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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / War Department

Article 62: Jihad

The Constitution of the Caliphate State, Article 62: Jihad is obligatory upon the Muslims and military training is compulsory. Every male Muslim who has reached the age of 15 is obligated to undertake military training in order to prepare him for Jihad. Recruitment is an obligation of sufficiency.

The evidence for the article is from the Book and the Sunnah; Allah (swt) says

((وَقَاتِلُوهُمْ حَتَّى لَا تَكُونَ فِتْنَةٌ وَيَكُونَ الدِّينُ كُلُّهُ لِلَّهِ))

Fight them until there is no [more] fitnah and [until] worship is [acknowledged to be] for Allah.(TMQ 2:193), and He (swt) said

((فَقَاتِلُوا أَئِمَّةَ الْكُفْرِ))

Fight the leaders of disbelief.(TMQ 9:12),and it is narrated from Anas that the Messenger of Allah  صلى الله عليه وآله وسلم said

«جَاهِدُوا الْمُشْرِكِينَ بِأَمْوَالِكُمْ وَأَيْدِيكُمْ وَأَلْسِنَتِكُمْ»

“Fight the polytheists ( idol worshippers) with your wealth, hands and tongues” (reported by Ahmad and Al- Nasa’i with the wording from Al-Nasa’i, and both Al- Nasa’i and Al-Hakim authenticated it and Al-Dhahabi confirmed it). And Mu’adh b. Jabal said that the Prophet  صلى الله عليه وآله وسلم said

«ذُرْوَةُ سَنَامِ الإِسْلاَمِ الْجِهَادُ فِي سَبِيلِ اللَّهِ»

“The peak of Islam is Jihad in the cause of Allah” (reported by Ahmad).

When modern warfare requires military training in order to undertake what is required by the Shari’ah in terms of defeating the enemy and liberating lands, then this training would be obligatory in the same manner that Jihad is, in accordance with the Shari’ah principle

(ما لا يتم الواجب إلا به فهو واجب)

“That, without which the obligation cannot be accomplished, is itself an obligation”.

This is because the order to fight encompasses training, since it is a general order

((وَقَاتِلُوهُمْ}

“and fight them”, which is an order to fight as well as an order to do whatever makes you capable of fighting. Above and beyond that, Allah (swt) said

((وَأَعِدُّوا لَهُمْ مَا اسْتَطَعْتُمْ مِنْ قُوَّةٍ))

And prepare against them whatever you are able of power.(TMQ 8:60), and training and expert military experience is preparation of power, since they are required in order to become capable of fighting. Accordingly, training is part of the power that must be prepared in the same way as military equipment, supplies and so on.

As for recruitment, in other words, to make people soldiers in the Army under military preparedness on a permanent basis, which means the creation of Mujahidin who practically undertake the Jihad and its requirements, then this is an obligation since undertaking the Jihad is a constant obligation which continues irrespective of whether the enemy attacks us or not. Accordingly, recruitment is an obligation of sufficiency.

As for Jihad being an obligation upon the Muslims and not upon the rest of the subjects of the State – this is because the type of Jihad which has been made obligatory in the verses regarding Jihad is the fighting against the disbelievers, and this does not come from the disbelievers, and so ,therefore, according to this meaning the Jihad cannot be obligatory upon the non-Muslims. However, it is permitted for the non-Muslim subjects of the State to fight the enemy alongside the Muslims, since Quzman who was an idol-worshipper went out and fought the idol-worshippers alongside the companions of the Messenger of Allah  صلى الله عليه وآله وسلم on the day of Uhud and the Messenger of Allah  صلى الله عليه وآله وسلم did not forbid him doing so.

With respect to it being an obligation upon the men and not women – this is due to what is reported from Ahmad and Ibn Maja through 'Aisha (ra) who said: O Messenger of Allah  صلى الله عليه وآله وسلم , do women have to do Jihad? He  صلى الله عليه وآله وسلم said

«نَعَمْ عَلَيْهِنَّ جِهَادٌ لاَ قِتَالَ فِيهِ: الْحَجُّ وَالْعُمْرَةُ»

“Yes, they have to take part in Jihad in which no fighting takes place: Hajj and ’Umra”.

And as for limiting it to those fifteen and above, this is due to the narration reported by Al-Bukhari from Nafi’ who said

«حَدَّثَنِي ابْنُ عُمَرَ رضي الله عنهمَا أَنَّ رَسُولَ اللَّهِ  صلى الله عليه وآله وسلم عَرَضَهُ يَوْمَ أُحُدٍ وَهُوَ ابْنُ أَرْبَعَ عَشْرَةَ سَنَةً فَلَمْ يُجِزْنِي، ثُمَّ عَرَضَنِي يَوْمَ الْخَنْدَقِ وَأَنَا ابْنُ خَمْسَ عَشْرَةَ سَنَةً فَأَجَازَنِي»

“Ibn Umar told me that the Messenger of Allah called him to present himself in front of the Prophet  on the Day of Uhud, and he was fourteen at the time, and the Prophet  صلى الله عليه وآله وسلم did not allow him to take part in that battle, and then on the Day of Al-Khandaq when he was fifteen, he gave him permission to take part”. Nafi’ said I met Umar b. ’Abd Al-Aziz when he was the Khalifah and mentioned this narration to him, so he said: This is the limit between the young and adult, and he wrote to his workers to make it obligatory upon anyone who reached the age of fifteen. In other words, he ordered to prepare provisions for them in the army office.

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Article 2: Dar Al-Islam (Islamic Abode) is the territory where the rules of Islam are implemented and its security is upheld by Islam. Dar Al-Kufr (abode of disbelief) is the territory where the rules of Kufr are implemented or its security is upheld by other than the security of Islam. more
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Article 149: The permanent sources of income for Bayt Al-Mal

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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
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Article 146:Taxes

Article 146:Muslims pay the taxes that the Shari’ah has permitted to be levied upon them in order to cover the expenditure of the Bayt Al-Mal, on the condition that it is levied on that which is surplus to the individual’s needs according to what is normal, and has to be sufficient to cover the needs of the State. more
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Article 55: Coordination between governor and Caliph

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… more
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Article 121: The spouses: duties and rights

Article 121: The married couple must fully assist each other in the housework, and the husband must carry out all the work which is usually undertaken outside the house, while the wife carries out all the work which is usually undertaken inside the house, according to her capability. He must provide her with a servant as required to assist with the tasks that she is unable to carry out alone. more