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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Economic System

Article 139: The private property is protected

 The Constitution of the Caliphate State, Article 139: The State is not permitted to transfer private property into public property, since public property is confirmed by the nature and characteristic of wealth and not by the opinion of the State.

The evidence are the words from the agreed upon narration of the Messenger صلى الله عليه وآله وسلم through Abu Bakra:

«إِنَّ دِمَاءَكُمْ وَأَمْوَالَكُمْ وَأَعْرَاضَكُمْ عَلَيْكُمْ حَرَامٌ كَحُرْمَةِ يَوْمِكُمْ هَذَا فِي بَلَدِكُمْ هَذَا فِي شَهْرِكُمْ هَذَا...»

No doubt! Your blood, your properties, and your honor are sacred to one another like the sanctity of this day of yours, in this (sacred) town (Mecca) of yours, in this month of yours”, which is general and encompasses every person, and so it is forbidden to take the wealth of any individual, whether Muslim or not, except for a legislated reason. Therefore, it is forbidden for the State to take the wealth of any individual except for a Shari’ah reason. Accordingly, it is forbidden for the State to take the wealth of any individual into its possession on the grounds of benefit, or to make it public property for the benefit of the Ummah, since the narration forbade that and benefit does not make it permitted, as its permission would require a Shari’ah evidence. It cannot be said that the Imam can do that as part of governing the interests of the Ummah since he has the right to manage the affairs. This is because the management of the affairs is the undertaking of the interests of the people according to the Shari’ah rules, and not the undertaking of the peoples’ interests according to the opinion of the Khalifah, and so the Khalifah has no power at all to permit whatever Allah (swt) forbade, and if he did so the action would be considered an injustice which he would be taken to court for, and the wealth would be returned to its owner.

Based upon this, what is called nationalisation is not from the Shari’ah in any shape or form, since if a property had the nature and characteristic of public property then it would be obligatory upon the State to make it part of the public property, and it would have no choice in that, and so this would not be considered nationalisation but rather the nature and characteristic of the property meant that it was in reality part of the public property, and it would be forbidden for the State to allow it to be privately owned. As for if the property was owned by an individual and did not have the characteristic or nature of public property, then it would be forbidden for the State to nationalise it, and if it did so it would be taken to court and the property would be returned to its owner. This is since the Messenger of Allah صلى الله عليه وآله وسلم took the salted land back from Abyad Bin Hammal after he  صلى الله عليه وآله وسلم had granted it to him, once it became apparent that it was not depleted.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 151: Revenues of the Bayt Al-Mal

Article 151: Money taken at the borders of the State from custom duties, income derived from public or State property, inheritance for which there is no inheritor and the assets of the apostates are all considered to be part of the revenue of the Bayt Al-Mal. more
The Constitution of the Caliphate State,

Article 156: The state guarantees the expense for the needy

Article 156:The State has to guarantee the living expenses of the one who has no money, no work and no relatives responsible for his financial maintenance. The State is responsible for housing and maintaining the disabled and handicapped people. more
The Constitution of the Caliphate State,

Article 102: The treasury (Bayt Al-Mal)

Article 102: The treasury (Bayt Al-Mal) is the administration responsible for the revenues and expenditure in accordance with the Shari’ah rules in terms of their collection, storage and spending. The head of the office of the treasury is called the Treasurer of the Treasury (Khazin Bayt Al-Mal). The offices in the provinces fall under it and the head of each office is called the Trustee of the… more
The Constitution of the Caliphate State,

Article 66: Structure formations and camps of the army

Article 66: The Army is a unified entity which has specific bases. However, it is necessary that some of these bases are placed in different provinces and others in strategic locations. Some of the bases should be permanently mobile fighting forces. These bases are organised in numerous groups, with each group being given a number as a name, such as the first Army, the third Army, or they can be… more
The Constitution of the Caliphate State,

Article 68: Officers of the general Staff

Article 68: It is obligatory that each base should have sufficient numbers of officers of the Ggeneral Staff who possess expert military knowledge and experience in drawing up plans and running battles. The Army as a whole should possess as many of these officers as possible. more
The Constitution of the Caliphate State,

Article 64: Banners and flags of the army

Article 64: The Army is given banners and flags and the Head of State (the Khalifah) gives the banners to whomever he appoints to lead the Army, whereas the flags are provided by the brigadiers. more
The Constitution of the Caliphate State,

Article 164: Free healthcare for all

Article 164:The State provides free healthcare for all, but it does not prevent the use of private medical care or the sale of medicine. more

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