In the Name of Allah, the Most Gracious, the Most Merciful
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The Legal System - 21st Century Islamic State

The Legal System

The legal system will be run according to the Shariah. The legal system will be an independent arm of the constitution. The system will be tied in with the educational system of the country, and have a meritocratic basis on the level of Islamic education one has. Thus, a citizen who has taken Islam as a subject at the high school level will receive one vote, a citizen having done the same at a college level will receive 5 votes, and a citizen that has studied Islam at the graduate level will receive 10 votes. And these votes will go to electing the Legal institution of the country.

This will include a general body and council that will discuss and implement legal developments and will also be responsible for running the judiciary. This voting mechanism (and other similar secondary voting mechanisms) could run simultaneously with the political continuous flow elections.

The police force has to be directly subservient to the Judiciary. As such, the Judiciary will be able to fire and replace any officer of the law. Officers will maintain the Muslim equivalent of habeas corpus, which, while a western term, is easily supplanted into the time of Prophet Muhammad (peace be upon him). Citizens of Medina were not unlawfully detained. Further, examples of the importance for the writ of the law abounds in the example of Prophet Muhammad (peace be upon him). Examples of impartiality and fairness in the courts of Medina are also well documented.

The Islamic Council and the Judiciary will form an organization that will stand as one of the pillars of the Islamic State, and should be independent of the other arms of the constitution.

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