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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

Article 19: Conditions of ruler

Article 19: It is not permitted for anyone to be in charge of ruling or any action considered to be from the ruling unless they are male, free, adult, sane, just, capable of carrying out the responsibility, and it is not permitted for anyone other than a Muslim. more
The Constitution of the Caliphate State,

Article 67: The educational intellectual and cultural preparing of the Army

Article 67: It is obligatory to provide the Army with the highest level of military education and raise its intellectual level as far as possible. Every individual in the Army should be given Islamicculture that enables him to have an awareness of Islam, to at least a general level. more
The Constitution of the Caliphate State,

Article 186: Greatness of the Islamic thoughts

Article 186: One of the most important political methods is the manifestation of the greatness of the Islamic thoughts in governing the affairs of individuals, nations and states. more
The Constitution of the Caliphate State,

Article 116: The woman and ruling positions

Article 116: It is not permitted for a woman to take a ruling position; so she cannot be a Khalifah, nor an assistant, governor or ‘Amil, nor undertake any action considered to be ruling. In the same manner she cannot be the head judge and nor a judge in the Madhalim court, nor the Amir of Jihad. more
The Constitution of the Caliphate State,

Article 123: The management of the economy

Article 123: The management of the economy is to take in consideration the viewpoint about the targeted society when considering the fulfilment of the needs. So what the society ought to be should be made the basis for the fulfilment of the needs. 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 171:The education policy

Article 171:The education policy is to form the Islamic mentality and disposition. Therefore, all subjects in the curriculum must be chosen on this basis. more