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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 60: Examination of governors and their actions

Article 60: The Khalifah must examine the actions of the governors and continually assess their performance strictly. He must deputise people to monitor their situations, investigate them, and periodically gather all or some of them, and listen to the complaints of the subjects regarding them. 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 156: The state guarantees the expense for the needy

Article 156:The State has to guarantee the living expenses of the one who has no money, no work and no relatives responsible for his financial maintenance. The State is responsible for housing and maintaining the disabled and handicapped people. more
The Constitution of the Caliphate State,

Article 166: Own independent currency, and not linked to any foreign currency.

Article 166: The State issues its own independent currency, and it is not permitted for it to be linked to any foreign currency. more
The Constitution of the Caliphate State,

Article 161: Foreign trade is assessed on the basis of the citizenship

Article 161: Foreign trade is assessed on the basis of the citizenship of the trader and not the origin of the goods. Merchants from countries in a state of war with the State are prevented from trading in the State, unless given a special permission for the merchant or the goods. Merchants from countries that have treaties with the State are treated according to the terms of the treaties.… more
The Constitution of the Caliphate State,

Article 176: Relation of Arts and crafts to science or culture

Article 176: Arts and crafts may be related to science, such as commerce, navigation and agriculture. In such cases, they are studied without restriction or conditions. Sometimes, however, arts and crafts are connected to culture and influenced by a particular viewpoint of life, such as painting and sculpting. If this viewpoint of life contradicts the Islamic viewpoint of life, these arts and… more
The Constitution of the Caliphate State

Article 6: Islamic citizenship, rights and duties

Article 5: All citizens of the Islamic State enjoy the Shari’ah rights and duties. Article 6: The State is forbidden to discriminate at all between the individuals in terms of ruling, judiciary and management of affairs or their like. Rather, every individual should be treated equally regardless of race, Deen, colour or anything else. more