A Governing Constitution Based on the Quran

FEATURED

Omeed Gül

11/8/20222 min read

A Governing Constitution Based on the Quran
A Governing Constitution Based on the Quran

Below is an actual constitution which has been written in accordance to the Quran. This constitution is ready for application in any geographic place where the people are willing to accept and honor its implementation.

In the name of the Divine Creator of all things we, the people of [place name of country/town here], hereby enter into a covenant with God, to establish a republic to promote justice, freedom, and the pursuit of security and happiness for all (Quran 3:18, 3:21, 4:135, 4:58, 5:8, 7:29, 10:23, 10:47, 16:90-91, 22:40, 42:39, 57:25).

ARTICLE I

1. This constitution shall override and supersede any existing constitutions, legislation, or laws within the republic.

2. The Quran shall be the basis for this republic and all legislation and laws shall be in accordance.

3. This constitution shall take effect in all provinces and geographic areas currently known as [place name of country/town here] and which shall be defined by its mutually agreed borders.

4. All people and entities within the republic are obligated to uphold and defend this constitution at all times.

5. [place name of capitol here] shall be designated as the permanent capitol for the republic of [place name of country/town here].

6. [place language here] shall be the official language of the republic.

7. Citizens are deemed as those persons who belong to the native tribal and cultural communities within the republic at the time of implementing this constitution. All persons who racially belong to the ethnic majority at the time of implementation are considered native. Those that do not fit into this criteria are eligible for legal residence status. The law shall grant [place name of citizenship] citizenship to any person who has been a legal resident of the republic for at least five years and passes a screening criteria and exam requirement. The biological or marital offspring of citizens are eligible for citizenship, including only if one or the other parent is a citizen. Parents must have been married prior to their offspring reaching the age of eighteen for eligibility.

ARTICLE II

Freedoms and rights are granted by this constitution to people of the republic and may not be suspended, diluted, or obstructed (Quran 17:70).

1. Freedom Of Speech

All people have the right of free speech, freedom of the press, the right to assemble, the right to protest peacefully, the right to establish unions, and the right to establish political parties (Quran 4:140, 6:68, 28:55-56, 16:125, 58:1 71:8-9).

2. Freedom Of Doctrine

All people have the right to believe in any faith or religion they may see fit. The freedom of doctrine includes the establishment of temples, mosques, synagogues, churches and any other constructs used for such purpose (Quran 2:256, 4:79-80, 5:92, 16:125, 16:82, 17:53-54, 18:29, 39:41, 42:48, 64:12, 67:25-26, 88:21-22).

3. Freedom Of Movement

All people may travel freely throughout the public lands of the republic and exit its borders with no restriction. Such right extends to include the movement of goods (Quran 29:56).

4. Right To Bear Arms

All people have the right to keep and bear arms, to purchase and/or obtain weapons for their own defense and/or for sport or hunting purposes (Quran 4:102).

5. Right To PrivacyAll people have the right to privacy against spying, trespassing, entering private property without the owner’s permission or court warrant, obtaining, and/or sharing private information (Quran 24:27-29, 49:12).

6. Right To Possess WealthAll people have the right to possess wealth, property, land, and/or to engage in trade, development, and/or commerce (Quran 2:275, 3:14, 26:183).

7. Right To Seek JusticeAll people and/or entities have the right to demand justice against any crime that befalls them without obstruction or undue delay (Quran 4:148).

8. Right To RepresentationAll male citizens that are forty years of age or older (Quran 46:15), and that own property or land, have the right to voice their concerns through their local representative on the national council and seek solutions by such representative and/or the national council (Quran 3:159, 42:38).

ARTICLE III

The legislative powers of the republic shall be vested in a national council that shall be representative of the people.National council members will be elected based on districts, whereby each district is defined as an area with a citizen population of one percent of the total population of the republic. Areas that have populations below one percent shall have their number added to the nearest geographic area until that number reaches or exceeds one percent. Seats for the national council will be allotted on the basis of a minimum of one seat for every district, with districts having populations in multiples of one percent being allotted one extra seat for each multiple.Persons eligible for the national council must be male citizens who are at least forty years of age or older (Quran 46:15), own property or land, graduate from a Quranic-based educational institute or form of study, and must be residents of the district they are elected from.

Seats to the national council will be granted to those who achieve a majority vote by the national council. Votes in single member districts will be made on the basis of alternative voting, while votes in multiple member districts will be made on the basis of single transferable voting.National council members, unless re-elected, shall serve one term of five years beginning on the first day of the first month of the new year.Elections shall be concluded 90-days prior to the end of the existing national council members’ term of office to ensure a smooth transition and handover of duties and responsibilities.

In cases of death or resignation, a new national council member shall be elected from the same district to serve the remaining term of the departed national council member.Each national council member carries one vote with the council decisions becoming law based on a two thirds (2/3) or more vote on the issue(s).The national council, and the republic as a whole, is granted only the following powers:

1. The power to coin money as legal tender, only if such money is coined in gold or silver or backed by gold or silver (Quran 9:34).

2. The power to lend and/or borrow money, interest-free, on behalf of the republic (Quran 2:275, 2:282).

3. The power to establish sales taxes and tariffs to fund expenses of the republic (Quran 2:195).

4. The power to lease public lands for the purpose of development and betterment (Quran 7:74).

5. The power to preserve and protect wildlife and the natural ecological balance (Quran 5:1-2, 30:41).

6. The power to charge for services, appropriate funds, approve budgets, and fund investments for infrastructure development or for any other proven advancement of society (Quran 2:195).

7. The power to initiate legal proceedings and/or claims on behalf of the republic (Quran 42:39).

8. The power to enter into treaties and/or agreements with foreign nations/peoples (Quran 8:72).

9. The power to establish a military for land, sea, and air (Quran 8:60).

10. The power to establish police and fire departments for the protection of people and their rights (Quran 6:82).

11. The power to establish border security forces, including the physical construction of border protection walls and/or barriers (Quran 18:94).

12. The power to establish selective immigration policies, and scientific and cultural standards of racial identity (Quran 4:25, 6:38, 18:94, 30:21-22, 49:13).

13. The power to deport illegal migrants safely and humanely, including those of legal residence status that have been found guilty by the courts for crimes committed (Qur'an 2:49, 2:122, 18:94).

14. The power to end armed conflict in/or between foreign nations (Quran 49:9-10).

15. The power to declare war and appropriate a war cabinet only if the republic is attacked or under an imminent and recognizable threat of attack (Quran 2:190-193).

16. The power to call for a public militia in defense of the republic and its lands (Quran 8:65).

All national council members shall assemble on the 15th weekday of each month for a period of three weekdays to discuss legislation and/or appropriation and/or any matters that concern the well being of the republic and its citizens. The national council may vote to shorten or extend its assembly on condition that the assembly does not fall below one full day and one gathering per quarter. The national council may also be called for assembly at any other time during the year at the request of at least six national council members.

ARTICLE IV

The executive powers of the republic shall be placed in a prime minister who shall be appointed by the national council (Quran 2:124).

The prime minister will serve a term of four years that may be continually renewed indefinitely.The prime minister shall be responsible for carrying out the approved policies and strategies of the national council. The prime minister shall also be responsible for the administration and management of the republic.

The prime minister shall represent the republic before foreign dignitaries/nations and may enter into non-binding negotiations/discussions regarding all matters that concern the republic.

ARTICLE V

The Judicial powers of the republic shall be independently placed in a high court and its subsequent lower courts that shall rule according to the laws placed by the national council (Quran 2:150).

The high court shall comprise of twelve justices who shall be appointed by the national council and who shall hold office as long as proper conduct and legal adherence is maintained. The high court shall have the responsibility of appointing court judges, presiding over cases of treason, presiding over impeachment of the prime minister or council members, and having the ultimate judicial authority over lower courts.

The high court’s decisions are binding based on a 2/3 or more vote (Quran 42:38).

ARTICLE VI

All persons being accused of a specific crime, which must be supported by a court warrant, will have their constitutional rights as outlined in ARTICLE II temporarily suspended and replaced with the following rights:

1. Right To Presumption Of InnocenceAll people accused are considered innocent until proven guilty. The burden of proof falls upon the accuser. No detainee may be held for longer than 24 hours unless a court order is obtained based on the assessment of credible evidence related to the charges brought forth. No detainee may be subjected to physical or psychological torture, and/or humiliation, and/or forced confession, and/or any other form of physical or psychological harm or abuse. If the court finds the accused innocent of the charges put forth, then no further legal proceedings or accusations on the same case may be presented (Quran 2:49, 12:50-51, 49:12).

2. Right To A Fair And Speedy TrialAll people accused of a crime have the right to a fair trial which shall be free of prejudice, influence, or any external factors that may cause injustice to occur. The accused also has the right to be tried quickly without undue delay (Quran 4:58).

3. Right To An AttorneyAll people accused of a crime shall have the right to be represented through a specialized attorney if they should so chose. If an attorney cannot be arranged or afforded by the accused, then it is the responsibility of the republic to provide an attorney with no expenses to the accused (Quran 26:12-14).

4. Punishment Does Not Exceed The Crime CommittedThe court is responsible for ensuring that all punishments and rulings decreed by its officers are less than or equal to the nature of the crime committed. Therefore, excessive bail shall not be required, nor excessive fines imposed, nor cruel and unreasonable punishments inflicted (Quran 16:126).

5. Right Of ConfrontationAny person being accused has the right to face his/her accusers in any house of law (Quran 49:12).

6. Right To AppealAll people have the right to appeal a ruling that is found to be against them by requesting that a new trail be set with a different judge presiding. An appeal may only be carried out one time, unless it can be proven through credible evidence that both trials did not display fairness or a full analysis of facts, in which case the high court will preside over the matter, and their judgement supersedes all other judgements and shall be final (Quran 21:78-79).

ARTICLE VI

The role of the republic shall remain strictly small and limited as defined by the rules promulgated in ARTICLE III (Quran 2:205, 2:30, 5:32, 11:85, 13:25, 26:185, 28:77, 29:36). Any and all expenses of the republic shall only be funded through the revenue generated from the legal sale of republic-owned natural resources, as well as the revenue generated through services, sales taxes, and tariffs.

ARTICLE VII

All branches of the republic shall operate in complete transparency and openness. Records must be made public, and meetings of the council shall be deliberated to an open audience, and/or through a televised screening (Quran 58:10).

The only exception to this transparency requirement shall be matters that are deemed threatening to the security of the republic (Quran 58:9), and in such cases the records of such deliberations may be concealed from the public for a maximum period of five years or as long as the national council deems there to be a clear and present danger to the republic from the release of such information.

ARTICLE VIII

All national council members shall be obligated to take the oath of the republic as stipulated below and shall be legally bound by it:Oath of the republic: “I [name of person to be placed here] solemnly swear before God and before the witness of the citizens of this republic to uphold the role of [position to be placed here] to the best of my abilities to protect the integrity of the constitution and the republic. I swear to live my life according to the laws and regulations of the republic and to uphold the highest moral character. I swear to work in the best interest of the republic and to constantly strive to improve life for its citizens. I swear never to abuse my position or authority in any way, shape, or form for personal gain. I swear never to carry favor to any person or persons or group be they family members or friends or acquaintances beyond what is fair and just. I swear to stand for and to promote the laws of peace and justice wherever I may be. I have placed God as a witness over this oath of mine, may He have mercy on my soul and guide me to always do what is right.”

ARTICLE IX

No branch of authority or person may directly or indirectly finance, sponsor, or engage in, the destabilization or undermining of the republic, its racial and cultural norms and demographics, and/or its traditional family and gender structures, either by way of design and/or by way of covert or otherwise armed operations. All residents and citizens shall acknowledge the inalienable right of the republic to exist as a state exclusively for the use and residence of its people, and shall refrain from all acts of disloyalty, subversion, or counter-revolution (Quran 2:204-205, 38:28).

No citizen, resident, corporation, institution, or authority shall charge any form of interest, premium, or any other form of fee or bonus for any loan of money (Quran 2:275, 2:276-280, 3:130, 4:161, 30:39).

The republic has and shall maintain the right to demand of all residents and citizens of the state their loyalty, their active support and aid, and their participation in the life of the community and the tribe to the utmost of their ability.

ARTICLE X

The republic's economic system will adhere to free-market values and open competition (Quran 2:148, 3:133, 5:48, 23:61), as well as the encouragement of pursuing creativity, arts, sciences, exploration, and technical innovation within the republic (Quran 3:190, 27:40, 34:13, 55:33).

Parents shall be encouraged to have more children if birth numbers have fallen below replacement levels, ensuring that the cultural heritage and majority racial demographic of [place name of country/town here] would be preserved. Tribal and racial concerns shall not be ignored (Quran 4:25, 6:38, 30:21-22, 49:13). Standards of race and citizenship shall be established by a Bureau of Race and Immigration, which shall set all racial parameters and codes, establish scientific and cultural standards of racial identity, and which shall make determination in individual cases where applicable.The republic shall acknowledge the family structure based on the institution of marriage, with the gainfully employed father as the head (Quran 2:228, 4:34). Therefore the values historically attached to this traditional family unit will be seen as integral to the state, declaring that sexual morality and the protection of the family being a primary goal and supporting pillar of the republic, its laws and institutions.Intellectual rights are to be protected from infringement and unauthorized duplication (Quran 3:188).

ARTICLE XI

Amendments towards the betterment of this constitution may be made (Quran 11:88) based on a 5/6 vote of the national council and a unanimous endorsement from the high court justices as to the legality of the amendment in view of the existing articles of constitution. All amendments cannot contradict original articles and must not be inserted into the original text of this consitution.

In God we have placed our trust (Quran 10:71, 64:13).

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