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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Judiciary

Article 82: Permissible to vary the grades of courts

The Constitution of the Caliphate State,

Article 82: It is permissible to vary the grades of courts in respect to the type of cases. Some judges may thus be assigned to certain cases of particular grades and other courts to be authorised to judge the other cases.

Its evidence is that the judiciary is delegated by the Khalifah and it is just like proxy, with no difference between them.

The judiciary is one form of proxy, and it is permitted for proxy to be general or specific. Therefore, it would be permitted to appoint a judge to deal in specific cases only, and prohibited from dealing with any other ones. It is permitted to appoint another judge to look into all sorts of cases including those mentioned, even in the same location, or to look into cases other than those mentioned. Therefore, it is permitted to have various levels of courts, and Muslims had this in the first era.

Al-Mawardi wrote in his book entitled Al-AhkamAl-Sultaniyyah: “Abu ‘Abd Allah Al-Zubayr said: ‘The leaders here in Basra used to appoint a judge at the central mosque, and they called him the judge of the mosque. He used to judge in disputes involving amounts below twenty Dinars and two hundred Dirhams, and he used to impose maintenance (Nafaqah). He would not exceed his boundaries and nor the duties entrusted to him’”.The Messenger of Allah صلى الله عليه وآله وسلم delegated others on his behalf in the judiciary in a single case such as when he delegated Amr b. Al-‘As, and he صلى الله عليه وآله وسلمdelegated others on his behalf in the judiciary in all of the cases in a particular province as he did when he delegated ‘Ali b. Abi Talib (ra) over the judiciary in Yemen. This indicates that it is permitted to have a specific and general judiciary.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 182: Relations with foreign countries

Article 182: It is absolutely forbidden for any individual, party, group or association to have relations with a foreign state. Relations with foreign countries are restricted to the State alone because the State has the sole right of governing the affairs of the Ummah practically. The Ummah can account the State regarding foreign relations. more
The Constitution of the Caliphate State,

Article 115: Women in the state apparatus

Article 115: It is permitted for a woman to be appointed in civil service and positions in the judiciary apart from the Court of Injustices. She can elect members of the Ummah’s council, and be a member herself, and she can participate in the election of the Head of State and in giving him the pledge of allegiance. more
The Constitution of the Caliphate State

Article 76: The supreme judge

Article 76: The Khalifah appoints a supreme judge to the judiciary from the male, adult, free, Muslim, sane, just people who know jurisprudence, and if he was given the power to appoint and remove the Madhalim judge, and had the power of judgement in the Madhalim, then he would have to be a Mujtahid. He would have the power to appoint judges, discipline them, and remove them as part of the… more
The Constitution of the Caliphate State

Article 109: Shura (consultation) is a right for Muslims

Article 109: Shura (consultation) is a right for the Muslims alone and the non-Muslims do not have a right to it. It is permitted for all of the subjects to put forward opinions, whether Muslim or not. more
The Constitution of the Caliphate State,

Article 133: Tithed land (‘Ushriyyah), taxed land (Kharajiyyah)

Article 133: Tithed land (‘Ushriyyah) constitutes land within the Arabian Peninsula and land whose owners had embraced Islam, whilst possessing the land, before the Islamic State conquered them by Jihad. Taxed land (Kharajiyyah) is all land, other than the Arabian Peninsula, which was opened by jihad, whether through war or peace treaties. The ‘Ushriyyah land, together with its benefits, is owned… more
The Constitution of the Caliphate State,

Article 24: Authorityand and Sharia implementation.

Article 24: The Khalifah is the representative of the Ummah in excercising of the authorityand in implementing of the Shari’ah. more
The Constitution of the Caliphate State,

Article 151: Revenues of the Bayt Al-Mal

Article 151: Money taken at the borders of the State from custom duties, income derived from public or State property, inheritance for which there is no inheritor and the assets of the apostates are all considered to be part of the revenue of the Bayt Al-Mal. more