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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Governors

Article 57 : Term of office for the governor

The Constitution of the Caliphate State, Article 57: The governor’s term of office in a particular province is not to be long. He must be discharged whenever he becomes firmly established in his province or the people become enchanted with him.

Its proof is that the Messenger  صلى الله عليه وآله وسلم used to appoint governors for a period and then remove them and no governor remained over his governorship for the complete period of the time of the Messenger  صلى الله عليه وآله وسلم . Ibn Abdul Birr conveyed in Al-Isti’ab that the Messenger  صلى الله عليه وآله وسلم appointed ’Uthman b. Abi Al-’As Al-Thaqafi over Al-Ta’if; he remained there through the life of the Messenger of Allah  صلى الله عليه وآله وسلم and the Khilafah of Abu Bakr (ra) and two years of the Khilafah of Umar (ra) at which point he was removed, which was a rare occurrence. For most of the time of the Messenger  صلى الله عليه وآله وسلم he  صلى الله عليه وآله وسلم would not extend people’s time as governors. This indicates that a governor is not appointed to a permanent governorship but rather he is appointed for a specific time and then removed. However, the length of his governorship is not defined by a specific period, long or short, since there is nothing that indicates that from the actions of the Messenger  صلى الله عليه وآله وسلم The most that can be said about the issue is that most of the time the Messenger  صلى الله عليه وآله وسلم appointed a governor, he did not remain as a governor there through the whole of his  صلى الله عليه وآله وسلم time; rather he  صلى الله عليه وآله وسلم would appoint and then remove them.

Though it is permitted to extend the period of governorship such as what occurred with ’Uthman b. Abi Al-’As, however it is apparent that the length of the period of the governorship of Mu’awiyah in Al-Sham at the time of Umar (ra) and then ’Uthman (ra), caused what resulted in the strife which shook the entity of the Muslims, and so it is understood from this that lengthening the governorship of the governor in the province results in harm upon the Muslims and the State, and based upon this the words that the term of office for the governor is not to be long were drafted into this article.

Some articles of the Constitution

The Constitution of the Caliphate State

Article 4: What may and what may not be adopted

Article 4: The Khalifah does not adopt any specific Shari’ah rule in matters related to rituals (‘Ibadaat) except in Zakat and Jihad, and whatever is necessary to protect the unity of the Muslims, and nor does he adopt any thought from among the thoughts related to the Islamic 'Aqeedah. more
The Constitution of the Caliphate State,

Article 168: Exchange and trade of funds

Article 168: It is permissible to have exchange between the State currency and the currency of other states like the exchange between the State’s own coinages. It is permissible for the exchange rate between two currencies to differ provided the currencies are different from each other. However, such transactions must be undertaken in a hand-to-hand manner and constitute a direct transaction with… 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
The Constitution of the Caliphate State,

Article 87: The judge of Madhalim (Injustices)

Article 87: The judge of the Court of Injustices (Madhalim)is appointed to remove all injustices which have been inflicted upon any person who lives under the authority of the State, irrespective of whether the person is from the subjects of the State or not, and irrespective of whether the injustice was committed by the Khalifah or anyone below him from the rulers and civil servants. more
The Constitution of the Caliphate State,

Article 120: Marital life

Article 120: Marital life is one of tranquillity; and the couple should live together as companions. The guardianship (Qawwamah) of the husband over the wife is a guardianship of care and not ruling. It has been made obligatory for her to obey him, and obligatory upon him to financially support her according to the expected standard of living of one like her. more
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 34: Procedures of the appointment of the Caliph

Article 34: The method of appointing the Caliph (Khalifah)is the pledge of allegiance (Bay’a). The practical steps to appoint the Caliph (Khalifah)and his Bay’a are: The Madhalim court announces the vacancy of the position of the Caliphate (Khilafah) The temporary leader takes control of his responsibility and announces the opening of the nomination procedure immediately Applications of the… more

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