Constitution of the Caliphate State for Android

The Constitution of the Caliphate State, Delegated Assistants

Article 45 :Work of delegated assistant

The Constitution of the Caliphate State,

Article 45 :The work of the assistant is to report to the Khalifah after whatever he has executed of the actions of management, and whatever he implemented of government and guardianship, in order that his powers do not become like that of the Khalifah. Therefore, his work is to raise his reports and to implement whatever he is ordered to.

The evidence for this is also the reality of the assistant, since he is the authorised representative of the Khalifah, and the representative only carries out the work as a representative of the one who authorised him. Therefore, he is not independent from the Khalifah, rather he reports every action, totally as Umar (ra) used to do with Abu Bakr (ra) when he was his minister. So he used to inform Abu Bakr (ra) about his opinion and would implement according to what he thought.

The meaning of reporting to the Khalifah is not to seek his permission in every individual part of the various actions, since this contradicts the reality of the assistant; rather the meaning of reporting to him is to confer with him in the issue, such as the need for a particular governorate to have a capable governor empowered, or to eliminate what the people complain about regarding the lack of food in the markets, or other than that from all of the issues of the State, or to present these issues simply as a report which can be looked over, and be informed about what concerns him. Accordingly, these reports are enough in order to carry out everything that is mentioned in them with all of his details without the need for the issuance of permission to act. However, if the order not to implement these reports is issued, then it is not correct for him to implement them. Therefore, these reports are simply the presentation of the issues, or consultation regarding them, and not seeking permission to undertake them and the assistant may implement the reports as long as the Khalifah does not stop him from implementation.

With respect to the last part of the article “and to implement whatever he was ordered to”, this is because the assistant does not take the powers of ruling in himself like the Khalifah, rather he takes them based upon his ministry from the Khalifah, and upon that if the Khalifah orders him to do something, then it is upon him to implement it, and it is not permitted for him not to implement it. Giving the assistant the capability to manage the affairs through his opinion and Ijtihad is in those issues which the Khalifah did not order him, whereas if he was ordered to implement an issue, it is obligatory upon the assistant to implement it in the manner that the Khalifah ordered, and he may not implement it in another way.

Some articles of the Constitution

The Constitution of the Caliphate State,

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
The Constitution of the Caliphate State,

Article 58: Moving governor from province to another

Article 58: The governor is not moved from one province to another, since his appointment was for a general control in a specific area. Therefore, he has to be discharged first and then reappointed. 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 166: Own independent currency, and not linked to any foreign currency.

Article 166: The State issues its own independent currency, and it is not permitted for it to be linked to any foreign currency. more
The Constitution of the Caliphate State,

Article 155: Estimation of wages

Article 155:The salary is to be determined according to the benefit of the work, or the benefit of the employee, and not according to the knowledge and/or qualifications of the employee. There have to be no annual increments for employees. Instead, they have to be given the full value of the salary they deserve for the work they do. more
The Constitution of the Caliphate State,

Article 88: Appointment and accountability of the judge of Madhalim

Article 88: The judge of the Court of Injustices (Madhalim) is appointed by the Khalifah, or by the Supreme Judge. His accounting, discipline and removal are done by the Khalifah or by the Supreme Judge if the Khalifah had given him the powers to do so. However he cannot be removed during his investigation of a Madhlamah against the Khalifah, or the executive assistants, or the Supreme Judge;… more
The Constitution of the Caliphate State,

Article 44: Empowering of delegated assistant

Article 44:It is a condition for the empowering of a delegated assistant (Tafwid), that his empowerment encompasses two issues: The first being general responsibility, and the second being the representation. Accordingly, it is necessary for the Khalifah to say to him “I appoint you on my behalf as my deputy” or anything that is of a similar meaning from the wordings that encompass the general… more

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