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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Social System

Article 113: In origin men and women are segregated

The Constitution of the Caliphate State, Article 113: In origin men and women are segregated, and do not come together except for a need by Shar’ agreesto it and agrees to their assembly for it , such as trade and the pilgrimage.

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Article 114: Men and women, the rights and duties

The Constitution of the Caliphate State, Article 114: The woman has been given the same rights as man, and whatever was oblied upon man is also obliged upon the woman, except that which was specified for her or him by the Shari’ah evidences. Accordingly, she has the right to partake in trade, agriculture and industry, and to undertake contracts and transactions, to possess all forms of property, to invest her wealth whether personally or through proxy, and to personally carry out all worldly affairs.

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Article 115: Women in the state apparatus

The Constitution of the Caliphate State, Article 115: It is permitted for a woman to be appointed in civil service and positions in the judiciary apart from the Court of Injustices. She can elect members of the Ummah’s council, and be a member herself, and she can participate in the election of the Head of State and in giving him the pledge of allegiance.

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Article 116: The woman and ruling positions

The Constitution of the Caliphate State, Article 116: It is not permitted for a woman to take a ruling position; so she cannot be a Khalifah, nor an assistant, governor or ‘Amil, nor undertake any action considered to be ruling. In the same manner she cannot be the head judge and nor a judge in the Madhalim court, nor the Amir of Jihad.

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Article 117: The provisions of the private and public life

The Constitution of the Caliphate State, Article 117: The woman lives in public and private spheres; in the public sphere she is permitted to live with women, Maharim men, and foreign men (men whom she can marry) on the condition that nothing other than her face and hands can be revealed, and that the clothing is not revealing, besides there is not any open display of adornments. As for the private sphere, she is not permitted to live with anyone other than women and her Maharim, and she is not permitted to live with unrelated/foreign men. She is restricted by all the Shari’ah rules in both spheres.

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Article 118: Rules Being alone with a non-incest and Finery

The Constitution of the Caliphate State, Article 118: It is not permitted for a woman to be alone with a non-Mahram. It is not permitted for her to reveal the adornments (Tabarruj) and the ‘Awrah in front of foreign men.

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Article 119: Prohibition of all that what threatens to undermine morality or society.

The Constitution of the Caliphate State, Article 119: It is prohibited for any man or woman to undertake any work which could undermine the morals, or causes corruption in the society.

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Article 120: Marital life

The Constitution of the Caliphate State, Article 120: Marital life is one of tranquillity; and the couple should live together as companions. The guardianship (Qawwamah) of the husband over the wife is a guardianship of care and not ruling. It has been made obligatory for her to obey him, and obligatory upon him to financially support her according to the expected standard of living of one like her.

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Article 121: The spouses: duties and rights

The Constitution of the Caliphate State, Article 121: The married couple must fully assist each other in the housework, and the husband must carry out all the work which is usually undertaken outside the house, while the wife carries out all the work which is usually undertaken inside the house, according to her capability. He must provide her with a servant as required to assist with the tasks that she is unable to carry out alone.

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Article 122: Custody of children

The Constitution of the Caliphate State, 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 of whether that was the man or woman. If one of them is non-Muslim, then there is no choice between them; and they rather will join the Muslim parent.

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Some articles of the Constitution

The Constitution of the Caliphate State,

Article 51: Powers of executive assistant

Article 51: The executive assistant is directly connected to the Khalifah, like the delegated assistant, and is considered as an assistant but only in terms of execution and not in ruling. more
The Constitution of the Caliphate State,

Article 37: Terms and conditions of the adoption of Shari’ah rules

Article 37: The Caliph (Khalifah)’s adoption is restricted by the Shari’ah rules; he is prohibited to adopt any rule which is not derived according to a legitimate deduction from the Shari’ah evidences, and he is restricted with what he adopted of the rules, and by what he bound himself to with respect to the method of derivation. So he is not permitted to adopt a rule which has been derived… more
The Constitution of the Caliphate State,

Article 148: State budget

Article 148: The budget of the State has permanent chapters determined by Shari’ah rules. As for the sections of the budget, the amounts allocated for each section, and the issues of each sectioncovered by these amounts are left to the opinion of the Khalifah and his Ijtihad. more
The Constitution of the Caliphate State,

Article 33: The temporary Ameer

Article 33: A temporary leader is appointed to take charge of the affairs of the Muslims, and to prepare for the election of the new Caliph (Khalifah) after the vacation of the position of the Caliphate (Khilafah) according to the following process: When the previous Caliph (Khalifah) feels that his life is coming to an end, or is committed to resigning, he has the right to appoint the temporary… more
The Constitution of the Caliphate State,

Article 57 : Term of office for the governor

Article 57: The governor’s term of office in a particular province is not to be long. He must be discharged whenever he becomes firmly established in his province or the people become enchanted with him. 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 114: Men and women, the rights and duties

Article 114: The woman has been given the same rights as man, and whatever was oblied upon man is also obliged upon the woman, except that which was specified for her or him by the Shari’ah evidences. Accordingly, she has the right to partake in trade, agriculture and industry, and to undertake contracts and transactions, to possess all forms of property, to invest her wealth whether personally… more