Article No 20
Accounting the ruler is a right of the Muslims, and is an obligation of sufficiency upon them. And the non-Muslims subjects have the right to raise any complaint regarding the ruler’s injustice towards them, or misapplication of the rules of Islam upon them.
Article No 38
The Khalifah has the complete right to govern the affairs of the subjects according to his opinion and ijtihad. He can adopt anything from the permitted issues that he needs to run the affairs of the State and manage the peoples’ affairs, and he is not permitted to contradict any Shari’ah rule for the sake of benefit. For example, he cannot prohibit the single-family from having more than one child on the basis that there is not enough food, or appoint a non-Muslim or a woman as a governor on the basis of taking care of the affairs or benefit, nor anything else which contradicts the Shari’ah rules. It is not permitted for him to prohibit something permitted and to make something prohibited permitted.
Article No 124
The fundamental economic problem is the distribution of wealth and benefits for all of the subjects of the State, and facilitating their utilization of this wealth and benefits, by enabling them to strive for and possess them.
This is all evidence that the Shari’ah obligated guaranteeing the satisfaction of all the basic needs for all the individuals, on an individual basis, and specified the income which guarantees the undertaking of this fulfilment, and guarantees its undertaking and continuation of it.
This is from the angle of guaranteeing the fulfilment for all of the individuals, on an individual basis. As for the angle that the fulfilment is of all the basic needs, the reality of life for the individual is that the basic needs are food, clothing and shelter, and the Shari’ah evidences which came guaranteed maintenance, and maintenance is food, clothing and shelter. Above and beyond that there are evidences that indicate that these three (food, clothing, and shelter) are the basic needs, and anything else is surplus and extra.
As for the evidences that maintenance is food, clothing and shelter, Allah (ﷻ) said “the father of the child shall bear the cost of the mother’s food and clothing on a reasonable basis” (TMQ 2:233) and said “Lodge them where you dwell according to your means” (TMQ 65:6) and said “on a scale of the average of that which you feed your own families” (TMQ 5:89), and so Allah (ﷻ) clarified that food, clothing and shelter is maintenance. The Prophet (ﷺ) said about women, in other words, wives, “And their right over you is that you provide for them and dress them with what is good” reported and authenticated by al-Tirmidhi from Amru b. al-Aas. In another narration, he (ﷺ) said “And their right over you is to provide for them and clothe them with what is reasonable” reported by Muslim from Jabir. These are evidence that the maintenance is food, clothing and shelter, and that these are the basic needs.
As for the evidences that food, clothing and shelter are the basic needs and anything else is extra, it is narrated from the Prophet (ﷺ) that he said “Everything other than the shade of a house, the chunk of bread and a clothing to cover his ‘awrah, and water, and the son of Adam has no right in anything surplus to that”. And it is narrated with a different wording “The son of Adam has no right to anything except these properties: a house to live in, a clothing to cover his ‘awrah (parts of body that must be covered in public), a chunk of bread, and water” reported by al Tirmidhi who said it is Hasan sahih. The wording of the two narrations indicates that what has been mentioned in these narrations, which was food, clothing and shelter; “shade of a house” “a house to live in” “a clothing to cover his ‘awra”, “a chunk of bread and water” is enough and sufficient. And his words in the narration “and the son of Adam has no right in anything surplus to that” is absolutely clear that these three are the basic needs. Therefore, these two narrations relate that the basic needs are food, clothing and shelter, and anything extra is not basic. By fulfilling these three, the basic needs of individuals would have been satisfied.
Article No 125
It is obligatory to guarantee that all the basic needs are met for everyone, and are completely met on an individual basis, and to guarantee that every individual is facilitated to satisfy the luxurious needs (non-essential needs) to the highest level possible.
Health and medical care are from the obligations of the State such that they must be readily available for the citizens, from the angle of clinics and hospitals, and public utilities used for treatment by the Muslims. So, medical treatment from this angle is part of the interests and public utilities. The interests and public utilities must be undertaken by the State since they are from the issues that the State is responsible over, in accordance with the words of the Messenger (ﷺ) “The Imam is a guardian, and he is questioned over his responsibility” reported by al-Bukhari from Abdullah bin ‘Umar.
This text is general regarding the responsibility of the State for health and medical care since they are part of the obligatory responsibilities of the State.
There are evidences specific to health and medical care: Muslim reported from Jabir who said “The Messenger of Allah sent Ubay bin Abi Ka’b, so he cut a root for him and then ironed it on him”. And Al-Hakim narrated in al-Mustadrak from Zayd b. Aslam from his father who said “I fell severely ill in the time of ‘Umar b. al-Khattab, and so ‘Umar called a doctor for me, and so he warmed me up to the point I would suck on date pits due to the intense heat”.
In His (ﷻ) capacity as a ruler, the Messenger (ﷺ) sent a doctor to Ubay, and ‘Umar the second righteous Khalifah called a doctor for Aslam to treat him, which are two evidences that health and medical care are from the essential needs of the citizens that the state must make sure are readily available for whoever needs them.
The importance of the essential needs for the individual and Ummah is explained by the Messenger of Allah (ﷺ) in that the provision of these needs is like possessing the world in its entirety, an allusion expressing the importance of these needs. al-Tirmidhi reported from Salamah b. ‘Ubayd Allah b. Mihsan al-Ansari from his father, who was a companion, said: The Messenger of Allah (ﷺ) said “Whoever wakes up safe in himself, with a healthy body, and he has the food for his day, it is as though the world has been given to him”, Abu ‘Isa said this narration is Hasan Gharib. And similarly, ibn Majah reported it with a Hasan chain, and Abu Nu‘aym has a similar report in al- Hilyah from Abu ‘Darda’, but with the extra part ‘all of it’, in other words “as though the whole of the world has been given to him”.
These evidences all indicate the obligation of guaranteeing the fulfilment of all the basic needs for all of the citizens individually, in terms of food, clothing and shelter, and in the same manner indicates the necessity of the wide provision of the essential services for the Ummah from security, health and education.
Article No 146
The Muslims pay the taxes that the Shari’ah has permitted to be levied upon them in order to cover the expenditure of the bayt al-mal, on the condition that it is levied on that which is surplus to the individual’s needs according to what is normal, and must be sufficient to cover the needs of the State. This article includes three issues: firstly, the payment of taxes; secondly, that these taxes are not taken unless it is surplus wealth to what the person needs according to the norms; thirdly, they are only taken as required to fulfil the needs of the bayt al-mal and not beyond that.
As for the first issue, the word “tax” is a Western term, which means what the authority imposes upon the subjects in order to manage their affairs. The question is: is it permitted for the Islamic State to impose taxes upon the Muslims in order to administer their affairs? The answer to this is that the Shari’ah defined the income of the bayt al-mal and fixed this income to administer the affairs of the subjects, and did not put taxes in order to administer their affairs. Additionally, the Prophet (ﷺ) used to administer the affairs of the subjects using these incomes, and it is not confirmed that he imposed a tax upon the people, and that has not been reported from him at all. When he (ﷺ) learnt that the people on the borders of the State were taking taxes upon the goods that were entering the land, he (ﷺ) forbade them from doing so; it is reported from ‘Uqbah bin Aamir that he heard the Messenger of Allah (ﷺ) say “The person who imposes custom duties will not enter Paradise” reported by Ahmad and authenticated by al-
Zayn and al-Hakim, and Abu Khayr heard from Ruwafi’ b. Thabit who said “I heard the Messenger of Allah (ﷺ) say “The person who imposes custom duties is in Hellfire” reported by Abu ‘Ubayd in al-Amwal, and it was reported by Ahmad and authenticated by al-Zayn. And he said, “it means al-‘ashir”, and al-‘ashir is the one who takes a tenth from the foreign trade. This indicates the forbiddance of imposing taxes according to the Western meaning of the word. The Messenger (ﷺ) said in an agreed upon narration from Abu Bakra “Your blood, wealth and honour are sanctified like the sanctification of this day of yours in this land of yours in this month of yours”, which is general and encompasses every person including the State, and taking taxes is taking the wealth of the Muslim without his agreement, which indicates the impermissibility of taking it.
However, if the income of the bayt al-mal from the defined areas and fixed amounts were not sufficient to administer the affairs of the subjects, since it could occur that there are issues which require administering and the income of the bayt al-mal had already been spent, then would it be permissible in this situation to impose taxes or not? The answer to that is that what the Shari’ah obligated upon the bayt al-mal includes what was obligated upon it alone and not obligated upon the Muslims, as opposed to what was obligated upon both the bayt al-mal and upon the Muslims. It is not permitted for the State to impose taxes for the sake of whatever was obligated upon the bayt al-mal alone and not upon the Muslims. So if there is money found in the bayt al-mal it is used and if there is nothing then it is delayed until they find enough to carry it out, and no taxes at all are imposed upon the Muslims for its sake. This is because the Shari’ah did not obligate that issue upon the Muslims, and so it is not permitted to impose taxes for it since taking taxes in this situation would be considered to be oppression which is forbidden (haram).
Likewise, it would also be considered as making obligatory something that Allah (ﷻ) did not make obligatory, which is like forbidding something permitted, or permitting something forbidden, which is enmity against the Shari’ah and the one who does it is considered to be a disbeliever if he believed in it, and sinful if he did not, and so accordingly it is not permitted for the State to impose a tax upon the Muslims which the Shari’ah did not make obligatory from the Book and the Sunnah. Examples of this would be for the sake of the salaries of those collecting the Zakat, and giving to people in order to draw them closer to Islam, and giving to slaves in order to purchase their freedom, and to those in debt in order to repay what they owe. And such as building a new road while there was another one present, or building a dam while there was rainwater, or establishing hospital while there was another one present which fulfilled the need, or anything else similar to these, where its absence does not lead to the existence of harm, but rather its presence leads to betterment and is complementary to what exists. It is not permitted for the State to impose taxes upon the Muslims for anything like this in order to carry it out, since the Shari’ah did not obligate that. The jurists said regarding similar issues that their right upon the bayt al-mal is considered according to “presence not absence”, so if there was wealth present then they would deserve to have it spent upon them, and if it was absent then the absence voided their right.
As for what the Shari’ah obligated upon both the bayt al-mal and the Muslims, then if there was no wealth to be found in the bayt al-mal, or its wealth was finished, then in this situation the State could impose taxes upon the Muslims in order to carry out the affairs which the Shari’ah obligated upon both them and the bayt al-mal.
This is because it is confirmed by text that Allah (ﷻ) obligated that upon them, and made the Imam responsible over them, so he is the one who collects this wealth from them and spends it upon the interests, such as the necessary expenditure upon the poor, the needy and the travellers, and there was not enough in the bayt al-mal from the income of Zakat and everything else to spend upon them. This is since feeding the poor is obligatory upon the Muslims, as he (ﷺ) said “Any people who wake up while a man from them is hungry then they are free of the covenant of Allah (ﷻ)” reported by Ahmad from ibn ‘Umar and authenticated by al-Hakim. Also, if there is not enough in the bayt al-mal for the necessary expenditure upon the soldiers and war, and everything that is required for military preparedness, then a tax is imposed upon the Muslims in order for it to be carried out due to His (ﷻ) words “and strive with you wealth and your lives in the cause of Allah” (TMQ 9:41) and “and those who strive hard and fight in the cause of Allah with their wealth and their lives” (TMQ 4:95), and it is reported from Anas who said: The Messenger of Allah (ﷺ) said “Strive against the idol-worshippers with your wealth and your hands and your tongues” reported by Ahmad and al-Nasa’i and al-Nasa’i and al-Hakim authenticated it and al-Dhahabi agreed.
And in the same manner everything which if it not undertaken would cause a harm to the Muslims, such as opening a route where there was no alternative, and opening a hospital whose opening was a necessity, and anything else similar whose expenditure would be deserved from the angle of interest and service without an alternative, and being a necessity from the necessities, and that the Ummah would be afflicted with a harm if it was not present, then taxes are imposed upon the Muslims in order to carry it out because the removal of harm is obligatory upon the Muslims; the Prophet (ﷺ) said
“No causing harm and no harming” reported by Ahmad from ibn ‘Abbas, and al- Hakim from Abu Sa’id al-Khudri, and he authenticated it and al-Dhahabi agreed.
Likewise paying the army, judges and teachers, since these are from the issues that the Shari’ah obligated upon the Muslims, since learning has been made obligatory upon them, and so has establishing the courts and Jihad, as has been indicated by explicit texts. Therefore the State is permitted to impose taxes in order to carry out these issues which the Shari’ah obligated upon the Muslims alongside the bayt al-mal, since the texts are explicit in their obligation upon the Muslims. This is the evidence for the first issue of the article.
As for the second issue, its evidence is the words of the Messenger (ﷺ) “The best Sadaqah is what was on the back of what was not necessary (ghina)” agreed upon from Hakim bin Hizam and Abu Hurayrah, and al-ghina is what the person did without, after taking what was necessary to fulfil his needs. It is reported from Jabir that the Messenger of Allah (ﷺ) said “The best of sadaqa is that after giving which the (giver) remains rich and the upper hand is better than the lower hand, and begins from the members of your household” agreed upon. And in another narration in Muslim from Jabir “Start by giving Sadaqah to yourself, and if anything remains then for your family” So he made providing for the person whom it is obligatory to support secondary to providing for oneself, and the tax is similar to that because it is like support and Sadaqah. And Allah (ﷻ) said “And they ask you what they should spend, say that which is beyond your needs” (TMQ 2:219), in other words that which would not be difficult to spend, which would mean that which is extra. This indicates that what is obligatory upon the Muslim as far as their wealth is concerned, irrespective of whether that was Zakat or maintenance, is only taken from whatever he has that is extra over what he needs according to the norms. Similar to that is the tax, so it is not taken from the Muslim except from that which is extra and above what someone like him would require to fulfil their needs, in other words what is extra to what he needs to feed, cloth, shelter and provide help for himself and his wives, and what he spends to fulfil his needs and whatever is similar for someone in his position, because this is the meaning of his (ﷺ) words “on the back of what was not necessary”.
As for the third issue, its evidence is the forbiddance of the Shari’ah from taking what is not obligatory, and whatever is additional to the needs is not
obligatory upon the Muslim, and so it is forbidden to take it, and for this reason the amount taken is what is required for the bayt al-mal and nothing more. ‘Ali suggested to ‘Umar bin al-Khattab that there should be nothing remaining in the bayt al-mal saying to him “Every year, divide whatever wealth you received and do not hold onto anything from it” reported by ibn Sa’d from al-Waqidi, and it is reported “that Ali used to spend everything in the bayt al-mal to the point that he would sweep it and then sit it in” reported by ibn ‘Abd alBarr in al-Istidhkar from Anas b. Sirin. The Khulafa’ used to do this with respect to the income other than taxes, so how would they have treated the income from taxes? By greater reasoning there should remain nothing in the bayt al-mal, and so nothing more than what is necessary is taken.
This is the evidence for the three issues of this article.
Article No 147
The State has the right to impose taxes in order to undertake anything that the Shari’ah obligated upon the Ummah if the funds in the bayt al-mal were insufficient since the obligation for funding it would be transferred onto the Ummah. The State has no right to impose a tax for the sake of whatever is not obligatory upon the Ummah to undertake, and so it is not permitted to collect fees for the courts or departments or to fulfil any interest.
The evidence for this is the same evidence that was mentioned for the first issue of the last article, in that the Shari’ah defined the general income, and that the Messenger (ﷺ) did not impose taxes and forbade the taking of custom duties, because it is a tax, and so it is a prohibition that encompasses every tax. It also mentioned that if there was no wealth in the bayt al-mal to spend upon whatever the Shari’ah obligated upon the bayt al-mal and the Ummah, the obligation transfers onto the Ummah, and whatever the Shari’a obligated upon the bayt al-mal alone then its obligation does not transfer onto the Ummah even if there was nothing left in the bayt al-mal for it, rather it is delayed until the money for it is found and no taxes are imposed upon the Ummah. In the same way, no taxes are directly imposed upon the Ummah for the sake of anything that was not obligatory upon it, and similarly indirect taxes are also not imposed, so no fees are collected for the courts, or the departments, or import stamps, or permit fees, or anything similar. As for mail stamps, they are not considered to be indirect taxes, rather they are the price for transporting letters, which is permitted. Therefore no indirect tax for the sake of anything which the Shari’ah did not obligate upon the Muslims should be collected, since they are just like the direct taxes without any difference between them, and it is not permitted to impose them upon the Ummah.
Article No 162
All individual subjects of the State have the right to establish scientific research laboratories connected to life issues, and the State must also establish such laboratories.
Scientific research is nothing more than knowledge which man can learn, and Allah (ﷻ) permitted knowledge generally; He (ﷻ) said “Read in the name of your Lord who Created you” (TMQ 96:1) and “He has taught man that which he knew not” (TMQ 96:5), and the Prophet (ﷺ) said “Whoever Allah wants good for, he gives him knowledge of the deen” agreed upon from Mu’awiyah, and al-Bukhari reported a narration taliq (without the chain) but mentioned it decisively (that is – he considered it to be a narration): “and the knowledge is only by learning” and al-Hafiz also said in al-fath that the chain reaches back to the Prophet (ﷺ).
These evidences indicate the permissibility of knowledge from the angle of it being knowledge, since His (ﷻ) word “Read” is general encompassing reading of everything, and His (ﷻ) words “He has taught man that which he knew not” (TMQ 96:5) includes all knowledge, and the words of the Messenger (ﷺ) “the knowledge” is the name of the genus, through the alif and lam (the), and so it is from the words that encompass generality. This all indicates that learning anything is permitted, and that any knowledge is permissible.
Accordingly, the generality of the evidences indicates the unrestricted permissibility of knowledge. Based upon this, any individual from the subjects of the State can seek the knowledge, in other words any knowledge, and to use the necessary means to arrive at scientific facts and truths, and so every individual has the right to initiate any research laboratories he wants, and to help whoever he pleases to establish laboratories.
These laboratories would be private property, and would not be a part of public or State property. However, it is permitted for the State to possess private property in its characteristic as a specific personality, just as any literal personality could own them, in other words just as any individual could own them. Its ownership of a laboratory would not make it the property of the State, rather it would remain private property, however it would be owned by the State, and it would be part of the State’s property while it remains a type of private property. When the State undertakes the establishment of laboratories, it is only doing it from the angle of managing the affairs of the subjects, and establishing the obligation that Allah (ﷻ) put upon it which is to produce knowledge, part of which would include establishing laboratories.
The State provides free healthcare for all, but it does not prevent private medical practices nor the sale of medicine.
Healthcare is part of the interests and utilities which the people cannot do without, and so it is considered to be from the essentials. The Messenger (ﷺ) ordered people to take treatment; who said “A Bedouin came and said: O Messenger of Allah, should I take treatment? He said “Yes, Truly Allah did not send a disease except that He sent its medicine with it, the one who knows it knows it and the one who is ignorant of it is ignorant of it” reported by Ahmad from Usama bin Shareek. And in another version from al-Tabarani in al-Mu’jam al-Kabir from Usamam b. Sharik “We were with the Messenger of Allah, when some Bedouins came and said O Messenger of Allah, should we seek treatment? He said Yes, O Slaves of Allah seek treatment, truly Allah did not place an illness except that He laid down its cure and medicine”. And in al-Tirmidhi also from Usamah b. Sahrik with the wording:
“The Bedouins said: O Messenger of Allah, should we seek treatment? He said: Yes O Slaves of Allah seek treatment, truly Allah did not place an illness except that He laid down its cure and medicine, or he said the illnesses except for one.
They said: O Messenger of Allah, and what is that? He said: Death”, and al-Tirmidhi said this narration is hasan sahih. This indicates the permissibility of seeking treatment. Through treatment, benefit is gained and harm is prevented, so it is considered to be an interest, and on top of that the clinics and hospitals are a utility which the Muslims use for the sake of seeking treatment and cure, and so healthcare is therefore part of the benefits and utilities. The State is obliged to provide the benefits and utilities, because it is part of what the State must practically manage due to the words of the Messenger (ﷺ) “The Imam is a guardian and he is responsible for his subjects” reported by al-Bukhari from ‘Abd Allah bin ‘Umar.
This is from the responsibilities of guardianship and for that reason it is obligatory upon the State to ensure it is provided to the people. From the evidences for that: Muslim reported from Jabir who said “The Messenger of Allah sent Ubay b. Abi Ka’b, so he cut a root for him and then ironed it on him”.
Al-Hakim narrated in al-Mustadrak from Zayd b. Aslam from his father who said “I fell severely ill in the time of ‘Umar bin al-Khattab, and so ‘Umar called a doctor for me, and so he warmed me up to the point I would suck on date pits due to the intense heat”
Based upon this, it is obligatory upon the State to provide free medication and medical facilities, since it is part of the expenditures obligated upon the bayt al-mal from the angle of being an interest and utility without an alternative, and accordingly the State must provide all the health services without cost. This is the evidence that healthcare is part of what the State is obliged to provide to the people for free.
As for the permissibility of hiring a doctor, and paying him a fee, this is because seeking treatment is permitted (mubah); as mentioned previously the Prophet (ﷺ) said “O Slaves of Allah seek treatment”, and since treatment is a service that the one paying for can achieve, therefore the definition of hiring is applicable to it, and there has been no prohibition narrated regarding it. Above that, it is reported from Anas “The Prophet (ﷺ) did hijama (blood-letting) with Abu Tiba, and paid him double, and he spoke to his masters and so they made it cheaper for him” reported by al-Bukhari from Anas, and what is intended by master was his owners since he was owned by a group, as indicated by the report in Muslimr4. It is reported by ibn ‘Abbas “The Prophet (ﷺ) did hijamah and paid a fee to the one doing it, and if it was forbidden he wouldn’t have paid him” reported by Ahmad with this wording, and by Muslim and al- Bukhari with a different wording. In those days hijama was part of the treatments that people would care for their health with, which indicates that to pay a fee for it is permitted. And similar to the fee for a doctor, is the selling of medicines since it is something permitted encompassed by the words of Allah (ﷻ) “And Allah permitted trade” (TMQ 2:275), and there is no text narrated to forbid it.
Article No 175
The Islamic culture must be taught at all levels of education. In higher education, departments should be assigned to the various Islamic disciplines as will be done with medicine, engineering, physics and anything similar.
The evidence for the article is the action of the Messenger (ﷺ), since he (ﷺ) used to teach the rules of Islam to men, women, the elderly and the youth, which indicates that Islam taught every generation, and so it is learnt at all levels of education. Knowledge other than the laws of Islam such as the sciences and industries is permitted, however its reality is that they are studied after the gaining basic knowledge that is essential such as the principles that are required to enter some of the sciences and industries such as medicine and engineering, and so they are taught after this information has been acquired. Therefore their teaching is done in higher education. Built upon the reality of the information and the action of the Messenger (ﷺ), this article was drafted, and so this is the premise for it.
It is an obligation upon the State to teach every individual those things which are necessary for the mainstream of life, male or female, in the primary and secondary levels of education. This must be provided free of charge to everyone, and the State should, to the best of its ability, provide the opportunity for everyone to continue higher education free of charge.
Its evidence is that it is from the essential interests and utilities for people, since teaching the individuals what they require in mainstream life is from the essential interests, since it achieves benefit and repels harm. This is why it is obligatory upon the State to provide for these interests according to what mainstream life necessitates, and according to the amount of youth present requiring to be taught those issues. Primary and secondary education of the masses has become a necessity due to the nature of life between nations in this era, and is no longer from the non-essential issues, so accordingly the primary and secondary education for every individual of what is required to partake in the mainstream of life is an obligation upon the State, while it remains one of the essential interests. Therefore, it is obligatory upon the State to provide sufficient primary and secondary schools for all the subjects of the State who wish to study, and provide them with what they require to partake in the life’s affairs for free. The Messenger (ﷺ) made the ransom of the disbelieving prisoners that they should teach ten of the Muslim children, and that was from the war booty which is part of what the Khalifah may spend in the interests of the Muslims, and is evidence that the spending upon education is without anything given in exchange.
Higher education is also from the interests, so anything from it which is part of the necessities such as medicine must be provided by the State, in the same manner as primary and secondary education, since it achieves benefit and repels harm and is from the issues that the Shari’ah obligated upon the State. As for anything from the non- essential issues, such as literature, then the State should provide for it if they had the finances.
Article No 179
The State ought to provide the means of developing knowledge, such as libraries and laboratories, in addition to schools and universities, to enable those who want to continue their research in the various fields of knowledge, like jurisprudence, narrations and tafsir, and thought medicine, engineering and chemistry, and such as inventions and discoveries and so on. This is done to create an abundance of mujtahidun, outstanding scientists and inventors.
The evidence for the article are the words of the Prophet (ﷺ) “The Imam is a guardian and he is responsible for his subjects” reported by al-Bukhari from Abdullah bin Umar, and the principle “Whatever is necessary to accomplish a duty is in itself a duty”. Libraries, laboratories and the rest of the means of developing knowledge are part of the affairs of the Ummah which the Imam must govern, and if he falls short he is accounted over it. If the ijtihad in jurisprudence, and the creation of inventions which are necessary for the sake of military preparations, are not possible without these means of developing knowledge, then to provide these means becomes an obligation upon the Khalifah in accordance with the principle “whatever is necessary to accomplish a duty”. If they help to achieve these goals, and simplify the issue of ijtihad and invention, then they are part of governing the affairs which achieve benefits, in which case they would not be obligatory, and so if the State had the finances they would establish them and otherwise not. Due to all of this the provision of libraries, laboratories and the remaining means to develop knowledge fall under what the Imam must provide, in other words what falls upon the State to provide.
Article No 189
The relationship of the State with other states established in the world is built upon four considerations. These are:
The existing states in the Islamic world are considered to be part of one land and therefore they are not included within the sphere of foreign affairs. Relations with these countries are not considered to be in the realm of foreign policy and it is obligatory to work to unify all these countries into one state.
States that have economic, commercial, friendly or cultural treaties with our State are to be treated according to the terms of the treaty. If the treaty states so, their subjects have the right to enter the State with an identity card without the need for a passport provided our subjects are treated in a like manner. The economic and commercial relations with such states must be restricted to specific items and characteristics which are deemed necessary and which at the same time do not lead to the strengthening of these states.
States with whom we do not have treaties, and the actual imperialist states, such as Britain, America and France, and those states that have designs on the State, such as Russia, are legally considered to be belligerent states. All precautions must be taken towards them and it would be wrong to establish diplomatic relations with them. Their subjects may enter the Islamic State, but only with a passport and a visa specific to every individual and for every visit unless they become practically belligerent.
A state of war must be taken as the basis for all dealings with States that are practically belligerent states, such as Israel for example. They must be dealt with as if a real war existed between us – irrespective of whether an armistice exists between us or not – and all their subjects are prevented from entering the State.
The draft constitution prepared by Hizb ut-Tahrir can be found in its entirety, together with an explanation of its evidences, can be found through the links below: