Draft Constitution by Hizb ut-Tahrir
Islamic ‘Aqeedah constitutes the foundation of the State. Nothing is
permitted to exist in the government’s structure, accountability, or any other
aspect connected with the government, that does not take the ‘Aqeedah as
its source. The ‘Aqeedah is also the source for the State’s constitution
and shar’i canons. Nothing connected to the constitution or canons is
permitted to exist unless it emanates from the Islamic ‘Aqeedah.
domain of Islam (Daar ul-Islam) is
that entity which applies the rules of Islam in life’s affairs and whose
security do Muslims maintain. The domain of disbelief (Daar ul-Kufr) is that entity which
applies the rules of kufr and whose
security is maintained by the kuffaar
Khaleefah is empowered to adopt divine rules (aHkaam shar’iyyah) enacted as
constitution and canons. Once the Khaleefah has adopted a divine rule,
that rule alone becomes the divine rule that must be enacted and then
implemented. Every citizen must openly and secretly obey that adopted rule.
Khaleefah does not adopt divine rules pertaining to worship, i.e. ibadaat, except in connection with alms
(zakaah) and war (jihaad). Also, he does not adopt any of
the thoughts connected with the Islamic ‘Aqeedah.
citizens of the Islamic State are entitled to enjoy the divine rights and
citizens of the State shall be treated equally regardless of religion, race,
colour or any other matter. The State is forbidden to discriminate among its
citizens in all matters, be it ruling or judicial, or caring of affairs.
State implements the aHkaam shar’iyyah on all citizens who
hold citizenship of the Islamic State, whether Muslims or not, in the following
The aHkaam shar’iyyah is implemented in its
entirety, without exception, on all Muslims.
Non-Muslims are allowed to follow their own beliefs and worships.
Those who are guilty of apostasy (murtadd) from Islam are to be executed
according to the rule of apostasy, provided they have by themselves renounced
Islam. If they are born as non-Muslims, i.e., if they are the sons of apostates,
then they are treated as non-Muslims according to their status as being either
polytheists (mushriks) or People of
In matters of food and clothing the non-Muslims are treated according
to their religions within the limits allowed by aHkam Shara’iah.
Marital affairs (including divorce) among non-Muslims are settled in
accordance with their religions, but between non-Muslims and Muslims they are
settled according to the aHkaam shar’iyyah.
All the remaining shar’i matters and rules, such as: the
application of transactions, punishments and evidences (at court), the system of
ruling and economics are implemented by the State upon everyone, Muslim and
non-Muslim alike. This includes the people of treaties (mu’aahid), the protected subjects (ahludh dhimmah) and all who submit to
the authority of Islam. The implementation on these people is the same as the
implementation on the subjects of the State. Ambassadors and envoys enjoy
is the language of Islam and the sole language of the State.
Ijtihaad (personal exertion to
derive the Islamic rule) is farD
kifaayah (a collective duty). Every Muslim has the right to exercise
ijtihaad if he has acquired
the necessary conditions to perform it.
is no such thing as a clergy in Islam as all Muslims bear the responsibility for
Islam. The State will prevent anything that indicates the existence of a clergy
primary function of the State is the propagation of the invitation (da’wah) to Islam.
only evidences to be considered for the divine rules (aHkaam shar’iyyah) are: the Qur’an, the
Sunnah, the consensus of the Companions (ijmaa’ us-SaHaabah) and analogy (qiyaas). Legislation cannot be taken
from any source other than these evidences.
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.
human actions are, in origin, restricted by the divine rules (aHkaam shar’iyyah), and no action shall
be undertaken until its rule (Hukm)
is known. Every thing or object is permitted, i.e., Halaal, unless there is an evidence of
means that most likely leads to a prohibition (Haraam) is itself Haraam. However if it was (only) feared
that it may lead to a prohibition, then it would not be Haraam.
ruling system of the State is that of a unitary ruling system and not a
is centralised and administration is de-centralised.
are four positions of ruling in the State. They are: The Khaleefah , the
delegated assistant (mu’aawin
ut-tafweeD), the governor (wali),
the provincial mayor (‘aamil). All
other officials of the State are employees and not rulers.
is permitted to take charge of ruling, or any action considered to be of the
nature of ruling, except a male who is free (Hurr), i.e. not a slave,
mature (baaligh), sane (‘aaqil), trustworthy (‘adl),
competent; and he must not be save a muslim.
upon the rulers to account for their actions is both a right for the Muslims and
a farD kifaayah (collective duty)
upon them. Non-Muslim subjects have the right to make known their complaints
about the rulers’ injustice and misapplication of the Islamic rules upon them.
are entitled to establish political parties to question the rulers and to access
the positions of ruling through the Ummah on condition that the parties are
based on the ‘Aqeedah of Islam and their adopted rules are aHkaam shar’iyyah; the establishment of
such a party does not require a license by the State. Any party not established
on the basis of Islam is prohibited.
ruling system is founded upon four principles. They are:
Sovereignty belongs to the divine law (shara’) and not to the
Authority belongs to the people, i.e., the
The appointment of one Khaleefah into office is an obligation
upon all Muslims.
Only the Khaleefah has the right to adopt the aHkaam shar’iyyah and thus he passes the
constitution and the various canons.
systems are made up of eight institutions. They are:
The delegated assistant (mu’aawin
The executing assistants (mu’aawin
Amir of jihad (Ameerul jihad).
The state departments (maSaaliH
The council of the Ummah (majlis
Khaleefah is deputised by the Ummah with authority to implement 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.
mature male and female Muslim, who is sane, has the right to participate in the
election of the Khaleefah and in giving him the pledge (ba’iah). Non-Muslims have no right in
the contract of the Khilafah has been concluded on a person through the ba’iah of those by whom the
ba’iah is legitimately concluded, the ba’iah of the remaining people is a
ba’iah of obedience and not contract. Consequently, those who might
disobey or rebel are obliged to give ba’iah.
can become Khaleefah without being appointed by the Muslims. Nobody can
hold the power of the Khilafah unless it is convened to him legitimately,
as is the case with any contract in Islam.
country that wishes to give the Khaleefah the ba’iah of contract, her sulTaan
(authority) must be self-acting that depends on Muslims only and not on any
kaafir state. The security of the Muslims in that country, both
internally and externally, must be maintained by the security of Islam and not
the ba’iah of obedience only, it can
be taken from any other country without such conditions.
individual who is given the ba’iah
for Khilafah need only to fulfill the contracting conditions, even if he
did not fulfil the preferable conditions, because what is essential is the
conditions of contracting.
are seven conditions needed in the Khaleefah so that the Khilafah
can be contracted to him. They are to be a male, Muslim, free (Hurr),
mature (baaligh), sane (‘aaqil), trustworthy (‘adl) and
post of the Khaleefah becomes vacant, due to death, resignation or
dismissal, the appointment of a new Khaleefah must take place within
three days, which includes the nights from the date when it became vacant.
Khaleefah is to be appointed in the following manner:
The Muslim members of the Majlis ul-Ummah short-list the
candidates for that post. Their names are subsequently announced and the Muslims
are asked to elect one person from them.
The result of the election is announced and the person who has
attained the majority of the votes is to be announced to the
The Muslims must hasten to give ba’iah to the one who has attained the
majority of votes as a Khaleefah for Muslims on the condition of
following the Qur’an and the Sunnah of the Messenger (saw).
Once the ba’iah has been
accomplished, the name of the man who has become the Khaleefah along with
a statement that he has met the conditions necessary for holding the office of
Khilafah is announced to the people so that the news of his appointment
reaches the entire Ummah.
Ummah has the authority to appoint the Khaleefah but she has no right to
dismiss him after he has legitimately attained the ba’iah of contracting.
Khaleefah is the State. He possesses all the powers and function of the
State; he possesses the following powers:
The Khaleefah implements the aHkaam shar’iyyah, once he
adopted them, into law, and as such they become canons that must be obeyed and
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.
The Khaleefah has the authority to accept and reject foreign
ambassadors, and to appoint and dismiss Muslim ambassadors.
The Khaleefah appoints and dismisses the assistants
(mu’aawineen) and the governors (wulaah). The assistants and governors
are responsible to the Khaleefah as well as to the Majlis al-Ummah.
The Khaleefah appoints and dismisses the chief judge, the
directors of departments, the heads of the armed forces and the generals; all of
whom are responsible to the Khaleefah and not to the Majlis al-Ummah.
The Khaleefah adopts the aHkaam shar’iyyah by which the
State’s budget is set. The Khaleefah decides its sections and the funds
required for every field, whether they are related to revenue or expenditure.
Khaleefah is restricted in what he adopts by the aHkaam shar’iyyah.
He is forbidden to adopt any rule that is not soundly deduced from the
divine texts. He is restricted to the rules he has adopted and to the method for
deduction that he has chosen. Accordingly, he is prevented from adopting a rule
deduced by a method that contradicts the method he has adopted, and he must not
enact any command that contradicts the rules he has adopted.
Khaleefah has the absolute right to conduct the citizens affairs
according to his ijtihaad, so he has
the right to adopt of the mubaaH matters anything he wants to run the
State affairs and to look after the affairs of the citizens. However, he is not
allowed to disagree with a Hukm shar’i under the name of interest. For
example; he cannot prevent a family from having more than one child under the
pretext of the shortage in food. Nor can he fix prices on the pretext of
preventing exploitation; or appoint a kaafir or a woman as a waali
on the pretext of caring for affairs or the interest, nor anything that
disagrees with sharee’ah rules. The Khaleefah must not forbid any
Halaal thing or allow any Haraam thing.
is no limitation on the Khaleefah’s period in office. So as long as he
abides by the shara’, implements its rules and is able to manage the
State’s affairs, he continues as a Khaleefah unless his situation changes
in such a way as to discharge him from the office of Khilafah. He is to
be dismissed immediately, once such a situation occurred.
are three matters by which the situation of the Khaleefah changes, and by
such he is discharged from the office of Khilafah. They are:
If one of the qualifying conditions of the Khilafah contract
becomes void, such as apostatising from Islam, insanity or manifest sinfulness
(fisq) and the like. This is because these are conditions for
contracting the Khilafah and for its continuity.
His inability to undertake the responsibilities of the
Khilafah post, for any reason.
In the event of sub-dual, whereby the Khaleefah is rendered
unable to conduct the affairs of the Muslims by his own opinion according to the
shara’. If the Khaleefah is subdued by any force to an extent that
he is unable to manage the citizens affairs by his own opinion alone according
to the rules of shara’, he is considered to be legitimately incapable of
undertaking the functions of the state, and thus he ceases to be a
Khaleefah. This situation may arise under two circumstances. They are:
one, or more of the Khaleefah’s entourage exerts control over the
management of affairs. If there is a chance that the Khaleefah could rid
himself of their dominance he is cautioned for a specified period of time, after
which, if he fails to rid himself of their dominance, he must be dismissed. If
it appears that there is no chance of the Khaleefah freeing himself from
their dominance, he is to be dismissed immediately.
the Khaleefah be captured by a subduing enemy, whether he is actually
captured or under its influence. In this case the situation is to be examined;
if there is a chance to rescue the Khaleefah, he is given a period of
time until it appears that there is no hope to rescue him, after which he is
dismissed. Should it appear from the outset that there is no hope of rescuing
him, he is to be dismissed immediately.
responsibility of deciding whether or not the Khaleefah’s situation has
altered in such a way as to warrant his dismissal is the prerogative of the
Court for the Acts of Injustice (maHkamat
al-maZaalim). It alone has the authority to admonish or dismiss the
ASSISTANT (Mu’aawin ut-tafweeD)
Khaleefah appoints an assistant delegated with the authority to assist
him in undertaking the responsibility of ruling. He deputises to him to manage
affairs with his own point of view and ijtihaad.
The Mu’aawin ut-tafweeD must be qualified
with the same essential qualifications of the Khaleefah, i.e. that he
should be male, free, Muslim mature, sane, and ‘adl (trustworthy).
Additionally he must be competent in the tasks for which he is deputised to
appointment of the Mu’aawin
ut-tafweeD must entail both deputation and a general responsibility. Thus,
in the appointment of the assistant, the Khaleefah must pronounce a statement to
the effect of “I appoint you on my behalf
as my deputy” or any other statement that confers both deputation and
general responsibility. Unless the Mu’aawin ut-tafweeD is appointed in this
manner he would not be a Mu’aawin
ut-tafweeD nor hold the authority of a delegated assistant.
function of the delegated assistant, so as to distinguish between him and the
Khaleefah in his authority, is to inform the Khaleefah of the
matters he has managed and the appointments and delegated duties he has
implemented. Therefore, the function of the Mu’aawin ut-tafweeD is to inform the
Khaleefah of his analysis and, unless the Khaleefah prevents him,
to carry it out.
Khaleefah has to examine the actions and dispositions of the Mu’aawin ut-tafweeD so as to confirm
what is sound and to adjust that, which is wrong. This is because the management
of the Ummah’s affairs is entrusted to the Khaleefah and subject to his
the Mu’aawin ut-tafweeD has managed a
matter with the agreement of the Khaleefah, he has the right to carry it
out - as acknowledged - without any alteration. If the Khaleefah revises
the matter and objects to what the Mu’aawin ut-tafweeD has executed, the
following considerations apply: If the Khaleefah has objected to what the
Mu’aawin ut-tafweeD has carried out
in regard to a rule implemented soundly, or a fund spent justly, then the view
of the Mu’aawin ut-tafweeD must be
enacted. This is because it is originally the view of the Khaleefah and
the Khaleefah must not redress laws that he has implemented and funds
that he has spent. However if the Mu’aawin ut-tafweeD has implemented
something else, such as the appointment of a waali or the equipping of
the army, then the Khaleefah has the right to object and to overrule the
decision of the Mu’aawin ut-tafweeD.
This is because the Khaleefah has the right to redress his own decisions
in such cases and hence those of the Mu’aawin ut-tafweeD.
The Mu’aawin ut-tafweeD has a general
deputation and therefore he must not be assigned to specific departments or
specific types of action. He undertakes general supervision of the
administrative system but does not undertakes administrative matters.
ASSISTANT (Mu’aawin ut-tanfeedh)
Khaleefah appoints a Mu’aawin
ut-tanfeeD whose function is administrative 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
hand over reports to him.
The Mu’aawin ut-tanfeedh must be a Muslim
because he is one of the Khaleefah’s entourage.
The Mu’aawin ut-tanfeedh is always in direct
contact with the Khaleefah the same way the Mu’aawin ut-tafweeD is. The Mu’aawin ut-tanfeedh is considered an
assistant but in execution instead of ruling.
directorate of the Amir of jihaad
consists of four Departments, they are: The External Affairs, The Military, The
Internal Security, and Industry.
The Amir of
jihad is the supervisor and director
of all four departments.
Department of External Affairs directs the foreign affairs connected with the
relationship of the state with foreign countries, whatever these affairs.
Military Department oversees all affairs connected with the military forces,
such as: the army, the police, equipment, tasks, armament supplies, etc. It also
includes control of the military academies, military missions, and everything
deemed necessary from the Islamic culture and the culture of the army and
whatever is related to warfare and its preparation.
Department of Internal Security oversees everything connected with security. It
undertakes maintaining security in the country by means of the military forces,
and uses the police as a means to maintain security.
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.
Jihad is a compulsory duty (farD) on all Muslims. Military training
is therefore compulsory. Thus, every male Muslim, fifteen years and over, is
obliged to undergo military training in readiness for jihad.
Conscription, however, is farD
army is divided into two parts: the regulars, who are paid salaries from the
State’s budget as employees, and the reserves, who comprise all the Muslims
capable of fighting.
military forces are one force, 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 police (shurTah).
police are authorised to protect public order, supervise internal security and
to carry out all executive duties.
army possesses flags and banners; the Khaleefah gives the flag to whomever he
appoints as a leader of the army, the banners are presented by the chiefs of the
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.
army comprises one army located in specific camps. Some of these camps must be
located in different provinces (wilaayaat) and strategic locations, and
some must remain permanently mobile fighting forces. The camps are organised in
numerous groups, each one of which is given a number as a name, such as the
first army, the third army or can be named after a province (wilaayah) or district (‘imaalah).
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.
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.
necessary to provide the army with all the required armaments, supplies and
equipment so as to fulfill its task as an Islamic army.
Judgeship is the
pronouncement of the verdict in a binding way. It settles the disputes among
people, prevents that which harms the community’s rights and eliminates the
disputes arising between people and members of the ruling apparatus - rulers and
employees - including the Khaleefah and those of lesser rank.
Khaleefah is to appoint a chief judge authorised to appoint, discipline, and
dismiss judges within the administrative regulations. The chief judge must be a
mature Muslim male who is sane, just and a jurist. The remaining employees of
the courts come under the domain of the directorate that administers the court’s
three types of judges. They are:
1. The judge who settles the disputes among
people in transactions (Mu’aamalaat) and punishments (‘Uqoobaat);
2. The muHtasib who settles the violations of the community’s rights; and
3. The judge of the Court for the Unjust Acts (maHkaamat ul-maDHalim) who settles
disputes between people and officials of the State.
judges must be qualified by being Muslim, mature, free, sane, ‘adl, and a jurist
being aware of how to apply rules to incidents. Judges of maHkaamat
ul-maDHalim must additionally be qualified with being male and a mujtahid,
i.e., a person capable of making ijtihaad.
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
maHkaamat ul-maDHalim 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.
courts should be comprised of only one judge who has the authority to pronounce
verdict. One or more judges are however permitted to accompany him with only the
authority of advising and assisting. They have no authority to pronounce verdict
and their opinion is not binding on the judge who has the sole authority to give
judge cannot pronounce verdict except in a court session. Evidence and oaths are
not considered except in a court session as well.
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.
are no courts of appeal or cassation, because all judgements are of equal
standing. Thus, once the judge has pronounced the verdict it becomes effective
and no other judge’s decision can overturn it, unless he judged with other than
Islam, disagreed with a definite text in the Qur’an, Sunnah or Ijmaa’
us-SaHaabah or it appeared that he judged in contradictory to a true
muHtasib is the judge who investigates all cases, in the absence of an
individual litigation, involving the rights of the public that are non-criminal
and not involving the Hudood (i.e., the punishments.)
muHtasib has the authority to judge upon violations, at any place as soon
as he gains knowledge of these violations without the need to hold a court
session. A number of policemen are put at the muhHtasib’s disposal to
carry out his orders and to execute his verdicts immediately.
muHtasib has the right to appoint deputies to himself, that possess the
same qualifications as the muHtasib, and to assign them to various
locations where they exercise the same authority as the muHtasib in the
location and the cases assigned to them.
judge of the maHkaamat ul-maDHalim is appointed to remove all unjust
acts, committed by the Khaleefah, governor(s), or any official of the State,
that have been inflicted upon anyone - whether that person is a citizen or not -
living in the domain of the State.
in the maHkaamat ul-maDhalim of Injustice are appointed by the Khaleefah
or the chief judge. As for their accounting, disciplining and dismissal, this is
carried by the Khaleefah, the maHkaamat ul-maDHalim or the chief judge if
authorised by the Khaleefah to do so. However, it is not allowed to dismiss him
during his investigation in an unjust act against the khaleefah, mua’win
ut-tafweeD or the chief judge.
is no limit on the number of judges that can be appointed for the Unjust Acts.
The Khaleefah can appoint as many as he may deem necessary to eradicate the
unjust acts. Although it is permitted for more than one judge to sit in a court
session, only one judge has the authority to pronounce a verdict. The other
judges only assist and provide advice, and their advice is not binding on the
judge authorised to pronounce the verdict.
ul-maDHalim has the authority to dismiss any ruler, governor and official of
the State, including the Khaleefah.
maHkaamat ul-maDHalim has the authority to investigate any case of
iniquity, whether it be connected with officials of the State, the Khaleefah’s
deviation from the divine rules, interpretation of the legislative texts in the
constitution, canons and divine rules within the framework adopted by the
Khaleefah or the imposition of a tax, etc.
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.
Everyone, both prosecution
and defence, has the right to appoint a proxy, whether male or female, Muslim or
not, to act on his or her behalf. There is no distinction in this matter between
the attorney and to the individual granting power to the attorney. The proxy has
the right to be appointed on a salary according to the terms agreed upon between
the two parties in question.
permitted for the one who holds office, such as the Khaleefah, waali,
official, muHtasib and judge of the Court for the Unjust Acts, or persons
who have been vested with a specific responsibility, like a custodian or
guardian, to appoint a person to his position as a proxy - within the bounds of
his authority - for the purpose of appearing on his/her behalf as the plaintiff
or defendant, and for no other reason.
GOVERNORS OF THE PROVINCES (WULAH)
territories governed by the State are divided into units called provinces
(wilayaat). Each wilaayah is
divided into units called districts (‘Imaalaat). The person who governs the
wilayah is called the wali or Amir, and the person who
governs the ‘Imaalaah is called the 'aamil.
The waalis and the ‘aamils are appointed by the Khaleefah.
The waali can, if authorised, also appoint the ‘aamils. The walis and 'aamils must
possess the same qualifications as the Khaleefah, i.e., Muslim, male, free,
mature, sane, ‘adl
(trustworthy or competent) and competent in their responsibilities. They
have to be selected from the people of piety (taqwa) and strength.
The wali has the authority to govern and
supervise the performance of the departments in his province on behalf 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 execution, but not in administration.
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 about the reason for not informing him.
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.
The waali’s term of office in a particular
province is not to be long. He must be discharged whenever he becomes powerful
in his province or the people become enchanted with him.
The waali’s appointment is a general
responsibility in a defined location. Consequently, the waali is not
moved from one province to another. He has to be discharged first and then
The wali can be discharged if the
Khaleefah decides so, or if the majlis ul-ummah expresses
dissatisfaction with him - whether justified or not - or if the majority of the
people of the province show displeasure with him. However, the wali can only be dismissed by the
Khaleefah must exercise strict control over the wulah and continually assess their
performance. He must deputise people to monitor them and enquire about them. He
has to periodically gather the wulah
, or some of them, and listen to the complaints of the ummah of them.
management of the government’s affairs and the interests of the people is
performed by, and the responsibility of, administrations, directorates and
policy of the administrations, directorates and departments is built upon the
efficiency of the system, speed in carrying out the tasks and competence in
those who are in charge of administration.
subject of the State, male or female, Muslim or not, who is suitably competent
may be appointed as head or official of any administration, directorate or
administration must have a general manager and every directorate and department
must have a special director responsible for them. All directors are responsible
before the general manager of their administrations, directorates and
departments. In respect to conforming to the laws and public orders, they are
responsible to the Khaleefah, waali and 'aamil.
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.
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.
ASSEMBLY (Majlis ul-Ummah)
of the Majlis al-Ummah are 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 al-Ummah so that they can voice
their complaints in respect to unjust acts performed by the rulers or the
misapplication of the Islamic laws.
members of the Majlis al-Ummah are
elected by the people.
citizen of the State has the right to become a member of the Majlis al-Ummah, 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 or the misapplication of Islam upon them.
Consultation (Shoora) and the mashoora are the
seeking of views in absolute terms. These views are not binding in legislation,
definitions, intellectual matters such as discovering the facts and the
technical and scientific matters. However they are binding when the
Khaleefah consults in other practical matters and actions that do not
scrutiny or research.
citizens, Muslim or not, may express their views, but Shoora is a right
for the Muslims only.
issues that fall under the binding Shoora, when the Khaleefah seeks
opinion, 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
Shoora, the correct opinion is sought, whether it is a majority or
minority held view.
The Majlis al-Ummah is charged with five
duties. They are:
(i) (a) To
be consulted by the Khaleefah or to advice him on the practical matters
and actions which do not need scrutiny or research, such as: affairs of ruling,
education, health, and the economy, industry, farming and the like; and its
opinion in that is binding.
However in the matters which require scrutiny and research and the technical
matters, the financial, the military and the foreign policy, the
Khaleefah has the right to refer to the Majlis for consultation
and seeking an opinion; however the opinion of Majlis in such matters is
Majlis has the right to account the Khaleefah regarding all the
actions that the state has actually executed, whether they were of the domestic
or foreign matters, or the finance or the army and the like. The view of the
Majlis is binding wherever the majority opinion is binding and not
binding wherever the majority opinion is not.
Majlis has the right to express dissatisfaction with the assistants,
governors, and mayors; and in this matter the view of the Majlis is binding and the Khaleefah must
discharge them at once.
Khaleefah may refer to the Majlis the rules, the constitution and canons,
that he intends to adopt. Muslim members of the Majlis have the right to discuss them and express their views
about them , but their opinion is not binding.
select the list of candidates standing 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.
primary role of a woman is that of a mother and wife. She is an honour (‘ird)
that must be protected.
Segregation of the sexes is
fundamental, they should not meet together except for a need that the shar’ allows or for a purpose the
shar’ allows men and women to meet for, such as trading or pilgrimage
have the same rights and obligations as men, except for those specified by the
shar’i evidences to be for him or her. Thus, she has the right to
practice in trading, farming, and industry; to partake in contracts and
transactions; to possess all form of property; to invest her funds by herself
(or by others); and to conduct all of life’s affairs by her.
can participate in elections and giving of the bai’ah to the
Khaleefah, and elect, and be a member of the Majlis al-Ummah, and can be appointed as
an official of the State in a non-ruling position.
are not allowed to take charge of ruling, thus women cannot hold the positions
of Khaleefah mu’aawin, waali, ‘aamil nor to practice any
actions of ruling. She is not allowed to be a chief judge, a judge in
maHkaamat ul-MuDHalim nor ameer of Jihad.
live within a public and private life. Within their public life, they are
allowed to live with other women, maHram males [males forbidden to them
in marriage] and foreign men (whom they can marry) on condition that nothing of
the women’s body is revealed, apart from her face and hands, and that the
clothing is not revealing nor her charms displayed. Within the private life she
is not allowed to live except with women or her maHram males and she is
not allowed to live together with foreign men. In both cases she has to restrict
herself with the rules of shara’.
are forbidden to be in private (khulwah) with any men they can marry,
they are also forbidden to display their charms or to reveal their body in front
of foreign men.
women must not practice any work that poses danger to the morals or causes
corruption in society.
lives is one of tranquillity and companionship. The responsibility of the
husband on behalf of his wife (qiwaamah) is one of taking care, and not
ruling. She is obliged to obey her husband and he is obliged to meet the costs
of her livelihood according to a fair standard of living
married couple must fully assist each other in performing the household duties,
with the husband performing all the actions normally undertaken outside of the
house, and the woman performing those actions normally undertaken inside the
house as best as she can. The husband should provide home help as required to
assist with the household tasks she cannot manage herself.
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, whether the child is male or female. If only one of the parents is Muslim,
there is no choice for the child is to join the Muslim parent.
management of economics is the view of what the society ought to be when
addressing the satisfaction of (human) needs, so what the society ought to be is
made as the basis for satisfying the needs.
fundamental economic problem is how to distribute funds and benefits/ services
to all subjects of the State, and to facilitate all the subjects to utilise
these funds and benefits/ services by enabling them to strive and possess them.
individual must have all his basic needs provided for completely by the State,
and he/she must be guaranteed to satisfy his luxurious needs (non-basic needs)
to the highest possible level.
is alone the owner of property and He has made human beings heirs in it. By this
general entrust humankind has acquired the right to possess property. As a
consequence of Allah’s (swt) permission for the individual to possess property,
man has the actual possession.
are three types of property, they are: private property, public property, and
properties are a divine rule determined by the property itself or the benefit
from it. As a result of this possession, the person who possesses it obtains a
benefit from it or receives a return for it.
properties are the sharee’ahs permission for the community to participate
in obtaining benefit from the property itself.
property comprises all property whose expenditure is determined solely by the
view of the Khaleefah and his ijtihaad, such as: the funds of taxes, land
tax (kharaaj) and head tax (jizya).
property consisting of liquid and fixed assets is restricted by the following
divine means (asbaab):
c. Acquisition of property to survive.
d. A donation
from State funds to a citizen.
e. Funds obtained by individuals neither by
effort nor through purchase.
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
land (al-‘Ushriyyah) constitutes land
within the Arabian peninsula and land whose owners had embraced Islam whilst
possessing the land, (i.e. before the Islamic State encountered them by
jihad). Tax land (al-Kharaajiyyah) is all land, other than
the Arabian Peninsula, which was opened by jihad, i.e. war or peace. Al- Ushriyyah land, together with its
benefits, is owned by individuals. Al
Kharaajiyyah land is owned by the State, and individuals own its benefits.
Everyone has the right to exchange, through shar’i contracts, tithed land
and the benefits from tax land. All people can inherit these, the same as with
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’ means, such as:
inheritance, purchasing or through a donation from the State.
land, whether al- Ushriyyah land or al al-Kharaajiyyah land, for agriculture is
forbidden. Sharecropping of land planted with trees is permitted, and
sharecropping on all other land is forbidden.
landlord is obliged to use his land; those who are needy are to be given a loan
from the treasury (bayt ul-maal) to
facilitate this. Anyone who leaves his land fallow, i.e., does not use the land,
for three years will have it taken from him to be given to another.
following three categories constitute public property:
utilities, such as the town parks.
b. Vast mineral resources, like oil
c. Things that, by their nature, preclude ownership by individuals,
such as rivers.
Factories by their nature
are private property. However, they follow the rule of the product manufactured
within them. If the product is private property, the factory is considered to be
private property, like a textile mill. If the product is a public property, like
iron ore, then the factory is considered to be a public property.
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.
Everybody in the State has
the right to utilise public property, and the State has no right to allow any
individual to singularly possess, own or utilise public property.
State is allowed to protect parts of the uncultivated land or public property on
behalf of any of the citizens' interests.
Hoarding funds, even if zakaah is paid on it, is forbidden.
Zakaah is collected from Muslims
on their properties that are specified by shara’, i.e. money, trading goods,
cattle and grain. It is not taken from anything not specified by the shara’. Zakaah is taken from every owner whether
legally responsible (mukallaf), i.e. mature and sane, or not, i.e.
immature and insane. It is recorded in a specific account of the bayt ul-maal and is not to be spent
except for one or more of the eight categories of people mentioned in the
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.
Kharaaj (land-tax) is collected
on al-Kharaajiyyah land according to its potential
production. However, in respect of al-Ushriyyah land zakaah is payable on it, on the basis of
its actual production.
Muslims only pay the tax that shar’
has permitted to cover the expenditure of bayt ul-mal, on condition that it is
levied on that which is surplus to the individual’s needs. The tax must be
sufficient to cover the demands of the State.
State has the right to collect tax from the Ummah when the funds of bayt ul-maal are inadequate to cover the
expenditure required to undertake all the functions the shar’ has obliged the Muslims to
perform. The State is not allowed to impose a tax on the people for a function
the shar’ has not obliged the Muslims
to undertake. Thus, the State is not allowed to collect fees for the courts or
departments or administrations, or for accomplishing any interest.
budget of the State has permanent sources decided by the AHkaam shar’iyyah. The budget is further
divided into sections. The funds assigned to each section and the matters for
which the funds are allocated are all decided by the view of the
Khaleefah and his ijtihaad.
permanent sources of income for bayt
ul-maal are: spoils (fei`), jizyah, kharaaj, a fifth of the buried treasure
(rikaaz) and zakaah. All these funds are collected,
whether there is a need for them or not, on a perpetual basis.
revenues derived from the permanent sources of income for bayt ul-maal are insufficient to cover
the expenditure of the State, it is permitted to collect taxes from the Muslims
to cover the expenditure obliged on bayt
ul-maal. The obligations are the following:
needs of the poor, the needy, the wayfarers, and to perform the obligation of
b. Remuneration of the salaries of the employees, the rulers
and the provisions for the soldiers.
c. Providing benefits and public
utilities due on bait ul-maal, such
as constructing roads, extracting water, erecting mosques, schools and
d. Meeting emergencies, like natural disasters, famine, floods
derived from public and State property, people dying without heirs, properties
of the apostates and customs levied at the state’s borders (thoghoor), are all recorded in bayt ul-maal.
expenditure of bayt ul-maal is
distributed among the following six categories of people as follows:
eight categories of people entitled to partake of the zakaah funds.
poor, the needy, the wayfarers, the debtors and jihad are funded from the
permanent sources of revenues whenever there are insufficient funds in the
zakaah account. When there are inadequate funds from the permanent
revenues, the debtors are not to receive assistance. The poor, the needy, the
wayfarers and jihad must be funded
from the taxes collected for this purpose; and if required - to prevent them
from falling into corruption - they are to be funded from loans raised by the
State for this purpose.
ul-maal must fund those people who perform certain duties or services for
the State, such as employees, rulers and soldiers. If there are insufficient
funds for this purpose, taxes must be collected immediately to meet their
expenses, and loans should be raised if it is feared that corruption might
d. Bayt ul-maal shall fund the essential services and
utilities such as the roads, mosques, hospitals and schools. If there are
insufficient funds, taxes must be collected to cover their cost.
Non-essential services and utilities are funded by bayt ul-maal, but when there are
insufficient funds available they are not financed and accordingly delayed.
f. Disasters, such as earthquakes and floods, must be financed by bayt ul-maal; if there are insufficient
funds available, loans are to be raised immediately, and will be repaid later
State should provide employment for all subjects holding citizenship of the
employees and the self-employed have the same rights and duties as employees of
the State. Everyone who works for a wage, irrespective of the nature of the
work, is considered an employee. In matters of dispute, between employer and
employee over salary levels, the salary level is to be assessed on the basis of
the market. If they disagree over something else, the employment contract is to
be assessed according to the rules of the shar’.
salary is to be determined according to the benefit of the work, or the benefit
of the employee, and not according to the knowledge or qualifications of the
employee. There are to be no annual increments for employees. Instead, they are
to be given the full value of the salary they deserve for the work they do.
State is to guarantee the living expenses of the one who has no money, no work
and no relatives responsible for his financial maintenance. The State is
responsible for housing and maintaining the disabled and handicapped people.
State must endeavour to circulate wealth among all the subjects and forbids the
circulation of wealth among only a sector of society.
State tackles the task of enabling every subject to satisfy his luxuries
(non-basic needs) and to achieve equality in society in accordance with the
funds available to her, in the following way:
State grants liquid and fixed assets from those owned by bayt ul-maal,
and from the war booties etc, to its citizens.
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.
Those who are unable to settle their debts are given funds from zakaah,
and the war booty, etc.
supervises agricultural affairs and their products in accordance with the needs
of the agricultural policy, so as to achieve the potential of the land to its
greatest level of production.
State supervises the whole affairs of industry. It directly undertakes those
industries included in the public property.
trade 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 treaties. Merchants who are
subjects of the State are prevented from exporting any goods that the enemies
could benefit of militarily, industrially or economically. However, they are not
prevented from importing any property they own. Any country that we have real
war between its citizens and us(such as Israel) is excluded from these rules.
The rules applicable to the actual land of war apply to such a country in all
the relations with it whether trade or otherwise.
individual subjects of the State have the right to establish research and
development laboratories connected with all life’s affairs. The State should
also establish such laboratories.
Individuals are prevented
from possessing laboratories producing materials that could harm the
Ummah or the state.
provides free health care for all, but it does not prevent using private medical
care or the sale of medicine.
of foreign capital and its investment within the State is forbidden. It is also
prohibited to grant franchises to foreigners.
State issues its own currency, which is independent of all foreign currencies.
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 ul-maal) has the equivalent amount
of gold and silver to cover the issued coinage. Thus, the State may issue
coinage in its name from brass, bronze or paper notes etc. as long as it is
covered completely by gold and silver.
permissible to have exchange between the State currency and the currency of
other states like the exchange between the state’s own coinage. It is
permissible for the exchange rate between two currencies to differ provided the
currencies are different from each other. However, such transactions must be
undertaken in a hand-to-hand manner and constitute a direct transaction with no
delay involved. The exchange-rate can change or fluctuate without any
restrictions as long as it is between two different currencies. All citizens can
buy whatever currency they require from within or outside the State, and they
can purchase the required currency without obtaining prior permission or the
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
purpose of education is to form the Islamic personality in thought and
behaviour. Therefore, all subjects in the curriculum must be chosen on this
goal of education is to produce the Islamic personality and to provide people
with the knowledge connected with life’s affairs. Teaching methods are
established to achieve this goal; any method that leads to other than this goal
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
that does not contradict Islamic thoughts and rules. In higher education, these
cultural sciences are studied like other sciences provided they do not lead to a
departure from the stated policy and goal of the education.
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.
and crafts may be related to science, such as commerce, navigation and
agriculture. In such cases, they are studied without restriction or conditions.
Sometimes, however, arts and crafts are connected to culture and influenced by a
particular viewpoint of life, such as painting and sculpting. If this viewpoint
of life contradicts the Islamic viewpoint of life, these arts and crafts are not
state’s curriculum is only one, and no curriculum other than that of the state
is allowed to be taught. Private schools provided they are not foreign, are
allowed as long as they adopt the state’s curriculum and establish themselves on
the State’s educational policy and accomplish the goal of education set by the
State. Teaching in such schools should not be mixed between males and females,
whether the students or the teachers; and they should not be specific for
certain deen, madhab, race or colour.
an obligation upon the State to teach every individual, male or female, those
things that are necessary for the mainstream of life. This should be obligatory
and provided freely in the primary and secondary levels of education. The State
should, to the best of its ability, provide the opportunity for everyone to
continue higher education free of charge.
State ought to provide the means of developing knowledge, such as libraries and
laboratories, in addition to schools and universities, to enable those who want
to continue their research in the various fields of knowledge, like fiqh, Hadeeth and tafseer of Qur’an, thought,
medicine, engineering and chemistry, inventions and discoveries etc. This is
done to create an abundance of mujtahideen, outstanding scientists and
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
Politics is taking care of
the nation’s affairs inside and outside the State. It is performed by the State
and the nation. The State practices it and the nation questions that practice.
absolutely forbidden for any individual, party, group or association to have
relations with a foreign state. Relations with foreign countries are restricted
only to the State, because the State has the sole right to practice taking care
of the Ummah’s affairs. The Ummah is to question the State in
connection with this task of executing the taking care of her affairs.
not justify the means, because the method is integral to the thought. Thus, the
duty (waajib) and the permitted (mubaaH) cannot be attained by performing
a forbidden action (Haraam).
Political means must not contradict the political methods.
Political manoeuvres are
necessary in foreign policy, and the effectiveness of these manoeuvres is
dependent on concealing (your) aims and disclosing (your) acts.
the most important political means are disclosing the crimes of other states,
demonstrating the danger of erroneous politics, exposing harmful conspiracies
and destroying misleading personalities.
the most important political methods is the manifestation of the greatness of
the Islamic thoughts in taking care of the affairs of individuals, nations and
political cause of the Ummah is Islam, in the might of the State, the
improvement of the implementation of its rules, and continuity in its call
(da'wah) to humankind.
Conveying the Islamic da’wah is the core around which the
foreign policy revolves, and upon which relations between the State and other
states are built.
state’s relations with other states are built upon four considerations. These
in the current Islamic world are considered to belong to one state and,
therefore, they are not included within the sphere of foreign affairs. Relations
with these countries are not considered to be in the realm of foreign policy and
every effort should be expended to unify all these countries into one state.
who have economic, commercial, friendly or cultural treaties with our State are
to be treated according to the terms of the treaties. If the treaty states so,
their subjects have the right to enter the State with an identity card without
the need for a passport provided our subjects are treated in a like manner. The
economic and commercial relations with such states must be restricted to
specific items and specific characters that are deemed necessary and which, at
the same time, do not lead to the strengthening of these states.
with whom we do not have treaties, the actual imperialist states, like Britain,
America and France and those states that have designs on the State, like Russia
are considered to be potentially belligerent states. All precautions must be
taken towards them and it would be wrong to establish diplomatic relations with
them. Their subjects may enter the Islamic State only with a passport and a visa
specific to every individual and for every visit, unless it became a real
states that are actually belligerent states, like Israel, a state of war must be
taken as the basis for all measures and dealings with them. They must be dealt
with as if a real war existed between us - whether an armistice exists or not -
and all their subjects are prevented from entering the State.
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.
is forbidden to belong to any organisation that is based on something other than
Islam or which applies non-Islamic rules. This includes international
organisations like the United Nations, the International Court of Justice, the
International Monetary Fund and the World Bank, and regional organisations like
the Arab League.