اﻟﺮﺣﯿﻢ اﻟﺮﺣﻤﻦ ﷲ ﺑﺴﻢ
All praise is due to God alone, the Lord and Sovereign of all creation. May the best benedictions and
peace be upon all of those He sent for the guidance of mankind, from Adam to the Seal of Prophethood,
Muhammad ملسو هيلع هللا ىلص. To proceed;
“Islamic Constitutionalism”
This paper is meant to serve as a manifesto expressing my political philosophy which I have termed
“Islamic Constitutionalism” . It is a clear harmonization between the moral, legal and civil sovereignty of1
God within the Constitutional system of the United States – grounding my politics in both, Islamic and
American Constitutional principles tempered with a clear morality.
My entire adult life I have identified as a “conservative”. I was registered as “independent” while younger
and, within the last two decades, I switched to “Unaffiliated”. I have never been a Republican or a
Democrat though, as a conservative, I have always leaned towards the Republican Party. My views in this
regard are well documented, being reflected throughout my writings.
In the last election cycle, I placed a vote of “no confidence” in either Party and today, I am grateful for
having done so. Over this last year I have shifted even further. Beyond a lack of confidence, I now seek to
detach myself from any labels that even seem to connect me with the politics of our nation as they stand
today. To do this, I feel, it is important to define my politics for myself.
Towards this end, I have contemplated terms such as “libertarian”, “constitutionalist” and even “classic
liberal”. While each of these (like conservatism) holds elements of the political views I hold, I don’t feel
any of them do it the justice I desire. For that reason, I started exploring the idea of inventing a new term.
I came up with about a dozen working ideas before I settled on one I thought would be best to use. A
Google search showed the term exists but remains vague and unpopular . For this reason, I have decided2
to adopt it and to write this paper to define the term for myself – that is, what I mean when I use the term –
and, in doing so, defining my own political ideology for myself. In this way, defining the term, “Islamic
Constitutionalism” in a general way is the subject matter of this paper…and very specifically, defining my
own views.
Perhaps the very first thing to say is – the core essence of this term is going to be an acknowledgment of a
hierarchy of concern – God, Family, Community and then Country. This is the logical order as moral order
begins with Divine responsibility and accountability. This duty then naturally extends to family, then
neighbors and community before extending to the society as a whole.
It may be important to state immediately that this is not a theocratic political ideal. While it does recognize1
God as the Absolute Sovereign, it also recognizes legal and political systems as human endeavors. Even within
that human endeavor, in this system laid out in this paper, there is no idea of a clerical class overseeing either the
government or the people. Again, while ethical behavior and a sense of justice are derived from Divine Law,
what is explained herein is a political philosophy based on moral guidance and not a creeping theocracy.
I am loosely familiar with Asifa Quraishi-Landes’ work on Islamic Constitutionalism. Her usage outlines three2
pillars: maslaha (public interest), fiqh (scholarly interpretation), and maqasid al-sharia (objectives of Islamic
Law). Her effort progresses from Islamic legal pluralism to modern application, clarifying that divine guidance
operates through autonomous scholarly diversity rather than top-down theocracy.
This paper doesn’t seek to address her usage at all and, as will be seen, is completely unrelated to her (or anyone
else’s) usage of the term.
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While having a deep admiration and respect for the Founding Fathers of the United States and the effort
they put forth in the core documents of this nation, a foundational principle in my worldview is that there
is no obedience to the creation if it entails disobedience to God. The greatest wrong a person can do is to3
associate partners or equals to God and this includes in His sovereignty, His role as Law Giver. This is the
greatest priority in my affairs, be they secular or sacred, and so, everything else comes afterwards.
Second to none but God is family. Piety to one’s parents and nearest of kin is essential. In today’s world,
where people will ignore and distance themselves from family but consider strangers on screens to be
dear to them, focusing on family and the maintaining of family ties has never been more revolutionary.
Building strong immediate family units and extended family networks is a source of strength, wealth and
power…as well as healing.
In the past communities were built upon family ties. Today we have transient communities where there
are more renters than owners and people will move with every new job opportunity. It has gotten so bad
in many areas that folk do not even know the names, families or occupations of their neighbors, let alone
whether they are in need or not. Strangers dissolve communities into “hoods” , areas wherein a bunch of4
complete strangers share common areas while isolating themselves from one another as much as possible.
Family and civic responsibility are remedies for this.
These three should be our primary concerns and only then do we look at the larger society, the country as
a whole. If we lived principled lives reflecting these priorities, how much better would our lives, our
families, our communities and, by extension, our country become.
Today, in America, the masses have traded their freedom for a facade of security. They have traded their
God-given inalienable rights for government-promised privileges. They are made to fear in ignorance and
are sold a remedy to these fears such that, by using the word “Shariah” the people willingly compromise
aspects of the First Amendment such as Freedom of Speech. As Americans, we have a status we’re
sacrificing; a status we must reclaim if we want to actually make America great.
What is that status exactly? It is the status that every individual is equally free and independent; that each
individual is endowed with inalienable rights; that each individual holds an equal station before the law.
This is the status of every American established in the Declaration of Independence as part of its core
principles.
So what are the key principles of Islamic Constitutionalism as I use it to define my own politics? What is
this political view I believe is the path forward for our nation as a whole? The seven core principles I see
as the very essence of Islamic Constitutionalism are:
This political philosophy is not a faith-based nationalism but rather, it is a moral order guided by public3
participation within a pluralistic society. There is no forced or enforced faith nor is it meant for one faith group to
the detriment or exclusion of another. As I see it, it is a call for “We the People” to return to our humanity.
I use the term “Hood” as opposed to Neighborhood as most are not neighborly at all.4
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1.) Individualism – this is a recognition of the primacy of every individual – regardless of gender, age,5
race, creed or socio-economic status – as an individual possessing seven God-given inalienable rights: the
right to faith, life, intellect, honor, lineage, wealth and property. While some of these rights (such as life or
property) may be forfeited due to felonious conviction, every human being possesses inherent human
worth not forfeited due to any reason.
2.) The Presumption of Freedom – this is a recognition that every humanbeing is born entrusted by their6
Creator with free agency . This agency, however, comes with moral and legal responsibility and due to7
this, individual liberty (the exercise of free agency within the boundaries of civic responsibility) is the
normative expectation. What this means specifically in this context is the individual freedom with regards
to their faith , their speech and their actions – and the toleration of these freedoms by everyone for8
everyone – within the boundaries of civil order.9
“Individualism” as used here is established in the Declaration of Independence wherein we read, “We hold5
these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain
unalienable rights, that among these are Life, Liberty and the pursuit of Happiness.” The Bill of Rights then
seeks to enumerate and safeguard many of these rights in relation to the government itself.
Similarly, in the Qur’an we read, “Indeed We have honored the Children of Adam” (17:70) and the rights
mentioned above are established as essential objectives of Islamic Law. The inherent worth of mankind is
affirmed when the Qur’an tells us that mankind was created to be the vicegerents of God upon the earth (2:30).
Here, we want two terms to be very clear for the reader. Freedom is not the ability to do whatever one desires,6
it is the ability to move within bounds. If there are no boundaries, there is no freedom. Similarly, if the
boundaries continue to change, there is no real freedom. The boundaries, for true freedom to be experienced,
must be firm but flexible as are found within the system of Islamic law called “Shariah”.
As for Liberty, it is freedom checked by civil and civic responsibilities. It is freedom with a mindful awareness of,
and a respect for, your fellow citizens.
“The Presumption of Freedom” as used here is well established in the previous quote from the Declaration of7
Independence as well as the words of John Adams in 1765, “Liberty must at all hazards be supported. We have a
right to it, derived from our Maker.” This was written in his essay series “A Dissertation on the Canon and the
Feudal Law,” in the Boston Gazette.
It is likewise established clearly in the Qur’an where we read, “Say: ‘The Truth is from your Lord.’ So whoever
wills – let him believe; and whoever wills – let him be ungrateful.” (18:29) and other verses such as 64:2 and
many other similar examples.
Freedom of Religion is well established in the Bill of Rights, by the First Amendment to the Constitution. This8
is well known by every American.
As for the Qur’an, it is clearly established in verse 2:256, “”There is no compulsion in religion. The right way
stands clearly distinguished from the wrong.”, 18:29 quoted above and, “Had your Lord so willed, all those who
are on the earth would have believed. Will you, then, force people into believing?” (10:99)
This is no different than what is already established in our nation albeit most are unfamiliar with the nuances.9
To offer three clear examples – 1.) If one’s religion calls for the sacrifice of human beings, while your holding
those beliefs are permitted, the practice thereof is NOT. 2.) Using obscene speech in public places (around
children) is not permitted, despite folk seemingly being unaware of this fact. 3.) Despite the freedom to carry
arms, it is not legal to brandish/use them in such a way that innocent people may be harmed by the irresponsible
actions of an individual. None of this is “new” and, I would argue, it is all common sense.
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3.) Limited Government – the entire purpose of our government is to ensure six very specific aims. We10
see these six aims in both the Preamble to the Constitution and the Farewell Address of President George
Washington, A.) to form a more perfect Union, B.) establishing Justice, C.) ensuring domestic tranquility,
D.) establishing a common defense, E.) promoting general welfare, and F.) securing the blessings of
liberty. This is what America is supposed to be about and it is to these aims only that the federal
government exists as it does; this is the defining objectives of our system of government.
Along with these six aims there are two expectations of the government and they are the protection of
individual rights and the preservation of social order. The government should have no authority beyond
these aims nor should any expectations be placed upon it…even if we have grown accustomed to such
authority or expectations.
Still, due to the history of governments around the world and in every period, there must remain a healthy
skepticism of the government by the governed such that the government ONLY operates within the
consent of those it is supposed to represent. Every person in representative or leadership roles should be
chosen by their constituents and serve as public servants NOT as authorities over the public. The
Constitution, after all, is not meant to limit society, but rather, to limit what the government can do in
society.
It is towards this aim that there are safeguards which must be recognized and supported. The separation of
powers within our own nation (the executive legislative and judicial) and within Islam (the executive, the
judicial, the congress of representatives and the scholars) – along with a free journalism must be11
respected in order to ensure no single office of government usurp more rights than is their right, or worse,
usurps the rights of the individuals within society.
Ultimately, the government is expected to serve as trustees before God, working for the governed,
checking and being checked so as to maintain the limits of their power and authority.
“Limited Government” is a well established ideal throughout the writings of the Founding Fathers of our10
nation…including the Constitution itself. It is one of the main themes addressed in President Washington’s
Farewell Address.
The Founding Fathers were also very clear in rejected broad clauses like “general welfare” as licenses for
expansion, viewing the Constitution as a strict contract binding rulers.
As for the Qur’an, we read in verse 4:58: “Indeed, God commands you to render trusts to whom they are due and
when you judge between the people to judge with justice.” And, “O you who have believed, obey God and obey
the Messenger and those in authority among you. And if you disagree over anything, refer it to God and the
Messenger.” (4:59)
Similar ideas to these are also well established in the Constitution of Medinah designed by Muhammad ملسو هيلع هللا ىلص, the
Messenger of God. That was, in fact, the first state constitution that was more than a codex of laws.
I translated “Shurah” as “Congress of Representatives” as the term “mutual consultation” may be confused11
when we are speaking about politics. While a Muslim is encouraged to seek mutual consultation in all one’s
affairs, when speaking bout politics, it is normally a conference between those chosen to represent each group of
people and their interests – similar to how the U.S. congress is supposed to operate. Due to this, I feel my
translation here gives a clearer understanding of both, my usage and the normative practice.
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4.) Civic Society – this is a rather complex concept as it involves at least three expectations. The first of12
these is that each citizen works towards the same exact aims as the government is expected to ensure. The
second is they seek to honor and protect the seven God-given inalienable rights mentioned earlier for each
individual, family and community, treating them as they themselves would like to be treated. The third is
an expectation they will serve their community by encouraging good (and facilitating it when able) and
discouraging evil (and being a bulwark against it when able ).13
This used to be basic neighborliness but it has become less and less common in our society as
communities are transient and far less organic. It entails a level of respect and toleration for others,
especially when they differ from you.
It is through these three expectations of civic society that one will find the normalization of spontaneous
order within family units, within communities and within society as a whole.
5.) Rule of Law – this is the expectation that every single human being is treated as equals before the14
law – regardless of any factors whatsoever. While “justice for all” is a beautiful slogan, seldom is it a
Regarding the concept of “Civic Society” we can read the words of Patrick Henry, “No free government, or12
the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation,
temperance, frugality, and virtue; and by a frequent recurrence to fundamental principles.”
Similarly we can read the words of Samuel Adams who said, “Neither the wisest constitution nor the wisest laws
will secure the liberty and happiness of a people whose manners are universally corrupt. He therefore is the
truest friend of the liberty of his country who tries most to promote its virtue.”
This idea is also well established in the Qur’an where we read, “Let there arise out of you a group of people
inviting to all that is good, enjoining what is right, and forbidding what is wrong; and these it is that are the
successful.” (3:104) and again just a few verses later in 3:110, “You are the best community raised FOR
humanity—you encourage good, forbid evil, and believe in God. Had the People of the Book believed, it would
have been better for them. Some of them are faithful, but most are rebellious.”
Similarly we read the words of the Prophet Muhammad ملسو هيلع هللا ىلص, “Whoever among you sees evil, let him change it
with his hand. If he cannot do so, then with his tongue. If he cannot do so, then with his heart – and that is the
weakest of faith.”
There is a wise saying wherein a man asked his gardener what his secret was to get his plant to grow so13
beautifully. The gardener replied, “I don’t force them to grow. I simply remove what stops them.”
Regarding “Rule of Law”, the Declaration of Independence grounds this in “all men are created equal” with14
unalienable rights, presupposing no one – including those in authority – above equal legal accountability. This is
more clearly established in Article III, Section 1 of the U.S. Constitution wherein judges are entrusted with the
expectation that they will hold office with “good behaviour,” vested with “the judicial Power” to ensure impartial
trials and uniform law application, including prohibiting privileges of rank.
As for the Qur’an, the most explicit verse on this matter addresses every believer in God and the Last Day
saying, “O you who believe, be persistent in standing firm for justice, witnesses before God, even if it be against
yourselves or parents or nearest of kin – whether they are rich or poor. Indeed God is more worthy of both.”
(4:135) And again, ““O you who believe, stand out firmly for God, as witnesses to fair dealing, and let not the
hatred of others to you make you swerve to wrong or depart from justice. Be just for that is next to piety.” (5:8)
Similarly there are many Prophetic Narrations that address this topic in great detail such as when the Prophet
ملسو هيلع هللا ىلص instructed judges: “The judge should not speak based on conjecture; he must investigate evidence.”
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reality. The Qur’an calls those who believe in God and the Last Day to stand out for Justice even if it is
against themselves or their nearest of kin, whether they are wealthy or impoverished.
Along with this, it is a fundamental aspect of the Rule of Law (and Islam) that there is NO individual or
group above the law. Regardless of any person’s wealth, title, position or perceived status – even the
highest offices of government – every person, party and group is equal before the law … without any
exceptions.
Along with this, there is an expectation of a well trained, unbiased and just judiciary who is entrusted by
the people to establish and ensure fair trials. It is also important to note that while the voice of the people
is critical and they are expected to be active participants in upholding the Rule of Law, there should be
NO vigilantism or “mob justice”. Rather, the Rule of Law entails every citizen be a voice for justice,
speaking the truth, declaring right right and wrong wrong no matter who it is for or against – even if it be
one’s one self or group or party.
6.) A Free Market Economy – from the most basic aspects of this is a protection of private property15
rights which are essential for individual autonomy and economic freedom. This is a clear statement
against both socialism and all forms of communism.
While fair taxes remain a social duty, government must not tax labor, earnings, spending, property
ownership, use, or retention This is the treatment seen by medieval lords of fiefdoms over serfs, not a
limited government governing by the consent of a free people. Theft is theft even if done by the
government and robbery is defined as stealing the property of another through the use of violence or
intimidation.
Along with this, corporations, while made up of individuals, are NOT entities in and of themselves
subject to equal rights protections as the citizens of a nation. This is meant to be a clear word against
corporate capitalism wherein corporations are permitted to dominate control over the market with
minimal oversight as well as predatory capitalism which disregards ethics as it preys upon the people
through the manipulation of commodities and costs.
Rather, a free market economy demands there is neither predatory capitalism nor socialism. Towards this
end there is an expectation of fair trade and justice. Every individual has the right to seek gainful
employment, work, buy, sell and save as they see fit without coercion or penalty (tax). What is more, the
Regarding a Free Market Economy, the Constitution addresses this directly! Article I, Section 8 of the15
Constitution grants Congress power “to regulate Commerce… among the several States,” explicitly enabling free
interstate trade without penalties. The Fifth Amendment goes on to protect property from uncompensated (or
under-compensated) seizure, reinforcing limited taxation and individual economic rights over feudal
(governmental) or corporate overreach.
In his 1792 essay “On Property”, James Madison affirmed: “Government is instituted to protect property of
every sort; as well that which lies in the various rights of individuals… This being the end of government, that
alone is a just government which impartially secures to every man whatever is his own.”
This concept is established in the Qur’an also, where we read, “O you who have believed, do not consume one
another’s wealth unjustly but only [in lawful] business by mutual consent, and do not kill yourselves [or one
another]. Indeed, God is to you ever Merciful.” (4:92) This prohibits theft, exploitation, or predatory dealings
and, in this way, it also implicitly protects the autonomy of property, voluntary exchange, and ethical commerce.
This verse also stands as a clear rejection of both socialism’s redistribution and capitalism’s predation.
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ability of an individual to possess and control their own wealth and property are from the rights that the
government and the society are expected to defend for every single human being.
It should be added here that part of “in order to form a more perfect union” entails trade can be conducted
freely between communities, cities, counties and states without penalties. Towards this end, trafficking,
buying, selling and even owning goods in and/or between multiple states, again, without penalties, is one
of the core aims the government at every level should be working to protect.
7.) Peace – this is the expected normative state of every community and society. It is not only an aim16
sought, it is also understood as a direct consequence of supporting these precepts. Harmony, balance and
cooperation is the natural outcome of Islamic Constitutionalism.
Recognizing all legal and political systems are human endeavors, we honor the system under which we
live while also recognizing the supremacy of the Divine Sovereignty of God alone. In this way, it is by the
Qur’an and Prophetic Traditions that we check tyranny, establish what is right, block the means to evils
and hold the government itself to account.
This, then, represents the core principles of Islamic Constitutionalism according to my understanding and
usage. These are the principles of my political views and each of these seven tenets are grounded
completely and firmly in the Qur’an and Prophetic Traditions as well as the United States Constitution
and the Founding Documents of our nation.
In this way, all of the proceeding represents the flexible political philosophy which I hold and have called
“Islamic Constitutionalism”. Anything which contradicts, violates or in any way goes against this, it goes
against the very meaning of Islamic Constitutionalism per my definition.
Now, proceeding beyond this, while it is understood that the states cannot establish alternative
constitutions conflicting with federal law nor can the states or federal government elevate any religious
system, all of the preceding is with a full expectation of respecting the Constitution while also weighing it
according to the guidance of God in the clear Qur’an and calling out any injustices according to this
criterion.
U.S. law absolutely protects religious freedom under the First Amendment and as such, Muslims (like all
other groups) are free to form representative councils and political lobbies that their concerns be heard.
There is also nothing preventing them from seeking to influence better legislation that prohibits
oppression while aiming towards the seven principles mentioned above. Taking it a step even further, the
legal system of the United States allows for third party arbitration and that arbitration is permitted to be
done on the basis of religious beliefs such as is seen in Christian arbitration centers for family law, Jewish
Beth Din courts and internal dispute resolution of the Amish. This means that, under equal protection,
Muslim communities are free to set up third party arbitration boards which utilizes rulings according to
the Shariah to resolve disputes amongst consenting members of the community. These are, of course,
limited such that they do not include any criminal jurisdiction nor can they be imposed upon the public
Regarding “Peace” in the context used here, the Preamble to the Constitution lists “insure domestic16
Tranquility” as a core aim.
In the Qur’an we read a fundamental message, “O mankind, indeed We have created you from a male and a
female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the
sight of God is the most pious of you.” (49:13) This verse promotes mutual recognition, equality, and
righteousness as pathways to social harmony. The expected outcome of just relations across diverse groups is
nothing other than peace and tranquility.
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and, in the end, they remain under the authority and supervision (and enforcement) of the secular court
system.
All of this can be done without any challenge at all to state or federal supremacy and so, it is a philosophy
that should be worked towards through collectives, networks and confederacies between communities.
But, I argue that, at the very least, each individual should resolve on what has been written here and
decide for themselves whether they want to continue being part of the two party system, or defined by one
of the so-called third party branches thereof…or if it’s not time for “We the People” to begin to define our
politics for ourselves.
Today Americans are divided intentionally and, amongst these divisions, very little room is left for
nuance. Concrete black and white views are demanded – “you’re either with us and all that we stand for,
say and do or, you are against us.” Party politics are but two sides of the same exact coin and, depending
on the event and whose side has done what, they both stand and fall for the same exact rhetoric.
In such a society, I have decided it is best for me to recognize that there is a need to divorce myself from
those well established labels and define my own politics to prevent the pigeon-holing that seems the
normal practices of our time. And it is precisely for this reason and towards that end I have written this
paper.
In the end, I say very clearly, I have no enemy other than Satan! Not even his followers, despite the
obstacles they create. This becomes imperative when we are constantly told who our enemies are
supposed to be and who we are supposed to believe wishes us harm – the fear mongering and war
mongering demanding of us that we pick a side even if it entails supporting injustices done by our own
government…or towards it. No! I have no enemies other than Satan.
While today Americans face forced binaries, I remain free to hold my nuanced views and I reject
pigeonholing and I refuse the boxes so many wish to place us in. As for myself, my duty is enjoining
good and forbidding evil, calling to God, humanity and justice – sans coercion (even towards good).
Towards this end, I will continue to say right is right and wrong is wrong – no matter who has done it. In
the end, I will uphold the presented usage of Islamic Constitutionalism – a political philosophy that seeks
harmony between divine morality and human governance – faith guiding liberty, not replacing it. A
political philosophy I strive to uphold in my private and public life, in the sacred and secular realms, in
my words, deeds and character … and I pray that God accept it of me and facilitate me in this…Ameen.
William Breiannis
Friday – 1/30/2026 CE
Yawm Al-Jumu’ah – 8/11/1447 AH
Baltimore, MD
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