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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

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Article 133: Tithed land (‘Ushriyyah), taxed land (Kharajiyyah)

Article 133: Tithed land (‘Ushriyyah) constitutes land within the Arabian Peninsula and land whose owners had embraced Islam, whilst possessing the land, before the Islamic State conquered them by Jihad. Taxed land (Kharajiyyah) is all land, other than the Arabian Peninsula, which was opened by jihad, whether through war or peace treaties. The ‘Ushriyyah land, together with its benefits, is owned… more
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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
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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
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Article 102: The treasury (Bayt Al-Mal)

Article 102: The treasury (Bayt Al-Mal) is the administration responsible for the revenues and expenditure in accordance with the Shari’ah rules in terms of their collection, storage and spending. The head of the office of the treasury is called the Treasurer of the Treasury (Khazin Bayt Al-Mal). The offices in the provinces fall under it and the head of each office is called the Trustee of the… more
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Article 145: Land tax

Article 145: Land tax is payable upon the Kharajiyyah land according to its capacity. Zakah is collected from the ‘Ushriyyah land according to the actual production. more
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Article 150: When it's allowed taxes are levied?

Article 150: If the permanent revenues of the Bayt Al-Mal are not sufficient to cover the expenditure of the State, then it is possible to impose taxes upon the Muslims. It becomes obligatory to impose taxes as follows: a. To fulfil the obligatory expenses upon the Bayt Al-Mal for the poor, needy, and wayfarers, and to undertake the obligation of Jihad. b. To fulfil the obligatory expenses upon… more
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Article 149: The permanent sources of income for Bayt Al-Mal

Article 149: The permanent sources of income for the Bayt Al-Mal are the booty, Jizya, land tax, a fifth of buried treasure, and Zakah. This income is collected continuously irrespective of whether there was a need or not. more

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