nusr-khilafah-en

Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Foreign Policy

Article 181: Politics performed by State and Ummah

The Constitution of the Caliphate State, Article 181: Politics is taking care of the affairs of the Ummah domestically and internationally. It is performed by the State and the Ummah. The State takes on this task practically through government, and the Ummah accounts the State upon it.

 

This article is the definition of politics and this is a general definition held by everyone since it characterises the reality of politics as what it actually is. So it is similar to the definition of the mind, the definition of the truth, the definition of authority and other definitions from the meanings which have a single reality for all people which they do not differ over since it is a perceptible reality, and so rather they only differ over its rules. In addition to that, the linguistic meaning of politics (Saasa, Yasuso, Siyasah) is governing of the affairs; it is mentioned in the Al-Muhit dictionary: “I governed the citizens siyasatan – meaning I commanded them and I forbade them”, and this is the governing of affairs through commandments and prohibitions. Additionally there are narrations related regarding the actions of the ruler, accounting the ruler and concern for the Muslim affairs, and the definition has been derived from all of these; so the words of the Prophet  صلى الله عليه وآله وسلم in an agreed upon narration, the wording here from Al-Bukhari from Ma’qal b. Yasar:

«مَا مِنْ عَبْدٍ يَسْتَرْعِيهِ اللهُ رَعِيَّةً فَلَمْ يُحِطْهَا بِنُصْحِهِ إِلاَّ لِمْ يَجِدْ رَائِحَةَ الْجَنَّةِ»

Any slave whom Allah makes him in charge of subjects and he is not sincer to them, Allah will make Jannah unlawful for him, and his  صلى الله عليه وآله وسلم words:

«مَا مِنْ وَالٍ يَلِي رَعِيَّةً مِنَ الْمُسْلِمِينَ فَيَمُوتُ وَهُوَ غَاشٌ لَهُمْ إِلاَّ حَرَّمَ اللهُ عَلَيْهِ الجَّنَّةَ»

If any ruler having the authority to rule Muslim subjects dies while he is deceiving them, Allah will forbid Paradise for him., and his  صلى الله عليه وآله وسلم words:

«سَتَكُونُ أُمَرَاءُ فَتَعْرِفُونَ وَتُنْكِرُونَ، فَمَنْ عَرَفَ بَرِئَ، وَمَنْ أَنْكَرَ سَلِمَ، وَلَكِنْ مَنْ رَضِيَ وَتَابَعَ، قَالُوا: أَفَلاَ نُقَاتِلُهُمْ؟ قَالَ: لا مَا صَلَّوْا»

There will be rulers (Amirs) and you will like their good deeds and dislike their bad deeds. One who sees through their bad deeds, and tries to prevent their repetition by his band or through his speech, is absolved from blame. But one who approves of their bad deeds and imitates them is spiritually ruined. People asked (the Holy Prophet): Shouldn't we fight against them? He replied: No, as long as they establish their prayers.(reported by Muslim from Umm Salamah), and his  صلى الله عليه وآله وسلم words:

«وَمَنْ أَصْبَحَ وَهَمُّهُ غَيْرُ اللهِ فَلَيْسَ مِنَ اللهِ فِي شَيْءٍ، وَمَنْ لَمْ يَهْتَمَّ لِلْمُسْلِمِينَ فَلَيْسَ مِنْهُمْ»

Whoever wakes up and his concern is other than Allah, then he is not from Allah, and whoever is not concerned with the Muslims then he is not from them” reported by Al-Hakim in Al-Mustadrak from Ibn Mas’ud, and it is reported from Jarir b. ‘Abd Allah who said:

«بَايَعْتُ رَسُولَ اللهِ  صلى الله عليه وآله وسلم عَلَى: إِقَامِ الصَّلاةِ، وَإِيتَاءِ الزَّكَاةِ، وَالنُّصْحِ لِكُلِّ مُسْلِمٍ»

I gave pledge of allegiance to the Messenger of Allah  صلى الله عليه وآله وسلم on the observance of prayer, payment of Zakah, and sincerity and well-wishing for every Muslim.” (agreed upon), and it is reported from Jarir b. ‘Abd Allah who said:

«أَتَيْتُ النَّبِيَّ  صلى الله عليه وآله وسلم قُلْتُ: أُبَايِعُكَ عَلَى الإِسْلامِ، فَشَرَطَ عَلَيَّ: وَالنُّصْحِ لِكُلِّ مُسْلِمٍ»

I went to the Prophet  صلى الله عليه وآله وسلم and gave him the pledge of allegiance upon Islam, and he made it a condition to give the advice to every Muslim.” (reported by Al-Bukhari).

The definition of politics deduced from all of these narrations, whether related to the ruler and his undertaking of ruling, or to the Ummah and its accounting of the ruler, or to the relationship of the Muslims with each other in being concerned over their issues and advising each other, is that it is the governing of the affairs of the Ummah, and therefore the definition of politics, which this article mentioned, is a Shari’ah definition deduced from the Shari’ah evidences.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 26: The right to elect the Caliph

Article 26: Every sane, adult Muslim, a male or a female, has the right to elect the leader of the State and to give him the pledge of allegiance; while the non-Muslims do not have such right. more
The Constitution of the Caliphate State

Article 18: The rulers and the employees

Article 18: There are four types of rulers: the Khalifah, the delegated assistant, the governor, and the worker (’amil), and whoever falls under the same rule. As for anyone else, they are not considered rulers, but rather employees. more
The Constitution of the Caliphate State,

Article 29: Required from a country for a contracting pledge

Article 29: It is stipulated that the authority of the region or the country that gives the Caliph a contracting pledge is autonomous dependent upon the Muslims alone, and not upon any disbelieving state; besides the security of the Muslims in that country, both internally and externally, is by the security of Islam not the security of the disbelief. With respect to the pledge of obedience taken… more
The Constitution of the Caliphate State

Article 77: Types of judiciary

Article 77: The Judges are of three types: One is the Judge (Qadi), and he undertakes settling the disputes between people over transactions and penal codes. The second is the Muhtasib, who undertakes the settling of any breach of law that may harm the rights of the community. The third is the judge of the Court of Injustices (Madhalim), who undertakes the settling of disputes between the people… more
The Constitution of the Caliphate State,

Article 44: Empowering of delegated assistant

Article 44:It is a condition for the empowering of a delegated assistant (Tafwid), that his empowerment encompasses two issues: The first being general responsibility, and the second being the representation. Accordingly, it is necessary for the Khalifah to say to him “I appoint you on my behalf as my deputy” or anything that is of a similar meaning from the wordings that encompass the general… more
The Constitution of the Caliphate State

Article 23:The state apparatus

Article 23: The state apparatus is established upon thirteen institutions: The Khalifah (Leader of the State) The Assistants (delegated ministers) Executive minister The Governors The Amir of Jihad The Internal Security The Foreign Affairs Industry The Judiciary The People’s Affairs (administrative apparatus) The Treasury (Bayt Al-Mal) Media The Ummah’s Council (Shura and accounting) more
The Constitution of the Caliphate State,

Article 122: Custody of children

Article 122: Custody of the child is a right and duty upon the mother, irrespective of whether she is a Muslim or not as long as the child needs this care. If the child no longer needs the care, then the situation is examined. If both of the parents are Muslim then the child, whether boy or girl, chooses whomever they would like to live with, and they will join whomever they choose, irrespective… more