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Constitution of the Caliphate State for Android

The Constitution of the Caliphate State, the Caliph

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.

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.

The proof for this is the evidences that were narrated regarding the characteristics of the Caliphate. In some oft the narrations regarding his characteristics the request is non-decisive, such as his صلى الله عليه وآله وسلم words

«إِنَّ هَذَا الأَمْرَ فِي قُرَيْشٍ»

“The authority of ruling (Al-amr) is in Quraysh” (reported by Al-Bukhari from Mu’awiyah). This narration is informative, and it is in the informative form, and though it conveys the meaning of a request, it is not considered decisive as long as it is not accompanied by an indication that confirms its decisiveness, and there is no such indication from an authentic narration. As for what is transmitted in the narration,

«لاَ يُعَادِيهِمْ أَحَدٌ إِلاَّ كَبَّهُ اللَّهُ عَلَى وَجْهِهِ مَا أَقَامُوا الدِّينَ»

“Whoever bears hostility to them, Allah will destroy him as long as they abide by the laws of religion” – this is to do with showing enmity to them and not as a confirmation for his صلى الله عليه وآله وسلم words

«إن هذا الأمر في قريش»

“The authority of ruling (Al-Amr) is in the Quraysh”. This is apart from the fact that the word “Quraysh” is a noun and not an adjective, and is called a Laqab (title) in Usul Al-Fiqh, and the understanding (Mafhum) of the noun, or Laqab is not acted upon since the noun or Laqab does not have a Mafhum. For that reason the text about the Quraysh does not mean that other than they cannot be appointed.

Based upon this, this narration indicates a preferred condition and not a condition of contracting due to the absence of an indication that would make the request decisive; rather there is an indication that makes it non-decisive. When the Messenger صلى الله عليه وآله وسلم offered himself to the tribe of ‘Amir Bin Sa’asa’a who asked

«أَيَكُونُ لَنَا الأَمْرُ مِنْ بَعْدِكَ» قال: «إِنَّ الأَمْرَ للَّهِ يَضَعُهُ حَيْثُ يَشَاءُ»

“Will the matter (authority of ruling) remain with us after you”, to which he صلى الله عليه وآله وسلم said “The matter (authority of ruling) is in the Hand of Allah; He gives it to whoever He wills”, narrated by Ibn Ishaq from Al-Zuhri, then this indicates that the request was non-decisive since the reply of the Messenger صلى الله عليه وآله وسلم indicates the permission for the order to be with them after him صلى الله عليه وآله وسلم , and permitted to be with other than them, which indicates that the condition of being from Quraysh is a condition of preference.

As for the conditions of contracting, they are those that are related with a decisive request such that their absence leads to an absence of contracting (as is understood from the definition of what is a condition). In other words, the result of its absence would mean the invalidity of the Caliph for him if he was not from Quraysh. The reply of the Messenger صلى الله عليه وآله وسلم to the tribe of ‘Amir takes the request away from being decisive, as opposed to what has been narrated in the texts for the conditions of contracting. For example, the condition of maturity comes from the fact that the Messenger صلى الله عليه وآله وسلم refused to take the pledge of allegiance from a child – when he refused to take allegiance from ‘Abd Allah b. Hisham – and the reason was due to his young age. Therefore, it is evidence that it is a condition for the Caliphate to be adult, since if the pledge is not correct from the child then by greater reasoning it would not be correct for the child to be the Caliphate.

Whatever characteristic has been mentioned by a decisive request is considered a condition for the contracting of the Caliph with him, and anything else is not made a condition for contracting even if there is a text which mentions it as long as the request was non-decisive.

Some articles of the Constitution

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Article 84: The Muhtasib

Article 84: The Muhtasib is the judge who investigates all cases, in the absence of an individual litigation, involving the rights of the public that do not involve the Hudud (proscribed punishments) and criminal acts. more
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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
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Article 8: Arabic, language of Islam and State

Article 8: The Arabic language is exclusively the language of Islam and it is the only language used by the State. more
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Article 164: Free healthcare for all

Article 164:The State provides free healthcare for all, but it does not prevent the use of private medical care or the sale of medicine. more
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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
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Article 67: The educational intellectual and cultural preparing of the Army

Article 67: It is obligatory to provide the Army with the highest level of military education and raise its intellectual level as far as possible. Every individual in the Army should be given Islamicculture that enables him to have an awareness of Islam, to at least a general level. more
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Article 36: The powers of the Caliph

Article 36: The Caliph (Khalifah) possesses the following powers: He is the one who adopts the Shari’ah rules derived by a correct Ijtihadfrom the Book of Allah (swt) and the Sunnah of his Messengernecessary for managing the affairs of the Ummah so that they become laws (Qawanin) which are obligatory to obey, and it is not permitted to oppose them. He is responsible for governing the domestic and… more