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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 20: Right and duty to accountable the rulers

Article 20: Accounting of the rulers by Muslims is one of their rights and an obligation of sufficiency upon them. The non-Muslim subjects have the right to voice complaint regarding the ruler’s injustice towards them or misapplication of the rules of Islam upon them. more
The Constitution of the Caliphate State,

Article 82: Permissible to vary the grades of courts

Article 82: It is permissible to vary the grades of courts in respect to the type of cases. Some judges may thus be assigned to certain cases of particular grades and other courts to be authorised to judge the other cases. more
The Constitution of the Caliphate State,

Article 158: Mechanisms enable citizens get their needs

Article 158: The State makes it easier for all the citizens to be able to satisfy their extra (non-essential) needs, and to achieve equality in society in the following way: By giving out liquid and fixed assets from the funds of the Bayt Al-Mal, and from the war booties, and anything similar. Donating some of its cultivated land to those who have insufficient land. Those who possess land but do… more
The Constitution of the Caliphate State,

Article 135: Land lease

Article 135:It is completely prohibited to rent land for agriculture, irrespective of whether the land was Kharajiyyah or ‘Ushriyyah. Likewise, temporary share-cropping is also prohibited. Musaaqa (renting trees for a portion of their yields) is permitted without restriction. more
The Constitution of the Caliphate State,

Article 46: Scrutiny of actions of delegated assistants

Article 46: It is imperative that the Khalifah scrutinises the actions of the delegated assistants (Tafwid) and their management of the affairs, in order to confirm what was right, and to correct any errors, since the management of the affairs of the Ummah has been delegated to the Khalifah and is decided by his Ijtihad. more
The Constitution of the Caliphate State,

Article 179: Provide the means of developing knowledge for all

Article 179: The State ought to provide the means of developing knowledge, such as libraries and laboratories, in addition to schools and universities, to enable those who want to continue their research in the various fields of knowledge, like jurisprudence, narrations and Tafsir, and thought, medicine, engineering and chemistry, and such as inventions and discoveries and so on. This is done to… more
The Constitution of the Caliphate State

Article 76: The supreme judge

Article 76: The Khalifah appoints a supreme judge to the judiciary from the male, adult, free, Muslim, sane, just people who know jurisprudence, and if he was given the power to appoint and remove the Madhalim judge, and had the power of judgement in the Madhalim, then he would have to be a Mujtahid. He would have the power to appoint judges, discipline them, and remove them as part of the… more