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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Judiciary

Article 92: Specifics of judiciary of Madhalim

The Constitution of the Caliphate State, 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.

Its proof is the evidence which confirms the conditions for the correct session to look into a case does not apply to the Court of Injustices (Madhalim) due to the absence of a plaintiff, since there is no requirement for the presence of a plaintiff, as it will look into the injustice (Madhlamah) even if no one was a plaintiff. Also, the lack of necessity for the defendant to be present, because the court looks into the case without requiring the defendant to be present since it is looking closely at the injustice (Madhlamah) and the defendant. Therefore, the evidence which makes the court session a condition - which is the words of the Messenger :صلى الله عليه وآله وسلم

«أَنَّ الْخَصْمَـيْنِ يَقْعُدَانِ بَيْنَ يَدَيِ الْحَكَمِ»

“The two litigants sit in front of the judge (between his hands).” reported by Ahmad and Abu Dawud from ‘Abd Allah Bin Al-Zubayr,and:

«إِذَا جَلَسَ إِلَيْكَ الْخَصْمَانِ»

“when the two litigants sit in front of you” reported by Ahmad from Ali (ra) - does not apply. Based upon that, the Court of Injustices (Madhalim) can look into the injustice (Madhlamah) simply due to it arising, without any restraint at all, neither due to location, time, nor court session, or anything else.

However, due to the position of this court, from the angle of its powers, it used to be surrounded by what gave it an imposing and great image. In the time of the Sultans in Egypt and Ash-Sham the sitting of the Sultan during which the injustices (Madhalim) were looked into was called “The House of Justice”, and one of his delegates would undertake the session with judges and jurists present. Al-Maqrizi mentioned in his book entitled “Al-Suluk Ila Ma’rifat Duwal Al-Muluk” (The Way to Know the States of the Kings), that the Sultan Al-Malik Al-Salih Ayyub appointed deputies to act on his behalf in the House of Justice. They used to sit there to remove the injustices (Madhalim), and there would be witnesses, judges and jurists all present. There is no harm in making the Court of Injustices (Madhalim) a splendid building, for this would be from the permitted issues, especially if this reflected the might of justice.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 119: Prohibition of all that what threatens to undermine morality or society.

Article 119: It is prohibited for any man or woman to undertake any work which could undermine the morals, or causes corruption in the society. 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 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 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 86: Deputies of the Muhtasib

Article 86: The Muhtasib has the right to appoint deputies for him. They should fulfil the requirements of the Muhtasib, and he is allowed to assign them to different places. Those deputies would have the power to carry out the duties of the Hisbah in the areas to which they have been assigned, and in the cases for which they have been delegated. more
The Constitution of the Caliphate State,

Article 157: The State works to circulate the wealth amongst the citizens

Article 157: The State works to circulate the wealth amongst the subjects, and prevents it from circulating solely amongst a particular sector of society. more
The Constitution of the Caliphate State

Article 76: The supreme judge

Article 76: The Khalifah appoints a supreme judge to the judiciary from the male, adult, free, Muslim, sane, just people who know jurisprudence, and if he was given the power to appoint and remove the Madhalim judge, and had the power of judgement in the Madhalim, then he would have to be a Mujtahid. He would have the power to appoint judges, discipline them, and remove them as part of the… more

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