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An Islamic Constitution for Maldives?

from http://groups.yahoo.com/group/newmaldives posted by freemaldives2003@yahoo.com - opinions expressed are those of the author only

We have extensively discussed democratic constitutions here, both with and without parties. We seem to have neglected an Islamic constitution. So, I propose the following ideas for your consideration.

The head of state will be a Khalifa. He will be nominated by the outgoing (or dying) Khalifa. Others will give assent to him through "baiyath", which will be held in the form of a long line of people coming to Theemuge and shaking the hands of the new Khalifa. Once the "baiyath" is approved, a special messenger will be sent to the Custodian of the two Harams in Saudi Arabia for issuing his Decree Appointment.

The Khalifa will be advised by the Shura Majlis. It will consist of Ulema selected to the Majlis on the basis of their knowledge of Sharia. New members will be selected by already sitting members through oral examinations based on Sharia. (In the first instance, the Khalifa will nominate them through similar process).

Judiciary will be independent of Khalifa as well as the Majlis. Individual Qadis will also be independent of each other, supervision being unnecessary since each Qadi can interpret the Sharia himself. Qadi will hold court in a location of his choice in each island, assisted by the `dheyvaani', (the whipper) and `jallaadhu' (the executioner).

There will be no ministers. Civil administration will be kept to a minimum. The Khalifa will appoint a Naib for each Avah of Male and for each atoll. His main responsibility is to ensure the Kifaayath obligations of the community are fulfilled according to Sharia. He will also be responsible to provide social services such as health care, water supply and the running of Mardrasas. He will also be responsible for collecting Zakaath from Muslims and Jizya from the Dhimmis (non-Muslims living under the protection of Muslims. In Maldives these will be the tourists.) The Naib will appoint katheebs for each island to carry out delegated responsibilities.

The Khalifa will also appoint a "Bandeyri" of the "Baithul Maalu", the national treasury. He will be responsible for colleting all revenue and disbursing them.

There will be no NSS. Instead there will be the Mutawi or the squad for prevention of vice and promotion of virtue. The majority of people in the government services will belong to this squad. Their qualification will require graduation from a Madrassa. Actually, all Madrassas in the country will be geared to produce members of the squad. Other forms of education will be unnecessary. There main duties will be to ensure all citizens perform their "ghainiyya" obligations under the Sharia, and also to ensure that no acts punishable by Hadd are performed. Minor duties will include ensuring all citizens are properly dressed and women don't go out of the house without a Muharam, and that no music is played.

A very small Jihad force will be trained. They will have no responsibilities within the country except to organize a "Ghazyu" into a tourist resort owned by a Dhimmi who has disobeyed the Khalifa. Any Ghanima resulting from such a Ghazyu will be taken into the `Baithul Maalu'. This is to discourage unnecessary Ghazyu.

The economy will consist of trade. Bank of Maldives will be converted into a safe deposits where people's money will be kept as "Amaanaath". There will be no loans. Each depositor can only take out what he put in his own locker. Other sources of income other than employment in the Mutawi squad will be fishing. No Malidivian will work in a resort or own a resort. Resorts will be given to Dhimmis who live under the protection of the country paying Jizya.

Newspapers, which will be distributed, after Friday prayers will contain Fatwa issued by Khalifa and religious articles written by Shura members. Cable TV will have multiple channels, all of them giving different readings of Quran by various Qaris.

What are the advantages of this system?

 1. There will be no corruption, as it is forbidden in Islam
 2. There will be no drug problem, as it is forbidden in Islam
 3. There will be no abuse of power, as it is forbidden in Islam
 4. There will be no torture, as it is forbidden in Islam
 5. There will be no adultery, as it is forbidden in Islam
 6. There will be no theft, as it is forbidden in Islam
 7. There will be no murder, as it is forbidden in Islam
 8. There will be no violence, as it is forbidden in Islam

 
 
 
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