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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 114: Men and women, the rights and duties

Article 114: The woman has been given the same rights as man, and whatever was oblied upon man is also obliged upon the woman, except that which was specified for her or him by the Shari’ah evidences. Accordingly, she has the right to partake in trade, agriculture and industry, and to undertake contracts and transactions, to possess all forms of property, to invest her wealth whether personally… more
The Constitution of the Caliphate State,

Article 173: Islamic sciences and Arabic in the weekly classes

Article 173: There must be weekly classes in Islamic sciences and Arabic, with the same time and amount allocated as the classes for the rest of the sciences. 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 91: The court of justices investigate any case of injustice

Article 91: The Court of Injustice Acts (Madhalim) has the authority to investigate any case of injustice (Madhlamah), irrespective of whether it is related to officials of the State, the Head of State’s deviation from the Shari’ah rules, interpretation of the legislative texts in the constitution, law (Qanun) and other Shari’ah rules within the framework adopted by the Head of State, or the… more
The Constitution of the Caliphate State,

Article 112: The primary role of women

Article 112: The primary role of women is that she is a mother and responsible over the household and she is an honour that must be protected. more
The Constitution of the Caliphate State,

Article 171:The education policy

Article 171:The education policy is to form the Islamic mentality and disposition. Therefore, all subjects in the curriculum must be chosen on this basis. 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