5 Kasım 2019 Salı

Al-Andalus Caliphate Draft Constitution

Note: I found the following Draft Consitution for Al-Andalus on Internet. This should be improved according to the Protocol for Constitutions: 


Al-Andalus Caliphate Draft Constitution
1.   Ummah Al-Andalus:  all citizens and residents of Al-Andalus. Anyone can join the Ummah.

2.   Al-Andalus Citizen:  any individual paying the Al-Andalus Caliphate citizenship fee, renting an Al-Andalus commercial space or otherwise deemed qualified as citizen by the Citizenship Committee.

3.   Al-Andalus Resident: any member of the Al-Andalus Caliphate group.

4.   4 Communities compose the Ummah Al-Andalus:
a)   Muslim Community (MC);
b)   Christian Community (CC);
c)   Jewish Community (JC); and
d)   Fourth Community (FC).

-   Each community elects:  * 1 Community Leader and * 2 Representatives, who constitute each community’s Community Council (CC) (marked as Assembly on Chart).
-   There is no citizenship requirement to vote for or be elected.  Both citizens and residents can participate.
-   The CC deals with private law issues specific to the community – religion, culture, education, family, dispute resolution
-   The CC appoints a Community Arbitrator, who may be asked by consenting parties to resolve disputes.  His / her decisions can be appealed to the Lower Mahakim (Court of Justice).
-   Each community is autonomous in its specific fields mentioned above.
-   50 per cent of the citizens’ fees belonging to that community go to the community; donations can also be accepted from both citizens and residents.

5.   Shura: All residents and citizens of Al-Andalus meet together in an assembly to consult, discuss, debate issues pertaining to the entire community
-   the Shura discusses public / administrative / commercial issues and the budget;
-   only Al Andalus citizens elect the Majles-e Shura and initiate bills.

6.   Majles-e Shura: the elected assembly of Andalus.
-   all citizens are entitled to vote or to stand for office;
-   composed of  11 members;
-   decides on public / administrative / commercial issues and the budget;
-   members elected by single transferable vote, once every 6 months;
-   confirms all public officers’ appointments:  Wasir, Amir, Sultan, Citizenship Committee Members, Finance Committee Members, Judges, Council of Experts Members
-   decides by simple majority: 6 out of 11 votes;
-   constitutional / entrenched legislation changes must obtain 8 out of 11 votes.
-   Elects its Chair, the Hajib, by simple majority
-   Once adopted by it, all legislation is referred to the Council of Experts for approval or referral back for reconsideration

7.   Hajib: Chair of the Majles-e Shura; sets the agenda of the Majles-e Shura.  Must resign if he/she loses a Vote of Confidence ( like the Budget Bill).

8.   Drafting Committee:  composed of 3 members, who draft bills in cooperation with the Majles-e Shura and Community Councils.

9.   Finance Committee:  Composed of:
a)   Estate Owner / Treasurer (owns sims and holds all community funds);
b)   Budget Manager; (prepares draft budget and submits it to the Majles-e Shura); and
c)   Internal Auditor: reviews both draft budget and the Budget Bill adopted by the Majles-e Shura
All members are appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura.

10.   Amir: Sims Administrator, implementing decisions of the Diwan and Majles-e Shurah;  1 per sim / city; appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura.

11.   Diwan: the executive of Al-Andalus, composed of 6 members; appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura

12.   Wasir: Leader of the Executive of Al-Andalus and Khalifah’s main adviser.  Elected by majority vote by all Al-Andalus Citizens at the same time as the Majles-e Shura Members.  Has right to initiate legislation.

13.   Sultan: Al-Andalus Ummah Arbitrator and Ombudsperson
-   can resolve any dispute of consenting citizens; decisions can be appealed to the Upper Mahakim;
-   investigates any complaint about public officers / institutions and submits report and recommendations to the Council of Experts.
-   Has a Secretary;
-   appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura

14.   Khalifah: Leader of the Ummah Al-Andalus
-   hereditary, non-elected position;
-   nominates all Al-Andalus public officers on the advice of the Wasir;
-   must sign all legislation passed by the Majles-e Shura and approved by the Council of Experts, on advice of the Wasir
-   can veto all legislation on advice of Wasir or, exceptionally, on own initiative, after Majles-e Shura passed it and Council of Experts approved it.
-   can initiate legislation on advice of the Wasir or on own initiative.
-       can be impeached by petition of 3/4 of Shurah (all citizens) and removed by 3/4 of Council of Experts (7 votes out of 9)

15.   Citizenship Committee: 3 members; reviews and makes decisions all citizenship applications; decisions can be appealed to the Upper Mahakim.

16.   Lower Mahakim (Court of Justice):  minimum 3 kadis (judges) appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura.  Court of First Instance of the Ummah.

17.   Upper Mahakim (Court of Justice):  minimum 3 kadis appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura.  Court of Appeal of the Ummah.

18.   Kadi al-Mahakim (Senior Judge):  Head of the Ummah’s Courts system; appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura. 

19.   Mahakim Administrator:  Manages the Ummah’s Courts system

20.    Council of Experts:  9 Ulemas (members): 6 Muslims; 1 Christian; 1 Jewish, 1 Other.
-   appointed by the Khalifah on the advice of the Wasir, and confirmed by the Majles-e Shura. 
-   Court of Final Appeal of the Ummah; must give leave to appeal to take on cases from Upper Mahakim;
-   Interprets and decides on all constitutional / charter matters; 
-   May confirm / overrule / change Sultan’s recommendations (as ombudsperson)
-   Must approve all legislation referred to it by the Majles-e Shura as in conformity with the Constitution, Charter, Qur’an and Sunna, or refer it back for review;
-   Decides on all issues on a 5 out of 9 vote, except constitutional changes, where a 6 out of 9 majority is required.
-   Can remove the Khalifah on joint petition of Wasir, Amir, Sultan and Hajib (after unanimous vote in the Majles-e Shura) by unanimous vote (consensus), and appoint a new Khalifah by unanimous decision (consensus).

21.   Al-Andalus Caliphate Constitution and Charter of Rights and Responsibilities:  sets out principles of governance and justice of the Al-Andalus Ummah. 

22.    Qur’an and Sunna: Source of all legislation of the Al-Andalus Caliphate, including its Constitution and Charter of Rights and Responsibilities.  Only the Council of Experts can authoritatively rule as to their interpretation and application in Al-Andalus.

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