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Constitution of the Caliphate State for Android

The Constitution of the Caliphate State, the Caliph

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

The Constitution of the Caliphate State, 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 obligatory to remove him from his position at that time.

The proof for this is that the text of the pledge of allegiance mentioned in the narrations came in an absolute form and was not restricted by any specific period. Additionally, the righteously guided Khulafaa’ were each contracted upon a pledge in an absolute form, which was the pledge mentioned in the narrations, and their terms were not fixed. So each one of them undertook the Caliphate (Khilafah) from the time they were contracted until they died, which is an Ijma’ of the companions that the Caliphate (Khilafah) does not have a fixed term, rather it is absolute, and if someone is contracted, they remain as Caliph (Khalifah) until they die. This is the case unless something occurs to the Caliph (Khalifah) which would remove him, or make it necessary to remove him at that time. But this is not a limit upon the term of the Caliphate (Khilafah), rather it would be something that occurred which led to a deficiency in the conditions of the Caliphate (Khilafah), since the form of the pledge of allegiance which has been determined by the Shari’ah texts and the Ijma’ of the companions made the Caliphate (Khilafah) an indeterminate term. However, it is limited by the undertaking of what he was contracted upon, which was the Book and the Sunnah, in other words, the implementation of the Shari’ah; if he did not protect the Shari’ah or did not implement it, then he would display open disbelief which would make resistance against him obligatory upon the Ummah due to the narration

«إِلاَّ أَنْ تَرَوْا كُفْرًا بَوَاحًا»

“Unless you witness open Kufr” (agreed upon narration from ’Ubadah b. Al-Samit).

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 28: The position of Caliph

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. more
The Constitution of the Caliphate State,

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

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. more
The Constitution of the Caliphate State,

Article 74: The Department of Industry

Article 74: The Department of Industry is in charge of all the affairs connected to industry, whether heavy industry such as the manufacturing of engines, machines, vehicles, materials and electrical equipment, or light industry. Similarly, whether the factories are of the public property type or they are included in the private property and have a relationship to the military industry. All types… more
The Constitution of the Caliphate State

Article 4: What may and what may not be adopted

Article 4: The Khalifah does not adopt any specific Shari’ah rule in matters related to rituals (‘Ibadaat) except in Zakat and Jihad, and whatever is necessary to protect the unity of the Muslims, and nor does he adopt any thought from among the thoughts related to the Islamic 'Aqeedah. more
The Constitution of the Caliphate State,

Article 93: The right to appoint proxy in the disputes and defence

Article 93: Every person has the right to appoint whomsoever he wishes as a proxy (Wakeel) for oneself in the disputes and defence, irrespective of whether he is Muslim or not, male or female. There is no distinction in this matter between the commissioner and the proxy. The proxy is permitted to be appointed for a fee according to the terms agreed upon with the commissioner. 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 137: Categories of Public Ownership

Article 137: There are three categories of Public Ownership: a. Public utilities, such as the open spaces in the towns. b. Vast mineral resources, like oil fields. c. Things which, by their nature, preclude ownership by individuals, such as rivers. more