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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 100: administrative actions against directors

Article 100: The managers in all departments, administrations, and divisions are not dismissed except for reasons connected with the administrative systems, but it is permitted to transfer them between posts or to suspend them from working. Their appointment, transfer, suspension, discipline, and removal are all done by whoever is in charge of the highest post of their office, department, or… more
The Constitution of the Caliphate State

Article 18: The rulers and the employees

Article 18: There are four types of rulers: the Khalifah, the delegated assistant, the governor, and the worker (’amil), and whoever falls under the same rule. As for anyone else, they are not considered rulers, but rather employees. more
The Constitution of the Caliphate State,

Article 183: Political means and political methods

Article 183: Ends do not justify means, because the method is integral to the thought. Thus, the obligation and the permitted cannot be attained by performing a forbidden action. Political means must not contradict the political methods. more
The Constitution of the Caliphate State,

Article 126: The wealth belongs to Allah (swt)

Article 126: The wealth belongs to Allah (swt) alone, and He (swt) has made human beings the trustees of it. Through this general trust they have been given the right to ownership of wealth. Allah (swt) has permitted for the individual to possess the wealth; so through this specific permission, he managed to possess it practically. more
The Constitution of the Caliphate State

Article 16: The system of ruling unitary, not a federal

Article 16: The system of ruling is a unitary system and not a federal system. more
The Constitution of the Caliphate State,

Article 56: Powers of provincial assembly

Article 56: Every province has an assembly elected from its people and championed by the governor. The assembly has the authority to participate in expressing opinions on administrative matters and not on ruling; and this would be for two objectives: Firstly - providing the necessary information about the situation of the governorate and its needs to the governor and to express their opinion… more
The Constitution of the Caliphate State,

Article 158: Mechanisms enable citizens get their needs

Article 158: The State makes it easier for all the citizens to be able to satisfy their extra (non-essential) needs, and to achieve equality in society in the following way: By giving out liquid and fixed assets from the funds of the Bayt Al-Mal, and from the war booties, and anything similar. Donating some of its cultivated land to those who have insufficient land. Those who possess land but do… more