A Draft Constitution for the Future Khilafah

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Constitution and Canon

Canon is a foreign connotation which means the decree issued by the ruler for people to enact. It has been defined as Îthe group of principles which the ruler obliges the people to enact in their relationshipsâ. The basic law for every government is called a constitution; whereas law which emanates from the system decreed by the constitution, is called a canon. The term constitution has been defined as Îthe canon which specifies the shape of the state and its ruling system, and defines the limit and specification of the authority vested in itâ, or Îthe canon which organises public authority, i.e., the government, defines its relationship with its subjects, and assigns both the stateâs rights and duties towards the subjects and the subjectsâ duties and rights towards the stateâ. Constitutions have different origins. Some have been issued in the form of a canon, and some have arisen through customs and traditions, such as the British constitution, while others have been drafted by a committee of a national assembly - vested with the authority at that time - which passed the constitution, defined the procedure for revising it and then dissolved itself to be replaced by the authority established by the constitution, as happened in America and France. Constitutions and canons are taken from two sources. The first being the source from which they directly originate, such as traditions, religion, the opinions of jurists, court precedents and the principles of justice and equity. Which is known as the legislative source. Examples of this type of constitution are some of the Western states like Britain and America. The second is an historical source, i.e., the constitution or canon that emerges from, or is taken from a particular place, like the French Constitution and some of the states in the Islamic world, like Turkey, Egypt, Iraq and Syria.

This is but a brief definition of the terms constitution and canon, which in sum means the state takes certain rules from either legislative or historical sources which it adopts and enacts, such that thereafter the rules adopted by the state become a constitution, if they are general, or canons if they are specific.

The question that now faces the Muslims is whether or not it is permissible to use these terms? The answer to this question is that if foreign terms contain terms or logical connotations that contradict the terminology of Muslims, they are prohibited for use: such as the term Îsocial justiceâ, which implies a specific system which is manifested in the form of guaranteeing education, medical care for the poor and guaranteeing the rights of employees and workers. This connotation contradicts the Muslims terminological meaning for justice, because in Islam justice means the opposite of injustice, and the guaranteed provision of education and medical care is a right for rich and poor, and protecting the rights of the weak and needy is a right beholden to all those who hold citizenship of the Islamic State, whether they are employees, labourers or farmers etc. However, if the meaning of the terminology is consistent with what the Muslimsâ have then it is permissible to use that term, such as the term tax, which means the funds collected from the people for the management of the state and the Muslims do have funds collected by the state for the management of their affairs and, thus, it is correct to use the term tax. The terms constitution and canon mean that the state adopts certain rules, announces them to the people and obliges them to act according to them and governs them on their basis. This meaning is consistent with Islam. Accordingly, we do not find anything to object with the use of the terms constitution and canons, the rules adopted by the Khaleefah from the Ahkam ShariÎah. However, which means there is a difference between the Islamic constitution and canons, on the one hand, and other constitutions and canons, on the other. The source of the other constitutions and canons are the traditions and judgements of their courts etc., and the origin is an institutional committee which establishes the constitution councils elected by the people to decree canons for they consider the people to be the source of authority and sovereignty. As for the Islamic constitution and canons, their source is the Qurâan and Sunnah only, and their origin is the ijtihad of the mujtahideen from which the Khaleefah adopts certain rules, executes them and obliges the people to act according to them. Sovereignty is for the ShariÎah and ijtihad is a right for all Muslims and a fard kifayah upon them to deduce Ahkam ShariÎah. Only the Khaleefah has the right to adopt the Ahkam ShariÎah.

This is with respect to the permissibility of using the terms constitution and canon. As for the necessity of adopting rules, the Muslims, from the time of Abu Bakr (raa) up to the time of the last Khaleefah, have seen the necessity of adopting rules according to which the Muslims have been commanded to act. This adoption was for specific rules and not a comprehensive adoption of all the decrees that the state ruled with. The State only adopted comprehensively in some eras, namely, when the Ayubites adopted Ash-Shafiâi i madhab and when the ÎUthtmani State adopted Al-Hanafi madhab .

The question which is asked is, whether or not it is in the interest of the Muslims to lay down a comprehensive constitution and general canons? The answer to this question is that the presence of a comprehensive constitution and general canons for all rules stifles creative ability and ijtihad. Hence, the Khulafaâah in the age of the Companions (Sahabah), the followers of the Companions (tabeâyeen), and the followers of the followers of the Companions (tabâee et-tabeâyeen), avoided adopting all the rules. They merely restricted in adoption to specific rules where adoption was required to maintain the unity of ruling, legislation and administration. Therefore, for the sake of maintaining creative ability and ijtihad, it is preferable for the State not to have a comprehensive constitution which includes all the rules, but rather a constitution that includes general rules which define the form of the State and which guarantees the continuity of its unity, and leaves ijtihad and deduction to the governors and judges. This is the case if ijtihad is prevalent and people are mujtahideen as in the time of the Sahabah, tabeâyeen, and tabâee et-tabeâyeen. But if all the people are muqalideen, and where mujtahideen are rare, it is obligatory for the State to adopt rules by which the State, i.e. the Khaleefah, walaâa and judges govern the people, because in such circumstances the governors and judges will suffer from differences and contradicting taqleed. However, adoption should come after studying the subject matter and daleel. Allowing the walaâa and judges to rule from their own knowledge will lead to the existence of different and contradicting rules within the same state, even in the same province, and it could even lead to them judging with what Allah (swt) has not revealed. Therefore, because of the ignorance of Islam which prevails these days, it is obligatory for the Islamic State to adopt certain rules confined to the transactions and punishments, excluding adoption in Îaqeedah and the ibadah.. This adoption should be inclusive for all the rules so as to punctuate the stateâs affairs and to conduct all the affairs of the Muslims in accordance with the rules of Allah (swt). When the state adopts the rules and establishes the constitution and canons, it must restrict itself solely to the Ahkam ShariÎah. It must not adopt, or even study, anything other than the Ahkam ShariÎah whether it agrees with Islam or not. For example, it must not adopt the nationalisation of property. Instead, it must lay down the rule (hukm) of public property. The state has to restrict itself by the Ahkam ShariÎah in every matter connected with the thought (fikrah) and the method (tareeqah). But as for the canons and systems that are not connected with the fikrah and method and thus do not denote a certain view point of life, such as the administrative canons and departmental structures etc., considered to be means and styles, like the sciences, industries and technology, which the state may adopt to manage its affairs, as happened with Umar ibn al-Khattab (ra) when he established the army registers (divans) which were taken over from the Persians. These administrative and technical matters are not part of the constitution or the Ahkam ShariÎah and, therefore, are not included in the constitution. Therefore, the duty of the Islamic State is to observe that its constitution be Ahkam ShariÎah i.e. that its constitution and canon be Islamic with and when it adopts any rule it has to adopt it based on the strength of the daleel shariâ with the correct understanding of the subject matter. Hence, first it has to study the problem in order to understand it - because understanding the problem is essential - it must then understand the hukm shariâ related to this problem, and then it has to study daleel of the hukm shariâ.

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The state then adopts this rule, based on the strength of daleel, on condition that these Ahkam ShariÎah are adopted either from the opinion of one of the mujtahids - after looking through the daleel and validity of its strength (estinbat) - or through ijtihad shariâ, even in the single issue, from the Qurâan and Sunnah, ijmaâa as-sahabah, or qiyas. Thus, for example, if the State wished to adopt forbidding insurance on goods, it has first to understand the nature of insurance on goods. It must study the means of possession. Allahâs law concerning property would be applied on insurance and this would subsequently be adopted as the hukm shariâ in this question. Accordingly, there should be an introduction to the constitution and to each canon that clearly explains the madhab from which each article has been deduced, the daleel relied upon, or, if the article was deduced by a correct ijtihad, an explanation of the daleel from which the article has been deduced, so that the Muslims know that the rules which the state has adopted in the constitution and canons are Ahkam ShariÎah reached by a correct ijtihad. This is because the Muslims are not obliged to obey the laws of the State unless they are Ahkam ShariÎah adopted by the State. According to this basis, the State adopts Ahkam ShariÎah in the form of a constitution and canons in order to govern the people who hold its citizenship.

As an illustration of this, we place in the hands of Muslims a draft constitution for the Islamic State in the Islamic world to be studied by Muslims while they are proceeding to establish the Islamic State that will carry the Islamic daâwah to the world. It should be noticed that this constitution is not meant for a particular country or intended to be specific to any region or country but for the Islamic State in the Islamic world.





A Draft Constitution

GENERAL RULES

Article 1
The Islamic creed (Îaqeedah) constitutes the foundation of the State. Nothing is permitted to exist in the governmentâs 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 Stateâs 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 lifeâs 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 ShariÎah) 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.

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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 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 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 ShariÎah 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 (muâaahid), 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 (daâwah) to Islam.

Article 12
The only evidences to be considered for the divine rules (Ahkam ShariÎah) are: the Qurâan, the Sunnah, the consensus of the Companions (ijmaâa 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 ShariÎah), 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 (moâawin)
3. The governor (wali)
4. The mayor (aâmil)

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 (sharâa) 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 ShariÎah 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 (bayâah). Non-Muslims have no right in this regard.

Article 27
Once the contract of the Khilafah has been confirmed on a person through the bayâah from those who are qualified to give it, the bayâah of the remaining people is a bayâah 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 bayâah 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 bayâah of obedience - as opposed to the bayâah of agreement - can be taken from any state without the need to satisfy the aforementioned conditions.

Article 30
The individual who is given the bayâah 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.

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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 bayâah to the candidate - who has attained the majority of votes - as a Khaleefah to follow the Qurâan and the Sunnah of the Messenger of Allah (saw).

d. Once the bayâah 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 bayâah 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 (moâawin) and the governors (wulaâa). 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 Stateâs 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 Stateâs 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 Khaleefahâs period in office, as long as he abides by the divine law, implements its rules and is able to manage the Stateâs affairs. If the Khaleefahâs 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 Khaleefahâs 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 Khaleefahâs 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 ÎI appoint you on my behalf as my deputyâ 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 Khaleefahâs 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.

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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 Stateâs 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 (Îimala).

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 communityâs 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 communityâs 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.

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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 judgeâs 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 muhtasibâs 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 Khaleefahâs 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 (WULâAA)

Article 86
The territories governed by the State are divided into units called provinces (wilayat). Each wilayat is divided into units called districts (Îimalat). The person who governs the wilayat is called the wali or Amir, and the person who governs the Îimalat is called the 'amil.

Article 87
The walis and the Îamils are appointed by the Khaleefah. The wali can, if authorised, also appoint the Îamils. 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 waliâs 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 waliâs 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 governmentâs 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.

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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 ShariÎah, 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 sharâa allows mixing, like the pilgrimage.

Article 110
Women have the same rights and obligations as men, except for those specified by the ShariÎah 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 lifeâs affairs by herself.

Article 111
A woman can participate in the election and giving of the bayâah 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, Îamil, 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 womenâs 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 ShariÎah 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 Allahâs (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.

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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 sharâa causes, such as: inheritance, purchasing it, or through a donation from the State.

Article 131
Leasing land, whether al ushriah-land or al kharajiah-land, for agriculture is forbidden. Sharecropping of land planted with trees is permitted, and sharecropping on all other land is forbidden.

Article 132
Every landlord is obliged to use his land, those who are needy are to be given a loan from the treasury (bayt al-mal) to facilitate this. Anyone who leaves his land fallow, i.e., does not use the land, for three years will have it taken from him to be given to another.

Article 133
The following three categories constitute public property:

a. Public utilities, such as the town square.
b. Vast mineral resources, like oil fields.
c. Things which, by their nature, preclude ownership by individuals, such as rivers.

Article 134
Factories by their nature are private property. However, they follow the rule of the product manufactured within it. If the product is private property, the factory is considered to be private property, like a textile mill. If the product is a public property, like iron ore, then the factory is considered to be a public property.

Article 135
The State has no right to change private property into public property, because public property is determined by its nature and not by the view of the State.

Article 136
Everybody in the State has the right to utilise public property, and the State has no right to allow any individual to singularly possess, own or utilise public property.

Article 137
The State is allowed to protect uncultivated land or public property on behalf of any of the citizens' interests.
Article 138
Hoarding funds, even if zakah is paid on it, is forbidden.

Article 139
Zakah is collected from Muslims on their properties that are specified by sharâa, i.e., money, goods, cattle and grain. It is not taken from anything not specified by the sharâa. Zakah is taken from every owner whether legally accountable, i.e., mature and sane, or not, i.e., immature and insane. It is recorded in a specific account of the bayt al-mal and is not to be spent except on behalf of one or more of the eight categories of people mentioned in the Glorious Qur'an.

Article 140
Jizyah (head-tax) is collected from the non-Muslims (dhimmis). It is to be taken from the mature men if they are financially capable of paying it. It is not taken from women or children.

Article 141
Kharaj (land-tax) is collected on al-kharajiah land according to its potential production. However, in respect of al ushriah land zakah is payable on it on the basis of its actual production.

Article 142
The Muslims pay the tax that sharâa has permitted to cover the expenditure of bayt al mal, on condition that it is levied on that which is surplus to the individualâs conventional needs. The tax must be sufficient to cover the demands of the State. Non-Muslims do not pay any tax except the jizya.

Article 143
The State has the right to collect tax from its citizenry when the funds of bayt al mal are inadequate to cover the expenditure required to undertake all the functions the sharâa has obliged the Muslims to perform. The State is not allowed to impose a tax on the people for a function the sharâa 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 interests.

Article 144
The budget of the State has permanent sources decided by the Ahkam ShariÎah. The budget is further divided into sections. The funds assigned to each section and the matters for which the funds are allocated are all decided by the view of the Khaleefah and his ijtihad.

Article 145
The permanent sources of income for bayt al-mal are: spoils (faya), jizya, kharaj, a fifth of the buried treasure (rikaz) and zakah. All these funds are collected, whether there is a need for them or not, on a perpetual basis.

Article 146
If the revenue derived from the permanent sources of income for bayt al-mal are insufficient to cover the expenditure of the State, it is permitted to collect taxes from the Muslims to cover the expenditure obliged on bayt al-mal. The obligations are the following:

a. The needs of the poor, the needy, the travellers, and to perform the obligation of jihad.
b. Remuneration of the salaries of the employees, the rulers and the provisions for the soldiers.
c. Providing benefits and public utilities, such as constructing roads, extracting water, erecting mosques, schools and hospitals.
d. Meeting emergencies, like natural disasters, famine, floods and earthquakes.

Article 147
Income derived from: public and State property, people dying without heirs and customs levied at the stateâs borders (thoghoor), are all recorded in bayt al-mal.

Article 148
The expenditure of bayt al-mal is distributed among the following six categories of people as follows:

a. The eight categories of people entitled to partake of the zakah funds. If there are no funds in this chapter they are not given any money.
b. The poor, the needy, the travellers, the debtors and jihad are funded from the permanent sources of revenue whenever there are insufficient funds in the zakah account. When there are inadequate funds from the permanent revenues, the debtors are not to receive assistance. The poor, the needy, the travellers and jihad must be funded from the taxes collected for this purpose; and if required - to prevent them from falling into corruption - they are to be funded from loans raised by the State for this purpose.
c. Bayt al mal must fund those people who perform certain duties or services for the State, such as employees, rulers and soldiers. If there are insufficient funds for this purpose, taxes must be collected immediately to meet their expenses, and loans should be raised if it is feared that corruption might ensue.
d. Bayt al mal shall fund the essential services and utilities such as the roads, mosques, hospitals and schools. If there are insufficient funds, taxes must be collected to cover their cost.
e. Non-essential services and utilities are funded by bayt al mal, but when there are insufficient funds available they are not financed and accordingly delayed.
f. Disasters, such as earthquakes and floods, must be financed by bayt al mal; if there are insufficient funds available, loans are to be raised immediately, and will be repaid later from taxes.

Article 149
The State should provide employment for all subjects holding citizenship of the State.

Article 150
Company employees and the self-employed have the same rights and duties as employees of the State. Everyone who works for a wage, irrespective of the nature of the work, is considered an employee. In matters of dispute, between employer and employee over salary levels, the salary level is to be assessed on the basis of the market. If they disagree over something else, the employment contract is to be assessed according to the rules of the shar'a.

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Article 151
The salary is to be determined according to the benefit of the work and employee, and not according to the knowledge and/or qualification of the employee. There are to be no annual increments for employees. Instead, they are to be given the full value of the salary they deserve for the work they do.

Article 152
The State is to guarantee the living expenses of those who have no money, no employment and no relatives responsible for them. The State is responsible for housing and maintaining the disabled and handicapped people.

Article 153
The State must endeavour to circulate wealth among all the subjects and forbids the movement of wealth among only a sector of society.

Article 154
The State tackles the task of enabling every subject to satisfy his non-basic needs, and to achieve equality in society, in the following way:

a. The State grants all subjects liquid and fixed assets from those deposited with bayt al mal, and from the war booties, etc.
b. The State donates from its cultivated land to those who have insufficient or no land. Those who possess land but do not use it are not given land. Those who are unable to use their land are given financial assistance to enable them to use their land.
c. Those who are unable to settle their debts are given funds from zakah, and the war booty, etc.
d. The State donates from the public property to enable its subjects to satisfy their non-basic needs and to achieve equality in society.

Article 155
The State supervises agricultural affairs and their products in accordance with the needs of the agricultural policy, whose objective is to fulfil the potential of the land to its greatest level of production.

Article 156
The State completely supervises the affairs of industry. It undertakes those industries included as public property.

Article 157
International commerce is assessed on the basis of the citizenship of the trader and not the origin of the goods. Merchants from countries in a state of war with the State are prevented from trading in the State, unless given a special permission for the merchant or the goods. Merchants from countries that have treaties with the State are treated according to the terms of the treaty. Merchants who are subjects of the State are prevented from exporting strategic and needed materials. However, they are not prevented from importing any property they own.

Article 158
All individual subjects of the State have the right to establish research and development laboratories connected with lifeâs affairs. The State should also establish such laboratories.

Article 159
Individuals are prevented from possessing laboratories producing materials that could harm the public interest or cause harm prohibited by ShariÎah.

Article 160
The State provides free health care for all, but it does not prevent private medical practices nor the sale of medicine.

Article 161
The use of foreign capital and its investment within the State is forbidden. It is also prohibited to grant franchises to foreigners.

Article 162
The State issues its own currency, which is independent of all foreign currencies.

Article 163
The currency of the State is to be restricted to gold and silver, whether minted or not. No other form of currency for the State is permitted. The State can issue coinage not of gold or silver provided that the treasury of the State (bayt al-mal) has the equivalent amount of gold and silver to cover the issued coinage. Thus, the State may issue coinage in its name from brass, bronze or paper notes etc. as long as it is covered completely by gold and silver.

Article 164
It is absolutely forbidden to open banks. The only bank permitted is the State bank which is a department of bayt al mal. It does not deal in usury (riba) and its function is to provide financial loans in accordance with the ShariÎah rules and to facilitate financial and monetary transactions.

Article 165
It is permissible to exchange between the State currency and the currency of other states like the exchanging between the stateâs own coinage. It is permissible for the exchange rate between two currencies to fluctuate provided the currencies are different from each other. However, such transactions must be undertaken in a hand-to-hand manner and constitute a direct transaction with no delay involved. All citizens can buy whatever currency they require from within or outside the State, and they can purchase the required currency without obtaining prior permission.

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EDUCATION POLICY

Article 166
The Islamic creed constitutes the basis upon which the education policy is built. The syllabi and methods of teaching are designed to prevent a departure from this basis.

Article 167
The purpose of education is to form the Islamic personality in thought and behaviour. Therefore, all subjects in the curriculum must be rooted on this basis.

Article 168
The goal of education is to produce the Islamic personality and to provide people with the knowledge connected with lifeâs affairs. Teaching methods are established to fulfil this goal.

Article 169
A distinction should be drawn between the empirical sciences such as mathematics, on the one hand, and the cultural sciences, on the other. The empirical sciences, and all that is related to them, are taught according to the need and are not restricted to any stage of education. As for the cultural sciences, they are taught at the primary and secondary levels according to a specific policy which does not contradict Islamic thoughts and rules. In higher education, these cultural sciences are studied like other sciences provided they do not lead to a departure from the stated goal of the education policy.

Article 170
The Islamic culture must be taught at all levels of education. In higher education, departments should be assigned to the various Islamic disciplines as will be done with medicine, engineering, physics etc.

Article 171
Arts and industries may be related to science, such as commerce, navigation and agriculture. In such cases, they are studied without restriction or conditions. Sometimes, however, arts and industries are connected to culture and reflect a particular viewpoint of life, such as painting and sculpting. If this viewpoint of life contradicts the Islamic viewpoint of life, these arts and industries are not taken.

Article 172
The stateâs curriculum is the only one allowed to be taught. Private schools, provided they are not foreign, are allowed as long as they adopt the stateâs curriculum and establish themselves on the Stateâs educational policy and accomplish the goal of education set by the State.

Article 173
It is an obligation upon the State to teach every individual, male or female, those things which are necessary for the mainstream of life. This should be provided freely to all and done in the primary and secondary levels of education. The State should, to the best of its ability, provide the opportunity for everyone to continue higher education free of charge.

Article 174
The State ought to provide the means of developing knowledge, such as libraries and laboratories, in addition to schools and universities, to enable those who want to continue their research in the various fields of knowledge, like fiqh, Hadith and tafseer of Qur'an, thought, medicine, engineering and chemistry, research and development etc. This is done to create an abundance of mujtahideen, outstanding scientists and innovators in research.

Article 175
The exploitation of writing for educational purposes, such as copyrighting, at whatever level is strictly forbidden. Once a book has been printed and published, nobody has the right to reserve the publishing and printing rights, including the author. However, if the book has not been printed and published, and thus is still an idea, the owner has the right to take payment for transferring these ideas to the public, the same way he can take payment for teaching them.

Article 176
Any subject of the State has the right to issue any newspaper, magazine or book; political or not, without permission. However, any one who prints, spreads or issues anything that might destroy the basis on which the State is built will be punished.

Article 177
The State works to eliminate illiteracy and educate those who missed the opportunity of receiving an education.


FOREIGN AFFAIRS

Article 178
Politics is taking care of the nationâs affairs inside and outside the State. It is performed by the State and the nation. The State practices it and the nation questions that practice.

Article 179
It is absolutely forbidden for any individual, party, group or association to have relations with a foreign state. Relations with foreign countries are restricted only to the State, because the State has the sole right to practice taking care of the nations affairs. The nation is to question the State in connection with this task of caring.

Article 180
Ends do not justify the means, because the method is integral to the thought. Thus, the duty (wajib) and the permitted (mubah) cannot be attained by performing the forbidden action (haram). Political means must not contradict the political methods.

Article 181
Political manoeuvring is necessary in foreign policy, and the effectiveness of this manoeuvring is dependent on concealing (your) aims and disclosing (your) acts.

Article 182
Some of the most important political means are disclosing the crimes of other states, demonstrating the danger of erroneous politics, exposing harmful conspiracies and bringing down misleading personalities.

Article 183
One of the most important political means is the manifestation of the greatness of the Islamic thoughts in taking care of the affairs of individuals, nations and states.

Article 184
The political cause of the nation is Islam, in the might of the State, the sound implementation of its rules, and in perseverance in its call (da'wa) to mankind.

Article 185
Conveying the Islamic daâwah is the axis around which the foreign policy revolves, and upon which relations between the State and other states are built.

Article 186
The stateâs relationships with other states are built upon four considerations. These are:

1. States in the current Islamic world are considered to belong to one state and, therefore, they are not included within the sphere of foreign affairs. Relationships with these countries are not considered to be in the realm of foreign policy and every effort should be expended to unify all these countries into one state. The subjects of these countries are not considered to be foreigners. They have the same rights as other subjects of the Islamic State. However, if those countries are considered as Dar al-Kufr, then their subjects are treated as foreigners.

2. States who have economic, commercial, friendly or cultural treaties with our State are to be treated according to the terms of the treaties. If the treaty states so, their subjects have the right to enter the State with an identity card without the need for a passport; provided our subjects are treated in a like manner. The economic and commercial relationships with such states must be restricted to specified items which are deemed necessary and which, at the same time, do not lead to the strengthening of these states.

3. States with whom we do not have treaties, the actual imperialist states, like Britain, America and France and those states that have designs on the State, like Russia are considered to be potentially belligerent states. All precautions must be taken against them and it would be wrong to establish diplomatic relationships with them. Their subjects may enter the Islamic State only with a passport and a visa specific to every individual and for every visit.

4. With states that are actually belligerent states, like Israel, a state of war must be taken as the basis for all dispositions with them. They must be dealt with as if a real war existed between us - whether an armistice exists or not - and all their subjects are prevented from entering the State. The money and blood of their non-Muslim subjects are not protected.

Article 187
All military treaties and pacts, of whatever source, are absolutely forbidden. This includes political treaties and agreements covering the leasing of military bases and airfields. It is permitted to conclude good-neighbouring, economic, commercial, financial, cultural and armistice treaties.

Article 188
States which are not actually belligerent, imperialist and do not have designs on the State are allowed to open embassies in the State. However, the activities of such embassies are not to be cultural or political, and there should be restrictions on their movements and authorities.

Article 189
The State will open embassies in the states that are not actually belligerent, according to the interest of daâwah. Among the activities of such embassies is to deliver the Islamic call (daâwah).

Article 190
The State is forbidden to belong to any organisation which is based on something other than Islam or which applies non-Islamic rules. This includes international organisations like the United Nations, the International Court of Justice, the International Monetary Fund and the World Bank, and regional organisations like the Arab League.