Constitution of the Caliphate State

The Constitution of the Caliphate State, General Rules §1-15; System of Ruling §16-23;Caliph §24-41; Delegated Assistants §42-48; Executive Assistant §49-51;  Governors §52-60; Military Department §61-69; Internal Security §70-72; Foreign Affairs Department §73; Department of Industry §74;  Judiciary §75-95; Administrative System §96-101; Treasury §102; Media §103-104; Ummah Council §105-111; Social System §112-122; Economic System§123-169;  Education Policy §170-180;  Foreign Policy §181-191.

Details
Category: Judiciary §75-95

The Constitution of the Caliphate State, Article 95: The contracts, transactions, and verdicts which were ratified and whose implementation was completed before the establishment of the Khilafah are not nullified by the judges of the Khilafah and nor do they review them, unless a case:

  1. Has a continued effect which contradicts Islam, so it is obligatory to review it.
  2. Or if it was connected with harm to Islam and the Muslims which was brought about by the previous rulers and their followers, and so it is permitted for the Khalifah to review such cases.
  3. Or if it was connected to wealth which had been misappropriated and still remains in the hands of the one who had taken it.

Details
Category: Social System §112-122

The Constitution of the Caliphate State, Article 112: The primary role of women is that she is a mother and responsible over the household and she is an honour that must be protected.

Details
Category: Social System §112-122

The Constitution of the Caliphate State, Article 113: In origin men and women are segregated, and do not come together except for a need by Shar’ agreesto it and agrees to their assembly for it , such as trade and the pilgrimage.

Details
Category: Social System §112-122

The Constitution of the Caliphate State, Article 114: The woman has been given the same rights as man, and whatever was oblied upon man is also obliged upon the woman, except that which was specified for her or him by the Shari’ah evidences. Accordingly, she has the right to partake in trade, agriculture and industry, and to undertake contracts and transactions, to possess all forms of property, to invest her wealth whether personally or through proxy, and to personally carry out all worldly affairs.

Details
Category: Social System §112-122

The Constitution of the Caliphate State, Article 115: It is permitted for a woman to be appointed in civil service and positions in the judiciary apart from the Court of Injustices. She can elect members of the Ummah’s council, and be a member herself, and she can participate in the election of the Head of State and in giving him the pledge of allegiance.

Details
Category: Social System §112-122

The Constitution of the Caliphate State, Article 116: It is not permitted for a woman to take a ruling position; so she cannot be a Khalifah, nor an assistant, governor or ‘Amil, nor undertake any action considered to be ruling. In the same manner she cannot be the head judge and nor a judge in the Madhalim court, nor the Amir of Jihad.

Details
Category: Social System §112-122

The Constitution of the Caliphate State, Article 117: The woman lives in public and private spheres; in the public sphere she is permitted to live with women, Maharim men, and foreign men (men whom she can marry) on the condition that nothing other than her face and hands can be revealed, and that the clothing is not revealing, besides there is not any open display of adornments. As for the private sphere, she is not permitted to live with anyone other than women and her Maharim, and she is not permitted to live with unrelated/foreign men. She is restricted by all the Shari’ah rules in both spheres.

Details
Category: Social System §112-122

The Constitution of the Caliphate State, Article 118: It is not permitted for a woman to be alone with a non-Mahram. It is not permitted for her to reveal the adornments (Tabarruj) and the ‘Awrah in front of foreign men.

Details
Category: Social System §112-122

The Constitution of the Caliphate State, Article 119: It is prohibited for any man or woman to undertake any work which could undermine the morals, or causes corruption in the society.

Details
Category: Social System §112-122

The Constitution of the Caliphate State, Article 120: Marital life is one of tranquillity; and the couple should live together as companions. The guardianship (Qawwamah) of the husband over the wife is a guardianship of care and not ruling. It has been made obligatory for her to obey him, and obligatory upon him to financially support her according to the expected standard of living of one like her.

  1. Article 121: The spouses: duties and rights
  2. Article 122: Custody of children
  3. Article 123: The management of the economy
  4. Article 124: The primary economic problem
  5. Article 125: Guarantee the satisfaction of needs

Subcategories

Best Ummah for the People

General Rules §1-15; System of Ruling §16-23; Judiciary §75-95; Ummah Council §105-111;

Awareness & Enlightenment

Social System §112-122; Economic System §123-169; Education Policy §170-180; Foreign Policy §181-191

Ruling and 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).