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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

The Constitution of the Caliphate State

Article 5: Islamic citizenship, rights and duties

Article 5: All citizens of the Islamic State enjoy the Shari’ah rights and duties. Article 6: The State is forbidden to discriminate at all between the individuals in terms of ruling, judiciary and management of affairs or their like. Rather, every individual should be treated equally regardless of race, Deen, colour or anything else. 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 191: Participation in organizations

Article 191: The State is forbidden to belong to any organisation which is based on anything other than Islam or which applies non-Islamic rules. This includes international organisations like the United Nations, the International Court of Justice, the International Monetary Fund and the World Bank, and regional organisations like the Arab League. more
The Constitution of the Caliphate State,

Article 40: Requires to remove the Caliph

Article 40: The issues which alter the state of the Caliph (Khalifah) and ,therefore, remove him from the Caliphate (Khilafah) are three: If one of the contracting conditionsof the leadership of the State becomes deficient, such as if he apostatises, or commits flagrant sin, or becomes mad, or anything similar. This is because these are from the conditions of contracting, and the conditions of… more
The Constitution of the Caliphate State

Article 10: No clergymen in Islam. Islam is responsibility of all Muslims

Article 10: All the Muslims should bear the responsibility of Islam. There are no clergymen in Islam and the State should prohibit any sign of their presence among the Muslims. more
The Constitution of the Caliphate State,

Article 124: The primary economic problem

Article 124: The primary economic problem is the distribution of wealth and benefits to all of the subjects of the State, and facilitating their utilisation of this wealth and benefits, by enabling them to strive for them and possess them. more
The Constitution of the Caliphate State,

Article 170: The basis for the education curriculum

Article 170:It is imperative that Islamic ‘Aqeedah is the basis for the education curriculum. The syllabi and the ways of teaching are all drafted in a manner that does not deviate from this basis. more

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