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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Ruling & Administration

Article 51: Powers of executive assistant

The Constitution of the Caliphate State,

Article 51The executive assistant is directly connected to the Khalifah, like the delegated assistant, and is considered as an assistant but only in terms of execution and not in ruling.

The Khalifah is the ruler who undertakes the ruling and the implementation, and governing the peoples’ affairs. Undertaking the ruling, implementation and governing requires administrative work and this necessitates the creation of a specific structure which would be with the Khalifah to manage the affairs which are required by the responsibilities of the Khilafah. So this necessitates assistants who are appointed by the Khalifah to execute and carry out the administrative actions, not the actions of ruling. So their action is to assist the Khalifah in administration, not ruling, and so he does not undertake any action of ruling that the delegated assistant would do. Therefore, he is not appointed as a governor or worker (’Amil), and does not govern the peoples’ affairs, but rather his work is administrative to execute the ruling actions, and the administrative actions that are issued from the Khalifah and the delegated assistants. For that reason, he is called the executive assistant.

The jurists called him the executive minister (Wazir Al-Tanfidh); in other words, the executive assistant, on the basis that the word Wazir linguistically indicates the assistant, and they said: this Wazir is the interface between the Khalifah and the subjects and governors, he carries out what the Khalifah orders, executes what is issued, follows through what is ruled, informs about the assignment of governorship and the preparation of the military and defence. He also presents to the Khalifah the replies back from them, and whatever has occurred in order to carry out whatever he has been ordered. So he is the one assigned for the execution of the affairs, and not as a governor over them, nor empowered over them. He is similar to the head of the office of the Presidents in the contemporary era.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 44: Empowering of delegated assistant

Article 44:It is a condition for the empowering of a delegated assistant (Tafwid), that his empowerment encompasses two issues: The first being general responsibility, and the second being the representation. Accordingly, it is necessary for the Khalifah to say to him “I appoint you on my behalf as my deputy” or anything that is of a similar meaning from the wordings that encompass the general… more
The Constitution of the Caliphate State,

Article 87: The judge of Madhalim (Injustices)

Article 87: The judge of the Court of Injustices (Madhalim)is appointed to remove all injustices which have been inflicted upon any person who lives under the authority of the State, irrespective of whether the person is from the subjects of the State or not, and irrespective of whether the injustice was committed by the Khalifah or anyone below him from the rulers and civil servants. more
The Constitution of the Caliphate State,

Article 133: Tithed land (‘Ushriyyah), taxed land (Kharajiyyah)

Article 133: Tithed land (‘Ushriyyah) constitutes land within the Arabian Peninsula and land whose owners had embraced Islam, whilst possessing the land, before the Islamic State conquered them by Jihad. Taxed land (Kharajiyyah) is all land, other than the Arabian Peninsula, which was opened by jihad, whether through war or peace treaties. The ‘Ushriyyah land, together with its benefits, is owned… more
The Constitution of the Caliphate State,

Article 26: The right to elect the Caliph

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. 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 148: State budget

Article 148: The budget of the State has permanent chapters determined by Shari’ah rules. As for the sections of the budget, the amounts allocated for each section, and the issues of each sectioncovered by these amounts are left to the opinion of the Khalifah and his Ijtihad. 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

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