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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 123: The management of the economy

Article 123: The management of the economy is to take in consideration the viewpoint about the targeted society when considering the fulfilment of the needs. So what the society ought to be should be made the basis for the fulfilment of the needs. more
The Constitution of the Caliphate State,

Article 25: The Khilafah is a contract of choice and consent

Article 25: The Khilafah is a contract of choice and consent, so no one is compelled to accept it, and no one is compelled to choose the one who would undertake it. more
The Constitution of the Caliphate State,

Article 145: Land tax

Article 145: Land tax is payable upon the Kharajiyyah land according to its capacity. Zakah is collected from the ‘Ushriyyah land according to the actual production. more
The Constitution of the Caliphate State,

Article 39: The duration and terms of the mandate of the caliph

Article 39: The Caliph (Khalifah) does not have a fixed term of office; as long as the Caliph (Khalifah) preserves the Shari’ah and he implements its rules, and is capable of carrying out the affairs of the State, he remains as a Caliph (Khalifah) as long as his situation does not change to one that would remove him from the leadership of the State. If his state changes in this manner, then it is… more
The Constitution of the Caliphate State,

Article 167: The currency of the State is gold and silver

Article 167: The currency of the State is to be restricted to gold and silver, whether minted or not. No other form of currency for the State is permitted. The State can issue something as a substitute for gold or silver provided that the Bayt Al-Mal has the equivalent amount of gold and silver to cover the issued coinage. Thus, the State may issue coinage in its name from brass, bronze or paper… 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
The Constitution of the Caliphate State,

Article 94: Permissibility of power of attorney in private and public matters

Article 94: It is permitted for the one who has been vested with a specific responsibility, like a custodian or guardian, or general responsibility such as the Khalifah, ruler, civil servant, Muhtasib, or judge of the Court of Injustice Acts (Madhalim), to appoint a person to his position as a proxy - within the bounds of his authority – in disputes and defence alone, and there is no difference… more