The Constitution of the Caliphate State, the Caliph

Details
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.

Details
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.

Details
Category: The Caliph §24-41

The Constitution of the Caliphate State, 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 having more than one child on the pretext of shortageof foodstuffs, or fix prices on the pretext of preventing exploitation, or appoint a non-Muslim or a woman as a governor on the pretext of looking after the affairs or benefit, nor anything else which contradicts the Shari’ah rules. It is not permitted for him to prohibit a permitted matter and nor to allow a prohibitedmatter.

Details
Category: The Caliph §24-41

The Constitution of the Caliphate State, 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 obligatory to remove him from his position at that time.