These are the basic outlines of the structure of the Judicial system of the Islamic State. Their details provide comprehensive guidelines for both the structure and function of the judiciary, in such a way as to ensure that the objectives of justice under Islam are fulfilled. However, it is not only by means of guidance and clarification of the divine rules that the system maintains its integrity. It has at its disposal the means of effectively enforcing the decisions and judgements that are arrived at by the courts - the punishment (al-‘Uqubat).
- Intro
- 1.Introduction
- 2. Facts about the Khilafah State
- 3. The Orientalist Attack
- 4. Misconceptions
- 5. Humanity at the Cross-roads
- 6. The Ruling System
- 7. The Economic System
- 7.1 Facts About the Economic System
- 7.2 So, You Want to Buy a House
- 7.3 Islam and the Economic Question
- 7.3.1 The Economic Problem as Defined by Islam
- 7.3.2 Objectives of the Islamic Economic System
- 7.3.3 Origin of Ownership
- 7.3.4 Types of Property
- 7.3.5 Economic Enterprises, Riba (Interest) and Hoarding
- 7.3.6 The Role of the State and its policy
- 7.3.7 Economic Development
- 7.3.9 The Bait al-Mal (State Treasury)
- 7.3.11 The Ideal Economic System
- 7.4 Summary Economics in Islam
- 8. The Social System
- 8.1 Facts About the Social System
- 8.2 So, You Want to be a Parent
- 8.3 The Islamic Social System
- 8.3.1 Men and Women in Islam
- 8.3.2 Objectives of the Social System
- 8.3.3 Principles of the Social System
- 8.3.4 Segregation Between Men and Women
- 8.3.5 The Public and Private Life
- 8.3.6 Khalwa - Seclusion
- 8.3.7 Modesty and Lowering the Gaze
- 8.3.8 Not Travelling Alone for More than 24 Hours
- 8.3.9 Relationships and Marriage ( Nikah)
- 8.3.10 Motherhood, Fatherhood and Children
- 8.3.11 Conclusion Social System
- 8.4 Summary Social System in Islam
- 9. The Education System
- 10. The Judicial System
- 10.1 Facts About the Judicial System
- 10.2 So you think you’re safe, do you
- 10.3 The Islamic Judicial System
- 10.3.1 Objective of the Judiciary
- 10.3.2 The Hukm of the Judiciary
- 10.3.3 The Responsibilities of the Judiciary
- 10.3.4 The Appointing of Different Types of Judges
- 10.3.5 The Structure of the Judiciary
- 10.3.6 The Conditions Required for the Position of Judge
- 10.3.7 The Appointment of Judges
- 10.3.8 Qadi al-Qada‘a - The Judge of Judges
- 10.3.9 How the Judges are Removed
- 10.3.10 Punishments
- 10.3.11 Conclusion
- 10.4 The Punishment System in Islam
- 10.5 Summary Judiciary in Islam
- 11. The Way to Revival
- 12. A Vision For The Future
- 12.1 Islam - A World Without Borders
- 12.2 Islam - a Cure for Community Strife
- 12.3 Islam - the Economic Life
- 12.4 Luxuries are not Needs
- 12.5 No Free Market
- 12.6 Islam and Education
- 12.7 Islam and the Judiciary
- 12.8 Islam and the Foreign Policy
- 12.9 Muslim Land is One Land
- 12.10 The Global Effect of the Khilafah
- 13. Carrying the Da‘wah of Islam
- Constitution
- 1 Commencing Ayaat
- 2 General Rules
- 3 The System of Ruling
- 4 The Khalifah
- 5 The Delegated Assistants (Tafwid)
- 6 The Executive Assistant (Tanfidh)
- 7 The Governors
- 8 The Amir of Jihad – The Military Department – The Army
- 9 The Internal Security
- 10 The Foreign Affairs Department
- 11 The Department of Industry
- 12 The Judiciary
- 13 The Administrative System
- 14 The Treasury (Bayt Al-Mal)
- 15 The Media
- 16 The Ummah Council (The Consultation (Shura) and Accounting (muhasabah))
- 17 The Social System
- 18 The Economic System
- 19 The Education Policy
- 20 Foreign Policy
- Social
- Introduction
- 1 The View of Man and Woman
- 2 The Impact of this view on the relationship between Man and Woman
- 3 Regulating the Relations between Man and Woman
- 4 Private Life
- 5 It is Obligatory to Separate Man from Woman in Islamic Life
- 6 Looking at Women
- 7 It is not obligatory for the Muslim Woman to cover her face
- 8 Man and Woman before the Shari'ah Commandments
- 9 The Activities of the Woman
- 10 The Islamic Community
- 11 Marriage
- 12 Women to whom Marriage is Prohibited
- 13 Polygyny
- 14 The Prophet's (pbuh) Marriages
- 15 Married Life
- 16 Coitus Interruptus (al-'Azl)
- 17 Divorce
- 18 The Lineage (An-Nasab)
- 19 The Imprecation (al-Li'aan)
- 20 The Guardianship of the Father
- 21 Custody of the Child
- 22 Maintaining Good Relations with Kith and Kin (Silat-ur-Rahm)
- Education
- 1 Introduction
- 2 Education policy and its organisation in the khilafah state
- 3 General goals of education in the khilafah state
- 4 Teaching method
- 5 Teaching means and styles
- 6 School education
- 6.1 Goals of school education
- 6.2 School education stages
- 6.3 School terms
- 6.4 Study subjects
- 6.5 Teaching units
- 6.6 State schools and the system of school terms
- 6.7 Study subjects and stages
- 6.8 Success and failure in state schools
- 6.9 General examination for the school stages
- 6.10 Class periods and subjects
- 6.11 School calendar
- 6.12 Simple vocational institutes
- 7 Higher education
- 8 Higher education diplomas and degrees
- 9 Attachment
- History
- 1 Introduction
- 2 The Starting Point
- 3 Building the Sahabah
- 4 The Launching of the Da’wah
- 5 Hostility Against the Da’wah
- 6 The Interaction of the Da’wah
- 7 The Two Stages of the Da’wah
- 8 The Expansion of the Da’wah
- 9 The First Pledge of Al-Aqabah
- 10 The Da’wah in Madinah
- 11 The Second Pledge of Al-Aqabah
- 12 Establishing the Islamic State
- 13 Building the Society
- 14 The Preparation for Jihad
- 15 The Jihad Begins
- 16 Life in Madinah
- 17 Debating the Jews and the Christians
- 18 The Battle of Badr
- 19 Dealing with Banu Qaynuqa’
- 20 Managing the Dissension
- 21 The Battle of Al-Ahzab
- 22 The Treaty of Al-Hudaybiyah
- 23 The Battle of Khaybar
- 24 Delegates to the Neighbouring Countries
- 25 The Battle of Mu’tah
- 26 Liberation of Makkah
- 27 The Battle of Hunayn
- 28 The Battle of Tabuk
- 29 Dominating the Peninsula
- 30 The Structure of the Islamic State
- 32 The Continuity of the Islamic State
- 33 The Domestic Policy of the Islamic State
- 34 The Foreign Policy of the Islamic State
- 35 Jihad to Carry Islam
- 36 Consolidation of the Islamic Conquests
- 37 Moulding People into One Ummah
- 38 The State’s Weakness Causes & Factors
- 39 The Disintegration of the Islamic State
- 40 The Missionary Invasion
- 41 The Crusaders’ Hatred
- 42 The Effects of the Missionary Invasion
- 43 The Political Siege of the Islamic World
- 44 The Destruction of the Islamic State
- 45 Preventing the Establishment of the Islamic State
- 46 The Neglected Duty
- 47 Obstacles in Establishing the State
- 48 How the Islamic State Would Rise
- Economic
- 1. Introduction to the Economic system
- 2 Economy
- 3 Types of Ownership - Private Ownership
- 4 The First Means of Ownership - Work
- 5 The Work of the Employee - Worker
- 6 The Second Means of Ownership
- 7 The Third Means of Ownership
- 8 The Fourth Means of Ownership
- 9 The Fifth Means of Ownership
- 10 The Way to Dispose of Property
- 11 Trading and Manufacturing
- 12 The Laws of Partnership - Companies
- 13 Capitalist Companies
- 14 The Prohibited Methods of Increasing Ownership
- 15 Right of Disposal to Spend in Gifts and Maintenance
- 17 State Property
- 18 Nationalised Property is neither Public nor State Property
- 20 Factories
- 21 Bait ul Mal (The State Treasury)
- 22 Distributing Wealth among the People
- 23 Riba and Currency Exchange (Sarf)
- 24 Money-Currencies (An-Nuqood)
- 25 Foreign Trade
- Ruling
- Foreword
- Introduction
- 1 Ruling in Islam
- 2 The Islamic State
- 3 The principles of ruling
- 4 The structure of the state
- 4.1 The Khaleefah
- 4.2 Conditions of the Khaleefah
- 4.3 The conditions of preference
- 4.5 The verdict on the usurper
- 4.6 By which people is the Khilafah contracted
- 4.7 Who appoints the Khaleefah
- 4.8 The Bay'ah
- 4.9 Seeking the Khilafah
- 4.10 The method of appointing the Khaleefah
- 4.11 Designating or appointing a crown prince
- 4.12 Succession to the throne
- 4.13 The time term of the Khaleefah
- 4.14 The time limit given to the Muslims to appoint a Khaleefah
- 4.15 The unity of the Khilafah
- 4.16 The mandatory powers of the Khaleefah
- 4.17 The Khaleefah’s method of looking after the subjects’ affairs
- 4.18 The Khaleefah is restricted in adoption by the divine rules
- 4.20 The Ummah does not reserve the right to remove the Khaleefah
- 4.21 The Court of Unjust Acts is the only body that could legitimately remove the Khaleefah
- 5 The Khilafah State is a human state not a theological
- 6 Leadership in Islam is singular and not collectivey
- 7 The Khaleefah’s assistants
- 8 The Ameer of Jihad
- 9 The Army
- 10 The Wulat (Wulah) Governors
- 11 Judiciary
- 11.1 Types of judges
- 11.2 The conditions required for the post of judges
- 11.3 The appointment of judges
- 11.4 The forming of tribunal courts
- 11.5 Al-Muhtasib
- 11.6 The mandatory powers of the Muhtasib
- 11.7 Qadhi of Mazaalim
- 11.8 The appointment and the removal of the judges
- 11.9 The mandatory powers of the Mazaalim judge
- 12 The administration system
- 12.1 The administrative system is a style of administration - not ruling
- 12.2 Discharging of interests is part of ruling affairs
- 12.3 The administraion details
- 12.4 The policy of the administration of interests
- 12.5 Those who are eligible to be civil servants
- 12.6 The civil servants are state hired staff
- 13 The Council of the Ummah
- 13.1 The right of the Shura
- 13.2 The rule of Shura
- 13.3 Electing the members of the Council of the Ummah
- 13.4 The membership term of the Council of the Ummah
- 13.5 Membership of the Council of the Ummah
- 13.6 The mandatory powers of the Council of the Ummah
- 13.7 The right of speech and expression of opinion
- 14 Islam must be implemented as a whole. Gradual implementation is Haram
- 15 Islam forbids ruling by a police state
- 16 Establishing political parties is Fard Kifayah
- 17 The guarantee of the implementation of Islam
- Funds
- Introduction
- The Bait ul-Mal
- Funds of the Khilafah State
- 4 Funds
- 5 Al-Anfal and the Spoils of War, Al-Fai' and the fifth
- 6 The Kharaj
- 7 Standards of Lengths, Areas, Measures And Weights
- 8 Jizya
- 9 Public Properties and their types
- 10 State property, Land, Buildings, Utilities and their revenues
- 11 Al-’Ushur (Tithes) Taxes
- 12 Illicit money from the rulers or civil servants money
- The Funds (Amwal) of Sadaqat
- Currencies (An-Nuqud)
- Method
- Foreword
- Introduction
- 1 Part One : The Khilafah is the Vital Issue
- 2 Part Two : The Khilafah is an Obligation
- 3 Part Three : The Need for Ijtihad
- 4 Part Four : The Invalid Methods
- 5 Part Five : The Method
- 5.1 The establishment of Political Parties
- 5.2 The example of the Messenger (saw)
- 5.3 The Prophets’ methodology for establishing the Islamic State
- 5.4 The first stage of the Da’awah: The Stage of Culturing (Dawr al-Tathqeef)
- 5.5 The Second Stage of the Da’awah: The Interaction Stage (Dawr al-Tafa’ul)
- 5.6 Seeking the Nussrah
- 5.7 The Third stage of the Da’awah: The Stage of Ruling
- 5.8 Implementing Islam and carrying the Islamic Da’awah
- 6 Part Six : The Return of the Khilafah