Constitution of the Caliphate State for Android

Constitution of the Caliphate State/ Ummah Council

Article 107: Membership of Ummah- and Provincial Council

The Constitution of the Caliphate StateArticle 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.

Any Muslim who holds the citizenship of the State, provided he is mature and sane, has the right to be a member of the Ummah Council, irrespective of whether they were male or female. This is because the Council of the Ummah has no mandate to rule and it does not come under the narration that prevents the woman from becoming a ruler. It is rather within the issue of consultation (Shura) and accounting, which is a right for both men and women. In the thirteenth year of the Messenger of Allah’s صلى الله عليه وآله وسلم Prophethood, in other words, in the year he emigrated, there came to him صلى الله عليه وآله وسلم seventy-five Muslims, among whom were two women, and they all gave him the Second Bay’a of Al-‘Aqaba, which was a Bay’a of war and fighting and a political Bay’a. Once they had all given their Bay’a, he said to all of them:

«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.” This is part of a long narration reported by Ahmad through Ka’b Bin Malik and it is an order from him صلى الله عليه وآله وسلم addressed to everyone, to elect from all who were present. He صلى الله عليه وآله وسلم did not specify the men nor exclude the women, neither in regard to who would select nor to who should be selected. The mutlaq (unrestricted) rule should be taken as such, unless there is evidence that restricts it; and the ‘Aam (general) rule should also be taken as such, unless there is evidence that specifies it. In this case the speech was unrestricted and general. No evidence of specification or restriction has been reported, which indicates that the Messenger of Allah صلى الله عليه وآله وسلم ordered the two women to elect the Naqibs, and gave them the right to be chosen as Naqibsfrom among the Muslims.

The Messenger of Allah صلى الله عليه وآله وسلم sat once to take the Bay’a from the people, with Abu Bakr (ra) and Umar (ra) sitting with him, and both men and women gave him the Bay’a. This Bay’a was one for ruling, and not on Islam, for the women were already Muslims. After the Bay’a of the Redhwan in Hudaybiyah the women gave him their Bay’a too. Allah (swt) says:

((يَا أَيُّهَا النَّبِيُّ إِذَا جَاءَكَ الْمُؤْمِنَاتُ يُبَايِعْنَكَ عَلَى أَنْ لَا يُشْرِكْنَ بِاللَّهِ شَيْئًا وَلَا يَسْرِقْنَ وَلَا يَزْنِينَ وَلَا يَقْتُلْنَ أَوْلَادَهُنَّ وَلَا يَأْتِينَ بِبُهْتَانٍ يَفْتَرِينَهُ بَيْنَ أَيْدِيهِنَّ وَأَرْجُلِهِنَّ وَلَا يَعْصِينَكَ فِي مَعْرُوفٍ فَبَايِعْهُنَّ وَاسْتَغْفِرْ لَهُنَّ اللَّهَ إِنَّ اللَّهَ غَفُورٌ رَحِيمٌ (12)))

O Prophet, when the believing women come to you pledging to you that they will not associate anything with Allah, nor will they steal, nor will they commit unlawful sexual intercourse, nor will they kill their children, nor will they bring forth a slander they have invented between their arms and legs, nor will they disobey you in what is right - then accept their pledge and ask forgiveness for them of Allah. Indeed, Allah is Forgiving and Merciful.(TMQ 60:12)

This Bay’a was also a Bay’a on ruling, as the Quran states that the women were believers, and the Bay’a was that they would not disobey him in any good thing.

In addition to that, the woman has the right to represent and be represented in voicing an opinion. This is because she has the right to voice her opinion, so she can choose her representative; and moreover since deputyship does not necessitate being a man, she has the right to represent those who elect her.

It was also confirmed that our master Umar (ra) used to seek the opinion of the Muslims when a problem faced him, whether it related to the rules of the Shari’ah or governing or any of the actions of the State. When a problem faced him he used to call the Muslims to the mosque, and he used to call the men and women, and seek the opinion of all of them. He withdrew his opinion when a woman opposed him regarding limitation of the dowry.

Non-Muslims have the right, like the Muslims, to be represented in the Council of the Ummah, and to be representatives of their electorate in it, so as to express the opinion on their behalf regarding the misapplication of the rules of Islam upon them and the oppression of the ruler that might fall upon them. This is because Allah said

((فاسألوا أهل الذكر إن كنتم لا تعلمون))

So ask the people of the message if you do not know.(TMQ 16:43).

However, non-Muslims would not be allowed to voice their opinion in matters related to legislation, because the Islamic legislation emanates from the Islamic belief ('Aqeedah). It is a host of practical divine rules deduced from their elaborate evidences, which treat human problems according to a specific viewpoint outlined by the Islamic belief. The non-Muslim embraces a doctrine that is alien and contradictory to the Islamic 'Aqeedah and his viewpoint about life contradicts the Islamic viewpoint and ,therefore, his opinion is not sought in matters of legislation.

The non-Muslim also does not have the right to elect the Khalifah, nor to participate in the short listing of the candidates from whom the Khalifah is to be elected, for he has no right in ruling. As for other matters that form part of the Ummah Council’s mandatory powers, he is just like the Muslim in these matters and in voicing an opinion regarding them.

Some articles of the Constitution

The Constitution of the Caliphate State

Article 17: The ruling and the administration

Article 17: The ruling is centralised and the administration is decentralised. more
The Constitution of the Caliphate State

Article 23:The state apparatus

Article 23: The state apparatus is established upon thirteen institutions: The Khalifah (Leader of the State) The Assistants (delegated ministers) Executive minister The Governors The Amir of Jihad The Internal Security The Foreign Affairs Industry The Judiciary The People’s Affairs (administrative apparatus) The Treasury (Bayt Al-Mal) Media The Ummah’s Council (Shura and accounting) more
The Constitution of the Caliphate State,

Article 35: The right to appoint the Caliph and to remove him

Article 35: The Ummah is the one who appoints the Caliph (Khalifah). However, it does not possess the right to remove him once the pledge of allegiance has been concluded according to the Shari’ah method. more
The Constitution of the Caliphate State

Article 9: Ijtihad (Diligence) is a duty and right

Article 9: Ijtihad is a duty of sufficiency and every Muslim reserves the right to perform Ijtihad provided he meets all its prerequisites. more
The Constitution of the Caliphate State,

Article 39: The duration and terms of the mandate of the caliph

Article 39: The Caliph (Khalifah) does not have a fixed term of office; as long as the Caliph (Khalifah) preserves the Shari’ah and he implements its rules, and is capable of carrying out the affairs of the State, he remains as a Caliph (Khalifah) as long as his situation does not change to one that would remove him from the leadership of the State. If his state changes in this manner, then it is… more
The Constitution of the Caliphate State

Article 11: Da’wa (call to Islam) the fundamental task of the State

Article 11: Conveying the Islamic Da’wa (call to Islam) is the fundamental task of the State. more
The Constitution of the Caliphate State,

Article 7: How to implement the Shari'ah

Article 7: The State implements the Islamic Shari’ah upon all those who hold the Islamic citizenship, with no difference between Muslims and non-Muslims as follows: All the rules of Islam will be implemented upon the Muslims without any exception. The non-Muslims will be allowed to follow their beliefs and worships within the scope of the general system. The rule of apostasy will be implemented… more