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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

The Constitution of the Caliphate State,

Article 53: Preconditions of governor and ’Ummal

Article 53: The Khalifah appoints the governors. The ’Ummal (workers) are appointed by the Khalifah and by the governors if they have been delegated that power. The preconditions of the governor and ’Ummal are the same as the conditions for the assistants, so it is imperative that they are free, just, Muslim, adult men and are from the people who have the capability to do what they are assigned… more
The Constitution of the Caliphate State

Article 12: The sources of legislation

Article 12: The Book, the Sunnah, the Ijmaa’ of the Sahabah and the Qiyas (analogy) are the only evidences considered in Shari’ah laws, and it is not permitted to adopt any legislation from other than these evidences. more
The Constitution of the Caliphate State,

Article 122: Custody of children

Article 122: Custody of the child is a right and duty upon the mother, irrespective of whether she is a Muslim or not as long as the child needs this care. If the child no longer needs the care, then the situation is examined. If both of the parents are Muslim then the child, whether boy or girl, chooses whomever they would like to live with, and they will join whomever they choose, irrespective… more
The Constitution of the Caliphate State,

Article 182: Relations with foreign countries

Article 182: It is absolutely forbidden for any individual, party, group or association to have relations with a foreign state. Relations with foreign countries are restricted to the State alone because the State has the sole right of governing the affairs of the Ummah practically. The Ummah can account the State regarding foreign relations. more
The Constitution of the Caliphate State,

Article 117: The provisions of the private and public life

Article 117: The woman lives in public and private spheres; in the public sphere she is permitted to live with women, Maharim men, and foreign men (men whom she can marry) on the condition that nothing other than her face and hands can be revealed, and that the clothing is not revealing, besides there is not any open display of adornments. As for the private sphere, she is not permitted to live… more
The Constitution of the Caliphate State,

Article 65: The Commander of army and military ranks

Article 65: The Khalifah is the Commander of the Army and he appoints the Chief of General Staff, a general for each brigade, and a commander for every division. The remaining ranks in the Army are appointed by the brigadiers and commanders. The appointment of a person in the General Staff is according to his level of military expertise and is carried out by the Chief of General Staff. more
The Constitution of the Caliphate State,

Article 177: One education curriculum for public and private schools

Article 177: The State’s has one unique curriculum and no other curriculums are allowed to be taught. Private schools are allowed as long as they adopt the State’s curriculum and establish themselves on the State’s educational policy and accomplish the goal of education set by the State, on condition they do not allow mixing between male and female, whether student or teacher, and they are not… more