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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 113: In origin men and women are segregated

Article 113: In origin men and women are segregated, and do not come together except for a need by Shar’ agreesto it and agrees to their assembly for it , such as trade and the pilgrimage. more
The Constitution of the Caliphate State,

Article 152:The expenditure of the Bayt Al-Mal

Article 152: The expenditure of the Bayt Al-Mal is divided across six sections: a- The eight categories which deserve the Zakah to be spent upon them, from the chapter of Zakah. b- The poor, the needy, the wayfarer, Jihad, and those in debt – if there is nothing found in the chapter of Zakah, they are given money from the permanent sources of income of the Bayt Al-Mal, and if nothing is found… more
The Constitution of the Caliphate State,

Article 63: The Army

Article 63: The Army has two sections: the reserve section, which is all those Muslims who are capable of carrying arms, and the section of regular soldiers, who get salaries from the State budget in the same manner as the civil servants. more
The Constitution of the Caliphate State,

Article 68: Officers of the general Staff

Article 68: It is obligatory that each base should have sufficient numbers of officers of the Ggeneral Staff who possess expert military knowledge and experience in drawing up plans and running battles. The Army as a whole should possess as many of these officers as possible. more
The Constitution of the Caliphate State,

Article 133: Tithed land (‘Ushriyyah), taxed land (Kharajiyyah)

Article 133: Tithed land (‘Ushriyyah) constitutes land within the Arabian Peninsula and land whose owners had embraced Islam, whilst possessing the land, before the Islamic State conquered them by Jihad. Taxed land (Kharajiyyah) is all land, other than the Arabian Peninsula, which was opened by jihad, whether through war or peace treaties. The ‘Ushriyyah land, together with its benefits, is owned… more
The Constitution of the Caliphate State,

Article 112: The primary role of women

Article 112: The primary role of women is that she is a mother and responsible over the household and she is an honour that must be protected. more
The Constitution of the Caliphate State,

Article 46: Scrutiny of actions of delegated assistants

Article 46: It is imperative that the Khalifah scrutinises the actions of the delegated assistants (Tafwid) and their management of the affairs, in order to confirm what was right, and to correct any errors, since the management of the affairs of the Ummah has been delegated to the Khalifah and is decided by his Ijtihad. more