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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 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 75: The Judiciary

Article 75: The Judiciary is the pronouncement of the rule that becomes binding. It settles the disputes between the people and prevents that which harms the community’s rights, or it eliminates the disputes arising between people and members of the ruling system – both rulers and civil servants – from the Head of State downwards. more
The Constitution of the Caliphate State,

Article 91: The court of justices investigate any case of injustice

Article 91: The Court of Injustice Acts (Madhalim) has the authority to investigate any case of injustice (Madhlamah), irrespective of whether it is related to officials of the State, the Head of State’s deviation from the Shari’ah rules, interpretation of the legislative texts in the constitution, law (Qanun) and other Shari’ah rules within the framework adopted by the Head of State, or the… 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 116: The woman and ruling positions

Article 116: It is not permitted for a woman to take a ruling position; so she cannot be a Khalifah, nor an assistant, governor or ‘Amil, nor undertake any action considered to be ruling. In the same manner she cannot be the head judge and nor a judge in the Madhalim court, nor the Amir of Jihad. more
The Constitution of the Caliphate State,

Article 90: The Court of Madhalim removes any ruler or employee

Article 90: The Court of Injustice Acts (Madhalim) has the right to remove any ruler or civil servant in the State, in the same way that it has the right to remove the Khalifah, if the elimination of the Madhlamah required this removal. more
The Constitution of the Caliphate State,

Article 120: Marital life

Article 120: Marital life is one of tranquillity; and the couple should live together as companions. The guardianship (Qawwamah) of the husband over the wife is a guardianship of care and not ruling. It has been made obligatory for her to obey him, and obligatory upon him to financially support her according to the expected standard of living of one like her. more

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