Constitution
Introduction
Since beginning the first Muslims to fight, either from the time of the first Dutch colonial, or until the Japanese occupation period, until the time of the Republic of Indonesia, until at this moment for it contains a sacred purpose noble direction is to seek and obtain, which is Mardlotillah living in a world of new bonds, ie the Islamic State of Indonesia’s independence.
Muslims during the holy to the necessity that the various sides of the road and followed, then diketemuinyalah some bridges that need to cross the bridge is the Japanese occupation and independence of the Indonesian nation.
Near the foot of Muslims also completed through the last golden bridge, then a new storm ark mendampar Muslims to get out of the Republic, apart from the responsibility of the Government of the Republic of Indonesia.
Alhamdulillah, pairs and the decline of water in the ocean waves is not the slightest intention of holy influence contained in the heart of true Muslims. Within such circumstances, Muslims get up and move up arms, to continue the Indonesian Revolution, against enemies who always just wanted to conquer alone.
During this second revolution, which because of the nature and the Islamic Revolution coraknya outside and inside, the Muslims did not forget the necessity to build and foster an independent Islamic state, a kingdom of God is born upon the world, is requirements and where to reach the safety of every human being and the entire Islamic Ummah khatam in the world to the Hereafter.
It seems to help and Grace of the Divine, the Human Qanun while guiding us to the sacred service to may He be glorified, it can be to realize a real act of charity from each and every citizen in areas where the implemented Islamic law, is Sunnatun laws of God and the Prophet.
May Allah swt bestow taufik and His guidance, and help and his gift for the whole country and the Muslims of Indonesia, so the safety terjaminlah ummah and the country than every disaster everywhere.
Amen.
Lau anna ahlal amanu Qura wattaqau lafatahna ‘alaihim barakatin min al-wal sama’i Ardli
Galunggung, 22 Shawwal 1367 H
August 27, 1948 M
Clause 1
1. Islamic State of Indonesia is a State of Allah Kurnia told the nation of Indonesia.
2. The nature of the country Jumhuriyyah (Republic).
3. The State guarantees the application of Islamic law in Muslim circles.
4. State gives freedom to other religions in conducting worship.
Clause 2
1. Basic and applicable law in the Islamic State of Indonesia is Islam.
2. Which is the highest law of the Qur’an and Sahih Hadith.
Clause 3
1. The highest power to make law in the Islamic State of Indonesia is the Majlis Syuro (parliament).
2. If circumstances force, the rights Syuro Majlis should switch to the Priest and the Council of Imamate.
CHAPTER II
M A A L I S S Y URO
Clause 4
1. Syuro Majlis consists of representatives of the people, plus with the messengers of groups according to the rules set by law.
2. Majlis Syuro convene at least once a year.
3. Trial Majlis Syuro considered valid, if ⅔ of the total members present.
4. Syuro Majlis decision taken with the most votes.
5. If Quorum (provision) of the above (Chapter II, Article 4, Paragraph 3) is not sufficient, then trial Syuro next Majlis should be held no later than 14 days later thereof must be held again the third Syuro Majlis session that is considered legitimate by not remembrance of the number of
Clause 5
Majlis Syuro set Qanun Rights and Lines of State Policy.
CHAPTER III
D E W A N S YURO
Clause 6
1. Syuro Board established by law.
2. Syuro Board meets at least once every 3 months.
3. Syuro Council is the body of the Majlis Syuro workers and has the task of-obligation:
a. Completing all Syuro Majlis decision.
b. Do everything as a Majlis deputy Syuro facing the government, other than that with regard to the principle.
Each law requires Syuro Board approval.
Clause 8
1. Board members entitled to advance the plan Syuro Act.
2. If a plan is not law Syuro Council approval, the plan was
should not be brought forward again in that Syuro Council.
3. If the plan is approved by the Board although Syuro not authorized by the Imam, then the plan this should not be promoted again in Syuro Council meeting time.
Clause 9
1. In the case-ikhwal crunch forcing, the Imam has the right to set rules
Government in lieu of Law.
2. Government regulations that must be approved by the Board Syuro in the next session.
3. If not approved, then that government regulation should be in the pull.
CHAPTER IV
POWER OF STATE GOVERNMENT
Clause 10
Imam Islamic State of Indonesia shall hold the powers of government according to the Human Qanun throughout the Islamic law.
Clause 11
1. Priest in power law form with Syuro Majlis approval.
2. Government stipulate priest, after conferring with the Leadership Council for Law running properly.
Clause 12
1. Imam Islamic State of Indonesia Indonesia is the native religion of Islam and obedience to Allah and His Messenger.
2. Priest in selected by the Majlis vote Syuro with at least 2 / 3 than all the members.
3. If up to two consecutive elections were conducted, with insufficient provision of above (Chapter IV, Clause 12, Paragraph 2), then the decision taken by majority vote in election a third time.
Clause 13
1. Priests do compulsory for:
a. Sufficient promise faithfully
b. Nothing matters of Islamic law throughout the force.
Clause 14
Before doing compulsory, the Imam declared before the Majlis bai’at Syuro as follows:
Illallaah ilaaha Asyhadu anlaa, asyhadu wa anna Muhammadurrasuulullah
Wallahi (Demi Alloh)
I declare I am as a priest bai’at Islamic State of Indonesia in the face of this Syuro Majlis session with sincere and pure heart, and not because of something beyond the interests of religion and state
I could try to do my duty as an Imam Islamic State of Indonesia with the best and perfect-perfect throughout the Islamic religion for the benefit of religion and state
Clause 15
Priest holds the highest authority over the entire Armed Forces of the Islamic State of Indonesia
Clause 16
Priest with the approval of Majlis Syuro declare war, make peace / agreements with other countries.
Clause 17
1. Imam declared state of emergency.
2. The terms and consequences of danger defined by law.
Clause 18
1. Imam lifted ambassadors and consuls.
2. Priest receives ambassadors of other countries.
Clause 19
Imam an amnesty, abolition, clemency and rehabilitation.
Priest gives titles, decorations, signs and other dignitaries.
CHAPTER V
FATWA BOARD
Clause 21
1. Fatwa Council consists of a Mufti Mufti Besar and several others.
CHAPTER VI
1. Leadership Council consists of the Imam and Majlis heads.
2. Board members in lift and stopped by the Imam.
3. Each member of the Leadership Council is responsible for the good of the work force majlis submitted to him.
4. Leadership Council is responsible to the Imam and the Majlis Syuro to the obligation of handed over to him.
REGIONAL DIVISION
Regional divisions in the Islamic State of Indonesia is determined according to law.
CHAPTER VIII
FINANCE
1. Budget set each year by law.
If Syuro Council does not approve the proposed budget the government, the government run budget years ago.
2. Tax eliminated and replaced with infaq.
Infaq for the interests of all countries on the basis of the Law.
3. Kind and value of the currency stipulated by law.
4. This next state finance arranged by the law.
5. To examine the responsibility of state finances, the State Audit Board held,
the rules stipulated by the law. The results of the examination Syuro notified to the Council.
CHAPTER IX
JUSTICE
Clause 25
1. Judicial functions performed by the Supreme Court and judicial bodies other by Act.
2. The composition and powers that the judicial body set up by the law.
The requirements for appointment and dismissal of judges established by Act.
CHAPTER X
CITIZEN
Clause 27
1. Who became citizens of Indonesia is genuine and those other nations that ratified by law as citizens.
2. Conditions of citizens stipulated by the law.
1. All citizens shall be equal before the law and government and must
respect the law and the government, with no exceptions.
2. Each citizen has the right to work and decent living for humanity.
3. Offices and positions of importance and responsibility in the
government both civil and military, are given only to Muslims.
Clause 29
Freedom of association and assembly, gave birth to the mind with verbal and written and so defined by law.
CHAPTER XI
STATE DEFENSE
Clause 30
1. Each citizen has the right and duty to participate in the business of defending the state.
2. Each citizen Muslim duty to participate in national defense.
3. The requirements of the defense in the set by law.
B A B XII
EDUCATION
Clause 31
1. Each citizen has the right and duty to receive instruction.
2. The government shall manage and organize a system of Islamic teaching on the set with Act.
CHAPTER XIII
ECONOMY
Clause 32
1. The life and livelihood of the people on the set with a mutual help basis.
2. Branches of production which is important for the country and the people who dominate many controlled by the state.
3. Earth and water and natural riches contained therein shall be controlled by the state and used to attain the prosperity of the people.
CHAPTER IV
FLAG AND LANGUAGE
Clause 33
Flag of the Islamic State of Indonesia is the Red and White to the Moon-Star
Bahasa Negara Islam Indonesia is Indonesian
Clause 3
1. To change the Qanun Rights must at least 2 / 3 of the number of Majlis members Syuro present.
2. Decision taken by agreement of at least ½ of the number of all members of the Majlis Syuro.
TRANSITION PERIOD
1. On January 27, 1948 held an agreement between the Government of the Republic of Indonesia and the Dutch government in a battleship, so that the treaty known as the Renville manuscript.
2. On February 10, 1948 in one place in the area have been conducted Priangan consultation between the Islamic leaders who are responsible. Consensus decision was is to establish an Islamic Majlis, which is a mass movement among the Ummah to continue to fight Islamic religion, carry out the ideals of the highest is the establishment an independent Islamic state.
than Islamic leaders in West Java. The decision of the conference is
continuation and expansion of refining Priangan for Muslims struggle.
4. 1 On May 5, 1948 to be held in one place in the occupied areas
The Netherlands, where the decision, that the Muslims will fight for religion and country in a practical way, so the Dutch occupation in the West Java in
divided into 3 levels:
a. Areas that have been applied de facto Islamic rule 100%, both politically and military, where to be done gradually Islamic law. Areas with similar composition Army and civilian force as an independent country, on the basis of Islam (Region I).
b. Area by half, especially in the influence of political Islam in the state defense the place was not perfect (Region II).
c. Regional political and military power is still in the hands of the Netherlands (Region III).
5. Since that time, the struggle of Indonesian Muslims height increased rapidly, especially because the area gradually I grew increasingly widespread.
6. Now, on August 27, 1948 until the time come on again raised the struggle
Indonesian Muslims to a higher level is “Adjust all
the laws in force in Region I, the guidelines Rights Qanun Islamic State of Indonesia “.
7. The process of Indonesian Muslims struggle described above will take place constantly with the help and grace of God, so that in the next period
there is no Region II and Region III.
8. Asserted at that time stood a perfect Islamic state, which has requirements and get along as a country, an independent country, in addition to the countries around the world.