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Constitution of the Caliphate State for Android

Constitution of the Caliphate State/ Ummah Council

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.

The evidence for this is the actions of the Messenger صلى الله عليه وآله وسلم, since in the Battle of Uhud he صلى الله عليه وآله وسلم took the opinion of the majority, while in the Battle of Badr he صلى الله عليه وآله وسلم took the opinion of Al-Hubab Bin Al-Munthir and left his صلى الله عليه وآله وسلم own opinion, and did not refer to the opinion of the majority. In the Expedition of Hudaybiyah he صلى الله عليه وآله وسلم held onto his صلى الله عليه وآله وسلم own opinion alone and paid no attention to the opinions of Abu Bakr (ra) and Umar (ra). In fact, he صلى الله عليه وآله وسلم did not pay attention to the opinion of all the Muslims, and forced them to abide by his صلى الله عليه وآله وسلم opinion even though they hated it. So if these three actions are compared with the words of the Messenger صلى الله عليه وآله وسلم to Abu Bakr (ra) and Umar (ra),

«لَوِ اجْـتَمَعْـتُمَا فِي مَشُورَةٍ مَا خَالَفْـتُكُمَا»

“If the two of you agree in Mashura I will not differ with you” (reported by Ahmad),and with the words of Allah (swt)

((وَشَاوِرْهُمْ فِي الْأَمْرِ))

And consult them in the matter.(TMQ 3:159)and

((وَأَمْرُهُمْ شُورَى بَيْنَهُمْ))

And whose affair is [determined by] consultation among themselves.(TMQ 42:38), then the explanation of the meaning of the two verses and the narration is that whatever is like the example of the situation of Al-Hudaybiyah, which is where the Shari’ah rule is apparent, then it is of the power of the Khalifah to act upon it, and Shura in the issue is not binding. Whatever is similar to the situation of Badr, where the issue requires insight and thought, or where the proposing of an opinion was in a specialist issue, then the correct opinion is sought without any consideration for whether it was the opinion of the majority or of a single person. And whatever is similar to the situation of Uhud, which is the opinion regarding actions, then the opinion of the majority is followed; this is what falls under the category of “Mashurah” and the meaning of the words of the Prophet (saw) to Abu Bakr (ra) and Umar (ra)

«لَوِ اجْـتَمَعْـتُمَا فِي مَشُورَةٍ مَا خَالَفْـتُكُمَا»

“If the two of you agree on an issue I consult you on (Mashura) I will not differ with you” (reported by Ahmad).

Some articles of the Constitution

The Constitution of the Caliphate State

Article 20: Right and duty to accountable the rulers

Article 20: Accounting of the rulers by Muslims is one of their rights and an obligation of sufficiency upon them. The non-Muslim subjects have the right to voice complaint regarding the ruler’s injustice towards them or misapplication of the rules of Islam upon them. more
The Constitution of the Caliphate State

Article 3: Adoption of the constitution and laws

Article 3: The Khalifah adopts specific Shari’ah rules which he will enact as a constitution and laws. If he adopts a Shari’ah rule, this rule alone becomes the Shari’ah rule that must be acted upon and it becomes a binding law that every citizen must obey openly and privately. more
The Constitution of the Caliphate State,

Article 106: Election of Ummah- and Provincial Councils

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… more
The Constitution of the Caliphate State,

Article 128: The private property

Article 128: Private property is Shari’ah rule determined by the property itself or the benefit from it. This qualifies the one that owns a property to benefit of it or gets an exchange for it. more
The Constitution of the Caliphate State,

Article 73: The Department of Foreign Affairs

Article 73: The Department of Foreign Affairs is in charge of all the affairs connected to the relations of the Khilafah state with the foreign states, whether from the political angle, or economic, industrial, agricultural and trade aspects, or postal, cable and wireless connections and so on more
The Constitution of the Caliphate State,

Article 182: Relations with foreign countries

Article 182: It is absolutely forbidden for any individual, party, group or association to have relations with a foreign state. Relations with foreign countries are restricted to the State alone because the State has the sole right of governing the affairs of the Ummah practically. The Ummah can account the State regarding foreign relations. more
The Constitution of the Caliphate State,

Article 116: The woman and ruling positions

Article 116: It is not permitted for a woman to take a ruling position; so she cannot be a Khalifah, nor an assistant, governor or ‘Amil, nor undertake any action considered to be ruling. In the same manner she cannot be the head judge and nor a judge in the Madhalim court, nor the Amir of Jihad. more