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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 118: Rules Being alone with a non-incest and Finery

Article 118: It is not permitted for a woman to be alone with a non-Mahram. It is not permitted for her to reveal the adornments (Tabarruj) and the ‘Awrah in front of foreign men. more
The Constitution of the Caliphate State

Article 8: Arabic, language of Islam and State

Article 8: The Arabic language is exclusively the language of Islam and it is the only language used by the State. more
The Constitution of the Caliphate State,

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

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… more
The Constitution of the Caliphate State

Article 12: The sources of legislation

Article 12: The Book, the Sunnah, the Ijmaa’ of the Sahabah and the Qiyas (analogy) are the only evidences considered in Shari’ah laws, and it is not permitted to adopt any legislation from other than these evidences. more
The Constitution of the Caliphate State,

Article 164: Free healthcare for all

Article 164:The State provides free healthcare for all, but it does not prevent the use of private medical care or the sale of medicine. more
The Constitution of the Caliphate State,

Article 177: One education curriculum for public and private schools

Article 177: The State’s has one unique curriculum and no other curriculums are allowed to be taught. Private schools are allowed as long as they adopt the State’s curriculum and establish themselves on the State’s educational policy and accomplish the goal of education set by the State, on condition they do not allow mixing between male and female, whether student or teacher, and they are not… more
The Constitution of the Caliphate State,

Article 97: The policy of the administration

Article 97: The policy of the administration of services is based on simplicity of the system, speed in processing tasks and competence of the administrators. more

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