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Constitution of the Caliphate State for Android

The Constitution of the Caliphate State / Education Policy

Article 180: No publishing and printing rights

The Constitution of the Caliphate State, Article 180: The exploitation of writing books for educational purposes at whatever level is strictly forbidden. Once a book has been printed and published, nobody has the right to reserve the publishing and printing rights, including the author. However, if they were ideas he had, which were not yet printed or published, the owner has the right to be paid for transferring these ideas to the public as he paid for teaching.

The evidence for it is the permissibility of taking a fee for teaching and the permission of knowledge for people. As for the permissibility of taking a fee for education, it is confirmed from the words of the Messenger صلى الله عليه وآله وسلم:

«إِنَّ أَحَقَّ مَا أَخَذْتُمْ عَلَيْهِ أَجْرًا كِتَابُ اللهِ»

You are most entitled to take wages for Allah's Book” (reported by Al-Bukhari from Ibn ‘Abbas), and so by greater reasoning a fee can be taken for teaching anything else; additionally it is confirmed from the fact that the Messenger صلى الله عليه وآله وسلم allowed the prisoners from the battle of Badr to each teach ten Muslims as their ransom, which is making a payment for education. Authoring is the writing of knowledge, or in other words, the giving of knowledge through writing and so it is like imparting it verbally. Knowledge can be passed to people verbally or in a written form and in both circumstances it is permitted to take a fee for it. However, if the teacher imparts something verbally or through writing, the knowledge that the learner took becomes possessed by him, and so he has the right to impart that knowledge to anyone else whether verbally or through writing, and he has the right to take a fee for it. The prisoners from Badr had no right over those who learnt reading and writing from them other than their fee, and those who learnt from them could teach others reading and writing for a fee without the permission of their teachers, and without their teachers having any right.

Additionally, knowledge, from the angle that it is permitted, and the meaning of its being permitted is that it is permissible for anyone to take it, and permitted for anyone who teaches it to take a fee, and not simply the teacher who taught it originally. So from this it is seen that the knowledge is possessed by anyone who knows it, and is not the sole possession of the one who taught it, and it is the possession of the one who knows it as long as it remains with him, and so he can take a fee for teaching it to someone else, or can teach it to others for free. So if it emerges from him through his teaching of it to an individual or a group, or talking about it in public, or conveying it to the people by any means, it becomes permissible for all of the people in accordance with the evidences which generally permit knowledge, and it becomes permissible for whoever took that knowledge individually or part of a group, to give it to whoever they wish irrespective of whether the one who taught them initially gave them permission or not, and whether they were content for that to happen or not.

This is evidence that no one possesses the right to publish since it is knowledge, so as long as it remains with him he has the right to charge a fee for it, and if he imparts it to the people verbally or through writing, by any means at all, it becomes permitted for all the people, and it becomes permitted for every one of them to teach it to someone else and to charge a fee for teaching. So to make the rights of publishing specific to the author is forbidding the permitted; forbidding knowledge by prohibiting it being taken except with permission and forbidding charging a fee for it by prohibiting it being taught for a fee except with permission, and so accordingly it is not permissible for anyone to possess publishing rights.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 27: The pledge upon obedience and the pledge of contracting

Article 27: If the Khilafah is contracted to an individual by the pledge of those it is valid to be contracted with, the pledge of the remainder of the people is a pledge upon obedience and not a pledge of contracting; and so, any one who is seen to have the potential of rebellion is forced to give the pledge. 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
The Constitution of the Caliphate State,

Article 24: Authorityand and Sharia implementation.

Article 24: The Khalifah is the representative of the Ummah in excercising of the authorityand in implementing of the Shari’ah. more
The Constitution of the Caliphate State,

Article 139: The private property is protected

Article 139: The State is not permitted to transfer private property into public property, since public property is confirmed by the nature and characteristic of wealth and not by the opinion of the State. more
The Constitution of the Caliphate State,

Article 136: Land use is compulsory

Article 136: Everyone that owns land is compelled to use it, and those that require financial help are given money from the Bayt Al-Mal to enable them to utilise their land. If anyone neglects utilising the land for three years continuously, it is taken from them and given to someone else. more
The Constitution of the Caliphate State

Article 21: The political parties

Article 21:The Muslims have the right to establish political parties in order to account the rulers or to reach the rule through the Ummah on the condition that their basis is the Islamic 'Aqeedah and that the rules they adopt are Shari’ah rules. The formation of a party does not require any permission. Any group formed on an un-Islamic basis is prohibited. more
The Constitution of the Caliphate State

Article 76: The supreme judge

Article 76: The Khalifah appoints a supreme judge to the judiciary from the male, adult, free, Muslim, sane, just people who know jurisprudence, and if he was given the power to appoint and remove the Madhalim judge, and had the power of judgement in the Madhalim, then he would have to be a Mujtahid. He would have the power to appoint judges, discipline them, and remove them as part of the… more

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