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