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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 140: The right of utilise of public ownership

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. more
The Constitution of the Caliphate State,

Article 70 : The Department of Internal Security

Article 70 : The Department of Internal Security is responsible for everything related to security, and prevents anything that threatens the internal security. It protects the security of the land through the police, and does not resort to the Army except by the order of the Khalifah. The head of this department is called the (Manager of Internal Security). This department has branches in the… more
The Constitution of the Caliphate State,

Article 150: When it's allowed taxes are levied?

Article 150: If the permanent revenues of the Bayt Al-Mal are not sufficient to cover the expenditure of the State, then it is possible to impose taxes upon the Muslims. It becomes obligatory to impose taxes as follows: a. To fulfil the obligatory expenses upon the Bayt Al-Mal for the poor, needy, and wayfarers, and to undertake the obligation of Jihad. b. To fulfil the obligatory expenses upon… more
The Constitution of the Caliphate State,

Article 38: Powers and Conditions for care for parishioners

Article 38: The Caliph (Khalifah) has the complete right to govern the affairs of the subjects according to his opinion and Ijtihad. He can adopt anything of the permitted issues that he needs to run the affairs of the State and to manage the peoples’ affairs and he is not permitted to contradict any Shari’ah rule for the sake of benefit. For example, he cannot prohibit the single family from… 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 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 27: The pledge upon obedience and the pledge of contracting

Article 27: If the Khilafah is contracted to an individual by the pledge of those it is valid to be contracted with, the pledge of the remainder of the people is a pledge upon obedience and not a pledge of contracting; and so, any one who is seen to have the potential of rebellion is forced to give the pledge. more