Constitution of the Caliphate State / Ruling & Administration

The Caliph (Khalifah) (24-41); Delegated (Tafwid) Assistants  (42-48); Executive (Tanfidh) Assistant  (49-51); Governors (52-60); Administrative System, Treasury, Media (96-104); Amir of Jihad, Military Department, Army (61-69); Internal Security, Foreign Affairs, Industry (70-74).

Details
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.

Details
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.

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.

Details
Category: The Caliph §24-41

The Constitution of the Caliphate State, Article 40: The issues which alter the state of the Caliph (Khalifah) and ,therefore, remove him from the Caliphate (Khilafah) are three:

  1. If one of the contracting conditionsof the leadership of the State becomes deficient, such as if he apostatises, or commits flagrant sin, or becomes mad, or anything similar. This is because these are from the conditions of contracting, and the conditions of continuation.
  2. The incapability to execute the duties of the Caliphate (Khilafah), for any reason whatsoever.
  3. Coercion over him which makes him unable to independently act in the interests of the Muslims according to his opinion in agreement with the Shari’ah. So if an overpowering force could subdue him to the point that he became unable to govern the affairs of the subjects by his opinion alone according to the Shari’ah rules, he is considered legally incapable of executing the duties of the State, in which case he would be removed from the Caliphate (Khilafah). This could occur in two situations:      

The first situation: For an individual or group of individuals from his advisors to hold sway over him to the point they began to take full control of running the affairs. If it was believed that he could be liberated from their influence, he is admonished for a specific time, and if he does not remove their influence, then he is removed. And if it was not believed that he could be liberated, he is removed immediately.

The second situation: For him to become a prisoner in the hands of an overpowering enemy, either literally or by his submission to the influence of the enemy. This situation is evaluated – if it was hoped he could be liberated, then there is a delay until no such hope remains, and if there were no hope in his liberation, then he is removed; if there was no hope in his liberation, then he is removed immediately.

Details
Category: The Caliph §24-41

The Constitution of the Caliphate State, Article 41: The court of the Madhalim (injustices) is the only authority that can decide whether the change in the situation of the Caliph (Khalifah) removes him from the leadership or not, and it is the only authority that has the power to remove or warn him.

Details
Category: Delegated Assistants §42-48

The Constitution of the Caliphate State, Article 42: The Khalifah appoints a delegated assistant or more for himself, who carry the responsibilities of ruling. So he delegates to them the management of affairs, where they  conduct them according to their opinion and Ijtihad.

On the death of the Khalifah, the role of his assistants ends, and they do not continue in their work except for the period of the temporary leader.

Details
Category: Delegated Assistants §42-48

The Constitution of the Caliphate State, Article 43: The conditions for the assistant are the same as the conditions for the Khalifah; in other words, to be male, free, Muslim, adult, sane, just; and he is from the people of the capability in whatever actions were delegated to him.

  1. Article 44: Empowering of delegated assistant
  2. Article 45 :Work of delegated assistant
  3. Article 46: Scrutiny of actions of delegated assistants
  4. Article 47: Conducting of delegated assistant
  5. Article 48: Responsibility of delegated assistants

Subcategories

The Caliph §24-41

The Constitution of the Caliphate State,

dministrative System, Treasury, Media §96-104