nusr-khilafah-en

Constitution of the Caliphate State for Android

The Constitution of the Caliphate State, the Caliph

Article 25: The Khilafah is a contract of choice and consent

The Constitution of the Caliphate State, Article 25: The Khilafah is a contract of choice and consent, so no one is compelled to accept it, and no one is compelled to choose the one who would undertake it.

Article 25: The Khilafah is a contract of choice and consent, so no one is compelled to accept it, and no one is compelled to choose the one who would undertake it.

The proof for this is the evidence that any Shari’ah contract is completed between two parties since it is a contract like all the other contracts. On top of that, the narration of the Bedoin gave the pledge of allegiance to Allah's Prophet صلى الله عليه وآله وسلمfor Islam. Then the Bedoin got fever at Medina, came to Allah's Prophet and said, "O Allah's Prophet! Cancel my Pledge," But Allah's Prophet صلى الله عليه وآله وسلم refused. Then he came to him (again) and said, "O Allah's Prophet! Cancel my Pledge." But the Prophet صلى الله عليه وآله وسلم refused. Then he came to him (again) and said, "O Allah's Prophet! Cancel my Pledge." But the Prophet refused. The Bedouin finally went out (of Medina) whereupon Allah's Prophet صلى الله عليه وآله وسلم said,

«إِنَّمَا الْمَدِينَةُ كَالْكِيرِ تَنْفِي خَبَثَهَا وَيَنْصَعُ طَيِّبُهَا»

"Medina is like a pair of bellows (furnace): It expels its impurities and brightens and clears its good. (agreed upon by Muslim and Al-Bukhari). As the pledge upon the Khilafah is a pledge upon obedience to the one who has the right to be obeyed from the people of authority, then it is a contract upon choice and consent, and so it is not correct by compulsion; neither compulsion on the one given the pledge nor compulsion upon those who are giving the pledge due to the words of the Messenger :صلى الله عليه وآله وسلم

«إِنَّ اللَّهَ وَضَعَ عَنْ أُمَّتِي الْخَطَأَ وَالنِّسْـيَانَ وَمَا اسْـتُكْرِهُوا عَلَيْهِ»

“Allah has forgiven my nation (Ummati) for mistakes and forgetfulness, and what they are forced to do.” (reported by Ibn Maja through Ibn ‘Abbas), and this is general for every contract including the contract of the Khilafah. Accordingly, every contract that occurs due to compulsion is void, since it has not been contracted. In the same manner as the other contracts, the Khilafah is not contracted by compulsion.

Likewise, the Khilafah is not completed except with two contracting parties like any other contract; so, someone would not be a Khalifah unless someone appoints him to the Khilafah, and so if someone appoints themselves as Khalifah without a pledge from those whom the Khilafah is contracted through, he would not be a Khalifah unless they gave him the pledge with satisfaction and consent, in which case he becomes Khalifah after this pledge; as for before it then he would not be considered such. If the people are forced to give the pledge, the person would not be the Khalifah after this pledge which was taken by compulsion, and the Khilafah would not be contracted to him since it is a contract which is not contracted through compulsion due to the words of the Messenger :صلى الله عليه وآله وسلم

«إِنَّ اللَّهَ وَضَـعَ عَـنْ أُمَّـتِي الْخَطَأَ وَالنِّـسْـيَانَ وَمَا اسْـتُكْرِهُوا عَلَيْهِ»

“Allah has forgiven my nation (Ummati) for mistakes and forgetfulness, and what they are forced to do.” , and what has been forgiven is considered to be void.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 74: The Department of Industry

Article 74: The Department of Industry is in charge of all the affairs connected to industry, whether heavy industry such as the manufacturing of engines, machines, vehicles, materials and electrical equipment, or light industry. Similarly, whether the factories are of the public property type or they are included in the private property and have a relationship to the military industry. All types… more
The Constitution of the Caliphate State,

Article 166: Own independent currency, and not linked to any foreign currency.

Article 166: The State issues its own independent currency, and it is not permitted for it to be linked to any foreign currency. more
The Constitution of the Caliphate State

Article 110: Shura (consultation ) and the adoption of decisions

Article 110: The issues which fall under consultation (Shura) are decided by the opinion of the majority without considering whether it is correct or incorrect. As for any other issues which fall under Shura, the correct opinion is sought without any consideration given to the majority or minority. more
The Constitution of the Caliphate State

Article 75: The Judiciary

Article 75: The Judiciary is the pronouncement of the rule that becomes binding. It settles the disputes between the people and prevents that which harms the community’s rights, or it eliminates the disputes arising between people and members of the ruling system – both rulers and civil servants – from the Head of State downwards. more
The Constitution of the Caliphate State

Article 108: Shura (consultation) and Mashwarah (deliberation)

Article 108: Shura (consultation) and Mashwarah (deliberation) is the taking of opinion in its absolute meaning, and it is not binding in legislation, definitions, and nor intellectual issues such as disclosing facts, nor technical and scientific issues; and it is binding when the Khalifah consults in any operational issue and the actions that do not require research and deep examination. more
The Constitution of the Caliphate State,

Article 54: Powers of governor

Article 54: The governor has the mandatory powers of ruling and responsibility over the tasks of the departments in his governorship as a delegate of the Khalifah, so he has all the powers in his province that the assistant has in the State. He has leadership over the people of his province and control over everything that is connected with it apart from the finances, judiciary and Army. However,… more
The Constitution of the Caliphate State

Article 6: Islamic citizenship, rights and duties

Article 5: All citizens of the Islamic State enjoy the Shari’ah rights and duties. Article 6: The State is forbidden to discriminate at all between the individuals in terms of ruling, judiciary and management of affairs or their like. Rather, every individual should be treated equally regardless of race, Deen, colour or anything else. more