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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Economic System

Article 147: Conditions of taxation

The Constitution of the Caliphate State, Article 147: The State has the right to impose taxes in order to undertake anything that the Shari’ah obligated upon the Ummah if the funds in the Bayt Al-Mal were insufficient since the obligation for funding it would be transferred onto the Ummah. The State has no right to impose a tax for the sake of whatever is not obligatory upon the Ummah to undertake, and so it is not permitted to collect fees for the courts or departments or to fulfil any service.

 

The evidence for this is the same evidence that was mentioned for the first issue of the last article (Article 146), in that the Shari’ah defined the general income, and that the Messenger صلى الله عليه وآله وسلم did not impose taxes and forbade the taking of custom duties, because it is a tax, and so it is a prohibition that encompasses every tax. It also mentioned that if there was no wealth in the Bayt Al-Mal to spend upon whatever the Shari’ah obligated upon the Bayt Al-Mal and the Ummah, the obligation transfers onto the Ummah, and whatever the Shari’ah obligated upon the Bayt Al-Mal alone then its obligation does not transfer on to the Ummah even if there was nothing left in the Bayt Al-Mal for it, rather it is delayed until the money for it is found and no taxes are imposed upon the Ummah. In the same way, no taxes are directly imposed upon the Ummah for the sake of anything that was not obligatory upon it, and similarly indirect taxes are also not imposed; so no fees are collected for the courts, or the departments, or import stamps, or permit fees, or anything similar. As for postal stamps, they are not considered to be indirect taxes, but rather they are the price for transporting letters, which is permitted. Therefore, no indirect tax for the sake of anything which the Shari’ah did not obligate upon the Muslims should be collected, since they are just like the direct taxes without any difference between them, and it is not permitted to impose them upon the Ummah.

Some articles of the Constitution

The Constitution of the Caliphate State

Article 16: The system of ruling unitary, not a federal

Article 16: The system of ruling is a unitary system and not a federal system. more
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Article 67: The educational intellectual and cultural preparing of the Army

Article 67: It is obligatory to provide the Army with the highest level of military education and raise its intellectual level as far as possible. Every individual in the Army should be given Islamicculture that enables him to have an awareness of Islam, to at least a general level. more
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Article 29: Required from a country for a contracting pledge

Article 29: It is stipulated that the authority of the region or the country that gives the Caliph a contracting pledge is autonomous dependent upon the Muslims alone, and not upon any disbelieving state; besides the security of the Muslims in that country, both internally and externally, is by the security of Islam not the security of the disbelief. With respect to the pledge of obedience taken… more
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Article 174: Empirical- and the cultural sciences

Article 174: A distinction should be drawn between the empirical sciences such as mathematics on the one hand and the cultural sciences on the other. The empirical sciences and all that is related to them are taught according to the need and are not restricted to any stage of education. As for the cultural sciences, they are taught at the primary and secondary levels according to a specific… more
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Article 153: The State shall guarantee to find a work for every citizen

Article 153: The State guarantees to create work for all of those who carry its citizenship. more
The Constitution of the Caliphate State

Article 13: Innocence, Punishment, Torture

Article 13: In origin, every individual is innocent. No one should be punished without a court verdict. It is absolutely forbidden to torture anyone;and anyone who does this will be punished. more
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Article 54: Powers of governor

Article 54: The governor has the mandatory powers of ruling and responsibility over the tasks of the departments in his governorship as a delegate of the Khalifah, so he has all the powers in his province that the assistant has in the State. He has leadership over the people of his province and control over everything that is connected with it apart from the finances, judiciary and Army. However,… more

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