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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Judiciary

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.

 This article clarifies the powers of the Court of Injustices (Madhalim) with respect to removal of the rulers, since the ruler is appointed by a contract, known as the Contract of Assignment which is also called the Contract of Empowerment. The Khalifah has the right of the governorship which is the ruling, and he has the right of empowerment which is the appointment, and the empowerment is a contract that can only be completed with direct wording. Therefore, the removal of the ruler appointed by the Khalifah would be a termination of that contract, and the Khalifah undoubtedly reserves that right since the Messenger صلى الله عليه وآله وسلم appointed the governors and removed them. The righteously guided Khulafaa’ also appointed the governors and removed them. In the same manner the Khalifah could also delegate to those whomhe appointed the right to appoint and remove. However, the Court of Injustices (Madhalim) does not have the right to remove the rulers on behalf of the Khalifah, for it does not act on his behalf in appointing and removal; it rather acts on his behalf in looking into the injustices (Madhalim). So if the presence of that ruler in his province was an injustice (Madhlama), the court has the right to remove that injustice (Madhlamah); in other words, it has the right to remove that ruler from office. Therefore, its power to remove the rulers is not done on behalf of the Khalifah, rather it is only removing the injustice (Madhlamah), and accordingly those who have been ruled upon to be removed are removed even if the Khalifah is not pleased with it, since his removal in this situation is the ruling upon the removal of an injustice (Madhlamah), and this applies to everyone including the Khalifah, since the ruling of the judge is a ruling for everyone.

As for its powers to remove the Khalifah, in the same manner it is ruling upon the removal of an injustice (Madhlamah), since if one of the circumstances where the Khalifah is removed automatically or necessitated his removal occurs, then his remaining in office would be an injustice (Madhlamah). And it is the Court of Injustices (Madhalim)which rules upon the removal of the injustices (Madhalim), so it is the one who rules upon his removal. Therefore, the judgement of the Court of Injustices (Madhalim) to remove the Khalifah would be a judgement aimed at removing an injustice (Madhlamah), and so if removal of the Madhlamah necessitated his removal, the judgement for his removal would be given.

Some articles of the Constitution

The Constitution of the Caliphate State

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Article 16: The system of ruling is a unitary system and not a federal system. more
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Article 64: Banners and flags of the army

Article 64: The Army is given banners and flags and the Head of State (the Khalifah) gives the banners to whomever he appoints to lead the Army, whereas the flags are provided by the brigadiers. more
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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
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Article 2: Dar Al-Islam (Islamic Abode) and Dar Al-Kufr (abode of disbelief)

Article 2: Dar Al-Islam (Islamic Abode) is the territory where the rules of Islam are implemented and its security is upheld by Islam. Dar Al-Kufr (abode of disbelief) is the territory where the rules of Kufr are implemented or its security is upheld by other than the security of Islam. more
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Article 34: Procedures of the appointment of the Caliph

Article 34: The method of appointing the Caliph (Khalifah)is the pledge of allegiance (Bay’a). The practical steps to appoint the Caliph (Khalifah)and his Bay’a are: The Madhalim court announces the vacancy of the position of the Caliphate (Khilafah) The temporary leader takes control of his responsibility and announces the opening of the nomination procedure immediately Applications of the… more
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Article 147: Conditions of taxation

Article 147:The State has the right to impose taxes in order to undertake anything that the Shari’ah obligated upon the Ummah if the funds in the Bayt Al-Mal were insufficient since the obligation for funding it would be transferred onto the Ummah. The State has no right to impose a tax for the sake of whatever is not obligatory upon the Ummah to undertake, and so it is not permitted to collect… more
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Article 54: Powers of governor

Article 54: The governor has the mandatory powers of ruling and responsibility over the tasks of the departments in his governorship as a delegate of the Khalifah, so he has all the powers in his province that the assistant has in the State. He has leadership over the people of his province and control over everything that is connected with it apart from the finances, judiciary and Army. However,… more

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