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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 44: Empowering of delegated assistant

Article 44:It is a condition for the empowering of a delegated assistant (Tafwid), that his empowerment encompasses two issues: The first being general responsibility, and the second being the representation. Accordingly, it is necessary for the Khalifah to say to him “I appoint you on my behalf as my deputy” or anything that is of a similar meaning from the wordings that encompass the general… more
The Constitution of the Caliphate State,

Article 184:Political manoeuvres

Article 184: Political manoeuvres are necessary in foreign policy, and the effectiveness of these manoeuvres is dependent on concealing (your) aims and disclosing (your) acts. more
The Constitution of the Caliphate State,

Article 99: Management and responsibilities of interests and departments

Article 99 :A general manager has to be appointed for each office; and every department and administration has a manager who is responsible for its management, and is directly responsible for it; and they are accountable in terms of their work to whoever is in charge of the highest post of their offices, departments or administrations; and they are accountable in terms of their adherence to the… 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 188: Carrying the call to Islam

Article 188: The foreign policy revolves around carrying the call to Islam; and the relationship between the State and all of the other states is built upon this basis. more
The Constitution of the Caliphate State

Article 3: Adoption of the constitution and laws

Article 3: The Khalifah adopts specific Shari’ah rules which he will enact as a constitution and laws. If he adopts a Shari’ah rule, this rule alone becomes the Shari’ah rule that must be acted upon and it becomes a binding law that every citizen must obey openly and privately. more
The Constitution of the Caliphate State,

Article 178: Education is compulsory and free for all

Article 178: It is an obligation upon the State to teach every individual those matters that are necessary for the mainstream of life, male or female, in the primary and secondary levels of education. This must be provided free of charge to everyone, and the State should, to the best of its ability, provide the opportunity for everyone to continue higher education free of charge. more