nusr-khilafah-en

Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Economic System

Article 149: The permanent sources of income for Bayt Al-Mal

The Constitution of the Caliphate State, Article 149: The permanent sources of income for the Bayt Al-Mal are the booty, Jizya, land tax, a fifth of buried treasure, and Zakah. This income is collected continuously irrespective of whether there was a need or not.

 

The evidences for this article are the evidences which include the income, so the evidence for booty is the words of Allah (swt):

((مَا أَفَاءَ اللَّهُ عَلَى رَسُولِهِ مِنْ أَهْلِ الْقُرَى فَلِلَّهِ وَلِلرَّسُولِ وَلِذِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ))

And what Allah restored to His Messenger from the people of the towns - it is for Allah and for the Messenger and for [his] near relatives and orphans and the [stranded] traveller.” (TMQ 59:7). The evidence for Jizyah is His (swt) words:

((حَتَّى يُعْطُوا الْجِزْيَةَ عَنْ يَدٍ وَهُمْ صَاغِرُونَ))

Until they give the Jizyah willingly while they are humbled.” (TMQ 9:29). The evidence for land tax is what was reported from Abu ‘Ubayd regarding the Kharajiyyah land when he said:

«وجدنا الآثار عن رسول الله SL-16pt والخلفاء بعده قد جاءت في افتتاح الأرضين بثلاثة أحكام: أرض أسلم عليها أهلها فهي ملك أيمانهم، وهي أرض عشر لا شيء عليهم فيها غيره. وأرض افتتحت صلحاً على خراجٍ معلوم فهم على ما صولحوا عليه لا يلزمهم أكثر منه. وأرض أخذت عنوة فهي التي اختلف فيها المسلمون، فقال بعضهم سبيلها سبيل الغنيمة فتخمس وتقسم، فيكون أربعة أخماسها خططاً بين الذين افتتحوها خاصة، ويكون الخمس الباقي من سمى الله تبارك وتعالى. وقال بعضهم بل حكمها والنظر فيها إلى الإمام إن رأى أن يجعلها غنيمة فيخمسها ويقسمها كما فعل رسول الله SL-16pt بخيبر فذلك له، وإن رأى أن يجعلها فيئاً فلا يخمسها ولا يقسمها ولكن تكون موقوفة على المسلمين عامة ما بقوا كما صنع عمر بالسواد فعل ذلك، فهذه أحكام الأرض التي تفتح فتحاً»

We found reports from the Messenger of Allah SL-16pt and the following Khulafaa', regarding land conquering, in three rules: the land of those who had embraced Islam, so it belongs to them, and this is the land of ‘Ushr ( tenth) and there is nothing (imposed) upon them other than that. And land which was opened through a peace treaty based upon an agreed land tax, and nothing more is imposed upon them. And the land which was taken by force, which is the subject that the Muslims differed over; some of them said it should be treated like booty, so a fifth is taken off it (by the State) and it is divided, and so four fifths is divided between those who had conquered the land, and the remaining fifth is for Allah (swt). And some said, no, rather its rule is left to the Imam; if he thinks it should be left as booty, a fifth is taken and the rest is divided in the same manner that the Messenger of Allah did, then he can do that, and if he thinks that it should be kept as a spoil of war, it is left undivided but rather it is left for the generality of the Muslims as Omar did with Al-Sawaad. These are the rules regarding land which has been conquered”. The story of Muslims’ discussion with Omar (ra) regarding the land of Sawaad (land of Iraq) is also reported by Abu Yusuf in Al-Kharaj.

As for the fifth of treasures its evidence is the words of the Messenger SL-16pt:

«وَفِي الرِّكَازِ الْخُمُسُ»

One fifth is compulsory to be paid (as Zakah) on buried Treasure. And as for Zakah, its evidences are many, Allah (swt) said:

((وَآَتَوُا الزَّكَاةَ))

And give Zakah(TMQ 2:43), and the Prophet  SL-16pt said to Mu’adh:

«فَأَعْلِمْهُمْ أَنَّ اللهَ افْتَرَضَ عَلَيْهِمْ صَدَقَةً فِي أَمْوَالِهِمْ، تُؤْخَذُ مِنْ أَغْنِيَائِهِمْ وَتُرَدُّ عَلَى فُقَرَائِهِمْ»

tell them that Allah has made the payment of Zakah obligatory upon them. It should be collected from their rich and distributed among their poor.

All of these evidences convey the meaning of obligation, and so paying this wealth is an obligation, which is why it is taken perpetually regardless of the need, since Allah (swt) made it obligatory, and the obligation must be carried out.

Some articles of the Constitution

The Constitution of the Caliphate State

Article 21: The political parties

Article 21:The Muslims have the right to establish political parties in order to account the rulers or to reach the rule through the Ummah on the condition that their basis is the Islamic 'Aqeedah and that the rules they adopt are Shari’ah rules. The formation of a party does not require any permission. Any group formed on an un-Islamic basis is prohibited. more
The Constitution of the Caliphate State,

Article 94: Permissibility of power of attorney in private and public matters

Article 94: It is permitted for the one who has been vested with a specific responsibility, like a custodian or guardian, or general responsibility such as the Khalifah, ruler, civil servant, Muhtasib, or judge of the Court of Injustice Acts (Madhalim), to appoint a person to his position as a proxy - within the bounds of his authority – in disputes and defence alone, and there is no difference… more
The Constitution of the Caliphate State,

Article 98: Employment in the administrative system

Article 98: Anyone who carries citizenship, and is competent, whether male or female, Muslim or non-Muslim, can be appointed as a manager for an administration, a department, or a division, and to be a civil servant in it. more
The Constitution of the Caliphate State,

Article 136: Land use is compulsory

Article 136: Everyone that owns land is compelled to use it, and those that require financial help are given money from the Bayt Al-Mal to enable them to utilise their land. If anyone neglects utilising the land for three years continuously, it is taken from them and given to someone else. more
The Constitution of the Caliphate State,

Article 176: Relation of Arts and crafts to science or culture

Article 176: Arts and crafts may be related to science, such as commerce, navigation and agriculture. In such cases, they are studied without restriction or conditions. Sometimes, however, arts and crafts are connected to culture and influenced by a particular viewpoint of life, such as painting and sculpting. If this viewpoint of life contradicts the Islamic viewpoint of life, these arts and… more
The Constitution of the Caliphate State,

Article 144: The Jizya

Article 144:Jizya is collected from non-Muslims (people of Dhimma). It is to be taken from the adult men if they are capable of paying it, and it is not taken from women or children. more
The Constitution of the Caliphate State,

Article 69: The State obligations towards the army

Article 69: It is obligatory to provide the Army with weapons, supplies and equipment, as well as all necessities and requirements, which enable it to carry out its mission as an Islamic Army. more