The Khaleefah Constitution:
The Social System
Article 108 The primary role of a woman is that of a mother and wife. She is an honour that must be protected.
Article 109 Men and women are basically to be segregated from each other, and they should not mix together except for a requirement permitted by the shari’ah, such as buying and selling, or for a purpose which the shar’a allows mixing, like the pilgrimage.
Article 110 Women have the same rights and obligations as men, except for those specified by the Shari‘ah evidence to be for man. Thus, she has the right to: practice in trading, farming, and industry; to partake in contracts and transactions; to possess all manners 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 bay’ah to the Khaleefah, and elect, and also be, a member of the Majlis ash-Shura, and can be appointed as an official of the State in a non-ruling position. This includes the position of a judge, but not in Mahkamat ul-Madhalim.
Article 112 Women are not allowed to take charge of ruling, thus women cannot hold the positions of Khaleefah, wali, ‘amil, a judge of the Mahkamat ul Madhalim, and is prevented from practising any of the actions of ruling.
Article 113 Women live within a public and private life. Within their public life, they are allowed to live with other women, maharem males [males forbidden to them in marriage] and men 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.
Article 114 Women are forbidden to be in private with any men they can marry, they are also forbidden to display their charms or to reveal their body in front of men they can marry.
Article 115 Men and women must not practice any immoral action or anything which causes corruption within society that may stem from the Shari‘ah rules, such as employing a female or male air host(ess), waiter or barber merely to take advantage of their sex.
Article 116 Marital life is one of tranquillity and companionship. The responsibility of the husband on behalf of his wife is one of taking care, and not ruling her. 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 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, this applies if both parents are Muslim. If one of the parents or guardians is Muslim, there is no choice in the matter, the child is to join the Muslim.