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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 99: Management and responsibilities of interests and departments

Article 99 :A general manager has to be appointed for each office; and every department and administration has a manager who is responsible for its management, and is directly responsible for it; and they are accountable in terms of their work to whoever is in charge of the highest post of their offices, departments or administrations; and they are accountable in terms of their adherence to the… more
The Constitution of the Caliphate State,

Article 126: The wealth belongs to Allah (swt)

Article 126: The wealth belongs to Allah (swt) alone, and He (swt) has made human beings the trustees of it. Through this general trust they have been given the right to ownership of wealth. Allah (swt) has permitted for the individual to possess the wealth; so through this specific permission, he managed to possess it practically. more
The Constitution of the Caliphate State,

Article 120: Marital life

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. more
The Constitution of the Caliphate State,

Article 29: Required from a country for a contracting pledge

Article 29: It is stipulated that the authority of the region or the country that gives the Caliph a contracting pledge is autonomous dependent upon the Muslims alone, and not upon any disbelieving state; besides the security of the Muslims in that country, both internally and externally, is by the security of Islam not the security of the disbelief. With respect to the pledge of obedience taken… more
The Constitution of the Caliphate State,

Article 41: The Decision about change and removal the Caliph

Article 41: The court of the Madhalim (injustices) is the only authority that can decide whether the change in the situation of the Caliph (Khalifah) removes him from the leadership or not, and it is the only authority that has the power to remove or warn him. more
The Constitution of the Caliphate State,

Article 143: The Zakah

Article 143: Zakah is collected from Muslims, and is taken from the wealth which the Shari’ah has specified such as money, the profits of trade, cattle and grains. It is not taken from anything which the Shari’ah did not mention. It is taken from every owner irrespective of whether they were legally responsible/accountable (Mukallaf) such as the mature, sane person or whether they were not… more
The Constitution of the Caliphate State,

Article 39: The duration and terms of the mandate of the caliph

Article 39: The Caliph (Khalifah) does not have a fixed term of office; as long as the Caliph (Khalifah) preserves the Shari’ah and he implements its rules, and is capable of carrying out the affairs of the State, he remains as a Caliph (Khalifah) as long as his situation does not change to one that would remove him from the leadership of the State. If his state changes in this manner, then it is… more

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