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Khilafah
Islamic State World Government

A Challenge for a brave new world!

 

Find an article 

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