nusr-khilafah-en

Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Economic System

Article 158: Mechanisms enable citizens get their needs

The Constitution of the Caliphate State,

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:

  1. By giving out liquid and fixed assets from the funds of the Bayt Al-Mal, and from the war booties, and anything similar.
  2. Donating some of its cultivated land to those who have insufficient land. Those who possess land but do not use it are not given more. Those who are unable to cultivate their land are given financial assistance to enable them to cultivate it.
  3. Giving help to those unable to repay their debts by providing funds from the Zakah, and the war booty, and anything similar.

The evidence for clause: “a” is that Allah (swt) gave the wealth of the Bani Al-Nadir to the Prophet صلى الله عليه وآله وسلم in order for him to give it to whom he wished, and the Messenger صلى الله عليه وآله وسلم gave it specifically to the emigrants rather than the Ansar, and did not give any of the Ansar anything apart from two men from amongst them. The wealth of Bani Al-Nadir was part of the booty, and similar to the booty is the rest of the wealth which is derived from fixed sources such as the land tax, because its expenditure has been placed under the responsibility of the Imam to spend according to his opinion and Ijtihad, except for if the text came explaining where it should be spent such as the expenditures of Zakah, in which case it would not be allowed to spend it except upon whatever the text mentioned. This is only with respect to the fixed sources of income, but as for the wealth collected from the taxes upon the Muslims, it cannot be given out because the text was regarding the booty and analogy upon it is made with anything similar, which are the fixed sources of income for the Bayt Al-Mal.

As for clause: “b” its evidence is the action of the Messenger صلى الله عليه وآله وسلم when dividing the land; it is reported fromAmrf Bin Hareeth who said:

«خَطَّ لِي رَسُولُ اللهِ صلى الله عليه وآله وسلم دَارًا بِالْمَدِينَةِ بِقَوْسٍ وَقَالَ: أَزِيدُكَ أَزِيدُكَ»

The Messenger of Allah صلى الله عليه وآله وسلمdemarcated a house with a bow at Medina for me. He said: I shall give you more. I shall give you more.(reported by Abu Dawud and he considered it Hasan), and in a narration reported by Ahmad and authenticated by Al-Zayd and also reported by Al-Bayhaqi, with both of them through ‘Alqamah b. Wa’il from his father:

«أَنَّ رَسُولَ اللهِ صلى الله عليه وآله وسلم أَقْطَعَهُ أَرْضًا، قَالَ: فَأَرْسَلَ مَعِي مُعَاوِيَةَ أَنْ أَعْطِهَا إِيَّاهُ، أَوْ قَالَ أَعْلِمْهَا إِيَّاهُ». وقد «سَأَلَ تَمِيمُ الدَّارِيُّ رَسُولَ اللهِ صلى الله عليه وآله وسلم أَنْ يُقْطِعْهُ عَيْنُونَ، البَلَدِ الَّذِي كَانَ مِنْهُ بِالشَّامِ قَبْلَ فَتْحِهِ، وَهُوَ مَدِينَةُ الْخَلِيلِ، فَأَقْطَعَهُ إِيَّاهَا صلى الله عليه وآله وسلم »

That the Prophet صلى الله عليه وآله وسلم assigned him some land in Hadramout as fief, He said: he sent Mu’awiyah in order to give it to him”. And: “Tamim Al-Dari asked the Messenger of Allah صلى الله عليه وآله وسلم  to assign him parts of the land that used to belong to him in Al-Sham before it was conquered, which was the city of Al-Khalil, and so the Messenger صلى الله عليه وآله وسلم granted it to him” (reported by Abu ‘Ubayd in Al-Amwal and Abu Yusuf in Al-Kharaj). Another evidence is what Umar Bin Al-Khattab (ra) did in giving the farmers of Iraq some money from the Bayt Al-Mal in order for them to cultivate their land, and the companions remained silent over it, and so it is considered an Ijma’.

As for clause: “c”, its evidence is what Allah (swt) mentioned regarding the Zakah wealth with His (swt) words:

t(( والْغَارِمِينَ ))

And for those in debt(TMQ 9:60), and the words of the Messenger صلى الله عليه وآله وسلم:

«أَنَا أَوْلَى بِكُلِّ مُؤْمِنٍ مِنْ نَفْسِهِ، فَمَنْ تَرَكَ دَيْناً فَعَلَيَّ، وَمَنْ تَرَكَ مَالاً فَلِوَرَثَتِهِ»

I am nearer to every believer than himself, If he leaves a debt,it is upon me. However, if he leaves an estate, it belongs to his heirs.(reported by Muslim from Jabir), and the Shari’ah ordained that the wealth from the booty can be spent by the Imam according to his opinion and Ijtihad, which could include repaying the debts.

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 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 33: The temporary Ameer

Article 33: A temporary leader is appointed to take charge of the affairs of the Muslims, and to prepare for the election of the new Caliph (Khalifah) after the vacation of the position of the Caliphate (Khilafah) according to the following process: When the previous Caliph (Khalifah) feels that his life is coming to an end, or is committed to resigning, he has the right to appoint the temporary… more
The Constitution of the Caliphate State,

Article 58: Moving governor from province to another

Article 58: The governor is not moved from one province to another, since his appointment was for a general control in a specific area. Therefore, he has to be discharged first and then reappointed. more
The Constitution of the Caliphate State

Article 12: The sources of legislation

Article 12: The Book, the Sunnah, the Ijmaa’ of the Sahabah and the Qiyas (analogy) are the only evidences considered in Shari’ah laws, and it is not permitted to adopt any legislation from other than these evidences. more
The Constitution of the Caliphate State,

Article 32: Vacancy of the position of Caliphate

Article 32: If the position of the Caliphate (Khilafah) becomes vacant due to the death of its leader, his resignation or his removal, it is obligatory to appoint a Caliph (Khalifah) within three days from the date that the position of the Caliphate (Khilafah) became vacant. more
The Constitution of the Caliphate State,

Article 144: The Jizya

Article 144:Jizya is collected from non-Muslims (people of Dhimma). It is to be taken from the adult men if they are capable of paying it, and it is not taken from women or children. more

Method of Establishing the Caliphate and the Dominant Sultan

There are some comments that state: " the method of seeking the Nussrah (material support) to establish the Khilafah is not the only legitimate way, there is another method, which is "the method of…

Regarding Declaration of ISIS the Establishment of the Caliphate (Khilafah)

To all the brothers and sisters who sent inquiries about the declaration of the organization's ISIS establishment of the Caliphate State... The matter of the Islamic Caliphate is great and its matter…