Salaam Alaikum,
Thank you for taking an interest in the al-Andalus Caliphate Project in Second Life. I am very happy so many of you are interested and I hope you will join us, either on our forums here:
The Al-Andalus Caliphate Forums - Index or directly in-world.
I would like to emphasize that we do not necessarily require all participants to pay to be part of our community. In fact, our group has two categories of mebmers: residents, who do not have to pay anything, and are allowed to participate in many our our events, activities, and debates, but not vote or stand for office for our community-wide institutions; and citizens, who do pay a citizenship fee and can do so. So, even if you do not feel able to contribute financilally right away to our Ummah, please feel free to join us and contribute by becoming residents.
Since, as you know, the construction of our sims is going well, I decided to take a first stab at the outline of what our system of governance and justice might look like.
I have posted a draft outline and chart of what the Al-Andalus caliphate constitution might look like, here:
Draft Constitution Outline and Chart
Please keep in mind this is just a first stab at it. Feel free to make any suggestions, comments, constructive criticsm you may thing appropriate.
For those who want to have a look at it here, I posted the text and chart below too.
Thank you all for your participation and input.
Salaam,
Michel Manen
Al-Andalus Caliphate Draft Constitution Outline
- Ummah Al-Andalus: all citizens and residents of Al-Andalus. Anyone can join the Ummah.
- Al-Andalus Citizen: any individual paying the Al-Andalus Caliphate citizenship fee or otherwise deemed qualified as citizen by the Citizenship Committee.
- Al-Andalus Resident: any member of the Al-Andalus Caliphate group.
- 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.
- 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.
- Majles-e Shura: the elected assembly of Andalus.
-all citizens are entitled to vote or to stand for office;
-composed of 11 members;
-decides onpublic / 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
- 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).
- Drafting Committee: composed of 3 members, who draft bills in cooperation with the Majles-e Shura and Community Councils.
- 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.
- 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.
- 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
- 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.
- 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
- 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.
- Citizenship Committee: 3 members; reviews and makes decisions all citizenship applications; decisions can be appealed to the Upper Mahakim.
- 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.
- 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.
- 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.
- Mahakim Administrator: Manages the Ummah’s Courts system
- 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).
- Al-Andalus Caliphate Constitution and Charter of Rights and Responsibilities: sets out principles of governance and justice of the Al-Andalus Ummah.
- 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.