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Constitution of the Caliphate State for Android

The Constitution of the Caliphate State, Delegated Assistants

Article 43: Conditions for Delegated Assistants

The Constitution of the Caliphate State, Article 43: The conditions for the assistant are the same as the conditions for the Khalifah; in other words, to be male, free, Muslim, adult, sane, just; and he is from the people of the capability in whatever actions were delegated to him.

The evidence here is the evidence for the Khalifah, so it is obligatory for him to be a male due to words of the Prophet  صلى الله عليه وآله وسلم

«لَنْ يُفْلِحَ قَوْمٌ وَلَّوْا أَمْرَهُمُ امْرَأَةً»

“Never will succeed such a nation that makes a woman their ruler.” (reported by Al-Bukhari from Abu Bakrah).

He must be a Muslim due to His words

((وَلَنْ يَجْعَلَ اللَّهُ لِلْكَافِرِينَ عَلَى الْمُؤْمِنِينَ سَبِيلًا (141)))

And never will Allah give the disbelievers over the believers a way [to overcome them]. (TMQ 4:141); therefore, it is forbidden for a non-Muslim to be a ruler over the Muslims, since ruling is the greatest way over the Muslims.

He is to be free since the slave does not have control over his own issues and so he cannot undertake the control of other peoples’ affairs.

He should be an adult, due to the words of the Messenger  صلى الله عليه وآله وسلم

«أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ عَنْ النَّائِمِ حَتَّى يَسْتَيْقِظَ وَعَنْ الصَّغِيرِ حَتَّى يَكْبَرَ وَعَنْ الْمَجْنُونِ حَتَّى يَعْقِلَ أَوْ يُفِيقَ»

“The Messenger of Allah said, “The Pen has been lifted from three (their actions are not recorded) : from the sleeping person until he awakens, from the minor until he grows up, and from the insane person until he comes to his senses.and in a narration

«وَعَنْ الْمُبْتَلَى حَتَّى يَبْرَأَ»

“and from the afflicted person until he recovers” (reported by Ibn Maja and Al-Hakim from ’Aishah, and the wording is from Ibn Maja). Al-Tirmidhi and Ibn Khuzaima reported the same from Ali.

From the raising of the pen is that his actions in his own affairs are not valid, and so it is not valid for him to act in the affairs of others. In addition, the narration of Abu ’Uqayl Zuhra Bin Ma’bad from his father ’Abd Allah b. Hisham who was at the time of the Prophet when his mother Zaynab Bin Humayd took him to the Messenger of Allah  صلى الله عليه وآله وسلم and said: O Messenger of Allah, take Bay’a from him. He  صلى الله عليه وآله وسلم replied

«هُوَ صَغِيرٌ، فَمَسَحَ رَأْسَهُ وَدَعَا لَهُ»

“He is a little child, and he passed his hand over his head and invoked Allah for him.” as reported in Al-Bukhari. So as long as the child is not permitted to give the Bay’a, then by greater reasoning, he cannot accept it.

As for being sane, this is due to the narration just mentioned

«رفع القلم عن ثلاثة ...»

“The pen is lifted from three (their actions are not recorded)” until it was mentioned

« وَعَنْ الْمَجْنُونِ حَتَّى يَعْقِلَ أَوْ يُفِيقَ »

“and from the insane person until he comes to his senses” and in a report

«وَعَنْ الْمُبْتَلَى حَتَّى يَبْرَأَ»

“and from the afflicted person till he recovers”. From the raising of the pen is that his actions in his own affairs are not valid and so it is not valid for him to act in the affairs of others.

He should be just, since Allah (swt) made it a condition for the witnessing, saying

 ((وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِنْكُمْ))

And take for witness two persons from among you.(TMQ 65:2), and so it is a condition for the assistant by greater reasoning.

It is a condition for the assistant to be from the people of sufficiency in the actions of ruling since that is necessitated from undertaking ruling, since the one who was not capable would not be able to carry it out. And also due to the evidence mentioned, including: Muslim reported through Abu Dharr:

«قُلْتُ: يَا رَسُولَ اللَّهِ، أَلاَ تَسْـتَـعْمِلُنِي؟ قَالَ: فَضَرَبَ بِيَدِهِ عَلَى مَنْكِبِي ثُمَّ قَالَ: يَا أَبَا ذَرٍّ، إِنَّكَ ضَعِيفٌ، وَإِنَّهَا أَمَانَةُ، وَإِنَّهَا يَوْمَ الْقِيَامَةِ خِزْيٌ وَنَدَامَةٌ، إِلاَّ مَنْ أَخَذَهَا بِحَقِّهَا وَأَدَّى الَّذِي عَلَيْهِ فِيهَا»

“I said: O Messenger of Allah, will you not use me? He placed his hand upon my shoulder and then said O Abu Dharr, you are weak, and it is an Amanah (trust), and on the Day of Judgement, it will be a disgrace and a regret except (for those) who take it by its right and perform its duties correctly.

The Messenger of Allah  صلى الله عليه وآله وسلم considered taking it without its right, in other words, if the person was not suitable for it, would be a disgrace and regret, which is an indication upon the decisiveness of the order.

Some articles of the Constitution

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
The Constitution of the Caliphate State,

Article 130: The state property

Article 130: State property is every wealth whose expenditure is determined by the opinion and Ijtihadof the Caliph (Khalifah), such as the wealth derived from taxes, land tax and Jizya. more
The Constitution of the Caliphate State,

Article 54: Powers of governor

Article 54: The governor has the mandatory powers of ruling and responsibility over the tasks of the departments in his governorship as a delegate of the Khalifah, so he has all the powers in his province that the assistant has in the State. He has leadership over the people of his province and control over everything that is connected with it apart from the finances, judiciary and Army. However,… more
The Constitution of the Caliphate State

Article 111: Powers of Ummah Council

Article 111:The Ummah Council has five powers which are: 1. (a): The Khalifah has to consult the Council and the Council has the right to advise him in operational matters and actions related to carrying out the affairs of the domestic policy that do not require deep intellectual research and serious examination, like matters of ruling, education, health, economy, trade, industry, agriculture and… more
The Constitution of the Caliphate State

Article 108: Shura (consultation) and Mashwarah (deliberation)

Article 108: Shura (consultation) and Mashwarah (deliberation) is the taking of opinion in its absolute meaning, and it is not binding in legislation, definitions, and nor intellectual issues such as disclosing facts, nor technical and scientific issues; and it is binding when the Khalifah consults in any operational issue and the actions that do not require research and deep examination. more
The Constitution of the Caliphate State,

Article 146:Taxes

Article 146:Muslims pay the taxes that the Shari’ah has permitted to be levied upon them in order to cover the expenditure of the Bayt Al-Mal, on the condition that it is levied on that which is surplus to the individual’s needs according to what is normal, and has to be sufficient to cover the needs of the State. more
The Constitution of the Caliphate State

Article 78: The conditions of judges

Article 78: Whoever undertakes the responsibility of judgement must be a Muslim, free, adult, sane, just, a Faqih (person who knows jurisprudence/Fiqh), and aware of how to apply the rules to the events. And the person who undertakes the judiciary of injustices (Madhalim)in addition to the conditions mentioned, must also be male and a Mujtahid (capable of deriving his own Fiqh/conducting Ijtihad). more

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