It's been over seven months, with 45,000+ civilians killed in P41estine the majority of whom are women and children. Similarly with Muslims worldwide (Burma, Kashmir, Uygurs in East Turkestan etc..), and the silence of "Muslim" rulers is deafening. The only solution is for Muslims to mobilize their armies and unite under a single umbrella of Khilafah, which is the promise of Allah SWT. If you are in a position of power, please raise your voice. If you can't do much, please consider donating to Palestine Red Crescent Society or any other charity organisations which you truly trust, JazakAllah khairan.

Constitution: THE ECONOMIC SYSTEM

Article 119

management ofe 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 taken as the basis for satisfying the needs.

Article 120

The 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.

Article 121

Every individual must have all his basic needs provided for completely by the State, and he/she must be guaranteed to satisfy his luxuries (non-basic needs) to the highest possible level.

Article 122

Allah is alone the owner of property and He has made human beings heirs in it. By this general entrust mankind has acquired the right to possess property. As a consequence of Allah's (swt) permission for the individual to possess property, man has the actual possession.

Article 123

There are three types of property, they are: private property, public property, and State property.

Article 124

Private property is a divine rule determined by the 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.

Article 125

Public property is the shar’a permission for the community to participate in obtaining benefit from the property itself.

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 means (asbab):

a. Work.

b. Inheritance.

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.

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, (i.e. 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 peace. Al ushriah land, together with its benefits, is owned by individuals. Al kharajiah land is owned by the State, and individuals own its benefits. Everyone has the right to exchange, through shar’a contracts, tithed land and the benefits from tax land. All people can inherit these, the same as with other properties.

Article 130

Uncultivated (muwat) land is acquired by giving life to the land, i.e. irrigating it, or by protecting it, i.e. erecting fencing. Cultivated land can only be acquired by way of shar’a means, such as: inheritance, purchasing 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 ul-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 parks.

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 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.

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 parts of the 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 shar’a, i.e. money, trading goods, cattle and grain. It is not taken from anything not specified by the shar’a. Zakah 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-mal and is not to be spent except for 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 only pay the tax that shar’a 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.

Article 143

The State has the right to collect tax from the ummah when the funds of bayt ul-mal are inadequate to cover the expenditure required to undertake all the functions the shar’a has obliged the Muslims to perform. The State is not allowed to impose a tax on the people for a function the shar’a 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.

The budget of the State has permanent sources decided by the AHkam Shari’ah. 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 ul-mal are: spoils (faya), jizyah, 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 revenues derived from the permanent sources of income for bayt ul-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 ul-mal. The obligations are the following:

a. The needs of the poor, the needy, the wayfarers, 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 due on bayt ul-mal., such as constructing roads, extracting water, erecting mosques, schools and hospitals. Unify bayt ul-mal.

d. Meeting emergencies, like natural disasters, famine, floods and earthquakes.

Article 147

Income 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-mal.

Article 148

The expenditure of bayt ul-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 wayfarers, the debtors and jihad are funded from the permanent sources of revenues 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 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.

c. Bayt ul-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 ul-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 ul-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 ul-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.

Article 151

The salary is to be determined according to the benefit of the work, or the benefit of the employee, and not according to the knowledge and/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.

Article 152

The 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.

Article 153

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

Article 154

The 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:

a. The State grants all its citizens liquid and fixed assets from those owned by bayt ulmal, 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.

Article 155

The State 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.

Article 156

The State supervises the whole affairs of industry. It directly undertakes those industries included in the public property.

Article 157

Foreign 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 us and its citizens (such as Israel) is excluded from these rules. The rules applicable to the actual land of war apply to such country in all the relations with it whether trade or otherwise.

Article 158

All 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.

Article 159

Individuals are prevented from possessing laboratories producing materials that could harm the ummah or the state.

Article 160

The State provides free health care for all, but it does not prevent using private medical care 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 ul-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 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/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 like.

Superior Economic Model : Islamic System

Download Original eBook (PDF) :
The System of Islam.pdf