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Constitution of the Caliphate State for Android

The Constitution of the Caliphate State / General Rules

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

Article 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.

Article 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.

 The evidence of this article is reflected in Allah’s (swt) saying

((وَلَا تَسُبُّوا۟ ٱلَّذِينَ يَدْعُونَ مِن دُونِ ٱللَّهِ فَيَسُبُّوا۟ ٱللَّهَ))

And do not revile those they invoke other than Allah, lest they insult Allah in enmity without knowledge.” (TMQ 6:108). Insulting the disbelievers is permissible and Allah (swt) has insulted them in the Quran. However, if this insult were to lead the disbelievers to most probably insult Allah (swt), it would become prohibited. This is because insulting Allah (swt) is not permittedm and it is prohibited in the sternest fashion. This is how the Shari’ah principle, “the means to something forbidden is also forbidden”,has been deduced.However, the means becomes prohibited if it would most likely lead to something prohibited, since the prohibition of insulting their idols was because it was the cause which would lead to the insulting of Allah (swt) – as demonstrated by the use of the letter “fa” (lest) of causality in the verse, and if it was not most likely that Allah (swt) will be insulted because of insulting their idols, like the most likely probability (ghalabat Al-dhann) required in any Shari’ah rule, then the “fa” which indicates causality would not have been used to indicate the prohibition. Therefore, if the means were not considered in the most likely probability to lead to Haram but it was merely feared that it may lead to Haram, such as a woman going out without a face cover, where it is feared that it might cause Fitnah, the means in this case would not be Haram, because the mere fear that it might lead to Haram is not sufficient to warrant a prohibition. On top of that, the Fitnah with respect to itself is not prohibited upon the woman herself. This is the evidence of this article.

Another similar principle to this one is the following principle: “If one specific item of a Mubah thing leads to harm, that particular item becomes Haram and the thing remains Mubah”.This is reflected in what is narrated when the Messenger of Allah صلى الله عليه وآله وسلم passed through the land of Al-Hijr and people took water from its well. When they left the Messenger of Allah صلى الله عليه وآله وسلم said

«لاَ تَشْرَبُوا مِنْ مَائِهَا شَيْئاً، وَلاَ تَتَوَضَّؤُوا مِنْهُ لِلْصَّلاَةِ، وَمَا كَانَ مِنْ عَجِينٍ عَجَنْتُمُوهُ فَاعْلِفُوهُ الإِبِلَ وَلاَ تَأْكُلُوا مِنْهُ شَيْئاً، وَلاَ يَخْرُجَنَّ أَحَدٌ مِنْكُمُ اللَّيْلَةَ إِلاَّ وَمَعَهُ صَاحِبٌ لَهُ»

“Do not drink anything from its water and do not use it to make ablution for prayer. And whatever dough you prepared, give to the animals and do not eat anything from it. And no one goes out tonight but with a company.” reported by Ibn Hisham in his Sirah and Ibn Hibban in his Al-Thiqat. Drinking water is permitted, but that particular water, which is the water of Thamud, has been made prohibited by the Messenger of Allah صلى الله عليه وآله وسلم because it led to harm. However, water in general remained permitted. Also, it is permitted for a person to go out at night without a companion, but the Messenger of Allah صلى الله عليه وآله وسلم prohibited anyone from among that army, in that particular night and at that particular place, from going out because it led to harm. Apart from this, going out at night without a companion remained permitted. This serves as evidence that a particular item of the permitted thing becomes prohibited if it led to harm, while the thing in general remains permitted.

 

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Article 181: Politics performed by State and Ummah

Article 181: Politics is taking care of the affairs of the Ummah domestically and internationally. It is performed by the State and the Ummah. The State takes on this task practically through government, and the Ummah accounts the State upon it. more
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Article 108: Shura (consultation) and Mashwarah (deliberation)

Article 108: Shura (consultation) and Mashwarah (deliberation) is the taking of opinion in its absolute meaning, and it is not binding in legislation, definitions, and nor intellectual issues such as disclosing facts, nor technical and scientific issues; and it is binding when the Khalifah consults in any operational issue and the actions that do not require research and deep examination. more
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Article 150: When it's allowed taxes are levied?

Article 150: If the permanent revenues of the Bayt Al-Mal are not sufficient to cover the expenditure of the State, then it is possible to impose taxes upon the Muslims. It becomes obligatory to impose taxes as follows: a. To fulfil the obligatory expenses upon the Bayt Al-Mal for the poor, needy, and wayfarers, and to undertake the obligation of Jihad. b. To fulfil the obligatory expenses upon… more
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Article 67: The educational intellectual and cultural preparing of the Army

Article 67: It is obligatory to provide the Army with the highest level of military education and raise its intellectual level as far as possible. Every individual in the Army should be given Islamicculture that enables him to have an awareness of Islam, to at least a general level. more
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Article 8: Arabic, language of Islam and State

Article 8: The Arabic language is exclusively the language of Islam and it is the only language used by the State. more
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Article 143: The Zakah

Article 143: Zakah is collected from Muslims, and is taken from the wealth which the Shari’ah has specified such as money, the profits of trade, cattle and grains. It is not taken from anything which the Shari’ah did not mention. It is taken from every owner irrespective of whether they were legally responsible/accountable (Mukallaf) such as the mature, sane person or whether they were not… more