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Constitution of the Caliphate State for Android

The Constitution of the Caliphate State / General Rules

Article 10: No clergymen in Islam. Islam is responsibility of all Muslims

Article 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.

Article 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.

Although Mujtahids are scholars, however not every scholar is necessarily a Mujtahid since a scholar could either be a Mujtahid or a Muqallid (imitator). If the Muslim were to take the Shari’ah rule in order to act upon, then, it requires some consideration: if he took the rule from a Mujtahid, he in this case would be emulating the Mujtahid. If he took it from a non-Mujtahid, he would be learning that rule from the person he had taken it from, and he would not be emulating him. However, if the Muslim was to take the rule in order to learn it, he would be learning the rule irrespective of whether he took it from a Mujtahid or a non Mujtahid. Therefore, these scholars - whether Mujtahids or otherwise - are not clergymen since none of them has any right to legitimise or prohibit anything and they are just like any other Muslim regarding every single Shari’ah rule. None of them should distinguish himself from the rest of the Muslims in anything with regards to the Shari’ah rules regardless of how high his rank is in terms of knowledge, Ijtihad and respect. Hence, what is Haram for others does not become allowed for the scholar and nor does the Wajib upon others become Mandub (recommended) for him. He is rather like any other individual Muslim. Therefore, the idea of clergymen held by Christians has no existence in Islam. The concept of clergymen is specific to Christians because a clergyman does legitimise and prohibit rules to them. Thus, attributing such a term to the Muslim scholar might give the impression of attributing the Christian concept to the Muslim scholars despite the fact that Muslim scholars do not allow and nor do they prohibit anything. Therefore, it is not fitting to attribute the term of clergyman to a Muslim scholar.

There are explicit narrations prohibiting the emulation of Christians and Jews. Abu Sa’id Al-Khudri narrated that the Messenger of Allah صلى الله عليه وآله وسلم said:

«لَتَتَّبِعُنَّ سَنَنَ الَّذِينَ مِنْ قَبْلِكُمْ شِبْرًا بِشِبْرٍ وَذِرَاعًا بِذِرَاعٍ، حَتَّى لَوْ دَخَلُوا فِي جُحْرِ ضَبٍّ لاَتَّبَعْتُمُوهُمْ، قُلْنَا: يَا رَسُولَ اللَّهِ، آلْيَهُودَ وَالنَّصَارَى؟ قَالَ: فَمَنْ»

You would tread the same path as was trodden by those before you inch by inch and step by step so much so that if they had entered into the hole of the lizard, you would follow them in this also. We said: Allah's Messenger, do you mean Jews and Christians (by your words)" those before you"? He said: Who else (than those two religious groups)?(Agreed upon with the words from Muslim)This narration has been said within the context of prohibition. Hence, the emulation of the Jews and the Christians is - as it stands - prohibited, let alone if this emulation were to lead to the generating of a Kufr concept among the Muslims. Considering the Muslim scholar as a clergyman is an emulation of the Christians who regard their scholars as clergymen and it also transfers the Christian concept of clergyman to the Muslim scholar; therefore, it is strictly prohibited in terms of emulation and it is classified as even more strictly prohibited in terms of introducing the concept. Therefore, it would be wrong to refer to the Muslim scholar as a clergyman and it is forbidden for the scholars to consider themselves as clergymen according to the Christians’ concept of clergyman. If someone was found claiming this according to the understanding mentioned, he will be prohibited and punished since he will have committed a prohibited act. In addition, the Prophet صلى الله عليه وآله وسلم did not differentiate from the companions in terms of a specific dress or appearance. Al-Bukhari reported in his Sahih from Anas Bin Malik who said:

«بَيْنَمَا نَحْنُ جُلُوسٌ مَعَ النَّبِيِّ صلى الله عليه وآله وسلم فِي الْمَسْجِدِ، دَخَلَ رَجُلٌ عَلَى جَمَلٍ فَأَنَاخَهُ فِي الْمَسْجِدِ ثُمَّ عَقَلَهُ، ثُمَّ قَالَ لَهُمْ: أَيُّكُمْ مُحَمَّدٌ؟ - وَالنَّبِيُّ صلى الله عليه وآله وسلم مُتَّكِئٌ بَيْنَ ظَهْرَانَيْهِمْ - فَقُلْنَا: هَذَا الرَّجُلُ الأَبْيَضُ الْمُتَّكِئُ. فَقَالَ لَهُ الرَّجُلُ: يَا ابْنَ عَبْدِ الْمُطَّلِبِ، فَقَالَ لَهُ النَّبِيُّ صلى الله عليه وآله وسلم قَدْ أَجَبْـتُكَ ...»

A man entered the mosque on camel and made it kneel down, and then tied his leg with rope. He then asked: Who among you is Muhammad? The Messenger of Allah صلى الله عليه وآله وسلم  was sitting leaning upon something among them. We said to him: This white (man) who is leaning. The man said: O son of ‘Abd Al-Muttalib. The Prophet صلى الله عليه وآله وسلم  said; I already responded to you.For these reasons, this article has been drafted.

 

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 56: Powers of provincial assembly

Article 56: Every province has an assembly elected from its people and championed by the governor. The assembly has the authority to participate in expressing opinions on administrative matters and not on ruling; and this would be for two objectives: Firstly - providing the necessary information about the situation of the governorate and its needs to the governor and to express their opinion… more
The Constitution of the Caliphate State,

Article 174: Empirical- and the cultural sciences

Article 174: A distinction should be drawn between the empirical sciences such as mathematics on the one hand and the cultural sciences on the other. The empirical sciences and all that is related to them are taught according to the need and are not restricted to any stage of education. As for the cultural sciences, they are taught at the primary and secondary levels according to a specific… more
The Constitution of the Caliphate State,

Article 190: Provisions of the treaties

Article 190:All military treaties and pacts (with other States) are completely prohibited, along with anything of their type, or connected to them such as political treaties and agreements covering the leasing of military bases and airfields. It is permitted to conclude good neighbour relations, economic, commercial, financial, cultural and armistice treaties. more
The Constitution of the Caliphate State,

Article 123: The management of the economy

Article 123: The management of the economy is to take in consideration the viewpoint about the targeted society when considering the fulfilment of the needs. So what the society ought to be should be made the basis for the fulfilment of the needs. more
The Constitution of the Caliphate State,

Article 37: Terms and conditions of the adoption of Shari’ah rules

Article 37: The Caliph (Khalifah)’s adoption is restricted by the Shari’ah rules; he is prohibited to adopt any rule which is not derived according to a legitimate deduction from the Shari’ah evidences, and he is restricted with what he adopted of the rules, and by what he bound himself to with respect to the method of derivation. So he is not permitted to adopt a rule which has been derived… more
The Constitution of the Caliphate State,

Article 165: Development and investment by foreign funds and franchises to foreigners.

Article 165: Development and investment by foreign funds within the State are forbidden. It is also prohibited to grant franchises to foreigners. more
The Constitution of the Caliphate State,

Article 133: Tithed land (‘Ushriyyah), taxed land (Kharajiyyah)

Article 133: Tithed land (‘Ushriyyah) constitutes land within the Arabian Peninsula and land whose owners had embraced Islam, whilst possessing the land, before the Islamic State conquered them by Jihad. Taxed land (Kharajiyyah) is all land, other than the Arabian Peninsula, which was opened by jihad, whether through war or peace treaties. The ‘Ushriyyah land, together with its benefits, is owned… more