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.

System of Islam

System of Islam

This excellent book is translated from the original Arabic book 'Nidham ul Islam’ by Sheikh Taqiuddin An Nabahani, an Islamic jurist, ‘alim, writer and the founder of Hizb ut-Tahrir - the largest Islamic global political party under a single leadership.

It lays out the fundamentals to develop a strong Islamic personality and da'wah carrier. It begins with laying the foundation by explaining the correct way to belief.

It proves the existence of a creator intellectually and the Quran as the final revelation sent to humanity by Allah (swt). It then goes on to clarify the important creedal concept of Al-Qada wal Qadar (fate and destiny), which is often held in a vague or confused manner.

The third chapter, its largest concentrates on explaining the different ideologies that exists namely Capitalism, Communism and Islam highlighting the differences between them giving the reader a clear framework to understand the world that we live in. After having laid the basis for the correct belief, intellectual and political thinking, it then moves onto address the key Islamic legal principles. The short chapters are intended to focus on the most important aspects such as Usuli subjects like the meaning of Hukm Shar'i, the types of ahkam shariah, Sunnah and emulating (ta'assi) the actions of the Messenger (saw). The last section of the book also clarifies misconceptions regarding spirituality and morals according to Islam as well as articulating the need for a constitution for the future Islamic state.

The Muslims did not lag behind the world due to their adherence to Islam. On the contrary, their regression commenced the day they abandoned this adherence to Islam and they allowed the foreign culture to enter their lands and the Western concepts to occupy their minds. They declined when they abandoned the intellectual leadership of Islam, neglected its da’wah and misapplied its rules (aHkam). Therefore, the Muslims must resume the Islamic way of life if they want the revival (naHDah) to occur. However, they will not be able to resume the Islamic way of life unless they carry the Islamic da’wah by carrying the intellectual leadership of Islam, and establish, by this da’wah an Islamic State which in turn will carry the intellectual leadership of Islam by carrying the Islamic call.

It should be noted that carrying the intellectual leadership by carrying the Islamic da’wah in order to revive the Muslims is undertaken because Islam alone can reform the world, and the true revival cannot be achieved without Islam, whether for the Muslims or others. It is on this basis that the da’wah should be carried out.

The da’wah must be carried to the world as an intellectual leadership from which all systems emanate, and upon this leadership all thoughts are built, and from such thoughts emanate all the concepts that influence one's viewpoint in life, without exception. The Way to Carry the Islamic Da'wah (Tareeqat Hamled Da'wah)

The da’wah should be carried today as it was delivered in the past and should proceed in compliance with the example of the Messenger (saw) , without the slightest deviation from that method in its general and specific details. No regard should be given to the difference in time, for this difference amounts to nothing more than the means and forms. However, the essence and the reality of life has not and will not change, regardless of the passing of ages and changing of peoples and places.

Thus, carrying the da’wah demands frankness, courage, strength, thought and to challenge all that contradicts the fikrah and tareeqah (idea and method) of Islam by facing it and exposing its falsehood, irrespective of the situation and its consequences.

Carrying the Islamic da’wah necessitates that the ultimate sovereignty (siyadah) belongs to the Islamic ideology, regardless of whether it agrees or disagrees with the masses and whether they accept it or reject it and oppose it, or whether it is in accordance with the people's customs or not.

The da’wah carrier (hameled da’wah) does not flatter the people, is not courteous to the authorities or cares for the people's customs and traditions, and does not give any attention to whether the people will accept him or not. Rather he must adhere to the ideology alone and solely express it paying no regard to anything except the ideology. It is not allowed to tell the followers of other ideologies to adhere to their ideologies. Instead, they are invited without compulsion to embrace the ideology (of Islam) because the da’wah requires that there be no other ideology alongside Islam and that the sovereignty be for Islam alone.

"It is He who has sent His Messenger (saw) with the guidance and deen of Haqq, to prevail over all other religions even though the idolaters may abhor it." [At-Tubah: 33]

The Messenger (saw) came to this world with his Message and openly challenged the whole world. He (saw) believed in the Truth he (saw) was inviting the people to and declared war against the red and black (people) i.e. everyone, irrespective of their traditions, customs, religions, doctrines, rulers and masses. He (saw) paid no attention to anything other than the message of Islam. He commenced the da’wah by discrediting the false deities of Quraysh. He (saw) challenged them in their doctrines, discredited them while he was alone, isolated, with no helper and no weapon except his unshakeable and deeply rooted conviction in Islam to which he was inviting. He (saw) did not care for the Arab customs, traditions, religions, or doctrines. In this respect, he (saw) was not courteous nor gave them any regard.

Similarly, the da’wah carrier has to challenge everything. This includes challenging the customs, traditions, erroneous thoughts and concepts, the public opinion when it is wrong even if he has to struggle against it. He has to challenge the doctrines and religions despite the fact that he might be exposed to the fanaticism of their followers and the hostility of those who stick to their distortions.

Delivering the da’wah requires a concern for the complete implementation of the rules of Islam without the slightest concession. The carrier does not accept any truce nor concession, negligence or postponement. Instead, he maintains the matter as a whole and definitively settles it immediately. He does not accept any intercession which would obstruct the truth. Rasool Allah did not accept the request of Thaqif's delegation to be allowed to retain their idol, Allat, for three years before it was demolished, neither did he exempt them from prayer, as pre-conditions for embracing Islam. He refused also to leave Allat for two years or for one month as they had demanded. He refused this request firmly, and decisively, without any hesitation or leniency. This is simply because man has to either believe or not, after all, the result is either Paradise or Hell. However, Rasool Allah did accept their request not to have them demolish their idol by their hands. Instead, he asked Abu Sufyan and al- Mughirairah ibn Shu'abah to demolish it. He definitely did not accept anything less than the complete ‘aqeedah and what it requires of implementation. As for the means and forms of carrying this implementation, the Rasool of Allah accepted them because they are not connected with the nature of the Islamic ‘aqeedah. Therefore, care must be taken in delivering the Islamic da’wah to preserve the completeness of the idea and the completeness of its implementation without any compromise in the fikrah and Tareeqah. There is no harm in using any wasa'il (means) it demands.

Carrying the Islamic da’wah necessitates that every one of its actions be undertaken for a specific objective. The carrier should always be aware of this aim and work towards achieving it, exerting himself relentlessly to fulfil it. Therefore, the carrier would not be satisfied by thought without action and would deem it to be a hypnotic and fanciful philosophy. Likewise, he would not be satisfied by thought and action devoid of any objective, considering this to be a spiral motion which ultimately ends in apathy and despair. Instead, the da’wah carrier has to insist upon connecting the thought with action and uniting the two in working for a specific objective which will be fulfilled in a practical manner and be brought into existence.

Rasool Allah (saw) carried the intellectual leadership of Islam in Makkah. When he realised that the society there would not make Islam the system of society, he began preparing the society of Madinah. In Madinah, he established the State, thereby implemented Islam, carried its message, and prepared the Ummah to convey it after him and to proceed in the same way he had traced. Therefore, carrying the Islamic da’wah in the situation where there is no Khaleefah, should include the call for Islam and the resumption of the Islamic way of life by working to establish the Islamic State which implements Islam and carries its message to the world. Thus, the da’wah is transferred then from a call within the ummah to resume the Islamic way of life to a call to the world carried out by the Islamic State, and from a local da’wah within the Islamic world to a universal da’wah.

The call to Islam should clearly include correcting the prevalent doctrines, strengthening the relationship with Allah (swt), and it should provide solutions for the problems of the people, so that the da’wah becomes vivid in all fields of life. The Prophet (saw) would recite to the people of Makkah the following verses:

"Perish the hands of Abu Lahab." [Al-Masad: 1]

"This is verily the word of an honourable Messenger (saw). It is not the words of a poet. Little it is that you believe." [Al-Haqqah: 40-41]

"Woe to those who deal in fraud, those who when they have to receive by measure from men, exact full measure, but when they have to give by measure or weight to men, give less than due." [Al- Mutaffifin: 1-3]

"For those who believe and do righteous deeds will be gardens beneath which rivers flow; that is the great salvation (the fulfilment of all desires)." [Al-Buruj: 11] In Madinah, he recited:

"Establish prayer and practice regular charity." [Al-Baqarah: 43]

He also recited:

"Go forth (whether equipped) lightly or heavily, and strive and struggle with your property and yourselves in the cause of Allah." [At-Tauba: 41] And he would recite:

"O you who believe, when you deal with each other in a debt for a fixed period of time, reduce it to writing." [Al-Baqarah: 282]

"In order that it does not become (merely) a circuit between the wealthy among you." [Al-Hashr: 7]

"Not equal are the Companions of the Fire and the Companions of the Garden. The Companions of the Garden are the victorious." [Al-Hashr: 20]

Accordingly, the Islamic da’wah should carry to the people the system by which they are to solve their daily life's problems. This is because the secret to the success of the Islamic da’wah is that it is vivid and addresses man in a comprehensive manner as a human being, thereby bringing about a comprehensive and radical change in him.

It is impossible for the da’wah carriers to carry out the responsibility and to effectively discharge their duties unless they rooted within themselves the motivation towards perfection and completeness. They should constantly search for the truth, continuously scrutinize all that they know in order to purify their understandings (of issues) from any alien thoughts, and remove away from these understandings anything close to them (in meaning) that might possibly stick to them. This will keep the idea they carry, pure and clear. The purity and clarity of the thoughts is the only guarantee for Islam's success and the continuity of this success.

The da’wah carriers have to carry this duty as an obligation from Allah (swt). They have to embark upon it enthusiastically and delightedly expecting the pleasure of Allah (swt). They must not seek for their work any worldly reward or expect praises from people. They must acknowledge nothing except the pursuit of the pleasure of Allah (swt).

Islam is defined as the deen which Allah (swt) has revealed to our Messenger Muhammad (saw) to organise man's relationship with his Creator, himself and with other human beings. Man's relationship with his Creator revolves around the Aqaid and ‘Ibadat. His relationship with himself includes morals, foodstuffs and clothing. While his relationship with other human beings involves mu'amalat (transactions) and 'uqubat (punishments).

Islam tackles all of man's problems and looks upon man as an indivisible whole. Consequently, it solves man's problems according to one method. Furthermore, Islam has built its system on a spiritual basis, i.e., its creed (‘aqeedah). Accordingly, the spiritual aspect is the basis of its haDarah (civilization ), state, and Shari’ah. This the right spelling of ‘aqeedah

Although the Islamic Shari’ah explained the various systems in precise details, such as the ‘ibadat and mu'amalat and 'uqubat, Islam did not put forward a detailed system for the morals. Rather, it treated the rules of morals as commands and prohibitions from Allah (swt), without viewing their details as morals that should be given special care greater than others. To the contrary, the details of their rules are less than other rules and they are given no particular section in Islamic fiqh. Thus, one does not find in the books of fiqh that contain the AHkam Shari’ah chapters titled "morals". Furthermore, the Fuqaha'a and Mujtahidoon have not paid much attention, in deduction and study, to the subject area of moral rules.

Morals do not affect the building of a society, because society is built upon the systems of life and is affected by thoughts and emotions. Morals have no effect in establishing the society or determining its revival or decline. The effective factor is the general traditions which arises from the concepts about life. The driving factor in society is not morals but the systems applied within it and the thoughts and emotions people carry. Indeed, morals stem from the thoughts, emotions and result from the implementation of the system.

Accordingly, since morals are the product of Allah's (swt) commands and they ensue from the call to the ‘aqeedah and from the implementation of Islam in general, it is impermissible to carry da’wah for morals in society. The call for morals actually reverses the Islamic concepts about life; it keeps people away from understanding the reality and the basic elements of society. It gives people a false satisfaction with individualistic virtues and thus leads to the negligence of the true means of the revival in life. Therefore, to turn the Islamic call into a call for morals is dangerous, for it deludes people into thinking the Islamic call is a call for morality and, consequently, obliterates the intellectual character of Islam and diverts people away from the only method that leads to the application of Islam, i.e. the establishment of the Islamic State. When the Islamic Shari’ah tackled man's relationship with himself, in accordance with the AHkam Shara’iah connected with the moral characteristics, it did not make that a system as it did with the ibadat and mu'amalat. Instead, these AHkam Shari’ah check spellingobserved the fulfilment of certain values which Allah (swt) has commanded, such as truthfulness, honesty, shunning envy and deceit etc. These values are achieved only by the command of Allah (taala) in respect to moral values, such as noble characteristics and virtues. Honesty, for instance, is a moral quality commanded by Allah (swt). Its moral quality should be observed - when it is enacted. It is something which achieves the moral value and so it is called a moral. However, when these moral characteristics are produced as a result of actions and transactions, like purity produced from prayers, and honesty produced from trading, the moral value is not attained, because the aim was not to achieve the moral value when undertaking the action. Rather, the characteristics accrued as a result of performing these actions with the obligatory observance of their rules are moral characteristics of the believer when he worships Allah (swt) and undertakes his transactions. In prayer, the believer fulfils the primary aim of obtaining the spiritual value, and in trading the believer fulfils the aim of achieving the materialistic value while he is characterised with moral characters at the same time.

The shar’a has identified those virtues, the possessor of which is considered to have good morals, and those characteristics the possessor of which is considered to have bad morals. It has encouraged acquiring good morals, and has forbidden bad morals. It has encouraged truthfulness, honesty, cheerfulness, modesty, honouring parents, good relationships with relatives (silaat ur rahm), rescuing people from hardships, and wishing for others what one wishes for himself, etc. The shar’a considers these matters and the like as encouragement to people to follow the commands of Allah (swt). While it has forbidden the acquisition of opposing characteristics, such as: lying, dishonesty, envy, debauchery and the like and considers these matters and the like as prohibition of what Allah (swt) forbade.

Morals are a part of this Shari’ah and a branch of the commands and prohibitions which a Muslim should verify in oneself so as to complete his observance of Islam and the commands of Allah (swt). However, the way in which the whole society attains these morals is by establishing the Islamic emotions and thoughts. Once the community has attained them, the individuals will inevitably acquire them. Most definitely, the way to acquire morals is not through the call to morals in itself, but by the way mentioned above which is establishing the thoughts and emotions. However, the initiation of this process necessitates the preparation of a group by Islam - in its complete form wherein the individuals are part of the group and not independent individuals - to carry the complete Islamic da’wah in the society, and thus bring into existence the Islamic emotions and thoughts. This makes the people embrace morals in huge groups as a result of their embracing Islam in huge groups. It is necessary to understand that this our view that makes morals unconditionally attached to the commands of Allah (swt) and to the application of Islam, and confirms the necessity that the Muslim acquires good morals.

Allah (swt) has mentioned in many surahs of the Glorious Qur'an those characteristics which man should acquire and endeavour to possess. These characteristics consist of the '’aqeedah, ibadat, m’uamalat and morals. These four characteristics should form an integrated whole.

Allah (swt) says in Surat Luqman:

"Behold, Luqman said to his son by way of instruction: Oh my son! Join not in worship (others) with Allah, for false worship (polytheism) is indeed the highest wrong-doing. And we have enjoined on man (to be good) to his parents, in travail upon travail did his mother bear him, and in years twain was his weaning, (hear the command) show gratitude to Me and to your parents, to Me is (your final) Goal. But if they strive to make you join worship with Me things of which you have no knowledge, obey them not, yet bear their company in this life with justice (and consideration), and follow the way of those who turn to Me (in love), in the end the return of you all is to Me, and I will tell you the truth (and meaning) of all that you did. O my son! (said Luqman), if there be (but) the weight of a mustard seed and it were (hidden) in a rock, or (anywhere) in the heavens or on earth, Allah will bring it forth: For Allah understands the finest mysteries, (and) is well acquainted (with them). O my son! establish regular prayer, enjoin what is just, and forbid what is wrong, and bear with patient constancy whatever happens to you, for this is firmness (of purpose) in (the conduct of) affairs. And swell not your cheek (for pride) at men, nor walk in insolence through the earth, for Allah loves not any arrogant boaster. And be moderate in your pace, and lower your voice, for the harshest of sounds without doubt is the braying of the ass." [Luqman: 13-19]

Allah (swt) says in Surat al-Furqan:

"And the servants of (Allah) most Gracious are those who walk on the earth in humility, and when the ignorant (people) address them, they say, Peace!

Those who spend the night in adoration of their Lord prostrating and standing. Those who say, Our Lord! Avert from us the Wrath of Hell, for its Wrath is indeed an affliction grievous; Evil indeed is it as an abode, and as a place to rest in; Those who, when they spend, are not extravagant and not niggardly, but hold just (balance) between those (extremes); Those who invoke not, with Allah, any other god, nor slay such life as Allah has made sacred, except for just cause, nor commit fornication, and any that does this (not only) meets punishment; (But) the Penalty on the Day of Judgment will be doubled to him, and he will dwell therein in disgrace; Unless he repents, believes, and works righteous deeds, for Allah is oft-forgiving, most merciful; And whoever repents and does good has truly turned to Allah with an (acceptable) conversion; Those who witness no falsehood, and, if they pass by futility, they pass by it with honorable (avoidance); Those who, when they are admonished with the Signs of their Lord, droop not down at them as if they were deaf or blind; And those who pray; Our Lord! Grant unto us wives and offspring who will be the comfort of our eyes, and give us (the grace) to lead the righteous; Those are the ones who will be rewarded with the highest place in heaven, because of their patient constancy; therein shall they be met with salutation and peace; Dwelling therein, how beautiful an abode and place of rest!" [Al-Furqan: 63-76]

Allah (swt) says in Surat al-Israâa:

"Thy Lord has decreed that you worship none but Him, and that you be kind to parents. Whether one or both of them attain old age in your life, say not to them a word of contempt, nor repel them, but address them in terms of honor. And out of kindness, lower to them the wing of humility, and say: My Lord! Bestow on them Thy Mercy even as they cherished me in childhood. Your Lord knows best what is in your hearts: If you do deeds of righteousness, verily He is Most Forgiving to those who turn to Him again and again (in true penitence). And render to the kindred their due rights, as (also) to those in want, and to the wayfarer: But squander not (your wealth) in the manner of a spendthrift. Verily spendthrifts are brothers of the Evil Ones, and the Evil One is to his Lord (Himself) ungrateful. And even if you have to turn away from them in pursuit of the Mercy from thy Lord which you do expect, yet speak to them a word of easy kindness. Make not your hand tied (like a niggard's) to your neck, nor stretch it forth to its utmost reach, so that you become blameworthy and destitute. Verily thy Lord does provide sustenance in abundance for whom He pleases, and He provides in a just measure. For He does know all His servants. Kill not your children for fear of want. We shall provide sustenance for them as well as for you. Verily the killing of them is a great sin. Nor come nigh to adultery, for it is a shameful (deed) and an evil, opening the road (to other evils). Nor take life - which Allah has made sacred - except for just cause. And if anyone is slain wrongfully, we have given his heir authority (to demand Qisas or to forgive); but let him not exceed bounds in the matter of taking life; for he is helped ( by the Law). Come not nigh to the orphan's property except to improve it, until he attains the age of full strength; and fulfill (every) engagement, for (every) engagement will be inquired into (on the Day of Reckoning). Give full measure when you measure, and weigh with a balance that is straight; that is the most fitting and the most advantageous in the final determination." [Al-Israâa: 23-35]

The verses in these three surahs represent one complete whole that elucidates the different virtues, clarifies the Muslim character and demonstrates the Islamic personality in its unique and distinguished identity. It is noticeable that these verses are commands and prohibitions from Allah (swt). Some of which are rules connected to 'ibadal; while others are rules connected to m’uamalat and akhlaq. Furthermore, the verses were not confined to moral attributes but they also included Aqaid, ‘ibadat and m’uamalat, as well as akhlaq. They are the characteristics that constitute the Islamic personality. Therefore, confining the subject matter to morals alone will not produce the perfect man and the Islamic personality. Moreover, the morals should be built on the spiritual basis, i.e., the Islamic ‘aqeedah, if they are to achieve the goal for which they exist. Thus the characterisation by it must be built on this ‘aqeedah. The Muslim is not characterised by truthfulness for the sake of truthfulness in itself but because Allah (swt) commanded the Muslim to acquire this virtue, although he seeks to achieve the moral value in telling the truth. Thus morals are not acquired as such for themselves but because Allah (swt) commanded them.

Accordingly, the Muslim should be characterised with moral virtues and perform them obediently and submissively for they are linked with taqwa since morals result from ‘I'badat:

"Prayer forbids lewdness and abomination," [Al-Ankabut: 45]

and are observed during m’uamalat "Religion is the treatment" (i.e. how you treat others), in addition to their being specific commands and prohibitions, then this reinforces them in the Muslim and makes them an indispensable attribute of his character. Therefore, the merging of the morals with the rest of life's systems - though they are independent characteristics - allows the Muslim to be thoroughly and correctly prepared, especially the acquisition of a moral is in response to the commands of Allah (swt) or in avoiding His (swt) prohibitions, and not because such a moral benefits or harms in this life. This makes the acquisition of good morals permanent and resolute as long as the Muslim continues to apply Islam and does not revolve around benefit. This is because the objective of morals is not benefit, but the moral value is acquired for itself and not for materialistic, humanitarian or spiritual values. These values should not be involved in the moral value so as no disorder occurs in performing it or acquisition of them. Moreover, the attention must be paid to the fact that the materialistic value has to be separated from the morals. Likewise performing the moral for the sake of gains and benefits should be avoided, for it constitutes a danger unto it.

In conclusion, morals do not constitute fundamental pillars of a society, but rather they are individualistic. Consequently, society is not bettered by morals but by Islamic thoughts and Islamic emotions, and by the implementation of the Islamic systems. Although morals constitute one of the basic elements of the individual, they are not and should not constitute the sole ones; morals should be accompanied by the aqa'id, ‘ibadat and m’uamalat. Therefore, the individual who possesses good morals but his ‘aqeedah is not Islamic warrants no consideration as he is a Kafir, and there is no sin bigger than Kufr. Likewise, the person who has good morals but does not perform the ‘ibadat nor practices m’uamalat according to the AHkam Shara’iah, is not given any regard. Consequently, it is essential to observe the ‘aqeedah, the ‘ibadat, the m’uamalat and the akhlaq in reforming an individual. It is haram to treat morals alone and to leave the other characteristics. Moreover, it is forbidden to give attention to anything before having full confidence in the ‘aqeedah. The fundamental feature of morals is that they should be built upon the Islamic ‘aqeedah and that the believer should be characterised with them as commands and prohibitions from Allah (swt).

Article 176

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

Article 177

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 ummah affairs. The ummah is to question the State in connection with this task of caring.

Article 178

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 a forbidden action (haram). Political means must not contradict the political methods.

Article 179

Political maneuvres please check spelling are necessary in foreign policy, and the effectiveness of these maneuvers is dependent on concealing (your) aims and disclosing (your) acts.

Article 180

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

Article 181

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

Article 182

The political cause of the Ummah is Islam, in the might of the State, the improvement of the implementation of its rules, and continuity in its call (da’wah) to mankind.

Article 183

Conveying the Islamic da’wah is the core around which the foreign policy revolves, and upon which relations between the State and other states are built.

Article 184

The state's relations 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. Relations with these countries are not considered to be in the realm of foreign policy and every effort should be expended to unify all these countries into one state.

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 relations with such states must be restricted to specific items and specific characters 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 towards them and it would be wrong to establish diplomatic relations with them. Their subjects may enter the Islamic State only with a passport and a visa specific to every individual and for every visit, unless it became a real belligerent country

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.

Article 185

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 186

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.

Article 165

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 166

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

Article 167

The goal of education is to produce the Islamic personality and to provide people with the knowledge connected with life's affairs. Teaching methods are established to achieve this goal; any method that leads to other than this goal is prevented.

Article 168

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 policy and goal of the education.

Article 169

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 170

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

Article 172

The state's curriculum is only one, and no curriculum other than that of the state is allowed to be taught. Private schools, provided they are not foreign, are allowed as long as they adopt the state's curriculum and establish themselves on the State's educational policy and accomplish the goal of education set by the State. Teaching in such schools should not be mixed between males and females, whether the students or the teachers; and they should not be specific for certain deen, madhab, race or colour.

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 obligatory and provided freely in the primary and secondary levels of education. The State should, to the best of its ability, provide the opportunity for everyone to continue higher education free of charge.

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, inventions and discoveries etc. This is done to create an abundance of mujtahideen, outstanding scientists and inventors.

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 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.

Article 108

The primary role of a woman is that of a mother and wife. She is an honor that must be protected.

Article 109

Men and women are basically to be segregated from each other, and they should not meet together except for a need that the shar’a allows it and allows the meeting for its sake, such as trading and pilgrimage (Hajj).

Article 110

Women have the same rights and obligations as men, except for those specified by the shar’ai evidences to be for him or her. Thus, she has the right to practice in trading, farming, and industry; to partake in contracts and transactions; to possess all form of property; to invest her funds by herself (or by others); and to conduct all of life's affairs by herself.

Article 111

A woman can participate in the election and giving of the bai’ah to the Khaleefah, and elect, and also be a member of the Majlis al-Ummah, and can be appointed as an official of the State in a non-ruling position.

Article 112

Women are not allowed to take charge of ruling, thus women cannot hold the positions of Khaleefah mu’awin, wali, ‘aamil, nor to practice any of the actions of ruling. She is not allowed to be a chief judge, a judge in mahkamat ul-MuDHalim nor amir of Jihad.

Article 113

Women live within a public and private life. Within their public life, they are allowed to live with other women, maharam males [males forbidden to them in marriage] and foreign men (whom they can marry) on condition that nothing of the women's body is revealed, apart from her face and hands, and that the clothing is not revealing nor her charms displayed. Within the private life she is not allowed to live except with women or her mahram males;and she is not allowed to live together with the foreign men. In both cases she has to restrict herself with the rules of shar’a.

Article 114

Women are forbidden to be in private (khulwah) with any men they can marry, they are also forbidden to display their charms or to reveal their body in front of foreign men.

Article 115

Men and women must not practice any work that poses danger to the morals or causes corruption in society.

Article 116

Marital life is one of tranquility and companionship. The responsibility of the husband on behalf of his wife (quwamah) is one of taking care, and not ruling. She is obliged to obey her husband and he is obliged to meet the costs of her livelihood according to the seemly standard of living.

Article 117

The married couple must fully assist each other in performing the household duties, with the husband performing all the actions normally undertaken outside of the house, and the woman performing those actions normally undertaken inside the house as best as she can. The husband should provide home-help as required to assist with the household tasks she cannot manage herself.

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, whether the child is male or female. If only one of the parents is Muslim, there is no choice for the child is to join the Muslim parent.

Article 101

The members of the Majlis al-Ummah are those people who represent the Muslims in respect of expressing their views to the Khaleefah when consulted. Non-Muslims are allowed to be members of the Majlis al-Ummah so that they can voice their complaints in respect to unjust acts performed by the rulers or the misapplication of the Islamic laws.

Article 102

The members of the Majlis al-Ummah are elected by the people.

Article 103

Every citizen of the State has the right to become a member of the Majlis al-Ummah, provided he or she is both mature and sane. This applies to Muslim and non-Muslim. However, membership to non-Muslims is confined to their voicing of complaints in respect to unjust acts performed by the rulers or the misapplication of Islam upon them.

Article 104

Consultation (Shura) and the mashura are the seeking of views in absolute terms. These views are not binding in legislation, definitions, intellectual matters such as discovering the facts and the technical and scientific matters. However they are binding when the Khaleefah consults in other practical matters and actions that do not scrutiny or research.

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 binding shura, when the Khaleefah seeks opinion, are decided on the basis of the majority opinion, irrespective of whether it is considered to be correct or not. In all other matters of shura, the correct opinion is sought, whether it is a majority or minority held view.

Article 107

The Majlis al-Ummah is charged with five duties. They are:

1a. To be consulted by the Khaleefah or to advice him on the practical matters and actions which do not need scrutiny or research, such as: affairs of ruling, education, health, and the economy, industry, farming and the like; and its opinion in that is binding.

1b. However in the matters which require scrutiny and research and the technical matters, the financial, the millitary and the foreign policy, the Khaleefah has the right to refer to the majlis for consultation and seeking an opinion; however the opinion of majlis in such matters is not binding.

3.The Majlis has the right to account the Khaleefah regarding all the actions that the state has actually executed , whether they were of the domestic or foreign matters , or the finance or the army and the like . The view of the Majlis is binding wherever the majority opinion is binding and not binding wherever the majority opinion is not.

4. The Majlis has the right to express dissatisfaction with the assistants, governors, and mayors; and in this matter the view of the Majlis is binding and the Khaleefah must discharge them at once.

2. The Khaleefah may refer to the Majlis the rules, the constitution and canons, that he intends to adopt. Muslimmembers of the Majlis have the right to discuss them and express their views about them , but their opinion is not binding.

5. To select the list of candidates standing for the position of Khaleefah; no candidate excluded from this list may stand and the decision of the Majlis is binding. Only Muslim members of the majlis may participate in drawing up this list.

Article 95

The management of the government's affairs and the interests of the people is performed by, and the responsibility of, administrations, directorates and departments.

Article 96

The policy of the administrations, directorates and departments is built upon the efficiency of the system, speed in carrying out the tasks and competence in those who are in charge of administration.

Article 97

Any subject of the State, male or female, Muslim or not, who is suitably competent may be appointed as head or official of any administration, directorate or 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 before the general manager of their administrations, directorates and departments. In respect to conforming to the laws and public orders, they are responsible to the Khaleefah, wali and ‘aamil.

Article 99

The managers and directors of all the administrations, directorates and departments are to be dismissed only for reasons connected with administrative regulations. It is permitted to move them from one post to another and to suspend them. The general manager of each administration, directorate or department is responsible for the appointing, dismissing, transferring, suspending and disciplining.

Article 100

Employees, other than the directors and the managers, are appointed, transferred, suspended, questioned, disciplined or dismissed by the general manager of their administration, directorate or department.

Article 86

The territories governed by the State are divided into units called provinces (wilayat). Each wilayah is divided into units called districts (Imalat). The person who governs the wilayah is called the wali or Amir, and the person who governs the 'Imalah is called the ‘aamil.

Article 87

The walis and the 'aamils are appointed by the Khaleefah. The wali can, if authorised, also appoint the ‘aamils. The walis and ‘aamils must possess the same qualifications as the Khaleefah, i.e., Muslim, male, free, mature, sane, 'adl (trustworthy or competent) and competent in their responsibilities. They have to be selected from the people of piety (taqwa) and strength.

Article 88

The wali has the authority to govern and supervise the performance of the departments in his province on behalf of the Khaleefah. He has the same authority in the province as the delegate assistant has in the Khilafah State. He has command over the people of his province and control over all affairs except finance, the judiciary and the army. He has command over the police in respect of execution, but not in administration.

Article 89

The wali is not obliged to inform the Khaleefah of what he has carried out within his authorised command, but if a new problem arises, he has to wait until he has informed the Khaleefah about it, and then proceeds according to the instructions of the Khaleefah. If, as a result of waiting, the problem would be exacerbated, he must act first and then inform the Khaleefah later on about the reason for not informing him.

Article 90

Every province has an assembly elected from its people, and headed by the wali. The assembly has the authority to participate in expressing opinions on administrative matters and not ruling; their opinions are not binding.

Article 91

The wali's term of office in a particular province is not to be long. He must be discharged whenever he becomes powerful in his province and/or the people become enchanted with him.

Article 92

The wali's appointment is a general responsibility in a defined location. Consequently, the wali is not moved from one province to another. He has to be discharged first and then reappointed.

Article 93

The wali can be discharged if the Khaleefah decides so, or if the majlis al-ummah expresses dissatisfaction with him - whether justified or not - or if the majority of the people of the province show displeasure with him. However, the wali can only be dismissed by the Khaleefah.

Article 94

The Khaleefah must exercise strict control over the walis and continually assess their performance. He must deputise people to monitor them and enquire about them. He has to periodically gather the walis , or some of them, and listen to the complaints of the ummah of them.

Article 66

Judgeship is the pronouncement of the verdict in a binding way. It settles the disputes among people, prevents that which harms the community's rights and eliminates the disputes arising between people and members of the ruling apparatus - rulers and employees - including the Khaleefah and those of lesser rank.

Article 67

The Khaleefah is to appoint a chief judge authorised to appoint, discipline, and dismiss judges within the administrative regulations. The chief judge must be a mature Muslim male who is sane, just and a jurist. The remaining employees of the courts come under the domain of the directorate that administers the court's 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 settles the violations of the community's rights; and

3. The judge of the Court for the Unjust Acts (maHkamat ul-maDHalim) who settles disputes between people and officials of the State.

Article 69

All judges must be qualified by being Muslim, mature, free, sane, 'adl, and a jurist being aware of how to apply rules to incidents. Judges of maHkamat ul-maDHalim 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 maHkamat ul-maDHalim must be given a general appointment to pronounce judgement on all problems, but in terms of location he may be appointed to a particular location or all over the State.

Article 71

The courts should be comprised of only one judge who has the authority to pronounce verdict. One or more judges are however permitted to accompany him with only the authority of advising and assisting. They have no authority to pronounce verdict and their opinion is not binding on the judge who has the sole authority to give judgement.

Article 72

The judge cannot pronounce verdict except in a court session. Evidence and oaths are not considered except in a court session as well.

Article 73

It is permissible to vary the grades of courts in respect to the type of cases. Some judges may thus be assigned to certain cases of particular grades, and other courts authorised to judge the other cases.

Article 74

There are no courts of appeal or cassation, because all judgements are of equal standing. Thus, once the judge has pronounced the verdict it becomes effective and no other judge's decision can overturn it, unless he judged with other than Islam , disagreed with a definite text in the Qur'an, Sunnah or Ijma'a as-sahabah or it appeared that he judged in contradictory to a true reality.

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 is the location one he acquired knowledge of these violations without the need to hold a court session. A number of policemen are put at the muhtasib's disposal to carry out his orders and to execute his verdicts 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 exercise the same authority as the muhtasib in the location and the cases assigned to them.

Article 78

The judge of the maHkamat ul-maDHalim is appointed to remove all unjust acts, committed by the Khaleefah, governor(s), or any official of the State, that have been inflicted upon anyone - whether that person is a citizen or not - living in the domain of the State.

Article 79

Judges in the maHkamat ul-maDhalim of Injustice are appointed by the Khaleefah or the chief judge. As for their accounting , disciplining and dismissal, this is carried by the Khaleefah, the maHkamat ul-maDHalim or the chief judge if authorised by the Khaleefah to do so. However, it is not allowed to dismiss him during his investigation in an unjust act against the Khaleefah, mua'win ut-tafweeDH or the chief judge.

Article 80

There is no limit on the number of judges that can be appointed for the Unjust Acts. The Khaleefah can appoint as many as he may deem necessary to eradicate the unjust acts. Although it is permitted for more than one judge to sit in a court session, only one judge has the authority to pronounce a verdict. The other judges only assist and provide advice, and their advice is not binding on the judge authorised to pronounce the verdict.

Article 81

The maHkamat ul-maDHalim has the authority to dismiss any ruler, governor and official of the State, including the Khaleefah.

Article 82

The maHkamat ul-maDHalim has the authority to investigate any case of iniquity, whether it be connected with officials of the State, the Khaleefah's deviation from the divine rules, interpretation of the legislative texts in the constitution, canons and divine rules within the framework adopted by the Khaleefah or the imposition of a tax, etc.

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 or her behalf. There is no distinction in this matter between the mandator and the proxy. The proxy has the right to be appointed on a salary according to the terms agreed upon between the mandator 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.

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Superior Economic Model : Islamic System

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