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.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 82: Permissible to vary the grades of courts

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. 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
The Constitution of the Caliphate State,

Article 114: Men and women, the rights and duties

Article 114: The woman has been given the same rights as man, and whatever was oblied upon man is also obliged upon the woman, except that which was specified for her or him by the Shari’ah evidences. Accordingly, she has the right to partake in trade, agriculture and industry, and to undertake contracts and transactions, to possess all forms of property, to invest her wealth whether personally… more
The Constitution of the Caliphate State,

Article 174: Empirical- and the cultural sciences

Article 174: A distinction should be drawn between the empirical sciences such as mathematics on the one hand and the cultural sciences on the other. The empirical sciences and all that is related to them are taught according to the need and are not restricted to any stage of education. As for the cultural sciences, they are taught at the primary and secondary levels according to a specific… 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
The Constitution of the Caliphate State,

Article 58: Moving governor from province to another

Article 58: The governor is not moved from one province to another, since his appointment was for a general control in a specific area. Therefore, he has to be discharged first and then reappointed. more
The Constitution of the Caliphate State,

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