nusr-khilafah-en

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 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 158: Mechanisms enable citizens get their needs

Article 158: The State makes it easier for all the citizens to be able to satisfy their extra (non-essential) needs, and to achieve equality in society in the following way: By giving out liquid and fixed assets from the funds of the Bayt Al-Mal, and from the war booties, and anything similar. Donating some of its cultivated land to those who have insufficient land. Those who possess land but do… more
The Constitution of the Caliphate State,

Article 126: The wealth belongs to Allah (swt)

Article 126: The wealth belongs to Allah (swt) alone, and He (swt) has made human beings the trustees of it. Through this general trust they have been given the right to ownership of wealth. Allah (swt) has permitted for the individual to possess the wealth; so through this specific permission, he managed to possess it practically. more
The Constitution of the Caliphate State,

Article 100: administrative actions against directors

Article 100: The managers in all departments, administrations, and divisions are not dismissed except for reasons connected with the administrative systems, but it is permitted to transfer them between posts or to suspend them from working. Their appointment, transfer, suspension, discipline, and removal are all done by whoever is in charge of the highest post of their office, department, or… more
The Constitution of the Caliphate State,

Article 71: The police (Shurtah)

Article 71: The police (Shurtah) have two branches: the military police, who are under the command of the Amir of Jihad, in other words, the war department, and the police who are under the control of the Ruler to protect the security, and they are under the authority of the Department of Internal Security. The two branches have specific training and specific culture in order for them to carry… more
The Constitution of the Caliphate State,

Article 52: Administrative division of the country

Article 52: The lands which are ruled by the State are divided into units, where each unit is called a Wilayah (province). Each province is divided into units and each unit is called an ’Imalah (district). The one who governs the province is called the Wali (governor) or Amir and the one who governs the ’Imalah is called the ’Aamil (worker) or Hakim (ruler). more
The Constitution of the Caliphate State

Article 78: The conditions of judges

Article 78: Whoever undertakes the responsibility of judgement must be a Muslim, free, adult, sane, just, a Faqih (person who knows jurisprudence/Fiqh), and aware of how to apply the rules to the events. And the person who undertakes the judiciary of injustices (Madhalim)in addition to the conditions mentioned, must also be male and a Mujtahid (capable of deriving his own Fiqh/conducting Ijtihad). more

Regarding Declaration of ISIS the Establishment of the Caliphate (Khilafah)

To all the brothers and sisters who sent inquiries about the declaration of the organization's ISIS establishment of the Caliphate State... The matter of the Islamic Caliphate is great and its matter…

Method of Establishing the Caliphate and the Dominant Sultan

There are some comments that state: " the method of seeking the Nussrah (material support) to establish the Khilafah is not the only legitimate way, there is another method, which is "the method of…