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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / War Department

Article 63: The Army

The Constitution of the Caliphate State, Article 63: The Army has two sections: the reserve section, which is all those Muslims who are capable of carrying arms, and the section of regular soldiers, who get salaries from the State budget in the same manner as the civil servants.

Its evidence is the evidence of the obligation of Jihad, since every Muslim is obligated with Jihad and its training and accordingly all of the Muslims are a reserve army since Jihad is obligatory upon them. As for making a section of them to be full-time regular soldiers, its evidence is the rule

(ما لا يتم الواجب إلا به فهو واجب)

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

since the carrying out of Jihad consistently, along with the defence of the Islamic lands and protecting the honour of the Muslims from the disbelievers cannot be done except with a permanent army. Therefore, it is obligatory upon the leader to establish a permanent army.

As for setting a salary for those soldiers in the same manner as the civil servants, with respect to the non-Muslims, this is clear since they are not required to fight against disbelievers, but if they undertake Jihad, it is accepted from them, at which time it is permitted to give them money as well as to give them a share from the portion of booty which is intended to bring the hearts closer to Islam – due to what is narrated by Al-Zuhri

«أَنَّ النَّبِيَّ  صلى الله عليه وآله وسلم أَسْهَمَ لِقَوْمٍ مِنْ الْيَهُودِ قَاتَلُوا مَعَهُ»

“That the Messenger of Allah gave a portion to some people among the Jews who fought along with him(reported by Al-Tirmidhi and it is from the Maraseel of Al-Zuhri, and Ibn Qudamah used it as an evidence in Al-Mugni). Also, it is narrated that

«أَنَّ صَفْوَانَ بْنَ أُمَيَّةَ خَرَجَ مَعَ النَّبِيِّ  صلى الله عليه وآله وسلم يَوْمَ حُنَيْنٍ وَهُوَ عَلَى شِرْكِهِ، فَأَسْهَمَ لَهُ، وَأَعْطَاهُ مِنَ الغَنَائِمِ مَعَ المُؤَلَّفَةِ قُلُوبُهُمْ»

Safwan b. Umayya accompanied the Prophet  صلى الله عليه وآله وسلم on the day of Hunayn and he was a disbeliever. He was given a share of the spoils, which was part of the portion given to those hearts it was intended to win.”, as mentioned by Ibn Qudama in Al-Mughni and Ibn Hisham in his Sirah.

Al-Bukhari reported from Abu Hurayrah that the Messenger of Allah  صلى الله عليه وآله وسلم said

«يَا بِلَالُ قُمْ فَأَذِّنْ لَا يَدْخُلُ الْجَنَّةَ إِلَّا مُؤْمِنٌ وَإِنَّ اللَّهَ لَيُؤَيِّدُ هَذَا الدِّينَ بِالرَّجُلِ الْفَاجِرِ»

“O Bilal, Stand up and announce in public: none will enter Paradise but a believer, and Allah may support this religion (Deen) with a wicked man”. And Ibn Hisham mentioned in his Sirah that Quzman, who was an idol worshipper, accompanied the companions of the Messenger of Allah  صلى الله عليه وآله وسلم on the day of Uhud, and he killed seven or eight of the idol worshippers, and so the Messenger  صلى الله عليه وآله وسلم said

«إِنَّ اللَّهَ لَيُؤَيِّدُ هَذَا الدِّينَ بِالرَّجُلِ الفَاجِرِ»

“Truly Allah supports this religion ( Deen) with a wicked man”. Al-Shawkani mentioned this in his book Al-Darari Al-Mode’a and Nayl Al-Awtar and it is confirmed by those who wrote the life of the Prophet  صلى الله عليه وآله وسلم .

All of these evidences indicate the permissibility for a disbeliever to be part of the Islamic Army and to give him money due to his presence there. Additionally, the definition of employment is a contract upon a service for recompense, which indicates that employment is permitted upon every service that the employer could use from an employee, and so it includes employing someone to be in the Army, and for partaking in fighting, since it is a service. Accordingly, the generality of the evidence for employment upon any service is an evidence for the permissibility of employing a disbeliever to be in the Army and partake in fighting. However, it must be under the flag of the Muslims and not a flag of disbelief as is clarified in the reality of the evidences mentioned, since the disbelievers who fought with the Muslims did so under the flag of the Muslims and not under the flag of disbelief; in other words, they fought as soldiers as part of the Muslims’ Army. Built upon this, it is permitted for the people of Dhimmah to fight in the Army of the Muslims for a wage, which can occur if the Khalifah considers that their fighting as soldiers in the Army of the Muslims bring a benefit to the Muslims and there is no harm as a result, in which case, it is permitted to accept them in the Army of the Muslims and to pay them. In other words, this is made permitted for them. However, if there was harm from their entering the Islamic Army, then this permitted issue from amongst the permitted issues would be forbidden due to the harm, in accordance with the rule regarding harm as is mentioned in its section in Usul.

This is with regards to the non-Muslim. With respect to the Muslim, even though Jihad is an act of worship, it is permitted to employ a Muslim for the military and fighting, due to the generality of the evidence for employment. Also, employment upon the undertaking of an act of worship whose benefit is not limited to the one who did the act is permissible, due to the words of the Prophet  صلى الله عليه وآله وسلم

«إِنَّ أَحَقَّ مَا أَخَذْتُمْ عَلَيْهِ أَجْرًا كِتَابُ اللَّهِ»

“You are most entitled to take wages for the teaching of the Book of Allah.”(reported by Al-Bukhari from Ibn Abbas). Teaching the Quran is an act of worship, so in the same manner that it is permitted to employ a Muslim in order to teach the Quran, or to lead the prayer, or to make the call to prayer, which are all acts of worship, it is likewise permitted to employ someone for the sake of Jihad and to be in the Army. Moreover, there is evidence on the hiring of Muslims for Jihad even though it is a duty upon them. Ahmad and Abu Dawud narrated that ’Abdullah Bin Umar (ra) said that the Prophet  صلى الله عليه وآله وسلم said

«لِلْغَازِي أَجْرُهُ وَلِلْجَاعِلِ أَجْرُهُ وَأَجْرُ الْغَازِي»

“The warrior (Al-Ghazi) has his reward and one who equips him (Al-Ja’il) has his reward and that of the warrior”. Al-Ghazi is the one who personally goes out to battle, while the Ja’il is the one who fights on someone else’s behalf for a wage. It is written the Al-Muhit dictionary “Al-Ji’ala…is the amount given to someone doing an action…and what is assigned to a Ghazi if he fights on your behalf for a wage.” Ajr is used to mean both wage and reward. As for what is well known among people that Ajr always means the reward which comes from Allah (swt) to His servant for doing a good deed and that Ijarah is the reward for an action from one person to another which includes employment – in actual fact, there is no support forthis differentiation. Rather what the language stated is that the Ajr is the reward for an action. It is mentioned in the Al-M­uhit dictionary that Ajr is the reward for the action, like the Ijara. The meaning of the narration is that Ghazi has his reward while the Ja’il has his wage, since the word can have many meanings, and the indication in the narration would specify the intended one. In this case, the word Ghazi indicates that what is meant by Ajr is reward from Allah (swt), and the word Al-Ja’il indicates that Ajr means wage, because each of them is an indication that specified the intended meaning. Al-Bayhaqi narrated on the authority of Jubayr b. Nufayr who said:

«مَثَلُ الَّذِينَ يَغْزُونَ مِنْ أُمَّتِي، وَيَأْخُذُونَ الـجُـعَـلَ، وَيَتَقَوَّوْنَ عَلَى عَدُوِّهِمْ، مَثَلُ أُمِّ مُوسَى، تُرْضِعُ وَلَدَهَا، وَتَأْخُذُ أَجْرَهَا»

“The Messenger  صلى الله عليه وآله وسلم said, “Those of my nation (Ummah) who fightand take wages to strengthen themselves against their enemy are like the mother of Moses who breastfeeds her son and takes her payment.” and similar is reported by Said Bin Mansur, and the meaning of the word Ajr here is wage. Therefore, the Army has salaries in the same manner as the civil servants.

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Article 38: Powers and Conditions for care for parishioners

Article 38: The Caliph (Khalifah) has the complete right to govern the affairs of the subjects according to his opinion and Ijtihad. He can adopt anything of the permitted issues that he needs to run the affairs of the State and to manage the peoples’ affairs and he is not permitted to contradict any Shari’ah rule for the sake of benefit. For example, he cannot prohibit the single family from… more
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Article 154: Employees are equal, regardless of the employer

Article 154: Company employees and those employed by individuals have the same rights and duties as employees of the State. Everyone who works for a wage, irrespective of the nature of the work, is considered an employee. In matters of dispute between employers and employees over salary levels, the salary level is to be assessed on the basis of the market. If they disagree over something else,… more
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Article 67: The educational intellectual and cultural preparing of the Army

Article 67: It is obligatory to provide the Army with the highest level of military education and raise its intellectual level as far as possible. Every individual in the Army should be given Islamicculture that enables him to have an awareness of Islam, to at least a general level. more
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Article 188: Carrying the call to Islam

Article 188: The foreign policy revolves around carrying the call to Islam; and the relationship between the State and all of the other states is built upon this basis. more
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Article 84: The Muhtasib

Article 84: The Muhtasib is the judge who investigates all cases, in the absence of an individual litigation, involving the rights of the public that do not involve the Hudud (proscribed punishments) and criminal acts. more
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Article 29: Required from a country for a contracting pledge

Article 29: It is stipulated that the authority of the region or the country that gives the Caliph a contracting pledge is autonomous dependent upon the Muslims alone, and not upon any disbelieving state; besides the security of the Muslims in that country, both internally and externally, is by the security of Islam not the security of the disbelief. With respect to the pledge of obedience taken… more