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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 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 130: The state property

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. more
The Constitution of the Caliphate State,

Article 72: Issues threatened the internal security

Article 72: The most prominent issues that threaten the internal security that are under the responsibility of the Department of Internal Security to treat are: apostasy, rebellion and banditry, attacks on people’s wealth, attacking people and their honour and co-operating with the people of suspicion who spy for the belligerent disbelievers. more
The Constitution of the Caliphate State,

Article 189: Considerations relationship with the States

Article 189: The relationship of the State with other states present in the world is built upon four considerations. These are: 1- The existing states in the Islamic world are considered to be part of one land and therefore they are not included within the sphere of foreign affairs. Relations with these countries are not considered to be in the realm of foreign policy and it is obligatory to work… more
The Constitution of the Caliphate State,

Article 134: Land ownership

Article 134:Dead land is possessed through its revival and fencing. Any other type of land is not possessed except through a Shari’ah means such as inheritance, purchase, and donation by the State. more
The Constitution of the Caliphate State,

Article 184:Political manoeuvres

Article 184: Political manoeuvres are necessary in foreign policy, and the effectiveness of these manoeuvres is dependent on concealing (your) aims and disclosing (your) acts. more
The Constitution of the Caliphate State

Article 4: What may and what may not be adopted

Article 4: The Khalifah does not adopt any specific Shari’ah rule in matters related to rituals (‘Ibadaat) except in Zakat and Jihad, and whatever is necessary to protect the unity of the Muslims, and nor does he adopt any thought from among the thoughts related to the Islamic 'Aqeedah. more