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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 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 89: Unlimited number of judges of Madhalim

Article 89: There is no limit to the number of judges that can be appointed for the Court of Injustice Acts (Madhalim), rather the Khalifah can appoint as many as he may deem necessary to eradicate the Madhalim (injustice acts), whatever that number may be. Although it is permitted for more than one judge to sit in a court session, only one judge has the authority to pronounce a verdict. The… more
The Constitution of the Caliphate State,

Article 115: Women in the state apparatus

Article 115: It is permitted for a woman to be appointed in civil service and positions in the judiciary apart from the Court of Injustices. She can elect members of the Ummah’s council, and be a member herself, and she can participate in the election of the Head of State and in giving him the pledge of allegiance. more
The Constitution of the Caliphate State,

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
The Constitution of the Caliphate State

Article 77: Types of judiciary

Article 77: The Judges are of three types: One is the Judge (Qadi), and he undertakes settling the disputes between people over transactions and penal codes. The second is the Muhtasib, who undertakes the settling of any breach of law that may harm the rights of the community. The third is the judge of the Court of Injustices (Madhalim), who undertakes the settling of disputes between the people… more
The Constitution of the Caliphate State,

Article 173: Islamic sciences and Arabic in the weekly classes

Article 173: There must be weekly classes in Islamic sciences and Arabic, with the same time and amount allocated as the classes for the rest of the sciences. more
The Constitution of the Caliphate State,

Article 113: In origin men and women are segregated

Article 113: In origin men and women are segregated, and do not come together except for a need by Shar’ agreesto it and agrees to their assembly for it , such as trade and the pilgrimage. more