The Constitution of the Caliphate State, the Caliph

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Category: The Caliph §24-41

The Constitution of the Caliphate State, 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.

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Category: The Caliph §24-41

The Constitution of the Caliphate State, 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.    

 

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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.