nusr-khilafah-en

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 67: The educational intellectual and cultural preparing of the Army

Article 67: It is obligatory to provide the Army with the highest level of military education and raise its intellectual level as far as possible. Every individual in the Army should be given Islamicculture that enables him to have an awareness of Islam, to at least a general level. more
The Constitution of the Caliphate State,

Article 179: Provide the means of developing knowledge for all

Article 179: The State ought to provide the means of developing knowledge, such as libraries and laboratories, in addition to schools and universities, to enable those who want to continue their research in the various fields of knowledge, like jurisprudence, narrations and Tafsir, and thought, medicine, engineering and chemistry, and such as inventions and discoveries and so on. This is done to… more
The Constitution of the Caliphate State,

Article 181: Politics performed by State and Ummah

Article 181: Politics is taking care of the affairs of the Ummah domestically and internationally. It is performed by the State and the Ummah. The State takes on this task practically through government, and the Ummah accounts the State upon it. more
The Constitution of the Caliphate State,

Article 31: Required for nomination and election of the Caliph

Article 31: There are seven conditions for the Caliph to be contracted, which are: to be male, Muslim, free, adult, sane, just, and from the people who have the capability. more
The Constitution of the Caliphate State

Article 13: Innocence, Punishment, Torture

Article 13: In origin, every individual is innocent. No one should be punished without a court verdict. It is absolutely forbidden to torture anyone;and anyone who does this will be punished. more
The Constitution of the Caliphate State,

Article 145: Land tax

Article 145: Land tax is payable upon the Kharajiyyah land according to its capacity. Zakah is collected from the ‘Ushriyyah land according to the actual production. more
The Constitution of the Caliphate State,

Article 132: Spending and investment of property restricted by the Shari’ah

Article 132: The disposal of property is restricted by the permission of the Legislator (swt), for both of spending and investment. Squandering, extravagance and miserliness are all forbidden. Capitalist companies, co-operatives and any other type of transactions which contradict the Shari’ah are forbidden. Interest, fraud, monopolies, gambling and anything similar are all forbidden. more