nusr-khilafah-en

Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Economic System

Article 130: The state property

The Constitution of the Caliphate State, Article 130: State property is every wealth whose expenditure is determined by the opinion and Ijtihadof the Caliph (Khalifah), such as the wealth derived from taxes, land tax and Jizya.

Its evidence is that the Shari’ah evidences indicated that the definition of State property is the permission of the Legislator (swt) for the Caliph (Khalifah) to spend the wealth according to his opinion and Ijtihad. The Messenger صلى الله عليه وآله وسلم used to spend the wealth from the war booty according to his opinion and Ijtihad, and likewise the wealth from the Jizya and land taxes which were collected from the different lands. There is a Shari’ah text which shows that it was left to the Messenger صلى الله عليه وآله وسلم to spend it according to how he صلى الله عليه وآله وسلم saw fit, which is an evidence that the Imam can spend this wealth according to his opinion and Ijtihad, since the action of the Messenger صلى الله عليه وآله وسلم is a Shari’ah evidence and so it is a permission for the Imam to spend this wealth as he sees fit according to his opinion and Ijtihad. Therefore, that is the definition of State property.

For this reason, the expenditure of the Zakah has not been left to the Caliph (Khalifah)to decide according to his opinion and Ijtihad, rather the categories it can be spent upon have been specified and the State is the guardian over spending it in those areas, and so the Khalifah cannot increase the categories according to his opinion and Ijtihad.

Based upon this, if there is a Shari’ah text reported that permits the Imam to spend specific wealth according to his opinion and Ijtihad, then that wealth is considered to be the State’s wealth, and the text of the Legislator (swt) is a permission for the Imam to spend it according to his opinion and Ijtihad. Accordingly, the wealth of war booty, land taxes, Jizya and anything similar from taxes, and the returns from the State properties, is all State wealth. The definition which was deduced from the actions of the Messenger صلى الله عليه وآله وسلم , and the generality of the texts which came ordering the utilisation of this wealth, apply upon all of the aforementioned issues. This article was drafted upon this basis.

This is the definition for every category of property, and these are the evidences that each of these definitions was deduced from. By examining these definitions which were drafted regarding ownership, and the evidences which they were deduced from, it becomes clear that property falls under one of the following three categories: private property, public property and State property. As for the wealth from Zakah, this is not possessed by any specific person, rather it is possessed by specific sections, and so it is considered to be from the category of private property, since the Legislator (swt) permitted those sections to possess it through the conveyance of the one giving it, irrespective of whether that was the one giving the Zakah directly or the Imam, and for that reason it is not considered to be a fourth category of property. Accordingly, property is categorised according to these three categories, and the details of the Shari’ah evidence for article 127 have been made clear.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 84: The Muhtasib

Article 84: The Muhtasib is the judge who investigates all cases, in the absence of an individual litigation, involving the rights of the public that do not involve the Hudud (proscribed punishments) and criminal acts. more
The Constitution of the Caliphate State

Article 76: The supreme judge

Article 76: The Khalifah appoints a supreme judge to the judiciary from the male, adult, free, Muslim, sane, just people who know jurisprudence, and if he was given the power to appoint and remove the Madhalim judge, and had the power of judgement in the Madhalim, then he would have to be a Mujtahid. He would have the power to appoint judges, discipline them, and remove them as part of the… more
The Constitution of the Caliphate State,

Article 162: Scientific research laboratories

Article 162: All individual subjects of the State have the right to establish scientific research laboratories connected to life issues, and the State must also establish such laboratories. more
The Constitution of the Caliphate State

Article 111: Powers of Ummah Council

Article 111:The Ummah Council has five powers which are: 1. (a): The Khalifah has to consult the Council and the Council has the right to advise him in operational matters and actions related to carrying out the affairs of the domestic policy that do not require deep intellectual research and serious examination, like matters of ruling, education, health, economy, trade, industry, agriculture and… more
The Constitution of the Caliphate State,

Article 119: Prohibition of all that what threatens to undermine morality or society.

Article 119: It is prohibited for any man or woman to undertake any work which could undermine the morals, or causes corruption in the society. more
The Constitution of the Caliphate State,

Article 159: Agricultural affairs and policy

Article 159: The State supervises agricultural affairs and its produce in accordance with the needs of the agricultural policy which is to achieve the potential of the land to its greatest level of production. more
The Constitution of the Caliphate State,

Article 62: Jihad

Article 62: Jihad is obligatory upon the Muslims and military training is compulsory. Every male Muslim who has reached the age of 15 is obligated to undertake military training in order to prepare him for Jihad. Recruitment is an obligation of sufficiency. 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…