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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 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
The Constitution of the Caliphate State,

Article 146:Taxes

Article 146:Muslims pay the taxes that the Shari’ah has permitted to be levied upon them in order to cover the expenditure of the Bayt Al-Mal, on the condition that it is levied on that which is surplus to the individual’s needs according to what is normal, and has to be sufficient to cover the needs of the State. more
The Constitution of the Caliphate State,

Article 60: Examination of governors and their actions

Article 60: The Khalifah must examine the actions of the governors and continually assess their performance strictly. He must deputise people to monitor their situations, investigate them, and periodically gather all or some of them, and listen to the complaints of the subjects regarding them. 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 189: Considerations relationship with the States

Article 189: The relationship of the State with other states present in the world is built upon four considerations. These are: 1- The existing states in the Islamic world are considered to be part of one land and therefore they are not included within the sphere of foreign affairs. Relations with these countries are not considered to be in the realm of foreign policy and it is obligatory to work… more
The Constitution of the Caliphate State,

Article 61: The War Department

Article 61: The War Department is in charge of all the affairs connected to the armed forces of the Army and police, and the treaties, tasks, military equipment and similar. They are also responsible for the military colleges, expeditions and everything that is necessary from the Islamic culture and the general culture necessary for the Army, as well as everything connected to war and its… more
The Constitution of the Caliphate State,

Article 95: Judicial rulings before the Caliphate

Article 95: The contracts, transactions, and verdicts which were ratified and whose implementation was completed before the establishment of the Khilafah are not nullified by the judges of the Khilafah and nor do they review them, unless a case: Has a continued effect which contradicts Islam, so it is obligatory to review it. Or if it was connected with harm to Islam and the Muslims which was… more

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