nusr-khilafah-en

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 149: The permanent sources of income for Bayt Al-Mal

Article 149: The permanent sources of income for the Bayt Al-Mal are the booty, Jizya, land tax, a fifth of buried treasure, and Zakah. This income is collected continuously irrespective of whether there was a need or not. more
The Constitution of the Caliphate State,

Article 36: The powers of the Caliph

Article 36: The Caliph (Khalifah) possesses the following powers: He is the one who adopts the Shari’ah rules derived by a correct Ijtihadfrom the Book of Allah (swt) and the Sunnah of his Messengernecessary for managing the affairs of the Ummah so that they become laws (Qawanin) which are obligatory to obey, and it is not permitted to oppose them. He is responsible for governing the domestic and… more
The Constitution of the Caliphate State,

Article 39: The duration and terms of the mandate of the caliph

Article 39: The Caliph (Khalifah) does not have a fixed term of office; as long as the Caliph (Khalifah) preserves the Shari’ah and he implements its rules, and is capable of carrying out the affairs of the State, he remains as a Caliph (Khalifah) as long as his situation does not change to one that would remove him from the leadership of the State. If his state changes in this manner, then it is… more
The Constitution of the Caliphate State,

Article 147: Conditions of taxation

Article 147:The State has the right to impose taxes in order to undertake anything that the Shari’ah obligated upon the Ummah if the funds in the Bayt Al-Mal were insufficient since the obligation for funding it would be transferred onto the Ummah. The State has no right to impose a tax for the sake of whatever is not obligatory upon the Ummah to undertake, and so it is not permitted to collect… more
The Constitution of the Caliphate State

Article 12: The sources of legislation

Article 12: The Book, the Sunnah, the Ijmaa’ of the Sahabah and the Qiyas (analogy) are the only evidences considered in Shari’ah laws, and it is not permitted to adopt any legislation from other than these evidences. more
The Constitution of the Caliphate State,

Article 106: Election of Ummah- and Provincial Councils

Article 106: The members of the Provincial Councils are directly elected by the people in their provinces, and the number of members of any Provincial Councils is decided according to the ratio of the inhabitants in such province to the whole population of the State. The members of the Ummah Council are elected directly by the Provincial Councils. The start and end of the terms of the Ummah… more
The Constitution of the Caliphate State,

Article 42: The Delegated assistant

Article 42: The Khalifah appoints a delegated assistant or more for himself, who carry the responsibilities of ruling. So he delegates to them the management of affairs, where they conduct them according to their opinion and Ijtihad. On the death of the Khalifah, the role of his assistants ends, and they do not continue in their work except for the period of the temporary leader. more