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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 34: Procedures of the appointment of the Caliph

Article 34: The method of appointing the Caliph (Khalifah)is the pledge of allegiance (Bay’a). The practical steps to appoint the Caliph (Khalifah)and his Bay’a are: The Madhalim court announces the vacancy of the position of the Caliphate (Khilafah) The temporary leader takes control of his responsibility and announces the opening of the nomination procedure immediately Applications of the… more
The Constitution of the Caliphate State,

Article 26: The right to elect the Caliph

Article 26: Every sane, adult Muslim, a male or a female, has the right to elect the leader of the State and to give him the pledge of allegiance; while the non-Muslims do not have such right. more
The Constitution of the Caliphate State,

Article 39: The duration and terms of the mandate of the caliph

Article 39: The Caliph (Khalifah) does not have a fixed term of office; as long as the Caliph (Khalifah) preserves the Shari’ah and he implements its rules, and is capable of carrying out the affairs of the State, he remains as a Caliph (Khalifah) as long as his situation does not change to one that would remove him from the leadership of the State. If his state changes in this manner, then it is… 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
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 15: The means to Haram (unlawful) is forbidden

Article 15: The means to Haram (unlawful) are forbidden if they most likely lead to Haram. But if there is a doubt that a means might lead to Haram, then this means will not be forbidden. 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