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Constitution of the Caliphate State for Android

Constitution of the Caliphate State/ Ummah Council

Article 105: Ummah Council, Provincial Councils

The Constitution of the Caliphate StateArticle 105: The individuals who represent the Muslims’ views to the Khalifah are the Ummah Council, and the individuals who represent the people in the provinces are the Provincial Councils. It is permitted for non-Muslims to be members in the Shura council for the sake of raising any complaints against any oppression by the rulers or misapplication of the laws of Islam.

 

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Article 106: Election of Ummah- and Provincial Councils

The Constitution of the Caliphate State, Article 106: The members of the Provincial Councils are directly elected by the people in their provinces, and the number of members of any Provincial Councils is decided according to the ratio of the inhabitants in such province to the whole population of the State. The members of the Ummah Council are elected directly by the Provincial Councils. The start and end of the terms of the Ummah Council are the same as those of the Provincial Councils.

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Article 107: Membership of Ummah- and Provincial Council

The Constitution of the Caliphate State

Article 107: Every citizen who is adult and sane, has the right to be a member of the Ummah Council or the Provincial Council, whether they are male, female, Muslim or non Muslim; the non-Muslim member is restriced to raising complaints regarding the oppression of the rulers or the misapplication of the laws of Islam.

 

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Article 108: Shura (consultation) and Mashwarah (deliberation)

The Constitution of the Caliphate StateArticle 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.

 

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Article 109: Shura (consultation) is a right for Muslims

The Constitution of the Caliphate StateArticle 109: Shura (consultation) is a right for the Muslims alone and the non-Muslims do not have a right to it. It is permitted for all of the subjects to put forward opinions, whether Muslim or not.

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Article 110: Shura (consultation ) and the adoption of decisions

The Constitution of the Caliphate StateArticle 110: The issues which fall under consultation (Shura) are decided by the opinion of the majority without considering whether it is correct or incorrect. As for any other issues which fall under Shura, the correct opinion is sought without any consideration given to the majority or minority.

 

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Article 111: Powers of Ummah Council

The Constitution of the Caliphate StateArticle 111:The Ummah Council has five powers which are:

1. (a): The Khalifah has to consult the Council and the Council has the right to advise him in operational matters and actions related to carrying out the affairs of the domestic policy that do not require deep intellectual research and serious examination, like matters of ruling, education, health, economy, trade, industry, agriculture and the like, and the opinion of the Council in these areas is binding.

(b): In the intellectual matters that require deep research and serious examination, and issues which require experience and knowledge, and technical and scientific issues, and similarly the financal issues, the army, and foreign policy, the Khalifah has the right to consult the Council about them and to acquaint himself with its opinion; however the opinion of the Council is not binding in these matters.

2. The Khalifah has the right to notify the Council of the laws and rules which he wants to adopt. The Muslim members of the Council have the right to debate them and voice their opinions regarding those rules. However, if they disagree with the Khalifah regarding the validity of their deduction or their evidence, in terms of their disagreement with the method of adoption from the basis of legislation (Usul) adopted in the State, then the decision will be referred to the Court of Madhalim, and its verdict in this matter is binding.

3. The Council has the right to hold the Khalifah accountable for all matters that took place effectively within the State, whether these were related to domestic or foreign affairs, financial affairs, or military matters. The opinion of the Council is binding if the majority’s opinion in such matters is binding, and it is not binding if the majority’s opinion in such matters is not binding.

If the Council and the Khalifah differed about the legitimacy of an action that had been already executed the matter should be referred to the Court of Madhalim to settle the question. Its verdict on the matter is binding.

4. The Ummah Council has the right to express discontent of the assistants, governors or the ‘Amils. Its opinion in such a case would be binding and the Khalifah should dismiss them at once. If the opinion of the Ummah Council differed from the opinion of the council of the concerned province regarding contentment and discontent of the governors and ‘Amils, the opinion of the council of the province overrides.

5. Muslim members of the Council have the right to restrict the nomination of candidates for the Khilafah from amongst those who fulfilled the qualification conditions as decided bythe Madhalim Court. Their opinion in this is binding, and candidates other than those shortlisted by the Council should accordingly not be considered.

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Some articles of the Constitution

The Constitution of the Caliphate State,

Article 94: Permissibility of power of attorney in private and public matters

Article 94: It is permitted for the one who has been vested with a specific responsibility, like a custodian or guardian, or general responsibility such as the Khalifah, ruler, civil servant, Muhtasib, or judge of the Court of Injustice Acts (Madhalim), to appoint a person to his position as a proxy - within the bounds of his authority – in disputes and defence alone, and there is no difference… more
The Constitution of the Caliphate State,

Article 69: The State obligations towards the army

Article 69: It is obligatory to provide the Army with weapons, supplies and equipment, as well as all necessities and requirements, which enable it to carry out its mission as an Islamic Army. more
The Constitution of the Caliphate State,

Article 144: The Jizya

Article 144:Jizya is collected from non-Muslims (people of Dhimma). It is to be taken from the adult men if they are capable of paying it, and it is not taken from women or children. more
The Constitution of the Caliphate State,

Article 100: administrative actions against directors

Article 100: The managers in all departments, administrations, and divisions are not dismissed except for reasons connected with the administrative systems, but it is permitted to transfer them between posts or to suspend them from working. Their appointment, transfer, suspension, discipline, and removal are all done by whoever is in charge of the highest post of their office, department, or… more
The Constitution of the Caliphate State,

Article 31: Required for nomination and election of the Caliph

Article 31: There are seven conditions for the Caliph to be contracted, which are: to be male, Muslim, free, adult, sane, just, and from the people who have the capability. more
The Constitution of the Caliphate State,

Article 26: The right to elect the Caliph

Article 26: Every sane, adult Muslim, a male or a female, has the right to elect the leader of the State and to give him the pledge of allegiance; while the non-Muslims do not have such right. more
The Constitution of the Caliphate State

Article 111: Powers of Ummah Council

Article 111:The Ummah Council has five powers which are: 1. (a): The Khalifah has to consult the Council and the Council has the right to advise him in operational matters and actions related to carrying out the affairs of the domestic policy that do not require deep intellectual research and serious examination, like matters of ruling, education, health, economy, trade, industry, agriculture and… more