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Constitution of the Caliphate State for Android

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

Article 103: The institution of the Media Office

The Constitution of the Caliphate State, Article 103: The institution of the Media Office is responsible for drawing up and executing the political media strategy for the State in order to support the interests of Islam and the Muslims. Internally, it works to build an Islamic society that is strong and cohesive, and it refutes that which is malicious while confirming that which is good. In external affairs it is to promote Islam during peace and war, in a manner that explains the greatness of Islam, its justice and the strength of its army, and expose the corruption and oppression of manmade system and the weakness of its army.

 Media is one of the important matters for the call to Islam (Da’wah) and the State. It is not one of the interests of the people that are under the authority of the department of peoples’ affairs. Rather, it is directly connected to the Khalifah as an independent institution, just like any of the institutions of the State.

The presence of a distinguished media policy that presents Islam strongly and effectively would provoke the minds of the people to turn toward Islam, to study it and to think about it. It also facilitates the annexation of Islamic lands to the Khilafah State. Furthermore, there are many issues of media which are closely related to the State and they cannot be published without the Khalifah's instruction. This is manifested in the military matters and related issues, such as the movement of the armies, and the news of victory and defeat and the military industries. This type of news must be linked directly to the Imam so he can decide which news has to be concealed and which news must be announced and advertised.

The evidence for this is the Book and the Sunnah.

With regards to the Book, His (swt) saying:

((وَإِذَا جَاءَهُمْ أَمْرٌ مِنَ الْأَمْنِ أَوِ الْخَوْفِ أَذَاعُوا بِهِ وَلَوْ رَدُّوهُ إِلَى الرَّسُولِ وَإِلَى أُولِي الْأَمْرِ مِنْهُمْ لَعَلِمَهُ الَّذِينَ يَسْتَنْبِطُونَهُ مِنْهُمْ))

And when there comes to them information about [public] security or fear, they spread it around. But if they had referred it back to the Messenger or to those of authority among them, then the ones who [can] draw correct conclusions from it would have known about it.” (TMQ 4:83) - the subject of the verse is the news.

With regards to the Sunnah it is the narration of Ibn ‘Abbas about the conquest of Makkah as is reported by Al-Hakim in Al-Mustadrak, described as authentic based on the condition of Muslim, and Al-Dhahabi confirmed that. The narration mentions:

«وَقَدْ عَمِيَتِ الأَخْـبَارُ عَلَى قُرَيْشٍ، فَلاَ يَأْتِيهِمْ خَبَرُ رَسُولِ اللهِ  صلى الله عليه وآله وسلم وَلاَ يَدْرُونَ مَا هُوَ صَانِعٌ»

“The news was obscured from Quraysh; so the news of the Messenger of Allah  صلى الله عليه وآله وسلم would not reach them, and nor would they know what he is planning regarding them”. There is also the Mursal (narration not directly connected to the Messenger  صلى الله عليه وآله وسلم rather the name of a companion is missing) of Abu Salamah as reported by Ibn Abi Shaybah, which mentions: “Then the Prophet  صلى الله عليه وآله وسلم said to 'Aisha:

جَهِّزِينِي وَلاَ تُعْلِمِي بِذَلِكَ أَحَداً، ... ثُمَّ أَمَرَ بِالطُّرُقِ فَحُبِسَتْ، فَعَمَّى عَلَى أَهْلِ مَكَّةَ لاَ يَأْتِيهِمْ خَبَرٌ

‘Prepare me, and do not tell anyone about it…and then he commanded that the highways be obstructed, and so the people of Makkah were kept in the dark and no news reached them.’”

There is also the narration of Ka’b which is agreed upon regarding the Battle of Tabuk (the expedition of Hardship) which says:

«وَلَمْ يَكُنْ رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم يُرِيدُ غَزْوَةً إِلا وَرَّى بِغَيْرِهَا، حَتَّى كَانَتْ تِلْكَ الْغَزْوَةُ غَزَاهَا رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم فِي حَرٍّ شَدِيدٍ، وَاسْـتَقْبَلَ سَفَرًا بَعِيدًا وَمَفَازًا وَعَدُوًّا كَثِيرًا، فَجَلَّى لِلْمُسْلِمِينَ أَمْرَهُمْ لِيَتَأَهَّـبُوا أُهْـبَةَ غَزْوِهِمْ، فَأَخْـبَرَهُمْ بِوَجْهِهِ الَّذِي يُرِيدُ»

“The Messenger of Allah  صلى الله عليه وآله وسلم never intended an expedition without alluding to something else, until he made during a very hot weather, a distant place, a desert and a huge enemy. So, he explained to the Muslims their matter to be ready for their raid, and he thus informed them of the destination he wants.”

There is also the narration of Anas as reported by Al-Bukhari

«أَنَّ النَّبِيَّ  صلى الله عليه وآله وسلم نَعَى زَيْدًا وَجَعْفَرًا وَابْنَ رَوَاحَةَ لِلنَّاسِ قَبْلَ أَنْ يَأْتِيَهُمْ خَبَرُهُمْ فَقَالَ: أَخَذَ الرَّايَةَ زَيْدٌ فَأُصِيبَ، ثُمَّ أَخَذَ جَعْفَرٌ فَأُصِيبَ، ثُمَّ أَخَذَ ابْنُ رَوَاحَةَ فَأُصِيبَ، وَعَيْـنَاهُ تَذْرِفَانِ، حَتَّى أَخَذَ سَيْفٌ مِنْ سُيُوفِ اللَّهِ حَـتَّى فَتَحَ اللَّهُ عَلَيْهِمْ»

The Prophet  صلى الله عليه وآله وسلم announced the death of Zayd, Ja'far and Ibn Ruwaha before the news of their death reached him. He said: Zayd took the flag but he was killed, then Ja'far took it and he was killed, then Ibn Ruwahah took it and he was killed; he said that while he was crying. Lastly one of the swords of Allah took it till Allah granted them victory.”

Some of the applications of this rule at the time of the Righteous Khulafaa’ is that which is narrated by Ibn Al-Mubarak in the subject of Jihad; Al-Hakim reported in Al-Mustadrak - and he considered it authentic based on the condition of Muslim, which Al-Dhahabi confirmed - from Zayd b. Aslam from his father from Umar b. Al-Khattab (ra) “that he was informed that ‘Abu ‘Ubaydah was surrounded and the enemy rallied against him. So, Umar wrote to him, ‘Peace is upon you. After that, there is not any difficulty that befalls a believer except Allah made for him a way out of it; and never a hardship would defeat two eases.’

((يَا أَيُّهَا الَّذِينَ آَمَنُوا اصْبِرُوا وَصَابِرُوا وَرَابِطُوا وَاتَّقُوا اللَّهَ لَعَلَّكُمْ تُفْلِحُونَ (200)))

O you who have believed, persevere and endure and remain stationed and fear Allah that you may be successful.” (TMQ 3:200)He said: Abu ‘Ubaydah wrote to him, “Peace is upon you, after that Allah says in His Book:

] ((اعْلَمُوا أَنَّمَا الْحَيَاةُ الدُّنْيَا لَعِبٌ وَلَهْوٌ وَزِينَةٌ وَتَفَاخُرٌ بَيْنَكُمْ وَتَكَاثُرٌ فِي الْأَمْوَالِ وَالْأَوْلَادِ))

Know that the life of this world is but amusement and diversion and adornment and boasting to one another and competition in increase of wealth and children .” (TMQ 57: 20).He said, then Umar went out holding his letter, sat on the pulpit and read it to the people of Madinah and said, “O people of Madinah! Abu ‘Ubaydah expresses to you that you should show interest in Jihad.”

There are other types of news which have no direct connection to the State, and do not require the direct opinion of the Khalifah, such as the daily news, the political, cultural, and scientific programmes, and the international affairs. Though these may interfere with the viewpoint of life in some parts, and with the view of the State towards international relations, but despite that the type of State control over them differs from the first type of news.

Accordingly the media institution must contain two main departments:

The first: Its task is related to news that has connection with the State, such as the military matters, the military industry and international relations, and so on.

The task of this department is the direct supervision of such news. So, such news is not broadcasted in the state media or the special sources of media except after their presentation to the institute of media.

The second: is related to other news; and its supervision of them is not direct. Both state and private media do not need any permission for presenting such news.

Some articles of the Constitution

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 105: Ummah Council, Provincial Councils

Article 105: The individuals who represent the Muslims’ views to the Khalifah are the Ummah Council, and the individuals who represent the people in the provinces are the Provincial Councils. It is permitted for non-Muslims to be members in the Shura council for the sake of raising any complaints against any oppression by the rulers or misapplication of the laws of Islam. 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 71: The police (Shurtah)

Article 71: The police (Shurtah) have two branches: the military police, who are under the command of the Amir of Jihad, in other words, the war department, and the police who are under the control of the Ruler to protect the security, and they are under the authority of the Department of Internal Security. The two branches have specific training and specific culture in order for them to carry… more
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 94: Permissibility of power of attorney in private and public matters

Article 94: It is permitted for the one who has been vested with a specific responsibility, like a custodian or guardian, or general responsibility such as the Khalifah, ruler, civil servant, Muhtasib, or judge of the Court of Injustice Acts (Madhalim), to appoint a person to his position as a proxy - within the bounds of his authority – in disputes and defence alone, and there is no difference… 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

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