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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Economic System

Article 140: The right of utilise of public ownership

The Constitution of the Caliphate State, 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.

 Ummah in this article is the citizens in Dar Al-Islam, or in other words, all those who carry the citizenship of the State, irrespective of whether they were Muslim or Dhimmi (non-Muslims), and the State is compelled to take care of them all the time, which includes providing the basic needs for them. This is in accordance with the Shari’ah rules they are subject to. Amongst them is that every individual from the subjects has the right to utilise anything from the public property, and the Dhimmiand Muslim have the same rights to utilise the public facilities.

It cannot be said that the narration:

«الْمُسْلِمُونَ شُرَكَاءُ فِي ثَلاَثٍ»

Muslims have common share in three” means that the public property is for the Muslims alone, rather this narration and similarly the narration:

«النَّاسُ شُرَكَاءُ...»

People have common share (partners)” are specified by the narration of Muslim through Buraydah which mentions:

«ثُمَّ ادْعُهُمْ إِلَى التَّحَوُّلِ مِنْ دَارِهِمْ إِلَى دَارِ الْمُهَاجِرِينَ وَأَخْبِرْهُمْ أَنَّهُمْ إِنْ فَعَلُوا ذَلِكَ فَلَهُمْ مَا لِلْمُهَاجِرِينَ وَعَلَيْهِمْ مَا عَلَى الْمُهَاجِرِينَ»

Then summon them to leave their territory and transfer to the abode of the Emigrants ( Al-Muhajireen) and tell them that if they do so, they will have the same rights and responsibilities as the Emigrants (Al-Muhajireen).and the Dar Al-Muhajireen is the Dar Al-Islam, and so this text limits the rights of citizenship to those who migrate to the Dar Al-Islam, or in other words, they carry the citizenship of Dar Al-Islam.Therefore, this does not encompass all the Muslims in the world but rather only those in Dar Al-Islam, and in the same way, non-Muslims who live in Dar Al-Islam and carry citizenship are not exempted, because the narration of Buraydah makes enjoyment of the right of citizenship conditional to migration to Dar Al-Islam. Accordingly, the Muslim in Dar Al-Islam, and the Dhimmiwho lives in Dar Al-Islam and carries its citizenship fall under the application of this article.

This is for the citizens in Dar Al-Islam; they can utilise from the public property, and none of them should be prevented from doing so irrespective of whether they were Muslims or Dhimmis.

The issue of the Muslim subjects utilising the public property is clear.

As for the Dhimmi, there are several texts and incidents from the time of the Messenger SL-16pt and the righteous Khulafaa’ which all indicate this.

-                     They used to walk in the markets, buying and selling, and the markets are public property. Ahmad reported from Ka’b Bin Malik:

«... فَبَيْنَا أَنَا أَطُوفُ السُّوقَ إِذَا رَجُلٌ نَصْرَانِيٌّ جَاءَ بِطَعَامٍ يَبِيعُهُ يَقُولُ: مَنْ يَدُلُّ عَلَى كَعْبِ بْنِ مَالِكٍ؟...»

-                     While I was roaming through the market, a Christian came with some food to sell, saying: who will direct me to Ka’b Bin Malik?” and this indicates that the Muslims and Dhimmis used to visit the markets for their needs in the same manner.

-          They used to utilise the water, fire and pastures. Ibn Maja reported from Abu Hurayrah that the Prophet SL-16pt said:

«ثَلاثٌ لا يُمْنَعْنَ: الْمَاءُ وَالْكَلأُ وَالنَّارُ»

-                     Three can not be denied (to anyone): water, fire and pastures”.The companions agreed that the Christians of Al-Sham could drink from the rivers with the Muslims, and similarly the same applied to those who remained Magians in Iraq and Bahrain, and similarly the Coptics in Egypt used to drink and irrigate from the Nile. They would all cut wood from the forests, irrigate their crops from the public rivers and shepherd their flocks in the public pastures. Today they would utilise petrol and its derivatives and electricity, since they are both from the: “fire” mentioned in the narration.

-          They have the right to revive dead land, due to what is reported by Ahmad and Al-Tirmidhi with an authentic chain from Jabir who said that the Messenger of Allah SL-16pt said:

«مَنْ أَحْيَا أَرْضًا مَيِّتَةً فَهِيَ لَهُ»

-          whoever revives a dead land, it belongs to him” and what was reported by Al-Bukhari from Aisha(ra) that the Prophet SL-16pt said:

«مَنْ أَعْمَرَ أَرْضًا لَيْسَتْ لأَحَدٍ فَهُوَ أَحَقُّ»

-          He who cultivates land that does not belong to anybody is more rightful (to own it).. And what is reported by Abu Dawud At-Tayalisi from Aisha(ra) who said that the Messenger of Allah SL-16pt said:

«العِبَادُ عِبَادُ اللهِ، وَالْبِلادُ بِلادُ اللهِ، فَمَنْ أَحْيَا مِنْ مَوَاتِ الأَرْضِ شَيْئاً فَهُوَ لَهُ، وَلَيْسَ لِعِرْقٍ ظَالِمٍ حَقٌّ»

The slave is the slave of Allah, and the land is the land of Allah, and whoever revives any part of dead land, it belongs to him, and the oppressor has no right of possession”.

All of these evidences are general and encompass all citizens, irrespective of whether they were Muslims or not.

-          Also, all of citizens whether Muslim or Dhimmican use the methods of transportation from land, sea and air. As for the land, the Dhimmis used to use it at the time of the Messenger of Allah SL-16pt. Al-Tirmidhi reported from Aisha(ra) who said:

« كَانَ عَلَى رَسُولِ اللَّهِ SL-16pt ثَوْبَانِ قِطْرِيَّانِ غَلِيظَانِ، فَكَانَ إِذَا قَعَدَ فَعَرِقَ ثَقُلاَ عَلَيْهِ، فَقَدِمَ بَزٌّ مِنْ الشَّامِ لِفُلاَنٍ الْيَهُودِيِّ، فَقُلْتُ: لَوْ بَعَثْتَ إِلَيْهِ فَاشْتَرَيْتَ مِنْهُ ثَوْبَيْنِ إِلَى الْمَيْسَرَةِ... »

-                     The Messenger of Allah (saw) was wearing two thick Qitri garments on. When he would sit, he would sweat since they were so heavy for him. Some clothes arrived from Ash-Sham for so-and-so, the Jew. I said: 'Perhaps you could dispatch a request to him to buy some garments (on credit) from him until it is easy (to pay). As for the sea, they used to use it in the same manner as the Muslims at the time of the companions, and today that is analogous to the use of the airways.

-                     They can also use the general paths and the public communications as they are analogous to the public transportation.

This is the evidence for the first part of the article that all of the individual subjects have the right to utilise the public property.

As for the second part , which is that it is not allowed for the State to permit someone to individually possess or utilise it – its evidence is the narration of Abyad Bin Hammal when the Prophet SL-16pt granted him some land which was salt laden, and when he SL-16pt was informed that what he SL-16pt had given him was similar to non-depleted water he SL-16pt took it back from him. Al-Tirmidhi reported from Abyad Bin Hammal that: “He came to the ProphetSL-16ptand asked him to assign him asaltladen land as a fief, and he granted it to him. And when he left, one person with the Prophet said: “Do you know what you have granted him? You granted him the non-depleted water”. He SL-16pt then took it away from him”. The other evidence is that which Al-Tirmidhi reported from Aisha(ra) and he said it is Hasan Sahih, and Ibn Khuzaymah reported in his Sahih, that the Messenger SL-16pt said:

«مِنًى مُنَاخُ مَنْ سَبَقَ»

Mina is a resting place for whoever arrives there first”, and also the narration of Al-Sa’ab b. Jathamah with Al-Bukhari:

«لا حِمَى إِلاَّ للهِ وَلِرَسُولِهِ»

There is no Hima (for grazing the animals of Zakah) except for Allah and His Messenger”.

It is clear that most of the capitalist monopolies and rich companies and individuals who have imaginary wealth, have managed to do so because of the special privileges they get to exploit the different types of public property, such as gas, petrol and the other mineral resources, and the communications, transport, water and other things.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 132: Spending and investment of property restricted by the Shari’ah

Article 132: The disposal of property is restricted by the permission of the Legislator (swt), for both of spending and investment. Squandering, extravagance and miserliness are all forbidden. Capitalist companies, co-operatives and any other type of transactions which contradict the Shari’ah are forbidden. Interest, fraud, monopolies, gambling and anything similar are all forbidden. more
The Constitution of the Caliphate State,

Article 155: Estimation of wages

Article 155:The salary is to be determined according to the benefit of the work, or the benefit of the employee, and not according to the knowledge and/or qualifications of the employee. There have to be no annual increments for employees. Instead, they have to be given the full value of the salary they deserve for the work they do. more
The Constitution of the Caliphate State,

Article 146:Taxes

Article 146:Muslims pay the taxes that the Shari’ah has permitted to be levied upon them in order to cover the expenditure of the Bayt Al-Mal, on the condition that it is levied on that which is surplus to the individual’s needs according to what is normal, and has to be sufficient to cover the needs of the State. more
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 103: The institution of the Media Office

Article 103: The institution of the Media Office is responsible for drawing up and executing the political media strategy for the State in order to support the interests of Islam and the Muslims. Internally, it works to build an Islamic society that is strong and cohesive, and it refutes that which is malicious while confirming that which is good. In external affairs it is to promote Islam during… more
The Constitution of the Caliphate State,

Article 172: Goal of education, and teaching methods

Article 172: The goal of education is to produce the Islamic personality and to increase peoples’ knowledge connected with life’s affairs. Teaching methods are established to achieve this goal; any method that leads to other than this goal is prevented. more
The Constitution of the Caliphate State,

Article 7: How to implement the Shari'ah

Article 7: The State implements the Islamic Shari’ah upon all those who hold the Islamic citizenship, with no difference between Muslims and non-Muslims as follows: All the rules of Islam will be implemented upon the Muslims without any exception. The non-Muslims will be allowed to follow their beliefs and worships within the scope of the general system. The rule of apostasy will be implemented… more