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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 96: Management of government’s and people’s affairs

Article 96: Management of the government’s and people’s affairs is carried out by offices, departments, and administrations, whose task is to ensure the management of the State’s business and the carrying out of the people’s interests. more
The Constitution of the Caliphate State,

Article 93: The right to appoint proxy in the disputes and defence

Article 93: Every person has the right to appoint whomsoever he wishes as a proxy (Wakeel) for oneself in the disputes and defence, irrespective of whether he is Muslim or not, male or female. There is no distinction in this matter between the commissioner and the proxy. The proxy is permitted to be appointed for a fee according to the terms agreed upon with the commissioner. more
The Constitution of the Caliphate State

Article 12: The sources of legislation

Article 12: The Book, the Sunnah, the Ijmaa’ of the Sahabah and the Qiyas (analogy) are the only evidences considered in Shari’ah laws, and it is not permitted to adopt any legislation from other than these evidences. more
The Constitution of the Caliphate State,

Article 46: Scrutiny of actions of delegated assistants

Article 46: It is imperative that the Khalifah scrutinises the actions of the delegated assistants (Tafwid) and their management of the affairs, in order to confirm what was right, and to correct any errors, since the management of the affairs of the Ummah has been delegated to the Khalifah and is decided by his Ijtihad. more
The Constitution of the Caliphate State,

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
The Constitution of the Caliphate State

Article 11: Da’wa (call to Islam) the fundamental task of the State

Article 11: Conveying the Islamic Da’wa (call to Islam) is the fundamental task of the State. more
The Constitution of the Caliphate State,

Article 33: The temporary Ameer

Article 33: A temporary leader is appointed to take charge of the affairs of the Muslims, and to prepare for the election of the new Caliph (Khalifah) after the vacation of the position of the Caliphate (Khilafah) according to the following process: When the previous Caliph (Khalifah) feels that his life is coming to an end, or is committed to resigning, he has the right to appoint the temporary… more

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