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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / Governors

Article 53: Preconditions of governor and ’Ummal

 The Constitution of the Caliphate State, Article 53: The Khalifah appoints the governors. The ’Ummal (workers) are appointed by the Khalifah and by the governors if they have been delegated that power. The preconditions of the governor and ’Ummal are the same as the conditions for the assistants, so it is imperative that they are free, just, Muslim, adult men and are from the people who have the capability to do what they are assigned to, and they are chosen from the people of Taqwa (God fearing) and power.

The evidence for this article is the action of the Messenger  صلى الله عليه وآله وسلم and the companions after him. The Messenger  صلى الله عليه وآله وسلم used to undertake the empowerment of the governors or leaders of the lands, and used to empower them with the full governorship as what happened with Amr b. Hazm, who was the governor over the whole of Yemen. In the same manner, the Messenger  صلى الله عليه وآله وسلم would sometimes empower someone with part of the responsibilities from the governorship, as what happened with Mu’adh Bin Jabal and Abu Musa, who were sent to provinces independent of each other in Yemen, and said to them

«يَسِّرَا وَلا تُعَسِّرَا، وَبَشِّرَا وَلا تُنَفِّرَا، وَتَطَاوَعَا»

“Show leniency (to people); don’t be hard upon them; give them glad tidings; and don’t create aversion; and work in collaboration.” (agreed upon narration reported from Abu Musa). The fact that the governor is permitted to appoint ’Ummal in his governorship this is taken from the fact that the Khalifah can entrust the governor to appoint ’Ummal.

With respect to making the conditions for the governors the same as those for the assistants, this is since the governor is like the assistant in that he is acting on behalf of the Khalifah in ruling - so he is a ruler - and so the same conditions that apply to the Khalifah apply to him, since the conditions for the assistant are the same as those for the Khalifah. Therefore, it is a condition that he is male, due to his  صلى الله عليه وآله وسلم words

«لَنْ يُفْلِحَ قَوْمٌ وَلَّوْا أَمْرَهُمُ امْرَأَةً»

“Never will succeed such a nation that makes a woman their leader .(reported by Al-Bukhari from Abu Bakrah).And the appointment in the narration is the ruling, by the evidence of his  صلى الله عليه وآله وسلم words “their leader”, and the word “their leader” if it is next to governor, and governorship/ appointment, then the meaning of governor and appointment is specified as ruling and authority.

It is a condition that he be free since the slave does not possess himself and so cannot be a ruler over others. He must be a Muslim, due to His (swt) 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). He should be adult and sane due to the narration

«رُفِعَ الْقَلَمُ عَنْ ثَلاَثَةٍ»

“The pen is lifted from three (their actions are not recorded)” (reported by Abu Dawud from ’Ali Bin Abi Talib(ra)) which includes

« عَنْ الصَّبِيِّ حَتَّى يَبْلُغَ... وَعَنْ الْمَعْتُوهِ حَتَّى يَبْرَأَ »

“The child until he reaches puberty … and the lunatic until he regains sanity”. And in another narration from Abu Dawud from ’Ali b. Abi Talib (ra),

«رُفِعَ الْقَلَمُ عَنْ ثَلاثَةٍ عَنِ الْمَجْـنُونِ الْمَغْلُوبِ عَلَى عَقْلِهِ حَتَّى يَفِيقَ، وَعَنِ النَّائِمِ حَتَّى يَسْـتَـيْقِظَ، وَعَنِ الصَّبِيِّ حَتَّى يَحْتَلِمَ»

“The Messenger of Allah said the pen is lifted from three (their actions are not recorded): a lunatic whose mind is deranged till he is restored to consciousness, from a sleeper until he awakes and from a boy till he reaches puberty.” and in the same manner the narration from Ahmad from ’A’ishah (ra) who said that the Messenger of Allah  صلى الله عليه وآله وسلم said

«رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ عَنْ الصَّبِيِّ حَتَّى يَحْتَلِمَ وَعَنْ النَّائِمِ حَتَّى يَسْتَيْقِظَ وَعَنْ الْمَعْتُوهِ حَتَّى يَعْقِلَ...»

“The pen is raised from three (their actions are not recorded):  from the boy  until he reache puberty, from a sleeper till he awakes, and from the insane person till he restores his senses…” and from the understanding of raising of the pen is that he is not accountable for action, and the raising of the pen raises the rule, so it would not be correct for them to undertake the implementation of the rules, or in other words, the authority.

In the same manner, it is a condition that he be just, since Allah (swt) made justice a condition for the witness and so ,therefore, by greater reasoning it is  a necessity for the ruler, due to the words

((يَا أَيُّهَا الَّذِينَ آَمَنُوا إِنْ جَاءَكُمْ فَاسِقٌ بِنَبَأٍ فَتَبَيَّنُوا))

 “O you who have believed, if there comes to you a disobedient one with information, investigate.(TMQ 49:6), so He (swt) ordered the verification for the word of the fasiq, and the rule of the ruler has to be accepted without any verification, so it is not permitted for the ruler to be from those whose word is not accepted and whose rule requires verification.

It is a condition that he is from the people of capability and ability to carry out what he has been appointed to do from the actions of ruling, since the Messenger  صلى الله عليه وآله وسلم said to Abu Dharr

«إِنِّي أَرَاكَ ضَعِيفًا»

“I see that you are weak” (reported by Muslim from Abu Dharr), and in another narration

«يَا أَبَا ذَرٍّ، إِنَّكَ ضَعِيفٌ، وَإِنَّهَا أَمَانَة»

“O Abu Dharr, you are weak and this is a trust”, which is evidence that whoever is weak or incapable of undertaking the burdens of ruling is not suitable to be a governor.

The Messenger  صلى الله عليه وآله وسلم used to choose the governors from the people who were suitable for rule and the people of knowledge who were known for Taqwa, and he chose them from the people who would do the best in what they were appointed, and would fill the hearts of their subjects with Iman and the dignity of the State. It is narrated from Sulayman Bin Buraydah from his father who said

«كَانَ رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم إِذَا أَمَّرَ أَمِيرًا عَلَى جَيْشٍ أَوْ سَرِيَّةٍ أَوْصَاهُ فِي خَاصَّتِهِ بِتَقْوَى اللَّهِ وَمَنْ مَعَهُ مِنَ الْمُسْلِمِينَ خَيْرًا ...»

“Whenever the Messenger of Allah  صلى الله عليه وآله وسلم appointed a leader over an army or a a detachment, he would especially exhort him to fear Allah, and be good to  the Muslims who are with you” (reported by Muslim), and the governor is the leader over his governorship and ,therefore, falls under the meaning of this narration.

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Article 14: Acts and things in terms of the Shari’ah

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Article 32: Vacancy of the position of Caliphate

Article 32: If the position of the Caliphate (Khilafah) becomes vacant due to the death of its leader, his resignation or his removal, it is obligatory to appoint a Caliph (Khalifah) within three days from the date that the position of the Caliphate (Khilafah) became vacant. more
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Article 19: Conditions of ruler

Article 19: It is not permitted for anyone to be in charge of ruling or any action considered to be from the ruling unless they are male, free, adult, sane, just, capable of carrying out the responsibility, and it is not permitted for anyone other than a Muslim. more
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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
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Article 88: Appointment and accountability of the judge of Madhalim

Article 88: The judge of the Court of Injustices (Madhalim) is appointed by the Khalifah, or by the Supreme Judge. His accounting, discipline and removal are done by the Khalifah or by the Supreme Judge if the Khalifah had given him the powers to do so. However he cannot be removed during his investigation of a Madhlamah against the Khalifah, or the executive assistants, or the Supreme Judge;… more
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Article 91: The court of justices investigate any case of injustice

Article 91: The Court of Injustice Acts (Madhalim) has the authority to investigate any case of injustice (Madhlamah), irrespective of whether it is related to officials of the State, the Head of State’s deviation from the Shari’ah rules, interpretation of the legislative texts in the constitution, law (Qanun) and other Shari’ah rules within the framework adopted by the Head of State, or the… more