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Constitution of the Caliphate State / Administrative System, Treasury, Media

Article 97: The policy of the administration

The Constitution of the Caliphate State, Article 97: The policy of the administration of services is based on simplicity of the system, speed in processing tasks and competence of the administrators.

This is taken from the nature of processing the services, for the person who requires a service needs to have it quickly and efficiently processed. The Messenger of Allah said

«إِنَّ اللَّهَ كَتَبَ الإِحْسَانَ عَلَى كُلِّ شَيْءٍ، فَإِذَا قَتَلْـتُمْ فَأَحْسِنُوا الْقِتْلَةَ، وَإِذَا ذَبَحْـتُمْ فَأَحْسِنُوا الذَّبْحَ ...»

Verily Allah has prescribed Ihsan (proficiency, perfection) in all things. So if you kill then kill well; and if you slaughter, then slaughter well...”(narrated by Muslim from Shaddad b. Aws). Therefore, the perfection in executing actions is ordered by the Shari’ah. To achieve this, the administration should observe three qualities. Firstly: the simplicity of the system that would lead to the ease of processing, whereas complication would lead to hardship. Secondly: the speed in processing the transactions that would spare people of unnecessary delay. Thirdly: the ability and competence of the employees. This is required to perfect the performance and result of the task.

The reported evidences regarding these three include:

Simplicity

-          The agreed upon narration from Abu Musa with the wording from Al-Bukhari: from Sa‘id b. Abi Burdah from his father from his grandfather: When the Messenger  صلى الله عليه وآله وسلم sent Mu’ath Bin Jabal he said:

«يَسِّرَا وَلا تُعَسِّرَا، وَبَشِّرَا وَلا تُنَفِّرَا، وَتَطَاوَعَا ...»

-                      “Show leniency (to the people); do not be hard upon them; give glad tidings (of divine favors) to them; and don’t create aversion; work in collaboration.

-                      The agreed upon narration from Anas, he said:

«يَسِّرُوا وَلا تُعَسِّرُوا، وَسَكِّنُوا وَلا تُنَفِّرُوا»

-          The Prophet  صلى الله عليه وآله وسلم said: Show leniency (to the people) and do not be hard upon them; calm people and do not arouse their aversion.”

-          The narration of Amr b. Murra found with Al-Hakim who authenticated it and Al-Dhahabi confirmed it, he said: I heard the Messenger of Allah  صلى الله عليه وآله وسلم say

«مَنْ أَغْلَقَ بَابَهُ دُونَ ذَوِي الْحَاجَةِ وَالخِلَّةِ وَالْمَسْكَنَةِ، أَغْلَقَ اللَّهُ بَابَ السَّمَاءِ دُونَ خِلَّتِهِ وَحَاجَتِهِ وَفَقْرِهِ وَمَسْكَنَتِهِ»

-                      “Whoever closes his door to those of need, those with nothing, and the poor, Allah will close the door of the sky to his need, poverty, and want.”

-                      The narration of Abu Maryam Al-Azdi with Al-Hakim who authenticated it and Al-Dhahabi confirmed it: I heard the Messenger of Allah

«مَنْ وَلِيَ مِنْ أَمْرِ الْمُسْلِمِينَ شَيْئاً فَاحْـتَجَبَ دُونَ خِلَّتِهِمْ وَحَاجَتِهِمْ وَفَقْرِهِمْ وَفَاقَتِهِمْ، احْـتَجَبَ اللَّهُ عَزَّ وَجَلَّ يَوْمَ القِيَامَةِ دَونَ خِلَّتِهِ وَفَاقَتِهِ وَحَاجَتِهِ وَفَقْرِهِ»

-                      “If Allah puts anyone in the position of authority over the affairs of the Muslims, and he secludes himself (from them), not fulfilling their needs, wants, and poverty, Allah will keep Himself away from him, not fulfilling his need, want and poverty.. Al-Hakim said in Al-Mustadrak ‘Ala Al-Sahihayn: This narration has an authentic chain, Bukhari and Muslim did not report it, and its chain is an authentic shami one.

-          The narration of Mu’adh with Ahmad and authenticated by Al-Zain: The Messenger of Allah  صلى الله عليه وآله وسلم said:

«مَنْ وَلِيَ مِنْ أَمْرِ النَّاسِ شَيْئًا فَاحْتَجَبَ عَنْ أُولِي الضَّعَفَةِ وَالْحَاجَةِ، احْـتَجَبَ اللَّهُ عَـنْهُ يَوْمَ الْقِيَامَةِ»

-                      “Whoever takes charge of anything of the peoples’ affairs, and withdraws himself from those who are weak and needy, Allah Withdraws from him on the Day of Judgement”

Speed in completion

-          Al-Tabarani with a chain whose men are all trustworthy except for Baqiya, who is disagreed upon, from Abu Hurayra who said: The Messenger of Allah  صلى الله عليه وآله وسلم said

«إِيَّاكُمْ وَالإِقْرَادُ. قَالُوا: يَا رَسُولَ اللَّهِ وَمَا الإِقْرَادُ؟ قَالَ: يَكُونُ أَحَدُكُمْ أَمِيراً أَوْ عَامِلاً فَتَأْتِيهِ الأَرْمَلَةُ وَالمِسْكِينُ فَـيُقَالُ لَهُ: انْتَظِرْ حَتَّى يُنْظُرَ فِي حَاجَتِكَ، فَـيُتْرَكُونَ مُقْرَدِينَ لاَ تُقْضَى لَهُمْ حَاجَةٌ وَلاَ يُؤْمَرُونَ فَيَـنْصِرِفُونَ، وَيَأْتِي الرَّجُلُ الغَنِيُّ الشَّرِيفُ فَـيُقْعِدُهُ إِلَى جَانِبِهِ ثُمَّ يَقُولُ: مَا حَاجَتُكَ؟ فَيَقُولُ: كَذَا وَكَذَا. فَيَقُولُ: اقْضُوا حَاجَتَهُ وَعَجِّلُوا بِهَا»

-                      “I warn you from ‘Iqrad." They asked: O Messenger of Allah what is ‘Iqrad’? He said: For one of you to be an Amir or an ‘amil, and the widowed and the weak come to him and it is said to him: Wait until we look into your need, and so they are left waiting unattented for. Their need is not dealt with nor are they told what to do and so they leave. A rich noble man comes and sits by his side and then says: What is your need? And he replies: such and such. And so he said: Take care of his need, and be quick about it”.

-                      Ibn Shibbah in his Ta’rikh reports from Ibn Shuthab who said: Umar (ra) said “O people, do not delay today’s work until tomorrow, since if you did that the work would catch up with you such that you would not know to start what you left.”

-                      Al-Shafi’i said in Al-Umm: More than one person of the people of knowledge informed us that when Umar Bin Al-Khattab (ra) came to see what they had gained from Iraq, the treasurer said to him: I will put it in the treasury (Bayt Al-Mal). He said: No by the Lord of the Ka’ba, it will not be placed under the roof of a house until I have divided it.

-                      Ahmad in Al-Zuhd and Ibn ‘Abd alBirr in Al-Isti‘ab and Ibn Abi ‘Asim in Al-Zuhd, from a number of people – that Ali (ra) used to order for the treasury to be swept and washed, then he would pray in it hoping that he would see the Day of Judgement and there was nothing being held in the treasury from the Muslims’ wealth.

Capability

-          Ahmad from Huthaythah, with a Hasan chain, that the Messenger of Allah  صلى الله عليه وآله وسلم said

«إِنَّ قَـوْمـاً كَانُـوا أَهْلَ ضَعْفٍ وَمَسْكَنَةٍ قَاتَلَهُمْ أَهْلُ تَجَـبُّرٍ وَعَدَدٍ، فَأَظْهَرَ اللَّهُ أَهْلَ الضَّعْفِ عَلَيْهِمْ، فَعَمَدُوا إِلَى عَدُوِّهِمْ فَاسْتَعْمَلُوهُمْ وَسَلَّطُوهُمْ، فَأَسْخَطُوا اللَّهَ عَلَيْهِمْ إِلَى يَوْمِ يَلْقَوْنَهُ»

-                      “A people who were weak and poor fought against a people who were strong and plentiful, and Allah gave the victory to the weak amongst them. Then they took revenge upon their enemy by dominating them, and so Allah became angry with them until the day they would meet Him”

-          Muslim from Abu Musa who said that the Messenger of Allah  صلى الله عليه وآله وسلم said

«إِنَّا وَاللَّهِ، لاَ نُوَلِّي عَلَى هَذَا الْعَمَلِ أَحَدًا سَأَلَهُ، وَلاَ أَحَدًا حَرَصَ عَلَيْهِ»

-                      “By Allah we do not appoint someone to this post who seeks it or someone who contends for it .”

-                      Al-Bayhaqi in Al-Shub from Umar (ra) who said “The only one who should judge between people is the one with sound judgement, skillful, does not look for shameful acts, is not hateful of his people, and is not afraid of the blame of the blamers.”

Al-Hakim in Al-Mustadrak mentioned a narration from Zayd b. Aslam, from his father, from Umar (ra), which he authenticated and Al-Dhahabi confirmed that: Umar (ra) said to his companions: Wish for something. Some of them said: I wish that this house was full of gold, which I could spend in the cause of Allah and give charity. A man said: I wish it was full of crystals and jewellery so I could spend it in the cause of Allah and give charity. Then Umar (ra) said: Wish for something, and so they said: We don’t know O Leader of the Believers. And so Umar (ra) said: I wish that this house was full of men like Abu Ubaydah b. Al-Jarrah and Mu‘adh b. Jabal and Salim the servant of Abu Huthayfah Huthaifah b. Al-Yaman.”

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 153: The State shall guarantee to find a work for every citizen

Article 153: The State guarantees to create work for all of those who carry its citizenship. more
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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
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Article 19: Conditions of ruler

Article 19: It is not permitted for anyone to be in charge of ruling or any action considered to be from the ruling unless they are male, free, adult, sane, just, capable of carrying out the responsibility, and it is not permitted for anyone other than a Muslim. more
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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 138: Property of Factories

Article 138: Factories by their nature are private property. However, they follow the rule of the product that they are producing. If the product is private property then the factory is considered to be private property, such as textile factories. If the product is public property then the factory is considered public property, such as factories for iron ore production. more
The Constitution of the Caliphate State,

Article 121: The spouses: duties and rights

Article 121: The married couple must fully assist each other in the housework, and the husband must carry out all the work which is usually undertaken outside the house, while the wife carries out all the work which is usually undertaken inside the house, according to her capability. He must provide her with a servant as required to assist with the tasks that she is unable to carry out alone. more
The Constitution of the Caliphate State,

Article 132: Spending and investment of property restricted by the Shari’ah

Article 132: The disposal of property is restricted by the permission of the Legislator (swt), for both of spending and investment. Squandering, extravagance and miserliness are all forbidden. Capitalist companies, co-operatives and any other type of transactions which contradict the Shari’ah are forbidden. Interest, fraud, monopolies, gambling and anything similar are all forbidden. more