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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Judiciary

Article 94: Permissibility of power of attorney in private and public matters

The Constitution of the Caliphate State, Article 94: It is permitted for the one who has been vested with a specific responsibility, like a custodian or guardian, or general responsibility such as the Khalifah, ruler, civil servant, Muhtasib, or judge of the Court of Injustice Acts (Madhalim), to appoint a person to his position as a proxy - within the bounds of his authority – in disputes and defence alone, and there is no difference whether they were the plaintiff or defendant.

Its evidence is the evidence for the giving of proxy, since as it is valid for a person to deputise another person to act on their behalf in the issue they have control over such as buying, selling, and disputes, in the same manner it is valid to deputise another person to act on their behalf in the issues they are acting on, on behalf of someone else. So the proxy, if given the right to deputise in the issue that they were given the proxy in, can deputise someone for themselves in that which they have control over as a result of being given the proxy. Accordingly, the guardian can deputise someone else to act on their behalf with the wealth of the one they are guardian over, and in the same manner the custodian of the Waqf is permitted to deputise whomever they please in all the affairs that he has the power of control over from the leasing of the Waqf and so on. Similar to them is the ruler, who is permitted to deputise whomever he pleases in any of the issues he has control over. Unless the ruler is the Khalifah, in which case it is permitted for him to deputise whomever he pleases because he possesses control over every matter, and so he is like the one who deputises on his own behalf, whereas anyone other than the Khalifah, from those who are his delegates such as the assistants, governors, and department managers, do not have the power to deputise on their behalf in that which they have been deputised control over unless the Khalifah gave them the right to do so. This is because they are the delegates of the Khalifah, and so they are similar to the deputies, and the deputy has no right to deputise his duty unless he was given that right. So if his deputation gave him that power, then he would have the right of deputation irrespective of whether he was a plaintiff or defendant, since the right to deputise is general and encompasses every issue that he acts in. Based upon that, what is known today as the attorney general (lawyer of the government), and the public prosecutor and prosecution, or anything else similar, then from the angle of the rules of proxy the work is valid according to the Shari’ah, since the Shari’ah permitted this type of deputation.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 147: Conditions of taxation

Article 147:The State has the right to impose taxes in order to undertake anything that the Shari’ah obligated upon the Ummah if the funds in the Bayt Al-Mal were insufficient since the obligation for funding it would be transferred onto the Ummah. The State has no right to impose a tax for the sake of whatever is not obligatory upon the Ummah to undertake, and so it is not permitted to collect… more
The Constitution of the Caliphate State

Article 11: Da’wa (call to Islam) the fundamental task of the State

Article 11: Conveying the Islamic Da’wa (call to Islam) is the fundamental task of the State. more
The Constitution of the Caliphate State

Article 78: The conditions of judges

Article 78: Whoever undertakes the responsibility of judgement must be a Muslim, free, adult, sane, just, a Faqih (person who knows jurisprudence/Fiqh), and aware of how to apply the rules to the events. And the person who undertakes the judiciary of injustices (Madhalim)in addition to the conditions mentioned, must also be male and a Mujtahid (capable of deriving his own Fiqh/conducting Ijtihad). more
The Constitution of the Caliphate State,

Article 151: Revenues of the Bayt Al-Mal

Article 151: Money taken at the borders of the State from custom duties, income derived from public or State property, inheritance for which there is no inheritor and the assets of the apostates are all considered to be part of the revenue of the Bayt Al-Mal. 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 49: Department of executive assistant

Article 49: The Khalifah appoints assistants for implementation and their work is administrative. They are not rulers and their department is the institution that executes what the Khalifah issues in both of the internal and foreign affairs authorities and submits what comes to him from these authorities. The department is the intermediary between the Khalifah and others, conveying to and from… more
The Constitution of the Caliphate State,

Article 52: Administrative division of the country

Article 52: The lands which are ruled by the State are divided into units, where each unit is called a Wilayah (province). Each province is divided into units and each unit is called an ’Imalah (district). The one who governs the province is called the Wali (governor) or Amir and the one who governs the ’Imalah is called the ’Aamil (worker) or Hakim (ruler). more