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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 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
The Constitution of the Caliphate State,

Article 117: The provisions of the private and public life

Article 117: The woman lives in public and private spheres; in the public sphere she is permitted to live with women, Maharim men, and foreign men (men whom she can marry) on the condition that nothing other than her face and hands can be revealed, and that the clothing is not revealing, besides there is not any open display of adornments. As for the private sphere, she is not permitted to live… more
The Constitution of the Caliphate State

Article 78: The conditions of judges

Article 78: Whoever undertakes the responsibility of judgement must be a Muslim, free, adult, sane, just, a Faqih (person who knows jurisprudence/Fiqh), and aware of how to apply the rules to the events. And the person who undertakes the judiciary of injustices (Madhalim)in addition to the conditions mentioned, must also be male and a Mujtahid (capable of deriving his own Fiqh/conducting Ijtihad). more
The Constitution of the Caliphate State,

Article 38: Powers and Conditions for care for parishioners

Article 38: The Caliph (Khalifah) has the complete right to govern the affairs of the subjects according to his opinion and Ijtihad. He can adopt anything of the permitted issues that he needs to run the affairs of the State and to manage the peoples’ affairs and he is not permitted to contradict any Shari’ah rule for the sake of benefit. For example, he cannot prohibit the single family from… more
The Constitution of the Caliphate State,

Article 121: The spouses: duties and rights

Article 121: The married couple must fully assist each other in the housework, and the husband must carry out all the work which is usually undertaken outside the house, while the wife carries out all the work which is usually undertaken inside the house, according to her capability. He must provide her with a servant as required to assist with the tasks that she is unable to carry out alone. more
The Constitution of the Caliphate State,

Article 138: Property of Factories

Article 138: Factories by their nature are private property. However, they follow the rule of the product that they are producing. If the product is private property then the factory is considered to be private property, such as textile factories. If the product is public property then the factory is considered public property, such as factories for iron ore production. more
The Constitution of the Caliphate State,

Article 57 : Term of office for the governor

Article 57: The governor’s term of office in a particular province is not to be long. He must be discharged whenever he becomes firmly established in his province or the people become enchanted with him. more