Islamic Constitution Draft (For Discussion)
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Just some changes that I believe should be made to the Constitution
• Article I 7. Citizens are deemed as those persons who carry the nationality at the time of implementing this constitution. The law shall grant citizenship to any person who is legally residing within the borders of the republic and applies for such citizenship at the time of the implementation of this Constitution.
• Article III Elections will be based on districts, whereby each district is defined as an area with a citizen population of of the total population of the republic. Areas that have populations below shall have their number added to the nearest geographic area until that number reaches or exceeds one percent. Seats for the national council will be allotted on the basis of a minimum of one seat for every district, with districts having populations in multiples of one percent being allotted one extra seat for each multiple.
Persons eligible for the national council must be citizens, male or female, sixteen years of age or older, of sound mind and character and must be residents of the district they are elected from.
Eligible voters shall be as those male and female citizens who have reached the age of sixteen or older, and who are present within the borders of the republic at the time of voting.Seats to the national council will be granted to those nominees who achieve a majority vote from the district where they reside. Votes in single member districts will be made on the basis of alternative voting, while votes in multiple member districts will be made on the basis of single transferable voting.
National council members, unless re-elected, shall serve one term of four years beginning on the first day of the first month of the new year.• Article IV The executive powers of the republic shall be placed in a prime minister who shall be elected by the male and female citizens who have reached the age of sixteen or older of . (Quran 2124)
• Article V The high court shall comprise of twelve justices who shall be appointed by the national council and who shall hold office as long as proper conduct and legal adherence is maintained. The high court shall have the responsibility of appointing court judges, presiding over cases of treason, presiding over impeachment of the prime minister or council members, and having the ultimate judicial authority over lower courts.They may only intervene in National Council affairs where the Constitution or, more importantly, the Qur'an are not being adhered to or overruled. In order to decide whether such an act is taking place, the high court must go to a vote. Action must only be taken if there is a 5/6 majority or greater.
• Article VIII Oath of the republic ?I solemnly swear before Allah and before the witness of the citizens of this republic to uphold the role of to the best of my abilities to protect the integrity of the constitution and the republic. I swear to live my life according to the laws and regulations of the republic and to uphold the highest moral character. I swear to work in the best interest of the republic and to constantly strive to improve life for its citizens. I swear never to abuse my position or authority in any way shape or form for personal gain. I swear never to carry favour to any person or persons or group be they family members or friends or acquaintances beyond what is fair and just. I swear to stand for and to promote the laws of peace and justice and equality wherever I may be. I have placed Allah as a witness over this oath of mine, may He have mercy on my soul and guide me to always do what is right.?
In Allah we have placed our trust?
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Amazing project, loved it. Took the time to read most of it. Sounds sane.
Lets see if I can help and contribute.
Peace
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Salaam,
the answer is not in impositions, as a constitution creates, it does not matter you intend the best, it is not the place of one man to impose upon another.
The natural law is the answer, it is universal, inalienable, immutable and can be used in any system to protect you, once you understand it.
The basis of the natural law of the land is a law can only protect it can NEVER impose, if a law does not protect me from encroachment, it does not apply to me.
The systems we suffer world wide at present are systems of imposition, the Qur'an says, their is no compulsion, in other words you cannot force another to comply to your dictates, whether you call yourself a King, prime minister or president, the truth is to invent upon the law makes what is against the law, lawful, which is the very definition of legislation, they legislate what is unlawful into law, however they require your consent to apply that invented law upon you, which they gain through presumptions of law, which you are required to rebut, if you don't they presume you agree to the unlawful invention of law, or legislation, that is why what is legal is in opposition to what is lawful.
That may seem hard to follow; but the answer is in the law, not in adding another layer of rules, regulations and legislations, encroaching into the lives of others, for which you have no business doing, I have written a contract of community, which is what the Qur'an directs, not a constitution of imposition, but simply the natural law explained in the form of a lawful contract, with the systems of business that understanding demands included.
I have also written a Affidavit of Allodium Claim, which reclaims the lawful use of the land held in corporation, it is time the accumulated wealth were stopped from existing as parasites upon the poor, and the true models of Islam provide that.
If you put as much energy into establishing the real models of Islam, as you have in writing the constitution we may begin to see Islam returning to the world.
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Salaam,
the answer is not in impositions, as a constitution creates, it does not matter you intend the best, it is not the place of one man to impose upon another.
agree.
The natural law is the answer, it is universal, inalienable, immutable and can be used in any system to protect you, once you understand it.
agree. Nuclear Bunker is a great thing to own.
The basis of the natural law of the land is a law can only protect it can NEVER impose, if a law does not protect me from encroachment, it does not apply to me.
Earthquake, Hurricane, Floods, Summer, Winter is Natural Law that Impose to you on Earth. Cheyenne Mountain Cave is an example of Natural Law protects its inhabitants.
The systems we suffer world wide at present are systems of imposition, the Qur'an says, their is no compulsion, in other words you cannot force another to comply to your dictates, whether you call yourself a King, prime minister or president, the truth is to invent upon the law makes what is against the law, lawful, which is the very definition of legislation, they legislate what is unlawful into law, however they require your consent to apply that invented law upon you, which they gain through presumptions of law, which you are required to rebut, if you don't they presume you agree to the unlawful invention of law, or legislation, that is why what is legal is in opposition to what is lawful.
agree
That may seem hard to follow; but the answer is in the law, not in adding another layer of rules, regulations and legislations, encroaching into the lives of others, for which you have no business doing, I have written a contract of community, which is what the Qur'an directs, not a constitution of imposition, but simply the natural law explained in the form of a lawful contract, with the systems of business that understanding demands included.
agree
I have also written a Affidavit of Allodium Claim, which reclaims the lawful use of the land held in corporation, it is time the accumulated wealth were stopped from existing as parasites upon the poor, and the true models of Islam provide that.
agree. Its Human nature to have easy Life, some ends up a Parasite.
Affidavit of Allodium Claim works on law abiding Human.
Extreme Parasite, can breach the Contract of Allodium Claim.If you put as much energy into establishing the real models of Islam, as you have in writing the constitution we may begin to see Islam returning to the world.
Some Muslim, decided to use Nation-State model to guard their God-Given Life, against Contract-Destroyer Parasites.
Affidavit of Allodium Claim, and being example of harmony with natural law, do not invite Extreme parasite(parasite that compulsive everseeking ease in life).
volunteer Cooperation without compulsion of Economic development, is a freedom for all human to do, in order to provide abundance of material that'll invite the Extreme Parasites to not be a parasite.
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Salam,
The "Islamic Constitution" is certainly an interesting read.
My views are of Anarcho-Capitalist leanings, so I don't really believe in the concept of a "government". But I do believe in the idea of a libertarian model to achieve anarcho-capitalism.Even still, there are some problems that I see with the document
No branch of government or person from the republic may directly or indirectly finance, sponsor, or engage in, the destabilization or undermining of any country or nation by way of design and/or by way of covert or otherwise armed operations. (Quran 2204-205, 382
Here you are trying to restrict "free" people from engaging in the affairs in other countries? A person cannot help overthrow an oppressive govt in another country?
Surely that sentence can give in to controversies? Define destabilisation? Is providing food to the people of an oppresive government, as a form of "destabilising" the regime there? e.g. take North Korea as an example.Government shall also ensure that intellectual rights be protected from infringement and unauthorized duplication. (Quran 318
I don't see how you derived intellectual property from that quranic ayah. I believe this is your personal view over an Islamic one?
Furthermore, I question the idea of the state using force against another individual simply for copying another persons idea. It fails morally as well i.e. say if someone invents a life saving drug (this life saving drug is cheap to make) and charges ?9. Another rich guy invents it using same formula, but gives it out for free (as it is so cheap to make) to millions (because it is cheaper creating it yourself using the same formula as the other guy, than to buy from him for ?9).
Now the state would rather throw the guy who copied the idea and gave his version of the drug for free in jail and let them people die who do not get the life saving medicine, over allowing the opportunity for lives to be saved? The rule of the constitution is above the rule of morals?
All people have the right to privacy against spying, trespassing, entering homes without the owner?s permission, obtaining, and/or sharing private information. (Quran 2427-29, 4912)
And this doesn't extend to the government? If so, why not? Why does the government have the right to spy, trespass, have private information regarding us, but not others?
I have a few others, but please answer these questions first.
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http//www.progressivemuslims.org/constitution.htm
Objective
We, the people of , hereby enter into a covenant with God, to establish a republic to promote justice, fairness, equality, freedom, and the pursuit of security and happiness for all. (Quran 1690-91)
Peace.
We, the people of , hereby
enter into a covenant with God -> If refer to Allah, it is against unconditional freedom.
-> If refer to other than Allah, it is shirk.to establish a republic -> Election, this constitution will fail miserably.
to promote justice -----------+
fairness |
equality |--> Self-defeating constitution, eg. Tyranny of the majority
freedom | (refer to other Articles freedom - majority - election)
and the pursuit of security | (Who represents the majority in the Qur'an? Disbelievers?)
and happiness for all --------+Justice for whom? Fairness, equality, freedom, security, and happiness for whom? The majority, the disbelievers.
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Peace.
It is preferable for the objective to be related with something not causing "mudharat" (harm) to self, others and all living creatures; and according to their faith.
The priority between .. "prohibition" vs. "command".
What is "prohibited" (prevention/protection/preservation/justly balanced to human beings) should be given priority over what is commanded by Allah (compulsion to other religions or disbelievers, raise resistance).
They said
"Will You place upon it one
who causes corruption therein <- mudharat
and sheds blood
while we declare Your praise and sanctify You?"
(230)So there is no "to promote" in the objective, but "to prevent" (deen, dayn, debt, duty not to cause mudharat, duty to protect).
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Paradise
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Allah's Command
(maximum - mostly not achievable)
(Bonus Level - Level for Individual)
Compromise - Based on sincerity
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100%
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90%
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80%
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70%
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60%
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50%
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40%
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30%
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20%
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10%0 <------------ Prohibition (Do Not) ------------> 0 Minimum Level for Unity in the Society (Foundation)
(Acceptable by all living creatures as justly balanced - Unity - Society will improve from this level)
No compromise
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HellO you who have believed
DO NOT ASK about things
which if they are shown to you
will distress you <- Things that will cause resistance in the society. No unity! Mission failed!
But if you ask about them while the Qur'an is being revealed
they will be shown to you
Allah has pardoned that which is past
and Allah is Forgiving and Forbearing <- It doesn't matter right or wrong, Allah will forgive!
(5101) -
I have an issue with regards to Freedom of Movement
"Such right extends to include the movement of goods."
Does this mean there are no regulations for export/import? What about Fair Trade? Our current Free Trade model has no obligations for duty of care/welfare for labour/work conditions in other nations. We can support freedom of movement of goods on the conditions of Fair Trade.
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I have an issue with regards to Freedom of Movement
"Such right extends to include the movement of goods."
Does this mean there are no regulations for export/import? What about Fair Trade? Our current Free Trade model has no obligations for duty of care/welfare for labour/work conditions in other nations. We can support freedom of movement of goods on the conditions of Fair Trade.
In a true free market economy positive discrimination initiatives like Fair Trade wouldn't exist. Of course, Fair Trade is not so much run by Government but by companies themselves. In theory, there is nothing wrong with that as technically they are just giving their employees a fair wage. This also allows home companies to compete as the price of foreign goods is higher despite production costs being lower.
Its a tricky line to play, and its why many countries spring backwards and forwards at election time because really there isn't a real answer.
The problem with true freedom of trade is technically you wouldn't be able to place boycotts and sanctions on foreign countries for things you didn't agree with. Many early Muslims promoted freedom of movement as it helped establish a proper economy and made sure resources were available in as many places as possible, I don't know how much of that is religiously sanctioned and how much is good commercial sense.
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Constitution is manmade law, a secular.There is no called religious constitution.
Religious constitution including syari'a is just "intepretation" from a Scripture.Even in some theocratic countries, their constitution is still based on humanic thinking but influenced by religious corridors.
I ever study ecomic sharia especially in macro only in one semester after that I stopped.The theories is still similiar with conventional economy but just try to mixing their religious appoarch with mainstream macro-micro theory and studying that is just a waste and full of dogma.
All religious system like Ikhwan Muslimin's Khilafah is just intepretation, God never authorized it.
Scripture especially Quran didn't contains constitution,law charters but a guidance for how we go to heaven, how we became a proper being.
Cheers
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In a true free market economy positive discrimination initiatives like Fair Trade wouldn't exist. Of course, Fair Trade is not so much run by Government but by companies themselves. In theory, there is nothing wrong with that as technically they are just giving their employees a fair wage. This also allows home companies to compete as the price of foreign goods is higher despite production costs being lower.
Its a tricky line to play, and its why many countries spring backwards and forwards at election time because really there isn't a real answer.
The problem with true freedom of trade is technically you wouldn't be able to place boycotts and sanctions on foreign countries for things you didn't agree with. Many early Muslims promoted freedom of movement as it helped establish a proper economy and made sure resources were available in as many places as possible, I don't know how much of that is religiously sanctioned and how much is good commercial sense.
This is a really good question to consider.
