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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Judiciary

Article 85: Authority of the Muhtasib

The Constitution of the Caliphate State, Article 85: The Muhtasib has the authority to judge upon violations as soon as he learns of them, irrespective of the location and without the need to hold a court session. A number of policemen are put at his disposal to carry out his orders and to execute his verdicts immediately.

 This article clarifies that a judicial court would not be required for the Muhtasib to look into the case at hand, rather he passes the judgement upon the offence the moment he is sure that it took place, and he has the power to judge at any placeand at anytime, whether in the market, in the house, while riding on the back of an animal or in the car, or during the day or night. This is because the evidence that confirms the need to have a judicial court in order to rule upon a case does not apply to the Muhtasib, because the narration which confirmed this condition states

«أَنَّ الْخَصْمَـيْنِ يَقْعُدَانِ بَيْنَ يَدَيِ الْحَكَمِ»

“that the two litigants have to sit in front of the judge” and

«إِذَا جَلَسَ إِلَيْكَ الْخَصْمَانِ»

“when the two litigants sit in front of you” (reported by Ahmad from Ali (ra)). This situation does not exist with the judge of the Hisbah. For there is no plaintiff and no defendant, but rather there is a public right that has been violated or there is a violation of the Shari’ah. Also, when the Messenger of Allah صلى الله عليه وآله وسلم looked into the case of the heap of food, he صلى الله عليه وآله وسلم was walking in the market at the time and the food was displayed for sale. He صلى الله عليه وآله وسلم did not summon the vendor to him, but as soon as he detected the offence he dealt with it on the spot. This indicates that the cases of Hisbah do not require a judicial court.

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Article 92: Specifics of judiciary of Madhalim

Article 92: The judiciary of the Injustice Acts (Madhalim) is not restricted by a court session or the request of the defendant or the presence of the plaintiff. It has the authority to look into any case of injustice even if there is no plaintiff. more
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Article 149: The permanent sources of income for Bayt Al-Mal

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Article 122: Custody of children

Article 122: Custody of the child is a right and duty upon the mother, irrespective of whether she is a Muslim or not as long as the child needs this care. If the child no longer needs the care, then the situation is examined. If both of the parents are Muslim then the child, whether boy or girl, chooses whomever they would like to live with, and they will join whomever they choose, irrespective… more
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Article 55: Coordination between governor and Caliph

Article 55: The governor is not obliged to inform the Caliph (Khalifah) of what he has carried out within his authorised command. If a new problem arises which has no precedent, he has to inform the Khalifah about it first, and he then proceeds according to the instructions of the Khalifah. If he was afraid that the problem would be exacerbated if delayed, he carries out the action and then must… 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