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Constitution of the Caliphate State for Android

The Constitution of the Caliphate State / General Rules

Article 1: The Islamic belief ('Aqeedah) constitutes the foundation of the state

The Constitution of the Caliphate State

Article 1: The Islamic belief ('Aqeedah) constitutes the foundation of the state. Hence, nothing is permitted to exist within its entity, its structure or its accountability or any other aspect connected to it, unless the Islamic 'Aqeedahis its basis. At the same time, the Islamic 'Aqeedahacts as the basis of the constitution and Shari’ah laws; thus, nothing related to the constitution or to the laws is permitted to exist unless it emanates from the Islamic 'Aqeedah.

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

The Constitution of the Caliphate State

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.

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Article 3: Adoption of the constitution and laws

The Constitution of the Caliphate StateArticle 3: The Khalifah adopts specific Shari’ah rules which he will enact as a constitution and laws. If he adopts a Shari’ah rule, this rule alone becomes the Shari’ah rule that must be acted upon and it becomes a binding law that every citizen must obey openly and privately.

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Article 4: What may and what may not be adopted

The Constitution of the Caliphate StateArticle 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.

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Article 5: Islamic citizenship, rights and duties

The Constitution of the Caliphate State

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.

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Article 6: Islamic citizenship, rights and duties

The Constitution of the Caliphate State

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.

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Article 7: How to implement the Shari'ah

The Constitution of the Caliphate State, 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:

  1. All the rules of Islam will be implemented upon the Muslims without any exception.
  2. The non-Muslims will be allowed to follow their beliefs and worships within the scope of the general system.
  3. The rule of apostasy will be implemented upon the apostates from Islam if they themselves were the apostates. As for their children, they will be treated as non-Muslims if they are born as such. Thus,, they will be treated in accordance with their current status as being either polytheists or people of the book.
  4. The non-Muslims will be treated in matters related to foodstuffs and clothing according to their faith and within the scope of what the Shari’ah rules permit.
  5. Matters of marriage and divorce will be settled among the non-Muslims according to their faith, and will be settled between them and the Muslims according to the rules of Islam.
  6. The State will implement the rest of the Shari’ah rules and all the Islamic Shari’ah matters, such as transactions, penal codes, testimonies, ruling systems and economics among others equally upon the Muslims and non-Muslims. The State will also implement the same upon those with a covenant, the asylum seekers and all those under the authority of Islam in the same way. It implements them upon all members of society except for the ambassadors, consuls, and similar for they have diplomatic immunity.

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Article 10: No clergymen in Islam. Islam is responsibility of all Muslims

The Constitution of the Caliphate StateArticle 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.

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Article 12: The sources of legislation

The Constitution of the Caliphate StateArticle 12: The Book, the Sunnah, the Ijmaa’ of the Sahabah and the Qiyas (analogy) are the only evidences considered in Shari’ah laws, and it is not permitted to adopt any legislation from other than these evidences.

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Article 13: Innocence, Punishment, Torture

The Constitution of the Caliphate StateArticle 13: In origin, every individual is innocent. No one should be punished without a court verdict. It is absolutely forbidden to torture anyone;and anyone who does this will be punished.

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Article 14: Acts and things in terms of the Shari’ah

The Constitution of the Caliphate State

Article 14: Actions are originally bound by the Shari’ah rules. Hence, no action should be undertaken unless its rule is known. The things on the other side are originally Mubah (permitted) as long as there is no evidence that stipulates prohibition.

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Article 15: The means to Haram (unlawful) is forbidden

The Constitution of the Caliphate StateArticle 15: The means to Haram (unlawful) are forbidden if they most likely lead to Haram. But if there is a doubt that a means might lead to Haram, then this means will not be forbidden.

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Some articles of the Constitution

The Constitution of the Caliphate State,

Article 96: Management of government’s and people’s affairs

Article 96: Management of the government’s and people’s affairs is carried out by offices, departments, and administrations, whose task is to ensure the management of the State’s business and the carrying out of the people’s interests. 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 28: The position of Caliph

Article 28: No one can be Khalifa unless the Muslims appoint him, and no one possesses the mandatory powers of the leadership of the State unless the contract with him has been concluded according tothe Shari’ah, like any contract in Islam. more
The Constitution of the Caliphate State,

Article 120: Marital life

Article 120: Marital life is one of tranquillity; and the couple should live together as companions. The guardianship (Qawwamah) of the husband over the wife is a guardianship of care and not ruling. It has been made obligatory for her to obey him, and obligatory upon him to financially support her according to the expected standard of living of one like her. more
The Constitution of the Caliphate State,

Article 70 : The Department of Internal Security

Article 70 : The Department of Internal Security is responsible for everything related to security, and prevents anything that threatens the internal security. It protects the security of the land through the police, and does not resort to the Army except by the order of the Khalifah. The head of this department is called the (Manager of Internal Security). This department has branches in the… more
The Constitution of the Caliphate State,

Article 37: Terms and conditions of the adoption of Shari’ah rules

Article 37: The Caliph (Khalifah)’s adoption is restricted by the Shari’ah rules; he is prohibited to adopt any rule which is not derived according to a legitimate deduction from the Shari’ah evidences, and he is restricted with what he adopted of the rules, and by what he bound himself to with respect to the method of derivation. So he is not permitted to adopt a rule which has been derived… more
The Constitution of the Caliphate State,

Article 36: The powers of the Caliph

Article 36: The Caliph (Khalifah) possesses the following powers: He is the one who adopts the Shari’ah rules derived by a correct Ijtihadfrom the Book of Allah (swt) and the Sunnah of his Messengernecessary for managing the affairs of the Ummah so that they become laws (Qawanin) which are obligatory to obey, and it is not permitted to oppose them. He is responsible for governing the domestic and… more