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Constitution of the Caliphate State for Android

Constitution of the Caliphate State / War Department

Article 65: The Commander of army and military ranks

The Constitution of the Caliphate State, Article 65:The Khalifah is the Commander of the Army and he appoints the Chief of General Staff, a general for each brigade, and a commander for every division. The remaining ranks in the Army are appointed by the brigadiers and commanders. The appointment of a person in the General Staff is according to his level of military expertise and is carried out by the Chief of General Staff.

The Khalifah is the general leader for all of the Muslims in this world, in order to establish the rules of the Shari’ah and carry the Islam to the rest of the people. The main method to carry Islam to the rest of the world is Jihad, and so it is imperative that he undertakes Jihad, since the contract of the Khalifah is upon him personally, and ,therefore, it is not permitted for anyone else to undertake it. Accordingly, the management of the issue of Jihad is specific to the Khalifah and it is not permitted for anyone else to undertake it. Even though every Muslim undertakes Jihad, the undertaking of Jihad and the management of Jihad are two different things. Jihad is obligatory upon every Muslim, but the management of Jihad is for the Khalifah alone, and not anyone else. The Khalifah can appoint someone to carry out on his behalf what has been obligated upon him as long as he is under his observation and supervision, while it is not permitted to give him complete independence without his monitoring and supervision. The monitoring that the Khalifah undertakes here is not like the type of reporting that the assistant gives him; rather the one who he has delegated remains directly under his orders and direct supervision. The leadership of the Army can be given to whomever he pleases with the condition that they are under the control of the Khalifah and his direct supervision. It is not permitted for him to appoint someone without retaining direct supervision and control over him, which must not be simply symbolic. This is because the contract of the Khilafah is upon him personally and so it is obligatory for him to manage the affairs of Jihad. Accordingly, what is said in other non-Islamic systems that the Head of State is the Commander and Chief of the Army, and this leadership is symbolic while another independent commander is appointed to the Head of the Army, is considered invalid according to the Islamic viewpoint, and is something that the Shari’ah does not agree to. Rather, the Shari’ah obligates that the Khalifah should be the practical Commander of the Army.

As for non-leadership positions in the technical, administrative or other matters, the Khalifah may appoint others to act independently on his behalf in the same manner as the governors, and it is not necessary for them to be under his direct control or for him to supervise them. Additionally, the Messenger  صلى الله عليه وآله وسلم used to personally undertake the practical leadership of the Army and the leadership during the battles, and would appoint commanders over sections of the Army that would go out for battle expeditions without him. He  صلى الله عليه وآله وسلم used to appoint a commander for each expedition, and sometimes would take the precaution of appointing someone else to succeed them if they were killed, as happened with the battle of Mu’tah. Al-Bukhari reported from ’Abd Allah b. Umar (ra) who said:

«أَمَّرَ رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم فِي غَزْوَةِ مُؤْتَةَ زَيْدَ بْنَ حَارِثَةَ فَقَالَ رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم إِنْ قُتِلَ زَيْدٌ فَجَعْفَرٌ وَإِنْ قُتِلَ جَعْفَرٌ فَعَبْدُ اللَّهِ بْنُ رَوَاحَةَ»

“The Messenger of Allah appointed Zaid Bin Haritha a leader in Mu’tah expedition. He  صلى الله عليه وآله وسلم said: if Zaid is killed, then Ja’far Bin Abi Talib takes the flag, and if Ja’far is killed, then ’Abdullah Bin Rawahah takes it”. Therefore, the Khalifah is the one who appoints the commander of the Army, appoints the brigadiers and gives them the banners and appoints the leaders of the divisions. The Army which was sent to Al-Sham like the Army of Mu’tah and the Army of Usamah was a single brigade, with the evidence being that the Prophet  صلى الله عليه وآله وسلم had tied the banner for Usamah. The expeditions that fought in theArabian Peninsula and returned back to Madinah, such as the expedition of Sa’d Bin Waqqas which he  صلى الله عليه وآله وسلم sent towards Makkah, were all in the form of divisions. This indicates that the brigadiers and the commanders of the divisions are appointed by the Khalifah. It is not confirmed that the Prophet  صلى الله عليه وآله وسلم appointed anyone other than leaders of the Armies and the commanders of the expeditions, which indicates that their appointment in the battlefield was left to their leaders.

With regards to the Chief of Staff who is responsible for the technical matters, he is similar to the Commander of the Army in terms of being appointed by the Head of State and he can be made independent and carry out his duties without being directly supervised by the Khalifah, although he has to be under his command.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 31: Required for nomination and election of the Caliph

Article 31: There are seven conditions for the Caliph to be contracted, which are: to be male, Muslim, free, adult, sane, just, and from the people who have the capability. more
The Constitution of the Caliphate State,

Article 123: The management of the economy

Article 123: The management of the economy is to take in consideration the viewpoint about the targeted society when considering the fulfilment of the needs. So what the society ought to be should be made the basis for the fulfilment of the needs. more
The Constitution of the Caliphate State,

Article 69: The State obligations towards the army

Article 69: It is obligatory to provide the Army with weapons, supplies and equipment, as well as all necessities and requirements, which enable it to carry out its mission as an Islamic Army. more
The Constitution of the Caliphate State,

Article 113: In origin men and women are segregated

Article 113: In origin men and women are segregated, and do not come together except for a need by Shar’ agreesto it and agrees to their assembly for it , such as trade and the pilgrimage. more
The Constitution of the Caliphate State,

Article 170: The basis for the education curriculum

Article 170:It is imperative that Islamic ‘Aqeedah is the basis for the education curriculum. The syllabi and the ways of teaching are all drafted in a manner that does not deviate from this basis. more
The Constitution of the Caliphate State,

Article 98: Employment in the administrative system

Article 98: Anyone who carries citizenship, and is competent, whether male or female, Muslim or non-Muslim, can be appointed as a manager for an administration, a department, or a division, and to be a civil servant in it. more
The Constitution of the Caliphate State,

Article 56: Powers of provincial assembly

Article 56: Every province has an assembly elected from its people and championed by the governor. The assembly has the authority to participate in expressing opinions on administrative matters and not on ruling; and this would be for two objectives: Firstly - providing the necessary information about the situation of the governorate and its needs to the governor and to express their opinion… more