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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 93: The right to appoint proxy in the disputes and defence

Article 93: Every person has the right to appoint whomsoever he wishes as a proxy (Wakeel) for oneself in the disputes and defence, irrespective of whether he is Muslim or not, male or female. There is no distinction in this matter between the commissioner and the proxy. The proxy is permitted to be appointed for a fee according to the terms agreed upon with the commissioner. more
The Constitution of the Caliphate State,

Article 165: Development and investment by foreign funds and franchises to foreigners.

Article 165: Development and investment by foreign funds within the State are forbidden. It is also prohibited to grant franchises to foreigners. more
The Constitution of the Caliphate State,

Article 169: The State bank

Article 169: It is completely prohibited to open banks, and the only one permitted will be the State bank, and there are no transactions upon interest. This will be dealt with by a particular department of the Bayt Al-Mal. Financial loans will be undertaken in accordance with the rules of the Shari’ah and the financial and currency transactions will be facilitated. more
The Constitution of the Caliphate State,

Article 92: Specifics of judiciary of Madhalim

Article 92: The judiciary of the Injustice Acts (Madhalim) is not restricted by a court session or the request of the defendant or the presence of the plaintiff. It has the authority to look into any case of injustice even if there is no plaintiff. more
The Constitution of the Caliphate State,

Article 53: Preconditions of governor and ’Ummal

Article 53: The Khalifah appoints the governors. The ’Ummal (workers) are appointed by the Khalifah and by the governors if they have been delegated that power. The preconditions of the governor and ’Ummal are the same as the conditions for the assistants, so it is imperative that they are free, just, Muslim, adult men and are from the people who have the capability to do what they are assigned… more
The Constitution of the Caliphate State,

Article 28: The position of Caliph

Article 28: No one can be Khalifa unless the Muslims appoint him, and no one possesses the mandatory powers of the leadership of the State unless the contract with him has been concluded according tothe Shari’ah, like any contract in Islam. more
The Constitution of the Caliphate State,

Article 85: Authority of the Muhtasib

Article 85: The Muhtasib has the authority to judge upon violations as soon as he learns of them, irrespective of the location and without the need to hold a court session. A number of policemen are put at his disposal to carry out his orders and to execute his verdicts immediately. more