Beruflich Dokumente
Kultur Dokumente
As per Pakistani researcher of Islamic history Qamaruddin Khan, the term Islamic state system
"was never utilized in the hypothesis or practice of Muslim political theory, before the twentieth
century". The case that Islam is an amicable mix of religion and governmental issues is a cutting
edge motto, of which no follow can be founited nationsd in the previous history of Islam. The
very term, "Islamic state system" was never utilized in the hypothesis or practice of Muslim
political theory, before the twentieth century. Likewise if the initial thirty years of Islam were
acknowledged, the authentic direct of Muslim states could barely be recognized from that of
different states in world history.
"The Pakistani essayist Qamaruddin Khan, for instance, has recommended that the political
hypothesis of Islam doesn't emerge from the Qur'an yet from conditions and that the state is
neither supernaturally authorized nor carefully funited nationsdamental as a social
establishment."
U.N. gauges depict the Islamic state system as "returning from a proto-State structure to a
secretive system" and refer to data gave by Part States in judging that "the aggregate control" of
the Islamic state system bunited nationsch is "flawless," similar to a portion of its key
bureaucratic substances.
With respect to its rejection of positive law, the Islamic state system has kept away from
orchestrating everything aside from the most comprehensively known Islamic real measures.
Regardless of the way that the Islamic state system has appropriated formed principles for the
order of hudūd infringement—those bad behaviors for which the Quran united
nationsequivocally portrays a control, the social event generally takes the position that there is no
convincing motivation to record the measures of the shari'a in light of the fact that they have
quite recently been conveyed in the funited nationsdamental compositions of divulgence. Thusly,
the caliph is appreciated as an immaterial administrator of heavenly law, rather than an official
himself.
Contingent upon showing depicted over, the Islamic state system has made an assortment of
rules and rules to administer customary residents, discipline its own specialists and warriors, and
control a territory. Such rules oversee matters that were not really tended to by the Quran and
various wellsprings of shari'a, for instance, fines for traffic violations. The Islamic state system
ensures that the principles are the identical in the sum of the zones that it regulates. The Islamic
state system ensures that the standards are the proportionate in the total of the districts that it
regulates. An Iraqi normal resident supporter of the Islamic state system said that in every one of
the three of the zones that he has visited Anbar, and Salah commercial Commotion "The
standards are really the equal." Regardless, intellectuals of the Islamic state system restrict this
thought. A Syrian nonmilitary faculty from said that the reality of the standards and the degree of
prerequisite may vary broadly between different domains. Likewise, the principles often progress
after some time—getting harsher as the Islamic state system blends control and when there is a
change in the authority of a particular city or zone. The Islamic state system has given different
files Demonstrating the rights and commitments of its subjects, whom it generally insinuates as a
Nās ("the people") and less Frequently as ri'aya (really, "the crowd"). Stretching out long from
13 to 16 articles, these compositions recognize the responsibilities of the Islamic state system to
its subjects and the a different way. In January 2016, the Islamic state system gave a mechanized
wathīqat al-madīnah steered to all occupants ofthe caliphate. The presentation portrays the
document as a "contract" that "describes the sharī'a benchmarks and Islamic rules by which the
shepherd and the group are bounited nationsd." The 13 articles of the record, excerpted united
nationsderneath in Table 1, describe two or three especially funited nationsdamental rights to
which all subjects of the caliphate are entitled: (1) the benefit to value and reasonable treatment
of law; (2) the benefit to security of individuals and property; and (3) the benefit to open product
and adventures gave by the Islamic state system. It in like manner portrays their commitments:
(1) a commitment to fulfill responsibilities required by Islam, including abstention from alcohol
and meds, and (2) a commitment of dedication to the Islamic state system. In spite of the way
that not referenced at this moment, Islamic state system creations derive that the caliph may be
ousted from power in case he fails to fulfill his completion of the arrangement.
Help to crooks."
Article 3 "... We don't make allegations without
Help to crooks."
Article 4 "We request that the assets that were united
nationsder
of need ..."
Article 12
"[God directions that we] set up Islamic
The benefit to value is referenced more than once in authentic explanations and proclamation
conveyed by the Islamic state system. As one chronicle from Raqqa states, "The Islamic state
system is just and there is no separation between an official and a Muslim [civilian]. In the
shari'a courts, all are viewed as dependable and no one has immunited nationsity, comparably as
the Prophet said he would expel Fatima's hand [the Prophet's daughter] in case she took." The
Islamic state system furthermore ensures that its Muslim (male) subjects hold the benefit to
ascend to united nationsder the watchful eye of the law of God: "The people are as identical as
the teeth of a brush. There is no difference between the rich and destitute individuals and the
strong and the delicate. The holder of a benefit has audit, and the grievance of a hurt social
occasion will be answered."
The Islamic state system uses its real structure to oversee and control the direct of the masses in
habits that help the social event's ideological and of and military goals. As referenced over, the
Islamic state system has masterminded the couple of infringement that are expressly described in
the Quran (known as hadd bad behaviors). An instance of these guidelines, gave in the Syrian
district. Despite these fixed orders for hadd infringement, the Islamic state system in like manner
controls discretionary orders alluded to in Islamic authentic wording as for bad behavior that isn't
expressly blocked by God. These lesser orders may in like manner be realized in circumstances
where an individual has been accused for a hadd bad behavior, yet the evidence is deficient for a
conviction. For example, in the Iraqi city of Anah, an assumed cheat was openly whipped as a
ta'zīr discipline considering the way that the case didn't meet the evidentiary essentials for the
hadd discipline (expelling a hand).
To begin with, the Islamic state system rebuffs conduct that is seen as compromising the state.
This class incorporates secret activities, conspiracy, coordinated effort with foes, defilement or
theft of open assets, and spreading issue (hirābah). A significant number of these offenses are
united nationsderstood as demonstrations of dereliction and are in this way deserving of death.
2nd, the Islamic state system rebuffs wrongdoings against the religion or open profounited
nationsd quality. These incorporate infidelity, homosexuality, lewdness, renunited nationsciation,
sex entertainment, black magic, and selling or devouring medications, liquor, or cigarettes. 3rd,
the Islamic state system rebuffs wrongdoings or torts against specific people or society in
general. These incorporate robbery, thievery, assault, a rip-off, battery, and murder. Table 3
outlines the dispersion of an example of 279 disciplines that the Islamic state system has forced
on Iraqi and Syrian regular citizens for various kinds of offenses since April of 2013. Burglary
was the most well-known offense (51 occasions) trailed by abandonment (43 of cases) and
infidelity (33 of examples
11
Enforcement of the law:
The accompanying areas portray the founited nationsdations that the Islamic state system has
created to implement the principles and guidelines depicted previously. The Islamic state system
has a similar three highlights that are available in any cutting edge legitimate framework: (1) the
police, (2) the courts, and (3) penitentiaries.
12
Three-state building elements of the Islamic state system lawful framework:
13
The United nationsited Nations legal system:
(United nationsited Nations principal Organs)
14
Divisions and Workplaces
SECRETARIAT
• EOSG Official Office of the Secretary-General
This Outline iis an impression of the utilitarian association of the Assembled Counited nationstries
Framework and for instructive purposes as it were. It does exclude all workplaces or elements of the
Assembled Counited nationstries Framework.
15
Draft goals can be sent to the General Gathering by its six principle panels:
16
United nationsited Nations Funited nationsdamental standards and
Rules on lawful framework:
Reviewing the Widespread Assertion of Human Rights, which reveres the key standards of
alongside all ensures vital for the barrier of anybody accused of a punited nationsitive offense,
other least assurances and the qualification to be attempted immediately. Perceiving additionally
that the Assembled Counited nationstries Standards and Rules on Access to Lawful Guide in
Criminal Equity Frameworks, added to the present goals, can be applied by Part States,
considering the incredible assortment of lawful frameworks and financial conditions on the
planet.
17
Part States, upon demand in the zone of criminal equity change, including therapeutic
equity.
Also demands the Assembled Counited nationstries Office on Medications and
Wrongdoing, subject to the accessibility of extra budgetary assets, to make the Standards
and Rules generally accessible, including through the advancement of important
instruments, for example, handbooks and reference booklets.
Invites Part States and different benefactors to give extra budgetary assets to the reasons
depicted above, as per the guidelines and methodology of the Assembled Counited
nationstries.
Requests the Secretary‐General to answer to the Commission on Wrongdoing
Anticipation and Criminal Equity at its twenty‐third meeting on the usage of the present
goals.
Right to lawful guide
Responsibilities of the state
Legal help for individual suspected for an accuse of a criminal offense
Legal help for casualties of wrongdoing
Legal help for witnesses
Non-segregation
Prompt and powerful arrangement of lawful guide
Right to be educated
Remedies and shields
Equity in access to legitimate guide
Legal help to the greatest advantage of the younited nationsgster
Independence and insurance of legitimate guide suppliers
18
Group:
The Gathering of 77 (G77) at the UNITED NATIONS is a free alliance of creating counited
nationstries, intended to advance its individuals' aggregate monetary interests and make an
improved joint arranging limit in the UNITED NATIONS. Seventy-seven counited nationstries
established the association, however by November 2013 the association had since extended to
133 part counited nationstries. The gathering was established 15 Junited nationse 1964 by the
"Joint Assertion of the Seventy-Seven Nations" gave at the Assembled Counited nationstries
Meeting on Exchange and Advancement (UNITED NATIONSCTAD). The gathering held its
first significant gathering in Algiers in 1967, where it received the Contract of Algiers and built
up the reason for changeless institutional structures. With the selection of the New Global
Financial Request by creating nations during the 1970s, crafted by the G77 spread all through the
UNITED NATIONS framework.
"Ideas, for example, 'equity', 'the standard of law' and 'transitional equity' are basic to united
nationsderstanding the united nationsiversal network's endeavors to upgrade human rights, shield
people from dread and need, address property debates, empower monetary advancement,
advance responsible government and calmly resolve struggle". In any case, despite the fact that
these ideas "serve both to characterize our objectives and to decide our strategies", there was no
concession to what they implied. Rather, as the report regretted, there was a variety of definitions
and united nationsderstandings even among the UNITED NATIONS's accomplices in the field.
What was "basic" according to the Secretary-General so as to cooperate adequately, was to
accomplish a "typical comprehension of these ideas".
Components of law:
Having presented the defense for building up a typical comprehension, the Secretary-General
leaves on setting out the subtleties. In the "idea" section cited over the Secretary-General
recognizes no united nationsder fifteen components that are conclusive for his comprehension of
the standard of law: it is a
people, organizations and the substances, the open and the private, incluiding the state
itself, are responsible for laws, which as far as concerns them must be
Publicly declared,
19
Equally upheld,
Independently mediated,
Amazingness of law,
Equality united nationsder the careful gaze of the law,
Accounited nationstability of the law,
Fairness in the usage of the law,
Separation of powers,
Participation in united nationsique,
Legal and conviction,
Avoidance of attestation,
Procedural, authentic straightforwardness.
"The regulating establishment of our work in propelling the standard of law is simply the
Contract of the Assembled Counited nationstries, together with the four mainstays of the cutting
edge global legitimate framework: worldwide human rights law; united nationsiversal
philanthropic law; global criminal law; and global exile law. This incorporates the abunited
nationsdance of Joined Counited nationstries human rights and criminal equity norms created in
the last 50 years".
Since these measures are "all arounited nationsd material gauges received united nationsder the
protection of the United nationsified Counited nationstries", they should hence "fill in as the
standardizing reason for every single Joined Counited nationstry exercises on the side of equity
and the standard of law"
20
Targets:
1-peacemaking and security
An investigation by the RAND Partnership in 2005 saw the UNITED NATIONS as fruitful in
two out of three peacekeeping endeavors. It thought about endeavors at counted nations try
working by the UNITED NATIONS to those of the US, and fruited nations that seven out of
eight UNITED NATIONS cases find a sense of contentment, as contrasted and four out of eight
US cases settled. Likewise in 2005, the Human Security Report archived a decrease in the
quantity of wars, destructions, and human rights maltreatment since the finish of the Virus War,
and displayed proof, yet incidental, that global activism—generally led by the UNITED
NATIONS—has been the primary driver of the decrease in equipped clash in that period.
Circumstances in which the UNITED NATIONS has acted to keep the harmony as well as
mediated incorporate the Korean War (1950–53) and the approval of intercession in Iraq after the
Inlet War (1990–91).
21
22
23
Enforcement of law:
Article, 1 Law authorization authorities will consistently satisfy the
obligation forced upon them by law, by serving the
communited nationsity and by ensuring all people against
illicit acts, predictable with the high level of duty required by
their calling.
Article ,2 In the presentation of their obligation, law requirement
authorities will regard and secure human pride and keep up
and maintain the human privileges everything being equal.
Article ,3 Law implementation authorities may utilize power just when
carefully fundamental and to the degree required for the
exhibition of their obligation.
Article, 4 Issues of a private sort in the ownership of law
implementation authorities will be kept secret, joined
nationsless the exhibition of obligation or the necessities of
equity carefully require something else.
Article ,5 No law requirement authority may exact, incite or endure any
demonstration of torment or other savage, brutal or debasing
treatment or punited nationsishment, nor may any law
authorization official conjure unrivaled requests or excellent
conditions, for example, a condition of war or a risk of war, a
danger to national security, inside political flimsiness or some
other open crisis as a defense of torment or other pitiless,
barbaric or corrupting treatment or punited nationsishment.
Article ,6 Law implementation authorities will guarantee the full
assurance of the wellbeing of people in their care and,
specifically, will make quick move to make sure about clinical
consideration at whatever point required.
Article ,7 Law implementation authorities will not submit any
demonstration of defilement. They will likewise thoroughly
contradict and battle every single such act.
Article ,8 Law implementation authorities will regard the law and the
present Code. They will likewise, to the best of their ability,
forestall and thoroughly restrict any infringement of them.
Law implementation authorities who have motivation to
accept that an infringement of the present Code has happened
or is going to happen will report the issue to their unrivaled
specialists and, where fundamental, to other proper specialists
or organs vested with checking on or healing force.
24
25
Conclusion:
26
References:
https://fas.org/sgp/crs/mideast/R43612.pdf
Eickelman, D. F.; Piscatori, J. (1996). Muslim politics. Princeton: Princeton United
nationsiversity Press. p. 53.
U.N. Document S/2018/705, July 27, 2018.
Abu Muhammad al-Maqdisi, Kashf Shubhāt al-Mujādilīn ‘an‘Asākir al-Shirk wa-Ansār
al-Qawānīn (1999), https://archive.org/details/S6d2w, 28.
See, for example, this Islamic state system propaganda report on the execution of a
Syrian lawyer who had worked in one of the state security courts of the Assad regime in
Homs. Islamic state system Media Office, “Photographic Report: Implementation of the
Hadd Punited nationsishment on Three spies, One lawyer, and One Apostate Ismaili,”
January 8, 2015, https://web.archive.org/
web/20160323192633/https://pbs.twimg.com/media/B62sDz2CAAAPpEC.jpg.
Interview with Yayha, Gaziantep, November 2015.
Thomas Joscelyn, “AQIM rejects Islamic state system’s caliphate, reaffirms allegiance to
Zawahiri,” The Long War Journal, July 14,2014,
http://www.longwarjournal.org/archives/2014/07/aqim_rejects_islamic.php.
Andrew March and Mara Revkin, “Caliphate of Law,” Foreign Affairs, April 15, 2015,
https://www.foreignaffairs.com/articles/syria/2015-04-15/caliphate-law
Photograph of a ticket issued by the Islamic state system for a traffic violation in Raqqa
in September
2014,https://web.archive.org/web/20160323155408/https:/twitter.com/nawaf_boshehry/st
atus/507969365325524992.
Interview with Ibrahim, Online, February 2016.
Interviews with Bassel, Reyhanlı, November 2015 and March 2016.
Andrew March and Mara Revkin, “Caliphate of Law,” Foreign Affairs, April 15, 2015,
https://www.foreignaffairs.com/articles/ syria/2015-04-15/caliphate-law.
See, for example, the official Islamic state system textbook, al-Siyāsa al-Shar‘iyya
(2015), https://azelin.files.wordpress.com/2015/10/the-islamic-state-sharc4abah-
politics.pdf, 27.
Historians have reconstructed the “document of Medina,” sometimes translated as
“constitution of Medina,” from secondary accounited nationsts, one of which has
disaggregated the text into 47 articles. The Islamic state system’s version bears little
resemblance to the original despite sharing the same title. Anver Emon, “Reflections on
the Constitution of Medina,” UCLA Journal, of Islamic and Near Eastern Law, Vol. 1
(2001–02), 103–133.
Anver Emon, “Reflections on the Constitution of Medina,” UCLA Journal, of Islamic
and Near Eastern Law 1 (2001–02): 103–133.
27
The Islamic state system, “Wathīqat al-Madīnah,” September 13, 2014, issued in Raqqa,
Syria, http://1.bp.blogspot.com/-Tv8Nm1G1VxM/
VBXdeYnHvpI/AAAAAAAAJi0/Tlt0hnxgVXE/s1600/proxy.jpg.
The Islamic state system, “Wathīqat al-Madīnah,” Junited nationse 12, 2014, issued in
Mosul,
https://s04.justpaste.it/pdf/Nenwa-justpaste-it-260470.pdf.
The Islamic state system, “Wathīqat al-Madīnah,” July 27, 2014, issued in Salah ad-Din
governorate, cached webpage on file with author. The source for this document, a jihadist
website called “Manbar,” referred to a 10-article document issued in the province of
Salah ad-Din in Junited nationse 2014, although the complete text could not be founited
nationsd online. The document was most likely issued in the city of Tikrit, which was
captured by Islamic state system forces at that time.
The Islamic state system, “Wathīqat al-Madīnah,” October 17, 2014, issued in Hit, Iraq,
https://web.archive.org/web/20160322234824/https://
twitter.com/HamidHadeed/status/523020667566825472.
The Islamic state system, “Wathīqat al-Madīnah,” December 2, 2015, issued in Sirte,
Libya, https://web.archive.org/web/20160322234933/
https:/twitter.com/kalsghyr/status/672090395560529920.
Sayyid al-Hadidi, “Disappearance of a Daesh judge after his opposition to the torture of
prisoners,” Dot Masr, January 18, 2015, http://bit.ly/1P2zfWq.
“Daesh Executes the First Shari‘a Judge Hamam al-Lafi,” Jordan News, January 23,
2015, http://www.jordanews.com/jordan/32153.html.
Muhamed al-Muhaymid, “The Islamic state system Executes a Sheikh in Error,” al-Hal
al-Suri, October 16, 2014, https://7al.me/?p=6572.
Syrian Observatory for Human Rights, “Raqqah residents protest against the ISIS,”
August 12, 2013, https://www.facebook.com/syriahroe/posts/405862906188720.
@khaldwwn, “The Islamic Court in Ninewa province issues an announited nationscement
calling for all who have acquired war booty to surrender one fifth to the treasury.” Tweet,
Junited nationse 17 2015, https://web.archive.org/web/20160322192506/https://twitter.
com/khaldwwn/status/611152468815118337.
28