Excerpts from Hizb ut-Tahrir draft constitution:
Article 7 c.
Those who are guilty of apostasy (murtadd) from Islam are to be executed according to the rule of apostasy, provided they have by themselves renounced Islam. If they are born as non-Muslims, i.e., if they are the sons of apostates, then they are treated as non-Muslims according to their status as being either polytheists (mushriks) or People of the Book.
No one is permitted to take charge of ruling, or any action considered to be of the nature of ruling, except a male who is free (Hurr), i.e. not a slave, mature (baaligh), sane (‘aaqil), trustworthy (‘adl), competent; and he must not be save a muslim.
Muslims are entitled to establish political parties to question the rulers and to access the positions of ruling through the Ummah on condition that the parties are based on the ‘Aqeedah of Islam and their adopted rules are aHkaam shar’iyyah; the establishment of such a party does not require a license by the State. Any party not established on the basis of Islam is prohibited.
Every mature male and female Muslim, who is sane, has the right to participate in the election of the Khaleefah and in giving him the pledge (ba’iah). Non-Muslims have no right in this regard.
There are seven conditions needed in the Khaleefah so that the Khilafah can be contracted to him. They are to be a male, Muslim, free (Hurr), mature (baaligh), sane (‘aaqil), trustworthy (‘adl) and able (qaadir).
DELEGATED ASSISTANT (Mu’aawin ut-tafweeD)
The Mu’aawin ut-tafweeD must be qualified with the same essential qualifications of the Khaleefah, i.e. that he should be male, free, Muslim mature, sane, and ‘adl (trustworthy). Additionally he must be competent in the tasks for which he is deputised to undertake.
EXECUTION ASSISTANT (Mu’aawin ut-tanfeedh)
The Mu’aawin ut-tanfeedh must be a Muslim because he is one of the Khaleefah’s entourage.
The Khaleefah is to appoint a chief judge authorised to appoint, discipline, and dismiss judges within the administrative regulations. The chief judge must be a mature Muslim male who is sane, just and a jurist. The remaining employees of the courts come under the domain of the directorate that administers the court’s affairs.
THE GOVERNORS OF THE PROVINCES (WULAH)
The waalis and the ‘aamils are appointed by the Khaleefah. The waali can, if authorised, also appoint the ‘aamils. The walis and ‘aamils must possess the same qualifications as the Khaleefah, i.e., Muslim, male, free, mature, sane, ‘adl (trustworthy or competent) and competent in their responsibilities. They have to be selected from the people of piety (taqwa) and strength.
THE UMMAH ASSEMBLY (Majlis ul-Ummah)
Every citizen of the State has the right to become a member of the Majlis al-Ummah, provided he or she is both mature and sane. This applies to Muslim and non-Muslim. However, membership to non-Muslims is confined to their voicing of complaints in respect to unjust acts performed by the rulers or the misapplication of Islam upon them.
All citizens, Muslim or not, may express their views, but shura is a right for the Muslims only.
THE SOCIAL SYSTEM
Segregation of the sexes is fundamental, they should not meet together except for a need that the shar’ allows or for a purpose the shar’ allows men and women to meet for, such as trading or pilgrimage (Hajj).
A woman can participate in elections and giving of the bai’ah to the Khaleefah, and elect, and be a member of the Majlis al-Ummah, and can be appointed as an official of the State in a non-ruling position.
Women are not allowed to take charge of ruling, thus women cannot hold the positions of Khaleefah mu’aawin, waali, ‘aamil nor to practice any actions of ruling. She is not allowed to be a chief judge, a judge in maHkaamat ul-MuDHalim nor ameer of Jihad.
Women live within a public and private life. Within their public life, they are allowed to live with other women, maHram males [males forbidden to them in marriage] and foreign men (whom they can marry) on condition that nothing of the women’s body is revealed, apart from her face and hands, and that the clothing is not revealing nor her charms displayed. Within the private life she is not allowed to live except with women or her maHram males and she is not allowed to live together with foreign men. In both cases she has to restrict herself with the rules of shara’.
Women are forbidden to be in private (khulwah) with any men they can marry, they are also forbidden to display their charms or to reveal their body in front of foreign men.
Marital lives is one of tranquillity and companionship. The responsibility of the husband on behalf of his wife (qiwaamah) is one of taking care, and not ruling. She is obliged to obey her husband and he is obliged to meet the costs of her livelihood according to a fair standard of living (ma’roof).
The custody of children is both a right and duty of the mother, whether Muslim or not, so long as the child is in need of this care. When children, girls or boys, are no longer in need of care, they are to choose which parent they wish to live with, whether the child is male or female. If only one of the parents is Muslim, there is no choice for the child is to join the Muslim parent.
The purpose of education is to form the Islamic personality in thought and behaviour. Therefore, all subjects in the curriculum must be chosen on this basis.
The goal of education is to produce the Islamic personality and to provide people with the knowledge connected with life’s affairs. Teaching methods are established to achieve this goal; any method that leads to other than this goal is prevented.