Constitution of the Caliphate State / Ruling & Administration

Article 24: The Khalifah is the representative of the Ummah in excercising of the authorityand in implementing of the Shari’ah.

Article 25: The Khilafah is a contract of choice and consent, so no one is compelled to accept it, and no one is compelled to choose the one who would undertake it.

Article 26: Every sane, adult Muslim, a male or a female, has the right to elect the leader of the State and to give him the pledge of allegiance; while the non-Muslims do not have such right.

Article 27: If the Khilafah is contracted to an individual by the pledge of those it is valid to be contracted with, the pledge of the remainder of the people is a pledge upon obedience and not a pledge of contracting; and so, any one who is seen to have the potential of rebellion is forced to give the pledge.

Article 28: No one can be Khalifa unless the Muslims appoint him, and no one possesses the mandatory powers of the leadership of the State unless the contract with him has been concluded according tothe Shari’ah, like any contract in Islam.

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 from other countries, there are not such conditions.

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.

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.

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.

Article 33: A temporary leader is appointed to take charge of the affairs of the Muslims, and to prepare for the election of the new Caliph (Khalifah) after the vacation of the position of the Caliphate (Khilafah) according to the following process:

1. When the previous Caliph (Khalifah) feels that his life is coming to an end, or is committed to resigning, he has the right to appoint the temporary leader.
2. If the Caliph (Khalifah) dies or resigns before appointing the temporary leader, or the position of the Caliphate (Khilafah) becomes vacant due to another reason, then the eldest of the assistants becomes the temporary leader unless he intended to be a candidate for the Caliphate (Khilafah) in which case the next senior assistant is to be given the position and so on.
3. If all of the assistants intend to be candidates, then the eldest of the executive ministers will become the temporary leader or the one after him in seniority if he intends to be a candidate, and so on.
4. If all of the executive ministers intend to be candidates for the Caliphate (Khilafah), then the position of the temporary leader is given to the youngest executive minister.
5. The temporary leader does not have the right to adopt rules.
6. The temporary leader makes all effort to complete the appointment of a new Caliph (Khalifah) within three days, and it is not permitted for this to be extended except due to overwhelming circumstances approved by the Madhalim court.