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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Judiciary

Article 91: The court of justices investigate any case of injustice

 The Constitution of the Caliphate State, Article 91: The Court of Injustice Acts (Madhalim) has the authority to investigate any case of injustice (Madhlamah), irrespective of whether it is related to officials of the State, the Head of State’s deviation from the Shari’ah rules, interpretation of the legislative texts in the constitution, law (Qanun) and other Shari’ah rules within the framework adopted by the Head of State, or the imposition of a tax, or anything else.

Its evidence is that the Messenger صلى الله عليه وآله وسلمconsidered that price-fixing by the ruler was an injustice (Madhlamah), and saw that the arrangements of the State in setting the order of people to irrigate their land from the public water was an issue that could lead to an injustice (Madhlamah). This indicates that the action of the ruler which contradicts the Truth or the Shari’ah rules is an injustice (Madhlamah) if it was connected to the Khalifah (Head of State), because the Messenger صلى الله عليه وآله وسلم was the Head of State. And if it was connected to officials of the state it would also be an injustice (Madhlamah), because they are the delegates of the Head of State, and so it would also be connected to the Khalifah because it is connected to the action which they were delegated to and not to themselves as individuals. Accordingly, the narration regarding price fixing is evidence that the violation of the Head of State is an injustice (Madhlamah), and the Court of Injustices (Madhalim) is the entity which has the power to look into the injustices (Madhalim), which is the evidence for the first part of the article.

As for the second part, which is the investigation into a text for the constitution or canons, it is because the constitution is the basic law, and the law is the order of the authority, and so investigating it is investigating the order of the authority. Therefore, it comes under the narration regarding price fixing since it is an investigation of the actions of the Khalifah. Above and beyond that, Allah (swt) said,

{ فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ }

And if you disagree over anything, refer it to Allah and the Messenger.” (TMQ 4:59), or in other words, if you and those in authority differed over something. Differing over an article of the constitution or law is a difference between the subjects and the people of authority regarding a Shari’ah rule, and so it is referred to Allah (swt) and His Messenger صلى الله عليه وآله وسلم – referring to Allah (swt) and His Messenger صلى الله عليه وآله وسلمis referring it to the Court of Injustices (Madhalim), in other words, to the judgement of Allah (swt) and His Messenger صلى الله عليه وآله وسلم.

With regards to the third part of the article, the Messenger صلى الله عليه وآله وسلمsaid,

«مَنْ أَخَذْتُ لَهُ مَالاً فَهَذَا مَالِي فَلْيَأْخُذْ مِنْهُ»

“Whoever I took property from, let him take from my property” reported by Abu Ya’la from Al-Fadl Bin Abbas,and he صلى الله عليه وآله وسلم said,

«وَإِنِّي لأَرْجُو أَنْ أَلْقَى اللَّهَ وَلا يَطْـلُـبُنِي أَحَدٌ بِمَظْلِمَةٍ ظَلَمْـتُهَا إِيَّاهُ فِي دَمٍ وَلا مَالٍ»

“And I am hopeful that I will meet Allah and none of your are seeking (recompense from) me for injustice (I inflicted) involving blood or wealth,” (reported by Ahmad from Anas), and so the taking of wealth from the subjects by the Khalifah without right is considered an injustice (Madhlamah), and to take the wealth which the Shari’ah did not obligate upon the subjects is an injustice (Madhlamah), and due to this the Court of Injustices (Madhalim)can investigate the taxes since they are wealth taken from the subjects. Its investigation into the taxes is only to see whether that tax is lawfully obliged by Shari’ah upon the Muslims, such as the money taken to feed the needy, which would not be an injustice (Madhlamah), or whether that tax is not obliged by the Shari’ah, such as money taken to build a dam that is not considered essential, which would ,therefore, be an injustice (Madhlamah) that has to be removed. This is why the Court of Injustices (Madhalim) has the power to examine taxes.

Some articles of the Constitution

The Constitution of the Caliphate State

Article 107: Membership of Ummah- and Provincial Council

Article 107: Every citizen who is adult and sane, has the right to be a member of the Ummah Council or the Provincial Council, whether they are male, female, Muslim or non Muslim; the non-Muslim member is restriced to raising complaints regarding the oppression of the rulers or the misapplication of the laws of Islam. more
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Article 3: Adoption of the constitution and laws

Article 3: The Khalifah adopts specific Shari’ah rules which he will enact as a constitution and laws. If he adopts a Shari’ah rule, this rule alone becomes the Shari’ah rule that must be acted upon and it becomes a binding law that every citizen must obey openly and privately. more
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Article 142: Hoarding of wealth is prohibited

Article 142: Hoarding of wealth is prohibited, even if Zakah is paid upon it. more
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Article 183: Political means and political methods

Article 183: Ends do not justify means, because the method is integral to the thought. Thus, the obligation and the permitted cannot be attained by performing a forbidden action. Political means must not contradict the political methods. more
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Article 22: Principles of the ruling system

Article 22: The ruling system is built upon four principles which are: Sovereignty is for the Shari’ah rather than fort the people The authority is for the Ummah To appoint a single Khalifah is an obligation upon the Muslims The Khalifah alone has the right to adopt Shari’ah rules, so he is the one who enacts the constitution and the rest of the laws more
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Article 13: Innocence, Punishment, Torture

Article 13: In origin, every individual is innocent. No one should be punished without a court verdict. It is absolutely forbidden to torture anyone;and anyone who does this will be punished. more
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Article 161: Foreign trade is assessed on the basis of the citizenship

Article 161: Foreign trade is assessed on the basis of the citizenship of the trader and not the origin of the goods. Merchants from countries in a state of war with the State are prevented from trading in the State, unless given a special permission for the merchant or the goods. Merchants from countries that have treaties with the State are treated according to the terms of the treaties.… more