nusr-khilafah-en

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 58: Moving governor from province to another

Article 58: The governor is not moved from one province to another, since his appointment was for a general control in a specific area. Therefore, he has to be discharged first and then reappointed. more
The Constitution of the Caliphate State,

Article 34: Procedures of the appointment of the Caliph

Article 34: The method of appointing the Caliph (Khalifah)is the pledge of allegiance (Bay’a). The practical steps to appoint the Caliph (Khalifah)and his Bay’a are: The Madhalim court announces the vacancy of the position of the Caliphate (Khilafah) The temporary leader takes control of his responsibility and announces the opening of the nomination procedure immediately Applications of the… more
The Constitution of the Caliphate State,

Article 83: Judicial ruling

Article 83: There is no court of appeal, and no court of cassation, so the judiciary, as far as the method by which the cases are treated, is of a single level. If the judge pronounced a verdict, it would become binding, and it cannot ever be annulled by the verdict of another judge unless he ruled by other than Islam, or contradicted a definite text from the Quran, Sunnah or Ijmaa’ of the… more
The Constitution of the Caliphate State,

Article 30: Required for the allegiance of the Caliphate

Article 30: The only conditions for the one who is given the pledge to be the leader of the State is that he fulfils the contracting conditions of the contract, even if he does not fulfil the preference conditions, since what matters are the contracting conditions of the contract. 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 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 171:The education policy

Article 171:The education policy is to form the Islamic mentality and disposition. Therefore, all subjects in the curriculum must be chosen on this basis. more