nusr-khilafah-en

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

The Constitution of the Caliphate State,

Article 72: Issues threatened the internal security

Article 72: The most prominent issues that threaten the internal security that are under the responsibility of the Department of Internal Security to treat are: apostasy, rebellion and banditry, attacks on people’s wealth, attacking people and their honour and co-operating with the people of suspicion who spy for the belligerent disbelievers. more
The Constitution of the Caliphate State

Article 109: Shura (consultation) is a right for Muslims

Article 109: Shura (consultation) is a right for the Muslims alone and the non-Muslims do not have a right to it. It is permitted for all of the subjects to put forward opinions, whether Muslim or not. more
The Constitution of the Caliphate State,

Article 28: The position of Caliph

Article 28: No one can be Khalifa unless the Muslims appoint him, and no one possesses the mandatory powers of the leadership of the State unless the contract with him has been concluded according tothe Shari’ah, like any contract in Islam. 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 36: The powers of the Caliph

Article 36: The Caliph (Khalifah) possesses the following powers: He is the one who adopts the Shari’ah rules derived by a correct Ijtihadfrom the Book of Allah (swt) and the Sunnah of his Messengernecessary for managing the affairs of the Ummah so that they become laws (Qawanin) which are obligatory to obey, and it is not permitted to oppose them. He is responsible for governing the domestic and… more
The Constitution of the Caliphate State,

Article 60: Examination of governors and their actions

Article 60: The Khalifah must examine the actions of the governors and continually assess their performance strictly. He must deputise people to monitor their situations, investigate them, and periodically gather all or some of them, and listen to the complaints of the subjects regarding them. more
The Constitution of the Caliphate State,

Article 140: The right of utilise of public ownership

Article 140: Every individual from the Ummah has the right to utilise anything from public property, and it is not allowed for the State to permit someone to individually possess or utilise it. more