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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 168: Exchange and trade of funds

Article 168: It is permissible to have exchange between the State currency and the currency of other states like the exchange between the State’s own coinages. It is permissible for the exchange rate between two currencies to differ provided the currencies are different from each other. However, such transactions must be undertaken in a hand-to-hand manner and constitute a direct transaction with… more
The Constitution of the Caliphate State,

Article 180: No publishing and printing rights

Article 180: The exploitation of writing books for educational purposes at whatever level is strictly forbidden. Once a book has been printed and published, nobody has the right to reserve the publishing and printing rights, including the author. However, if they were ideas he had, which were not yet printed or published, the owner has the right to be paid for transferring these ideas to the… more
The Constitution of the Caliphate State,

Article 85: Authority of the Muhtasib

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. more
The Constitution of the Caliphate State,

Article 101: The civil servants

Article 101: The civil servants other than the managers are appointed, transferred, suspended, disciplined, and removed by the one who is in charge of the departments, administrations or divisions. more
The Constitution of the Caliphate State,

Article 102: The treasury (Bayt Al-Mal)

Article 102: The treasury (Bayt Al-Mal) is the administration responsible for the revenues and expenditure in accordance with the Shari’ah rules in terms of their collection, storage and spending. The head of the office of the treasury is called the Treasurer of the Treasury (Khazin Bayt Al-Mal). The offices in the provinces fall under it and the head of each office is called the Trustee of the… more
The Constitution of the Caliphate State,

Article 100: administrative actions against directors

Article 100: The managers in all departments, administrations, and divisions are not dismissed except for reasons connected with the administrative systems, but it is permitted to transfer them between posts or to suspend them from working. Their appointment, transfer, suspension, discipline, and removal are all done by whoever is in charge of the highest post of their office, department, or… more
The Constitution of the Caliphate State,

Article 150: When it's allowed taxes are levied?

Article 150: If the permanent revenues of the Bayt Al-Mal are not sufficient to cover the expenditure of the State, then it is possible to impose taxes upon the Muslims. It becomes obligatory to impose taxes as follows: a. To fulfil the obligatory expenses upon the Bayt Al-Mal for the poor, needy, and wayfarers, and to undertake the obligation of Jihad. b. To fulfil the obligatory expenses upon… more

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