nusr-khilafah-en

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.

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

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.

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

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.

Read more: Article 3: Adoption of the constitution and laws

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.

Read more: Article 4: What may and what may not be adopted

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.

Read more: Article 5: Islamic citizenship, rights and duties

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.

Read more: Article 6: Islamic citizenship, rights and duties

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.

Read more: Article 7: How to implement the Shari'ah

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.

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

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.

Read more: Article 12: The sources of legislation

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.

Read more: Article 13: Innocence, Punishment, Torture

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.

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

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.

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

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 59: Dismissal of governor

Article 59: The governor can be discharged if the Khalifah decides so or if the Shura council expresses dissatisfaction with him - whether justified or not - or if the provincial council expressed discontent with him. However, the governor can only be dismissed by the Khalifah. more
The Constitution of the Caliphate State,

Article 62: Jihad

Article 62: Jihad is obligatory upon the Muslims and military training is compulsory. Every male Muslim who has reached the age of 15 is obligated to undertake military training in order to prepare him for Jihad. Recruitment is an obligation of sufficiency. more
The Constitution of the Caliphate State,

Article 187: The political cause is Islam

Article 187: The political cause of the Ummah is Islam, in the strength of the status of the State, the best implementation of its rules and continuity in carrying its call to mankind. more
The Constitution of the Caliphate State,

Article 157: The State works to circulate the wealth amongst the citizens

Article 157: The State works to circulate the wealth amongst the subjects, and prevents it from circulating solely amongst a particular sector of society. more
The Constitution of the Caliphate State,

Article 56: Powers of provincial assembly

Article 56: Every province has an assembly elected from its people and championed by the governor. The assembly has the authority to participate in expressing opinions on administrative matters and not on ruling; and this would be for two objectives: Firstly - providing the necessary information about the situation of the governorate and its needs to the governor and to express their opinion… 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 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