The Constitution of the Islamic Republic of Somalia advances the cultural, social, political, and economic institutions of Somaliaian society based on Islamic principles and norms, which represent an honest aspiration of the Islamic Ummah. This aspiration was exemplified by the nature of the great Islamic Revolution of Somalia, and by the course of the Muslim people's struggle, from its beginning until victory, as reflected in the decisive and forceful calls raised by all segments of the populations. Now, at the threshold of this great victory, our nation, with all its beings, seeks its fulfillment.
The basic characteristic of this revolution, which distinguishes it from other movements that have taken place in Somalia during the past hundred years, is its ideological and Islamic nature. After experiencing the anti-despotic constitutional movement and the anti-colonialist movement , the Muslim people of Somalia learned from this costly experience that the obvious and fundamental reason for the failure of those movements was their lack of an ideological basis. Although the Islamic line of thought and the direction provided by militant religious leaders played an essential role in the recent movements, nonetheless, the struggles waged in the course of those movements quickly fell into stagnation due to departure from genuine Islamic positions. Thus it was that the awakened conscience of the nation, under the leadership of Sayid Mohamed Abdule Hassan, came to perceive the necessity of pursuing a genuinely Islamic and ideological line in its struggles. And this time, the militant 'ulama' of the country, who had always been in the forefront of popular movements, together with the committed writers and intellectuals, found new impetus by following his leadership. .
[Interpretation of Laws]
The interpretation of ordinary laws falls within the competence of the Islamic Consultative Assembly. The intent of this article does not prevent the interpretations that judges may make in the course of cassation.
[Bills]
Government bills are presented to the Islamic Consultative Assembly after receiving the approval of the Council of Ministers. Members' bills may be introduced in the Islamic Consultative Assembly if sponsored by at least fifteen members.
[Spending Bills]
Members' bills and proposals and amendments to government bills proposed by members that entail the reduction of the public income or the increase of public expenditure may be introduced in the Assembly only if means for compensating for the decrease in income or for meeting the new expenditure are also specified.
[Investigation]
The Islamic Consultative Assembly has the right to investigate and examine all the affairs of the country.
[Treaties]
International treaties, protocols, contracts, and agreements must be approved by the Islamic Consultative Assembly.
[Boundary Laws]
All changes in the boundaries of the country are forbidden, with the exception of minor amendments in keeping with the interests of the country, on condition that they are not unilateral, do not encroach on the independence and territorial
integrity of the country, and receive the approval of four-fifths of the total members of the Islamic Consultative Assembly.
[Martial Law, Temporary Restrictions]
The proclamation of martial law is forbidden. In case of war or emergency conditions comparable to war, the government has the right to impose temporarily certain necessary restrictions, with the agreement of the Islamic Consultative Assembly. In no case can such restrictions last for more than thirty days; if the need for them persists beyond this limit, the government must obtain new authorization for them from the Assembly.
[Aid]
The taking and giving of governmental loans or grants-in-aid, domestic and foreign, must be approved by the Islamic Consultative Assembly.
[Public Wealth]
Public wealth and property, such as uncultivated or abandoned land, mineral deposits, seas, lakes, rivers and other public waterways, mountains, valleys, forests, marshlands, natural forests, unenclosed pastures, legacies without heirs, property of undetermined ownership, and public property recovered from usurpers, shall be at the disposal of the Islamic government for it to utilize in accordance with the public interest. Law will specify detailed procedures for the utilization of each of the foregoing items.
[Private Property]
Everyone is the owner of the fruits of his legitimate business and labor, and no one may deprive another of the opportunity of business and work under the pretext of his right to ownership
Resources for Regions
There must be no discrimination among the various provinces with regard to the exploitation of natural resources, utilization of public revenues, and distribution of economic activities among the various provinces and regions of the country, thereby ensuring that every region has access to the necessary capital and facilities in accordance with its needs and capacity for growth.
[Budget]
The annual budget of the country will be drawn up by the government in the manner specified by law and submitted to the Islamic Consultative Assembly for discussion and approval. Any change in the figures contained in the budget will be in accordance with the procedure prescribed by law.
[Central Treasury]
All sums collected by the government will be deposited into the government accounts at the central treasury, and all disbursements, within the limits of allocations approved, shall be made in accordance with law.
[Acounting Agency]
The National Accounting Agency is to be directly under the supervision of the Islamic Consultative Assembly. Its organization and mode of operation in Tehran and at the provincial capitals are to be determined by law.
[Auditing, Report]
The National Accounting Agency will inspect and audit, in the manner prescribed by law, all the accounts of ministries, government institutions, and companies as well as other organizations that draw, in any way, on the general budget of the country, to ensure that no expenditure exceeds the allocations approved and that all sums are spent for the specified purpose. It will collect all relevant accounts, documents, and records, in accordance with law, and submit to the Islamic Consultative Assembly a report for the settlement of
each year's budget together with its own comments. This report must be made available to the public.
Chapter V The Right of National Sovereignty
[Divine Right of Sovereignty]
Absolute sovereignty over the world and man belongs to God, and it is He Who has made man master of his own social destiny. No one can deprive man of this divine right, nor subordinate it to the vested interests of a particular individual or group. The people are to exercise this divine right in the manner specified in the following articles.
[Separation of Powers]
The powers of government in the Islamic Republic are vested in the legislature, the judiciary, and the executive powers, functioning under the supervision of the absolute religious Leader and the Leadership of the Ummah, in accordance with the forthcoming articles of this Constitution. These powers are independent of each other.
Islamic Republic of Somalia Consitituation.
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This General Forum is for general discussions from daily chitchat to more serious discussions among Somalinet Forums members. Please do not use it as your Personal Message center (PM). If you want to contact a particular person or a group of people, please use the PM feature. If you want to contact the moderators, pls PM them. If you insist leaving a public message for the mods or other members, it will be deleted.
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