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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 160: Supervision of Industrial Affairs

Article 160: The State supervises the whole affairs of industry. It directly undertakes those industries which are connected to whatever is part of the public property. more
The Constitution of the Caliphate State

Article 75: The Judiciary

Article 75: The Judiciary is the pronouncement of the rule that becomes binding. It settles the disputes between the people and prevents that which harms the community’s rights, or it eliminates the disputes arising between people and members of the ruling system – both rulers and civil servants – from the Head of State downwards. 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 66: Structure formations and camps of the army

Article 66: The Army is a unified entity which has specific bases. However, it is necessary that some of these bases are placed in different provinces and others in strategic locations. Some of the bases should be permanently mobile fighting forces. These bases are organised in numerous groups, with each group being given a number as a name, such as the first Army, the third Army, or they can be… more
The Constitution of the Caliphate State,

Article 139: The private property is protected

Article 139: The State is not permitted to transfer private property into public property, since public property is confirmed by the nature and characteristic of wealth and not by the opinion of the State. 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 138: Property of Factories

Article 138: Factories by their nature are private property. However, they follow the rule of the product that they are producing. If the product is private property then the factory is considered to be private property, such as textile factories. If the product is public property then the factory is considered public property, such as factories for iron ore production. more