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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 141: Protection of public property for public interest

Article 141: The State is allowed to protect some of the dead land and any part of public property for any public interest. more
The Constitution of the Caliphate State,

Article 140: The right of utilise of public ownership

Article 140: Every individual from the Ummah has the right to utilise anything from public property, and it is not allowed for the State to permit someone to individually possess or utilise it. more
The Constitution of the Caliphate State,

Article 121: The spouses: duties and rights

Article 121: The married couple must fully assist each other in the housework, and the husband must carry out all the work which is usually undertaken outside the house, while the wife carries out all the work which is usually undertaken inside the house, according to her capability. He must provide her with a servant as required to assist with the tasks that she is unable to carry out alone. more
The Constitution of the Caliphate State,

Article 139: The private property is protected

Article 139: The State is not permitted to transfer private property into public property, since public property is confirmed by the nature and characteristic of wealth and not by the opinion of the State. more
The Constitution of the Caliphate State,

Article 85: Authority of the Muhtasib

Article 85: The Muhtasib has the authority to judge upon violations as soon as he learns of them, irrespective of the location and without the need to hold a court session. A number of policemen are put at his disposal to carry out his orders and to execute his verdicts immediately. more
The Constitution of the Caliphate State,

Article 50: Conditions for excecutive assistants

Article 50: The excecutive assistant should be a Muslim man, since he is from the close associates of the Khalifah. more
The Constitution of the Caliphate State,

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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