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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Economic System

Article 157: The State works to circulate the wealth amongst the citizens

The Constitution of the Caliphate State, Article 157: The State works to circulate the wealth amongst the subjects, and prevents it from circulating solely amongst a particular sector of society.

 

The evidence is the verse from Surah Al-Hashr, the words of Allah (swt):

((كي لا يكون دولة بين الأغنياء منكم))

So that it will not be a perpetual distribution among the rich from among you.” (TMQ 59:7), and so this gave the reason (Illah) as to why the booty from Bani Al-Nadeer was given to the emigrants rather than to the supporters (Ansar) from Madinah, even though they were all Muslims, and no one from the Ansar apart from two poor men, Abu Dajanah and Sahl b. Hanif, were given anything. The reason given was in order that the wealth did not circulate amongst the rich alone, and this is a Shari’ah Illah which is present and absent according to the presence and absence of its cause. Accordingly, any time that a disparity is present, the Khalifah must work to achieve balance by putting this verse into practice, because from one angle it has an Illah present, and also because its words are general even though the reason for the verse was specific, and the Shari’ah principle is:

"العبرة بعموم اللفظ لا بخصوص السبب"

the consideration is given to the generality of the words and not to the specificity of the cause”, and so it is applicable at all times.

Some articles of the Constitution

The Constitution of the Caliphate State

Article 78: The conditions of judges

Article 78: Whoever undertakes the responsibility of judgement must be a Muslim, free, adult, sane, just, a Faqih (person who knows jurisprudence/Fiqh), and aware of how to apply the rules to the events. And the person who undertakes the judiciary of injustices (Madhalim)in addition to the conditions mentioned, must also be male and a Mujtahid (capable of deriving his own Fiqh/conducting Ijtihad). 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 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
The Constitution of the Caliphate State,

Article 57 : Term of office for the governor

Article 57: The governor’s term of office in a particular province is not to be long. He must be discharged whenever he becomes firmly established in his province or the people become enchanted with him. more
The Constitution of the Caliphate State,

Article 179: Provide the means of developing knowledge for all

Article 179: The State ought to provide the means of developing knowledge, such as libraries and laboratories, in addition to schools and universities, to enable those who want to continue their research in the various fields of knowledge, like jurisprudence, narrations and Tafsir, and thought, medicine, engineering and chemistry, and such as inventions and discoveries and so on. This is done to… more
The Constitution of the Caliphate State,

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
The Constitution of the Caliphate State,

Article 37: Terms and conditions of the adoption of Shari’ah rules

Article 37: The Caliph (Khalifah)’s adoption is restricted by the Shari’ah rules; he is prohibited to adopt any rule which is not derived according to a legitimate deduction from the Shari’ah evidences, and he is restricted with what he adopted of the rules, and by what he bound himself to with respect to the method of derivation. So he is not permitted to adopt a rule which has been derived… more

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