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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Judiciary

Article 84: The Muhtasib

 The Constitution of the Caliphate State, 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.

This article is the definition for the judge of the Hisbah, and it is taken from the narration regarding the heap of the food, since the Messenger صلى الله عليه وآله وسلم found dampness in the heap of the food and ordered that it should be placed on top of the food so that the people could see it. Accordingly, these were the general rights of the people that the Messenger صلى الله عليه وآله وسلم was looking into and judged upon by ordering the moist food to be placed on the top of the heap in order to remove any cheating. This encompasses all of the rights which are of this type, and does not encompass the Hudud and criminal acts, since they are not of this nature, and because the origin here is the disputed issues between people.

Some articles of the Constitution

The Constitution of the Caliphate State

Article 75: The Judiciary

Article 75: The Judiciary is the pronouncement of the rule that becomes binding. It settles the disputes between the people and prevents that which harms the community’s rights, or it eliminates the disputes arising between people and members of the ruling system – both rulers and civil servants – from the Head of State downwards. more
The Constitution of the Caliphate State,

Article 7: How to implement the Shari'ah

Article 7: The State implements the Islamic Shari’ah upon all those who hold the Islamic citizenship, with no difference between Muslims and non-Muslims as follows: All the rules of Islam will be implemented upon the Muslims without any exception. The non-Muslims will be allowed to follow their beliefs and worships within the scope of the general system. The rule of apostasy will be implemented… more
The Constitution of the Caliphate State,

Article 163:Laboratory banned for individuals

Article163:Individuals are prevented from possessing laboratories producing materials that could harm the Ummah or the State, or materials that the Shari’ah forbade. more
The Constitution of the Caliphate State,

Article 168: Exchange and trade of funds

Article 168: It is permissible to have exchange between the State currency and the currency of other states like the exchange between the State’s own coinages. It is permissible for the exchange rate between two currencies to differ provided the currencies are different from each other. However, such transactions must be undertaken in a hand-to-hand manner and constitute a direct transaction with… more
The Constitution of the Caliphate State

Article 4: What may and what may not be adopted

Article 4: The Khalifah does not adopt any specific Shari’ah rule in matters related to rituals (‘Ibadaat) except in Zakat and Jihad, and whatever is necessary to protect the unity of the Muslims, and nor does he adopt any thought from among the thoughts related to the Islamic 'Aqeedah. more
The Constitution of the Caliphate State,

Article 128: The private property

Article 128: Private property is Shari’ah rule determined by the property itself or the benefit from it. This qualifies the one that owns a property to benefit of it or gets an exchange for it. more
The Constitution of the Caliphate State

Article 21: The political parties

Article 21:The Muslims have the right to establish political parties in order to account the rulers or to reach the rule through the Ummah on the condition that their basis is the Islamic 'Aqeedah and that the rules they adopt are Shari’ah rules. The formation of a party does not require any permission. Any group formed on an un-Islamic basis is prohibited. more