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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.

 

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 86: Deputies of the Muhtasib

Article 86: The Muhtasib has the right to appoint deputies for him. They should fulfil the requirements of the Muhtasib, and he is allowed to assign them to different places. Those deputies would have the power to carry out the duties of the Hisbah in the areas to which they have been assigned, and in the cases for which they have been delegated. more
The Constitution of the Caliphate State

Article 6: 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 176: Relation of Arts and crafts to science or culture

Article 176: Arts and crafts may be related to science, such as commerce, navigation and agriculture. In such cases, they are studied without restriction or conditions. Sometimes, however, arts and crafts are connected to culture and influenced by a particular viewpoint of life, such as painting and sculpting. If this viewpoint of life contradicts the Islamic viewpoint of life, these arts and… more
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 98: Employment in the administrative system

Article 98: Anyone who carries citizenship, and is competent, whether male or female, Muslim or non-Muslim, can be appointed as a manager for an administration, a department, or a division, and to be a civil servant in it. more
The Constitution of the Caliphate State,

Article 84: The Muhtasib

Article 84: The Muhtasib is the judge who investigates all cases, in the absence of an individual litigation, involving the rights of the public that do not involve the Hudud (proscribed punishments) and criminal acts. more
The Constitution of the Caliphate State,

Article 53: Preconditions of governor and ’Ummal

Article 53: The Khalifah appoints the governors. The ’Ummal (workers) are appointed by the Khalifah and by the governors if they have been delegated that power. The preconditions of the governor and ’Ummal are the same as the conditions for the assistants, so it is imperative that they are free, just, Muslim, adult men and are from the people who have the capability to do what they are assigned… more