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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Economic System

Article 148: State budget

The Constitution of the Caliphate State, Article 148: The budget of the State has permanent chapters determined by Shari’ah rules. As for the sections of the budget, the amounts allocated for each section, and the issues of each sectioncovered by these amounts are left to the opinion of the Khalifah and his Ijtihad.

The word budget is a Western term, and its meaning is the explanation of the income that the State takes, and an explanation of its chapters, which are the aspects that are gathered in the budget, and an explanation of its sections, which are the branches of these aspects, and an explanation of the amounts which are incoming. Alongside that, there is a draft of the explanation of the expenditure that the State will spend, by explaining its chapters which are the aspects upon which the expenditure will be used, and an explanation of its sections, in other words, the branches of these aspects, and an explanation of the amounts that will be spent upon every one of the issues mentioned in each section. This is the reality of the budget. This reality was not known to the Muslims; rather they knew the Bayt Al-Mal, and the income was sent there and the expenditure was spent from it. However, the presence of income for the Bayt Al-Mal and the fact that the expenditure comes from it, embodies the reality of the budget even if it was not named with that term, and there is nothing to prevent the use of this term according to its terminological meaning, which is the collection of the chapters of income and expenditure, with sections for each of these. Built upon this, the State has a budget, and the Bayt Al-Mal is responsible for this budget.

As for the preparation of this budget in terms of its chapters, sections and amounts which are drafted, these have been decided by the Shari’ah laws. So the Shari’ah laws introduced and decided income such as land taxes and booty, and expenditures were introduced and decided how it should be spent, and it was confirmed what must be spent upon and what needs to be spent upon if the money is found to do so. The income and expenditure were introduced and decided by the Shari’ah rules, and therefore the chapters of the budget are permanently based upon that, since the Shari’ah decided them and the Shari’ah rule is permanent and does not change.

As for the sections, which are the branches which branch off from them such as the land tax upon the land with a natural water supply, and the land tax upon irrigated land, or anything similar, the Khalifah can draft them, since they are part of the management of the affairs which have been left to his opinion and Ijtihad. In the same manner, the amounts which are drafted are done so according to his opinion and Ijtihad, such as how much the Jizya and land tax would be, and anything similar, since it is part of what he is responsible for. Accordingly, the evidences for the Shari’ah rules are regarding the income and expenditure of the Bayt Al-Mal, and the control over whatever is in the Bayt Al-Mal that the Shari’ah did not specify is left to the opinion and Ijtihad of the Khalifah.

These three evidences: the evidences regarding the income, those regarding the expenditures, and the evidence that the Imam is responsible for governing the affairs, are the evidences for this article. As long as the Khalifah has the right to draft the sections of the incomes and amounts which are drafted in each section according to his opinion and Ijtihad, then there is nothing to prevent the drafting of an annual budget for the State including its sections and the amounts for each section, whether that is for the income or expenditure. What would be prohibited is drafting an annual budget for the sake of new chapters, and not its income and expenditure, since these chapters have been decided by the Shari’ah rules and so they are permanent.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 65: The Commander of army and military ranks

Article 65: The Khalifah is the Commander of the Army and he appoints the Chief of General Staff, a general for each brigade, and a commander for every division. The remaining ranks in the Army are appointed by the brigadiers and commanders. The appointment of a person in the General Staff is according to his level of military expertise and is carried out by the Chief of General Staff. more
The Constitution of the Caliphate State

Article 3: Adoption of the constitution and laws

Article 3: The Khalifah adopts specific Shari’ah rules which he will enact as a constitution and laws. If he adopts a Shari’ah rule, this rule alone becomes the Shari’ah rule that must be acted upon and it becomes a binding law that every citizen must obey openly and privately. more
The Constitution of the Caliphate State,

Article 87: The judge of Madhalim (Injustices)

Article 87: The judge of the Court of Injustices (Madhalim)is appointed to remove all injustices which have been inflicted upon any person who lives under the authority of the State, irrespective of whether the person is from the subjects of the State or not, and irrespective of whether the injustice was committed by the Khalifah or anyone below him from the rulers and civil servants. more
The Constitution of the Caliphate State,

Article 27: The pledge upon obedience and the pledge of contracting

Article 27: If the Khilafah is contracted to an individual by the pledge of those it is valid to be contracted with, the pledge of the remainder of the people is a pledge upon obedience and not a pledge of contracting; and so, any one who is seen to have the potential of rebellion is forced to give the pledge. more
The Constitution of the Caliphate State

Article 75: The Judiciary

Article 75: The Judiciary is the pronouncement of the rule that becomes binding. It settles the disputes between the people and prevents that which harms the community’s rights, or it eliminates the disputes arising between people and members of the ruling system – both rulers and civil servants – from the Head of State downwards. more
The Constitution of the Caliphate State,

Article 32: Vacancy of the position of Caliphate

Article 32: If the position of the Caliphate (Khilafah) becomes vacant due to the death of its leader, his resignation or his removal, it is obligatory to appoint a Caliph (Khalifah) within three days from the date that the position of the Caliphate (Khilafah) became vacant. more
The Constitution of the Caliphate State

Article 4: What may and what may not be adopted

Article 4: The Khalifah does not adopt any specific Shari’ah rule in matters related to rituals (‘Ibadaat) except in Zakat and Jihad, and whatever is necessary to protect the unity of the Muslims, and nor does he adopt any thought from among the thoughts related to the Islamic 'Aqeedah. more