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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Economic System

Article 154: Employees are equal, regardless of the employer

The Constitution of the Caliphate State, Article 154: Company employees and those employed by individuals have the same rights and duties as employees of the State. Everyone who works for a wage, irrespective of the nature of the work, is considered an employee. In matters of dispute between employers and employees over salary levels, the salary level is to be assessed on the basis of the market. If they disagree over something else, the employment contract is to be assessed according to the rules of the Shari’ah.

 

Its evidence is the evidence for hiring, since the employee is hired; Allah (swt) said:

((فَإِنْ أَرْضَعْنَ لَكُمْ فَآَتُوهُنَّ أُجُورَهُنَّ))

And if they breastfeed for you, then give them their paymen.” (TMQ 65:6), and the Prophet said in a Qudsi narration:

«قَالَ اللهُ: ثَلاثَةٌ أَنَا خَصْمُهُمْ يَوْمَ الْقِيَامَةِ»

Allah said: I am the opponent of three on the Day of Resurrection” until he said:

«وَرَجُلٌ اسْتَأْجَرَ أَجِيرًا فَاسْتَوْفَى مِنْهُ وَلَمْ يُعْطِ أَجْرَهُ»

and a man who hires a worker, makes use to him, then does not give him his wages.” (reported by Al-Bukhari from Abu Hurayrah).

If the salary was not known, the contract of employment is legitimately contracted and if there is a dispute over its value then its calculation is referred to the market value. So, if the salary is not mentioned in the employment contract, or if the employee and employer differed over the mentioned salary, then the market salary level is referred to, and that is analogous to the issue of marriage dowry. When the dowry is not explicitly mentioned, or there is a dispute over it, then the custom is the referee. This is based upon what was reported by Al-Nisa’i and Al-Tirmidhi who said it was Hasan Sahih:

«عَن ابْنِ مَسْـعُودٍ أَنَّهُ سُئِلَ عَنْ رَجُلٍ تَزَوَّجَ امْرَأَةً وَلَمْ يَفْرِضْ لَهَا صَدَاقًا وَلَمْ يَدْخُلْ بِهَا حَتَّى مَاتَ، فَقَالَ ابْنُ مَسْعُودٍ: لَهَا مِثـْلُ صَدَاقِ نِسَائِهَا لا وَكْسَ وَلا شَطَطَ، وَعَلَيْهَا العِدَّةُ وَلَهَا المِيرَاثُ، فَقَامَ مَعْقِلُ بْنُ سِنَانٍ الأَشْجَعِيُّ فَقَالَ: قَضَى رَسُولُ اللَّهِ ((حَمْلَهُنَّ فَإِنْ أَرْضَعْنَ لَكُمْ فَآَتُوهُنَّ أُجُورَهُنَّ)) فِي بِرْوَعَ بِنْتِ وَاشِقٍ امْرَأَةٍ مِنَّا مِثْلَ الَّذِي قَضَـيْتَ، فَفَرِحَ بِهَا ابْنُ مَسْـعُودٍ»

“Ibn Mas'ud was asked about a man who married a woman and he did not stipulate the dowry for her, and he did not enter into her until he died. So Ibn Mas'ud said: "She gets the same dowry as other women, no less and no more, she has to observe the Iddah, and she gets inheritance." So Ma'qil bin Sinan Al-Ashja'I stood and said: "The Messenger of Allah judged the same as you have judged regarding Birwa Bint Washiq, a woman of ours." So Ibn Mas'ud was happy about that”, and the meaning of his words: “she has the dowry of her women” is in other words, the dowry similar to women like her. So the Shari’ah made the dowry of someone similar obligatory for the one whose dowry was not mentioned, and the same occurs if there was a dispute over the dowry mentioned. As the dowry is a necessary exchange upon which the marriage contract is based, every type of necessary exchange upon which a contract is based is made analogous to it, without looking at what is given for this compensation, whether it was money as in a sale, or a benefit or effort as in employment or a gift as in the marriage contract. 

Some articles of the Constitution

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Article 110: Shura (consultation ) and the adoption of decisions

Article 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. more
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Article 103: The institution of the Media Office

Article 103: The institution of the Media Office is responsible for drawing up and executing the political media strategy for the State in order to support the interests of Islam and the Muslims. Internally, it works to build an Islamic society that is strong and cohesive, and it refutes that which is malicious while confirming that which is good. In external affairs it is to promote Islam during… more
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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
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Article 167: The currency of the State is gold and silver

Article 167: The currency of the State is to be restricted to gold and silver, whether minted or not. No other form of currency for the State is permitted. The State can issue something as a substitute for gold or silver provided that the Bayt Al-Mal has the equivalent amount of gold and silver to cover the issued coinage. Thus, the State may issue coinage in its name from brass, bronze or paper… more
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Article 157: The State works to circulate the wealth amongst the citizens

Article 157: The State works to circulate the wealth amongst the subjects, and prevents it from circulating solely amongst a particular sector of society. more
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Article 42: The Delegated assistant

Article 42: The Khalifah appoints a delegated assistant or more for himself, who carry the responsibilities of ruling. So he delegates to them the management of affairs, where they conduct them according to their opinion and Ijtihad. On the death of the Khalifah, the role of his assistants ends, and they do not continue in their work except for the period of the temporary leader. more
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Article 188: Carrying the call to Islam

Article 188: The foreign policy revolves around carrying the call to Islam; and the relationship between the State and all of the other states is built upon this basis. more