The Khaleefah Constitution:

General

Article 1 The Islamic creed (‘aqeedah) constitutes the foundation of the State. Nothing is permitted to exist in the government’s structure, regime, accountability, or any other aspect connected with the government, that does not take the creed as its source. The creed is also the source for the State’s constitution and canons. Nothing connected to the constitution or canons, is permitted to exist unless it emanates from the Islamic creed.

Article 2 The domain of Islam (Dar al-Islam) is that entity which applies the rules of Islam in life’s affairs and whose security is maintained by Muslims. The domain of disbelief (Dar al-Kufr) is that entity which applies the rules of kufr and whose security is maintained by the kuffar.

Article 3 The Khaleefah is empowered to adopt divine rules (Ahkam Shari‘ah) as canons and articles within the constitution. Once the Khaleefah has adopted a divine rule, that rule, singularly, becomes the divine rule that must be enacted and then implemented. Every citizen must openly and secretly obey that adopted rule.

Article 4 The Khaleefah must not adopt divine rules pertaining to worship, i.e., ibadat, except in connection with alms (zakat) and war (jihad). Also, he is not permitted to adopt any of the thoughts connected with the Islamic creed.

Article 5 All citizens of the Islamic State are entitled to enjoy the divine rights and duties.

Article 6 All citizens of the State shall be trea ted equally regardless of religion, race, colour or any other matter. The State is forbidden to discriminate among its citizens in all matters, be it ruling or judicial, or in welfare.

Article 7 The State implements the divine law on all citizens who hold citizenship of the Islamic State,whether Muslims or not, in the following manner:

a. The divine law is implemented in its entirety, without exception, on all Muslims;

b. Non-Muslims are allowed to follow their own beliefs and worships.

c. Those who are guilty of apostasy (murtad) from Islam are to be executed according to the rule of apostasy, provided they have themselves renounced Islam. If they are born as non-Muslims, i.e., if they are the sons of apostates, then they are treated as non-Muslims
according to their status as being either polytheists (mushriks) or People of the Book.

d. In matters of food and clothing the non-Muslims are treated according to their religions within the limits set by Islam.

e. Marital affairs, including divorce, among non-Muslims are settled in accordance with their religions, but between non-Muslims and Muslims they are settled according to the divine law.

f. All the remaining Shari‘ah matters and rules, such as: the application of transactions, punishments and evidences (at court), the system of ruling and economics are implemented by the State upon everyone, Muslim and non-Muslim alike.This includes the people of treaties (mu’aahid), the protected subjects (ahlu zimmah) and all who submit to the sovereignty of Islam.

The implementation on these people is the same as the implementation on the subjects of the State. Ambassadors and envoys are treated in their affairs according to the arrangements agreed upon with their states.

Article 8 The Arabic language is the language of Islam and the sole language of the State.

Article 9 Ijtihad (personal exertion to derive the Islamic rule) is fard kifayah (a collective duty), the performance of which is obligatory on the community as a whole. If the duty is performed, the rest are relieved from it and every Muslim has the right to exercise ijtihad if he has acquired the necessary conditions to perform it.

Article 10 There is no such thing as a clergy in Islam as all Muslims bear the responsibility for Islam. The State will prevent anything that signifies the existence of a clergy among Muslims.

Article 11 The primary function of the State is the propagation of the invitation (da’wah) to Islam.

Article 12 The only evidences to be considered for the divine rules (Ahkam Shari‘ah) are: the Qur’an, the Sunnah, the consensus of the Companions (ijma’a as-sahabah) and analogy (qiyas). Legislation cannot be taken from any source other than these evidences.

Article 13 Every individual is innocent until proven guilty. No person shall be punished without a court sentence. Torturing is absolutely forbidden and whoever inflicts torture on anyone shall be punished.

Article 14 All human actions are in origin restricted by the divine rules (Ahkam Shari‘ah), and no action shall be undertaken until its rule (hukm) is known. Every thing or object is permitted, i.e., halal, unless there is an evidence of prohibition.

Article 15 Any means that definitely leads to a prohibition (haram) is itself haram.