It is necessary that the Islamic political party is clear upon the nature of the Islamic system and also the way in which the state carries the Da’awah. Indeed the Islamic political party would have to have a very clear adoption upon a host of matters including the following:

The nature of the ruling framework, its structure and function, its application of the Shari’ah rules, a detailed understanding of the nature of the judiciary and how it performs its key functions. The economic principles and system in an elaborate manner and the State revenues, the way in which to manage the economy, its resources, the nature of the taxation systems and state relationship with the private companies and individuals as well as the nature of state properties and funds, such that it is capable of developing an economic policy effectively in accordance with the Shari’ah and what they demanded in terms of obligatory and necessary expenditure. The reality of citizens under the State, for both Muslims and non-muslims. The nature of the application of rules upon both Muslims and non-muslims amongst many other matters.

A draft constitution would be required in order to both visualise the Khilafah state and also for immediate implementation for when the Khilafah is established.

Hizb ut-Tahrir has adopted a detailed constitution and also elaborated upon their evidences and application in a book entitled “Muqadimat ud Dustoor aw asbab al Muwajjabba”, The Introduction to the Constitution or the reasons which make it Obligatory. The book also elaborates upon each key aspect of the ruling, economic, social systems and educational and foreign policies that have been mentioned in the constitution. The following is the first article of a draft constitution outlining the foundation of the Khilafah state and the necessity for the application of Islam in every single aspect and the carrying of the Da’awah.

Article 1: The Islamic Aqeedah (creed) constitutes the foundation of the State. Therefore, nothing is permitted to exist in the State’s structure, regime, accountability, or any other aspect connected with the State, that is not taken from the Islamic Aqeedah as its source. The Islamic Aqeedah is also the source for the State’s constitution and canons. Consequently, nothing related to the constitution or canons is permitted to exist unless it emanates from the Islamic Aqeedah.

The State is born by the initiation of new ideas that establish its foundation and structure. In addition, the power and authority in the State change as these ideas change. If the ideas become concepts and are well understood and believed in, then they affect the human being, who then behaves and proceeds through life according to these concepts. The viewpoint of benefits change as the perspective on life changes, and authority and power constitute the mechanism that supervises and administers these benefits. A unique idea that establishes a particular perspective on life forms the basis of the State as well as the fountain of its power, authority, systems and constitution. Because this particular idea about life is manifested in a group of concepts, standards and convictions, this group is considered the foundation while the authority is a caretaker of the affairs of the people, as well as the supervisor who sees that the caretaking of the people are carried according to this group of concepts, standards and convictions. This group of ideas establishes in totality the view of life and, according to this, the view of caretaking is established, and the power carries out those functions. From this understanding the State is defined as “A body (or entity) established upon a group of concepts, standards and convictions that a group of people embrace, which exercises its authority to preserve and safeguard those ideas.” The group of ideas that the state is built upon either stems from a fundamental thought or no unique thought. If the group of ideas is built on a fundamental thought, then it would have a strong foundation with unshakable corners. In such a scenario, the state would be established upon a unique thought which provides the sole source of all its concepts, sentiments, constitutions and systems. If the state is not established upon a fundamental thought, then it would have a weak foundation that could be toppled easily or colonised by outside entities. Such a weak foundation would be easily subjected to foreign ideas and concepts, which would eventually invite the way for outside forces to destroy its body.

The Islamic State is built upon the Islamic Aqeedah because the group of concepts, standards, and convictions that the Islamic Ummah has accepted emanates from an intellectual creed. The Islamic Ummah accepted this creed and believed in it as an intellectual one by taking its definitive and conclusive proof. Upon this intellectual belief, the Muslims are obliged to submit completely to the Islamic Aqeedah in its entirety and to make the Islamic creed the sole basis of their lives, their standards, their thoughts and concepts, and their sentiments.

As a result, this Aqeedah establishes the Ummah’s overall idea about life and the basis of its viewpoint on life. Also, the Ummah’s view of benefits results from it, and from this Aqeedah, the Ummah takes the group of concepts, standards and convictions. Therefore the Islamic Aqeedah is the basis of the Islamic State.

Moreover, the Islamic State was established by the Messenger (saw) on a specific basis. As a result, this basis must be the foundation of the State at any time and place. When the Prophet (saw) established the authority and took over the rule in Madinah, he established it on the Islamic Aqeedah from the first day even though the verses that deal with legislation were not yet revealed. The Prophet (saw) established the foundation of the Muslims’ life, the judgments, relations and affairs of the people, as well as authority, power and ruling, upon the saying: “There is no deity worthy of worship except Allah, and Muhammad is the Messenger of Allah.” The Prophet (saw) also ordered Jihad and made it an obligation on Muslims to carry the Islamic Aqeedah to all people. Upon this mechanism, the Islamic State was able to propagate Islam to the world and expand its spheres while protecting its frontiers and safeguarding against any attempt to undermine its foundation. The Prophet (saw) said in one Hadith, “I was ordered to fight all the people until they say, ‘There is no deity worthy of worship except Allah, and Muhammad is the Messenger of Allah.’ If they say it, then their blood and money are immune and secure from me except by their (money and blood) rights.” Islam mandated upon the Muslims the authority to implement the Ahkam Shari’ah. The rulers are designated by the Ummah to carry out this responsibility, Allah (swt) made it an obligation upon the Muslims to ensure that Islam would be implemented in its entirety by questioning the rulers, bringing the State and its officials to account before Islam, and maintaining the intellectual thoughts and the Islamic concepts among the people. Allah (swt) mentions the obligation of the Muslims to have a party or group to perform this function:

To maintain that the obedience and loyalty remains to Islam, Allah (swt) ordered the Muslims to obey the rulers only as long as they perform their appointed task of implementing the Islamic rules and to refer to the Ahkam Shari’ah regarding any issue or situation. Many Ahadith establish Islam as the only criterion for obeying the ruler as well as instructing the Muslims to detach themselves from the rulers if they cease to implement Islam.

‘Auf ibn Malik narrates, “The Messenger of Allah (saw) said, ‘The best of your rulers are those whom you love and who love you, who invoke Allah’s blessings upon you and you invoke His blessing upon them. And the worst of your rulers are those whom you hate and who hate you and whom you curse and who curse you.’ It was asked, ‘Shouldn’t we overthrow them with the help of the sword?’ He said, ‘No, as long as they establish the Salah among you’” (Muslim). In this Hadith, the word Salah indicates the rule by Islam.

All of this furnishes the proof that the foundation of the state is the Islamic Aqeedah which the Prophet (saw) established his State upon, ordered the Muslims to protect by Jihad, and obliged the Muslims to fight to maintain it as the foundation of ruling and authority. Based upon these evidences, the first article was put forth.

All matters, whether big or small, important or unimportant, valuable or invaluable, must be approached, examined and resolved based upon the Islamic Aqeedah. Any idea, thought, concept or law that is taken from human intellect, human judgment or any other source than the Islamic Aqeedah and not derived exclusively from the Ahkam Shari’ah is not acceptable. Concepts such as pragmatism, realism or any such idea that make the human being the source of rules and thoughts has no basis.

Also, Islam is a complete system that must be implemented in its entirety. Allah (swt) prohibits any partiality when it comes to Islam. Because the Islamic State is based entirely on the Islamic Aqeedah, such concepts as gradual and partial implementation of Islam are not acceptable. Implementing 20% of Islam would mean implementing 80% Kufr, and Islam rejects any such notion.

The concept of democracy must not be adopted by the State because it contradicts the concepts that emanate from the Islamic Aqeedah and it does not emanate from the Islamic Aqeedah. Democracy comes from the term Demos Cratos, which means ‘Sovereignty to the people’.

Concepts such as nationalism, patriotism and any other form of Asabiyyah (pride in family, tribe, or origins) have no place in Islam because they do not emanate from the Islamic Aqeedah and the Islamic concepts contradict them totally as well as show their dangers. In many Ahadith, the Prophet (saw) strongly emphasises Islam’s prohibition of any form of Asabiyyah. Regarding the second part of the article, its proof is that the constitution is the fundamental law of the State. The proof that Allah (swt) has ordered the ruler to implement the Ahkam Shari’ah is well established in the Qur’an and the Sunnah. Allah (swt) says:

“Nay, by your Lord. They will not be believers until they make you rule in all that concerns them, and find no resistance in their hearts, and submit with full submission.” (TMQ al-Nisa’a, verse 65)

“And so rule between them by what Allah has revealed and follow not their vain desires...” (TMQ al-Ma’idah, verse 49)

Also, Allah (swt) made the State’s legislation confined by the revelation of Allah and warned against ruling by other than Islam:

“...And whosoever does not rule by what Allah has revealed, they are the Kafirun (Disbelievers)” (TMQ al-Ma’idah, verse 44)

Furthermore, the Prophet (saw) mentioned that anything not derived exclusively from Islam, even if it is similar to Islam, is not accepted. Narrated by ‘A’isha (ra), “The Prophet (saw) said, ‘Whoever performs a (good) deed which we have not ordered (anyone) to do (or is not in accord with Islam), then that deed will be rejected and will not be accepted.’” (Bukhari)

All of this proves that the legislation of the State is confined to what emanates from the Islamic Aqeedah and what is derived solely from the Ahkam Shari’ah.