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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 87: The judge of Madhalim (Injustices)

Article 87: The judge of the Court of Injustices (Madhalim)is appointed to remove all injustices which have been inflicted upon any person who lives under the authority of the State, irrespective of whether the person is from the subjects of the State or not, and irrespective of whether the injustice was committed by the Khalifah or anyone below him from the rulers and civil servants. more
The Constitution of the Caliphate State,

Article 83: Judicial ruling

Article 83: There is no court of appeal, and no court of cassation, so the judiciary, as far as the method by which the cases are treated, is of a single level. If the judge pronounced a verdict, it would become binding, and it cannot ever be annulled by the verdict of another judge unless he ruled by other than Islam, or contradicted a definite text from the Quran, Sunnah or Ijmaa’ of the… more
The Constitution of the Caliphate State,

Article 127: Types of property

Article 127: There are three types of property: private, public and State. more
The Constitution of the Caliphate State,

Article 117: The provisions of the private and public life

Article 117: The woman lives in public and private spheres; in the public sphere she is permitted to live with women, Maharim men, and foreign men (men whom she can marry) on the condition that nothing other than her face and hands can be revealed, and that the clothing is not revealing, besides there is not any open display of adornments. As for the private sphere, she is not permitted to live… more
The Constitution of the Caliphate State,

Article 169: The State bank

Article 169: It is completely prohibited to open banks, and the only one permitted will be the State bank, and there are no transactions upon interest. This will be dealt with by a particular department of the Bayt Al-Mal. Financial loans will be undertaken in accordance with the rules of the Shari’ah and the financial and currency transactions will be facilitated. more
The Constitution of the Caliphate State,

Article 28: The position of Caliph

Article 28: No one can be Khalifa unless the Muslims appoint him, and no one possesses the mandatory powers of the leadership of the State unless the contract with him has been concluded according tothe Shari’ah, like any contract in Islam. more
The Constitution of the Caliphate State,

Article 118: Rules Being alone with a non-incest and Finery

Article 118: It is not permitted for a woman to be alone with a non-Mahram. It is not permitted for her to reveal the adornments (Tabarruj) and the ‘Awrah in front of foreign men. more