).
Article 131
Private property consisting of movble and immovable assets is restricted by the following divine means (asbaab):
Private property consisting of movble and immovable assets is restricted by the following divine means (asbaab):
a. Work.
b. Inheritance.
c. Acquisition of property to survive.
d. A donation from State funds to a citizen.
e. Funds obtained by individuals neither by effort nor through purchase.
b. Inheritance.
c. Acquisition of property to survive.
d. A donation from State funds to a citizen.
e. Funds obtained by individuals neither by effort nor through purchase.
Article 132
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.
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 133
Tithed land (al-‘Ushriyyah) constitutes land within theArabian peninsula and land whose owners
had embraced Islam whilst possessing the land, (i.e. before the Islamic State
encountered them by jihad). Tax land (al-Kharaajiyyah) is all land, other than the Arabian Peninsula,
which was opened by jihad, i.e. war
or peace. Al- Ushriyyah land,
together with its benefits, is owned by individuals. Al Kharaajiyyah land is owned by the State, and individuals own
its benefits. Everyone has the right to exchange, through shar’i contracts,
tithed land and the benefits from tax land. All people can inherit these, the
same as with other properties.
Tithed land (al-‘Ushriyyah) constitutes land within the
Article 134
Uncultivated (muwaat) land is acquired by rehabilitating/reviving 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 means, such as: inheritance, purchasing or through a donation from the State.
Uncultivated (muwaat) land is acquired by rehabilitating/reviving 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 means, such as: inheritance, purchasing or through a donation from the State.
Article 135
Leasing land, whether al- Ushriyyah land or al al-Kharaajiyyah land, for agriculture is forbidden. Sharecropping of land planted with trees is permitted, and sharecropping on all other land is forbidden.
Leasing land, whether al- Ushriyyah land or al al-Kharaajiyyah land, for agriculture is forbidden. Sharecropping of land planted with trees is permitted, and sharecropping on all other land is forbidden.
Article 136
Every landlord is obliged to use his land; those who are needy are to be given a loan from the treasury (bayt ul-maal) 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.
Every landlord is obliged to use his land; those who are needy are to be given a loan from the treasury (bayt ul-maal) 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 137
The following three categories constitute public property:
The following three categories constitute public property:
a. Public
utilities, such as the town parks.
b. Vast mineral resources, like oil fields.
c. Things that, by their nature, preclude ownership by individuals, such as rivers.
b. Vast mineral resources, like oil fields.
c. Things that, by their nature, preclude ownership by individuals, such as rivers.
Article 138
Factories by their nature are private property. However, they follow the rule of the product manufactured within them. 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.
Factories by their nature are private property. However, they follow the rule of the product manufactured within them. 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 139
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.
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 140
Everybody in the State has the right to utilise public property, and the State has no right to allow any individual to conclusively possess, own or utilise a public property.
Everybody in the State has the right to utilise public property, and the State has no right to allow any individual to conclusively possess, own or utilise a public property.
Article 141
The State is allowed to protect parts of the uncultivated land or public property on behalf of any of the citizens' interests it manages.
The State is allowed to protect parts of the uncultivated land or public property on behalf of any of the citizens' interests it manages.
Article 142
Hoarding funds, even if zakaah is paid on it, is forbidden.
Hoarding funds, even if zakaah is paid on it, is forbidden.
Article 143
Zakaah is collected from Muslims on their properties that are specified by shara’, i.e. money, trading goods, cattle and grain. It is not taken from anything not specified by the shara’. Zakaah is taken from every owner whether legally responsible (mukallaf), i.e. mature and sane, or not, i.e. immature and insane. It is recorded in a specific account of the bayt ul-maal and is not to be spent except for one or more of the eight categories of people mentioned in the Glorious Qur’an.
Zakaah is collected from Muslims on their properties that are specified by shara’, i.e. money, trading goods, cattle and grain. It is not taken from anything not specified by the shara’. Zakaah is taken from every owner whether legally responsible (mukallaf), i.e. mature and sane, or not, i.e. immature and insane. It is recorded in a specific account of the bayt ul-maal and is not to be spent except for one or more of the eight categories of people mentioned in the Glorious Qur’an.
Article 144
Jizyah (head-tax) is collected from the non-Muslims (ZHimmis). 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.
Jizyah (head-tax) is collected from the non-Muslims (ZHimmis). 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 145
Kharaaj (land-tax) is collected on al-Kharaajiyyah land according to its potential production. However, in respect of al-Ushriyyah land zakaah is payable on it, on the basis of its actual production.
Kharaaj (land-tax) is collected on al-Kharaajiyyah land according to its potential production. However, in respect of al-Ushriyyah land zakaah is payable on it, on the basis of its actual production.
Article 146
The Muslims only pay the tax that shara’ has permitted to cover the expenditure of bayt ul-mal, on condition that it is levied on that which is surplus to the individual’s needs. The tax must be sufficient to cover the demands of the State.
The Muslims only pay the tax that shara’ has permitted to cover the expenditure of bayt ul-mal, on condition that it is levied on that which is surplus to the individual’s needs. The tax must be sufficient to cover the demands of the State.
Article 147
The State has the right to collect tax from the Ummah when the funds of bayt ul-maal are inadequate to cover the expenditure required to undertake all the functions the shara’ has obliged the Muslims to perform. The State is not allowed to impose a tax on the people for a function the shara’ 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 interest.
The State has the right to collect tax from the Ummah when the funds of bayt ul-maal are inadequate to cover the expenditure required to undertake all the functions the shara’ has obliged the Muslims to perform. The State is not allowed to impose a tax on the people for a function the shara’ 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 interest.
Article 148
The budget of the State has permanent sources decided by the AHkaam shar’iyyah. 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 ijtihaad.
The budget of the State has permanent sources decided by the AHkaam shar’iyyah. 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 ijtihaad.
Article 149
The permanent sources of income for bayt ul-maal are: spoils (fei`), jizyah, kharaaj, a fifth of the buried treasure (rikaaz) and zakaah. All these funds are collected, whether there is a need for them or not, on a perpetual basis.
The permanent sources of income for bayt ul-maal are: spoils (fei`), jizyah, kharaaj, a fifth of the buried treasure (rikaaz) and zakaah. All these funds are collected, whether there is a need for them or not, on a perpetual basis.
Article 150
If the revenues derived from the permanent sources of income for bayt ul-maal 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 ul-maal. These obliged expenses are the following:
If the revenues derived from the permanent sources of income for bayt ul-maal 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 ul-maal. These obliged expenses are the following:
a. The needs of
the poor, the needy, the wayfarers, 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 due on bait ul-maal, such as constructing roads, extracting water, erecting mosques, schools and hospitals.
d. Meeting emergencies, like natural disasters, famine, floods and earthquakes.
b. Remuneration of the salaries of the employees, the rulers and the provisions for the soldiers.
c. Providing benefits and public utilities due on bait ul-maal, such as constructing roads, extracting water, erecting mosques, schools and hospitals.
d. Meeting emergencies, like natural disasters, famine, floods and earthquakes.
Article 151
Customs levied at the state’s borders (thoghoor), are considered of the revenues that are recorded in bayt ul-maal. This is beside income derived from public and State property, people dying without heirs, properties of the apostates.
Customs levied at the state’s borders (thoghoor), are considered of the revenues that are recorded in bayt ul-maal. This is beside income derived from public and State property, people dying without heirs, properties of the apostates.
Article 152
The expenditure of bayt ul-maal is distributed among the following six categories of people as follows:
The expenditure of bayt ul-maal is distributed among the following six categories of people as follows:
a. The eight
categories of people entitled to partake of the zakaah funds.
b. The poor,
the needy, the wayfarers, the debtors and jihad are funded from the
permanent sources of revenues whenever there are insufficient funds in the zakaah
account. When there are inadequate funds from the permanent revenues, the
debtors are not to receive assistance. The poor, the needy, the wayfarers 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 ul-maal 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 ul-maal 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 ul-maal, 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 ul-maal; if there are insufficient funds available, loans are to be raised immediately, and will be repaid later from taxes.
c. Bayt ul-maal 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 ul-maal 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 ul-maal, 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 ul-maal; if there are insufficient funds available, loans are to be raised immediately, and will be repaid later from taxes.
Article 153
The State should provide employment for all subjects holding citizenship of the State.
The State should provide employment for all subjects holding citizenship of the State.
Article 154
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, reference has to be made to the employment contract according to the rules of the shara’.
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, reference has to be made to the employment contract according to the rules of the shara’.
Article 155
The salary is to be determined according to the benefit of the work, or the benefit of the employee, and not according to the knowledge or qualifications 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.
The salary is to be determined according to the benefit of the work, or the benefit of the employee, and not according to the knowledge or qualifications 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 156
The State is to guarantee the living expenses of the one who has no money, no work and no relatives responsible for his financial maintenance. The State is responsible for housing and maintaining the disabled and handicapped people.
The State is to guarantee the living expenses of the one who has no money, no work and no relatives responsible for his financial maintenance. The State is responsible for housing and maintaining the disabled and handicapped people.
Article 157
The State must endeavour to circulate wealth among all the subjects and forbids the circulation of wealth among only a sector of society.
The State must endeavour to circulate wealth among all the subjects and forbids the circulation of wealth among only a sector of society.
Article 158
The State tackles the task of enabling every subject to satisfy his luxuries (non-basic needs) and to achieve equilibrium in society in accordance with the funds available to her, in the following way:
The State tackles the task of enabling every subject to satisfy his luxuries (non-basic needs) and to achieve equilibrium in society in accordance with the funds available to her, in the following way:
a. The State
grants all its citizens liquid and fixed
assets from those owned by bayt ul-maal, 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 zakaah, and the war booty, 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 zakaah, and the war booty, etc.
Article 159
The State
supervises agricultural affairs and their products in accordance with the needs
of the agricultural policy, so as to achieve the potential of the land to its
greatest level of production.
Article 160
The State supervises the whole affairs of industry. It directly undertakes those industries included in the public property.
The State supervises the whole affairs of industry. It directly undertakes those industries included in the public property.
Article 161
Foreign trade is assessed on the basis of the citizenship of the trader and not the origin of the goods. Merchants from belligerent countries 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 treaties. Merchants who are subjects of the State are prevented from exporting any goods that the enemies could benefit of militarily, industrially or economically. However, they are not prevented from importing any property they own. Any country that we are in actual war with it and with its citizens (such asIsrael
Foreign trade is assessed on the basis of the citizenship of the trader and not the origin of the goods. Merchants from belligerent countries 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 treaties. Merchants who are subjects of the State are prevented from exporting any goods that the enemies could benefit of militarily, industrially or economically. However, they are not prevented from importing any property they own. Any country that we are in actual war with it and with its citizens (such as
Article 162
All individual subjects of the State have the right to establish research and development laboratories connected with all life’s affairs. The State should also establish such laboratories.
All individual subjects of the State have the right to establish research and development laboratories connected with all life’s affairs. The State should also establish such laboratories.
Article 163
Individuals are prevented from possessing laboratories producing materials that could harm the Ummah or the state.
Individuals are prevented from possessing laboratories producing materials that could harm the Ummah or the state.
Article 164
The State
provides free health care for all, but it does not prevent using private
medical care or the sale of medicine.
Article 165
The use of foreign capital and its investment within the State is forbidden. It is also prohibited to grant franchises to foreigners.
The use of foreign capital and its investment within the State is forbidden. It is also prohibited to grant franchises to foreigners.
Article 166
The State issues its own currency, which is independent of all foreign currencies.
The State issues its own currency, which is independent of all foreign currencies.
Article 167
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 of other than gold or silver provided that the treasury of the State (bayt ul-maal) 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.
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 of other than gold or silver provided that the treasury of the State (bayt ul-maal) 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 168
It is permissible to have exchange between the State currency and the currency of other states like the exchange between the state’s own coinage. It is permissible for the exchange rate between two currencies to differ 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. The exchange-rate can change or fluctuate without any restrictions as long as it is between two different currencies. 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 or the like.
It is permissible to have exchange between the State currency and the currency of other states like the exchange between the state’s own coinage. It is permissible for the exchange rate between two currencies to differ 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. The exchange-rate can change or fluctuate without any restrictions as long as it is between two different currencies. 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 or the like.
Article 169
It is
absolutely forbidden to open banks other than the State’s bank, which does not
deal with usury (riba, i.e. with interest), and it is considered one of the treasury (bayt ul-mal) departments. The
bank lends funds in accordance with the shar’ rules; and it facilitates the
financial and monetary transactions.
EDUCATION POLICY
Article 170
The Islamic creed constitutes the basis upon which the education policy is built. The syllabi and methods of teaching are designed to prevent any departure from this basis.
The Islamic creed constitutes the basis upon which the education policy is built. The syllabi and methods of teaching are designed to prevent any departure from this basis.
Article 171
The purpose of education policy is to form the Islamic personality in thought and behaviour. Therefore, all subjects in the curriculum must be chosen on the basis of this policy.
The purpose of education policy is to form the Islamic personality in thought and behaviour. Therefore, all subjects in the curriculum must be chosen on the basis of this policy.
Article 172
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 achieve this goal; any method that leads to other than this goal is prevented.
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 achieve this goal; any method that leads to other than this goal is prevented.
Article 173
The weekly
lessons of Islamic disciplines and Arabic language must be equal to the lessons
of all other sciences in terms of number and time.
Article 174
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 policy and goal of the education.
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 policy and goal of the education.
Article 175
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.
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 176
Arts and crafts 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 crafts are connected to culture and influenced by a particular viewpoint of life, such as painting and sculpting. If this viewpoint of life contradicts the Islamic viewpoint of life, these arts and crafts are not taken.
Arts and crafts 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 crafts are connected to culture and influenced by a particular viewpoint of life, such as painting and sculpting. If this viewpoint of life contradicts the Islamic viewpoint of life, these arts and crafts are not taken.
Article 177
The state’s curriculum is only one, and no curriculum other than that of the state is 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. Teaching in such schools should not be mixed between males and females, whether the students or the teachers; and they should not be specific for certain deen, maZHab, race or colour.
The state’s curriculum is only one, and no curriculum other than that of the state is 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. Teaching in such schools should not be mixed between males and females, whether the students or the teachers; and they should not be specific for certain deen, maZHab, race or colour.
Article 178
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 obligatory and provided freely 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.
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 obligatory and provided freely 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 179
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, Hadeeth and tafseer of Qur’an, thought, medicine, engineering and chemistry, inventions and discoveries etc. This is done to create an abundance of mujtahideen, outstanding scientists and inventors.
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, Hadeeth and tafseer of Qur’an, thought, medicine, engineering and chemistry, inventions and discoveries etc. This is done to create an abundance of mujtahideen, outstanding scientists and inventors.
Article 180
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.
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.
FOREIGN AFFAIRS
Article 181
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 exercises this politics practically and the nation accounts the State about it.
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 exercises this politics practically and the nation accounts the State about it.
Article 182
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 Ummah’s affairs. The Ummah and the parties should account the State about this foreign policy.
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 Ummah’s affairs. The Ummah and the parties should account the State about this foreign policy.
Article 183
Ends do not justify the means, because the method is integral to the thought. Thus, the duty (waajib) and the permitted (mubaaH) cannot be attained by performing a forbidden action (Haraam). Political means must not contradict the political method.
Ends do not justify the means, because the method is integral to the thought. Thus, the duty (waajib) and the permitted (mubaaH) cannot be attained by performing a forbidden action (Haraam). Political means must not contradict the political method.
Article 184
Political manoeuvres are necessary in foreign policy, and the effectiveness of these manoeuvres is dependent on concealing (your) aims and disclosing (your) acts.
Political manoeuvres are necessary in foreign policy, and the effectiveness of these manoeuvres is dependent on concealing (your) aims and disclosing (your) acts.
Article 185
Some of the most important political means are exposing of the crimes of other states, demonstrating the danger of erroneous politics, exposing harmful conspiracies and destroying misleading personalities.
Some of the most important political means are exposing of the crimes of other states, demonstrating the danger of erroneous politics, exposing harmful conspiracies and destroying misleading personalities.
Article 186
One of the most important political methods is the manifestation of the greatness of the Islamic thoughts in taking care of the affairs of individuals, nations and states.
One of the most important political methods is the manifestation of the greatness of the Islamic thoughts in taking care of the affairs of individuals, nations and states.
Article 187
The political cause of the Ummah is Islam, in the might of the State, the improvement of the implementation of its rules, and continuity in its call (da'wah) to humankind.
The political cause of the Ummah is Islam, in the might of the State, the improvement of the implementation of its rules, and continuity in its call (da'wah) to humankind.
Article 188
Conveying the Islamic da’wah is the core around which the foreign policy revolves, and upon which relations between the State and other states are built.
Conveying the Islamic da’wah is the core around which the foreign policy revolves, and upon which relations between the State and other states are built.
Article 189
The state’s relations with other states are built upon four considerations. These are:
The state’s relations 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. Relations 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.
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 relations with such states must be restricted to
specific items and specific characters that 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 towards them and it would be wrong to establish diplomatic relations with
them. Their subjects may enter the Islamic State only with a passport and a
visa specific to every individual and for every visit, unless such countries
became real belligerent countries
4. With states
that are actually belligerent states, like Israel, a state of war must be taken
as the basis for all measures and dealings 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.
Article 190
All military treaties and pacts, of whatever type, 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, and cultural and armistice treaties.
All military treaties and pacts, of whatever type, 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, and cultural and armistice treaties.
Article 191
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.
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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