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Constitution of the Caliphate State for Android

The Constitution of the Caliphate State, the Caliph

Article 28: The position of Caliph

The Constitution of the Caliphate State, 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.

Article 28: No one can be Caliph (Khalifa, Khaleefah) 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.

The evidence is that the Caliphate (Khilafah) is a contract upon satisfaction and consent, since its reality as a contract means it is not contracted except through two contracting parties, and ,therefore, no one is the Caliph unless he was appointed to it by those whose agreement completes theconclusion of the contract according to the Shari’ah. So if someone appoints himself Caliph without the pledge from those whom the Caliphate is contracted through, then he would not be a Caliph until his pledge occurs with choice and consent from those whom the conclusion of the contract takes place. So the fact that the Caliphate is a contract necessitates the presence of two contracting parties, with each of them having the necessary Shari’ah qualifications to be entrusted with the contract and conclude it.

If a conqueror came about and took the ruling by force he does not become a Caliph by that, even if he announces himself as Caliphof the Muslims, since the Caliphate was not contracted to him by the Muslims. If he took the pledge of allegiance from the people by force and compulsion, he does not become the Calipheven if he was given the pledge, since the pledge given through compulsion and force is not considered, and so the Caliphate cannot be contracted by it. This is because a contract of choice and consent cannot be completed through compulsion and force, and so it is not contracted except through a pledge given with satisfaction and consent. However, if this conqueror managed to convince the people that it was in the benefit of the Muslims to give him the pledge, and that the implementation of the Shari’ah would be complete through giving the pledge to him – and so the people became convinced and satisfied with that and gave him the pledge of allegiance on that basis with their own choice, then he would become the Caliphfrom the moment that he was given that pledge by the people freely even though he took the authority through force and power. Therefore, the condition is the contracting of the pledge, and this is only reached through consent and choice, irrespective of whether the one who reached it was the ruler and leader, or wasn’t.

Some articles of the Constitution

The Constitution of the Caliphate State

Article 78: The conditions of judges

Article 78: Whoever undertakes the responsibility of judgement must be a Muslim, free, adult, sane, just, a Faqih (person who knows jurisprudence/Fiqh), and aware of how to apply the rules to the events. And the person who undertakes the judiciary of injustices (Madhalim)in addition to the conditions mentioned, must also be male and a Mujtahid (capable of deriving his own Fiqh/conducting Ijtihad). more
The Constitution of the Caliphate State,

Article 170: The basis for the education curriculum

Article 170:It is imperative that Islamic ‘Aqeedah is the basis for the education curriculum. The syllabi and the ways of teaching are all drafted in a manner that does not deviate from this basis. more
The Constitution of the Caliphate State

Article 10: No clergymen in Islam. Islam is responsibility of all Muslims

Article 10: All the Muslims should bear the responsibility of Islam. There are no clergymen in Islam and the State should prohibit any sign of their presence among the Muslims. more
The Constitution of the Caliphate State,

Article 147: Conditions of taxation

Article 147:The State has the right to impose taxes in order to undertake anything that the Shari’ah obligated upon the Ummah if the funds in the Bayt Al-Mal were insufficient since the obligation for funding it would be transferred onto the Ummah. The State has no right to impose a tax for the sake of whatever is not obligatory upon the Ummah to undertake, and so it is not permitted to collect… more
The Constitution of the Caliphate State

Article 18: The rulers and the employees

Article 18: There are four types of rulers: the Khalifah, the delegated assistant, the governor, and the worker (’amil), and whoever falls under the same rule. As for anyone else, they are not considered rulers, but rather employees. more
The Constitution of the Caliphate State,

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
The Constitution of the Caliphate State,

Article 64: Banners and flags of the army

Article 64: The Army is given banners and flags and the Head of State (the Khalifah) gives the banners to whomever he appoints to lead the Army, whereas the flags are provided by the brigadiers. more