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Constitution of the Caliphate State for Android

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

Article 101: The civil servants

 The Constitution of the Caliphate State, Article 101: The civil servants other than the managers are appointed, transferred, suspended, disciplined, and removed by the one who is in charge of the departments, administrations or divisions.

 The civil servants in the state are all employees, in accordance with the rules of employment. Their appointment and removal, transfer and discipline, are done by the one responsible for the highest administration of their offices, departments or administration.

This is based on the rules regarding employment, since it is obligatory to adhere to whatever is necessitated by their contract, just as it is obligatory upon him to adhere to what he was contracted for, since the contract is binding upon both parties upon what they agreed, so if the employee is employed for a period, it is not valid to remove him from what he was employed to do for the defined period.

As for the adherence to the administrative systems, this is considered from the conditions of employment that must be adhered to. He  صلى الله عليه وآله وسلم said,

«الْمُسْلِمُونَ عَلَى شُرُوطِهِمْ»

“The Muslims will be bound by their conditions” (reported by Abu Dawud from Abu Hurayrah). With respect to transferring the civil servants from one task to another, this falls under the employment contract and so it is treated according to the contract when appointed.

The one responsible to appoint, discipline and remove them is the one who is in charge of the highest administration of their offices, departments, and administrations, since he is the one who is responsible for the office they work in, and is the one who has the power that is necessitated by the responsibility he has been assigned to.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 90: The Court of Madhalim removes any ruler or employee

Article 90: The Court of Injustice Acts (Madhalim) has the right to remove any ruler or civil servant in the State, in the same way that it has the right to remove the Khalifah, if the elimination of the Madhlamah required this removal. more
The Constitution of the Caliphate State,

Article 56: Powers of provincial assembly

Article 56: Every province has an assembly elected from its people and championed by the governor. The assembly has the authority to participate in expressing opinions on administrative matters and not on ruling; and this would be for two objectives: Firstly - providing the necessary information about the situation of the governorate and its needs to the governor and to express their opinion… more
The Constitution of the Caliphate State,

Article 129: The public property

Article 129: Public property is the permission of the Legislator (swt) for the community to collectively utilise the property itself. more
The Constitution of the Caliphate State

Article 76: The supreme judge

Article 76: The Khalifah appoints a supreme judge to the judiciary from the male, adult, free, Muslim, sane, just people who know jurisprudence, and if he was given the power to appoint and remove the Madhalim judge, and had the power of judgement in the Madhalim, then he would have to be a Mujtahid. He would have the power to appoint judges, discipline them, and remove them as part of the… more
The Constitution of the Caliphate State

Article 15: The means to Haram (unlawful) is forbidden

Article 15: The means to Haram (unlawful) are forbidden if they most likely lead to Haram. But if there is a doubt that a means might lead to Haram, then this means will not be forbidden. more
The Constitution of the Caliphate State

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
The Constitution of the Caliphate State,

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

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. more