The Constitution of the Caliphate State, the Caliph

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Category: The Caliph §24-41

The Constitution of the Caliphate State, Article 34: The method of appointing the Caliph (Khalifah)is the pledge of allegiance (Bay’a). The practical steps to appoint the Caliph (Khalifah)and his Bay’a are:

  1. The Madhalim court announces the vacancy of the position of the Caliphate (Khilafah)
  2. The temporary leader takes control of his responsibility and announces the opening of the nomination procedure immediately
  3. Applications of the candidates fulfilling the contracting conditions would be accepted, excluding the other applications, by the decision from the Madhalim court.
  4. The candidates who have been accepted by the Madhalim court, are then short listed twice by the Muslim members of the Shura council: first; they select the six candidates who got the highest votes from them, and the second stage is to select the two candidates who got the highest votes
  5. The names of the two are announced and the Muslims are requested to vote for one of them
  6. The result of the elections is announced and the Muslims are informed of the one that got most of the votes.
  7. The Muslims promptly set out to give the pledge to whoever got most of the votes, as the Caliph(Khalifah)of the Muslims upon the Book of Allah (swt) and the Sunnah of His Messenger صلى الله عليه وآله وسلم .
  8. Once the pledge has been completed, the Caliph (Khalifah) is announced to the public, until the news of his appointment has reached the whole Ummah, with mentioning of his name and that he fulfilled the characteristics that make him valid for contracting the Caliphate (Khilafah)to him.
  9. After completing the steps to appoint the new Caliph (Khalifah) the responsibility of the temporary leader ends.

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Category: The Caliph §24-41

The Constitution of the Caliphate State, Article 35: The Ummah is the one who appoints the Caliph (Khalifah). However, it does not possess the right to remove him once the pledge of allegiance has been concluded according to the Shari’ah method.

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Category: The Caliph §24-41

The Constitution of the Caliphate State, Article 36: The Caliph (Khalifah) possesses the following powers:

  1. He is the one who adopts the Shari’ah rules derived by a correct Ijtihadfrom the Book of Allah (swt) and the Sunnah of his Messengerصلى الله عليه وآله وسلمnecessary for managing the affairs of the Ummah so that they become laws (Qawanin) which are obligatory to obey, and it is not permitted to oppose them.
  2. He is responsible for governing the domestic and foreign affairs of the State, and he takes command of the Army; he has the right to announce war, to sign peace treaties, truces and all other types of agreements.
  3. He is the one who can accept or reject foreign ambassadors and appoint and remove the Muslim ambassadors.
  4. He is the one who appoints and removes the assistants and governors. They are all responsible to him as they are responsible to the Shura council.
  5. He is the one who appoints and removes the head judge and judges with the exception of the Madhalim judge in the event of his looking into a case regarding the Caliph (Khalifah), his assistants or his head judge. He also has the power to appoint and remove the department managers, the commanders of the army, and its generals. All of these are responsible to him and not to the Shura council.
  6. He is the one who adopts the Shari’ah laws according to which the budget of the State is decided, beside the sections of the budget and the amounts allocated to each aspect, irrespective to whether it was related to revenue or expenditure.

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Category: The Caliph §24-41

The Constitution of the Caliphate State, Article 37: The Caliph (Khalifah)’s adoption is restricted by the Shari’ah rules; he is prohibited to adopt any rule which is not derived according to a legitimate deduction from the Shari’ah evidences, and he is restricted with what he adopted of the rules, and by what he bound himself to with respect to the method of derivation. So he is not permitted to adopt a rule which has been derived according to a methodology which contradicts the methodology he adopted, and he cannot give an order which contradicts the rules that he had adopted.