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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.

This is a Council formed by individuals representing the opinion of the Muslims at large, to which the Khalifah can refer to, in order to consult on various issues. They in turn are the representatives of the Ummah in holding the rulers accountable. This is deduced from the Messenger of Allah’s صلى الله عليه وآله وسلم consultation with some men from the Ansar and the emigrants who represented their people. It is also derived from the Messenger’s صلى الله عليه وآله وسلم assigning some of his companions for consultation (Shura). He used to refer to them more than others for seeking opinion, such as Abu Bakr (ra), Umar (ra), Hamza (ra), ‘Ali (ra), Salman Al-Farisi (ra), Hudhayfah (ra)….

It is also deduced from the fact that Abu Bakr (ra) designated some men from the Muhajir and the Ansar for seeking their opinion when something happened. The people of the consultation (Shura) at the time of Abu Bakr (ra) were the scholars and the people capable of giving legal edicts. Ibn Sa’ad reported from Al-Qasim:

«أن أبا بكر الصديق كان إذا نزل به أمر يريد مشاورة أهل الرأي وأهل الفقه فيه، دعا رجالاً من المهاجرين والأنصار، دعا عمر، وعثمان، وعلياً، وعبد الرحمن بن عوف، ومعاذ بن جبل، وأُبَيّ بن كعب، وزيد بن ثابت، وكل هؤلاء كان يُفْتي في خلافة أبي بكر، وإنما تصير فتوى الناس إلى هؤلاء، فمضى أبو بكر على ذلك، ثم وَلِيَ عمرُ فكان يدعو هؤلاء النَّفَرَ»

when something happened and Abu Bakr wanted to consult the people of opinion and the people of jurisprudence, he called from the emigrants and the Ansar. Umar, ‘Uthman, ‘Ali, ‘Abd Al-Rahman b. ‘Awf, Mu’adh b Jabal, ‘Ubay b. Ka‘b and Zayd Bin Thabit. They all used to give their opinion during the Khilafah of Abu Bakr. People would also take their legal edicts (fatwa) from them. When Umar became Khalifah, he also called these people. There are also evidences that call upon the Muslims to account the rulers. Muslims exercised such accounting as happened at the time of the Righteous Khulafaa’. As the Ummah is allowed to be represented in consultation (Shura), she is also allowed to be represented in accounting. All of this indicates that it is allowed to have a special council that represents the Ummah in accounting and in the consultation that is established by the text of the Quran and Sunnah. It is called the Ummah Council because it represents the Ummah in consultation and accounting.

It is permitted for non-Muslim citizens to be members of the Council, in order to file complaints against any injustice perpetrated against them by the rulers or against any misimplementation of Islam upon them or the lack of services to them or the like.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 92: Specifics of judiciary of Madhalim

Article 92: The judiciary of the Injustice Acts (Madhalim) is not restricted by a court session or the request of the defendant or the presence of the plaintiff. It has the authority to look into any case of injustice even if there is no plaintiff. 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
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 57 : Term of office for the governor

Article 57: The governor’s term of office in a particular province is not to be long. He must be discharged whenever he becomes firmly established in his province or the people become enchanted with him. more
The Constitution of the Caliphate State,

Article 153: The State shall guarantee to find a work for every citizen

Article 153: The State guarantees to create work for all of those who carry its citizenship. more
The Constitution of the Caliphate State

Article 13: Innocence, Punishment, Torture

Article 13: In origin, every individual is innocent. No one should be punished without a court verdict. It is absolutely forbidden to torture anyone;and anyone who does this will be punished. 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