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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Economic System

Article 144: The Jizya

The Constitution of the Caliphate State, 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.

 

Its evidence is from the Quran and the Sunnah. As for the Book, Allah (swt) said:

(( حَتَّى يُعْطُوا الْجِزْيَةَ عَنْ يَدٍ وَهُمْ صَاغِرُونَ (29) ))

Until they give the Jizyah willingly while they are humbled. (TMQ 9:29). As for the Sunnah then:

«كَتَبَ رَسُولُ اللهِ صلى الله عليه وآله وسلم إِلَى مَجُوسِ هَجَرٍ يَدْعُوهُمْ إِلَى الإِسْلاَمِ، فَمَنْ أَسْلَمَ قُبِلَ مِنْهُ، وَإِلاَّ ضُرِبَتْ عَلَيْهِ الجِّزْيَةُ فِي أَنْ لاَ تُؤْكَلَ لَهُ ذَبِيحَةٌ وَلاَ تُنْكَحَ لَهُ امْرَأَةٌ»

The Messenger of Allah wrote to the fire-worshippers of Hajar, calling them to Islam, whoever becomes Muslim, it is accepted from him, otherwise the Jizya is imposed upon him and that his slaughtered meat is not eaten and is not married to a woman” (reported by Abu ‘Ubayd in Al-Amwal, Abu Yusuf in Al-Kharaj and others). It is only taken from the one capable due to His (swt) words: “Out of hand, in other words, from the one capable. It is taken from the men, not the women or children, due to the words of the Prophet صلى الله عليه وآله وسلم to Mu’adh:

«خُذْ مِنْ كُلِّ حَالِمٍ دِينَاراً»

Take one Dinar from everyone who has reached the age of puberty (Halim)” (reported and authenticated by Al-Hakim). And Al-Bayhaqi reported in his Sunan Al-Kubra from ‘Amru b. Shu’ayb from his father from his grandfather that the Messenger of Allah صلى الله عليه وآله وسلم:

«فَرَضَ الجِّزْيَةَ عَلَى كُلِّ مُحْتَلِمٍ مِنْ أَهْلِ اليَمَنِ دِينَاراً دِينَاراً»

imposed one-Dinar Jizya upon every male adult (Muhtalim) in Yemen.” and the use of the words halim and Muhtalim with the masculine form indicates that it is not taken from women nor those who have not reached puberty, and similarly Umar (ra) wrote to the leaders of the army:

«أن يضربوا الجزية، ولا يضربوها على النساء والصبيان، ولا يضربوها إلا على من جرت عليه الموسى»

Impose the Jizya, and do not impose it upon the women and children, and do not impose it except upon the one who uses the blade”, and it is not known that anyone rebuked him over that and so it is considered to be an Ijma’. In the same manner it is not taken from the insane as he is analogous with the child.

Some articles of the Constitution

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
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Article 182: Relations with foreign countries

Article 182: It is absolutely forbidden for any individual, party, group or association to have relations with a foreign state. Relations with foreign countries are restricted to the State alone because the State has the sole right of governing the affairs of the Ummah practically. The Ummah can account the State regarding foreign relations. more
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Article 188: Carrying the call to Islam

Article 188: The foreign policy revolves around carrying the call to Islam; and the relationship between the State and all of the other states is built upon this basis. more
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Article 107: Membership of Ummah- and Provincial Council

Article 107: Every citizen who is adult and sane, has the right to be a member of the Ummah Council or the Provincial Council, whether they are male, female, Muslim or non Muslim; the non-Muslim member is restriced to raising complaints regarding the oppression of the rulers or the misapplication of the laws of Islam. more
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Article 47: Conducting of delegated assistant

Article 47: If the assistant conducted an issue, and the Khalifah ordered him to do it, then he must implement it as the Khalifah ordered him to do so, without any addition or deletion. If the Khalifah returned to oppose the assistant rejecting what he has already executed, then the matter is examined; if it was a rule that he had implemented properly, or wealth that he placed in of its right… more
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Article 122: Custody of children

Article 122: Custody of the child is a right and duty upon the mother, irrespective of whether she is a Muslim or not as long as the child needs this care. If the child no longer needs the care, then the situation is examined. If both of the parents are Muslim then the child, whether boy or girl, chooses whomever they would like to live with, and they will join whomever they choose, irrespective… more
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Article 149: The permanent sources of income for Bayt Al-Mal

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. more