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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Economic System

Article 141: Protection of public property for public interest

The Constitution of the Caliphate State, Article 141: The State is allowed to protect some of the dead land and any part of public property for any public interest.

The evidence is the report that the Prophet صلى الله عليه وآله وسلم said:

«لا حِمَى إِلاَّ للهِ وَلِرَسُولِهِ»

There is no Hima (for grazing the animals of Zakah) except for Allah and His Messenger.” reported by Al-Bukhari from Al-Sa’ab Bin Jathama, and the protection is to protect something that was for the general Muslims which then prevents the people from it, and to take it for themselves and so the Messenger صلى الله عليه وآله وسلم prohibited that, or in other words, he صلى الله عليه وآله وسلم forbade it. Therefore, it is not permitted for any person to do it including the Khalifah for himself, because he cannot permit what Allah (swt) forbade. From this understanding, it is prohibited for the State to give ownership to someone for anything that is part of public property, which would lead to the prevention of others benefiting from it. As for the State itself, in other words, the Khalifah, it is permitted for him to take something from the dead land and public property for the sake of the interests of the Muslims, and not his own, and the evidence for this is what was reported from Ibn Umar who said:

«حَمَى النَّبِيُّ صلى الله عليه وآله وسلم النَّقِيعَ لِخَيْلِ الْمُسْلِمِينَ»

The Prophet صلى الله عليه وآله وسلم protected (made it Hima) Al-Naqi’ for Muslims’ horses.” (reported by Ibn Hibban), and Al-Naqi’ is the place where the water settles and so there are a lot of plants due to the water; in other words, it is a fertile place for grazing. And it is reported from Abu ‘Ubayd from Amir b. ‘Abd Allah b. Al-Zubayr, I consider it to be from his father, who said:

«أَتَى أَعْرَابِيٌّ عُمَرَ فَقَالَ: يَا أَمِيرَ الْمُؤْمِنِينَ، بِلادُنَا قَاتَلْنَا عَلَيْهَا فِي الجَّاهِلِيَّةِ، وَأَسْلَمْنَا عَلَيْهَا فِي الإِسْلاَمِ، عَلامَ تَحْمِيهَا؟ قَالَ: فَأَطْرَقَ عُمَرُ، وَجَعَلَ يَنْفُخُ وَيَفْتُلُ شَارِبَهُ، وَكَانَ إِذَا كَرِبَهُ أَمْرٌ فَتَلَ شَارِبَهُ وَنَفَخَ، فَلَمَّا رَأَى الأَعْرَابِيُّ مَا بِهِ جَعَلَ يُرَدِّدُ ذَلِكَ عَلَيْهِ، فَقَالَ عُمَرُ: الْمَالُ مَالُ اللهِ، وَالْعِبَادُ عِبَادُ اللهِ، واللهِ لَوْلاَ مَا أَحْمِلُ عَلَيْهِ فِي سَبِيلِ اللهِ مَا حَمَيْتُ مِنَ الأَرْضِ شِبْراً فِي شِبْرٍ»

A Bedouin came to Omar and said: O Amir of the believers, we fought on our land in Jahiliyyah, and we became Muslims while it is still under our possession, – Why are you protecting it (make it Hima)? Umar bowed his head, blew and twisted his moustache – would do so when distressed – so when the Bedouin saw what he was doing, he repeated what he said again. Then Umar said: The property is Allah’s property, and the slaves are Allah’s; I swear by Allah- had I not been charged with that in the cause of Allah, would I not have protected (made Hima) a hand-span of land”. The narration is explicit in the permissibility of the State protecting; in other words, it is permitted for the State to do something specific with what falls under public property such as the grazing pastures in order to fulfil the interests of the Muslims, and the companions after the Messenger صلى الله عليه وآله وسلم used to do the same, and so it has become a normal practice for every Khalifah.

Some articles of the Constitution

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Article 173: Islamic sciences and Arabic in the weekly classes

Article 173: There must be weekly classes in Islamic sciences and Arabic, with the same time and amount allocated as the classes for the rest of the sciences. more
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Article 106: Election of Ummah- and Provincial Councils

Article 106: The members of the Provincial Councils are directly elected by the people in their provinces, and the number of members of any Provincial Councils is decided according to the ratio of the inhabitants in such province to the whole population of the State. The members of the Ummah Council are elected directly by the Provincial Councils. The start and end of the terms of the Ummah… more
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Article 189: Considerations relationship with the States

Article 189: The relationship of the State with other states present in the world is built upon four considerations. These are: 1- The existing states in the Islamic world are considered to be part of one land and therefore they are not included within the sphere of foreign affairs. Relations with these countries are not considered to be in the realm of foreign policy and it is obligatory to work… more
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Article 123: The management of the economy

Article 123: The management of the economy is to take in consideration the viewpoint about the targeted society when considering the fulfilment of the needs. So what the society ought to be should be made the basis for the fulfilment of the needs. more
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Article 181: Politics performed by State and Ummah

Article 181: Politics is taking care of the affairs of the Ummah domestically and internationally. It is performed by the State and the Ummah. The State takes on this task practically through government, and the Ummah accounts the State upon it. more
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Article 80: The court and the verdict

Article 80: The courts should be comprised of only one judge who has the authority to pronounce judgement. One or more judges are permitted to accompany him, however they do not have the authority of judgement but rather the authority of consulting and giving their opinion, and their opinion is not considered binding. more