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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Economic System

Article 138: Property of Factories

The Constitution of the Caliphate State, Article 138: Factories by their nature are private property. However, they follow the rule of the product that they are producing. If the product is private property then the factory is considered to be private property, such as textile factories. If the product is public property then the factory is considered public property, such as factories for iron ore production.

This article has two parts: Firstly, the origin is that factories are owned by individuals, and secondly, that the factory takes the rule of the product that it produces.

As for the first part, its evidence is that:

«أَنَّ النَّبِيَّ صلى الله عليه وآله وسلم اصْطَنَعَ خَاتَمًا»

the Messenger صلى الله عليه وآله وسلم had a ring made for him” reported by Al-Bukhari from ‘Abdullah b. Umar, and:

«أَنَّهُ صلى الله عليه وآله وسلم اسْتَصْنَعَ المِنْبَرَ»

had a pulpit made” as reported by Al-Bukhari from Sahl b. Sa’d Al-Sa’idi, and they were produced by individuals who personally owned the factory. Additionally, people used to have things made for them at the time of the Messenger صلى الله عليه وآله وسلم and he صلى الله عليه وآله وسلم remained quiet over it, to the point that some of them used to make weapons, like Khubab who used to make swords in Jahiliyyah (the era of ignorance before Islam) and continued after he embraced Islam, and his story is mentioned in the Sirah of Ibn Hisham with Al-‘As Bin Wa’il Al-Sahmi when he bought a sword from Khubab. When Khubab came to Al-‘As to confirm the price he joked with him saying: I’ll pay the price for it in Paradise. This indicates that he صلى الله عليه وآله وسلم affirmed individual ownership of factories, irrespective of whether they were weapon, mineral or carpentry factories or anything else. It is not reported that he  صلى الله عليه وآله وسلم prohibited the ownership of factories, and there is no text which states that factories are public property, in the same way that there is no text which states that factories belong to the State. Therefore, the evidence that factories can be private property remains general.

This is the evidence for the first part. As for the second, its evidence is the rule:

«إن المصنع يأخذ حكم ما ينتج»

The factory takes the rule of what it produces”, and this rule is deduced from the Prophetic narration; it is reported that the Messenger صلى الله عليه وآله وسلم said:

«لَعَنَ اللهُ شَارِبَ الخَمْرِ وَعَاصِرَهَا وَمُعْتَصِرَهَا»

Allah has cursed wine, its drinker, its server, its seller, its buyer, its presser” which is part of a narration in Abu Dawud from Ibn Umar that is authenticated by Ibn Al-Sakan, and the complete narration is:

«لَعَنَ اللَّهُ الْخَمْرَ وَشَارِبَهَا وَسَاقِيَهَا وَبَائِعَهَا وَمُبْتَاعَهَا وَعَاصِرَهَا وَمُعْتَصِرَهَا وَحَامِلَهَا وَالْمَحْمُولَةَ إِلَيْهِ»

Allah has cursed wine, its drinker, its server, its seller, its buyer, its presser, the one for whom it is pressed, the one who conveys it, and the one to whom it is conveyed.”, and so the prohibition of pressing wine is not a prohibition of pressing itself, but rather it is a prohibition of pressing wine specifically. Therefore, pressing is not forbidden (Haram), but rather it is the pressing to produce alcohol which is forbidden. So pressing is forbidden due to the forbiddance of alcohol, and so it took the rule of the thing that it was being pressed for, and so the prohibition applies to pressing, or in other words, the process of pressing, and so it applies to the instruments used for pressing. Therefore, the production takes the rule of the product that it is producing, and the factory takes the rule of the product that it manufactures, and this is the evidence that the factory takes the rule of what it produces, in other words, it is the evidence for this rule, since the forbiddance of the factory came from the forbiddance of the product that it produces. The narration is not evidence that factories are public property; rather it is only evidence for the factory taking the rule of the product that it produces. This is the evidence for the second part; in other words, the rule deduced from the narration is the evidence for this part.

Factories are, therefore, judged upon this basis; so if the product they produce is not from the materials which are counted as public property, then these products are owned individually, such as textile factories, because the Messenger صلى الله عليه وآله وسلم affirmed the production of swords, clothes and shoes which are all things that are individually owned. If the factories were producing materials which are counted as public property, such as factories to extract oil, and steel, then they are considered to be public and not private property. This is because when the Messenger صلى الله عليه وآله وسلم prohibited the production of alcohol, he gave the factory the rule of the material it produces, which is the evidence for this article.

Some articles of the Constitution

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Article 191: Participation in organizations

Article 191: The State is forbidden to belong to any organisation which is based on anything other than Islam or which applies non-Islamic rules. This includes international organisations like the United Nations, the International Court of Justice, the International Monetary Fund and the World Bank, and regional organisations like the Arab League. more
The Constitution of the Caliphate State,

Article 148: State budget

Article 148: The budget of the State has permanent chapters determined by Shari’ah rules. As for the sections of the budget, the amounts allocated for each section, and the issues of each sectioncovered by these amounts are left to the opinion of the Khalifah and his Ijtihad. more
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Article 141: Protection of public property for public interest

Article 141: The State is allowed to protect some of the dead land and any part of public property for any public interest. 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
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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 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 26: The right to elect the Caliph

Article 26: Every sane, adult Muslim, a male or a female, has the right to elect the leader of the State and to give him the pledge of allegiance; while the non-Muslims do not have such right. more

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