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16 Constitution: THE RULING SYSTEM


Article 16.

The ruling system of the State is that of a unitary ruling system and not a federation.

Article 17.

Ruling is centralised and administration is de-centralised.

Article 18.

There are four positions of ruling in the State. They are: The Khaleefah , the delegated assistant (moâawin), the governor (wali), the mayor (a'mil) All other officials of the State are employees and not rulers.

Article 19.

Nobody is permitted to take charge of ruling, or any action considered to be of the nature of ruling, except a male who is free, i.e., not a slave, mature, sane, trustworthy ('adl) , competent; and he must not be save a muslim.

Article 20.

Calling upon the rulers to account for their actions is both a right for the Muslims and a fard kifayah (collective duty) upon them. Non-Muslim subjects have the right to make known their complaints about the rulers injustice and misapplication of the Islamic rules upon them.

Article 21.

Muslims are entitled to establish political parties to question the rulers and to access the positions of ruling through the nation (Ummah) on condition that the parties are based on the creed of Islam and their adopted rules are AHkam Shari’ah; the establishment of such a party does not require a license by the State. Any party not established on the basis of Islam is prohibited.

Article 22.

The ruling system is founded upon four principles. They are:

1. Sovereignty belongs to the divine law (shar’a) and not to the people; 2. Authority belongs to the people, i.e., the Ummah; 3. The appointment of one Khaleefah into office is an obligation upon all Muslims; 4. Only the Khaleefah has the right to adopt the AHkam Shari’ah and thus he passes the constitution and the various canons.

Article 23.

The State system is made of eight institutions. They are:

1. The Khaleefah.

2. The delegated assistant (mu’awin at-tafweeD) 3. The executing assistants (mu’awin at-tanfeedh).

4. Amir of jihad.

5. Governors (Wulah).

6. Judges.

7. The state departments 8. The council of the Ummah (majlis al-Ummah).

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Chapters (31)
  1. 1System of Islam
  2. 21 The Way to Belief
  3. 32 Al-QaDaa wal Qadar
  4. 43 The Intellectual Leadership of Islam Part 1
  5. 53 The Intellectual Leadership of Islam Part 2
  6. 63 The Intellectual Leadership of Islam Part 3
  7. 76 The Way to Carry the Islamic Da’wah
  8. 87 The Islamic Civilisation (al-haDarah al Islamiyyah)
  9. 98 The System of Islam
  10. 109 Hukm Shar’ai
  11. 1110 The Types of AHkam Shar’aiah
  12. 1211 Sunnah
  13. 1312 Emulating (at-tassi) the Actions of the Messenger (saw)
  14. 1413 Adopting Divine Rules (AHkam Shar’aiah)
  15. 1514 Constitution and Canon
  16. 1615 CONSTITUTION: GENERAL RULES
  17. 1716 Constitution: THE RULING SYSTEM
  18. 1817 Constitution: THE KHALEEFAH
  19. 1918 Constitution: DELEGATED ASSISTANT mu’awin ut-tafweeD
  20. 2019 Constitution: EXECUTION ASSISTANT mu’awin ut-tanfeedh
  21. 2120 Constitution: AMIR OF JIHAD
  22. 2221 Constitution: THE ARMY
  23. 2322 Constitution: JUDICIARY (QADAAA)
  24. 2423 Constitution: THE GOVERNORS OF THE PROVINCES (WULAH)
  25. 2524 Constitution: THE STATE DEPARTMENTS
  26. 2625 Constitution: THE UMMAH ASSEMBLY (Majlis al-Ummah)
  27. 2726 Constitution: THE SOCIAL SYSTEM
  28. 2827 Constitution: THE ECONOMIC SYSTEM
  29. 2928 Constitution: EDUCATION POLICY
  30. 3029 Constitution: FOREIGN AFFAIRS
  31. 3130 Morals in Islam ( al-akhlaaq fil- Islam)