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Constitution of the Caliphate State for Android

Constitution of the Caliphate State/ Ummah Council

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.

The members of the Ummah Council are elected and not appointed. They are representatives of the people to voice the opinions of the public and the representative should be chosen by the person whom he represents and should never be imposed upon him. Furthermore, the members of the Ummah Council are representatives of the people’s opinions, whether they are individuals or groups; so to know the representative of people in a large area, and those peoples who are not well known, does not come about unless this representative is chosen by them. Also, the Messenger of Allah صلى الله عليه وآله وسلم did not choose those whom he consulted based on their ability, competence and personalities; rather he chose them because they were chiefs among their people, regardless of their ability and competence; in the second Bay’a of Al-‘Aqabah, the Muslims who gave him the Bay’a were not known to him and this is why he left the matter of choosing the chiefs to them, by saying:

«أَخْرِجُوا إليَّ مِنْكُمُ اثْـنَيْ عَشَرَ نَقِيباً يَكُونونَ على قَوْمِهِمْ»

“Choose from among you twelve leaders (Naqibs) who will be responsible for themselves and their people” (as reported in the Sirah of Ibn Hisham from Ka’b b. Malik).

We can thus conclude from the fact that the members of the Ummah Council represent the opinion of the Muslims at large, and since the reason (‘Illah) for which the Council is founded is to represent the individuals and groups in voicing their opinions and in holding the rulers accountable, and since this cannot be achieved if the persons were not known (to the Khalifah) unless there was a general election, all of this proves that the members of the Ummah Council should be elected and not appointed.

The method of election is as follows:

1. In accordance with Article 56, a Provincial Council is elected for two goals: The first is to provide necessary information to the governor (Wali) about the situation and needs of the province (Wilayah). The purpose of that is helping the governor in conducting his task in a way that provides a comfortable and secure life for the people of the province and facilitates the fulfillment of their needs and the provision of their services. The second is to express contentment or complaint about the governance of the governor over them. This is because the complaint of the majority of the council of the province against the governor obliges his removal. This means the reality of the Provincial Council is administrative for helping the governor by informing him of the reality of the province and for expressing the contentment or complaint about him. All of this motivates him to improve his work. This council has other mandatory powers such as those of the Ummah Council, as explained below.

2. In accordance with Article 105 and the previous explanation, an Ummah Council is set up (for consultation and accounting), which must be elected by the Ummah and representative of her. It has mandatory powers which will be explained in the next article.

3. This means there will be election for selecting the members of the Provincial Council and another election for the members of the Ummah Council.

4. To facilitate the election process and save the citizens from repeated elections, we adopt the election of the Provincial Councils first, then those who won in the Provincial Councils would gather and elect from among themselves the Ummah Council. This means the Provincial Council would be directly elected by the Ummah, while the Ummah Council would be elected by the Provincial Councils. Hence, the beginning and end of the term of the Ummah council is the same as that of the Provincial Councils.

5. One that is elected from the Provincial Councils to the Ummah Council is replaced by the one with the highest votes among those who failed in the elections of the Provincial Councils. A lot is cast between those who got the same number of votes.

6. The people of the Dhimmah elect their representatives in the Provincial Councils and these representatives elect their representatives in the Ummah Council. All of this takes place at the same time of the election of the Provincial Councils and the Ummah Council in the State.

Consequently, a law has been prepared that takes into consideration the matters mentioned, and explains the measures used for the election of the Provincial Councils and the Ummah Council.

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Article 117: The provisions of the private and public life

Article 117: The woman lives in public and private spheres; in the public sphere she is permitted to live with women, Maharim men, and foreign men (men whom she can marry) on the condition that nothing other than her face and hands can be revealed, and that the clothing is not revealing, besides there is not any open display of adornments. As for the private sphere, she is not permitted to live… more
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Article 180: No publishing and printing rights

Article 180: The exploitation of writing books for educational purposes at whatever level is strictly forbidden. Once a book has been printed and published, nobody has the right to reserve the publishing and printing rights, including the author. However, if they were ideas he had, which were not yet printed or published, the owner has the right to be paid for transferring these ideas to the… more
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Article 99: Management and responsibilities of interests and departments

Article 99 :A general manager has to be appointed for each office; and every department and administration has a manager who is responsible for its management, and is directly responsible for it; and they are accountable in terms of their work to whoever is in charge of the highest post of their offices, departments or administrations; and they are accountable in terms of their adherence to the… more
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Article 74: The Department of Industry

Article 74: The Department of Industry is in charge of all the affairs connected to industry, whether heavy industry such as the manufacturing of engines, machines, vehicles, materials and electrical equipment, or light industry. Similarly, whether the factories are of the public property type or they are included in the private property and have a relationship to the military industry. All types… more
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Article 172: Goal of education, and teaching methods

Article 172: The goal of education is to produce the Islamic personality and to increase peoples’ knowledge connected with life’s affairs. Teaching methods are established to achieve this goal; any method that leads to other than this goal is prevented. more
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Article 145: Land tax

Article 145: Land tax is payable upon the Kharajiyyah land according to its capacity. Zakah is collected from the ‘Ushriyyah land according to the actual production. more
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Article 122: Custody of children

Article 122: Custody of the child is a right and duty upon the mother, irrespective of whether she is a Muslim or not as long as the child needs this care. If the child no longer needs the care, then the situation is examined. If both of the parents are Muslim then the child, whether boy or girl, chooses whomever they would like to live with, and they will join whomever they choose, irrespective… more

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