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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.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 53: Preconditions of governor and ’Ummal

Article 53: The Khalifah appoints the governors. The ’Ummal (workers) are appointed by the Khalifah and by the governors if they have been delegated that power. The preconditions of the governor and ’Ummal are the same as the conditions for the assistants, so it is imperative that they are free, just, Muslim, adult men and are from the people who have the capability to do what they are assigned… more
The Constitution of the Caliphate State,

Article 134: Land ownership

Article 134:Dead land is possessed through its revival and fencing. Any other type of land is not possessed except through a Shari’ah means such as inheritance, purchase, and donation by the State. more
The Constitution of the Caliphate State

Article 2: Dar Al-Islam (Islamic Abode) and Dar Al-Kufr (abode of disbelief)

Article 2: Dar Al-Islam (Islamic Abode) is the territory where the rules of Islam are implemented and its security is upheld by Islam. Dar Al-Kufr (abode of disbelief) is the territory where the rules of Kufr are implemented or its security is upheld by other than the security of Islam. more
The Constitution of the Caliphate State

Article 5: 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 32: Vacancy of the position of Caliphate

Article 32: If the position of the Caliphate (Khilafah) becomes vacant due to the death of its leader, his resignation or his removal, it is obligatory to appoint a Caliph (Khalifah) within three days from the date that the position of the Caliphate (Khilafah) became vacant. 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 10: No clergymen in Islam. Islam is responsibility of all Muslims

Article 10: All the Muslims should bear the responsibility of Islam. There are no clergymen in Islam and the State should prohibit any sign of their presence among the Muslims. more

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