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 6: Islamic citizenship, rights and duties

Article 5: All citizens of the Islamic State enjoy the Shari’ah rights and duties. Article 6: The State is forbidden to discriminate at all between the individuals in terms of ruling, judiciary and management of affairs or their like. Rather, every individual should be treated equally regardless of race, Deen, colour or anything else. 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 129: The public property

Article 129: Public property is the permission of the Legislator (swt) for the community to collectively utilise the property itself. more
The Constitution of the Caliphate State

Article 1: The Islamic belief ('Aqeedah) constitutes the foundation of the state

Article 1: The Islamic belief ('Aqeedah) constitutes the foundation of the state. Hence, nothing is permitted to exist within its entity, its structure or its accountability or any other aspect connected to it, unless the Islamic 'Aqeedahis its basis. At the same time, the Islamic 'Aqeedahacts as the basis of the constitution and Shari’ah laws; thus, nothing related to the constitution or to the… more
The Constitution of the Caliphate State,

Article 133: Tithed land (‘Ushriyyah), taxed land (Kharajiyyah)

Article 133: Tithed land (‘Ushriyyah) constitutes land within the Arabian Peninsula and land whose owners had embraced Islam, whilst possessing the land, before the Islamic State conquered them by Jihad. Taxed land (Kharajiyyah) is all land, other than the Arabian Peninsula, which was opened by jihad, whether through war or peace treaties. The ‘Ushriyyah land, together with its benefits, is owned… more
The Constitution of the Caliphate State

Article 8: Arabic, language of Islam and State

Article 8: The Arabic language is exclusively the language of Islam and it is the only language used by the State. 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

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…