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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Ruling & Administration

The Constitution of the Caliphate State,

Article 25: The Khilafah is a contract of choice and consent

The Constitution of the Caliphate State, Article 25: The Khilafah is a contract of choice and consent, so no one is compelled to accept it, and no one is compelled to choose the one who would undertake it.

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Article 26: The right to elect the Caliph

The Constitution of the Caliphate State, Article 26: Every sane, adult Muslim, a male or a female, has the right to elect the leader of the State and to give him the pledge of allegiance; while the non-Muslims do not have such right.

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Article 27: The pledge upon obedience and the pledge of contracting

The Constitution of the Caliphate State, Article 27: If the Khilafah is contracted to an individual by the pledge of those it is valid to be contracted with, the pledge of the remainder of the people is a pledge upon obedience and not a pledge of contracting; and so, any one who is seen to have the potential of rebellion is forced to give the pledge.

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Article 28: The position of Caliph

The Constitution of the Caliphate State, Article 28: No one can be Khalifa unless the Muslims appoint him, and no one possesses the mandatory powers of the leadership of the State unless the contract with him has been concluded according tothe Shari’ah, like any contract in Islam.

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Article 29: Required from a country for a contracting pledge

The Constitution of the Caliphate State, 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 from other countries, there are not such conditions.

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Article 30: Required for the allegiance of the Caliphate

The Constitution of the Caliphate State, 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.

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Article 31: Required for nomination and election of the Caliph

The Constitution of the Caliphate State, Article 31: There are seven conditions for the Caliph to be contracted, which are: to be male, Muslim, free, adult, sane, just, and from the people who have the capability.

Read more: Article 31: Required for nomination and election of the Caliph

Article 32: Vacancy of the position of Caliphate

The Constitution of the Caliphate State, Article 32: If the position of the Caliphate (Khilafah) becomes vacant due to the death of its leader, his resignation or his removal, it is obligatory to appoint a Caliph (Khalifah) within three days from the date that the position of the Caliphate (Khilafah) became vacant.

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Article 33: The temporary Ameer

The Constitution of the Caliphate State, 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:

  1. 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 leader.
  2. If the Caliph (Khalifah) dies or resigns before appointing the temporary leader, or the position of the Caliphate (Khilafah) becomes vacant due to another reason, then the eldest of the assistants becomes the temporary leader unless he intended to be a candidate for the Caliphate (Khilafah) in which case the next senior assistant is to be given the position and so on.
  3. If all of the assistants intend to be candidates, then the eldest of the executive ministers will become the temporary leader or the one after him in seniority if he intends to be a candidate, and so on.
  4. If all of the executive ministers intend to be candidates for the Caliphate (Khilafah), then the position of the temporary leader is given to the youngest executive minister.
  5. The temporary leader does not have the right to adopt rules.
  6. The temporary leader makes all effort to complete the appointment of a new Caliph (Khalifah) within three days, and it is not permitted for this to be extended except due to overwhelming circumstances approved by the Madhalim court.    

 

Read more: Article 33: The temporary Ameer

Some articles of the Constitution

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 134: Land ownership

Article 134:Dead land is possessed through its revival and fencing. Any other type of land is not possessed except through a Shari’ah means such as inheritance, purchase, and donation by the State. more
The Constitution of the Caliphate State,

Article 177: One education curriculum for public and private schools

Article 177: The State’s has one unique curriculum and no other curriculums are allowed to be taught. Private schools are allowed as long as they adopt the State’s curriculum and establish themselves on the State’s educational policy and accomplish the goal of education set by the State, on condition they do not allow mixing between male and female, whether student or teacher, and they are not… more
The Constitution of the Caliphate State

Article 5: Islamic citizenship, rights and duties

Article 5: All citizens of the Islamic State enjoy the Shari’ah rights and duties. Article 6: The State is forbidden to discriminate at all between the individuals in terms of ruling, judiciary and management of affairs or their like. Rather, every individual should be treated equally regardless of race, Deen, colour or anything else. more
The Constitution of the Caliphate State,

Article 60: Examination of governors and their actions

Article 60: The Khalifah must examine the actions of the governors and continually assess their performance strictly. He must deputise people to monitor their situations, investigate them, and periodically gather all or some of them, and listen to the complaints of the subjects regarding them. 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 159: Agricultural affairs and policy

Article 159: The State supervises agricultural affairs and its produce in accordance with the needs of the agricultural policy which is to achieve the potential of the land to its greatest level of production. more