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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 78: The conditions of judges

Article 78: Whoever undertakes the responsibility of judgement must be a Muslim, free, adult, sane, just, a Faqih (person who knows jurisprudence/Fiqh), and aware of how to apply the rules to the events. And the person who undertakes the judiciary of injustices (Madhalim)in addition to the conditions mentioned, must also be male and a Mujtahid (capable of deriving his own Fiqh/conducting Ijtihad). more
The Constitution of the Caliphate State,

Article 131: Private property consisting five means:

Article 131: Private property consisting of liquid and fixed assets is restricted to the following five Shari’ah means: Work Inheritance The need of wealth for the sake of living Donation from the wealth of the State to its subjects Funds taken by individuals without any effort or purchase more
The Constitution of the Caliphate State,

Article 181: Politics performed by State and Ummah

Article 181: Politics is taking care of the affairs of the Ummah domestically and internationally. It is performed by the State and the Ummah. The State takes on this task practically through government, and the Ummah accounts the State upon it. more
The Constitution of the Caliphate State,

Article 73: The Department of Foreign Affairs

Article 73: The Department of Foreign Affairs is in charge of all the affairs connected to the relations of the Khilafah state with the foreign states, whether from the political angle, or economic, industrial, agricultural and trade aspects, or postal, cable and wireless connections and so on 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
The Constitution of the Caliphate State,

Article 43: Conditions for Delegated Assistants

Article 43: The conditions for the assistant are the same as the conditions for the Khalifah; in other words, to be male, free, Muslim, adult, sane, just; and he is from the people of the capability in whatever actions were delegated to him. more
The Constitution of the Caliphate State,

Article 25: The Khilafah is a contract of choice and consent

Article 25: The Khilafah is a contract of choice and consent, so no one is compelled to accept it, and no one is compelled to choose the one who would undertake it. more