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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 127: Types of property

Article 127: There are three types of property: private, public and State. more
The Constitution of the Caliphate State,

Article 65: The Commander of army and military ranks

Article 65: The Khalifah is the Commander of the Army and he appoints the Chief of General Staff, a general for each brigade, and a commander for every division. The remaining ranks in the Army are appointed by the brigadiers and commanders. The appointment of a person in the General Staff is according to his level of military expertise and is carried out by the Chief of General Staff. more
The Constitution of the Caliphate State,

Article 175: Islamic culture is mandatory in all levels of education

Article 175: The Islamic culture must be taught at all levels of education. In higher education, departments should be assigned to the various Islamic disciplines as will be done with medicine, engineering, physics and anything similar. more
The Constitution of the Caliphate State,

Article 170: The basis for the education curriculum

Article 170:It is imperative that Islamic ‘Aqeedah is the basis for the education curriculum. The syllabi and the ways of teaching are all drafted in a manner that does not deviate from this basis. 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 158: Mechanisms enable citizens get their needs

Article 158: The State makes it easier for all the citizens to be able to satisfy their extra (non-essential) needs, and to achieve equality in society in the following way: By giving out liquid and fixed assets from the funds of the Bayt Al-Mal, and from the war booties, and anything similar. Donating some of its cultivated land to those who have insufficient land. Those who possess land but do… more
The Constitution of the Caliphate State,

Article 163:Laboratory banned for individuals

Article163:Individuals are prevented from possessing laboratories producing materials that could harm the Ummah or the State, or materials that the Shari’ah forbade. more