Draft Constitution of the Khilafah: 191 Articles of Dastur Ready to Govern the World
Dear readers, there is one question that very often arises when someone begins to study Islam seriously: “If the Khilafah is truly established, what will the actual state structure look like? Is there a written constitution? Or is everything left as is?”
This question is very natural and intelligent. Because without a clear constitution, how would the people know their rights and obligations? How would the Khalifah know the limits of his power? And how could the entire Muslim Ummah worldwide unite under one system without rules written in black and white?
Alhamdulillah, Islam has never left its Ummah without guidance. The book Nizhamul Hukm fil Islam by Sheikh Taqiuddin An-Nabhani of Hizbut Tahrir has compiled a Draft Constitution (Ad-Dastur) that is very detailed, consisting of 191 articles covering all aspects of life.
This is not a constitution written based on speculation or personal desire. Each article is sourced from the Qur’an, Sunnah, Ijma’ of the Companions, and Qiyas — then adopted (tabanni) by the Khalifah as state law.
Let us comprehensively explore the 191 articles of the Khilafah’s Dastur in 10 important points.
1. Introduction: Why Does the Khilafah Need a Written Constitution?
Some say: “Isn’t the Qur’an enough? Why need a man-made constitution?”
This question assumes that the Dastur is a “man-made constitution.” This is a grave error. The Dastur is not a constitution created from scratch by humans. It is a compilation (collection) of Shariah laws already existing in the Qur’an and Sunnah, then systematically arranged to be easily understood and applied by the state.
Allah ﷻ says:
الْيَوْمَ أَكْمَلْتُ لَكُمْ دِينَكُمْ وَأَتْمَمْتُ عَلَيْكُمْ نِعْمَتِي وَرَضِيتُ لَكُمُ الْإِسْلَامَ دِينًا
“This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion.” (QS. Al-Ma’idah [5]: 3)
Allah ﷻ also says about the principle of human dignity and diversity:
يَا أَيُّهَا النَّاسُ إِنَّا خَلَقْنَاكُمْ مِنْ ذَكَرٍ وَأُنْثَىٰ وَجَعَلْنَاكُمْ شُعُوبًا وَقَبَائِلَ لِتَعَارَفُوا ۚ إِنَّ أَكْرَمَكُمْ عِنْدَ اللَّهِ أَتْقَاكُمْ ۚ إِنَّ اللَّهَ عَلِيمٌ خَبِيرٌ
“O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted.” (QS. Al-Hujurat [49]: 13)
This verse becomes the fundamental basis in the Dastur that the Khilafah is not a racist state, not a narrow nationalist state, and not a state that discriminates against any tribe or nation. Nobility in the Khilafah is measured only by taqwa — not skin color, not lineage, not wealth, and not position.
The Qur’an and Sunnah are already complete. But the question is: how to apply thousands of laws into one organized state system? This is where the Dastur plays its role. It is the “roadmap” connecting between Shariah law (already perfect) and state implementation (needing clear structure).
Without the Dastur, the Khilafah cannot stand firm — just like a building without a blueprint. With the Dastur, every citizen knows their rights and obligations, every official knows their limits, and every law has clear certainty.
2. Definition of Ad-Dastur: Constitution Sourced from Revelation
In Hizbut Tahrir’s tsaqofah, Ad-Dastur is defined as:
الدُّسْتُورُ: هُوَ مَجْمُوعَةُ الْأَحْكَامِ الشَّرْعِيَّةِ الَّتِي تُنَظِّمُ شُؤُونَ الدَّوْلَةِ الْإِسْلَامِيَّةِ
“Ad-Dastur is the collection of Shariah laws that regulate the affairs of the Islamic state.”
Note: the Dastur is not “man-made law.” It is Allah’s ﷻ law that has been adopted (tabanni) by the Khalifah as state law. Its sources are only four:
First: The Qur’an. The primary and highest source. Every article contradicting the Qur’an is automatically void.
Second: The Sunnah. Explanation and details of the Qur’an. The Sunnah of the Messenger of Allah ﷺ is the second source of law that cannot be separated.
Third: Ijma’ of the Companions. Consensus of the Companions (may Allah be pleased with them). Their agreement is a binding evidence because they are the best generation who understood directly from the Messenger of Allah ﷺ.
Fourth: Qiyas. Shariah analogy performed by mujtahids for new issues that have no direct text.
Allah ﷻ says:
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنْكُمْ ۖ فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ
“O you who have believed, obey Allah and obey the Messenger and those in authority among you. Then if you disagree over anything, refer it to Allah and the Messenger.” (QS. An-Nisa’ [4]: 59)
“Refer it to Allah and the Messenger” — this is the fundamental principle ensuring that every article in the Dastur must not depart from divine sources.
Allah ﷻ also says about the obligation to deliver trusts to those entitled:
إِنَّ اللَّهَ يَأْمُرُكُمْ أَنْ تُؤَدُّوا الْأَمَانَاتِ إِلَىٰ أَهْلِهَا وَإِذَا حَكَمْتُمْ بَيْنَ النَّاسِ أَنْ تَحْكُمُوا بِالْعَدْلِ ۚ إِنَّ اللَّهَ نِعِمَّا يَعِظُكُمْ بِهِ ۗ إِنَّ اللَّهَ كَانَ سَمِيعًا بَصِيرًا
“Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice. Excellent is that which Allah instructs you. Indeed, Allah is ever Hearing and Seeing.” (QS. An-Nisa’ [4]: 58)
This verse becomes the basis of the principle of governmental trust in the Dastur. Every position in the Khilafah — from the Khalifah to the lowest official — is a trust that must be delivered to its rightful owner. The Khalifah cannot arbitrarily use power; he is directly accountable to Allah ﷻ and to the people who have trusted him. If this trust is betrayed, the people have the right to reprimand him and the Mahkamah Mazhalim has the right to try him.
Table 1: Sources of the Khilafah’s Dastur
| Source | Position | Example of Application |
|---|---|---|
| Qur’an | Primary & highest source | Zakat, hudud, inheritance, Shariah |
| Sunnah | Second source, explaining the Qur’an | Method of prayer, bay’ah, jihad |
| Ijma’ of Companions | Binding evidence | Obligation of appointing a Khalifah |
| Qiyas | Analogy for new issues | Digital transactions, cyber law |
3. Structure of 191 Articles: Six Chapters Touching Every Aspect of Life
The Khilafah’s Dastur consists of 191 articles divided into 6 main chapters. Each chapter covers one fundamental aspect of state life. This is not a randomly chosen number — it reflects the breadth of Islamic Shariah’s scope which indeed regulates all sides of life.
Chapter 1: General Provisions (Articles 1-6). The creed foundation of the state. Here it is affirmed that the Khilafah is an Islamic state, the Qur’an and Sunnah are the sources of law, Arabic is the official language, and Islamic Shariah is the basis of all regulations.
Chapter 2: Governance System (Articles 7-124). This is the largest chapter — 118 articles covering the entire state structure: Khalifah, Muawin (assistants), Wali (governors), departments, judiciary, People’s Assembly, security, and administration. Why so many? Because Islam is indeed very detailed in regulating state governance — not a single institution is left without rules.
Chapter 3: Social System (Articles 125-135). Rules about aurat, male-female relations, khalwah, ikhtilath, marriage, and family. This chapter guarantees the moral purity of society.
Chapter 4: Economic System (Articles 136-164). Ownership, Baitul Mal, zakat, prohibition of riba, wealth distribution. This chapter ensures a just economy without extreme inequality.
Chapter 5: Education (Articles 165-177). Creed-based curriculum, Arabic language, formation of Islamic personality. This chapter guarantees a generation that understands Islam comprehensively.
Chapter 6: Foreign Relations (Articles 178-191). Foreign policy, diplomacy, international treaties, jihad, and classification of Darul Islam vs Darul Kufr.
Table 2: Overview of the 191 Articles Structure
| Chapter | Articles | Count | Main Focus |
|---|---|---|---|
| 1. General Provisions | 1-6 | 6 articles | State creed, sources of law |
| 2. Governance System | 7-124 | 118 articles | Khalifah, departments, judiciary, security |
| 3. Social System | 125-135 | 11 articles | Aurat, marriage, morality |
| 4. Economic System | 136-164 | 29 articles | Ownership, Baitul Mal, zakat, anti-riba |
| 5. Education | 165-177 | 13 articles | Curriculum, Islamic personality |
| 6. Foreign Relations | 178-191 | 14 articles | Diplomacy, jihad, international treaties |
4. Chapter 1: General Provisions — The Creed Foundation of the State
These first six articles are the foundation distinguishing the Khilafah from all other states in the world. Here it is affirmed that this state is not secular, not democratic, not nationalist — but an Islamic state whose legal sovereignty is in the hands of Allah ﷻ.
Article 1: Affirms that the Khilafah is a sovereign Islamic state. There is no state religion other than Islam, no governance system other than the Islamic system.
Article 2: The Qur’an and Sunnah are the highest sources of law. Every regulation, decision, or policy contradicting them is void by law.
Article 3: Arabic is the official language of the state. This is not about linguistic pride, but a practical need. The Qur’an was revealed in Arabic, Shariah is formulated in Arabic, and Muslims cannot understand the sources of law without mastering it.
The Messenger of Allah ﷺ said:
أَحِبُّوا الْعَرَبَ لِثَلَاثٍ: لِأَنِّي عَرَبِيٌّ، وَالْقُرْآنَ عَرَبِيٌّ، وَكَلَامَ أَهْلِ الْجَنَّةِ عَرَبِيٌّ
“Love the Arabs for three reasons: because I am Arab, the Qur’an is Arabic, and the speech of the people of Paradise is Arabic.” (HR. At-Tirmidhi no. 3655)
Article 4: Islamic Shariah becomes the basis of all state regulations. No law can be enacted unless based on Shariah evidence.
Article 5: The Khalifah is the head of state leading the entire Muslim Ummah worldwide. He is the only leader entitled to adopt law (tabanni).
Article 6: The state capital is determined by the Khalifah based on strategic considerations. In history, the Khilafah’s capital has been in Madinah, Damascus, Baghdad, and Istanbul.
Table 3: 6 Articles of General Provisions
| Article | Main Content | Significance |
|---|---|---|
| 1 | Sovereign Islamic state | Affirms state identity |
| 2 | Qur’an & Sunnah as sources of law | Ensures legality of law |
| 3 | Arabic as official language | Maintains access to sources of Shariah |
| 4 | Islamic Shariah as basis of regulations | No law without Shariah evidence |
| 5 | Khalifah as head of state | Single leadership of the Ummah |
| 6 | Capital determined by Khalifah | Geographically flexible |
5. Chapter 2: Governance System — The Heart of the Constitution
With 118 articles, Chapter 2 is the heart of the Dastur. This is no coincidence — Islam indeed places state governance as the most detailed and important aspect.
The Messenger of Allah ﷺ said about the responsibility of every leader:
كُلُّكُمْ رَاعٍ وَكُلُّكُمْ مَسْئُولٌ عَنْ رَعِيَّتِهِ: الْإِمَامُ رَاعٍ وَمَسْئُولٌ عَنْ رَعِيَّتِهِ، وَالرَّجُلُ رَاعٍ فِي أَهْلِهِ وَهُوَ مَسْئُولٌ عَنْ رَعِيَّتِهِ، وَالْمَرْأَةُ رَاعِيَةٌ فِي بَيْتِ زَوْجِهَا وَمَسْئُولَةٌ عَنْ رَعِيَّتِهَا
“Each of you is a shepherd and each of you is responsible for his flock: the Imam (leader) is a shepherd and is responsible for his flock, a man is a shepherd in his family and is responsible for them, and a woman is a shepherdess in her husband’s house and is responsible for it.” (HR. Bukhari no. 7138 and Muslim no. 1829)
This hadith becomes the philosophical foundation of why Chapter 2 contains 118 articles — because Islam views that every position is a responsibility that will be accounted for in the Hereafter. Not only the Khalifah, but every Wali (governor), every Qadhi (judge), every Amirul Jihad (war commander) — all will stand before Allah ﷻ and be held accountable for what they led.
Executive Structure (Articles 7-50): The Khalifah is the supreme leader. He is chosen through bay’ah, not election. His conditions are strict: Muslim, male, adult, sane, just, free, capable of leading. The Khalifah has two types of assistants: Mu’awin at-Tafwidh (executive assistant given broad authority) and Mu’awin at-Tanfidz (administrative assistant coordinating departments). The Wali (governors) lead regions and are directly accountable to the Khalifah.
Judicial Structure (Articles 66-80): The judiciary is independent from the Khalifah. It consists of three types: Qadhi Khusumat (individual disputes), Qadhi Hisbah (public rights violations), and Qadhi Mazhalim (ruler’s injustice). The Mazhalim judge can try the Khalifah — there is no immunity in Islam.
Representative Institutions (Articles 81-95): The People’s Assembly as a forum for people’s aspirations and Ahlul Halli wal ‘Aqdi as the body that chooses and oversees the Khalifah. Both are not a democratic parliament — they do not make law, they only convey aspirations and oversee.
Security and Defense (Articles 96-110): Amirul Jihad leads the troops. The Khilafah’s military is tasked with protecting the Ummah and carrying da’wah, not for colonization or aggression.
Table 4: Governance Structure in Chapter 2
| Article Range | Institution | Function |
|---|---|---|
| 7-15 | Khalifah | Supreme leader, holder of the Ummah’s trust |
| 16-25 | Mu’awin at-Tafwidh | Executive assistant, deputy of Khalifah |
| 26-35 | Mu’awin at-Tanfidz | Administrative assistant, coordinator |
| 36-50 | Al-Wulah (Governors) | Regional leaders |
| 51-65 | Departments | Industry, foreign affairs, information, etc. |
| 66-80 | Judiciary | Qadha, Hisbah, Mazhalim |
| 81-95 | People’s Assembly & Ahlul Halli wal ‘Aqdi | Aspirations and selection of Khalifah |
| 96-110 | Security & Defense | Military, police |
| 111-124 | Administration | Public service, technical |
6. Chapters 3 and 4: Social Interaction and Economy — Guarding Morality and Justice
Chapter 3: Social System (Articles 125-135).
This chapter guarantees the moral purity of society. Its rules are not fabricated — they all come from clear evidence.
Aurat (Articles 125-128): Women are obligated to cover their entire body except the face and hands. Men are obligated to cover between the navel and knee. This is not “oppression of women” — it is protection of honor.
Male-Female Relations (Articles 129-131): Khalwah (being alone between non-mahram man and woman) is prohibited. Ikhtilath (mixing) is limited to Shariah-compliant needs. Allah ﷻ says:
وَقُلْ لِلْمُؤْمِنَاتِ يَغْضُضْنَ مِنْ أَبْصَارِهِنَّ وَيَحْفَظْنَ فُرُوجَهُنَّ
“And tell the believing women to reduce [some] of their vision and guard their private parts.” (QS. An-Nur [24]: 31)
Marriage and Family (Articles 134-135): Marriage is the only lawful path to build a family. Polygamy is permitted up to four with the condition of justice. Zina is prohibited and has its Shariah punishment.
Chapter 4: Economic System (Articles 136-164).
This chapter builds a just economy without extreme inequality. The principle is simple but revolutionary.
Ownership (Articles 136-142): Islam divides ownership into three: Individual (house, vehicle, personal wealth), Public (abundant natural resources: oil, gas, water, large mines), and State (for public interest). Public Ownership cannot be privatized.
The Messenger of Allah ﷺ said:
الْمُسْلِمُونَ شُرَكَاءُ فِي ثَلَاثٍ: فِي الْمَاءِ وَالْكَلَإِ وَالنَّارِ
“Muslims are partners in three things: water, pasture, and fire (energy).” (HR. Abu Dawud no. 3477)
Baitul Mal (Articles 143-150): The state treasury that is transparent and accountable. It manages income from zakat, fai’, kharaj, jizyah, and proceeds of Public Ownership.
Strict Prohibitions (Articles 156-160): Riba is absolutely haram (0%). Monopoly is prohibited. Gharar (unclear transactions) is haram. Ihtikar (hoarding) is prohibited. Allah ﷻ says:
كَيْ لَا يَكُونَ دُولَةً بَيْنَ الْأَغْنِيَاءِ مِنْكُمْ
“…so that it will not be a perpetual distribution among the rich from among you.” (QS. Al-Hashr [59]: 7)
Table 5: Comparison of Islamic Economy vs Capitalism in the Dastur
| Aspect | Dastur of Khilafah | Capitalism |
|---|---|---|
| Ownership of Natural Resources | Public (belongs to the people) | Private (can be controlled by corporations) |
| Riba | Absolutely haram (0%) | Legal and the core of the system |
| Currency | Gold (Dinar) & Silver (Dirham) | Paper money (fiat, vulnerable to inflation) |
| Zakat | Obligatory, collected by the state | None (voluntary charity) |
| Wealth Distribution | Active (zakat, inheritance, natural resources for people) | Passive (failed trickle-down effect) |
7. Chapters 5 and 6: Education and Foreign Relations
Chapter 5: Education (Articles 165-177).
Education in the Khilafah is not merely knowledge transfer — it is the formation of Islamic personality (syakhshiyyah Islamiyyah). Every student must understand Islam from the aspects of creed, fiqh, history, and tsaqofah.
Curriculum (Articles 169-172): All sciences are taught from an Islamic perspective. Science, mathematics, history, geography — all are integrated with Islamic creed. There is no secularism in the curriculum. There is no separation between “religious sciences” and “general sciences.”
Arabic Language (Articles 173-175): Obligatory for all Muslims to learn. Arabic is the key to understanding the Qur’an, Hadith, and the entire treasury of Islamic knowledge. Without Arabic, Muslims will always depend on imperfect translations.
Allah ﷻ says:
إِنَّا أَنْزَلْنَاهُ قُرْآنًا عَرَبِيًّا لَعَلَّكُمْ تَعْقِلُونَ
“Indeed, We have sent it down as an Arabic Qur’an that you might understand.” (QS. Yusuf [12]: 2)
Chapter 6: Foreign Relations (Articles 178-191).
The Khilafah is not a closed state. It has a global mission: bringing the mercy of Islam to the entire world.
Foreign Policy (Articles 178-182): Based on da’wah and jihad, not economic colonization. The Khilafah will not be a member of the UN, IMF, or other secular international institutions because that means submitting to law other than Allah’s law.
Diplomacy (Articles 183-186): The Khilafah has ambassadors, enters into international treaties (muahadat), and diplomatically engages with other countries. But all treaties must conform to Shariah. The Khilafah will not sign treaties violating halal-haram.
Classification of Territories (Articles 187-189):
- Darul Islam: Territory applying Islamic Shariah under the Khilafah
- Darul Kufr: Territory not applying Islamic Shariah
- Darul ‘Ahd: Territory having a peace treaty with the Khilafah
Jihad (Articles 190-191): Jihad fi sabilillah is a collective obligation. Its purpose is not conquest for plunder, but removing obstacles to da’wah so that humans can hear about Islam freely.
Table 6: Classification of Territories in International Relations
| Territory Type | Definition | Historical Example | Status |
|---|---|---|---|
| Darul Islam | Applies Shariah, under the Khilafah | Madinah, Damascus, Baghdad | Khilafah territory |
| Darul Kufr | Does not apply Shariah | Rome, Persia (time of the Prophet) | Target of da’wah/jihad |
| Darul ‘Ahd | Has a peace treaty with the Khilafah | Non-Muslims with treaties | Protected as long as treaty holds |
8. Tabanni: How the Khalifah Adopts the 191 Articles into Law
Although the Dastur contains Shariah laws, the process of establishing them requires Tabanni — official adoption by the Khalifah as state law.
Why is Tabanni Necessary?
Because in many fiqh issues, scholars differ in opinion (ikhtilaf). For example: what percentage is agricultural zakat? 5% or 10%? Both have valid evidence. If the state does not establish one opinion, the people will be confused and there will be no legal certainty.
So the Khalifah performs tabanni — choosing the opinion with the strongest evidence and making it a law applied uniformly throughout the Khilafah’s territory.
Examples of Tabanni in History:
| Issue | Difference of Opinion | Khalifah’s Tabanni |
|---|---|---|
| Agricultural Zakat | 5% (irrigated) or 10% (rain-fed)? | Umar established 10% for rain-fed land |
| Tarawih Prayer | Congregation or individual? | Umar established congregation of 20 rakaat |
| Codification of the Qur’an | When to compile? | Abu Bakr & Uthman compiled into one mushaf |
| Postal System | Needed or not? | Umar adopted from Persia |
Historical Context of Tabanni:
It should be understood that the process of tabanni has existed since the era of the Rightly Guided Caliphs, not a new concept created by Hizbut Tahrir. When Abu Bakr ash-Shiddiq (RA) was appointed as Khalifah, he immediately performed tabanni on various laws that were previously still individual ijtihad. For example, when a group refused to pay zakat, Abu Bakr made ijtihad and established that zakat is an obligation that must be fought over if refused — a tabanni based on the saying of the Messenger of Allah ﷺ and affirmed by all the Companions.
In the time of Umar bin Khattab (RA), tabanni became more structured. He established the Diwan (administrative body) for the first time — an institution that did not exist in the time of the Messenger of Allah ﷺ. Umar adopted the population registration system, state salary system, and organized judicial system. All of this is a form of tabanni: taking existing Shariah laws, then organizing them into a systematic state structure.
In the time of the Umayyads and Abbasids, tabanni continued to develop according to the challenges of the times. The codification of hadith by Imam Bukhari and Muslim, the formation of the four fiqh schools (Hanafi, Maliki, Shafi’i, Hanbali), and the compilation of Islamic law books — all are manifestations of the tabanni process performed by the Caliphs and scholars of their time.
What distinguishes Hizbut Tahrir’s Dastur from these historical tabannis is systematics and completeness. This Dastur does not wait centuries to be compiled — it is ready before the Khilafah itself is established. Meaning, as soon as the Khilafah is established, there is no period of “legal vacuum” or “trial and error.” The new Khalifah can immediately adopt this ready Dastur and begin applying Shariah comprehensively from day one.
Important: Tabanni is not “creating new law.” The Khalifah only chooses from existing Shariah opinions. He cannot establish an opinion that has no evidence at all.
Table 7: Conditions for Valid Tabanni
| Condition | Explanation | Consequence If Violated |
|---|---|---|
| Based on Shariah Evidence | Must have foundation in Qur’an/Sunnah | Void if no evidence |
| Not Contradicting Ijma’ | Must not oppose scholarly consensus | Ijma’ is higher than tabanni |
| For the Interest of the Ummah | Not for personal/group interest | Annulled by Mahkamah Mazhalim |
| Announced to the People | Must be transparent and publicly known | Not valid if concealed |
9. Comparison: Khilafah’s Dastur vs. Modern Constitutions
After understanding the Khilafah’s Dastur, let us compare it objectively with modern constitutions existing today.
Table 8: Comparison of Constitutions
| Aspect | Khilafah’s Dastur (191 Articles) | 1945 Constitution (Indonesia) | US Constitution |
|---|---|---|---|
| Source | Qur’an & Sunnah | Man-made (BPUPKI) | Man-made (Founding Fathers) |
| Number of Articles | 191 | 37 + amendments | 7 articles + 27 amendments |
| Can Be Changed? | No (that which is qath’i) | Yes through amendments | Yes through amendments |
| Scope | All aspects of life | Only state outline | Only state outline |
| Stability | Firm, unchanging | Changing | Changing |
| Presidential Immunity | None | Exists (some cases) | Exists |
| Sovereignty | In Allah’s hands ﷻ | In the people | In the people |
Advantages of the Khilafah’s Dastur:
- Divine source, not result of political compromise
- Complete — regulates from creed to international relations
- Stable — does not change with every regime change
- Just — all people equal before Shariah
Weaknesses of Modern Constitutions:
- Source from humans — vulnerable to political interests
- Incomplete — many aspects of life unregulated
- Changing — often amended according to rulers’ interests
- Often ignores the rights of minorities and the little people
10. Conclusion: Constitution Ready to Govern the World
After exploring 10 important points, let us summarize the lessons we can take.
Ad-Dastur of the Khilafah is:
- Not a man-made constitution, but a compilation of Shariah laws from the Qur’an, Sunnah, Ijma’, and Qiyas
- Very complete — 191 articles touching every aspect of life, from creed to international relations
- Stable and fixed — unchanging because sourced from Allah’s law which does not change
- Ready to be applied — not abstract theory, but a real blueprint that can be implemented at any time
Table 9: Summary of the Khilafah’s Dastur
| Principle | Description |
|---|---|
| Source | Qur’an, Sunnah, Ijma’ of Companions, Qiyas |
| Count | 191 articles in 6 chapters |
| Nature | Fixed, unchanging for that which is qath’i |
| Mechanism | Tabanni by the Khalifah |
| Scope | Creed, governance, social interaction, economy, education, foreign relations |
| Objective | Apply Shariah comprehensively, protect the Ummah, carry da’wah |
Dear readers, these 191 articles of the Khilafah’s Dastur are not merely a historical document or academic theory. They are a real blueprint prepared by the scholars of Hizbut Tahrir based on Nizhamul Hukm fil Islam. They are ready to be implemented at any time — as soon as the Khilafah is established, this Dastur will become the state constitution regulating all aspects of the Muslim Ummah’s life.
What Is the Most Fundamental Difference Between the Dastur and Modern Constitutions in Practice?
This difference is not only about text — but about the way of life produced by the two constitutional systems.
First: The Dastur does not know the concept of “constitutional change” for matters that are qath’i (definitive). In modern constitutions, amendments are common — Indonesia’s 1945 Constitution has been amended 4 times, the US Constitution has been amended 27 times. Every regime change or political shift can trigger constitutional change. The Dastur is different: qath’i laws (such as the obligation of prayer, the prohibition of riba, the hudud for zina) cannot be changed by anyone — not by the Khalifah, not by the People’s Assembly, not even by the entire Muslim Ummah. What can change are only ijtihadi laws that are indeed flexible according to time and place.
Second: The Dastur regulates personal life, not only state life. Modern constitutions generally only regulate state structure: who is president, how is parliament, what are the court’s authorities. Personal affairs of citizens — how to dress, how to transact, how to form a family — are left to “individual freedom.” The Dastur is not so. It regulates from the smallest matters (how to dress, etiquette of interaction) to the largest (war, peace, international diplomacy). Not because the Dastur wants to control every second of people’s lives — but because Islam understands that worldly and Hereafter happiness can only be achieved by following Allah’s ﷻ guidance comprehensively.
Third: The Dastur does not know “judges who make law.” In modern constitutional systems, constitutional judges can invalidate laws, reinterpret constitutions, and effectively “create new law” through their rulings. This is called judicial activism. In the Dastur, judges only apply existing Shariah law — they do not have the right to invalidate Qur’anic verses, change hadith, or create new laws without Shariah basis. Justice in the Dastur is not the result of subjective judicial interpretation, but the result of applying Allah’s law whose sources are clear.
Fourth: The Dastur does not know “state of emergency” suspending the entire constitution. In modern constitutions, when the state is in emergency (war, disaster, crisis), the president can declare a “state of emergency” and suspend the constitution — human rights are frozen, parliament is paralyzed, power is centralized in one hand. In the Dastur, there is no such concept. Shariah law remains applicable in both peace and war. Jihad still has strict Shariah rules: women, children, and the elderly must not be killed; places of worship must not be damaged; trees must not be cut. Even in warfare, the Khilafah remains bound by Allah’s ﷻ law.
Fifth: The Dastur guarantees legal certainty not possessed by modern constitutions. In democratic systems, laws can change every 5 years with government changes. Today something is legal, tomorrow it can become illegal because the law has changed. In the Dastur, Allah’s law does not change — the prohibition of riba today is the same as the prohibition of riba 1,400 years ago. The permissibility of trade today is the same as the permissibility of trade in the time of the Messenger of Allah ﷺ. This certainty provides stability that no constitution in the world can offer.
The Messenger of Allah ﷺ said about the return of the Khilafah:
ثُمَّ تَكُونُ خِلَافَةً عَلَى مِنْهَاجِ النُّبُوَّةِ
“Then there will be a Khilafah upon the method of prophethood.” (HR. Ahmad no. 22177)
And that Khilafah will run with a clear Dastur — not with improvisation or trial-and-error.
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