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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Judiciary

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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Article 85: Authority of the Muhtasib

The Constitution of the Caliphate State, Article 85: The Muhtasib has the authority to judge upon violations as soon as he learns of them, irrespective of the location and without the need to hold a court session. A number of policemen are put at his disposal to carry out his orders and to execute his verdicts immediately.

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Article 86: Deputies of the Muhtasib

The Constitution of the Caliphate State, Article 86: The Muhtasib has the right to appoint deputies for him. They should fulfil the requirements of the Muhtasib, and he is allowed to assign them to different places. Those deputies would have the power to carry out the duties of the Hisbah in the areas to which they have been assigned, and in the cases for which they have been delegated.

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Article 87: The judge of Madhalim (Injustices)

The Constitution of the Caliphate State, Article 87: The judge of the Court of Injustices (Madhalim)is appointed to remove all injustices which have been inflicted upon any person who lives under the authority of the State, irrespective of whether the person is from the subjects of the State or not, and irrespective of whether the injustice was committed by the Khalifah or anyone below him from the rulers and civil servants.

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Article 88: Appointment and accountability of the judge of Madhalim

The Constitution of the Caliphate State, Article 88: The judge of the Court of Injustices (Madhalim) is appointed by the Khalifah, or by the Supreme Judge. His accounting, discipline and removal are done by the Khalifah or by the Supreme Judge if the Khalifah had given him the powers to do so. However he cannot be removed during his investigation of a Madhlamah against the Khalifah, or the executive assistants, or the Supreme Judge; rather the power to remove him in these circumstances is for the Court of Injustice Acts (Madhalim).

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Article 89: Unlimited number of judges of Madhalim

The Constitution of the Caliphate State, Article 89: There is no limit to the number of judges that can be appointed for the Court of Injustice Acts (Madhalim), rather the Khalifah can appoint as many as he may deem necessary to eradicate the Madhalim (injustice acts), whatever that number may be. Although it is permitted for more than one judge to sit in a court session, only one judge has the authority to pronounce a verdict. The other judges only assist and provide advice, and their advice is not binding.

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Article 90: The Court of Madhalim removes any ruler or employee

The Constitution of the Caliphate State, Article 90: The Court of Injustice Acts (Madhalim) has the right to remove any ruler or civil servant in the State, in the same way that it has the right to remove the Khalifah, if the elimination of the Madhlamah required this removal.

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Article 91: The court of justices investigate any case of injustice

The Constitution of the Caliphate State, Article 91: The Court of Injustice Acts (Madhalim) has the authority to investigate any case of injustice (Madhlamah), irrespective of whether it is related to officials of the State, the Head of State’s deviation from the Shari’ah rules, interpretation of the legislative texts in the constitution, law (Qanun) and other Shari’ah rules within the framework adopted by the Head of State, or the imposition of a tax, or anything else.

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Article 92: Specifics of judiciary of Madhalim

The Constitution of the Caliphate State, Article 92: The judiciary of the Injustice Acts (Madhalim) is not restricted by a court session or the request of the defendant or the presence of the plaintiff. It has the authority to look into any case of injustice even if there is no plaintiff.

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Article 93: The right to appoint proxy in the disputes and defence

The Constitution of the Caliphate State, Article 93: Every person has the right to appoint whomsoever he wishes as a proxy (Wakeel) for oneself in the disputes and defence, irrespective of whether he is Muslim or not, male or female. There is no distinction in this matter between the commissioner and the proxy. The proxy is permitted to be appointed for a fee according to the terms agreed upon with the commissioner.

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Article 94: Permissibility of power of attorney in private and public matters

The Constitution of the Caliphate State, Article 94: It is permitted for the one who has been vested with a specific responsibility, like a custodian or guardian, or general responsibility such as the Khalifah, ruler, civil servant, Muhtasib, or judge of the Court of Injustice Acts (Madhalim), to appoint a person to his position as a proxy - within the bounds of his authority – in disputes and defence alone, and there is no difference whether they were the plaintiff or defendant.

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Article 95: Judicial rulings before the Caliphate

The Constitution of the Caliphate State, Article 95: The contracts, transactions, and verdicts which were ratified and whose implementation was completed before the establishment of the Khilafah are not nullified by the judges of the Khilafah and nor do they review them, unless a case:

  1. Has a continued effect which contradicts Islam, so it is obligatory to review it.
  2. Or if it was connected with harm to Islam and the Muslims which was brought about by the previous rulers and their followers, and so it is permitted for the Khalifah to review such cases.
  3. Or if it was connected to wealth which had been misappropriated and still remains in the hands of the one who had taken it.

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Some articles of the Constitution

The Constitution of the Caliphate State,

Article 33: The temporary Ameer

Article 33: A temporary leader is appointed to take charge of the affairs of the Muslims, and to prepare for the election of the new Caliph (Khalifah) after the vacation of the position of the Caliphate (Khilafah) according to the following process: When the previous Caliph (Khalifah) feels that his life is coming to an end, or is committed to resigning, he has the right to appoint the temporary… more
The Constitution of the Caliphate State,

Article 90: The Court of Madhalim removes any ruler or employee

Article 90: The Court of Injustice Acts (Madhalim) has the right to remove any ruler or civil servant in the State, in the same way that it has the right to remove the Khalifah, if the elimination of the Madhlamah required this removal. more
The Constitution of the Caliphate State,

Article 103: The institution of the Media Office

Article 103: The institution of the Media Office is responsible for drawing up and executing the political media strategy for the State in order to support the interests of Islam and the Muslims. Internally, it works to build an Islamic society that is strong and cohesive, and it refutes that which is malicious while confirming that which is good. In external affairs it is to promote Islam during… more
The Constitution of the Caliphate State,

Article 120: Marital life

Article 120: Marital life is one of tranquillity; and the couple should live together as companions. The guardianship (Qawwamah) of the husband over the wife is a guardianship of care and not ruling. It has been made obligatory for her to obey him, and obligatory upon him to financially support her according to the expected standard of living of one like her. more
The Constitution of the Caliphate State,

Article 130: The state property

Article 130: State property is every wealth whose expenditure is determined by the opinion and Ijtihadof the Caliph (Khalifah), such as the wealth derived from taxes, land tax and Jizya. more
The Constitution of the Caliphate State,

Article 122: Custody of children

Article 122: Custody of the child is a right and duty upon the mother, irrespective of whether she is a Muslim or not as long as the child needs this care. If the child no longer needs the care, then the situation is examined. If both of the parents are Muslim then the child, whether boy or girl, chooses whomever they would like to live with, and they will join whomever they choose, irrespective… more
The Constitution of the Caliphate State,

Article 178: Education is compulsory and free for all

Article 178: It is an obligation upon the State to teach every individual those matters that are necessary for the mainstream of life, male or female, in the primary and secondary levels of education. This must be provided free of charge to everyone, and the State should, to the best of its ability, provide the opportunity for everyone to continue higher education free of charge. more