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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Judiciary

Article 81: The court session

The Constitution of the Caliphate State, Article 81: The judge can only give a verdict in a court session, and any evidence and oaths can only be considered in the court session.

Its evidence is what is narrated by ‘Abd Allah Bin Al-Zubayr who said,

«قَضَى رَسُولُ اللَّهِ صلى الله عليه وآله وسلم أَنَّ الْخَصْمَيْنِ يَقْعُدَانِ بَيْنَ يَدَيِ الْحَكَمِ»

“The Messenger of Allah صلى الله عليه وآله وسلم commanded that the two litigants sit in front of the judge (between his hands) .” (reported by Ahmad and Abu Dawud with the wording from Abu Dawud). This narration explains the form in which judgement is carried out and it is a lawful form in itself. There must be a specific form in which the judicial process be conducted, which is for the two disputing parties to sit before the ruler, and this would be the court session. Therefore, this is a condition for the validity of the judicial process i.e. it is imperative that there be a specific assembly where the judgement is to be conducted for it to be a valid judgement and this would be for the two disputing parties to sit before a ruler. This is supported by the narration of Ali (ra) when the Messenger of Allah صلى الله عليه وآله وسلم said to him:

«يَا عَلِيُّ، إِذَا جَلَسَ إِلَيْكَ الْخَصْمَانِ فَلاَ تَقْضِ بَـيْـنَهُمَا حَتَّى تَسْمَعَ مِنَ الآخَرِ كَمَا سَمِعْتَ مِنَ الأَوَّلِ»

“O ‘Ali, When two litigants sit in front of you, do not decide till you hear what the other has to say as you heard what the first had to say.” (reported by Ahmad), which also explains the specific form with his صلى الله عليه وآله وسلم words

إذَا جَلَسَ إِليكَ الخَصْمَانِ

“when two litigants sit in front of you”. So the court session is a condition for the validity of the judgement, and in the same manner it is a condition for the consideration of the oaths, due to the words of the Messenger صلى الله عليه وآله وسلم

«وَلَكِنَّ الْيَمِينَ عَلَى الْمُدَّعَى عَلَيْهِ»

“and the oath is upon the one who was accused (defendant)” (agreed upon from Ibn Abbas), and he would not have this attribute, the attribute of being accused, except in a court session. In the same manner, there would be no consideration for evidence unless given in a court session, due to the words of the Messenger صلى الله عليه وآله وسلم

«الْبَيِّنَةُ عَلَى الْمُدَّعِي»

“The onus of proof is upon the claimant (plaintiff)” (reported by Al-Bayhaqi with an authentic chain as Ibn Hajar said), and this attribute would not be given except in the court session.

Some articles of the Constitution

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Article 36: The powers of the Caliph

Article 36: The Caliph (Khalifah) possesses the following powers: He is the one who adopts the Shari’ah rules derived by a correct Ijtihadfrom the Book of Allah (swt) and the Sunnah of his Messengernecessary for managing the affairs of the Ummah so that they become laws (Qawanin) which are obligatory to obey, and it is not permitted to oppose them. He is responsible for governing the domestic and… more
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Article 43: Conditions for Delegated Assistants

Article 43: The conditions for the assistant are the same as the conditions for the Khalifah; in other words, to be male, free, Muslim, adult, sane, just; and he is from the people of the capability in whatever actions were delegated to him. more
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Article 27: The pledge upon obedience and the pledge of contracting

Article 27: If the Khilafah is contracted to an individual by the pledge of those it is valid to be contracted with, the pledge of the remainder of the people is a pledge upon obedience and not a pledge of contracting; and so, any one who is seen to have the potential of rebellion is forced to give the pledge. more
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Article 84: The Muhtasib

Article 84: The Muhtasib is the judge who investigates all cases, in the absence of an individual litigation, involving the rights of the public that do not involve the Hudud (proscribed punishments) and criminal acts. more
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Article 29: Required from a country for a contracting pledge

Article 29: It is stipulated that the authority of the region or the country that gives the Caliph a contracting pledge is autonomous dependent upon the Muslims alone, and not upon any disbelieving state; besides the security of the Muslims in that country, both internally and externally, is by the security of Islam not the security of the disbelief. With respect to the pledge of obedience taken… more
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Article 41: The Decision about change and removal the Caliph

Article 41: The court of the Madhalim (injustices) is the only authority that can decide whether the change in the situation of the Caliph (Khalifah) removes him from the leadership or not, and it is the only authority that has the power to remove or warn him. more
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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

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