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To The Question on CRI Constitution

Publication time: 14 March 2007, 18:03

CRI constitution was accepted on 12 March, 1992.

 

On 12 March, 2007, were carried out 15 years from the day of adoption constitution of independent Chechen state. On July, 4, 2002, in the connection with CRI President's decree on February, 4, 1999, on Shariah reform and on martial law, Shariah additions were introduced and corrections to the acting constitution CRI. On 13 February, 2006, President of CRI Abdul-Khalim Sadulayev appeared with the explanation on fundamental questions of the domestic and external policy of Chechen state, and reformation of political system CRI. (video file is possible to download by this link).

 

 The President CRI indicated: Constitution - "fundamental law CRI - was accepted in 1992. In it, in the first article, it was proclaimed, that "Chechen republic - the sovereign and independent democratic rule-of-law state, created as a result of self-determination Chechen people". Subsequently, in proportion to the development of our self-consciousness, bringing the fundamental law of state into complete agreement with the standards of Islam became necessary. This work began with the first President of CRI Dzhokhar Dudayev with Jihad declaration in autumn 1994 and by beginning of Shariah courts work in the spring of 1995. With Zelimkhan Yandarbiyev court system completely passed to Shariah law. Aslan Mashadov in 1998 gave the work of state structures in correspondence with the standards of Islam, and on 4 February, 1999, he proclaimed about the complete passage to the Islamic form of administration. State commission for the development of Islamic constitution with the participation of the representatives from all branches of authority, scientists and jurists was created.

 

The work on bringing constitution into complete agreement with the standards of Islam continued since the beginning the second war, and it was successfully completed in the summer of 2002 on Great Majlis Schura CRI with the participation of the representatives from all branches of authority (President CRI Mashadov Aslan, Chairman of parliament CRI Khiryaev Dardail, parliamentarian, the members of government, supreme Shariah Court leaders, front commanders and sectors MF CRI), public organizations and jamaat's. After one-and-a-half month of work Great Majlis Schura (Constitutional Assembly) was introduced number of changes and additions into the constitution CRI. And now article 1 of constitution CRI says:

 

"Chechen republic Ichkeria - sovereign, independent Islamic rule-of-law state, created as a result of the self-determination of Chechen people. The source of all solutions adopted are Quran and Sunnah".

Thus we arrived at the logical completion of the lawful reforms, begun by Dzhokhar Dudayev".

 

*** Below Is given text of Shariah additions and corrections, taken 4 July 2002 at the extended session of Majlisul Schura CRI - higher agency of state authority CRI for the period of military actions.

 

Additions and correction to the acting constitution CRI

  

In the name of Allah, Most Merciful, Most Compassionate.

Praise to Allah, God of worlds, peace and blessings to His Prophet and messenger Muhammad, and then:

GENERAL BASES

- Chechen republic Ichkeria - sovereign, independent Islamic rule-of-law state, created as a result of the self-determination of Chechen people. Quran and Sunnah are the source of all solutions adopted.

- this constitution is reduced in connection with the martial law.

- Ichkeria is independent Chechen state, not one state of world has right to interference in its internal affairs.

- this constitution acts to the end of war and the adoption of new constitution is the augmented correction to the basic acting constitution CRI.

- all citizens CRI which recognizing laws and the national sovereignty CRI, independently of nationality and religion uses the protection of state.

- preference in the distribution of the posts to render most deserving, competent, knowing their matter specialists.

- to all critical posts of state and members Majlisul-Shura are assigned from the agreement of Majlisul-Shura after explanation about correspondence of that assigned to the standards of Shariaht and competence. In the case of charge him by one of members Majlisul-Shura in the disturbance of Shariah standards his affair is examined Supreme Shariah Court.

- the superior agency of authority CRI is Majlisul-Shura headed by the leader of state, according to the principle - "Amir for Schura".

- Head of State is supreme commander-in-chief and highest, executive, official.

- obedience to Amir in that approved, observance of nizam, take care of that entrusted, discipline in the state affairs is compulsory for all.

- rallying ranks and the unity of word - signs of victory, necessary to strengthen and to take care by the management of state and by all Muslims.

- all Muslims ansarit's, which participate in the Jihad for the protection of freedom and independence CRI, are its full-fledged citizens.

 

MAJLISUL-SHURA

 

- Majlisul-Shura is formed from amir's and alim's, that take active part in the Jihad.

- members Majlisul-Shura are asserted by head of the state from Supreme Shariah Court agreement. They penetrate the necessary procedure for avoiding from clan interests and jaundice.

- Majlisul-Shura examines affairs of responsibility of persons in the ministries, departments and representations of state abroad.

- all responsible people of state are obligated to observe validity between themselves and in the attitude of citizens, to fulfill honestly their debt and to lead that entrusted according to the designation.

- Majlisul-Shura organizes creation and control the system of state, replaces universal majlis in the military time and will deliver verdicts by majority of votes when 75% members of committee are present, the composition of Majlisul-Shura does not exceed twenty (20) people.

- all solutions accepted by Majlisul-Shura are necessarily for the performance by all, without the right of ignoring.

- any wrong policy contradicts Shariah, and valid policy - part of the Shariah. Being based on this, it is not permitted to members Majlisul-Shura and authoritative organs to guide the policy, which contradicts Shariah.

- call to Islam, command of that approved and prohibition of that prohibited, taking care, healing of society, which kafir's attempt to spoil, is the responsibility of Majlisul-Shura government, and also all Muslims.

- two conditions of protection Islam and Muslims from kafir's and munafik's - preparation and Jihad on the way of Allah.

- inside Majlisul-Shura are created committees for control and regulating the activity of ministries and departments.

- all Muslims bear identical responsibility before Shariah law court.

- members Majlisul-Shura must be valid and competent.

- creation of parties, motions and fractions inside Majlis is forbidden for purposes of the observance of its cleanliness, unity and bringing maximum benefit to Islam and all Muslims.

- Majlisul-Shura accept  nizam of state (constitution) and compiles plans for the general welfare of Muslims.

- Majlisul-Shura is not permitted to make the decisions, which contradict Quran and Sunnah.

- members of government are selected from the number of mujahid's and worthy Muslims.

- Majlisul-Shura monitors the work of government and asks from them. In the case of laws disturbance it transfers their matters in Supreme Shariah Court.

- all political, military, economic, administrative and other affairs are solved by majority of votes, if these solutions do not contradict the Shariah, its purposes and bases.

- Majlisul-Shura compiles the plans of state - political, economic, servicemen, social, information, and also asserts and check performances.

 

COMMITTEE of LAW COURT and FATWA

 

- members Majlisul-Shura select from their environment leader of Law Court and Fatwa Committee, which is simultaneously the chairman of Supreme Shariah Court.

- Committee of Law Court and Fatwa is formed from the leader of committee Supreme Shariah Court and the judges of regions.

 

SOCIALLY - THE MEDICAL COMMITTEE

 

- the leader of Socia l- medical committee is asserted by head of the state from the agreement with Majlisul-Shura.

- Social - medical committee works on the realization of aid to population and to strengthening interrelations between Muslims.

- Social - medical committee helps to families of mujahideen's, shahid's, paupers,  orphans and war victim Muslims, also injured and to their families.

- planned work with entire society in the villages and the cities in questions of social aid.

- solve problems of rehabilitation wounded and treatment of patients.

- achieve connection with the chapters of local administrations CRI and the imams of mosques for regulating its work on the organization of social- medical aid to population.

 

LEADER of STATE RESPONSIBILITIES

 

- leader of state is considered as highest official (executive) person of state and all are obligated to be subordinated to him in that approved.

- Head of the State is Amir of Majlisul Schura and leads his work, achieves control over the operation of the committee and asserts their solutions.

- Head of the State is obligated to fulfill the laws of Allah in the attitude of all citizens of state, to establish validity among them and to bring that entrusted according to the designation.

 

SUPREME SHARIAH LAW COURT

 

- Supreme Shariah Court is considered as the highest, executing agency for law court and Fatwa in the state.

- Supreme Shariah Court is formed from the number of scientific members of Majlisul-Shura, by the solution of Majlisul-Shura.

- Supreme Shariah Court assigned district Shariah law courts and checks their activity.

- Supreme Shariah Court made decisions of law court and Fatwa with republic importance and led information to district courts.

- Supreme Shariah Court examined the matters in the case of differences, Majlisul Schura subjects entered in Supreme Shariah Court against the officials and makes decision about the correspondence to their held posts.

 

 

INFORMATION COMMITTEE

 

- the leader of information committee is assigned by head of the state with agreement of Majlisul-Shura, and in the case of differences Supreme Shariah Court is examined his matter about correspondence to his requirement standards of Shariah.

- information committee watch on all sides of work media: television, radio, newspaper, periodicals, the Internet - communications and others.

- media must correspond to the requirements of Shariah and pursue the purposes of strengthening and association of Islamic Umma and fulfill the solutions of Majlisul-Shura.

 - information committee is divided into two subcommittees: Internal and external. They in concord extend information inside the state and abroad.

- information committee orders and checked media work.

 

MILITARY COMMITTEE

 

- general management of military actions accomplishes a commander-in-chief (Amir of all mujahideen's), commander-in-chief achieves operative management through his deputy (naib).

- leader of military committee is assigned by Majlisul-Shura and is asserted by head of the state.

- military committee determines the commanders of sectors, fronts, regions and directions, all they are asserted by head of the state.

- military committee develops, plans and accomplishes management of military science. It watch on bringing orders and information to mujahideen's and their performance.

- military committee checks work of amir's and makes responsible them for the performance of tasks entrusted on them.

- all amir's and groups of mujahideen's of republic must be subordinated to military committee. Those, who not subordinating to military committee will be summoned before Supreme Shariah Court.

 

This material was prepared by the National Service of Information CRI

  

KC

Translated from Russian by Hamza Z.


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