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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Governors

Article 55: Coordination between governor and Caliph

The Constitution of the Caliphate State, Article 55: The governor is not obliged to inform the Caliph (Khalifah) of what he has carried out within his authorised command. If a new problem arises which has no precedent, he has to inform the Khalifah about it first, and he then proceeds according to the instructions of the Khalifah. If he was afraid that the problem would be exacerbated if delayed, he carries out the action and then must inform the Khalifah later on about the reason for not informing him beforehand.

The evidence is that the Prophet  صلى الله عليه وآله وسلم empowered his governors and did not request them to inform him of what actions they undertook and they did not use to report to him about anything. Rather, they used to undertake their actions with full independence, each of them ruling in his leadership by his opinion; this was the manner of Mu’adh, and ’Attab Bin Asid, Al-’Ala’ b. Al-Hadrami, and of all of the governors of the Messenger of Allah  صلى الله عليه وآله وسلم – which indicates that the governor does not inform the Khalifah about anything from his actions. And in this regard, he is different from the assistant, since the assistant must inform the Khalifah about every action that he undertakes, whereas it is not obligatory upon the governor to inform the Khalifah about any of his actions.

It is obligatory that the Khalifah scrutinise every action the assistant undertakes, whereas it is not necessary for him to scrutinise every action of the governor, though he studies the situation of the governors and scrutinises the news from them. Accordingly, the governor has unrestricted action in his governorship, which is why Mu’adh said to the Messenger  صلى الله عليه وآله وسلم when he was sent to Yemen I will exert my own opinion.”; so this is evidence that the governor does not inform the Khalifah, rather he exercises his opinion. It is not forbidden to take the opinion of the Khalifah in the important issues, but he does not seek his opinion in unimportant issues in order that the interests of the people are not delayed. If something new occurs, he leaves it to the opinion of the Khalifah, because the empowerment of the governorship is that the Khalifah delegates the leadership of a city or region to the governor which is a governorship over all its people, and control in the known issues from his actions. So if a new issue which was not previously known occurred, it is left for the examination of the Khalifah, unless it was feared that this would be detrimental, in which case the governor undertakes the issue and then informs the Khalifah, since it was an issue that was unprecedented.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 90: The Court of Madhalim removes any ruler or employee

Article 90: The Court of Injustice Acts (Madhalim) has the right to remove any ruler or civil servant in the State, in the same way that it has the right to remove the Khalifah, if the elimination of the Madhlamah required this removal. 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 104: Permission for media

Article 104: The media owned by any citizen of the State does not require a permit; rather they are simply required to inform the media office, such that the office knows about the media means that are being established. The owner and the editors of any media means are responsible for every article they publish and are accounted for anything which contradicts the Shari’ah in the same manner as… more
The Constitution of the Caliphate State,

Article 178: Education is compulsory and free for all

Article 178: It is an obligation upon the State to teach every individual those matters that are necessary for the mainstream of life, male or female, in the primary and secondary levels of education. This must be provided free of charge to everyone, and the State should, to the best of its ability, provide the opportunity for everyone to continue higher education free of charge. more
The Constitution of the Caliphate State,

Article 162: Scientific research laboratories

Article 162: All individual subjects of the State have the right to establish scientific research laboratories connected to life issues, and the State must also establish such laboratories. more
The Constitution of the Caliphate State,

Article 82: Permissible to vary the grades of courts

Article 82: It is permissible to vary the grades of courts in respect to the type of cases. Some judges may thus be assigned to certain cases of particular grades and other courts to be authorised to judge the other cases. more
The Constitution of the Caliphate State

Article 13: Innocence, Punishment, Torture

Article 13: In origin, every individual is innocent. No one should be punished without a court verdict. It is absolutely forbidden to torture anyone;and anyone who does this will be punished. more

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