Constitution of the Caliphate State / Systems & Policy

Article 122: Custody of the child is a right and duty upon the mother, irrespective of whether she is a Muslim or not as long as the child needs this care. If the child no longer needs the care, then the situation is examined. If both of the parents are Muslim then the child, whether boy or girl, chooses whomever they would like to live with, and they will join whomever they choose, irrespective of whether that was the man or woman. If one of them is non-Muslim, then there is no choice between them; and they rather will join the Muslim parent.

 Article 123: The management of the economy is to take in consideration the viewpoint about the targeted society when considering the fulfilment of the needs. So what the society ought to be should be made the basis for the fulfilment of the needs.

 Article 124: The primary economic problem is the distribution of wealth and benefits to all of the subjects of the State, and facilitating their utilisation of this wealth and benefits, by enabling them to strive for them and possess them.

Article 125: It is obligatory to guarantee that all the basic needs are met for everyone, and are completely met on an individual basis, and to guarantee that every individual is facilitated to satisfy the extra needs (non-essential needs) to the highest level possible.

Article 126: The wealth belongs to Allah (swt) alone, and He (swt) has made human beings the trustees of it. Through this general trust they have been given the right to ownership of wealth. Allah (swt) has permitted for the individual to possess the wealth; so through this specific permission, he managed to possess it practically.

Article 127: There are three types of property: private, public and State.

Article 128: Private property is Shari’ah rule determined by the property itself or the benefit from it. This qualifies the one that owns a property to benefit of it or gets an exchange for it.

Article 129: Public property is the permission of the Legislator (swt) for the community to collectively utilise the property itself.

Article 130: State property is every wealth whose expenditure is determined by the opinion and Ijtihadof the Caliph (Khalifah), such as the wealth derived from taxes, land tax and Jizya.

Article 131: Private property consisting of liquid and fixed assets is restricted to the following five Shari’ah means:

1. Work
2. Inheritance
3. The need of wealth for the sake of living
4. Donation from the wealth of the State to its subjects
5. Funds taken by individuals without any effort or purchase