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Article
1 The Islamic creed (‘aqeedah)
constitutes the foundation of the State. Nothing
is permitted to exist in the government’s
structure, regime, accountability, or any other
aspect connected with the government, that does
not take the creed as its source. The creed
is also the source for the State’s constitution
and canons. Nothing connected to the constitution
or canons, is permitted to exist unless it emanates
from the Islamic creed.
Article 2 The domain of
Islam (Dar al-Islam) is that entity which applies
the rules of Islam in life’s affairs and
whose security is maintained by Muslims. The
domain of disbelief (Dar al-Kufr) is that entity
which applies the rules of kufr and whose security
is maintained by the kuffar.
Article 3 The Khaleefah
is empowered to adopt divine rules (Ahkam Shari‘ah)
as canons and articles within the constitution.
Once the Khaleefah has adopted a divine rule,
that rule, singularly, becomes the divine rule
that must be enacted and then implemented. Every
citizen must openly and secretly obey that adopted
rule.
Article 4 The Khaleefah
must not adopt divine rules pertaining to worship,
i.e., ibadat, except in connection with alms
(zakat) and war (jihad). Also, he is not permitted
to adopt any of the thoughts connected with
the Islamic creed.
Article 5 All citizens
of the Islamic State are entitled to enjoy the
divine rights and duties.
Article 6 All citizens
of the State shall be 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 Shari‘ah
matters and rules, such as: the application
of transactions, punishments and evidences
(at court), the system of ruling and economics
are implemented by the State upon everyone,
Muslim and non-Muslim alike.This includes
the people of treaties (mu’aahid), the
protected subjects (ahlu zimmah) and all who
submit to the sovereignty of Islam.
The implementation on these people is the
same as the implementation on the subjects
of the State. Ambassadors and envoys are treated
in their affairs according to the arrangements
agreed upon with their states.
Article 8 The Arabic language
is the language of Islam and the sole language
of the State.
Article 9 Ijtihad (personal
exertion to derive the Islamic rule) is fard
kifayah (a collective duty), the performance
of which is obligatory on the community as a
whole. If the duty is performed, the rest are
relieved from it and every Muslim has the right
to exercise ijtihad if he has acquired the necessary
conditions to perform it.
Article 10 There is no
such thing as a clergy in Islam as all Muslims
bear the responsibility for Islam. The State
will prevent anything that signifies the existence
of a clergy among Muslims.
Article 11 The primary
function of the State is the propagation of
the invitation (da’wah) to Islam.
Article 12 The only evidences
to be considered for the divine rules (Ahkam
Shari‘ah) are: the Qur’an, the Sunnah,
the consensus of the Companions (ijma’a
as-sahabah) and analogy (qiyas). Legislation
cannot be taken from any source other than these
evidences.
Article 13 Every individual
is innocent until proven guilty. No person shall
be punished without a court sentence. Torturing
is absolutely forbidden and whoever inflicts
torture on anyone shall be punished.
Article 14 All human actions
are in origin restricted by the divine rules
(Ahkam Shari‘ah), and no action shall be
undertaken until its rule (hukm) is known. Every
thing or object is permitted, i.e., halal, unless
there is an evidence of prohibition.
Article 15 Any means that
definitely leads to a prohibition (haram) is
itself haram.
THE RULING SYSTEM
Article 16 The ruling system
of the State is that of a unitary ruling system
and not a federation.
Article 17 Ruling is centralised
and administration is decentralised.
Article 18 There are four
positions of ruling in the State.
They are: 1. The Khaleefah 2.
The delegated assistant (mo’awin) 3. The
governor (wali) 4. The mayor (a’mil) All
other officials of the State are employees and
not rulers.
Article 19 Nobody is permitted
to take charge of ruling, or any action considered
to be of the nature of ruling, except a male
who is free, i.e., not a slave, trustworthy
(adil) and Muslim.
Article 20 Calling upon
the rulers to account for their actions is both
a right for the Muslims and a fard kifayah (collective
duty) upon them. Non-Muslim subjects have the
right to make known their complaints about the
rulers injustice and misapplication of the Islamic
rules upon them. 
Article 21 Muslims are
entitled to establish political parties to question
the rulers and to access the positions of ruling
through the nation (Ummah) on condition that
the parties are based on the creed of Islam
and their adopted rules are divine rules; the
establishment of such a party does not require
a license by the State. Any party not established
on the basis of Islam is prohibited.
Article 22 The ruling system
is founded upon four principles. They are: 1.
sovereignty belongs to the divine law (shar’a)
and not to the people; 2. authority belongs
to the people, i.e., the Ummah; 3. the appointment
of a Khaleefah into office is an obligation
upon all Muslims; 4. only the Khaleefah has
the right to adopt the Ahkam Shari‘ah and
thus he passes the constitution and the various
canons.
Article 23 The State system
is built upon eight pillars. They are: 1. the
Khaleefah 2. the delegated assistants 3. the
executive assistants 4. the Amir of jihad 5.
judges 6. governors of the provinces (Wilayat)
7. The administrative system 8. the consultative
assembly (Majlis ash-Shura)
THE KHALEEFAH
Article 24 The Khaleefah
is deputised by the nation with authority for
the enactment of the divine law.
Article 25 The Khilafah
is a contract of nomination and acceptance.
No-one is obliged to accept it and no-one is
obliged to nominate a particular person for
it.
Article 26 Every mature
male and female Muslim, who is sane, has the
right to participate in the election of the
Khaleefah and in giving him the pledge (bay’ah).
Non-Muslims have no right in this regard.
Article 27 Once the contract
of the Khilafah has been confirmed on a person
through the bay’ah from those who are qualified
to give it, the bay’ah of the remaining
people is a bay’ah of obedience and not
agreement. Consequently, those who may disobey
it are obliged to submit.
Article 28 Nobody can become
Khaleefah without being appointed by the Muslims.
Nobody can hold the authority of the Khilafah
unless it is acquired legitimately, as is the
case with any contract in Islam.
Article 29 Any state which
wishes to give the Khaleefah the bay’ah
of agreement must fulfil the following conditions
: a. the state must enjoy autonomy that is reliant
solely on Muslims, and not on any disbelieving
(kafir) state; b. the security of the Muslims
in the state, both internally and externally,
must be maintained by the security of Islam
and not kufr. The bay’ah of obedience -
as opposed to the bay’ah of agreement -
can be taken from any state without the need
to satisfy the aforementioned conditions.
Article 30 The individual
who is given the bay’ah for Khaleefah need
only fulfil the agreement conditions [listed
in Article 31]. He need not fulfil the preferred
conditions, because what is essential is the
conditions of agreement.
Article 31 There are six
conditions of agreement that are necessary for
an individual to become a Khaleefah. They are:
1. male 2. Muslim 3. free 4. mature 5. sane
and 6. just (adl).
Article 32 If the post
of the Khaleefah becomes vacant, due to death,
resignation or dismissal, the appointment of
a new Khaleefah must take place within three
days of the date when it became vacant.
Article 33 The Khaleefah
is to be appointed in the following manner:
a. The Muslim members of the Majlis ash-Shura
check and determine the number of candidates
to stand for election for the post of Khaleefah.
These names are subsequently announced and the
Muslims are asked to elect one person from this
list of candidates. b. The results of the election
are to be announced and the person who has attained
the majority of the votes is to be announced
to the Muslims. c. The Muslims must hasten to
give the bay’ah to the candidate - who
has attained the majority of votes - as a Khaleefah
to follow the Qur’an and the Sunnah of
the Messenger of Allah (saw). d. Once the bay’ah
has been accomplished, the name of the candidate
who has become the Khaleefah along with a statement
that he is qualified with all the agreement
conditions necessary for holding the office
of Khaleefah is announced to the people so that
the news of his appointment reaches the entire
Ummah.
Article 34 The Ummah appoints
the Khaleefah but is not empowered to dismiss
him after he has legitimately attained the bay’ah
of agreement.
Article 35 The Khaleefah
is the State. He possesses the following authority
within the State: 1. The Khaleefah establishes
the divine rules by his adoption and implementation
of them, and as such they become the legal canons
that must be obeyed and not transgressed. 2.
The Khaleefah is responsible for both the internal
and external policies of the State. He takes
charge of the leadership of the army and has
the right to declare war, conclude peace, armistice,
and treaties. 3. The Khaleefah has the authority
to accept and reject foreign ambassadors, and
to appoint and dismiss Muslim ambassadors. 4.
The Khaleefah appoints and dismisses the assistants
(mo’awin) and the governors (wula’a).
The assistants and governors are responsible
to the Khaleefah and Majlis ash-Shura. 5. The
Khaleefah appoints and dismisses the chief judge,
the directors of departments, the leaders of
the armed forces and the chief of staff; all
of whom are responsible to the Khaleefah and
not the Majlis ash-Shura. 6. The Khaleefah must
adopt the divine rules by which the State’s
budget is set. The Khaleefah has to decide on
its chapters and the funds required for every
field, whether they be related to revenue or
expenditure.
Article 36 The Khaleefah
is restricted in what he adopts by the divine
rules. He is forbidden to adopt any rule that
is not soundly deduced from the divine texts.
He is restricted to the rules he has adopted
and to the method for deducing the rule that
he has chosen. Accordingly, he is prevented
from adopting a rule deduced by a method that
contradicts the method he has adopted, and he
must not enact any command that contradicts
the rules he has adopted.
Article 37 The Khaleefah
has the absolute right to conduct the citizens
affairs according to his ijtihad, but he is
not allowed to disagree with a divine rule on
account of benefit. For example; he must not
prevent citizens from importing products on
the pretext of protecting the State’s industries;
he must not fix prices on the pretext of preventing
exploitation; and he must not force home owners
to lease their houses on the pretext of increasing
the supply of housing. The Khaleefah must not
forbid any halal thing or allow any haram thing.
Article 38 There is no
limitation on the Khaleefah’s period in
office, as long as he abides by the divine law,
implements its rules and is able to manage the
State’s affairs. If the Khaleefah’s
situation changes in such a way as to discharge
him from the office of Khilafah, he is to be
dismissed immediately.
Article 39 There are three
matters which, if they change, discharge the
Khaleefah from the office of Khilafah. They
are: 1. If one of the qualifying conditions
of the Khilafah agreement becomes void, such
as apostatising from Islam, insanity or manifest
sinfulness (fisq) etc., because these are the
conditions essential for the conferment of the
agreement and its continuity. 2. His inability
to undertake the responsibilities of the position
of Khaleefah for any reason. 3. In the event
of subdual, whereby the Khaleefah is rendered
unable to conduct the affairs of the Muslims
by his own opinions according to the divine
law. If the Khaleefah is subdued by any force
to an extent that he is unable to manage the
citizens affairs by his own opinion according
to the rules of the divine law, he is considered
to be legitimately incapable of undertaking
the duty for which he has been charged, and
hence is to be dismissed from the office of
Khilafah. This situation may arise under two
circumstances. They are: a. When one, or more,
of the Khaleefah’s entourage exerts control
over the management of affairs. If there is
a chance that the Khaleefah could rid himself
of their dominance he is given a warning for
a specified period of time, after which, if
he fails to rid himself of their dominance,
he must be dismissed. If it appears that there
is no chance of the Khaleefah freeing himself
from their dominance, he is to be dismissed
immediately. b. Should the Khaleefah be captured
by a subduing enemy, whether he is actually
captured or under its influence, the situation
is to be examined; if there is a chance to rescue
the Khaleefah, he is given a period of time
until it appears that there is no hope to rescue
him, after which he is dismissed. Should it
appear from the outset that there is no hope
of rescuing him, he is to be dismissed immediately.
Article 40 The responsibility
of deciding whether or not the Khaleefah’s
situation has altered in such a way as to warrant
his dismissal is the prerogative of the Court
for the Acts of Injustice (mahkumat ul-madhalim),
only it has the authority to admonish or dismiss
the Khaleefah.
DELEGATED ASSISTANTS
Article 41 The Khaleefah
appoints assistants delegated with the authority
to assist him in undertaking the responsibility
of ruling. He deputises them to manage affairs
with their own point of view and ijtihad.
Article 42 The delegated
assistants must be qualified with the same essential
qualifications of the Khaleefah, viz., male,
free, Muslim, sane and just. Additionally assistants
must be competent in the tasks for which they
are deputised to undertake.
Article 43 The appointment
of the delegated assistants must entail both
deputation and a general responsibility. Thus,
in the appointment of the assistants, the Khaleefah
must pronounce a statement to the effect of
‘I appoint you on my behalf as my deputy’
or any other statement that confers both deputation
and general responsibility. Unless the delegated
assistant is appointed in this manner he would
not hold the authority of a delegated assistant
and thus would not be a delegated assistant.
Article 44 The function
of the delegated assistant, to distinguish between
him and the Khaleefah in his authority, is to
inform the Khaleefah of the matters the delegated
assistant has managed and the appointments and
delegated duties he has implemented. Therefore,
the function of the delegated assistant is to
inform the Khaleefah of his analysis and, unless
the Khaleefah prevents him, to carry it out.
Article 45 The Khaleefah
has to examine the actions and disposals of
the delegated assistants so as to confirm what
is sound and to adjust that which is wrong,
because the management of the nations affairs
is entrusted to the Khaleefah and is the subject
of his own ijtihad.
Article 46 Once the delegated
assistant has managed a matter with the acquiescence
of the Khaleefah, he has the right to carry
it out - as acknowledged - without any alteration.
If the Khaleefah revises the matter and objects
to what the delegated assistant has executed,
the following considerations apply: If the Khaleefah
has objected to what the delegated assistant
has carried out in regard to a rule implemented
soundly, or a fund spent justly, then the view
of the delegated assistant must be enacted,
because it is the original view of the Khaleefah
and the Khaleefah must not redress laws that
he has implemented and funds that he has spent.
But if the delegated assistant has implemented
something else, such as the appointment of a
wali or the equipping of the army, then the
Khaleefah has the right to object and to overrule
the decision of the delegated assistant, because
the Khaleefah has the right to revise and redress
his own decisions in such cases and hence those
of the delegated assistant.
Article 47 Delegated assistants
have a general deputation and therefore must
not be assigned to specific departments or types
of action; they must undertake general supervision
of the administrative system and must not undertake
administrative matters. EXECUTIVE ASSISTANT
Article 48 The Khaleefah
has to appoint an executive assistant whose
function is executive and not ruling. His duty
is to execute the instructions of the Khaleefah
in both the internal and external affairs of
the State and to relay to the Khaleefah what
is received from these areas. This administration
office is a medium between the Khaleefah and
others, i.e., it executes instructions on his
behalf and conveys to him.
Article 49 The executive assistant
must be a Muslim because he is one of the Khaleefah’s
entourage.
Article 50 The executive assistant
is always in direct contact with the Khaleefah;
the same way the delegated assistants are. The
executive assistant is considered an assistant
but in execution instead of ruling.
AMIR OF JIHAD
Article 51 The directorates
of the Amir of jihad consist of four departments,
they are: 1. External affairs, 2. The military,
3. The internal security, and 4. Industry. The
Amir of jihad is the supervisor and director
of all four departments.
Article 52 The Department
of External Affairs directs the foreign affairs
connected with the relationship of the Khilafah
with foreign countries, whatever they may be.
Article 53 The Military
Department oversees all affairs connected with
the military forces, such as: the army, the
police, equipment, armament supplies, duties
etc. It also includes control of the military
academies, military missions, and everything
deemed necessary from the Islamic culture and
the culture of the army and whatever is related
to warfare and its preparation.
Article 54 The Department
of Internal Security oversees everything connected
with security by means of the military forces,
particularly the police.
Article 55 The Department
of Industry directs all affairs connected with
industry, including heavy industry, such as
the production of motors, engines and car bodies;
metallurgical industries, electronics and light
industry; and factories of private and public
ownership connected with the military industry.
All factories of whatever type should be established
on the basis of the military policy.
THE ARMY
Article 56 Jihad is a compulsory
duty (fard) on all Muslims. Military training
is therefore compulsory. Thus, every male Muslim,
fifteen years and over, is obliged to undergo
military training to prepare for jihad. Conscription,
however, is fard kifayah.
Article 57 The army is
divided into two: the regulars, who are paid
salaries from the State’s budget as employees,
and the reservists, who comprise all the Muslims
capable of fighting.
Article 58 The military
forces are one power which is the army from
which certain divisions are selected and organised
in a particular way and provided with a certain
culture, these are called policemen.
Article 59 The police are
authorised to protect public order, supervise
internal security and to perform all the executive
duties.
Article 60 The army possesses
flags and banners; the Khaleefah gives the flag
to whomever he appoints as a leader of the army,
the banners are introduced by the brigadiers.
Article 61 The Khaleefah
is the leader of the army, he appoints the commander-in-chief,
a general for each brigade and a commander for
each division. The Brigadiers and commanders
appoint the remaining ranks of the army. Members
of the general staff are appointed according
to their military culture, and are appointed
by the general chief of staff.
Article 62 The army comprises
one army located in specific camps. Some of
these camps must be located in different provinces
(wilayat) and strategic locations, and some
must remain permanently mobile fighting forces.
The camps are organised in numerous groups,
each one of which is given a number to accompany
its name, such as the first army, the third
army or can be named after a province (wilayat)
or district (‘imala).
Article 63 It is necessary
to provide the army with the highest possible
level of military education and to elevate its
intellectual level as far as possible, and to
provide every member in the army with the Islamic
culture that enables him to have a general awareness
of Islam.
Article 64 Each camp should
have a sufficient number of officers of the
general staff who have attained the highest
level of military knowledge and experience in
devising plans and directing battles. The army
as a whole should have as many officers of the
general staff as possible.
Article 65 It is necessary
to provide the army with all the required armaments,
supplies and equipment so as to fulfil its duty
as an Islamic army.
THE JUDICIAL SYSTEM
Article 66 Judgement constitutes
the obligatory pronouncement of the divine rule.
It settles the disputes among people, prevents
that which harms the community’s rights
and eliminates the disputes arising between
people and members of the ruling system - rulers
and employees - including the Khaleefah and
those of lesser rank.
Article 67 The Khaleefah
is to appoint a chief judge authorised to appoint,
discipline, and dismiss judges within the regulations
of the administration. The chief judge must
be a mature Muslim male who is sane, just and
a jurist. The remaining employees of the courts
come under the domain of the directorate that
administers the court affairs.
Article 68 There are three
types of judges. They are: 1. The judge who
settles the disputes among people in transactions
and punishments; 2. The muhtasib who judges
upon violations of the community’s rights;
and 3. The judge of the Court for the Unjust
Acts (mahkamat ul-madhalim) who settles disputes
between people and officials of the State.
Article 69 All judges must
be qualified by being Muslim, mature, free,
sane, just, and a jurist being aware of how
to apply rules in a situation. Judges of the
Court for the Unjust Acts must additionally
be qualified with being male and a mujtahid,
i.e., a person capable of making ijtihad.
Article 70 The judge and
the muhtasib may be given a general appointment
to pronounce judgement on all problems throughout
the State, or alternatively they can be given
an appointment to a particular location and
to give judgement on particular cases. On the
other hand, the judge of the Court for the Unjust
Acts must be given a general appointment to
pronounce judgement on all problems, but in
terms of location he may be appointed to a particular
location or all over the State.
Article 71 The courts should
be comprised of only one judge who has the authority
to pronounce judgement. But one or more judges
are permitted to accompany him with only the
authority of advising and assisting. They have
no authority to pronounce judgement and their
opinion is not binding on the judge who has
the sole authority to give judgement.
Article 72 The judge cannot
pronounce judgement except in a court session.
Evidence and oaths are not considered except
in a court session as well.
Article 73 It is permissible
to vary the grades of courts in respect to the
type of cases. Some judges may thus be assigned
to certain cases of particular grades, and other
courts authorised to judge the other cases.
Article 74 There are no
courts of appeal or annulment, because all judgements
are of equal standing. Thus, when the judge
has pronounced the verdict it becomes effective
and no other judge’s decision can overturn
it.
Article 75 The muhtasib
is the judge who investigates all cases, in
the absence of an individual litigation, involving
the rights of the public that are non-criminal
and not involving the hudud (i.e., the punishments.)
Article 76 The muhtasib
has the authority to judge upon violations,
wherever the location. He acquires knowledge
of these violations without the need to hold
a court session. A number of policemen are put
at the muhtasib’s disposal to carry out
his orders and to execute his judgements immediately.
Article 77 The muhtasib
has the right to appoint deputies to himself,
that possess the same qualifications as the
muhtasib, and to assign them to various locations
where they practice with the same authority
as the muhtasib in the location in the cases
assigned to them.
Article 78 The judge of
the Court for the Unjust Acts is appointed to
remove all unjust acts, committed by the Khaleefah,
governor(s), or any official of the State, that
have been inflicted upon anyone - whether that
person is a citizen or not - living in the domain
of the State.
Article 79 Judges in the
Court for the Act of Injustice are appointed
by the Khaleefah and the chief judge. However,
neither the Khaleefah nor the chief judge has
the right to dismiss them. Their performance
is controlled by the Court for the Unjust Acts
and it alone is responsible for taking them
to task.
Article 80 There is no
limit on the number of judges that can be appointed
to the Court for the Unjust Acts. The Khaleefah
can appoint as many as he may deem necessary
to eradicate the unjust acts. Although it is
permitted for more than one judge to sit in
a court session, only one judge has the authority
to pronounce a judgement. The other judges only
assist and provide advice, and their advice
is not binding on the judge authorised to pronounce
the judgement.
Article 81 The Court for
the Unjust Acts has the authority to dismiss
any ruler, governor and official of the State,
including the Khaleefah.
Article 82 The Court for
the Unjust Acts has the authority to investigate
any case of iniquity, whether it be connected
with officials of the State, the Khaleefah’s
deviation from the divine rules, interpretation
of the legislative texts in the constitution,
canons and divine rules within the framework
adopted by the Khaleefah, the imposition of
a tax, etc.
Article 83 The judicature
of the Unjust Acts is not restricted by a court
session or the request of the defendant or the
presence of the plaintiff. It has the authority
to look into any case of injustice even if there
is no plaintiff.
Article 84 Everyone, both
defendant and plaintiff, has the right to appoint
a proxy, whether male or female, Muslim or not,
to act on his/her behalf. There is no distinction
between him/her and the proxy. The proxy has
the right to be appointed on a salary according
to the terms agreed upon between the person
and his or her proxy.
Article 85 It is permitted
for the one who holds office, such as the Khaleefah,
wali, official, muhtasib and judge of the Court
for the Unjust Acts, or persons who have been
vested with a specific responsibility, like
a custodian or guardian, to appoint a person
to his position as a proxy - within the bounds
of his authority - for the purpose of appearing
on his/her behalf as the plaintiff or defendant,
and for no other reason.
THE GOVERNORS OF THE PROVINCES
(WUL’AA)
Article 86 The territories
governed by the State are divided into units
called provinces (wilayat). Each wilayat is
divided into units called districts (‘imalat).
The person who governs the wilayat is called
the wali or Amir, and the person who governs
the ‘imalat is called the ‘amil.
Article 87 The walis and
the ‘amils are appointed by the Khaleefah.
The wali can, if authorised, also appoint the
‘amils. The walis and ‘amils must
possess the same qualifications as the Khaleefah,
i.e., Muslim, male, free, sane, just and competent
in their responsibilities. They are to be selected
from the people of piety (taqwa) and strength.
Article 88 The wali has
the authority to govern and supervise the performance
of the departments in his province in his capacity
as the deputy of the Khaleefah. He has the same
authority in the province as the delegate assistant
has in the Khilafah State. He has command over
the people of his province and control over
all affairs except finance, the judiciary and
the army. He has command over the police in
respect of conduct, but not in administration.
Article 89 The wali is
not obliged to inform the Khaleefah of what
he has carried out within his authorised command,
but if a new problem arises, he has to wait
until he has informed the Khaleefah about it,
and then proceeds according to the instructions
of the Khaleefah. If, as a result of waiting,
the problem would be exacerbated, he must act
first and then inform the Khaleefah later on
about the reason for not informing him.
Article 90 Every province
has an assembly elected from its people, and
headed by the wali. The assembly has the authority
to participate in expressing opinions on administrative
matters and not ruling; their opinions are not
binding.
Article 91 The wali’s
term of office in a particular province is not
to be long. He must be discharged whenever he
becomes powerful in his province and/or the
people become enchanted with him.
Article 92 The wali’s
appointment is a general responsibility in a
defined location. Consequently, the wali is
not moved from one province to another. He has
to be discharged first and then reappointed.
Article 93 The wali can
be discharged if the Khaleefah decides so, or
if the majlis as-shura expresses dissatisfaction
with him - whether justified or not - or if
the majority of the people of the province appear
displeased with him. However, the wali can only
be dismissed by the Khaleefah.
Article 94 The Khaleefah
must exercise strict control over the walis
and continually assess their performance. He
must deputise people to monitor them and periodically
gather such people, all or some, and listen
to their complaints about the walis.
THE ADMINISTRATIVE
SYSTEM
Article 95 The management
of the government’s affairs and the interests
of the people is performed by, and the responsibility
of, administrations, directorates and departments.
Article 96 The administrations,
directorates and departments are built upon
the principles of: efficiency of the system,
speed in carrying out the tasks and competence
in those who are in charge of them.
Article 97 Any subject
of the State, male or female, Muslim or not,
who is suitably competent may be appointed as
the head or official of any administration,
directorate or department.
Article 98 Every administration
must have a general manager and every directorate
and department must have a special director
responsible for them. All directors are responsible
to the general manager for their administrations,
directorates and departments. In respect to
conforming to the laws and public orders, they
are responsible to the Khaleefah, wali and ‘amil.
Article 99 The managers
and directors of all the administrations, directorates
and departments are to be dismissed only for
reasons connected with administrative regulations.
It is permitted to move them from one post to
another and to suspend them. The general manager
of each administration, directorate or department
is responsible for the appointing, dismissing,
transferring, suspending and disciplining.
Article 100 Employees,
other than the directors and the managers, are
appointed, transferred, suspended, questioned,
disciplined or dismissed by the general manager
of their administration, directorate or department.
THE CONSULTATIVE ASSEMBLY
(Majlis ash-Shura)
Article 101 The membership
of the Majlis ash-Shura consists of those people
who represent the Muslims in respect of expressing
their views to the Khaleefah when consulted.
Non-Muslims are allowed to be members of the
Majlis as-Shura so that they can voice their
complaints in respect to unjust acts performed
by the rulers and/or the misapplication of the
Islamic laws.
Article 102 The members
of the Majlis ash-Shura are elected by the people.
Article 103 Every citizen
of the State has the right to become a member
of the Majlis as-Shura, provided he or she is
both mature and sane. This applies to Muslim
and non-Muslim. However, membership to non-Muslims
is confined to their voicing of complaints in
respect to unjust acts performed by the rulers
and/or the misapplication of Islam upon them.
Article 104 Consultation
(Shura) constitutes the seeking of views, while
the mashura constitutes the seeking of binding
views. Matters of legislation, definitions,
expertise, science and technology are not to
be considered mashurah; all other matters are
considered mashurah.
Article 105 All citizens,
Muslim or not, may express their views, but
shura is a right for the Muslims only.
Article 106 All issues
that fall under the category of mashura are
decided on the basis of the majority opinion,
irrespective of whether it is considered to
be correct or not. In all other matters of shura,
the correct opinion is sought, whether it is
a majority or minority held view.
Article 107 The Majlis
ash-Shura is charged with four duties. They
are:
1a. To arrive at the binding
view of the Majlis on matters that are considered
mashura, such as: affairs of ruling, education,
health, and the economy. In all other matters,
such as: foreign policy, finance and the army,
which are not considered mashura, the opinion
of the Majlis ash-Shura is not necessarily sought.
1b. To question the government
on all actions it actually carried out, whether
they be internal or external affairs, financial
or military. In matters where the majority view
decides, the majority view is binding. Where
the majority view is not sought, the viewpoint
is not binding. In the event of the Majlis ash-Shura
and the rulers disagreeing on an action from
the view point of the Shari‘ah, the verdict
of the Mahkamat ul-Madhalim is to decide.
2. To express dissatisfaction
with the governors and assistants, and in this
matter the view of the Majlis is binding and
the Khaleefah must discharge them at once.
3. To discuss and express
opinion on the rules, the constitution and canons,
that the Khaleefah intends to adopt and which
he has presented to the Majlis. The views of
the Majlis are not binding in this matter, though
they have the right to express their views;
non-Muslims have no such right.
4. To select the list of
candidates to stand for the position of Khaleefah;
no candidate excluded from this list may stand
and the decision of the Majlis is binding. Only
Muslim members of the majlis may participate
in drawing up this list.
THE SOCIAL SYSTEM
Article 108 The primary
role of a woman is that of a mother and wife.
She is an honour that must be protected.
Article 109 Men and women
are basically to be segregated from each other,
and they should not mix together except for
a requirement permitted by the shar’a,
such as buying and selling, or for a purpose
which the shar’a allows mixing, like the
pilgrimage.
Article 110 Women have
the same rights and obligations as men, except
for those specified by the Shari‘ah evidence
to be for man. Thus, she has the right to: practice
in trading, farming, and industry; to partake
in contracts and transactions; to possess all
manners of property; to invest her funds by
herself (or by others); and to conduct all of
life’s affairs by herself.
Article 111 A woman can
participate in the election and giving of the
bay’ah to the Khaleefah, and elect, and
also be, a member of the Majlis ash-Shura, and
can be appointed as an official of the State
in a non-ruling position. This includes the
position of a judge, but not in Mahkamat ul-Madhalim.
Article 112 Women are not
allowed to take charge of ruling, thus women
cannot hold the positions of Khaleefah, wali,
‘amil, a judge of the Mahkamat ul Madhalim,
and is prevented from practising any of the
actions of ruling.
Article 113 Women live
within a public and private life. Within their
public life, they are allowed to live with other
women, maharem males [males forbidden to them
in marriage] and men they can marry on condition
that nothing of the women’s body is revealed,
apart from her face and hands, and that the
clothing is not revealing nor her charms displayed.
Article 114 Women are forbidden
to be in private with any men they can marry,
they are also forbidden to display their charms
or to reveal their body in front of men they
can marry.
Article 115 Men and women
must not practice any immoral action or anything
which causes corruption within society that
may stem from the Shari‘ah rules, such
as employing a female or male air host(ess),
waiter or barber merely to take advantage of
their sex.
Article 116 Marital life
is one of tranquillity and companionship. The
responsibility of the husband on behalf of his
wife is one of taking care, and not ruling her.
She is obliged to obey her husband and he is
obliged to meet the costs of her livelihood
according to the seemly standard of living.
Article 117 The married
couple must assist each other in performing
the household duties, with the husband performing
all the actions normally undertaken outside
of the house, and the woman performing those
actions normally undertaken inside the house
as best as she can. The husband should provide
home-help as required to assist with the household
tasks she cannot manage herself.
Article 118 The custody
of children is both a right and duty of the
mother, whether Muslim or not, so long as the
child is in need of this care. When children,
girls or boys, are no longer in need of care,
they are to choose which parent they wish to
live with, this applies if both parents are
Muslim. If one of the parents or guardians is
Muslim, there is no choice in the matter, the
child is to join the Muslim.
THE ECONOMIC
SYSTEM
Article 119 Economic policy
is the view of what the society ought to be
when addressing the satisfaction of its needs,
so what the society ought to be is taken as
the basis for satisfying the needs.
Article 120 The fundamental
economic question is how to distribute funds
and benefits to all subjects of the State, and
to facilitate all the subjects to utilise these
funds and benefits by enabling them to strive
and possess them.
Article 121 Every individual
must have his basic needs provided for completely
by the State, and it must facilitate to the
highest possible level the consumption of non-basic
needs.
Article 122 Allah is alone
the owner of property and He has gifted it to
human beings. By this general donation mankind
has acquired the right to possess property.
As a consequence of Allah’s (swt) permission
for the individual to possess property, man
has the actual possession.
Article 123 There are three
types of property, they are: private property,
public property, and State property.
Article 124 Private property
is a divine rule determined by the substance
of the property or the benefit from it. As a
result of this possession, the person who possesses
it obtains a benefit from it or receives a price
for it.
Article 125 Public property
is the shar’a permission for the community
to participate in obtaining benefit from the
property.
Article 126 State property
comprises all property whose expenditure is
determined solely by the view of the Khaleefah
and his ijtihad, such as: the funds of taxes,
land tax (kharaj) and head tax (jizya).
Article 127 Private property
consisting of liquid and fixed assets is restricted
by the following divine causes: a. Work b. Inheritance
c. Acquisition of property to survive d. A donation
from State funds to a citizen e. Funds obtained
by individuals not by effort or through purchase.
Article 128 The disposal
of property is restricted by the permission
of the Legislator, i.e., Allah, (swt) whether
it is spending or investing of property. Squandering,
extravagance and miserliness are forbidden.
Also forbidden are the Capitalist companies,
co-operatives, all other illegal transactions,
usury (riba), fraud, monopolies, gambling and
the like.
Article 129 Tithed land
(al ushriah) constitutes land within the Arabian
peninsula and land whose owners had embraced
Islam, whilst possessing the land, before the
Islamic State encountered them by jihad. Tax
land (al kharajiah) is all land, other than
the Arabian peninsula, which was opened by jihad,
i.e., war or reconciliation. Al ushriah -land,
together with its benefits, is owned by individuals.
Al kharajiah land is owned by the State, and
individuals own its benefits. Everyone has the
right to exchange, through shar’a contracts,
tithed land and the benefits from tax land.
All people can inherit these, the same as with
other properties.
Article 130 Uncultivated
land is acquired by giving life to the land,
i.e., irrigating it, or by protecting it, i.e.,
erecting fencing. Cultivated land can only be
acquired by way of shar’a causes, such
as: inheritance, pur | 
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