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Constitution of the Caliphate State for Android

The Constitution of the Caliphate State, Delegated Assistants

Article 44: Empowering of delegated assistant

The Constitution of the Caliphate State,

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 responsibility and representation. This authorisation enables the Khalifah to send the assistants to specific locations, or transfer them to other places and other work as is required as the assistant of the Khalifah, and without the need for a new authorisation since it all falls under the original empowerment. 

The evidence for this is the reality of the work of the assistant, since the minister of Tafwid, or the assistant of Tafwid, who is the minister that the Khalifah appointed to carry the responsibility of ruling and authority with him. He is authorised to manage the affairs according to his opinion, and to conduct them according to his Ijtihad in agreement with the Shari’ah rules, and so the Khalifah empowers him with a general handling and representation. The representation here is a contract, and contracts are not correct unless they are contracted with a direct word, and so for this reason, it has been made a condition that empowering an assistant must occur with wording that indicates he is a representative in the place of the Khalifah and has the general control. Such as if the Khalifah said to him “I granted you what is upon me, to act on my behalf”, or says, “I made you a minister, and decided upon your representation” or something similar. In other words, it should encompass the general representation and general control by any manner it is understood, so it is imperative that the empowerment of the assistant is upon words that indicate the reality of the assistant, which is the representative of the Khalifah, and takes everything in terms of mandatory powers which the Khalifah has. In other words, it is imperative that the contract of ministry with the assistant is upon a wording which encompasses two conditions: the first being general control, the second being representation, and if the wording does not explicitly cover these two conditions, then the ministry for the assistant is not contracted.

Though he is empowered with representation and general control, it is permitted for the Khalifah to use him in a specific action or place at a period of time, and for other work or another place at another time. The two sheikhs (Muslim and Al-Bukhari) reported from Abu Hurayrah

«بَعَثَ رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم عُمَرَ عَلَى الصَّدَقَةِ»

“The Messenger of Allah  صلى الله عليه وآله وسلم sent Umar to collect Sadaqah (Zakah)”. Al-Nasa’i and Al-Darami reported

«أَنَّ النَّبِيَّ  صلى الله عليه وآله وسلم حِينَ رَجَعَ مِنْ عُمْرَةِ الْجِعْرَانَةِ بَعَثَ أَبَا بَكْرٍ عَلَى الْحَجِّ»

“When the Prophet  صلى الله عليه وآله وسلم returned from ’Umra, he sent Abu Bakr for the Hajj”. In other words, Abu Bakr (ra) and Umar (ra) – who were the two ministers for the Messenger of Allah  صلى الله عليه وآله وسلم were charged with general control over specific actions, and not in all the actions at the time of the Messenger  صلى الله عليه وآله وسلم , despite that they were assistants authorised with general control and representation as inferred from the ministry of authorisation (Wizara’ Al-Tafwid). ’Ali (ra) and ’Uthman (ra) did the same at the time of Umar (ra). And even during the time of Abu Bakr (ra) when his assistant Umar (ra) was very apparent in exercising general control and representation, to the point that some of the companions would say to Abu Bakr (ra) that we don’t know whether Umar (ra) or you is the Khalifah, despite that Abu Bakr (ra) would make Umar (ra) responsible for the judiciary in some periods, as has been reported by Al-Bayhaqi with a chain that was strengthened by Al-Hafiz.

From the Sirah of the Messenger  صلى الله عليه وآله وسلم and the righteous Khulafaa’ after him, it is understood that the assistant is authorised in the general control and representation, but it is permitted for the Khalifah to seek the help of the assistant in a particular place or action, just as the Prophet  صلى الله عليه وآله وسلم did with Abu Bakr (ra) and Umar (ra), and as Abu Bakr (ra) did with Umar (ra). This is like charging an assistant to pursue the northern governorships, and another with the southern ones, and it is permitted to use the first one in the place of the second and vice versa, and to move this one to the work of such and such person, and the other to another work according to what was necessitated to assist the Khalifah. None of this requires a new authorisation, rather it is valid in this case to move him from one action to another to assist, since he was originally authorised with general control and representation, and so all of these actions are part of his authorisation as an assistant. This is a difference between the assistant and the governor, since the governor is empowered with the general control in an area, and so he is not moved from it, rather he requires a new empowerment, since the new place is not part of the original authorisation/empowerment. However, an assistant who is empowered with the general control and representation can be moved from assistance in one place to another place without needing a new empowerment, since he was originally empowered with general control and representation in all actions.

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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
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Article 188: Carrying the call to Islam

Article 188: The foreign policy revolves around carrying the call to Islam; and the relationship between the State and all of the other states is built upon this basis. more
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Article 61: The War Department

Article 61: The War Department is in charge of all the affairs connected to the armed forces of the Army and police, and the treaties, tasks, military equipment and similar. They are also responsible for the military colleges, expeditions and everything that is necessary from the Islamic culture and the general culture necessary for the Army, as well as everything connected to war and its… more
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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
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Article 127: Types of property

Article 127: There are three types of property: private, public and State. more
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Article 126: The wealth belongs to Allah (swt)

Article 126: The wealth belongs to Allah (swt) alone, and He (swt) has made human beings the trustees of it. Through this general trust they have been given the right to ownership of wealth. Allah (swt) has permitted for the individual to possess the wealth; so through this specific permission, he managed to possess it practically. more
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Article 101: The civil servants

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. more