nusr-khilafah-en

Constitution of the Caliphate State for Android

The Constitution of the Caliphate State, the Caliph

Article 26: The right to elect the Caliph

 The Constitution of the Caliphate State, Article 26: Every sane, adult Muslim, a male or a female, has the right to elect the leader of the State and to give him the pledge of allegiance; while the non-Muslims do not have such right.

Article 26: Every sane, adult Muslim, a male or a female, has the right to elect the leader of the State and to give him the pledge of allegiance; while the non-Muslims do not have such right.

The reality of the Khilafah is evidence that every Muslim has the right to elect the Khalifah and to give him the pledge, since there are narrations which indicate that it is the Muslims who give the pledge of allegiance to the Khalifah, irrespective of whether they were male or female; it is narrated by ‘Ubadah b. Samit

«بَايَعْنَا رَسُولَ اللَّهِ صلى الله عليه وآله وسلم ...»

“We gave the oath of allegiance to the Messenger of Allah…” reported by Al-Bukhari, and narrated from Um Attiyya who said

«بايعنا رسول الله صلى الله عليه وآله وسلم ...»

“We have the oath of allegiance to the Messenger of Allah…” also from Al-Bukhari, and what Ibn Kathir reported in Al-Bidayah Wal-Nihayah when ‘Abd al Rahman b. ‘Auf was appointed to take the opinion of the Muslims as to who should be the Khalifah he said “He took men’s and women’s opinions”, and not one of the companions rebuked him over this. So every Muslim, a male or a female, has the right to elect the Khalifah and to give him the pledge of allegiance. As for the non-Muslims they have no right in these issues since the pledge of allegiance is upon the Book and the Sunnah and he does not believe in either of them, since if he believes in them he would be a Muslim.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 174: Empirical- and the cultural sciences

Article 174: A distinction should be drawn between the empirical sciences such as mathematics on the one hand and the cultural sciences on the other. The empirical sciences and all that is related to them are taught according to the need and are not restricted to any stage of education. As for the cultural sciences, they are taught at the primary and secondary levels according to a specific… more
The Constitution of the Caliphate State,

Article 161: Foreign trade is assessed on the basis of the citizenship

Article 161: Foreign trade is assessed on the basis of the citizenship of the trader and not the origin of the goods. Merchants from countries in a state of war with the State are prevented from trading in the State, unless given a special permission for the merchant or the goods. Merchants from countries that have treaties with the State are treated according to the terms of the treaties.… more
The Constitution of the Caliphate State,

Article 191: Participation in organizations

Article 191: The State is forbidden to belong to any organisation which is based on anything other than Islam or which applies non-Islamic rules. This includes international organisations like the United Nations, the International Court of Justice, the International Monetary Fund and the World Bank, and regional organisations like the Arab League. more
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 135: Land lease

Article 135:It is completely prohibited to rent land for agriculture, irrespective of whether the land was Kharajiyyah or ‘Ushriyyah. Likewise, temporary share-cropping is also prohibited. Musaaqa (renting trees for a portion of their yields) is permitted without restriction. 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 42: The Delegated assistant

Article 42: The Khalifah appoints a delegated assistant or more for himself, who carry the responsibilities of ruling. So he delegates to them the management of affairs, where they conduct them according to their opinion and Ijtihad. On the death of the Khalifah, the role of his assistants ends, and they do not continue in their work except for the period of the temporary leader. more