nusr-khilafah-en

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

The Constitution of the Caliphate State,

Article 120: Marital life

Article 120: Marital life is one of tranquillity; and the couple should live together as companions. The guardianship (Qawwamah) of the husband over the wife is a guardianship of care and not ruling. It has been made obligatory for her to obey him, and obligatory upon him to financially support her according to the expected standard of living of one like her. more
The Constitution of the Caliphate State,

Article 85: Authority of the Muhtasib

Article 85: The Muhtasib has the authority to judge upon violations as soon as he learns of them, irrespective of the location and without the need to hold a court session. A number of policemen are put at his disposal to carry out his orders and to execute his verdicts immediately. more
The Constitution of the Caliphate State,

Article 176: Relation of Arts and crafts to science or culture

Article 176: Arts and crafts may be related to science, such as commerce, navigation and agriculture. In such cases, they are studied without restriction or conditions. Sometimes, however, arts and crafts are connected to culture and influenced by a particular viewpoint of life, such as painting and sculpting. If this viewpoint of life contradicts the Islamic viewpoint of life, these arts and… more
The Constitution of the Caliphate State

Article 15: The means to Haram (unlawful) is forbidden

Article 15: The means to Haram (unlawful) are forbidden if they most likely lead to Haram. But if there is a doubt that a means might lead to Haram, then this means will not be forbidden. more
The Constitution of the Caliphate State

Article 20: Right and duty to accountable the rulers

Article 20: Accounting of the rulers by Muslims is one of their rights and an obligation of sufficiency upon them. The non-Muslim subjects have the right to voice complaint regarding the ruler’s injustice towards them or misapplication of the rules of Islam upon them. more
The Constitution of the Caliphate State,

Article 171:The education policy

Article 171:The education policy is to form the Islamic mentality and disposition. Therefore, all subjects in the curriculum must be chosen on this basis. more
The Constitution of the Caliphate State,

Article 150: When it's allowed taxes are levied?

Article 150: If the permanent revenues of the Bayt Al-Mal are not sufficient to cover the expenditure of the State, then it is possible to impose taxes upon the Muslims. It becomes obligatory to impose taxes as follows: a. To fulfil the obligatory expenses upon the Bayt Al-Mal for the poor, needy, and wayfarers, and to undertake the obligation of Jihad. b. To fulfil the obligatory expenses upon… 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…