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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Judiciary

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.

The evidence that the judge of the Court of Injustices (Madhalim) can be more than one is that the Khalifah is permitted to appoint one or more deputies to act on his behalf. However, if there are a number of judges of the Court of Injustices (Madhalim), their power to look into the injustices (Madhalim) cannot be divided, so each one of them would have the right to look into the cases of injustices (Madhalim). The Khalifah is however allowed to specify a judge for the Court of Injustices (Madhalim) in one province, or to specify him to a certain type of case, because he has the right to give a general governorship over the injustices (Madhalim) or a specific governorship if he wished. He can give a governorship over the whole of the State, or over a city or region, as he sees fit.

As for the fact that when the judge of the Court of Injustices (Madhalim) looks into a case he should look into it on his own, this is because of what was mentioned earlier regarding the prohibition of having numerous judges in a single case, while it is permitted to have more than one judge in the same area. However, it is permitted for other judges of the Court of Injustices (Madhalim) to sit with him in court in a consultative capacity only, and they would not participate in the verdict. This is referred to his contentment and choice – so if he did not prefer that and opposed their sitting with him then they would not do so, since no one who distracts the judge from looking into his work should sit with him. However, if he left the court session he should consult them in the issue.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 49: Department of executive assistant

Article 49: The Khalifah appoints assistants for implementation and their work is administrative. They are not rulers and their department is the institution that executes what the Khalifah issues in both of the internal and foreign affairs authorities and submits what comes to him from these authorities. The department is the intermediary between the Khalifah and others, conveying to and from… 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
The Constitution of the Caliphate State

Article 77: Types of judiciary

Article 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… more
The Constitution of the Caliphate State,

Article 56: Powers of provincial assembly

Article 56: Every province has an assembly elected from its people and championed by the governor. The assembly has the authority to participate in expressing opinions on administrative matters and not on ruling; and this would be for two objectives: Firstly - providing the necessary information about the situation of the governorate and its needs to the governor and to express their opinion… more
The Constitution of the Caliphate State,

Article 153: The State shall guarantee to find a work for every citizen

Article 153: The State guarantees to create work for all of those who carry its citizenship. more
The Constitution of the Caliphate State,

Article 119: Prohibition of all that what threatens to undermine morality or society.

Article 119: It is prohibited for any man or woman to undertake any work which could undermine the morals, or causes corruption in the society. more
The Constitution of the Caliphate State,

Article 82: Permissible to vary the grades of courts

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. more