Author Topic: Islamic Constitution Draft (For Discussion)  (Read 4557 times)

Layth

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Islamic Constitution Draft (For Discussion)
« on: June 24, 2003, 04:54:47 AM »
Peace,

For all the legal brains who desire to see an Islamic constitution based on the Quran:

http://www.progressivemuslims.org/constitution.htm

I seek the opinoin of all the brothers & sisters here (especially Leila) to perfect this document.

Layth
`And when God Alone is mentioned, the hearts of those who do not believe in the Hereafter are filled with aversion; and when others are mentioned beside Him, they rejoice!` (The Quran 39:45)

Wakas

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« Reply #1 on: June 24, 2003, 07:37:43 AM »
peace all,

I dont see how from this:
 
?And We taught him the making of armour for you to protect you from your enemy. Are you then thankful?? (21:80)

You can get this:

Right to Possess Arms.

All citizens have the right to keep arms in their place of residence for self defence use only. Such arms are never used to threaten other citizens and are kept safe from being mishandled or causing accidental injury.

I take it this means the right to possess guns?
Armour is primarily defensive, commonly something you wear. Other translators use "garments of protection/mail, shields" for this word. A clarification of the word may be needed.
Right to possess offensive arms is not a clear conclusion from this verse IMHO.


Wakas

ps - is Anwar helping in this project? He made some good points in other threads about the constitution.
All information in my posts is correct to the best of my knowledge only and thus should not be taken as a fact. One should seek knowledge and verify: 17:36, 20:114, 35:28, 49:6, 58:11.

www.studyQuran.org

Nafisa

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Re: Islamic Constitution Draft (For Discussion)
« Reply #2 on: June 24, 2003, 08:27:31 AM »
Quote from: "Layth"
Peace,


I seek the opinoin of all the brothers & sisters here (especially Leila) to perfect this document.

Layth


salaam

I'm no legal eagle but looking at the verse about drinking (as terrible as it is) I think thats something Allah has left to us. If you banned it in wouldn't it drive it underground and increase crime?

Layth

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Islamic Constitution Draft (For Discussion)
« Reply #3 on: June 24, 2003, 09:10:23 AM »
Peace all,

Dear Wakas,

Quote
Right to Possess Arms.

All citizens have the right to keep arms in their place of residence for self defence use only. Such arms are never used to threaten other citizens and are kept safe from being mishandled or causing accidental injury.


Read what is underlined...There is no right to use offensivly which is why the verse and the law are in-tune...

Dear nafisa,

Quote
I'm no legal eagle but looking at the verse about drinking (as terrible as it is) I think thats something Allah has left to us. If you banned it in wouldn't it drive it underground and increase crime?


I thought of the same problem...I am trying not to promote bars and clubs, while at the same time not driving the use undergroud!.

Layth
`And when God Alone is mentioned, the hearts of those who do not believe in the Hereafter are filled with aversion; and when others are mentioned beside Him, they rejoice!` (The Quran 39:45)

Wakas

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« Reply #4 on: June 26, 2003, 11:37:43 AM »
peace layth,

Fundamental rights of citizens should be clear, with little or no interpretation/extrapolation of a verse required. Therefore I still disagree unless further evidence is provided.


Wakas
All information in my posts is correct to the best of my knowledge only and thus should not be taken as a fact. One should seek knowledge and verify: 17:36, 20:114, 35:28, 49:6, 58:11.

www.studyQuran.org

AaRoN

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Islamic Constitution Draft (For Discussion)
« Reply #5 on: June 26, 2003, 02:29:30 PM »
peace

as regards weapons:

4:102 And if you are with them and you attend to the salat for them, then let a group from amongst them stand with you and let them take their weapons; and when they have submitted then let them stand guard behind you; and let a group who has not yet attended the salat come and attend the salat with you, and let them be wary and take their weapons with them. The rejecters hope that you would neglect your weapons and goods so they can come upon you in one blow. There is no sin upon you if there is harm to you from rain, or if you are ill, that you put down your weapons, but be wary. God Has prepared for the rejecters a humiliating retribution.
* the Divine suffices as observer - appreciation is the message of the Divine - and those who are with it are harsh on concealment and nurture between themselves *

Wakas

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« Reply #6 on: June 27, 2003, 11:17:28 AM »
peace Aaron,

Thanks for the reference.... thats more like it. "Their weapons" does indicate they are owned, therefore the right to bear arms seems more credible.


Wakas
All information in my posts is correct to the best of my knowledge only and thus should not be taken as a fact. One should seek knowledge and verify: 17:36, 20:114, 35:28, 49:6, 58:11.

www.studyQuran.org

Roshan

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Re: Islamic Constitution Draft (For Discussion)
« Reply #7 on: July 05, 2003, 12:51:56 PM »
<<  ?And those females who commit lewdness together from among your women, then bring four witnesses over them from amongst you; if they bear witness, then you shall restrict them in the homes until death takes them, or God makes for them a way out. And those males who commit it together from amongst you, then you shall annoy them. If they repent and amend, then leave them alone. God is Redeemer, Merciful.? (4:15-16)
>>

Firstly I would have to question if these verses actually refer to homosexuality (I have always wondered what they refer to). Secondly if they do (and even if they don't) why the difference in punishment between men and women?

I used to think that maybe this verse was referring to prostitution. This perhaps could explain the difference.

Roshan

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Islamic Constitution Draft (For Discussion)
« Reply #8 on: July 05, 2003, 12:55:54 PM »
Also, with regards to the oath of allegiance- what happens if you do not believe in God/believe in gods?

<<?I swear before God an allegiance to the constitution and laws of the Islamic nation, to uphold at all times in private and public. I swear not to steal, nor to lie, nor to commit acts of lewdness. I will obey the law and attempt to live my life according to the moral and ethical values of the nation, to contribute my intellect and efforts to the betterment of life for all citizens. I have placed God as a witness over this oath of mine, may He have mercy on my soul and guide my heart and mind to always do right?.
>>

Kaz

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« Reply #9 on: July 08, 2003, 11:59:44 PM »
Any good constitution will be based upon ensuring certain rights & duties for & from the citizens of the nation. There should also be a list of social objectives of the constitutional system. If anything in legislation is later found to be hinder these rights duties or social objectives then it should be grounds for legislative revision. The constitution as it is makes too little of this section and lacks clear categorisation.

Before the constitution can be drafted the rights & duties for that nation must be outlined in a simple list.

Do not be mistaken, different nations demand and or deny diffent rights & duties. That is why it is so difficult for the world to come together on a set of universal human rights & duties.

What may be considered a basic & fundamental set of rights & duties to one nation may be considered severely restrictive by another & overly liberal by yet another.

The document of rights & duties MUST come before any constitution can even be attempted. It is amateur in the extreem to do otherwise, and will result in complications later.

First answer what should be our rights & duties? THEN and only then let the constitution be designed to protect & uphold those rights & duties. It goes almost without saying that those rights & duties must not be contradictory to each other, but at most may only balance each other out in pairs.

I would like to see a simple & clear list of all rights & duties before anymore premature attempts to outline a constitution.

Here are an example of two fundamental rights which I and those like me would demand. Moreover we would denounce any system as flawed & human which does not do the upmost to defend these rights.

1. The right of choice to to trial by individual religious or state court.
2. The right of any seduced single woman to alimony/marital-support.

Fundamentally I am dissappointed at what looks like an attempt to make Eleslem is being made in the image of american style democracy. Honestly this is what it looks like to me and I don't want it to, so any critic will undoubtedly see appologetics hidden behind a refusal to admit that islam has failed and is now being rebuilt on the foundations of the modern secular systems.
Q 43:89

Sha

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The Constitution?
« Reply #10 on: August 21, 2003, 09:37:38 PM »
I am unable to access this page:

http://www.progressivemuslims.org/constitution.htm

Am I the only one having this problem? I have tried opening it many times in the previous three days. HELP!
Enter the realm of light

Abdelilah

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Islamic Constitution Draft (For Discussion)
« Reply #11 on: August 22, 2003, 08:07:00 AM »
It doesn't work anymore.
I believe it was a link to the QT.

http://www.free-minds.org/quran.htm
.أَمْ لَهُمْ شُرَكَاءُ شَرَعُوا لَهُم مِّنَ الدِّينِ مَا لَمْ يَأْذَن بِهِ اللَّهُ  |  لَا تُشْرِكْ بِاللَّهِ إِنَّ الشِّرْكَ لَظُلْمٌ عَظِيمٌ  |  وَمَا يُؤْمِنُ أَكْثَرُهُم بِاللَّهِ إِلَّا وَهُم مُّشْرِكُونَ

Layth

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Islamic Constitution Draft (For Discussion)
« Reply #12 on: September 17, 2003, 07:32:37 AM »
Peace,

The constitution draft is back-up again for open discussion...

Let all the legal eagles sharpen their pencils :)

http://www.progressivemuslims.org/constitution.htm

Layth
`And when God Alone is mentioned, the hearts of those who do not believe in the Hereafter are filled with aversion; and when others are mentioned beside Him, they rejoice!` (The Quran 39:45)

DoctorNO

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« Reply #13 on: September 17, 2003, 08:06:22 AM »
What are you trying to achieve here? Just a research on whether or not it is reasonable to use the Quran as a basis for constitution? The concept of a government that favors one religion over the others is truly frightening. Something would eventually go wrong. History proves that.
The Free-Mind among the free-minds, at your service.

Layth

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« Reply #14 on: September 17, 2003, 08:31:39 AM »
Peace,

Quote
What are you trying to achieve here? Just a research on whether or not it is reasonable to use the Quran as a basis for constitution? The concept of a government that favors one religion over the others is truly frightening. Something would eventually go wrong. History proves that.


You really need to 'relax' with us a little bit to see where we are heading :)

I get the feeling your problem is with the word 'religion' where you visualize a bunch of people slashing their foreheads and beating themselves for some strange god who has all sorts of fetishes!.

Religion to us is a SYSTEM.

You will accept the Greeks, Romans, Persians, Chinese, British, French, Americans, etc.. to write a constitution based on their own debates and discussions...Yet it makes you nervous when we do it because we are 'Muslims'!!!.

Come on...The only difference between us and the others is that we refer to the Quran for guidelines while they refered to the human works of Plato or King John (Magna Carta), etc...

Layth
`And when God Alone is mentioned, the hearts of those who do not believe in the Hereafter are filled with aversion; and when others are mentioned beside Him, they rejoice!` (The Quran 39:45)

DoctorNO

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« Reply #15 on: September 17, 2003, 09:00:38 AM »
Quote from: "Layth"

You really need to 'relax' with us a little bit to see where we are heading :)

Thats what I really want to see.

Quote from: "Layth"

I get the feeling your problem is with the word 'religion' where you visualize a bunch of people slashing their foreheads and beating themselves for some strange god who has all sorts of fetishes!.

no, I know a lot of religous people who are practically harmless to their own selves or to their neighbors. But I do see religion as a form of divisor that ultimately leads to discrimination.

Quote from: "Layth"

Religion to us is a SYSTEM.

Religion IS A SYSTEM of beliefs. Everybody knows that.

Quote from: "Layth"

You will accept the Greeks, Romans, Persians, Chinese, British, French, Americans, etc.. to write a constitution based on their own debates and discussions...Yet it makes you nervous when we do it because we are 'Muslims'!!!.

No, it makes me nervous when the constitution favors a spiritual view over another.  May it be Christian (as in the dark ages), Jewish (as in the OT), or Islamic (as we see now in the mid east).


Quote from: "Layth"

Come on...The only difference between us and the others is that we refer to the Quran for guidelines while they refered to the human works of Plato or King John (Magna Carta), etc...


And in doing so would favor the religion of Islam. Something an adherent to brag about.


------------
I wonder how polygamy can be incorporated into a democracy without being sexist.

And the quranic inheritance.
The Free-Mind among the free-minds, at your service.

Damon

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Islamic Constitution Draft (For Discussion)
« Reply #16 on: September 17, 2003, 10:30:22 AM »
Peace be with you DoctorNo,

I really do believe you should take Layths' advice and "Relax".

Your concerns that you've aired are legitmit concerns, especially the danger of a Constitution favoring "One" group of people over all others.
And like you said, history has proven what a disaster that always turned out to be.

I think your biggest mishap about us here is that you think maybe we  will continue the same "biases" and "prejudice" that prior communities have perpertrated.

Another thing, I believe you are still thinking of "Islam" and "Muslims" as well as that perplexing word "Religion" by the same definition that Sunni's, Shia's, Salafiyya, etc. have spread throughout the land. I assure you we here DEFINATELY do not hold those views nor their definitions.

Islam is not a Religion. As Layth said, it is a "System". And no, it's not a system of Rituals and dogmatism.

It is a system that would require respect and tolerance for your fellow man REGARDLESS of nationality, sex, geographic location or so-called "Religous" beliefs for those who say they have one.

It is a system that guarantees that YOU DoctorNO as an Agnostic have 100 percent right to have that belief and the right to be respected as an Agnostic.

The important thing is not so much as "beliefs" or "dogmatism" or "rituals" or "labels" or "Identities" or any of that.

The IMPORTANT thing, where the constitution is concerned, is respect and honor of our fellow man.

That's the primary issue which has yet to be tackled correctly and the issue the believers here, GOD willing, are hoping to address and correct.

Others may claim to have done so, but reading History and looking at the present condition of this world, I really can't see how any body can make that claim.

GOD knows best and GOD is the One guiding us.

Peace,

Damon.

DoctorNO

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« Reply #17 on: September 17, 2003, 10:41:21 AM »
So what is the point of this "constitution" you are making? just for study purposes? Surely you guys dont intend to purchase an island and create your own state? And you cant just email this "constitution" to indonesia and expect them to adopt it.


Nevertheless its good to see a democracy-like-constitution based on the islamic point of view.
The Free-Mind among the free-minds, at your service.

Damon

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« Reply #18 on: September 17, 2003, 02:46:26 PM »
Peace DoctorNo,

Actually the answer to this question is quite simple;

Once we've all come to the solid conclusion of how a constitution should look based on man's natural and GOD-given rights and freedoms, then we spread theses Ideals along with the rest of the message of GOD alone.

The more believers who come to embrace GOD alone, the more believrs there will be to add input and help spread the constitution as well.

Remember, everything begins with a certain group of dedicated people to a certain idea.

Every so-called "state" philosophy or creed all began with a certain amount of people who were dedicated to those ideals to begin with and who were dedicated to having those ideals embraced by the majority.

Actually as I said in my last post, the biggest part of the project would be formulating the actual constitution itself and making sure that it covers the rights and freedoms of the PEOPLE and not just the Muslims or just the Christians or Just the Jehova Witnesses or just the Agnostics. And with anything else it would need to be implemented "fairly" as laid out and not just "sound good" on paper, but be corrupt in "practice".

These are my views and opinions concerning this matter and I'm sure you're aware that I cannot speak for everybody here, as there are many brothers and sisters here who have much better insight and wisdom than I do.

In fact, I Know of One DoctorNo who seems to have a lot to offer and brings quite a bit to the table himself. :wink:

Peace y'all and be good.

Damon.

Layth

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« Reply #19 on: September 18, 2003, 12:46:53 AM »
Peace Dr. No,

Quote
No, it makes me nervous when the constitution favors a spiritual view over another. May it be Christian (as in the dark ages), Jewish (as in the OT), or Islamic (as we see now in the mid east).


If the constitution is being discrimanatory as you say, then it would bother me and everyone here as much (perhaps even more) that it bothers you...In the Quran we are warned against being unfair or discriminatory. Therefore, a system designed under the Quran would give you and me 100% equal rights as long as we both operate within the law (do not murder, do not steal, do not bear false witness, etc..).

Quote
I wonder how polygamy can be incorporated into a democracy without being sexist.


If you read Yaseen's excellent research on the subject,you will find out how: http://www.free-minds.org/polygamy.htm

Quote
And the quranic inheritance.


If you mean by this the notion of giving the males more than the females, then that will be offset in the constitution by demanding the males to be legally responsible for financial support of the household and children.

Quote
So what is the point of this "constitution" you are making? just for study purposes? Surely you guys dont intend to purchase an island and create your own state? And you cant just email this "constitution" to indonesia and expect them to adopt it.


The purpose is to put our money where our mouth is and prove that the guidlines in the Quran can be converted into a dynamic and vibrant constitution guaranteeing the best for all involved...

How and when that is implemented could be in our life, or maybe 200 years in the future, or maybe never.

Quote
Nevertheless its good to see a democracy-like-constitution based on the islamic point of view.


Thank you for these kind words...

Layth
`And when God Alone is mentioned, the hearts of those who do not believe in the Hereafter are filled with aversion; and when others are mentioned beside Him, they rejoice!` (The Quran 39:45)

Deneris Fann

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Islamic Constitution Draft (For Discussion)
« Reply #20 on: March 27, 2004, 08:32:27 AM »
Hmm... very interesting. But some questions:

Are you (Layth) an Islamist Utopian who believes all the stuff about reestabilishing the Khilafah like the extremists of Hizb-ut-Tahrir??
Also, there are lots of Quranic references in the constitution. But there are hundreds of ways to interpret the Quran!! So surely it is favouring one interpretation over another?
Deneris Fann

Ash Shuura

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« Reply #21 on: March 28, 2004, 06:35:41 AM »
Quote
all the stuff about reestabilishing the Khilafah like the extremists of Hizb-ut-Tahrir??


Peace Deneris, :)

Have you read the document? If you have could you please point out what is likened to be the extremist articles and where does it refer to an authoritarian structure as the Khilafah?

regards

JahsWolf

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What is wrong with using the United States Constitution?
« Reply #22 on: April 14, 2004, 02:26:37 AM »
The United States Constitution has survived over two hundred years, and is a proven document.

Why does it need to be replaced?

Just curious...
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Jaxal

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Islamic Constitution Draft (For Discussion)
« Reply #23 on: April 19, 2004, 07:27:11 AM »
SaLaM ....

I have a question.. we make all these laws using the Quran ... but how do we implement them??? we dont have a country... so how will we use them?
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Al-Sadkhali

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From 'theory' to 'application'...
« Reply #24 on: April 22, 2004, 07:01:41 AM »
Salaam,

Given the inevitable differences of opinion on what exactly the rules and laws of the Qur'an are: Who has the final say in this? The democratic majority? Or, more likely, the judiciary? Is everyone forced to abide by a possible a decree on the (meaning of the) Qur'an? Where does this leave the guaranteed freedoms?

In connection with the previous: Do you - the writer(s) - think this consitution is deducible from or flows from the Qur'an with necessity or is it just an interpretation, as 'islamically' justifiable as the next?

*

Another thing, I'm afraid I agree with Kaz, this whole constitution sounds so very American, so this-time-and-age. I don't know, but I always tend to be sceptical about muslim interpretations that, in effect, conclude that 'real' Islam - behold the miraculous coincidence - concurs with the specific present-day ideal of the western, modern, capitalistic, democratic rule-of-secular-law nation-state/republic.

The oath, by the way, is also so American-style nationalistic. Is my having the nationality of 'Republic X' more important than being a muslim and the brotherhood that that implies towards other muslims, regardless of anything (unislamic?) like their nationality? The oath, though, seems to force me to say that nationality is more or at least equally important.

I do think, however, the general idea is interesting and intellectually stimulating...

Wa salaam

themovement1

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« Reply #25 on: May 21, 2004, 09:01:08 PM »
I haven't gone through the whole constitution but I seem to have some reservations about it. I think that you should restructure it to be an internations organization whose members recognize its laws over all other laws and whose members plegde their lands and resources to the benefit of the organization for the common benefit of all. The fact that these people may congregate around each other is consequential. The lands and resources that they earned and have maintained are theirs. Citizenship should be optional. The people, their friendship, the solidificatin of their loyalty and their commitment to work together should be secured. Land is secondary in importance. Land can be bought or conquered (only if need be). I believe it would be better to view the organization as an internation organization with no borders and no boundaries, just the fierce and strong familiar bond of being under the banner of people who are submissive to and for God-pro-God- and children of Abraham.

Godbless,
Anwar

Asfandyar

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Re: Islamic Constitution Draft (For Discussion)
« Reply #26 on: May 18, 2008, 04:48:00 AM »
Just some changes that I believe should be made to the Constitution:

  • Article I: 7. Citizens are deemed as those persons who carry the [place name of citizenship here] nationality at the time of implementing this constitution. The law shall grant [place name of citizenship] 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 [insert percentage here] of the total population of the republic. Areas that have populations below [perviously decided percentage] 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 [place name of country/town here]. (Quran 2:124)
  • 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 [name of person to be placed here] solemnly swear before Allah and before the witness of the citizens of this republic to uphold the role of [position to be placed here] 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…
This is a noble Qur'an... A warning to people. For any among you who wish to progress or regress.

Student of Allah

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Re: Islamic Constitution Draft (For Discussion)
« Reply #27 on: June 04, 2011, 11:44:47 AM »
Amazing project, loved it. Took the time to read most of it. Sounds sane.

Lets see if I can help and contribute.

Peace
--------------------- Student of Allah

Abdun Nur

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Re: Islamic Constitution Draft (For Discussion)
« Reply #28 on: October 28, 2011, 05:01:40 PM »
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.

Producer

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Re: Islamic Constitution Draft (For Discussion)
« Reply #29 on: October 29, 2011, 05:03:40 AM »
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.

DoubleU

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Re: Islamic Constitution Draft (For Discussion)
« Reply #30 on: February 04, 2012, 06:58:23 PM »
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:


Quote
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 2:204-205, 38:28)

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.

Quote
Government shall also ensure that intellectual rights be protected from infringement and unauthorized duplication. (Quran 3:188)

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?

Quote
All people have the right to privacy against spying, trespassing, entering homes without the owner’s permission, obtaining, and/or sharing private information. (Quran 24:27-29, 49:12)

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.