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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Social System

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.

The evidence for this article is what Al-Bukhari narrated from Abu Bakra who said

"لما بلغ رسول الله صلى الله عليه وآله وسلم أن أهل فارس ملَّكوا عليهم بنت كسرى قاللَنْ يُفْلِحَ قَوْمٌ وَلَّوْا أَمْرَهُمُ امْرَأَةً»"

When the Messenger of Allah صلى الله عليه وآله وسلم was told that the daughter of Kisra had been given the reign over the Persians he said: «Never will succeed such a nation that make a woman their ruler.»”. This explicitly mentions that a woman is not permitted to take a ruling position. Accordingly, women are not permitted to undertake anything at all from any of the actions of ruling, whether the Khalifah, assistant, governor, Supreme judge, judge in the Madhalim court, or ‘amil in the district, due to the explicitness of the narration forbidding it.

As for women not taking the position of the Amir of Jihad, despite it not being a ruling position, this is because Jihad is not obligatory upon women and so she cannot assume leadership over those for whom Jihad is obligatory.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 30: Required for the allegiance of the Caliphate

Article 30: The only conditions for the one who is given the pledge to be the leader of the State is that he fulfils the contracting conditions of the contract, even if he does not fulfil the preference conditions, since what matters are the contracting conditions of the contract. more
The Constitution of the Caliphate State,

Article 46: Scrutiny of actions of delegated assistants

Article 46: It is imperative that the Khalifah scrutinises the actions of the delegated assistants (Tafwid) and their management of the affairs, in order to confirm what was right, and to correct any errors, since the management of the affairs of the Ummah has been delegated to the Khalifah and is decided by his Ijtihad. more
The Constitution of the Caliphate State,

Article 103: The institution of the Media Office

Article 103: The institution of the Media Office is responsible for drawing up and executing the political media strategy for the State in order to support the interests of Islam and the Muslims. Internally, it works to build an Islamic society that is strong and cohesive, and it refutes that which is malicious while confirming that which is good. In external affairs it is to promote Islam during… 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 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 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 124: The primary economic problem

Article 124: The primary economic problem is the distribution of wealth and benefits to all of the subjects of the State, and facilitating their utilisation of this wealth and benefits, by enabling them to strive for them and possess them. more