nusr-khilafah-en

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.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 96: Management of government’s and people’s affairs

Article 96: Management of the government’s and people’s affairs is carried out by offices, departments, and administrations, whose task is to ensure the management of the State’s business and the carrying out of the people’s interests. more
The Constitution of the Caliphate State,

Article 47: Conducting of delegated assistant

Article 47: If the assistant conducted an issue, and the Khalifah ordered him to do it, then he must implement it as the Khalifah ordered him to do so, without any addition or deletion. If the Khalifah returned to oppose the assistant rejecting what he has already executed, then the matter is examined; if it was a rule that he had implemented properly, or wealth that he placed in of its right… more
The Constitution of the Caliphate State

Article 77: Types of judiciary

Article 77: The Judges are of three types: One is the Judge (Qadi), and he undertakes settling the disputes between people over transactions and penal codes. The second is the Muhtasib, who undertakes the settling of any breach of law that may harm the rights of the community. The third is the judge of the Court of Injustices (Madhalim), who undertakes the settling of disputes between the people… more
The Constitution of the Caliphate State,

Article 153: The State shall guarantee to find a work for every citizen

Article 153: The State guarantees to create work for all of those who carry its citizenship. more
The Constitution of the Caliphate State

Article 9: Ijtihad (Diligence) is a duty and right

Article 9: Ijtihad is a duty of sufficiency and every Muslim reserves the right to perform Ijtihad provided he meets all its prerequisites. more
The Constitution of the Caliphate State,

Article 30: Required for the allegiance of the Caliphate

Article 30: The only conditions for the one who is given the pledge to be the leader of the State is that he fulfils the contracting conditions of the contract, even if he does not fulfil the preference conditions, since what matters are the contracting conditions of the contract. more
The Constitution of the Caliphate State

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

Article 14: Actions are originally bound by the Shari’ah rules. Hence, no action should be undertaken unless its rule is known. The things on the other side are originally Mubah (permitted) as long as there is no evidence that stipulates prohibition. more

Regarding Declaration of ISIS the Establishment of the Caliphate (Khilafah)

To all the brothers and sisters who sent inquiries about the declaration of the organization's ISIS establishment of the Caliphate State... The matter of the Islamic Caliphate is great and its matter…

Method of Establishing the Caliphate and the Dominant Sultan

There are some comments that state: " the method of seeking the Nussrah (material support) to establish the Khilafah is not the only legitimate way, there is another method, which is "the method of…