nusr-khilafah-en

Constitution of the Caliphate State for Android

The Constitution of the Caliphate State, the Caliph

Article 35: The right to appoint the Caliph and to remove him

 The Constitution of the Caliphate State, Article 35: The Ummah is the one who appoints the Caliph (Khalifah). However, it does not possess the right to remove him once the pledge of allegiance has been concluded according to the Shari’ah method.

This article has two halves; the first that the Ummah is the one who holds the right to appoint the Caliph (Khalifah); the second being that the Ummah does not possess the right to remove him.

As for the first half, the proof for it is the narrations regarding the pledge of allegiance, since no one possesses the right to undertake the position of the Caliphate (Khilafah) except through the pledge, because the pledge is the method to appoint the Caliph (Khalifah). This is established from the pledge of the Muslims to the Messenger صلى الله عليه وآله وسلم and from the command of the Messenger صلى الله عليه وآله وسلم for us regarding the pledge, and that the righteous Khulafaa’ only undertook the Caliphate (Khilafah) through the pledge of allegiance.

With respect to the second half, its evidence is the order to obey the Caliph (Khalifah) even if he commits something reproachable, or is oppressive, as long as it is not a clear disbelief. It is narrated by Muslim from Ibn ‘Abbas that the Messenger of Allah صلى الله عليه وآله وسلم said

«مَنْ رَأَى مِنْ أَمِيرِهِ شَيْئًا يَكْرَهُهُ فَلْيَصْبِرْ، فَإِنَّهُ مَنْ فَارَقَ الْجَمَاعَةَ شِبْرًا فَمَاتَ فَمِيتَةٌ جَاهِلِيَّةٌ»

One who found in his Amir something which he disliked should hold his patience, for one who separated from the main body of the Muslims even to the extent of a handspan and then he died would die the death of one belonging to the days of Jahiliyya., and the word “his Amir” is general, and the Caliph (Khalifah) falls under it since he is the Amir of the believers. And in the narration of Yazid b. Salamah Al-Ju’fi in Tabarani in which he said: “O Prophet of Allah, what do you think if we have rulers who rule over us and demand that we discharge our obligations towards them, but they (themselves) do not discharge their own responsibilities towards us? What do you order us to do? The Messenger of Allah صلى الله عليه وآله وسلم avoided giving any answer. Salama asked him again. He صلى الله عليه وآله وسلم (again) avoided giving any answer. Then he asked again-it was the second time or the third time-when Ash'ath b. Qais pulled him aside and said:

«اسْمَعُوا وَأَطِيعُوا فَإِنَّمَا عَلَيْهِمْ مَا حُمِّلُوا وَعَلَيْكُمْ مَا حُمِّلْـتُمْ»

Listen to them and obey them, for on them shall he their burden and on you shall be your burden.

Al-Bukhari and Muslim reported (with the wording here from Muslim) through ‘Ubadah b. Samit who said:

«دَعَانَا رَسُولُ اللَّهِ صلى الله عليه وآله وسلم فَبَايَعْنَاهُ فَكَانَ فِيمَا أَخَذَ عَلَيْنَا أَنْ بَايَعَنَا عَلَى السَّمْعِ وَالطَّاعَةِ فِي مَنْشَطِنَا وَمَكْرَهِنَا وَعُسْرِنَا وَيُسْرِنَا وَأَثَرَةٍ عَلَيْنَا وَأَنْ لاَ نُنَازِعَ الأَمْرَ أَهْلَهُ قَالَ: إِلاَّ أَنْ تَرَوْا كُفْرًا بَوَاحًا عِنْدَكُمْ مِنَ اللَّهِ فِيهِ بُرْهَانٌ»

The Prophet صلى الله عليه وآله وسلم called us and we gave him the Pledge of allegiance for Islam, and among the conditions on which he took the Pledge from us, was that we were to listen and obey (the orders) both at the time when we were active and at the time when we were tired, and at our difficult time and at our ease and to be obedient to the ruler and give him his right even if he did not give us our right, and not to fight against him unless we noticed him having open Kufr (disbelief) for which we would have a proof with us from Allah” And it is narrated from Abu Dharr that the Messenger of Allah صلى الله عليه وآله وسلم said,

«يَا أَبَا ذَرٍّ، كَيْفَ أَنْتَ عِنْدَ وُلاَةٍ يَسْتَأْثِرُونَ عَلَيْكَ بِهَذَا الْفَيْءِ؟ قَالَ: وَالَّذِي بَعَثَكَ بِالْحَقِّ، أَضَعُ سَيْفِي عَلَى عَاتِقِي فَأَضْرِبُ بِهِ حَتَّى أَلْحَقَكَ، قَالَ: أَفَلاَ أَدُلُّكَ عَلَى خَيْرٍ لَكَ مِنْ ذَلِكَ؟ تَصْبِرُ حَتَّى تَلْقَانِي»

“O Abu Dharr, how would you act with those governors who would take sole possession of this booty?” He said “By the One who sent you with the Truth, I would place my sword over my shoulder and then fight until I meet with you (die)”. He صلى الله عليه وآله وسلم said, “Should I not tell you what is better than that? Have patience until you meet me” (reported by Ahmed and authenticated by Al-Zain, and it is also reported by Abu Dawud).

In all of these narrations the Caliph (Khalifah) acted in a way that would mandate his removal and despite that the Messenger صلى الله عليه وآله وسلم ordered obedience to him and to be patient over his oppression, which indicates that the Ummah does not have the right to remove the Caliph (Khalifah).

Additionally, the Messenger صلى الله عليه وآله وسلم refused to allow the Bedouin to cancel his pledge of allegiance. It is narrated by Jabir Bin ‘Abd Allah that a Bedouin gave the pledge of allegiance to the Messenger of Allah صلى الله عليه وآله وسلم and then became ill and so said, “Cancel my pledge”, so he صلى الله عليه وآله وسلم refused. Then he returned and said, “Cancel my pledge”, so he صلى الله عليه وآله وسلم refused. So the man left. The Messenger صلى الله عليه وآله وسلم said

«إِنَّمَا الْمَدِينَةُ كَالْكِيرِ تَنْفِي خَبَثَهَا وَيَنْصَعُ طَيِّبُهَا»

“Madina is like the blacksmith's furnace. It removes the impurities and purifies the good. which indicates that if the pledge is given it is binding upon those who gave it and which means they do not have the right to remove the Caliph (Khalifah) since they do not have the right to cancel their pledge of allegiance to him. It cannot be argued that the Bedouin wanted to leave Islam and not just the obedience to the ruler through his cancellation of the pledge of allegiance. This cannot be justified since if he did that then his action would have been one of apostasy and the Messenger صلى الله عليه وآله وسلم would have killed him, because the apostate is killed. Also, the pledge is not a pledge upon Islam but rather a pledge upon obedience. Accordingly he wanted to remove himself from the obedience and not from Islam. Consequently, it is not correct for the Muslims to turn away from their pledge and so they do not possess the right to remove the Caliph (Khalifah).

However, the Shari’ah clarifies at what point the Caliph (Khalifah) removes oneself without a need to be removed, and when he deserves to be removed, and none of these mean that the Ummah has the right to remove him. Rather they account him with the powerful word of truth against oppression and fight against him if he announces clear disbelief. The power to remove him when he deserves it is held by the Madhalim court.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 47: Conducting of delegated assistant

Article 47: If the assistant conducted an issue, and the Khalifah ordered him to do it, then he must implement it as the Khalifah ordered him to do so, without any addition or deletion. If the Khalifah returned to oppose the assistant rejecting what he has already executed, then the matter is examined; if it was a rule that he had implemented properly, or wealth that he placed in of its right… 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 32: Vacancy of the position of Caliphate

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. more
The Constitution of the Caliphate State,

Article 119: Prohibition of all that what threatens to undermine morality or society.

Article 119: It is prohibited for any man or woman to undertake any work which could undermine the morals, or causes corruption in the society. more
The Constitution of the Caliphate State,

Article 88: Appointment and accountability of the judge of Madhalim

Article 88: The judge of the Court of Injustices (Madhalim) is appointed by the Khalifah, or by the Supreme Judge. His accounting, discipline and removal are done by the Khalifah or by the Supreme Judge if the Khalifah had given him the powers to do so. However he cannot be removed during his investigation of a Madhlamah against the Khalifah, or the executive assistants, or the Supreme Judge;… more
The Constitution of the Caliphate State,

Article 116: The woman and ruling positions

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. more
The Constitution of the Caliphate State,

Article 62: Jihad

Article 62: Jihad is obligatory upon the Muslims and military training is compulsory. Every male Muslim who has reached the age of 15 is obligated to undertake military training in order to prepare him for Jihad. Recruitment is an obligation of sufficiency. more

Regarding Declaration of ISIS the Establishment of the Caliphate (Khilafah)

To all the brothers and sisters who sent inquiries about the declaration of the organization's ISIS establishment of the Caliphate State... The matter of the Islamic Caliphate is great and its matter…

Method of Establishing the Caliphate and the Dominant Sultan

There are some comments that state: " the method of seeking the Nussrah (material support) to establish the Khilafah is not the only legitimate way, there is another method, which is "the method of…