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Constitution of the Caliphate State for Android

The Constitution of the Caliphate State, the Caliph

Article 27: The pledge upon obedience and the pledge of contracting

The Constitution of the Caliphate State, Article 27: If the Khilafah is contracted to an individual by the pledge of those it is valid to be contracted with, the pledge of the remainder of the people is a pledge upon obedience and not a pledge of contracting; and so, any one who is seen to have the potential of rebellion is forced to give the pledge.

Article 27: If the Khilafah is contracted to an individual by the pledge of those it is valid to be contracted with, the pledge of the remainder of the people is a pledge upon obedience and not a pledge of contracting; and so, any one who is seen to have the potential of rebellion is forced to give the pledge.

The evidence for this is what happened in the pledge of the four Khulafaa’, because it was an Ijma’ of the companions. In the pledge of Abu Bakr (ra), the people of power and influence (Ahl Al-Hal wal-‘Aqd) of Madinah alone were sufficient, and that was the case in the pledge of Umar (ra), and in the pledge of ‘Uthman (ra) it was enough to take the opinion of the Muslims in Madinah, and take the pledge from them, and in the pledge of Ali (ra) the pledge of the majority of the people of Madinah and Kufa was enough. All of this indicates that it is not necessary that all the Muslims have to give the pledge in order to contract the Khilafah; rather the pledge of most of their representatives is enough. As for the remainder, then if they gave a pledge their pledge is upon obedience.

With respect to forcing those whom may rebel to take the pledge after the pledge of the majority of the representatives, the evidence is the resolve of our master Ali (ra) to make Mu’awiyah give him the pledge and agree with what the people had agreed, and his forcing of Talha and Az-Zubayr to take his pledge, and none of the companions rebuked him for doing so, though some of them gave him advice not to remove Mu’awiyah from the governorship of As-Sham. The silence of the companions upon the actions of one of them, if it was from the actions that are rebuked – such as forcing someone to take the pledge whereas it is a contract upon satisfaction and consent – is considered to be an Ijma’ of silent consent, and is considered a Shari’ah evidence.

Some articles of the Constitution

The Constitution of the Caliphate State

Article 21: The political parties

Article 21:The Muslims have the right to establish political parties in order to account the rulers or to reach the rule through the Ummah on the condition that their basis is the Islamic 'Aqeedah and that the rules they adopt are Shari’ah rules. The formation of a party does not require any permission. Any group formed on an un-Islamic basis is prohibited. 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 43: Conditions for Delegated Assistants

Article 43: The conditions for the assistant are the same as the conditions for the Khalifah; in other words, to be male, free, Muslim, adult, sane, just; and he is from the people of the capability in whatever actions were delegated to him. 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 169: The State bank

Article 169: It is completely prohibited to open banks, and the only one permitted will be the State bank, and there are no transactions upon interest. This will be dealt with by a particular department of the Bayt Al-Mal. Financial loans will be undertaken in accordance with the rules of the Shari’ah and the financial and currency transactions will be facilitated. 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 125: Guarantee the satisfaction of needs

Article 125: It is obligatory to guarantee that all the basic needs are met for everyone, and are completely met on an individual basis, and to guarantee that every individual is facilitated to satisfy the extra needs (non-essential needs) to the highest level possible. more