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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 11: Da’wa (call to Islam) the fundamental task of the State

Article 11: Conveying the Islamic Da’wa (call to Islam) is the fundamental task of the State. more
The Constitution of the Caliphate State

Article 16: The system of ruling unitary, not a federal

Article 16: The system of ruling is a unitary system and not a federal system. more
The Constitution of the Caliphate State

Article 5: 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 182: Relations with foreign countries

Article 182: It is absolutely forbidden for any individual, party, group or association to have relations with a foreign state. Relations with foreign countries are restricted to the State alone because the State has the sole right of governing the affairs of the Ummah practically. The Ummah can account the State regarding foreign relations. more
The Constitution of the Caliphate State,

Article 154: Employees are equal, regardless of the employer

Article 154: Company employees and those employed by individuals have the same rights and duties as employees of the State. Everyone who works for a wage, irrespective of the nature of the work, is considered an employee. In matters of dispute between employers and employees over salary levels, the salary level is to be assessed on the basis of the market. If they disagree over something else,… more
The Constitution of the Caliphate State,

Article 158: Mechanisms enable citizens get their needs

Article 158: The State makes it easier for all the citizens to be able to satisfy their extra (non-essential) needs, and to achieve equality in society in the following way: By giving out liquid and fixed assets from the funds of the Bayt Al-Mal, and from the war booties, and anything similar. Donating some of its cultivated land to those who have insufficient land. Those who possess land but do… 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

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