nusr-khilafah-en

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.

This article is derived from numerous evidences. Firstly: the Shari’ah divided the Muslim’s life between the general and private spheres, and in the woman’s private life she can display what is above her Awrah to her Maharim (close family relatives), whereas in her public sphere she cannot display anything from her body except her face and hands. Secondly, the Shari’ah made the rows of the woman in prayer behind that of the men. Thirdly, the Shari’ah ordered men to lower their gaze from the women, and vice versa. Fourthly, the woman has been ordered to cover herself in modest clothing which covers every part of the places of adornment, except for that which is apparent from her (in other words, her hands and face). Fifthly, it is permitted for her to display what is above her Awrah in her private life between her Maharim.

All of the evidences for these rules indicate that the basis is that men are segregated from women, and so each of them lives in a different sphere of life than the other. Along with this, the woman has had certain issues made permitted, recommended and obligatory upon her. Therefore, it is imperative that she undertakes what is obligatory, and recommended, and permitted, but without Tabarruj (beautification which attracts attention) and with the clothing which Allah (swt) described in the Quran with His (swt) words

((وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَى جُيُوبِهِنَّ))

And to wrap [a portion of] their headcovers over their chests.(TMQ 24:31)is the upper/outer clothing; whereas His (swt) words

((الْمُؤْمِنِينَ يُدْنِينَ عَلَيْهِنَّ مِنْ جَلَابِيبِهِنَّ ))

Bring down (let down) over themselves their wrapping outer garments.is referring to the clothing from underneath, because the Jilbab is worn above the clothing. Al-Jawhari said in Al-Sihhah “The Jilbab is the cover and some say it is a sheet”. In the Al-Muheet dictionary it mentions “the Jilbab is in the form of the Sirdab or the Sinmar, which is the gown or a large garment for women under the cover, or conceals her clothing like a cover”. And to “draw” (Idnaa') clothing is to lower it to the bottom; it is said “draw the cover, lower it”, and the meaning of drawing here is lowering, and the only meaning of lowering the clothing is to lower it to the bottom. And His (swt) words

((غَيْرَ مُتَبَرِّجَاتٍ بِزِينَةٍ ))

Not displaying adornment.(TMQ 24:60)is with respect to the open display of beautification (Tabarruj).

Therefore, she is allowed to go out dressed in accordance with what the Shari’ah specified for her, and meet with men in order to undertake what the Shari’ah allowed her to do, such as buying, selling, employment, appointing proxies, custody and so on, and to carry out was has been made obligatory upon her such as Hajj and paying the Zakah, or recommended upon her such as voluntary charity, helping the poor, treating the sick and so on. These needs have been confirmed from the legislative angle for her by the Shari’ah, whether they were obligatory, recommended, or permitted, and has confirmed the gathering of men and woman while they are undertaken. Therefore, these evidences indicate that the method of life in Islam is to segregate men from the women in the private sphere, and allow men and women to gather in the public sphere in order to carry out whatever was obligatory, recommended, or permitted upon them with the dress in accordance with what the Shari’ah specified to her. These are the evidences for this article.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 181: Politics performed by State and Ummah

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. more
The Constitution of the Caliphate State

Article 80: The court and the verdict

Article 80: The courts should be comprised of only one judge who has the authority to pronounce judgement. One or more judges are permitted to accompany him, however they do not have the authority of judgement but rather the authority of consulting and giving their opinion, and their opinion is not considered binding. more
The Constitution of the Caliphate State,

Article 38: Powers and Conditions for care for parishioners

Article 38: The Caliph (Khalifah) has the complete right to govern the affairs of the subjects according to his opinion and Ijtihad. He can adopt anything of the permitted issues that he needs to run the affairs of the State and to manage the peoples’ affairs and he is not permitted to contradict any Shari’ah rule for the sake of benefit. For example, he cannot prohibit the single family from… more
The Constitution of the Caliphate State,

Article 113: In origin men and women are segregated

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. more
The Constitution of the Caliphate State,

Article 69: The State obligations towards the army

Article 69: It is obligatory to provide the Army with weapons, supplies and equipment, as well as all necessities and requirements, which enable it to carry out its mission as an Islamic Army. more
The Constitution of the Caliphate State,

Article 89: Unlimited number of judges of Madhalim

Article 89: There is no limit to the number of judges that can be appointed for the Court of Injustice Acts (Madhalim), rather the Khalifah can appoint as many as he may deem necessary to eradicate the Madhalim (injustice acts), whatever that number may be. Although it is permitted for more than one judge to sit in a court session, only one judge has the authority to pronounce a verdict. The… more
The Constitution of the Caliphate State,

Article 100: administrative actions against directors

Article 100: The managers in all departments, administrations, and divisions are not dismissed except for reasons connected with the administrative systems, but it is permitted to transfer them between posts or to suspend them from working. Their appointment, transfer, suspension, discipline, and removal are all done by whoever is in charge of the highest post of their office, department, or… more