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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Social System

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.

The evidence for this article is that when the Legislator (swt) addressed the worshippers, He (swt) addressed them in their characteristic as human beings, with no concern as to whether the one addressed was male or female. Allah (swt) said Say, [O Muhammad],

((يَا أَيُّهَا النَّاسُ إِنِّي رَسُولُ اللَّهِ إِلَيْكُمْ جَمِيعًا)) [الأعراف 158]، ((يَا أَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمْ)) [الحج 1]، ((يَا أَيُّهَا الَّذِينَ آَمَنُوا اسْتَجِيبُوا لِلَّهِ وَلِلرَّسُولِ)) [الأنفال 24]، ((كُتِبَ عَلَيْكُمُ الصِّيَامُ)) [البقرة 183]، ((فَمَنْ شَهِدَ مِنْكُمُ الشَّهْرَ فَلْيَصُمْهُ)) [البقرة 185]، ((وَأَقِيمُوا الصَّلَاةَ)) [البقرة 43]، ((خُذْ مِنْ أَمْوَ‌ ٰلِهِمْ)) [التوبة 103]، ((إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ)) [التوبة 60]، ((وَالَّذِينَ يَكْنِزُونَ الذَّهَبَ وَالْفِضَّة)) [التوبة 34]، ((وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا))

"O mankind, indeed I am the Messenger of Allah to you all.” (TMQ 7:158), “O mankind, fear your Lord.” (TMQ 4:1), “O you who have believed, respond to Allah and to the.(TMQ 8:24), “O you who believe! fasting is prescribed for you.” (TMQ 2:183), “So whoever sights [the new moon of] the month, let him fast it.” (TMQ 2:185), “And establish prayer.(TMQ 2:43), Take, [O, Muhammad], from their wealth.” (TMQ 9:103), “Zakah expenditures are only for the poor and for the needy.(TMQ 9:60), “And those who hoard gold and silver.(TMQ 9:33), “Allah has permitted trade and has forbidden interest(usury).(TMQ 2: 275), amongst many other similar texts. In all of these the Legislator (swt) addresses humankind with a general address irrespective of whether the one addressed was male or female. And the generality of the address of the Legislator (swt) remains upon its generality. Accordingly, the Shari’ah came for humankind and not for men in their characteristic of being male, or for women in their characteristic of being female, rather for mankind from the angle of being human. Therefore, whatever the Shari’ah commanded came for humankind, and whatever it includes in terms of rights and obligations are for and upon humankind. This is the evidence for the part of the article which mentions that the woman has the same rights and obligations as the man, because the Shari’ah came for humankind, and both male and female are human, and it did not come specifically for woman or man, and so the two of them are equal in respect to the address of the Legislator (swt) regarding the Shari’ah rules for humankind.

This generality in the address of the Legislator (swt) remains upon its generality in everything, and remains upon its generality in every rule as long as the Shari’ah did not relate it through a Shari’ahtext as a rule specific for women or men, in which case that rule alone that the text addressed would be specific to women or men. The Shari’ah remains upon its generality addressing humankind irrespective of gender,

((يَا أَيُّهَا النَّاسُ إِنِّي رَسُولُ اللَّهِ إِلَيْكُمْ جَمِيعًا))

Say, [O Muhammad], "O mankind, indeed I am the Messenger of Allah to you all.(TMQ 7:158), and all of the remaining rules remain upon their generality for humankind irrespective of gender

((يَا أَيُّهَا الَّذِينَ آَمَنُوا اسْتَجِيبُوا لِلَّهِ وَلِلرَّسُولِ)) [الأنفال 24]، ((أَطِيعُوا اللَّهَ وَالرَّسُولَ)) [آل عمران 132]، ((فَمَنْ شَهِدَ مِنْكُمُ الشَّهْرَ فَلْيَصُمْهُ)) [البقرة 185]، ((وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِنْكُمْ))

O you who have believed, respond to Allah and to the Messenger.” (TMQ 8:24), “And obey Allah and the Messenger.(TMQ 3:132), “Whoever sights [the new moon of] the month, let him fast it.” (TMQ 2:185), “. And bring to witness two just men from among you.” (TMQ 65:2)and whatever else came regarding the rules. All of these remain upon their generality which addressed humankind without regard as to whether they were male or female.

Therefore, in origin the Legislator (swt) made the Shari’ah for humankind, not for men or women specifically, but rather for both of them as human beings. Then, the Legislator (swt) laid down some rules specific for women and some specific for men, however this specificity is restricted to those rules alone and does not go beyond them or the texts which came to explain them. Neither of them is charged with a rule specifically unless there is a clear text related which specifies it to one of the two genders. So the specification of women or men with certain rules is an exception to the generality, and so the Shari’ah remains upon its generality as do all of its rules, and any exception is limited to what the text mentions and does not go any further. For example, there are specific rules for women such as leaving prayer, and eating in Ramadan during the menstrual cycle, and such as making the witness statement of a single woman sufficient in those cases which only they would be privy to such as virginity without requiring the normal condition regarding witnesses, as this is specific to women and there are texts regarding it, but it does not apply to anything else at all; rather she remains addressed by the address of the Legislator (swt) in the same manner as man is, since the address is for humankind and not for a specific gender. Also, for example, there are rules which are specific to men such as ruling or authority, and so it is not valid for anyone other than a man to undertake it. This is specific to men, and has had a text narrated regarding it, and so it is specific to men alone. However this specification is related to ruling alone and not the judiciary or managing the departments of the state because the text came regarding ruling, or those who govern, and nothing else. And it is resricted to what came in the text alone, and will not be specified at all by anything which is not related by text; rather the man remains addressed by the address of the Legislator (swt) in the same manner as the woman since the address is for humankind and not for a specific gender.

Based upon this, there is nothing in Islam called women’s rights or men’s rights, or women’s obligations and men’s obligations. Rather, the rights and obligations in Islam are for humankind in their characteristic as human beings, without any attention as to whether they are male or female; rather irrespective of their gender. Accordingly, all the laws of the Shari’ah are for humankind while some are exceptions - so sometimes the woman is addressed in her characteristic as a female by specific text and at other times the man is addressed in his characteristic as a male by specific text.

Due to the generality of the Shari’ah and its rules, the woman can work in trade, agriculture, and industry in the same way as the man, since the address of the Legislator (swt) came for humankind.

She can undertake all the verbal actions of contracts and transactions, since the address of the Legislator (swt) came for humankind.

She can own any type of property and invest her wealth whether personally or otherwise, since the address of the Legislator (swt) came for humankind.

She can teach and carry out Jihad since the address of the Legislator (swt) came for humankind.

She can partake in politics, join political parties and account the ruler, since the address of the Legislator (swt) came for humankind.

She can directly engage in all the affairs of public life, in exactly the same manner as the man, in everything due to the citizen and whatever is required to make a living, since the address of the Legislator (swt) came for humankind.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 7: How to implement the Shari'ah

Article 7: The State implements the Islamic Shari’ah upon all those who hold the Islamic citizenship, with no difference between Muslims and non-Muslims as follows: All the rules of Islam will be implemented upon the Muslims without any exception. The non-Muslims will be allowed to follow their beliefs and worships within the scope of the general system. The rule of apostasy will be implemented… 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 129: The public property

Article 129: Public property is the permission of the Legislator (swt) for the community to collectively utilise the property itself. more
The Constitution of the Caliphate State,

Article 166: Own independent currency, and not linked to any foreign currency.

Article 166: The State issues its own independent currency, and it is not permitted for it to be linked to any foreign currency. more
The Constitution of the Caliphate State

Article 78: The conditions of judges

Article 78: Whoever undertakes the responsibility of judgement must be a Muslim, free, adult, sane, just, a Faqih (person who knows jurisprudence/Fiqh), and aware of how to apply the rules to the events. And the person who undertakes the judiciary of injustices (Madhalim)in addition to the conditions mentioned, must also be male and a Mujtahid (capable of deriving his own Fiqh/conducting Ijtihad). more
The Constitution of the Caliphate State,

Article 121: The spouses: duties and rights

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. 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