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Constitution of the Caliphate State for Android

Constitution of the Caliphate State


 

Article 75: The Judiciary

The Constitution of the Caliphate StateArticle 75: The Judiciary is the pronouncement of the rule that becomes binding. It settles the disputes between the people and prevents that which harms the community’s rights, or it eliminates the disputes arising between people and members of the ruling system – both rulers and civil servants – from the Head of State downwards.

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Article 76: The supreme judge

The Constitution of the Caliphate StateArticle 76: The Khalifah appoints a supreme judge to the judiciary from the male, adult, free, Muslim, sane, just people who know jurisprudence, and if he was given the power to appoint and remove the Madhalim judge, and had the power of judgement in the Madhalim, then he would have to be a Mujtahid. He would have the power to appoint judges, discipline them, and remove them as part of the administrative systems. As for the remainder of the civil servants of the courts, they are connected to the Department Manager who is responsible for the courts’ affairs.

 

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Article 77: Types of judiciary

The Constitution of the Caliphate StateArticle 77: The Judges are of three types: One is the Judge (Qadi), and he undertakes settling the disputes between people over transactions and penal codes. The second is the Muhtasib, who undertakes the settling of any breach of law that may harm the rights of the community. The third is the judge of the Court of Injustices (Madhalim), who undertakes the settling of disputes between the people and the State.

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Article 78: The conditions of judges

The Constitution of the Caliphate StateArticle 78: Whoever undertakes the responsibility of judgement must be a Muslim, free, adult, sane, just, a Faqih (person who knows jurisprudence/Fiqh), and aware of how to apply the rules to the events. And the person who undertakes the judiciary of injustices (Madhalim)in addition to the conditions mentioned, must also be male and a Mujtahid (capable of deriving his own Fiqh/conducting Ijtihad).

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Article 79: The assignment of judges

The Constitution of the Caliphate StateArticle 79: The Qadi, the Muhtasib and the Madhalim judge may be given a general appointment to pronounce judgement on all problems throughout the State, or alternatively they can be given an appointment to a particular location and to give judgement on particular types of cases.

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Article 80: The court and the verdict

The Constitution of the Caliphate State Article 80: The courts should be comprised of only one judge who has the authority to pronounce judgement. One or more judges are permitted to accompany him, however they do not have the authority of judgement but rather the authority of consulting and giving their opinion, and their opinion is not considered binding.

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Article 82: Permissible to vary the grades of courts

The Constitution of the Caliphate State, Article 82: It is permissible to vary the grades of courts in respect to the type of cases. Some judges may thus be assigned to certain cases of particular grades and other courts to be authorised to judge the other cases.

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Article 83: Judicial ruling

The Constitution of the Caliphate State, Article 83: There is no court of appeal, and no court of cassation, so the judiciary, as far as the method by which the cases are treated, is of a single level. If the judge pronounced a verdict, it would become binding, and it cannot ever be annulled by the verdict of another judge unless he ruled by other than Islam, or contradicted a definite text from the Quran, Sunnah or Ijmaa’ of the companions, or it became clear that he gave a verdict that contradicted the reality of the situation.

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Article 84: The Muhtasib

The Constitution of the Caliphate State, Article 84: The Muhtasib is the judge who investigates all cases, in the absence of an individual litigation, involving the rights of the public that do not involve the Hudud (proscribed punishments) and criminal acts.

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Some articles of the Constitution

The Constitution of the Caliphate State,

Article 176: Relation of Arts and crafts to science or culture

Article 176: Arts and crafts may be related to science, such as commerce, navigation and agriculture. In such cases, they are studied without restriction or conditions. Sometimes, however, arts and crafts are connected to culture and influenced by a particular viewpoint of life, such as painting and sculpting. If this viewpoint of life contradicts the Islamic viewpoint of life, these arts and… more
The Constitution of the Caliphate State

Article 4: What may and what may not be adopted

Article 4: The Khalifah does not adopt any specific Shari’ah rule in matters related to rituals (‘Ibadaat) except in Zakat and Jihad, and whatever is necessary to protect the unity of the Muslims, and nor does he adopt any thought from among the thoughts related to the Islamic 'Aqeedah. more
The Constitution of the Caliphate State

Article 20: Right and duty to accountable the rulers

Article 20: Accounting of the rulers by Muslims is one of their rights and an obligation of sufficiency upon them. The non-Muslim subjects have the right to voice complaint regarding the ruler’s injustice towards them or misapplication of the rules of Islam upon them. more
The Constitution of the Caliphate State,

Article 115: Women in the state apparatus

Article 115: It is permitted for a woman to be appointed in civil service and positions in the judiciary apart from the Court of Injustices. She can elect members of the Ummah’s council, and be a member herself, and she can participate in the election of the Head of State and in giving him the pledge of allegiance. more
The Constitution of the Caliphate State

Article 1: The Islamic belief ('Aqeedah) constitutes the foundation of the state

Article 1: The Islamic belief ('Aqeedah) constitutes the foundation of the state. Hence, nothing is permitted to exist within its entity, its structure or its accountability or any other aspect connected to it, unless the Islamic 'Aqeedahis its basis. At the same time, the Islamic 'Aqeedahacts as the basis of the constitution and Shari’ah laws; thus, nothing related to the constitution or to the… more
The Constitution of the Caliphate State,

Article 106: Election of Ummah- and Provincial Councils

Article 106: The members of the Provincial Councils are directly elected by the people in their provinces, and the number of members of any Provincial Councils is decided according to the ratio of the inhabitants in such province to the whole population of the State. The members of the Ummah Council are elected directly by the Provincial Councils. The start and end of the terms of the Ummah… more
The Constitution of the Caliphate State,

Article 41: The Decision about change and removal the Caliph

Article 41: The court of the Madhalim (injustices) is the only authority that can decide whether the change in the situation of the Caliph (Khalifah) removes him from the leadership or not, and it is the only authority that has the power to remove or warn him. more