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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.

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.

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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 169: The State bank

Article 169: It is completely prohibited to open banks, and the only one permitted will be the State bank, and there are no transactions upon interest. This will be dealt with by a particular department of the Bayt Al-Mal. Financial loans will be undertaken in accordance with the rules of the Shari’ah and the financial and currency transactions will be facilitated. more
The Constitution of the Caliphate State,

Article 131: Private property consisting five means:

Article 131: Private property consisting of liquid and fixed assets is restricted to the following five Shari’ah means: Work Inheritance The need of wealth for the sake of living Donation from the wealth of the State to its subjects Funds taken by individuals without any effort or purchase more
The Constitution of the Caliphate State,

Article 128: The private property

Article 128: Private property is Shari’ah rule determined by the property itself or the benefit from it. This qualifies the one that owns a property to benefit of it or gets an exchange for it. more
The Constitution of the Caliphate State,

Article 112: The primary role of women

Article 112: The primary role of women is that she is a mother and responsible over the household and she is an honour that must be protected. more
The Constitution of the Caliphate State,

Article 45 :Work of delegated assistant

Article 45 :The work of the assistant is to report to the Khalifah after whatever he has executed of the actions of management, and whatever he implemented of government and guardianship, in order that his powers do not become like that of the Khalifah. Therefore, his work is to raise his reports and to implement whatever he is ordered to. more
The Constitution of the Caliphate State

Article 12: The sources of legislation

Article 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. more
The Constitution of the Caliphate State,

Article 144: The Jizya

Article 144:Jizya is collected from non-Muslims (people of Dhimma). It is to be taken from the adult men if they are capable of paying it, and it is not taken from women or children. more