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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Economic System

Article 151: Revenues of the Bayt Al-Mal

The Constitution of the Caliphate State, Article 151: Money taken at the borders of the State from custom duties, income derived from public or State property, inheritance for which there is no inheritor and the assets of the apostates are all considered to be part of the revenue of the Bayt Al-Mal.

 

The evidence for the article is what has been reported from Umar (ra) regarding the Muslims taking from the traders of those they were at war with according to what they took from the Muslim traders; it is reported by Ibn Abu Shayba in Al-Musannaf: “from Abu Mijliz – that Omar sent Uthman Bin Hanif who imposed upon the wealth of people of Dhimma that they differed over, a tax of one Dirham from every twenty and wrote to Omar who was content and gave him permission, and he said Omar: How much should we take from the people of war if they come to us? He said: How much do they take from you if you go to them? They said: A tenth. He said: So take the same from them”.

Abu ‘Ubayd reported in Al-Amwal from ‘Abd alRahman Bin Ma’qal who said: I asked Ziyaad Bin Hudair about whom they would take a tenth from. He said: “We didn’t use to take a tenth from a Muslim, nor from someone who had a covenant. I said: So who did you take the tenth from? He said: The disbelievers from the merchants of war, so we used to take from them as they used to take from us”. This is an evidence that custom duties which are taken from non-subjects of the State are considered to be from the sources of income of the Bayt Al-Mal.

This is with respect to the taxes, as for the wealth which is produced by public property, the Khalifah has been made the representative of the Muslims in managing their interests, and so whatever is from the public wealth which all of the individual citizens are able to enjoy, then they are left to them to use as they please, such as rivers and well water which could be used for irrigation. But if the usage of some prevents others, such as steel minerals, which leads to the one who is capable taking it while the one incapable gets nothing of it, then the Khalifah takes responsibility for managing this resource and extracting whatever is there in order to enable all the citizens to benefit from its sale. Accordingly, this wealth is placed in the Bayt Al-Mal and is considered to be from its sources of income because the Khalifah is the one who manages it. However, it is not spent according to the opinion and Ijtihad of the Khalifah in everything, since it is for the general citizens, and his opinion and Ijtihad is regarding the equality and inequality in expenditure, and not upon who it is paid for, since it is not from the State property.

And as for the wealth which has no inheritor for it, it is placed in the Bayt Al-Mal. If an inheritor is found then it is given to them, and if not then it is considered as the property of the Bayt Al-Mal because the Bayt Al-Mal is the inheritor of anyone who has no inheritor, since the Muslims used to give the inheritance of the one who had no inheritor to the Messenger  صلى الله عليه وآله وسلم , and he  صلى الله عليه وآله وسلم used to ask whether the person had any progeny or relatives? And (if he didn’t have any) then he  صلى الله عليه وآله وسلم would order it to be given to whomever he considered, which indicates that it is a source of income for the Bayt Al-Mal.

As for the wealth of the apostates, this is considered to be booty for the Muslims and is placed in the Bayt Al-Mal in the register of war spoils and Kharaj, and is spent upon what they are used for. His wealth is not inherited, since if one of the couple apostatised before consummating the marriage the contract is voided immediately and so there is no inheritance between them, and if the apostasy occurred after consummation then the marriage contract between them is voided, and if either of them die neither of them inherits from the other, since one of them is Muslim and the other a disbeliever. Similarly if the apostate was from those who inherit from a Muslim who died, the apostate does not inherit since he is a disbeliever and the one who left the inheritance is a Muslim, and a disbeliever does not inherit from a Muslim. Accordingly, his share of the remainder of the inheritance, if there were other inheritors, and if not then all of it is considered as booty for the Muslims, and it is placed in the Bayt Al-Mal. If the apostate died and he had inheritors from his sons, father, mother or siblings who were Muslim, they do not inherit from him, since a Muslim does not inherit from a disbeliever and it is all considered to be booty for the Muslims and is placed in the Bayt Al-Mal for the Muslims. From Usamah b. Zayd who said: the Messenger of Allah said:

«لا يَرِثُ الْمُسْلِمُ الْكَافِرَ، وَلا يَرِثُ الْكَافِرُ الْمُسْلِمَ»

A Muslim cannot be the heir of a disbeliever, nor can a disbeliever be the heir of a Muslim.(agreed upon). And ‘Abd Allah b. Umar said that the Messenger of Allah  صلى الله عليه وآله وسلم said:

«لا يَتَوَارَثُ أَهْلُ مِلَّتَيْنِ»

people of two different religions would not inherit from one another.” (reported by Ahmad and Abu Dawud). Similarly if all of his inheritors apostasise with him, all of their wealth has no sanctity and it becomes booty for the Muslims, and they do not inherit from each other.

Some articles of the Constitution

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 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
The Constitution of the Caliphate State,

Article 93: The right to appoint proxy in the disputes and defence

Article 93: Every person has the right to appoint whomsoever he wishes as a proxy (Wakeel) for oneself in the disputes and defence, irrespective of whether he is Muslim or not, male or female. There is no distinction in this matter between the commissioner and the proxy. The proxy is permitted to be appointed for a fee according to the terms agreed upon with the commissioner. more
The Constitution of the Caliphate State,

Article 59: Dismissal of governor

Article 59: The governor can be discharged if the Khalifah decides so or if the Shura council expresses dissatisfaction with him - whether justified or not - or if the provincial council expressed discontent with him. However, the governor can only be dismissed by the Khalifah. more
The Constitution of the Caliphate State,

Article 63: The Army

Article 63: The Army has two sections: the reserve section, which is all those Muslims who are capable of carrying arms, and the section of regular soldiers, who get salaries from the State budget in the same manner as the civil servants. more
The Constitution of the Caliphate State,

Article 129: The public property

Article 129: Public property is the permission of the Legislator (swt) for the community to collectively utilise the property itself. more
The Constitution of the Caliphate State,

Article 171:The education policy

Article 171:The education policy is to form the Islamic mentality and disposition. Therefore, all subjects in the curriculum must be chosen on this basis. more

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