The Introductory topic
(The concept of the nation and its belief)
The Initial article
The official religion of the nation is Islam
Allah says
أَفَغَيْرَ دِينِ اللَّهِ يَبْغُونَ وَلَهُ أَسْلَمَ مَنفِي السَّمَاوَاتِ وَالْأَرْضِ طَوْعًا وَكَرْهًا وَإِلَيْهِ يُرْجَعُونَ (83)سورة آل عمران
Do they desire a religion not the religion of God, and to Him is the muslims of those in the heavens and the earth, willingly or unwillingly, and to Him they shall be returned (83) Surah Al-Imran
The second article
The original or basic Islamic law (the Holy Quran and the Sunnah of the Prophet) is the basic law of the nation
Allah says
ثُمَّ جَعَلْنَاكَ عَلَىٰ شَرِيعَةٍ مِّنَ الْأَمْرِ فَاتَّبِعْهَا وَلَا تَتَّبِعْ اهْوَاءَ الَّذِينَ لَا يَعْلَمُونَ (18)سورة ا Then We made you according to a law in the matter, so follow them, and do not follow the desires of those who do not know (18)
The Third article
God - may He be glorified and exalted - is the legislator and ruler
Allah says
وَأَنزَلْنَا إِلَيْكَ الْكِتَابَ بِالْحَقِّ مُصَدِّقًا لِّمَا بَيْنَ يَدَيْهِ مِنَ الْكِتَابِ وَمُهَيْمِنًا عَلَيْهِ ۖ فَاحْكُم بَيْنَهُم بِمَا أَنزَلَ اللَّهُ ۖ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ عَمَّا جَاءَكَ مِنَ الْحَقِّ ۚ لِكُلٍّ جَعَلْنَا مِنكُمْ شِرْعَةً وَمِنْهَاجًا ۚ وَلَوْ شَاءَ اللَّهُ لَجَعَلَكُمْ أُمَّةً وَاحِدَةً وَلَٰكِن لِّيَبْلُوَكُمْ فِي مَا آتَاكُمْ ۖ فَاسْتَبِقُوا الْخَيْرَاتِ ۚ إِلَى اللَّهِ مَرْجِعُكُمْ جَمِيعًا فَيُنَبِّئُكُم بِمَا كُنتُمْ فِيهِ تَخْتَلِفُونَ (48)
And We have sent down to you the Book with truth, confirming what came before it of the Book, and dominant over it, then judge between them by what God has revealed, and do not follow their whims from what has come to you of the truth, for each of you we have made a law and a method, and had God willed, He could have made you one nation, but to test you in what He has given you, So race to do good. to Allah is your return all together, and He will inform you of that in which you used to differ (48)
The article four
The legal system in Islam is a centralized system, while the administrative system is a decentralized federal system, i.e. the state system
Allah says
ثُمَّ رُدُّوا إِلَى اللَّهِ مَوْلَاهُمُ الْحَقِّ ۚأَلَا لَهُ الْحُكْمُ وَهُوَ أَسْرَعُ الْحَاسِبِينَ (62)سورة الأنعام ) Then they are returned to Allah, their true Master, ۚ for him: the judgment and He is the quickest of the reckoning (62) Surah Al-An’am.
The article five
Messengers and successors (presidents, kings, princes, sultans, etc.) All of them are under the command of God Almighty to implement the Sharia on earth and forget - you can say that they are commanded by God Almighty on earth.
Allah says
إِنَّا أَرْسَلْنَاكَ شَاهِدًا وَمُبَشِّرًا وَنَذِيرًا لِتُؤْمِنُوابِاللَّهِ وَرَسُولِهِ وَتُعَزِّرُوهُ وَتُوَقِّرُوهُ وَتُسَبِّحُوهُ بكْرَةً وَأَصِيلًا إِنَّ الَّذِينَ يُبَايِعُونَكَ إِنَّمَا يُبَايِعُونَ اللهَ يَدُ اللَّهِ فَوْقَ أيْدِيهِمْ فَمَنْ نَكَثَ فَإِنَّمَا يَنْكُثُ عَلَى نفْسِهِ وَمَنْ أَوْفَى بِمَا عاهَدَ عَلَيْهُ اللَّهَ فَسَيُؤْتِيهِ أَجْرًا عظِيمًا [سورة الفتح:8-10]
We have sent you as a witness, a bearer of glad tidings, and a warner, that you believe in God and His Messenger and support him and honor, glorify Him morning and evening those who swear allegiance to you only swear allegiance to God, God's hand is over their hands, so whoever reneges on it is only against himself, and whoever fulfills his covenant with God, He will give him a great reward [Surat Al-Fath: 8-10]
The article six
All Muslims scattered in the countries of the world are one Islamic nation.
The article seven
There are no borders within the Islamic Ummah except for the administrative borders that exist between the states, and some exceptions, such as the presence of Israel within the Islamic nation, or the existence of an Islamic state that is far from the Islamic nation, but it is affiliated with the Islamic nation, like Indonesia and other states of the Islamic Ummah.
The article eight
If the population of any country is more than half of it Muslims, then this country is considered a state belonging to the Islamic Ummah even if the system of government is non-Islamic, and the Islamic nation is found in the basic principles of the Islamic constitution, that state must fight against the ruling regime and whoever supports it until it overthrows it and replaces it by any means and at any price, because it is not permissible for ruling systems to remain in the hands of a non-Muslim minority.
The article nine
Or it is not permissible to form parties within the Islamic Ummah unless the ruling system is infidel and hypocritical, or there are non-Muslims with Muslims in the same state, in this case the nation must form the Islamic Ummah will not be dispersed by a unified movement, front or bloc to confront the government or non-Muslims, and not be an easy prey for enemies.
Allah says
وَمَن يَتَوَلَّ اللَّهَ وَرَسُولَهُ وَالَّذِينَ آمَنُوا فَإِنَّحِزْبَ اللَّهِ هُمُ الْغَالِبُونَ (65) المائدة
And whoever takes Allah as a allies, and His Messenger and those who believe, Indeed, the party of God will be victorious (65) Al-Ma’idah
The article ten
The head of the nation is called the king, caliph, or imam. There are many verses related to these terms in the Holy Qur’an, including
Almighty saying
وَقَالَ لَهُمْ نَبِيُّهُمْ إِنَّ اللَّهَ قَدْ بَعَثَ لَكُمْ طَالُوتَ مَلِكًا ۚ قَالُوا أَنَّىٰ يَكُونُ لَهُ الْمُلْكُ عَلَيْنَا ونَحْنُ أحَقُّ بِالْمُلْكِ مِنْهُ وَلَمْ يُؤْتَ سَعَةً مِّنَ الْمَالِ ۚ قَالَ إنَّ اللهَ اصْطَفَاهُ عَلَيْكُمْ وَزَادَهُ بَسْطَةً فِي الْعِلْمِ والْجِسْمِ ۖ واللهُ يُؤْتِي مُلْكَهُ مَن يَشَاءُ ۚ وَاللَّهُ وَاسِعٌ علِيمٌ (247)البقرة
And their prophet told them that God had sent you Taloot as king, they said how can he have the kingdom over us while we are more entitled to the king more than him, and he was not given much money, and he said, "God has chosen him over you, and he increased him abundantly in knowledge and body. And God gives His kingdom to whom He wills, and God is wide, Knowing (247) Al-Baqara
The second topic (the system of government)
This topic shows the form of the system of government in Islam and the foundations on which it was built. It also shows the three bodies and their specializations, which are the Shura and Sub-Legislation Authority, the Executive Authority, and the Judicial Authority.
The Article eleven
The legal system in Islam consists of three bodies, instead of three authorities, which are the executive body, the Shura Council and subsidiary legislation, the judicial body; Because the authority and rule in the Islamic system belongs to God Almighty, and each body has a president, and the president of the executive body, He is the head of the nation or state. These three bodies together implement the rule of God in the nation on earth. This was explained in many verses of the Holy Quran.
Allah says
وَأَنزَلْنَا إِلَيْكَ الْكِتَابَ بِالْحَقِّ مُصَدِّقًا لِّمَا بَيْنَ يَدَيْهِ مِنَ الْكِتَابِ وَمُهَيْمِنًا عَلَيْهِ ۖ فَاحْكُم بَيْنَهُم بِمَا أَنزَلَ اللَّهُ ۖ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ عَمَّا جَاءَكَ مِنَ الْحَقِّ ۚ لِكُلٍّ جَعَلْنَا مِنكُمْ شِرْعَةً وَمِنْهَاجًا ۚ وَلَوْ شَاءَ اللَّهُ لَجَعَلَكُمْ أُمَّةً وَاحِدَةً وَلَٰكِن لِّيَبْلُوَكُمْ فِي مَا آتَاكُمْ ۖ فَاسْتَبِقُوا الْخَيْرَاتِ ۚ إِلَى اللَّهِ مَرْجِعُكُمْ جَمِيعًا فَيُنَبِّئُكُم بِمَا كُنتُمْ فِيهِ تَخْتَلِفُونَ
(48)And We have sent down to you the Book with truth, confirming what was before his hands of the book, and dominant over it, then judge between them by what God has revealed, and do not follow their whims from what has come to you of the truth, for each of you we have made a law and a platform, and if God had willed, He could have made you one nation, but that He may test you concerning what He has given you, so race to do good. To Allah is your return all together, and He will inform you of that in which you used to differ (48)
The article tweleve
The terms of reference of the Shura Council and subsidiary legislation are:
Interpretation of Quranic verses and hadiths of the Prophet when needed, issuing decisions and instructions and taking the necessary measures in case of necessity, to consider issues and issues of the nation related to religious and social matters, as well as to have competences related to administrative, political, financial and military matters, It has powers to remove the president of the nation and the head of the Shura Council and subsidiary legislation in case they deviate from the application of Islamic law and do not perform their duties properly, In order to remain in its position, the nation must remove them, even by force, and one of its prerogatives is to declare another war, and the joint one with the president of the nation is; establishing or severing relations with other countries, or stopping them, declaring or canceling emergency, appointing ambassadors in other countries, appointing judges and senior officials in the state or in other countries, punishing or holding the head of the nation and the head of the Shura Council accountable. when there is a default in their job, as well as isolating, punishing or holding employees and senior officials accountable at home and abroad in the event of a default in their job, such as ministers, commanders in the army, judges, national security officials, ambassadors, representatives, and the like, when they carry out actions that may affect the unity and safety of the nation. as well as ratification of the nation's general budget. And the issuance of decisions, and to take measures by a majority of 60% of the members of the Shura Council and Sub-Legislation. The meeting of the commission is according to need without specifying the time. (personal opinion of the researcher)
The article thirteen
The delegates of the nation are the poles of religious scholars elected from among the religious scholars and poles of professors and teachers elected from among the professors and teachers, the leaders of the intellectuals elected from among the intellectuals, and the leaders and notables of the clans elected from among the notables of the clans. This is the first stage for appointing the representatives of the nation, this stage is called the popular choice in the United States.
The Article fourteen
The nation's delegates elect from among themselves the president of the nation (the head of the executive body) and the members of the Shura Council and subsidiary legislation, as for the members of the Shura and Sub-Legislation Commission, they elect a chairman for the commission from among themselves.
The article fifteen
Members of the Shura and Sub-Legislation Commission shall continue in their positions for life, except for the following cases: the nation must dissolve the Shura Council and subsidiary legislation in the event that most of its members deviate from Islamic law, or excluding delinquent members only from the membership of the commission if the delinquents are less than half of the commission’s members and with the approval of 60% of the commission’s members, likewise, a member may be referred to retirement in the event of chronic illness, disability, failure to continue working regularly, or old age, or because of a crime and a penalty that leads to imprisonment, or a request of his own accord for reasons of his own, and the like. As mentioned above, deviation is the failure to apply Islamic law completely and correctly, i.e. the deviation of the members of the commission into immorality and unfairness.
The Article sixteen
The president of the nation continues in his position for life except in the following cases: such as a chronic illness, whether physical or mental, or old age so that he cannot perform his job well and completely, or if the president resigns from office on his own for reasons of his own. If the president deviates from applying Islamic law to himself or to the nation, then in this case the nation must remove him, even by force, Imam Al-Shafi’i (may God be pleased with him) said that: ((The imam is dismissed due to immorality and injustice) As for our opinion, he did not allow the action of the nation to isolate him, giving the president of the nation a period of three months to leave immorality and injustice.
The article seventeen
The president of the executive authority (the president of the nation) has broad and important powers, and its important powers are; He is considered a general commander of the Islamic armies, he takes important and dangerous decisions after consulting and obtaining the approval of the members of the Shura Council and subsidiary legislation, monitoring the work of the Shura Council and subsidiary legislation, appointing and dismissing senior statesmen including governors, judges, military commanders, and diplomats, He is primarily responsible before the nation for preserving the nation's sovereignty, security and stability. Likewise, he must submit to decisions, and the procedures issued by the Shura Council and subsidiary legislation based on Islamic law.
The Article eighteen
The judicial body is an independent, free and impartial body in accordance with the basic Sharia, and none of the other members of the body may interfere in its affairs, except in the event that it deviates from applying the basic Sharia completely and correctly, then its president is appointed and dismissed by the president of the nation according to the need and circumstances, the head of the judicial body must have decent characteristics for the judiciary, the most important of which is a strong belief in God Almighty, competence, intelligence, justice, patience, and so on.
The article nineteen
The head of the judiciary has the power to appoint junior judges in states and cities, He also has the authority to establish other districts with various specializations and varying degrees according to the nation's need for them.
The article twenty
Each type of judiciary has certain specializations, and it is not permissible to consider lawsuits, cases and issues that are not within its jurisdiction.
The third topic: the social system
This topic deals with the social system in Islam and shows the relationships of individuals with each other, the family system and the public morals that Shariah urges adherence to.
Allah says
إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ فَأَصْلِحُوا بَيْنَ أَخَوَيْكُمْ ۚ وَاتَّقُوا اللَّهَ لَعَلَّكُمْ تُرْحَمُونَ (10 ) الحجرات
The believers are but brothers, so make peace between your two brothers, and pious God that you may receive mercy (10) Al-Hujurat
The article twenty one
The social system in Islam is a cooperative and fraternal system, the relationships of individuals with each other or with the group, and the group’s relations with another group are cooperative and fraternal, meaning that cooperation is in accordance with what was brought by Islamic law.
Allah says
وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى وَلَا تَعَاوَنُوا عَلَى الْإِثْمِ وَالْعُدْوَانِ وَاتَّقُوا اللَّهَ إِنَّ اللَّهَ شَدِيدُ الْعِقَابِ [المائدة:2]
And cooperate in righteousness and piety, but do not cooperate in sin and aggression, and pious God, for God is severe in punishment [Al-Ma’idah: 2]
On the authority of Anas bin Malik, may God be pleased with him
The Prophet, may God’s prayers and peace be upon him, said: (None of you believes until he loves for his brother what he loves for himself.” Narrated by Al-Bukhari and Muslim
The Article twenty two
Punishment is in accordance with the Holy Quran and Sunnah, and hudud crimes should be applied, and retribution, blood money, and punishment for the criminal or the guilty as indicated in the Sharia principles of the Islamic constitution, these basic crimes are: adultery, defamation, for theft, corruption in the land (haraba), drinking alcohol, apostasy, transgression, and it is not permissible to pardon him except in accordance with the Sharia also such as retaliation, punishment
The article twenty three
The right of neighbourhood is safeguarded, and it is not permissible for a neighbor to harm his neighbor for his own benefit, the state does not have to interfere in prevention, the private sector, and the community in that neighborhood must prevent this harm.
Allah says
وَاعْبُدُوا اللَّهَ وَلَا تُشْرِكُوا بِهِ شَيْئًا وَبِالْوَالِدَيْنِ إِحْسَانًا وَبِذِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينِ وَالْجَارِ ذِي الْقُرْبَى وَالْجَارِ الْجُنُبِ [النساء:36].
And worship Allah and do not associate anything with Him, and dutiful to your parents, and with relatives and orphans, and the needy, and the neighbor who is a relative, and the neighbor who is aside [An-Nisa: 36].
The Article twenty four
Sanctity of the dwelling It is not permissible to enter a specific dwelling except with the consent of its owner
Allah says
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَدْخُلُوا بُيُوتًا غَيْرَ بُيُوتِكُمْ حَتَّىٰ تَسْتَأْنِسُوا وَتُسَلِّمُوا عَلَىٰ أَهْلِهَا ۚ ذَٰلِكُمْ خَيْرٌ لَّكُمْ لَعَلَّكُمْ تَذَكَّرُونَ (27) سورة النور
O you who believe, do not enter houses other than your own, so that you may be familiarity and say hello to its people, ۚ This is better for you, that you may be remember (27) Surah An-Nur
The article twenty five
A person may not be charged with a charge, whether it is related to adultery or theft, against the innocent, and upon the nation, this should not be a blatant assault, insult, or defamation without witnesses, and the Islamic State or the Islamic State will hold such people accountable and fight them, because such people are nothing but an ailment in the Islamic society, which leads to the dispersion and tearing of the Ummah.
The article twenty-six
The state or the Islamic nation must fight the liars and the owners of sedition, hooligans; because lying is a tool and a malicious pest to destroy society from the base, and he must fight them and combat them by retiring from them, distance from them or banish them from society. The state must strictly prohibit the appointment of liars and rioters in state departments, this can only be done through compelling evidence and valid witnesses, that these people are liars and owners of sedition.
Allah says
يَا أَيُّهَا الَّذِينَ آمَنُوا إِن جَاءَكُمْ فَاسِقٌ بِنَبَإٍ فَتَبَيَّنُوا أَن تُصِيبُوا قَوْمًا بِجَهَالَةٍ فَتُصْبِحُوا عَلَىٰ مَا فَعَلْتُمْ نَادِمِينَ ..الحجرات
O you who have believed, if an evildoer comes to you with news, so prove that you afflict a people out of ignorance, Then you will become remorseful for what you have done .. the rooms
Article twenty seven
If two groups of Muslims fight in the Islamic nation, then the Islamic legal system, He prevented them from fighting, and if they insisted on fighting, then in this case it is against the system, If one of the parties insists on fighting, the regime must stand, He pressures both sides to stop fighting, with the weak side, and he fights against the sect that oppresses the other until it submits to the command, the reality is the command of God Almighty, and the regime and the nation must reconcile them after stopping the fighting.
The article twenty eight
Everyone has the right to own wealth, whether movable or immovable provided that he does not monopolize it and does not exploit it against the Islamic nation, and its source is permissible, and to act in accordance with the provisions of Islamic law.
The article twenty nine
The most important social right is the right to work and the rights that derive from it, the basic right is his right to material or economic security that imposes on the state the obligation to provide productive work, It is rewarding for him, and with the presence of work, the worker is secure in his future and reassured about his present, and by providing appropriate work, the state preserves the worker’s dignity, It makes him feel that he is reaping the fruits of his efforts without waiting for a favour, by providing remunerative work, the worker is guaranteed a decent living and a decent standard of living.
The fourth topic: the economic system
This topic deals with the economic system in Islam, It also shows the form of the economic system in Islamic law and the extent to which it can be applied on the ground
The Article Thirty
No, restricted, the Islamic economic system is not usurious, there is no monopoly or exploitation between the two, according to Islamic law
Allah says
وَكَذَٰلِكَ جَعَلْنَاكُمْ أُمَّةً وَسَطًا لِّتَكُونُوا شُهَدَاءَ عَلَى النَّاسِ وَيَكُونَ الرَّسُولُ عَلَيْكُمْ شَهِيدًا ۗ وَمَا جَعَلْنَا الْقِبْلَةَ الَّتِي كُنتَ عَلَيْهَا إِلَّا لِنَعْلَمَ مَن يَتَّبِعُ الرَّسُولَ مِمَّن يَنقَلِبُ عَلَىٰ عَقِبَيْهِ ۚ وَإِن كَانَتْ لَكَبِيرَةً إِلَّا عَلَى الَّذِينَ هَدَى اللَّهُ ۗ وَمَا كَانَ اللَّهُ لِيُضِيعَ إِيمَانَكُمْ ۚ إِنَّ اللَّهَ بِالنَّاسِ لَرَءُوفٌ رَّحِيمٌ (143)Thus We have made you a middle nation, so that you may be witnesses against the people, and the Messenger will be a witness over you, and We did not place the qiblah that you were facing except that We might know who follows the Messenger from those and who turn on their heels, and if it is too great, except for those whom Allah has guided, and God would not waste your faith. Indeed, God is Compassionate Merciful to people, (143)
Article thirty one
The Islamic economic system has characteristics that differ from all systems of any kind, especially in terms of usury and zakat, Charity, tribute, kharaj, economic situation, the days of the existence of the treasury, It is run by the Central Administration of the Islamic Ummah.
Article thirty two
It is not permissible to mix or merge the Islamic economic system with other systems, this is the destruction of the system, not the positive economy, under the pretext of circumstances, or disturbances or necessity, and the Islamic economics from its roots
Article thirty three
The legal system should prevent banks from dealing in usury, whether governmental (public sector) or private banks (private sector).
Allah says
Those who devour usury will not stand except as the one who the devil falters him, of the touch. that is because they said that selling is like usury, and God permitted selling and prohibited usury, so whoever comes to an admonition from his Lord, then he stops He has what preceded, and his matter is up to God, and whoever returns, they are the inmates of the Fire, and therein they will abide (275)
The article thirty four
Bribery is prohibited in all fields, whether it is in state departments, or in based on the hadith, the private sector or in any other field on the authority of Abdullah bin Omar - may God be pleased with him, about them he said: (The Messenger of God cursed the briber and the one who takes a bribe)
The article thirty five
Not to accept a gift, Any public employee, whether permanent, hidden bribery may not be considered the kind of citizen he needs to complete his transaction, In the departments of the state, and the Messenger of God said: Now, I will use the man among you to do what God has entrusted to me, So he comes and says: this is your money and this is a gift that was given to me. Did he not sit in his father's and mother's home, until his gift comes to him if he is honest, by God, none of you will take anything from it, without his right, except that he will meet God Almighty carrying him on the Day of Resurrection...)
The article thirty six
It is not permissible to monopolize any materials, whether food or others, and prevent their sale or conceal them from the commercial market, Until the prices rise, then sell them at obscene profits, and this is a violation of Islamic law, as stated in the noble hadith: (Whoever hoards food for forty days, he wants it to be expensive, He is a sinner and the covenant of God and His Messenger, who brings Marzouq, has been absolved of him, and the monopolist is cursed, and he mentioned a sobriety in his university, the Messenger of God said: wretched is the monopolistic person, if he hears of cheapness he is displeased, and if he hears of high prices he is happy)
The article thirty seven
The Islamic legal system must set a limit on consumer prices, so that the profit does not exceed a quarter of the cost, except in cases of necessity and exceptionalism, In order to reduce class differences and money does not remain monopolized by a particular class.
Allah says
... كَيْ لَا يَكُونَ دُولَةً بَيْنَ الْأَغْنِيَاءِ مِنكُمْ ۚ وَمَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانتَهُوا ۚ وَاتَّقُوا اللَّهَ ۖ إِنَّ اللَّهَ شَدِيدُ الْعِقَابِ. سورة الحشر
...so that it will not be a circulated between the rich among you, and whatever the Messenger gives you, take it, and whatever he forbids you, abstain from it, and pious God, for God is severe in punishment. Surat Al-Hashr
The article thirty eight
First: It is not permissible to work in the trade of alcohol, intoxicants and drugs that are harmful to humans, not in the trading of tools that are used to play gambling of all kinds and the like, because it involves loss and profit, because it is forbidden in Islam.
Allah says
أَيُّهَا الَّذِينَ آمَنُوا إِنَّمَا الْخَمْرُ وَالْمَيْسِرُ وَالْأَنْصَابُ وَالْأَزْلَامُ رِجْسٌ مِنْ عَمَلِ الشَّيْطَانِ فَاجْتَنِبُوهُ لَعَلَّكُمْ تُفْلِحُونَ
O you who have believed, intoxicants, gambling, and idols are only, and the arrows are an abomination from the work of Satan, so avoid it that you may succeed.
The fifth topic: public rights and freedoms and duties
This topic deals with the general rights and freedoms of individuals, It also shows the duties and obligations that fall It is upon them to defend the Islamic religion and protect the Islamic state, from enemies according to Islamic law
The article forty one
Rights, freedoms and duties should be in the light of Islamic law, surely everything that is in international documents and in regional or local, or in constitutional documents related to the Islamic law, and broader than them in many areas, except for the freedoms related to indecency, and evil and corruption, so they are restricted; Because it creates chaos, and out of it emerges injustice
The article forty-two
Man is free in all his actions, actions and transactions, whatever they are within the framework of Islamic law.
The article forty-three
The freedoms forbidden in Sharia are the inadmissibility of buying, selling, carrying and storing all narcotic substances, other than those used for the purpose of medical treatment; Because these substances are harmful to humans physically and healthily, whoever violates this provision will be punished with 40 lashes. 81 The punishment is repeated whenever the act is repeated.
The article forty-four
It is strictly forbidden for women to go outside the house in clothing that provokes men, In terms of not covering the body completely or with transparent or tight clothes that show the woman's charms, whoever violates this will be punished with 20 lashes, and the punishment will be repeated whenever the act is repeated, according to the personal opinion of the researcher
The article forty-five
A person is free to do any work, provided that he does not oppress or affect the interest of others, physically, morally and psychologically, and not contrary to the basic texts of Islamic law.
The Article forty-six
The silence of the Islamic Sharia on some matters is considered permissible to do or leave because it does not violate the provisions of Islamic Sharia, as it came in the authentic hadith: “Allah has imposed an obligation, so do not transgress it, and He has prohibited things, so do not transgress them, And he kept silent about things out of mercy, obligations, so do not waste them, and he set limits for you without forgetting, so do not ask about them
The article forty-seven
All non-Muslims who live in the lands of the Islamic nation and are called the people of dhimma are free in their rituals, studies and thinking, and they dispose of themselves, their money and their trade, with Muslims, with some of them, or with others. Likewise, they are free to resort to the judiciary they desire, whether it is their own or the Islamic judiciary, and other such freedoms, but on the condition that these freedoms do not affect the dignity, safety and security of Muslims under Islamic law.
The article forty-eight
All dhimmis who live in the lands of the Islamic Ummah have obligations and duties in terms of defending the lands of the Islamic Ummah and preserving its dignity, and its safety and security in exchange for the rights and freedoms that Islamic law has given them, because they are individuals belonging to the lands of the Islamic nation, all rights and freedoms are matched by obligations and duties, and on the contrary, all obligations and duties are matched by rights and freedoms, that is, there must be a balance between these two concepts.
The article forty nine
It is not permissible to compel the people of dhimmis to enter the Islamic religion by force, and this contradicts Islamic law. But it is permissible to win the people of dhimmis to Islam, through good morals such as preaching, guidance and advice. They are free in their religion according to Islamic law.
The Article fifty
It is not permissible to recant from Islam after entering it. Because the apostate must explain the reasons for his apostasy, so when there is no valid invalidity for his apostasy, he is forced to create reasons that refute reasons; In order to justify his apostasy, and perhaps these refuting reasons may affect some weak souls among Muslims, and this in turn distorts the reputation of Islamic law, thus, the removal of such people from existence is better than their survival. The apostate is to be killed according to what came in the honorable hadith, the Messenger of God said (Whoever changes his religion, kill him) there are opinions about the duration of the opportunity for the apostate to retract his decision, the important thing is that the apostate should be killed for his apostasy if he insists.
The article fifty one
Every Muslim has the right to deal with non-Muslims in the economic, political and social fields in accordance with Sharia, and it is not permissible to procrastinate, with those who harm the dignity of Muslims and disregard the basic law and manipulate its texts, and they must be boycotted in all fields, when it is not possible to fight or confront them.
The article fifty-two
Appointment to the constituencies the nation is free and fair according to terms of reference and competencies on an equal footing without racial, religious, intellectual, sectarian or gender discrimination except for some positions, the sites are dangerous and sensitive in which only the sincere Muslim is required. In Islam, it is not allowed to designate the word doctrine except for the opinions of the jurists only
The article Fifty-Three
Men have priority in appointments because men are responsible for protecting women, managing them, and providing their banks according to Islamic law, while women have a distinctive feature in managing the affairs of the house, family and children more than men.
The article Fifty Four
Education is open to all without discrimination between Muslims in any respect, and the individual is free to choose the specialization he desires after the initial stages, but according to his competence, and the trustees are also free to choose the sciences they desire, provided that they do not prejudice the Sharia of Islam.
Article fifty-five
The people of the dhimma have the freedom to choose in the judiciary to which they resort, if they choose an Islamic judiciary, they must fully implement the rulings, otherwise the rulings will be enforced against them.
6- The sixth topic - The general and transitional provisions
This topic includes several separate articles related to the protection of the Islamic nation and its lands, as well as the protection of Islamic law from loss.
The article fifty-six
Although major non-Islamic countries were prevented from establishing an Islamic legal system. i.e. the application of the Islamic constitution (Islamic law) in the states of the Islamic Ummah, the nation must unite and resist these deviant regimes by any means and at any price and whatever it may be, because the nation does not stand by pluralism, but rather by the belief that it adheres to, this is on the one hand, or materially, its human loss, and on the other hand, submitting to unjust and deviant regimes, what is called politics today, only reaps cowardice and humiliation.
Allah says
فَلَا تَهِنُوا وَتَدْعُوا إِلَى السَّلْمِ وَأَنتُمُ الْأَعْلَوْنَ وَاللَّهُ مَعَكُمْ وَلَن يَتِرَكُمْ أَعْمَالَكُمْ (35)
So do not be discouraged and call for peace, and you are the Most High, and God is with you, and He will never abandon your deeds (35)
The article Fifty Seven
The Islamic army is a shield for the nation and it is not permissible to interfere in the internal affairs of the nation, except in emergency cases, and his job is to protect the nation and its lands, security, stability and Sharia law.
The article fifty-eight
It is not permissible to appoint the dhimmis in sensitive, important and dangerous positions in the Islamic army and other security departments, because this issue is related to the fate of the Islamic nation.
The article fifty-nine
There is no such thing as sectarianism or sectarianism in Islamic law, as issues, issues, and specific matters are resolved, through the basic law or the secondary law, the most important of which is consensus, analogy and reason.
Allah says
وَالَّذِينَ اسْتَجَابُوا لِرَبِّهِمْ وَأَقَامُوا الصَّلَاةَ وَأَمْرُهُمْ شُورَىٰ بَيْنَهُمْ وَمِمَّا رَزَقْنَاهُمْ يُنفِقُونَ (38)
And those who answered their Lord and established prayer, and their affairs are by consultation among themselves, and they spend out of what We have provided for them (38)
The article sixty
If Muslim scholars (mujtahids) disagree on a specific issue or in resolving a specific issue in the light of the basic and subsidiary Islamic Sharia, the president of the nation must reconcile them and try, if one group insists on their opinion and unjustly oppresses the other, then he must bring their points of view closer together, If one group insists on their opinion and unjustly oppresses the other, the president must stand with the rightful party.
Allah says
وإن طائفتان من المؤمنين اقتتلوا فأصلحوا بينهما فإن بغت إحداهما على الأخرى فقاتلوا التي تبغي حتى تفيء إلى أمر الله فإن فاءت فأصلحوا بينهما بالعدل وأقسطوا إن الله يحب المقسطين }
And if two groups of believers quarrel, then reconcile between them, If one of them transgresses against the other, then fight the one that transgresses until it obeys God's command, If it fails, then reconcile between them with justice and be just, for God loves those who are just.}
Article sixty one
All the previously mentioned articles are the basic principles of Islamic law, It is subject to amendment from time to time, whether the amendment is an addition or deletion or by completing the deficiency in some of its articles, but according to the following conditions:
Firstly
The amendment shall only be every ten years, and in case of urgent need.
secondly
The amendment shall not exceed more than 5% of the total materials.
Third
The amendment does not affect the core of the basic Islamic law
Fourthly
Amendment is not possible unless requested by two-thirds of the mujtahids in Islamic law. A scholar of religion is not a mujtahid unless he takes a professorship in the sciences of Islamic law, or a certificate is given to him with a title from a committee consisting of a sufficient number of old mujtahids. In addition to this, the mujtahid must support him with more than 50%, Islamic religious scholars, whether they are mujtahid or non-mujtahid.
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