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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 182: Relations with foreign countries

Article 182: It is absolutely forbidden for any individual, party, group or association to have relations with a foreign state. Relations with foreign countries are restricted to the State alone because the State has the sole right of governing the affairs of the Ummah practically. The Ummah can account the State regarding foreign relations. more
The Constitution of the Caliphate State,

Article 135: Land lease

Article 135:It is completely prohibited to rent land for agriculture, irrespective of whether the land was Kharajiyyah or ‘Ushriyyah. Likewise, temporary share-cropping is also prohibited. Musaaqa (renting trees for a portion of their yields) is permitted without restriction. more
The Constitution of the Caliphate State

Article 20: Right and duty to accountable the rulers

Article 20: Accounting of the rulers by Muslims is one of their rights and an obligation of sufficiency upon them. The non-Muslim subjects have the right to voice complaint regarding the ruler’s injustice towards them or misapplication of the rules of Islam upon them. more
The Constitution of the Caliphate State,

Article 58: Moving governor from province to another

Article 58: The governor is not moved from one province to another, since his appointment was for a general control in a specific area. Therefore, he has to be discharged first and then reappointed. more
The Constitution of the Caliphate State,

Article 53: Preconditions of governor and ’Ummal

Article 53: The Khalifah appoints the governors. The ’Ummal (workers) are appointed by the Khalifah and by the governors if they have been delegated that power. The preconditions of the governor and ’Ummal are the same as the conditions for the assistants, so it is imperative that they are free, just, Muslim, adult men and are from the people who have the capability to do what they are assigned… 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 102: The treasury (Bayt Al-Mal)

Article 102: The treasury (Bayt Al-Mal) is the administration responsible for the revenues and expenditure in accordance with the Shari’ah rules in terms of their collection, storage and spending. The head of the office of the treasury is called the Treasurer of the Treasury (Khazin Bayt Al-Mal). The offices in the provinces fall under it and the head of each office is called the Trustee of the… more

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