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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Economic System

Article 160: Supervision of Industrial Affairs

The Constitution of the Caliphate State, Article 160: The State supervises the whole affairs of industry. It directly undertakes those industries which are connected to whatever is part of the public property.

This article has two halves: firstly, supervision over the whole of industry; secondly, directly undertaking some of the industrial affairs. As for the first half its evidence is that the Messenger SL-16pt consented to private ownership of factories such as those for shoes, swords, clothes and other things:

«أَنَّ النَّبِيَّ SL-16pt اصْطَنَعَ خَاتَمًا»

The Prophet SL-16pt had a ring made for him” (reported by Al-Bukhari from ‘Abd Allah Bin Umar) and:

«أَنَّهُ SL-16pt اسْتَصْنَعَ المِنْبَرَ»

He SL-16pt had a pulpit made” (reported by Al-Bukhari from Sahl Bin Sa’d Al-Sa’idi). This indicates that factories are run by private individuals and not the State. Therefore, it is not different to agriculture. However, it is part of the managing of the affairs that Allah (swt) obligated upon the State with the words of the Prophet SL-16pt

«الإِمَامُ رَاعٍ وَهُوَ وَمَسْؤُولٌ عَنْ رَعِيَّتِهِ»

The Imam is a guardian and he is responsible for his subjects” (reported by Al-Bukhari from ‘Abd Allah Bin Umar), and so the State has to generally supervise the industrial issues by organising what is permitted according to the various styles which would assist the advancement of production, and by opening markets for it, and making sure raw materials are available, and so on.

As for the second half, the evidence for it is the Shari’ah principle: “The factory takes the rule of what it produces”; it is reported from Anas that:

«لَعَنَ اللَّهُ الْخَمْرَ وَشَارِبَهَا وَسَاقِيَهَا وَبَائِعَهَا وَمُبْتَاعَهَا وَعَاصِرَهَا وَمُعْتَصِرَهَا وَحَامِلَهَا وَالْمَحْمُولَةَ إِلَيْهِ»

Allah has cursed wine, its drinker, its server, its seller, its buyer, its presser, the one for whom it is pressed, the one who conveys it, and the one to whom it is conveyed.(reported by Abu Dawud from Ibn Umar and authenticated by Ibn Al-Sakn). And so the production of pressing the grapes for alcohol was prohibited by the Messenger SL-16pt because it produces alcohol, even though pressing is permitted; so the production took the rule of the material that it produced, and this is general. Based upon this, the factory takes the rule of the material it produces, and so the factories that produce anything considered part of public property are part of public property, since they take the rule of what they produce.

Public property belongs to all the Muslims, and it is not allowed for an individual or group of individuals to independently own it such that others are prevented from its ownership. From this understanding, the Khalifah is the one who manages these factories and prevents private ownership of them, since private ownership would prevent others from being able to gain ownership, and, therefore, the State has to directly manage the factories which are part of public property, such as those for oil extraction, steel and gold mining and so on. However, it is treated as a specific interest in terms of its income, expenditure and the rest of its affairs, and its profits are placed in the Bayt Al-Mal in a section specified for it, since it is not considered to be part of the State property, but rather part of public property.

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
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Article 134: Land ownership

Article 134:Dead land is possessed through its revival and fencing. Any other type of land is not possessed except through a Shari’ah means such as inheritance, purchase, and donation by the State. more
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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 149: The permanent sources of income for Bayt Al-Mal

Article 149: The permanent sources of income for the Bayt Al-Mal are the booty, Jizya, land tax, a fifth of buried treasure, and Zakah. This income is collected continuously irrespective of whether there was a need or not. more
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Article 187: The political cause is Islam

Article 187: The political cause of the Ummah is Islam, in the strength of the status of the State, the best implementation of its rules and continuity in carrying its call to mankind. more
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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
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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

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