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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Economic System

Article 129: The public property

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

 

The evidence for this article is that the Shari’ah evidences indicate that the definition of public property is the permission of the Legislator (swt) for the community to collectively utilise the property, and the evidences for this definition are the texts related regarding public property. The words of the Messenger صلى الله عليه وآله وسلم :

«الْمُسْلِمُونَ شُرَكَاءُ فِي ثَلاَثٍ: الْمَاءِ وَالْكَلإِ وَالنَّارِ»

Muslims have common share in three (things).water, grass, and fire.reported by Ahmad from a man from the companions of the Prophet صلى الله عليه وآله وسلم , and his narrators are trustworthy, and what Al-Tirmidhi narrated from Abyad b. Hammal:

«أنه وفد إلى رسول الله صلى الله عليه وآله وسلم فاستقطعه الملح، فقطع له. فلما أن ولّى قال رجل من المجلس: أتدري ما قطعت له؟ إنما قطعت له الماء العد. قال فانتزعه منه»

Went to the Messenger of Allah صلى الله عليه وآله وسلم    and asked him for assigning him (the mines of) salt as fief. So he assigned it to him as a fief. When he returned, a man in the meeting asked: Do you know what you have assigned him as a fief? You have assigned him the perennial spring water. So he took it back from him. The countless water is that which does not deplete, in other words, if you extracted a mineral from it, it does not deplete. And he صلى الله عليه وآله وسلم said:

«مِنًى مُنَاخُ مَنْ سَبَقَ»

Mina is a resting place for whoever gets their first”,reported by Al-Tirmidhi from Aisha(ra) and he said it is Hasan Sahih, and Mina is the famous location in the Hijaz which the pilgrims descend to after standing at Arafat, and all the people can rest their camels there if they arrive there before others. And the Prophet صلى الله عليه وآله وسلم affirmed that people participate in the use of general roads. The definition of public property was derived from all of this, since these texts indicate that the Legislator (swt) gave permission to people to participate collectively in these things and hence it was deduced. On this basis the article was drafted.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 128: The private property

Article 128: Private property is Shari’ah rule determined by the property itself or the benefit from it. This qualifies the one that owns a property to benefit of it or gets an exchange for it. 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 81: The court session

Article 81: The judge can only give a verdict in a court session, and any evidence and oaths can only be considered in the court session. more
The Constitution of the Caliphate State,

Article 52: Administrative division of the country

Article 52: The lands which are ruled by the State are divided into units, where each unit is called a Wilayah (province). Each province is divided into units and each unit is called an ’Imalah (district). The one who governs the province is called the Wali (governor) or Amir and the one who governs the ’Imalah is called the ’Aamil (worker) or Hakim (ruler). more
The Constitution of the Caliphate State,

Article 98: Employment in the administrative system

Article 98: Anyone who carries citizenship, and is competent, whether male or female, Muslim or non-Muslim, can be appointed as a manager for an administration, a department, or a division, and to be a civil servant in 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 15: The means to Haram (unlawful) is forbidden

Article 15: The means to Haram (unlawful) are forbidden if they most likely lead to Haram. But if there is a doubt that a means might lead to Haram, then this means will not be forbidden. more