Основной низам Третьего галактического халифата (English)
THE CONSTITUTION OF THE THIRD GALACTIC CALIPHATE
Protect us, Allah, and we worship You alone!
Historical preamble
Decline and stagnation
For a number of reasons, primarily internal, the Muslim world fell into decline and stagnation. Muslim countries increasingly became the target of expansionism, disguised as a concern for democracy. Muslim scholars increasingly engaged in unproductive research, the clergy sank into luxury, and rulers became despots. Muslim cities increasingly fell into disrepair, and a spiritual void reigned. Muslims longed for a future that was bleak for them.
Islamic Revival
At the beginning of the 16th century AH, integration processes and liberation movements intensified dramatically in the Islamic world. Unable to stop the revolutionary process, many rulers of Muslim countries, who had maintained their power through fear and violence, intensified repression.
New liberation organizations, enjoying widespread popular support, began to emerge throughout the Islamic world. Unfortunately, the national democratic parties of Muslim countries, adhering to the doctrine of gradual constitutional reform, proved powerless to change the general state of affairs in the ummah, and revolutionary Muslim organizations entered the fray.
The evolution of Sharia
The question of changing the role of Sharia arose. Prominent scholars of the Muslim world began to develop a second Sharia, or second-generation Sharia. Their brilliant efforts led to the understanding that the most important aspect of Sharia is its evolution in accordance with the needs of Muslims, in accordance with the laws established by Allah. A shift in Muslim consciousness occurred, and freedom, along with Islamic values, became the primary criterion of political life.
Islamic Reformation
The evolution of Sharia became possible as a result of the Islamic Reformation, that is, the transformation of the political and legal doctrine and practice of the Muslim world. Recognized Muslim scholars developed the principles of Sharia and implemented reforms. Islamic scholarship was purified, enlightenment began to gain momentum, and emphasis was placed on indigenous development. The Reformation became possible only thanks to the process of Islamic revival, and Muslims began to rise from their knees.
Islamic explosion
In the mid-16th century AH, the oppression of anti-democratic governments in Muslim countries and the natural expansion of the non-Islamic world became particularly intense. Popular uprisings occurred in a number of Muslim countries. Many Islamic national movements resorted to guerrilla warfare.
At their meeting, prominent mujtahids from the Muslim world resolved to launch a liberation struggle to establish a Second New Caliphate. Soon, Islamic liberation organizations united into a single global movement. Muslims from across the Islamic world gathered in Egypt and proclaimed the restoration of the Caliphate.
The Great Islamic Revolution
The process of establishing the Caliphate took a long time. This period was later called the Great Islamic Revolution. It was a highly diverse phenomenon that affected the entire Muslim world. During this revolution, the Caliphate grew stronger and defended its independence. The Great Islamic Revolution lasted approximately ten years in total, encompassing numerous anti-colonial wars, guerrilla movements, and revolutions in individual Muslim countries.
The Second New Caliphate and the Second Sharia
The Majlis al-Ummah elected a new Caliph and formed new provisional governing bodies. For a number of reasons, the Caliphate found itself surrounded by hostile states, which led to a sharp increase in the role of the state and many negative consequences. Constitutional democratic movements were banned, and the secret police gained enormous power. The Caliphate defended its independence in subsequent wars to unify all Muslim states on earth.
The Age of Suppression
Victory in a desperate and bloody war sparked euphoria in the Muslim world and raised the highest hopes among Muslims. But the military, having tasted power and believing they had the moral right to speak for all Muslims, relying on certain segments of the population, forced the Caliph to pursue a harsh and consistent policy of restricting freedoms. All of this was covered up by the military victory.
Spiritual Revolution
In this situation, new Muslim political organizations of a constitutional democratic nature emerged. Intensifying repression only caused further tension in the internal development of the Second Caliphate. Growing pressure from the masses led to partial cosmetic reforms by the current government.
Ultimately, all of this sparked a revolution called «spiritual.» This was the second revolution of the Caliphate, driven by the needs of democratic development for all Muslims. The new course and change of government, while preserving the essence of the institutions of power and the spirit of the Caliphate, sparked creative processes in the political life of Muslims.
The Third Galactic Caliphate and the Third Sharia
The 17th century AH ushered in a stellar era in the history of humanity and Muslims. The Caliphate’s colonies in stellar worlds grew in number, and social life became more complex. Third-generation political parties emerged, and the national democratic movement entered a new phase of its development. A fundamental change in the entire worldview of the Muslim world occurred. All of this necessitated a qualitative overhaul of the Caliphate’s system of government bodies and a new understanding of its role in the development of humanity.
Future
According to research by Muslim scholars, the Galactic Caliphate is entering another transitional phase of its development, which will culminate in its transformation into the Galactic Association Caliphate. This new form of Muslim social organization will best meet the development needs of the Muslim world. Consequently, Muslims face the difficult task of mobilizing all their efforts to position themselves at the forefront of human development.
Preamble
Having gone through a difficult stage of internal knowledge and development, having defended our independence and the right to be equal in the great family of galactic nations of humanity, we, the Muslim peoples, tracing our origins to the homeland of the Prophet Muhammad on Earth, where the truth of Islam was first proclaimed to the world through its Prophet, have accepted the present Basic Law of the galactic Caliphate, based on:
- The enduring role of Islam in creating Muslims and showing them the way to Allah;
- The values of freedom and democracy, achievable even at this stage of development of the Muslim world;
- The great deeds of our ancestors who united the Muslim peoples;
- A union of all Muslim peoples in a single state, where everyone feels safe and proud of their country;
- The indisputable spiritual authority of outstanding Muslim scholars, whose word is the final one in disputes about the future of Muslims;
- Respect for the court, on whose decisions the legal system of the Muslim world is based;
- Peaceful and harmonious development of all humanity in the galaxy.
Chapter One. Fundamentals of Galactic World Existence.
Part One. Beginnings of Development.
Section One. First Words.
Article 1.
The Galactic Caliphate is one of the star worlds of humanity and continues the political development of Muslims in the galaxy.
The Galactic Caliphate acts as a subsequent stage of development of the First historical Caliphate and the Second new Caliphate.
The Galactic Caliphate is a unified state of all Muslim peoples in the galaxy.
Article 2.
The Galactic Caliphate represents the symbol of the unity of Muslims before Allah.
The Galactic Caliphate was created as a spiritual, Sharia, democratic, social state for all Muslims.
The Galactic Caliphate is a transitional form of human development from statehood to galactic association.
Article 3.
The Galactic Caliphate is the indivisible Fatherland for all Muslims living in the galaxy.
The Galactic Caliphate will continue until the Day of Judgment comes.
The Galactic Caliphate cannot be abolished.
The Galactic Caliphate is a union of sultanates.
Article 4.
The flag, coat of arms and anthem of the Galactic Caliphate shall be established by law.
The capital of the Galactic Caliphate is the planet Throne, which is under direct allied jurisdiction.
The official language is Arabic.
The names «Caliphate», «Galactic Caliphate» and «Third Caliphate» are equivalent.
Article 5.
The Galactic Caliphate is a democratic state and this position cannot be revised.
Muslims obey the Caliph as long as he observes the laws of Islam.
The Caliph is responsible for the state before the Muslims and this is his highest duty.
Article 6.
The Galactic Caliphate is based on the third Sharia as the ideal principles of state law.
The Galactic Caliphate strives for the prosperity and well-being of every Muslim.
The Galactic Caliphate is built on the principles of justice and respect for everyone.
Section two. Political organization.
Article 7.
Political parties create the will of Muslims to govern the Galactic Caliphate.
The creation of armed formations of political parties, as well as political parties themselves, calling for the violent overthrow of the state system, is prohibited.
The formation of political parties is free.
Article 8.
The Galactic Caliphate includes the historical Earth sultanates and the galactic sultanates.
The historical earthly sultanates of the mother planet Earth form a special administration of the Galactic Caliphate.
The allied star systems of the Galactic Caliphate form the Star Emirates.
Article 9.
The Galactic Caliphate develops research in the fields of science and defense.
The highest goal of the Galactic Caliphate is the path to Allah.
Sovereignty over the Galactic Caliphate belongs to Allah.
Article 10.
The Galactic Caliphate proclaims itself a state with a democratic form of government.
State power rests on democracy.
The people exercise their power through referendums and elections.
Section Three. Galactic Relations.
Article 11.
The Galactic Caliphate strives to understand the Universe.
Outer space is the front line of defense.
The Galactic Caliphate, in accordance with the treaties, undertakes obligations to protect its allies.
Article 12.
The Galactic Caliphate is cracking down on piracy.
Trade guilds operate within the borders of the Galactic Caliphate only on the basis of licenses and strictly adhere to them.
The Caliphate’s star military forces guard the integrity and independence of the Caliphate and have no right to interfere in the Caliphate’s internal politics.
Section Four. Economic Basis.
Article 13.
The right to private property is inviolable.
Property obliges.
Nationalization is only possible in case of violation of the law and for the strategic development of the Galactic Caliphate with payment of compensation.
Article 14.
Natural resources belong to the people.
The use and extraction of natural resources is carried out only on the basis of licenses.
The state determines the rules for the export of natural resources.
Section Five. Cultural Relations.
Article 15.
The Galactic Caliphate recognizes cultural, linguistic and ideological diversity.
The values of humanity and Islam are inviolable.
Any violation of personal autonomy is punishable.
Part two. Sharia.
Section One. The Essence of Sharia.
Article 16.
Sharia is understood as the most general ideal law for Muslims.
The original Sharia is the historical Sharia.
Sharia can be understood as the ideal code of conduct for a Muslim. In this sense, Sharia is not a legal phenomenon, but a moral one with elements of unauthorized law.
Article 17.
Sharia is at the forefront of the Islamic legal system and this is its highest value for the legal experience of Muslims and their lives.
Sharia does not exist in itself; it is an organic part of Islam as a whole and plays a central role in Islamic law.
Section two. Historical time.
Article 18.
Historical time means a certain historical period of development of Sharia.
In this case, Sharia itself is the internal central element of historical time, and what surrounds it is a system of external elements.
Sharia is always a reflection of its historical time, as it is understood by Muslims.
Article 19.
Sharia is, in essence, an absolute phenomenon, but in the understanding of Muslims it is relative, that is, its role is immutable, but specific provisions are subject to change in accordance with historical times.
Historical time means, first of all, certain ideas of Muslim thinking as a result of the tradition of statehood and the development of Muslims according to the laws of Allah.
Article 20.
The historical Sharia was presented in such a way that at that time it was accepted for preaching the Truth, but the designer allows it to be changed, interpreting the original Sharia as historical.
Even the fact that legal norms are written down in the Quran means that they were specific for that time, unlike aqidah, and it was they who were mentioned due to their special significance for the dissemination of truth.
Section Three. Generations of Caliphates and Sharia.
Article 21.
The First Historical Caliphate was the first historical unified Muslim state on Earth.
Eminent Muslim scholars, following the divine path, developed the First Historical Sharia.
The First Historical Sharia became a phenomenon of brilliant development of the Muslim world.
Article 22.
As a result of development, the first political and legal forms of the Muslim world began to be inappropriate for the new times.
The Second New Caliphate and the Second New Sharia came to replace it, marking the Muslim world’s breakthrough to a leading position in the community of civilizations.
Article 23.
As a result of the avalanche-like development of the Muslim world and the exploration of interstellar space, the Second New Caliphate was transformed into the Third Galactic Caliphate.
The Third Galactic Sharia became galactic law, while at the same time continuing to be developed by Muslim scholars.
Section Four. Hierarchy of Laws.
Article 24.
Among the Islamic legal system, the following provisions can be highlighted:
- Sharia is the highest law formulated by all Muslims and for all Muslims.
- The main law of the Caliphate is the Constitution of the Islamic State.
- The relationship between the ruler and the Majlis imposes mutual rights and obligations on them.
- The laws of the state – kanuns – are adopted by the Majlis.
Article 25.
Sharia stands above all sources of law as an ideal system that gives rise to everything else.
Bay’ah is also an Islamic legal phenomenon that generates legal norms that are superior in legal force to laws.
The laws of the state may differ, but Islam does not know the division into organic, or constitutional, laws, which have special force and follow from the Constitution, and ordinary laws.
Article 26.
Islamic legal doctrine distinguishes between the Majlis that enacts laws and the Majlis that concludes Bay’ah.
The Majlis al-Bay’ah represents the whole society, not the state, while the Majlis al-Shura is a state institution.
Section Five. The Mechanism of Evolution.
Article 27.
The mechanism of evolution is the revision of Sharia norms by the Majlis al-Ummah.
Revision is possible only by the Majlis al-Ummah. This is its exclusive competence.
Article 28.
The Majlis al-Ummah is the Ecumenical representation of Muslims and is formed from delegates of the national parliaments of Muslim countries to the Caliphate.
The Majlis al-Ummah cannot adopt laws of Muslim states, since it is not a union, association or organ of supreme authority before the Caliphate.
Article 29.
Majlis al-Sharia is a gathering of eminent Islamic scholars from all over the world to develop a blueprint for changes in Sharia.
In addition to the Majlis al-Sharia, all Muslims have the right to participate in discussions. Furthermore, all Muslims have the right to submit their proposals for consideration by the Majlis al-Sharia.
The Majlis al-Sharia is formed by decision of the heads of state of the Muslim world. Its term of office must be reasonable enough to consider all matters of change.
Article 30.
Majlis al-Ulema is a gathering of Islamic theologians or clergy.
Delegates of the Majlis al-Ulema are elected at meetings of the clergy of Muslim countries.
The Majlis al-Ulema verifies the compliance of the Majlis al-Sharia project with the Islamic spirit and the spirit of the Quran.
Article 31.
Within a month of the final draft being developed by the Majlis al-Sharia, it is sent to the Majlis al-Ulema.
The Majlis al-Ulema is obliged to provide a response within one month from the date of receipt of the draft amendments.
Within a month of the response of the Majlis al-Ulema, the Majlis al-Ummah shall convene its session to consider the matter.
Article 32.
In case of a negative decision of the Majlis al-Ummah, the Majlis al-Sharia either revises the project or cancels it.
In case of a negative decision by the Majlis al-Ummah, these changes can only be proposed again after five years.
Section Six. Evolution as the Main Principle of Sharia Development.
Article 33.
Sharia evolves according to the general laws of Islam.
These laws are presented in such a way that a person, including a Muslim, can most fully reveal his essence at each stage of his development.
Evolution is the main principle of Sharia.
Article 34.
Sharia evolves each time in such a way as to fully reveal the humanistic generic essence of man in accordance with the laws of Allah.
Sharia is by its nature beautiful and perfect for man, it is ideal.
The original Sharia became the impetus for the development of Islamic political and legal thought.
Part three. Islamic political system.
Section One. Principles for the Creation of an Islamic Political System.
Article 35.
The principles as the basis of existence in the Islamic political system consist of three parts:
- Principles for the creation of an Islamic political system.
- Principles of functioning of the Islamic political system.
- The principles of this Islamic political institution.
The principles of creating an Islamic political system are:
- Tawhid.
- Risalat.
- Ummah.
Article 36.
The principle of tawhid means monotheism in Islam.
Allah is one and no one can see him.
Allah is the God who gave Muslims the truth and faith in him.
Article 37.
Risalat means the prophecy of the Day of Judgment.
The Prophet revealed the prophecy to the Muslims and spoke of its fulfillment.
The end of the earthly life of Muslims will be the Day of Judgment, when Allah will judge everyone and decide on the possibility of a new life.
Article 38.
The Ummah is the worldwide community of Muslims.
Nothing and no one can separate Muslims from each other in their quest to know Allah. This is their highest goal.
All Muslims are brothers and friends to each other.
Section Two. Principles of Operation of the Islamic Political System.
Article 39.
The principles of functioning of the Islamic political system are:
- Majlis.
- Shura.
- Caliph.
Article 40.
The Majlis establishes a representative government of Muslims for the benefit of the democratic system and the prosperity of Muslims.
The Majlis embodies the representation of Muslims on Earth before the supreme authority and their right to decide their own destiny according to the laws of Allah.
The Majlis can pass laws that are binding on the earthly life of Muslims.
Article 41.
Shura is the principle of consultation between the Caliph and the representatives of the Ummah in Islam.
Consultations presuppose the implementation of the will of the representatives by the Caliph, for which he is obliged to know their will.
The Caliph cannot go against the will of the Ummah, except in times of grave calamities of the Ummah and the misconceptions of the Muslims, but only with the consent of the Ulema.
Part four. Baya.
Section One. The Status of Baya.
Article 42.
Bay’ah is a constitutional and legal contract concluded between the Caliph and the Majlis al-Bay’ah regarding the conditions of rule.
Bay’ah is valid for the entire term of the head of the Caliphate.
The Baya may be supplemented by agreement of the parties involved.
Article 43.
Baya is, first of all, a treaty that creates norms of constitutional significance.
Bay’ah, by the very fact of its imprisonment, signifies the recognition of the authority of the Caliph by the Muslim nation.
At the same time, its termination means a refusal of such recognition.
Article 44.
Bay’ah presupposes tranquility in the Caliphate, so it cannot be concluded under extraordinary conditions.
The only exception can be only the hour of grave calamities of the Ummah, which does not tolerate delay.
The Baya must be concluded only in writing.
Section Two. Contents of Baya.
Article 45.
The Bayah contains fundamental rules regarding the conditions of government.
Bay’ah includes norms of the personal status of the ruler, the rights and duties of the ruler in relation to the Muslim nation, the procedure for election and removal from power.
The baya should be as detailed and clear as possible.
Article 46.
The personal status of a ruler is linked to his personal qualities as a charismatic leader and stems from his life.
Norms of personal status can also regulate the ruler’s family relationships.
The rights and duties of the ruler in relation to the Muslim nation must contain the most detailed list of them in order to determine the legal boundaries of the relationship of the ruler with his people.
Article 47.
The Bay’a must also contain provisions on the conditions of election and removal from office.
In this case, constitutional guarantees are needed against despotic rule and the possibility of usurpation of power even in the presence of good for the country.
The conditions of election and removal cannot contradict the Basic Law, the only exception being the decision of the Majlis al-Ummah.
Section Three. Majlis al-Bay’ah.
Subsection One. The Status of the Majlis al-Bay’ah.
Article 48.
The Majlis al-Bay’ah is the highest representative body that concludes the Bay’ah with the Caliph.
The Majlis al-Bay’ah consists of members of the Majlis al-Shura and the Majlis al-Ulema.
The Majlis al-Bay’ah is convened to conclude an agreement regarding the election of the caliph or his removal. Its powers are independent of other authorities.
Article 49.
Within a week of the election, the Majlis al-Bay’ah must meet and propose the Khalifa to the Bay’ah.
Majlis al-Bay’ah cannot refuse Bay’ah’s offer.
The agreement is concluded in the form proposed by the Majlis al-Ulema.
Article 50.
In the event of a serious state crime, the Majlis al-Bay’ah has the right to lift the Caliph’s immunity from prosecution.
The initiative to raise the issue of lifting immunity may be taken by the Majlis al-Shura, the Majlis al-Bay’ah, and the Majlis al-Ummah.
The Majlis al-Bay’ah operates on a temporary basis.
The Majlis al-Bay’ah must develop the Bay’ah project itself.
Subsection Two. The Procedure for Concluding the Bayah.
Article 51.
Bay’ah is concluded 30 days after the election of the Caliph.
The Bay’ah is offered to the Caliph only by the Majlis al-Bay’ah.
The refusal of the Caliph to conclude Bay’ah makes his rule impossible.
Article 52.
The conclusion of Bay’ah signifies the accession to the rights of the Caliph.
The ruler has the right to request changes to the conditions of the Bay’ah prepared by the Majlis al-Bay’ah.
These changes must be developed and the Baya signed within one month from the date of the request to change the terms of the Baya.
Article 53.
The Bay’ah is signed by the Majlis al-Bay’ah on behalf of the Muslim nation, and by the ruler on behalf of the supreme authority of the Islamic state.
Baya cannot be unconcluded or postponed.
Baya entails obedience to the ruler.
Subsection Three. Dissolution of the Bayah.
Article 54.
The detailed terms of termination of the Bay’ah are contained in the contract itself, while the Nizam regulates only the main provisions.
The conditions for termination of the Baya may be: treason, illness, election to another position.
Article 55.
The crime of treason is determined by the highest judicial body of the Islamic state.
The procedure for recognizing the fact of a crime is established by national law.
Within 10 days of recognizing this fact, the Majlis al-Bay’ah must terminate the Bay’ah, or the agreement will be terminated by operation of law. In this case, the Majlis al-Bay’ah will dissolve itself.
Article 56.
Termination of the Baja due to illness of the head of state is possible only if it is of a long-term nature, lasting more than 3 months.
The Majlis al-Bay’ah may appoint an interim ruler until the ruler recovers.
Election to another office means termination of the Baya by law, subject to the consent of the ruler.
Section Four. The Meaning of Baya
Subsection One. Bayah as a source of state law.
Article 57.
Bay’ah is one of the sources of state law in Muslim countries, created and developed by Muslims themselves.
Bay’ah is the fundamental source of state law in Muslim countries.
Bay’ah directly follows from the Sharia as it is directly provided for by it.
Article 58.
Bay’ah creates the rights and duties of the ruler of a Muslim country as an outstanding personality invested with the trust of the Muslim nation.
Baya gives rise to legal relations for the management of the state.
Baya can regulate the ruler’s relations with other rulers that are of a personal nature.
Article 59.
Bay’ah creates legal diversity and perfection in the Muslim legal system.
Bay’ah is one of the pinnacles of Islamic legal thought.
Baya was created as the embodiment of the divine laws of Allah.
Subsection two. Bay’ah as a supplement to the Constitution.
Article 60.
Bay’ah is, by its status, part of the main nizam of the Caliphate.
Bay’ah, subject to the will of the Majlis al-Bay’ah, may contradict the Constitution until this conflict is resolved.
This contradiction must be due to an emergency situation.
Article 61.
Since the Bay’ah is valid only for the term of the head of state, this agreement is considered an amendable part of the Constitution upon the expiration of his term.
By a special decision of the Majlis al-Bay’ah, Bay’ah may be concluded as an absolutely independent source of law.
Article 62.
Baya is created by the human mind, but expresses the divine essence in its meaning.
Bay’ah is the pure will of Muslims to build a just society on Earth.
Bay’ah follows Sharia.
Part Six. The Galactic Community.
Section One. Star Wars Forces.
Article 63.
The Star Forces are formed to protect the Caliphate and include the Space Fleet, the Star Reconnaissance Corps, the Far Space Patrol, and the Star Marine Corps.
To train personnel, the Space Academy of the Star Military Forces of the Caliphate is being established.
Article 64.
The Far Space Patrol guards the borders of the Caliphate and maintains security on its outer borders.
Patrol sectors are established by the High Command of the Star Wars Forces.
The Stellar Intelligence Corps conducts deep space reconnaissance.
Article 65.
The Space Fleet is the force for the defense of the Galactic Caliphate and is recruited from the most highly trained graduates of the Star Wars Schools.
To control the stellar military forces, a High Command of the stellar military forces is created, headed by an admiral.
Section Two. Outer Space.
Article 66.
The borders of the Galactic Caliphate are protected on the basis of agreements with the Worlds of Outer Space.
The Caliphate strives to secure its borders and maintains defense sufficiency.
Article 67.
The Ruler of the Worlds of Outer Space has the right to the protection and patronage of the Caliphate of the Union in accordance with the right of a friend.
To interact with the Worlds of Outer Space, the Commission of Worlds of Outer Space is formed.
This Commission develops the policy of the Caliphate on relations with these Worlds.
Article 68.
The Outer Space worlds that have entered into the Treaty of Alliance are the outer members of the Caliphate.
The status of an ally means joining the rights of the Caliphate in certain areas.
Article 69.
Allied services, on the basis of agreements on competence, create appropriate commissions for relations with each external ally.
Commissions have the right to have their own support apparatus.
Section Three. Trade Guilds.
Article 70.
The form of implementation of trade contacts and agreements outside the Caliphate are special organizations called trade guilds.
A Trade Guild is a private corporation created by at least 10 stellar societies with internal status for the purpose of trade, mineral exploration and extraction, and colonization of discovered planets.
Article 71.
Trade guilds must undergo an annual audit to ensure the legality of their operations and maintain their registration.
Trade guilds operate on the basis of a license from a specially authorized union body.
The license is issued strictly for a period and for specific types and territories of operation.
Article 72.
A Federation of Trade Guilds or a Trade Federation may be created by decision of the Caliphate for the large-scale colonization of a certain region and the establishment of the Caliphate’s authority there for a period during which full power is transferred to the Caliphate’s authorities.
Article 73.
The Trade Federation may have representation in the Galactic Caliphate and has the right to establish courts under the control of the Caliphate.
The Trade Guild has the right to have armed defense units to develop new systems outside the Third Caliphate.
To manage the detachments, the trade guild has the right to have its own space fleet and command.
Article 74.
Trade guilds have no right to monopolize the galactic mineral market. Prices for raw materials are set by an authorized union body, subject to compensation.
Article 75.
Trade guilds conduct mineral development and trade in strictly designated areas of the galaxy.
In case of violations, the trade guild is obliged to pay a fine and may have its license revoked.
Article 76.
The armed protection units or security forces of a trade guild are obliged to obey the requirements of the stellar military forces and the jurisdiction of the union bodies outside its borders.
The combat schedule of the security forces corresponds to the star military forces.
Article 77.
The governing bodies of the Trade Guild include the combat command, the senior management, the support bodies and the civil administration system.
The civil administration system is introduced on the planets being colonized before they are incorporated into the Caliphate.
Article 78.
The support bodies manage the development infrastructure of the trade guild, and the senior management oversees relations with other trade guilds and the organs of the Caliphate.
Trade guilds have the exclusive right to trade outside the Caliphate with the permission of the Caliphate.
Chapter Two. Rights and Freedoms.
Part One. On Rights and Freedoms.
Article 79.
Human rights are the highest value of development.
Human rights create compelling obligations for the state to its citizens.
Everyone is free to develop their personality, provided that the rights of others are not violated.
Article 80.
Human rights are the basis of social peace and political order in society.
Their observance is the duty of state power and the basis for a court decision.
Human rights create conditions for the flourishing of culture and statehood of Muslim peoples.
Article 81.
Human rights give rise to an absolute right to their protection.
This right is irresistible and guaranteed.
International institutions, by virtue of international law, may impose obligations on the Caliphate to implement human rights laws and the Basic Law.
Part two. On the system of rights and freedoms.
Section One. On Personal Rights and Freedoms.
Article 82.
The right to life cannot be taken away.
Protection of honor and dignity is guaranteed.
Article 83.
Discrimination in all its forms is prohibited.
The state is pursuing a policy to eliminate discrimination.
Man and woman have equal rights.
Article 84.
Confidentiality of postal items and telephone conversations is guaranteed.
Withdrawal from this right is possible only by court order.
Privacy is guaranteed.
Article 85.
The home is inviolable.
A home invasion is only possible with a court order.
A nighttime invasion of a home is only possible if a crime is being committed there.
Article 86.
Everyone enjoys the right of free entry and exit from the territory of the Third Caliphate.
Exceptions to this right are possible only by court order.
Section Two. On Political Rights and Freedoms
Article 87.
Every citizen has the right to vote and be elected.
The right to vote begins at the age of 18 for all citizens.
Restrictions on electoral rights are possible only by court order.
Article 88.
Every citizen has the right to hold public office.
The disqualification is cancelled.
Article 89.
Everyone has the right to assemble peacefully and without weapons.
Freedom of marches and demonstrations is guaranteed.
The court may prohibit demonstrations or marches on the grounds of violating public safety.
Article 90.
Everyone has the right to file a petition.
The petition must be reviewed by the competent government body.
Article 91.
Citizens have the right to create public associations and political parties.
Their structure must be democratic.
The creation of paramilitary organizations is prohibited.
Article 92.
Everyone has the right to express their political views orally and in writing.
There is no censorship.
Freedom of the media is guaranteed.
Section Three. On Social Rights and State Social Policy.
Article 93.
The right to an old-age pension is guaranteed.
The state is pursuing a policy of supporting pensioners, paying pensions based on life expectancy, and providing medical and health care services.
Article 94.
The Caliphate takes every possible care of the disabled.
The state covers the costs of treatment of disabled people and their medical and sanatorium treatment.
The Third Caliphate promotes the socialization of youth and their active participation in the public life of the state.
Article 95.
The Galactic Caliphate protects the family, motherhood and childhood.
The state recognizes the family as a natural union.
Raising children is the duty and responsibility of parents.
The state takes care of illegitimate children.
Article 961.
The state protects health.
The Third Caliphate pursues a policy of supporting public health.
Everyone has equal access to cultural heritage, which is protected by criminal law.
Article 97.
Consumer rights protection is guaranteed.
The state is pursuing a policy of professional retraining and curbing unemployment.
Part three. Guarantees of rights and freedoms.
Section One. Judicial protection of rights and freedoms.
Article 98.
Anyone can go to court to protect their violated rights.
Judicial protection of rights and freedoms is guaranteed.
The court cannot refuse to protect rights on grounds of citizenship, faith, social status or other reasons.
Article 99.
Judicial protection of rights and freedoms is the last resort of justice before oppression.
The court is the guarantor of respect for human rights.
Section Two. Parliamentary Defender of Human Rights.
Article 100.
The Parliamentary Defender of Human Rights is a special body for the protection of human rights.
The Parliamentary Defender of Human Rights is appointed and dismissed for a term of 5 years by the Majlis al-Shura.
Article 101.
The Parliamentary Defender of Human Rights has the right to suspend laws pending a decision by the Constitutional Court and to annul executive acts.
Part Four. Responsibilities.
Article 102.
Everyone within the territory of the state is obliged to pay legally established taxes and fees in accordance with public needs and their capabilities.
Article 103.
Everyone has a responsibility to protect the environment.
The environment is a national value.
The environment is subject to protection by criminal law.
Article 104.
Every subject of the Caliphate is obliged to defend the Motherland with arms in hand in time of war.
Military service is established on the basis of law.
Part five. Hisbah.
Article 105.
The Hisbah is a federal administrative body for the resolution of administrative disputes in the area of human rights protection.
Hisbah was created for the purposes of:
- Consideration of applications from citizens containing complaints against government agencies.
- Protection of citizens’ rights.
- Analysis and verification of the legality of adopted administrative decisions.
Article 106.
The Hisbah is headed by the Muhtasib Aam, who is the head of the Muhtasibs of the Emirates.
The Muhtasib aam is appointed and dismissed by the Khalifa after consultation with the Majlis al-Shura.
Every year the Muhtasib Aam reports on his activities to the Majlis al-Shura.
Article 107.
The muhtasib has the right to suspend the decision of any administrative body until a court decision is made.
The muhtasib may request any necessary information.
The muhtasib should not handle the case that has been submitted to the court or that is being handled by the relevant authority.
Chapter Three. Majlises.
Part One. Majlis al-Ummah.
Section One. The Procedure for the Formation of the Majlis al-Ummah.
Subsection One. Purpose.
Article 108.
The Majlis al-Ummah is the universal representative body of the Muslim world.
His powers are inviolable and sacred.
No one may encroach on the rights of the Majlis al-Ummah.
Article 109.
Majlis al-Ummah is a way of developing the understanding of Islam as it was given by Allah through the Prophet Muhammad.
The Majlis al-Ummah has the right to change the political and legal meaning of Islam until the Day of Judgment.
Majlis al-Ummah means the path to Allah.
Article 110.
Majlis al-Ummah is the only way for the Muslim world to develop until the new Prophet, if there is one, or the Day of Judgment.
Majlis al-Ummah is the only possible form of change in the statehood of Muslims.
Subsection two. Representation.
Article 111.
Majlis al-Ummah represents all Muslims before Allah.
The Majlis al-Ummah has the supreme constituent authority.
Majlis al-Ummah follows the path indicated by Allah.
Article 112.
The Majlis al-Ummah consists of representatives of all Muslim peoples.
Until the restoration of the Caliphate, the procedure for electing representatives is determined by the national Parliaments of Muslim countries.
Article 113.
After the formation of the Caliphate, the Majlis al-Ummah was transformed into the organ of the supreme constituent authority of the Caliphate.
The Majlis al-Ummah in the restored Caliphate consists of the Majlis al-Bay’ah and the Majlis al-Da’wah.
Section Two. Supreme and Final Power.
Article 114.
The decisions of the Majlis al-Ummah have final and supreme force.
The decisions of the Majlis al-Ummah cannot lose their force except through the misguidance of all Muslims in times of turmoil.
Doubts may be expressed by eminent Muslim scholars who possess unquestionable authority and by Muslim spiritual leaders.
Article 115.
In case of doubt, the Majlis al-Ummah is re-elected and the decision immediately comes into force again.
The Muslim world cannot make mistakes twice.
Section Three. Competence of the Majlis al-Ummah.
Subsection One. Shariah Decision.
Article 116.
The Majlis al-Ummah has the exclusive competence to change the Sharia as given by Allah and continued by Muslim scholars.
The decision to change the Sharia is taken by a two-thirds majority of the members of the Majlis al-Ummah.
The Sharia decisions come into effect immediately.
Article 117.
The decision on Sharia is necessarily taken in the form of a codified supplement to Sharia.
Prominent Muslim scholars are required to participate in the preparation of the bill; their opinion is the first one to be considered when deciding on the bill.
Subsection Two. The Decision on the Caliphate.
Article 118.
The Majlis al-Ummah has the exclusive competence to decide the fate of the Caliphate as the property of the entire Muslim world.
The decision on the Caliphate is taken by a majority of ninety percent of the members of the Majlis al-Ummah.
The decision on the Caliphate comes into effect immediately.
Article 119.
The decision on the Caliphate is taken in the form of the Caliphate Act.
The Caliphate cannot be abolished, but only transformed into a new form of Muslim unification.
Subsection Three. Decision on the Basic Law of the Khilafah.
Article 120.
Only the Majlis al-Ummah has the right to supplement the Basic Law of the Caliphate.
The Majlis al-Ummah may delegate the right to interpret the Basic Law to another state body of the Caliphate.
Article 121.
The decision on the Basic Nizam of the Khilafah is taken by a majority of sixty percent of the members of the Majlis al-Ummah.
The decision on the Basic Nizam of the Khilafah comes into force two months after its adoption.
Article 122.
Only the Majlis al-Shura can initiate the change of the Nizam and the adoption of the Act of Amendment.
The Majlis al-Shura must propose a bill for consideration by the Majlis al-Ummah.
Article 123.
Within a month from the date of the adoption of the bill by the Majlis al-Shura, the Majlis al-Ummah is convened.
If the Majlis al-Shura’s bill is rejected, the Majlis al-Ummah either requests the Caliph to draft a new bill or terminates its work.
Article 124.
The Caliph, at the request of the Majlis al-Ummah, convenes the Nizam Commission of the Ulema and drafts a conciliatory bill.
After this, the bill is again submitted for discussion to the Majlis al-Shura.
Part two. Majlis al-Shura.
Section One. Status of the Majlis al-Shura.
Article 125.
Majlis al-Shura is the permanent representative legislative body of the Caliphate.
The Majlis al-Shura has the supreme right to enact laws (nizams).
Article 126.
The Majlis al-Shura consists of 420 members.
Members of the Majlis al-Shura are elected for a term of 5 years from single-member union constituencies.
The voting age is set at 18 years.
Article 127.
A member of the Majlis al-Shura cannot be held criminally liable without the consent of the Majlis al-Shura.
The decision to prosecute is taken by the Majlis al-Shura upon the recommendation of the Prosecutor General.
Article 128.
In the Majlis al-Shura, political parties form their own factions.
The Majlis al-Shura adopts the regulations of its self-government and forms the Administrative Shura of the Majlis al-Shura.
Members of the Majlis al-Shura may form committees and commissions for legislative work.
Section Two. Adoption of Laws.
Article 129.
Legislative initiatives may be put forward by: the Caliph, the Majlis al-Shura, and the Majlis al-Daawa.
The introduced bill must be considered within a month.
Article 130.
Voting takes place in three readings.
In the first reading, the text of the bill itself is voted on, in the second – amendments, and in the third – the final version.
The law is adopted by a two-thirds majority of votes.
Article 131.
The bill is expected to be discussed during the current session of the Majlis al-Shura.
A bill that was not voted on in its third reading during a given session goes through all stages of the legislative process again.
Article 132.
The legislative functions of Parliament may not be assigned to any state body or group of persons.
Attempting to issue unauthorized laws is punishable by criminal law.
Section three. Parliamentary control.
Article 133.
A parliamentary investigation may be conducted by a specially formed committee of the Majlis al-Shura upon the decision of Parliament.
A request for a decision to be made may be submitted by a deputy or a group of at least 10 deputies.
Article 134.
The decisions of the Parliamentary Special Investigation Committee are binding on all government agencies, including militarized ones.
In the event of consideration of information constituting a state secret, the committee is obliged to declare the relevant meetings closed.
Article 135.
In order to inform the public, the committee may hold parliamentary hearings or decisions on this may be made by the relevant committees of the Majlis al-Shura.
The decision to hold parliamentary hearings is made by the Majlis al-Shura Committee in the form of a resolution after reviewing the materials of a request from a member of parliament or a group of at least 10 members of parliament.
Article 136.
The government is obliged to present a report to the Majlis al-Shura once a month.
Members of Parliament have the right to ask any question regarding the report, and a response is mandatory.
Article 137.
The Majlis al-Shura as a whole and its members may make inquiries regarding the government’s activities.
The relevant government minister or the government as a whole is required to respond to a request (interpellation) within one week of receipt. If information needs to be collected for the response, this period may be extended to three weeks.
Part three. Majlis al-Ulema.
Article 138.
The Majlis al-Ulema is the highest representative body of the clergy.
The number of ulema in the Majlis al-Ulema is 15 mujtahids.
The Ulema in the Majlis al-Ulema are elected by the Majlis al-Ummah for a term of 9 years.
Article 139.
The Majlis al-Ulema can veto any law and decision of state bodies until the decision of the Majlis al-Ummah.
The Majlis al-Ulema monitors the compliance of adopted laws with the Quran and Sharia.
Majlis al-Ulema has the exclusive right of ijtihad.
Part Four. Majlis al-Daawa.
Article 140.
The Majlis al-Da’wa is the supreme oversight body that complements the Majlis al-Shura in the matter of passing laws.
The Majlis al-Da’wa consists of the heads of the sultanates, who are members of it ex officio.
Appointments to the Majlis al-Da’wa are made by the Caliph upon the recommendation of the head of the Majlis al-Da’wa.
Article 141.
The Majlis al-Da’wah considers laws and has the power to veto them, which can be overridden by a second vote of the Majlis al-Shura.
The Majlis al-Da’awa has the right to demand an accountability from the government for the implementation of socio-economic development programs.
The Majlis al-Da’wa as a whole or its members have the right to ask the minister any question about his activities, and the minister is obliged to answer comprehensively and clearly within a week.
Chapter Four. The Caliph.
Section One. The Status of the Caliph.
Article 142.
The Caliph is the supreme head of state and the symbol of its past and future greatness. He embodies the unity of Muslims and the continuation of the Islamic state tradition.
The person of the Caliph is inviolable, he enjoys immunity from prosecution during his term of office and can be prosecuted after the expiration of his term of office only with the consent of the Majlis al-Ummah.
Article 143.
The Caliph is elected for a term of 5 years by the Majlis al-Shura.
The Caliph can be re-elected one more time.
Article 144.
The candidacy of the Khalifa is proposed by the Majlis al-Ummah within 10 days from the date of vacancy of this position.
The Majlis al-Shura is obliged to elect the Khalifa if the Majlis al-Ummah so requests.
Article 145.
Only a Muslim by birth, over 35 years of age, of good character and honesty, and possessing knowledge of Islamic sciences can be a caliph.
Exceptions to this are established by a special election law.
Article 146.
The Caliph appoints ambassadors and envoys after consultation with the Majlis al-Shura, with the right of recall.
The Caliph appoints the high command of the Islamic Armed Forces and is the supreme commander.
The Caliph independently forms his Chancellery.
Section Two. Signature of the Caliph.
Article 147.
Within 10 days from the date of the adoption of the law by the Majlis al-Shura or the agreement with it by the Majlis al-Da’wa, it is submitted to the Khalifa for consideration and must be signed.
Failure to sign automatically entails the right of veto.
Article 148.
The Caliph has the right to veto an adopted law, in which case the Majlis al-Shura has the right to override the veto with a two-thirds majority.
In this case, the Caliph is obliged to sign the law.
The Caliph does not have the right to refuse to sign a law on grounds of political inexpediency.
Section Three. The Caliphate’s Intervention in the Affairs of the Sultanates.
Article 149.
The right of intervention of the Caliphate is applied in the following cases:
- Disruption of the normal functioning of government bodies.
- Armed rebellion.
- Threats to rights and freedoms.
- Failure of the Sultanate to fulfill its obligations to the Caliphate.
Article 150.
The state of intervention is declared by the Majlis al-Shura upon the submission of the Caliph.
The decision on the right of intervention must contain the territory in which it is introduced, the term, the powers of the government emir, and measures to restore control and governance.
Article 151.
The authorities of the Caliphate must take all measures to compel the authorities of the Sultanate to fulfill their obligations and normalize the situation.
The armed right of intervention is the last resort before defending the territorial integrity of the Caliphate and armed rebellion.
Article 152.
Measures of intervention rights:
- Entering the Star Military Forces.
- Ending direct subsidies and tax collection by the Sultanate.
- Transfer of the Sultanate’s security services under direct control.
- Change of government bodies of the Sultanate.
Chapter Five. Government.
Part One. The Status of the Government.
Article 153.
The government is the highest federal executive body.
The names «Government» and «Cabinet of Ministers» are equivalent.
The Cabinet of Ministers comprises the Prime Minister and Union Ministers.
The Cabinet of Ministers makes its decisions in the form of decrees.
Article 154.
The Cabinet of Ministers directs the activities of the Union departments.
The Cabinet of Ministers has the right to form commissions to ensure its work.
Article 155.
The Cabinet of Ministers makes its decisions by a majority vote.
The government may issue temporary nizams (laws) until they are accepted or rejected by the Majlis al-Shura on matters permitted by law.
The Government may issue nizams (laws) on administrative matters until they are accepted or rejected by the Caliph.
Part Two. Election Procedure and Responsibility.
Article 156.
The government is formed on the basis of the principle of parliamentary majority in the Majlis al-Shura.
The candidate for Prime Minister is proposed by the Caliph or the Majlis al-Shura itself.
Within a week from the date of the Khalifa’s submission of the Prime Minister’s candidacy for consideration, the Majlis al-Shura is obliged to consider this issue.
Article 157.
The Prime Minister’s candidacy is approved by a two-thirds majority of the Majlis al-Shura.
The Majlis al-Shura may vote on each ministerial candidate.
Article 158.
The Majlis al-Shura has the right to pass a resolution of censure by a two-thirds majority and the government will be obliged to resign.
In this case, the Majlis al-Shura is obliged to propose a candidate for a new Prime Minister to the Khalifa for approval.
If the Caliph rejects this candidacy, the Caliph himself has the right to appoint a new Prime Minister.
Part three. Competence of the government.
Article 159.
The Government of the Caliphate pursues a unified socio-economic policy, forms the budget, participates in ensuring the security and defense of the state and society, and directs the activities of the union departments.
Article 160.
The Cabinet of Ministers pursues a unified policy in the field of state building and socio-economic development.
The Cabinet of Ministers adopts union programs for the country’s development in various areas.
Article 161.
The Cabinet of Ministers makes decisions on the operational management of the national economy.
The Cabinet of Ministers is in charge of social affairs.
Part Four. State of Threat and State of Emergency.
Article 162.
The government may, by its decree, introduce a state of threat.
A state of threat is declared when the functioning of support services is disrupted and the life and health of citizens is threatened.
Article 163.
A state of threat is introduced for a period of up to 60 days in one or more sultanates.
When a threat is imposed, the territory into which it is introduced is declared a threat zone and is controlled by the government emir.
Article 164.
The government may introduce a state of emergency by its decree.
A state of emergency is introduced for a period of up to 90 days in the territory of the Caliphate in the event of a threat to the life and health of citizens of the entire Caliphate and a disruption to the normal work and functioning of government bodies.
Article 165.
The Majlis al-Shura shall consider the matter within ten days from the date of the decision to introduce a state of emergency and may give its consent to the introduction.
The law adopted by the Majlis al-Shura establishes the duration of the state of emergency and the restrictions on the rights and freedoms of citizens.
Chapter Six. Authorities.
Part One. Economic and Social Shura.
Article 166.
The Economic and Social Shura is an executive body.
The Economic and Social Shura represents the Caliphate on economic and social issues in its relations with other countries.
Article 167.
The Chairman of the Economic and Social Shura is appointed and dismissed by the Caliph.
Economic and Social Shura:
- Considers projects for the socio-economic development of the country.
- Provides opinions on bills requiring additional appropriations.
- Establishes the principles of economic policy.
- Issues mandatory regulations on pricing policy issues.
Article 168.
Shura is considering socio-economic development projects.
The project is presented annually by the Ministry of Economy and represents a program of the state’s macroeconomic policy.
Article 169.
Shura provides opinions on bills whose implementation would require allocations from the reserve fund or reductions in other budget items.
Article 170.
The Economic and Social Shura makes its decisions in the form of resolutions and recommendations.
The Shura’s resolutions are binding on all government bodies.
Part two. Control bodies.
Article 171.
The Union Control Authority is headed by the Control Shura, the chairman of which is the Attorney General of the Caliphate.
The Union’s bodies of control power are: the Union Prosecutor’s Office, the Union Accounts Chamber, and the Control Service under the Caliph.
Article 172.
The Union’s Prosecutor’s Office constitutes a single centralized system with subordination of lower-level prosecutors to higher-level prosecutors and the Prosecutor General.
The Attorney General is appointed and dismissed by the Caliph with the consent of the Majlis al-Shura.
Article 173.
The Comptroller General of the Accounts Chamber is appointed by the Caliph with the consent of the Majlis al-Shura. His responsibilities include state financial oversight.
The Head of the Control Service under the Caliph is appointed by the Caliph. He also oversees the legality of the activities of civil servants of the Union’s militarized civil service.
Chapter Seven. The Judicial System.
Part One. The Qadi’s Court.
Article 174.
Everyone has the right to appeal to the court for the protection of rights and freedoms.
The courts are independent and subject only to the law.
Judges are irremovable.
Article 175
Judges are immune.
Everyone has the right to appeal to the court.
The trial must be speedy and public.
Article 176.
The court is based on equality of the parties to the process and adversarial proceedings.
The law that aggravates liability does not have retroactive effect.
Article 177.
No one is obliged to testify against their loved ones.
No one can be convicted twice for the same crime.
Irremovable doubts about guilt are interpreted in favor of the accused.
Article 178.
All judicial proceedings shall be public and shall not be held in camera except where authorized by the court to protect private secrets, questions of honour, or for reasons of national security or propriety.
Article 179.
The appointment of special courts is not permitted.
However, military courts may be convened to try members of the Armed Forces for actions classified as punishable only under military law.
For other acts they must be tried in civil court.
Article 180.
Enforcement of court decisions is the duty and obligation of every civil servant, and failure to enforce court decisions entails liability under the law.
The law provides for voluntary fulfillment of the obligation to enforce a court decision and imposes the obligation to monitor this on executive authorities.
Article 181.
The Qadis constitute a class of civil servants who have their own Islamic organs of internal governance of the community of judges.
A qadi may be a Muslim who has received special education and has reached the age of 25.
Article 182.
The Qadi appoints the Caliph on the recommendation of the Majlis al-Shura.
The appointment is for life for each qadi.
In his activities, the qadi must be guided exclusively by the Sharia.
Part two. On the structure of the judicial system.
Article 183.
The judicial system of the Caliphate is unified and includes the judicial system of the union and the judicial systems of the sultanates.
The judicial system of the union includes the Supreme Sharia Court, the appellate courts of the emirates and district Sharia courts.
The judicial system of the sultanates includes the Supreme Sharia Court of the Sultanate and district Sharia courts.
Article 184.
The judicial administrative tribunals are part of the Hisba system, headed by the Supreme Administrative Tribunal.
The Chairman of the Supreme Administrative Tribunal is the head of the Hisba.
Article 185.
Arbitration courts form a separate system and are part of the Sharia courts headed by the Supreme Arbitration Court.
The financial courts form a separate system, headed by the Supreme Financial Court.
Social courts form a separate system headed by the Supreme Social Court.
Part three. Constitutional Court.
Article 186.
The Constitutional Court of the Caliphate is the highest and final body of constitutional justice.
The Constitutional Court consists of thirteen members, five of whom are appointed by the Majlis al-Shura and the rest by the Khalifa.
Article 187.
The Constitutional Court resolves disputes regarding the conformity of laws with the Nizam, disputes regarding the competence of state authorities, and considers the decisions of the muhtasibs of the Hisba.
Article 188.
The Constitutional Court is part of political arbitration using conciliation procedures.
The Constitutional Court may declare the enforcement of its decisions in the event of a government crisis.
Article 189.
The Constitutional Court shall form from among its members the High Chamber of Justice to hear cases of criminal prosecution of the highest officials of the state.
Part Four. The Higher Shura of the Magistracy.
Article 190.
The Higher Shura of the Magistracy is presided over by the Caliph.
The First Chairman and the Attorney General are rightfully members of the Shura.
The Minister of Justice is the Vice-President by law. He can deputize for the Khalifa.
Article 191.
The High Shura of the Magistracy consists of two chambers, one of which has jurisdiction over judges, the other over prosecutors.
Seven members of the Chamber of Judges are elected by all judges from among persons belonging to the different categories of magistracy, and seven by the Majlis al-Shura.
Article 192.
The Chamber of Judges considers the admission to service in the magistracy, the appointment and transfer of magistrates, their promotion, and disciplinary measures concerning magistrates.
The Chamber of Public Prosecutors consists of five prosecutors and five members elected by Parliament. Its powers correspond to those of the Chamber of Judges.
Chapter Eight. The Galactic Caliphate Union.
Part One. The Structure of the State.
Article 193.
The Caliphate is formed as a union of sultanates.
The Galactic Sultanates are members of the Caliphate without exception.
The earth’s historical sultanates are ruled by a governing emir.
Article 194.
The secession of the galactic sultanate from the Caliphate is not permitted.
The Caliphate has the right to carry out an allied intervention in the jurisdiction of the Sultanate if the Sultanate refuses to fulfill its obligations to the Third Caliphate.
The Caliphate guarantees protection to each sultanate with all available forces in the event of aggression.
Part two. Legislation of the Caliphate.
Article 195.
The Caliphate’s responsibilities include:
- Unity of the customs territory.
- Adoption of the Basic Law and laws.
- Union citizenship.
- Management of union property.
- Granting political asylum.
- Union budget and taxes.
- Allied transport systems.
- Union State Service.
- Defense and security.
- Status of the state border.
- State awards.
- Conflict of laws.
Article 196.
The Caliphate may transfer some of its powers to the authorities of the Sultanate on the basis of an administrative agreement on the transfer of powers.
The administrative agreement must necessarily contain the period for which the powers are transferred.
The powers that be transferred cannot be the essence of the Caliphate.
Part three. Galactic Sultanates.
Article 197.
The names «Sultanate» and «Galactic Sultanate» are equivalent.
Sultanates are national states of Muslims that form a Muslim union.
The Sultan must be a Muslim over 40 years of age, with a higher education, political wisdom and good character.
The Sultan is elected for a term of 5 years by the Muslims of the national state.
Article 198.
The Sultanate, while enjoying autonomy in matters of governance, must be democratic and Islamic in nature.
The structure of the governing bodies and state power in the Sultanate must correspond to the Nizam.
Article 199.
In accordance with the wishes of the Muslims of the national state, the Sultan may occupy this position by inheritance.
In this case, the Parliament of the national state adopts a law on the order of succession to the throne.
The Sultan, by right of inheritance, can exercise only those powers which are granted to him by the Nizam.
Article 200.
The Sultan signs the laws of the national state, initiates legislation, and appoints senior government officials.
It is a symbol of the unity and loyalty of the national state to the Caliphate.
Article 201.
The Sultanate must have a Parliament with legislative powers.
The Majlis al-Shura of the national state is the legislative representative body.
The Sultan is not permitted to appoint members of the Parliament of the national state.
Part Four. Historical Earthly Sultanates.
Article 202.
The historical earthly sultanates of the mother planet Earth form a union territory under the control of an earthly governing emir.
The earthly government emir is appointed by the Majlis al-Shura upon the recommendation of the Caliph for a term of 5 years with the possibility of re-election.
Article 203.
The earthly government emir bears full responsibility for the prosperity and development of the historical earthly sultanates.
Historical earthly sultanates have the exclusive right, by virtue of history, to determine the structure of their state bodies.
The Caliphate has no right to interfere in the affairs of historical earthly sultanates within the limits of their competence.
Chapter Nine. Territorial organization of the state.
Part one. Emirates.
Article 204.
The Emirates are formed to ensure better governance of the state by the union authorities.
The decision to establish or abolish an emirate is taken by the Majlis al-Shura upon the proposal of the Caliph.
Within one month from the date of the Khalifa’s submission of the bill, the Majlis al-Shura is obliged to consider this issue.
Article 205.
If the decision to change the borders of the Emirates is rejected, the issue may be reconsidered after one year from the date of the rejection.
When creating emirates that require additional budgetary funds, the government’s opinion and its positive decision are required.
Article 206.
The head of the emirate is the emir.
The Emir is appointed and dismissed by the Caliph after consultation with the Majlis al-Shura.
The Majlis al-Shura may veto the candidacy of the emir and has the right to decide on the appointment or dismissal of the emir with the consent of the Caliph.
Article 207.
The Emir heads the Shura of the Emirate.
The Shura of the Emirate is appointed by the Emir and consists of 15 people from among the heads of territorial services of the union departments.
The Shura of the Emirates is a consultative body.
Article 208.
The responsibilities of the emirate include: monitoring the implementation of decisions of the union bodies, coordinating the activities of territorial services of the union departments, caring for everyone in need, and determining the optimal structure of government bodies in the emirate.
Part two. Vilayet.
Article 209.
The vilayet is formed by decision of the sultan to ensure the activities of the state authorities of the sultanate.
The head of the vilayet is the wali.
The Vali is appointed for a term of 5 years with the possibility of extension of powers.
Article 210.
The powers of the vilayet bodies are determined on the basis of decisions of the sultanate.
The Caliphate has no right to interfere in the affairs of the vilayets.
The Wali is responsible to the Sultan.
Part three. Hakimiyat.
Article 211.
Hakimiyat is an administrative-territorial district formed in the sultanate for the rational management of Muslim affairs.
The Hakimiyat is headed by a Hakim, whose appointment and dismissal takes place in accordance with the laws of the Sultanate.
Article 212.
The Hakim may establish public services and necessary governing bodies.
The Hakim may form a Shura for consultations.
Part four. Jamaat.
Article 213.
Jamaat is an Islamic municipal association or community created by its members for the best management of Muslim affairs in accordance with the Sharia of Allah at the municipal level.
The Jamaat carries out the general policy of the state and promotes the fulfillment of the sacred duty of every Muslim.
Article 214.
The highest governing body of the jamaat is the General Shura of the jamaat.
It is headed by the Amir of the Jamaat as the leader of the Jamaat.
The governing bodies of the Islamic community also include the Military Shura, the Shura of Faith, and the Shura for Socio-Economic Development.
Article 215.
The jamaat’s general shura is the body that expresses the interests and aspirations of the entire community. Its exclusive responsibilities include:
- Appointment and dismissal of military emirs of the jamaat.
- Adoption of the jamaat budget.
- Submitting a petition to the hakim to remove the amir of the jamaat and appoint a new one.
- Management of jamaat property.
- Management of waqfs.
- Organization of a mutual aid system.
- Election of other governing bodies of the jamaat.
- Interaction with the relevant khakimiyat.
Article 216.
The general shura of the jamaat is elected by the mahalla committees of the community for a term of 4 years with the possibility of recalling Shura representatives.
Shura representatives may be relieved of their duties by the General Shura itself or by the hakim, with subsequent approval of this decision by the General Shura of the jamaat.
Article 217.
The Amir of the Jamaat is elected by the General Shura of the Jamaat and is subsequently approved by the Hakim.
He is elected for a term of 2 years, with the term subsequently being extended an unlimited number of times.
He must have an Islamic education, understand the needs of the jamaat, and have organizational skills.
Article 218.
The Jamaat is completely independent and is not part of the system of state authorities of the Caliphate.
The jamaat’s budget is replenished through its own taxes.
Subsidies to the jamaat cannot serve as a means for its decision-making.
Article 219.
The Jamaat can establish its own municipal service.
Municipal employees of the jamaat perform their duties in accordance with the laws of the Caliphate on jamaats.
Chapter Ten. Adat and the Varlak Tribes.
Article 220.
The governing bodies of the Warlak tribes on the part of the state are the Ministry of Warlak Affairs and the Warlak Affairs Commission under the Caliph.
The Caliph does not have the right to create other executive bodies in this area of public relations.
Article 221.
The Ministry of Warlak Affairs is headed by a minister appointed and dismissed by the Caliph.
The Minister independently determines the staffing and structure of the Ministry.
Article 222.
Functions of the Ministry of Varlaks Affairs:
- Formation of courts for cases of war criminals.
- Implementation of union programs in the field of Bedouin development.
- Regulation of relations between tribes.
- Appointment of the Caliphate administration in each tribe.
- Preparation of bills on the cases of warlords.
- Submitting recommendations and reports to the Caliph on policy regarding the warlaks.
Article 223.
The Commission for Warlaks Affairs under the Caliph is formed by the Caliph.
At least one third of its members must be tribal leaders whose representation on the Commission expires with the term of their office in the tribes as leaders.
One third of the Commission’s members are appointed by the Majlis al-Shura for a term of 5 years without the possibility of re-election.
Article 224.
The Commission’s powers include:
- Consent to the appointment of tribal leaders.
- Determination of the boundaries of tribal settlement.
- Recommendations for tribes to comply with the laws of the Caliphate.
The Commission makes its decisions by a two-thirds majority.
The Commission makes advisory decisions by a simple majority of votes.
Article 225.
The Warlak tribes have their own judicial jurisdiction.
The highest court for warlaks is the Warlak Collegium of the Supreme Sharia Court.
In each tribe, an Appeals Court is formed from elders.
Tribal leaders establish district courts at their own discretion.
Article 226.
The tribes form the territory of the allied governance of the Varlak tribes.
Each tribe forms a territorial administration district.
Each tribe has jurisdiction only within its own territory.
Article 227.
The territory is governed by the Council of Tribal Sheikhs.
The Council of Sheikhs includes the leaders of all tribes ex officio.
Article 228.
The Council of Sheikhs is the highest tribal self-government body.
The Council of Sheikhs has the right to decide any issue of the tribes.
The Council of Sheikhs does not have the right to regulate family and marital relations of a non-judicial nature.
Article 229.
The Council of Sheikhs establishes an Office for regular management.
The Head of the Chancellery is appointed and dismissed by the Council of Sheikhs.
The structure and staff of the Chancellery are determined independently by the head of the Chancellery.
Article 230.
The tribal self-government bodies are the Sheikh, the Council of Elders, the Sheikh’s Office, the Tribal Adat Court (appeal), and the Shura of the Ulema.
The tribe itself can choose its own system of government within the framework of the laws of the republic.
Article 231.
A sheikh is a hereditary or elected head of a tribe.
The sheikh has the right to decide any issues concerning the development of the tribe.
The Sheikh’s decision may be reviewed by the Council of Elders.
The sheikh leads the tribe and represents it in relations with the state and other tribes.
