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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 54: Powers of governor

Article 54: The governor has the mandatory powers of ruling and responsibility over the tasks of the departments in his governorship as a delegate of the Khalifah, so he has all the powers in his province that the assistant has in the State. He has leadership over the people of his province and control over everything that is connected with it apart from the finances, judiciary and Army. However,… 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 33: The temporary Ameer

Article 33: A temporary leader is appointed to take charge of the affairs of the Muslims, and to prepare for the election of the new Caliph (Khalifah) after the vacation of the position of the Caliphate (Khilafah) according to the following process: When the previous Caliph (Khalifah) feels that his life is coming to an end, or is committed to resigning, he has the right to appoint the temporary… more
The Constitution of the Caliphate State,

Article 70 : The Department of Internal Security

Article 70 : The Department of Internal Security is responsible for everything related to security, and prevents anything that threatens the internal security. It protects the security of the land through the police, and does not resort to the Army except by the order of the Khalifah. The head of this department is called the (Manager of Internal Security). This department has branches in the… 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 134: Land ownership

Article 134:Dead land is possessed through its revival and fencing. Any other type of land is not possessed except through a Shari’ah means such as inheritance, purchase, and donation by the State. more
The Constitution of the Caliphate State,

Article 95: Judicial rulings before the Caliphate

Article 95: The contracts, transactions, and verdicts which were ratified and whose implementation was completed before the establishment of the Khilafah are not nullified by the judges of the Khilafah and nor do they review them, unless a case: Has a continued effect which contradicts Islam, so it is obligatory to review it. Or if it was connected with harm to Islam and the Muslims which was… more