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IDEOLOGY STATE (ISLAMIC CONSTITUTIONAL AND MODERN

CONSTITUTIONAL)

Article 17- Everyone shall have the right to healthcare.


Explanation: Every citizen shall have their right to healthcare. This means that although the
country is an Islamic state, each and every citizen are entitled for the healthcare that the state
has to offer. It is crucial also for the head of state to ensure each and every citizen have the
access to pure drinking water and sanitation. Hence, it is declared in this article that health is
guaranteed as a ‘fundamental right’.
Authority:
Al-Quran:
1) "O mankind: Eat of what is lawful and good on earth" (Quran 2: 168)
2) "Eat of the good things we have provided for your sustenance, but commit no excess
therein, lest my wrath should justly descend on you, and those on whom descends my
wrath do perish indeed" (Quran 20:81)
Hadith:
1) The summon of the Prophet in the last pilgrimage: “Most surely, your life, your
property and your honor are sacred as this day of hajj (pilgrimage)”
Article 18- Everyone shall have the right to fair trial.
Explanation: Every citizen shall have the right to fair trial and not subjected to discrimination
with the excuse of Muslim communities have special rights or discrimination by gender. In
conjunction with equality, each and every citizen are equal under the law and entitled to be
protected by the law. Therefore, it is vital to establish a judicial system that are impartial and
genuine. The judiciary must be neutral where there is no bias and adjudge based on the divine
revelation.
Authority:
Al-Quran:
1) “The men and women of the believers are friends of one another. They command
what is right and forbid what is wrong, keep up prayer and give the alms [zakat],
and obey Allah and His Messenger. They are the people on whom Allah will have
mercy. Allah is Almighty, All-Wise” (Surat at-Tawba: 71)
2) “O you who believe! If you have fear of [and respect] Allah, He will give you
discrimination, erase your bad actions, and forgive you. Allah's favor is indeed
immense” (Surat al-Anfal: 29)
3) "Anyone who acts rightly, male or female, being a believer, We will give them a
good life and will recompense them according to the best of what they did" (Surat
an-Nahl: 97).
4) "Say: O Allah! Originator of the heavens and the earth, Knower of the unseen and
the seen! Thou (only) judgest between Thy servants as to that wherein they differ".
(39:46)
5) "The judgment is only Allah's; He relates the truth and He is the best of deciders".
(6:57)

Article 19- Everyone shall enjoy the rights to freedom of speech and expression, save in
accordance with law.
Article 19.1 – Guidelines given by Quran regarding freedom of speech and expression.
a) Talk without the intention for deception.
- “O you who have believed, fear Allah and speak words of appropriate justice” (Surah
Al-Ahzab [33:70])
b) Be wise upon choosing the words to use and speak in good manners.
- “And tell My servants to say that which is best. Indeed, Satan induces [dissension]
among them. Indeed Satan is ever, to mankind, a clear enemy” (Surah Al-Isra
[17:53])
c) To speak politely.
- “And be moderate in your pace and lower your voice; indeed, the most disagreeable
of sounds is the voice of donkeys." (Surah Luqman [31:19])
d) Avoid false and deceitful statement.
- “That [has been commanded], and whoever honors the sacred ordinances of Allah. It
is best for him in the sight of his Lord. And permitted to you are the grazing livestock,
except what is recited to you. So avoid the uncleanliness of idols and avoid false
statement” (Surah Al-Haj [22:30])
e) Prohibited from confounding truth with falsehood.
- “And do not mix the truth with falsehood or conceal the truth while you know [it].”
(Surah Al-Baqarah [2:42])
Explanation: Every citizens shall enjoy their freedom of speech. They are also allowed to
express themselves, which in this context, the term ‘expression’ includes their way of
presenting themselves to the society such as their clothing. Even though they are given the
right to express themselves, however, it must be in accordance with the Islamic teachings. As
an example, the citizens shall not cross-dress as the opposite sex. However, the right to
freedom of expression is not absolute where no one is allowed to spread immorality or
broadcast obscenity via freedom of press or media.
Authority:
Al-Quran:
1) “Indeed, those who like that immorality should be spread [or publicized] among
those who have believed will have a painful punishment in this world and the
Hereafter. And Allah knows and you do not know” (Surah An-Nur [24:19])
Hadith:
1) The Messenger of Allah said: "Whosoever believes in Allah and the Last Day, then let
him speak good (khair/what Islam approve) or remain silent."
Article 20- Everyone shall have the right to join, manage or left any association.
Article 20.1 – Freedom is subjected to:
a) Organisation is for propagation of good virtues as well as righteousness and
should not be used for spreading evil, mischief and falsehood.
b) Explanation: A developed country shall give every citizen the right to join, manage or
left any organisation if they are not interested. It is the obligation of the Muslim
communities to invite and enjoin people to goodness and forbid them from doing evil.
Therefore, this article recognize every citizen’s right to freedom of association but
must not be based on malicious objective.
Authority:
Al-Quran:
1) “You are the best community which has been brought forth for mankind. You
command what is proper and forbid what is improper and you believe in God ...
(3:110)”
2) "let there be a community among you who will invite (people) to (do) good, command
what is proper and forbid what is improper, those will be prosperous" (3:104).