The Khaleefah Constitution:

The Khaleefah

Article 24 The Khaleefah is deputised by the nation with authority for the enactment of the divine law.

Article 25 The Khilafah is a contract of nomination and acceptance. No-one is obliged to accept it and no-one is obliged to nominate a particular person for it.

Article 26 Every mature male and female Muslim, who is sane, has the right to participate in the election of the Khaleefah and in giving him the pledge (bay’ah). Non-Muslims have no right in this regard.

Article 27 Once the contract of the Khilafah has been confirmed on a person through the bay’ah from those who are qualified to give it, the bay’ah of the remaining people is a bay’ah of obedience and not agreement. Consequently, those who may disobey it are obliged to submit.

Article 28 Nobody can become Khaleefah without being appointed by the Muslims. Nobody can hold the authority of the Khilafah unless it is acquired legitimately, as is the case with any contract in Islam.

Article 29 Any state which wishes to give the Khaleefah the bay’ah of agreement must fulfil the following conditions : a. the state must enjoy autonomy that is reliant solely on Muslims, and not on any disbelieving (kafir) state; b. the security of the Muslims in the state, both internally and externally, must be maintained by the security of Islam and not kufr. The bay’ah of obedience - as opposed to the bay’ah of agreement - can be taken from any state without the need to satisfy the aforementioned conditions.

Article 30 The individual who is given the bay’ah for Khaleefah need only fulfil the agreement conditions [listed in Article 31]. He need not fulfil the preferred conditions, because what is essential is the conditions of agreement.

Article 31 There are six conditions of agreement that are necessary for an individual to become a Khaleefah. They are: 1. male  2. Muslim  3. free   4. mature  5. sane and  6. just (adl).

Article 32 If the post of the Khaleefah becomes vacant, due to death, resignation or dismissal, the appointment of a new Khaleefah must take place within three days of the date when it became vacant.

Article 33 The Khaleefah is to be appointed in the following manner: a. The Muslim members of the Majlis ash-Shura check and determine the number of candidates to stand for election for the post of Khaleefah. These names are subsequently announced and the Muslims are asked to elect one person from this list of candidates. b. The results of the election are to be announced and the person who has attained the majority of the votes is to be announced to the Muslims. c. The Muslims must hasten to give the bay’ah to the candidate - who has attained the majority of votes - as a Khaleefah to follow the Qur’an and the Sunnah of the Messenger of Allah (saw). d. Once the bay’ah has been accomplished, the name of the candidate who has become the Khaleefah along with a statement that he is qualified with all the agreement conditions necessary for holding the office of Khaleefah is announced to the people so that the news of his appointment reaches the entire Ummah.

Article 34 The Ummah appoints the Khaleefah but is not empowered to dismiss him after he has legitimately attained the bay’ah of agreement.

Article 35 The Khaleefah is the State. He possesses the following authority within the State: 1. The Khaleefah establishes the divine rules by his adoption and implementation of them, and as such they become the legal canons that must be obeyed and not transgressed. 2. The Khaleefah is responsible for both the internal and external policies of the State. He takes charge of the leadership of the army and has the right to declare war, conclude peace, armistice, and treaties. 3. The Khaleefah has the authority to accept and reject foreign ambassadors, and to appoint and dismiss Muslim ambassadors. 4. The Khaleefah appoints and dismisses the assistants (mo’awin) and the governors (wula’a). The assistants and governors are responsible to the Khaleefah and Majlis ash-Shura. 5. The Khaleefah appoints and dismisses the chief judge, the directors of departments, the leaders of the armed forces and the chief of staff; all of whom are responsible to the Khaleefah and not the Majlis ash-Shura. 6. The Khaleefah must adopt the divine rules by which the State’s budget is set. The Khaleefah has to decide on its chapters and the funds required for every field, whether they be related to revenue or expenditure.

Article 36 The Khaleefah is restricted in what he adopts by the divine rules. He is forbidden to adopt any rule that is not soundly deduced from the divine texts. He is restricted to the rules he has adopted and to the method for deducing the rule that he has chosen. Accordingly, he is prevented from adopting a rule deduced by a method that contradicts the method he has adopted, and he must not enact any command that contradicts the rules he has adopted.

Article 37 The Khaleefah has the absolute right to conduct the citizens affairs according to his ijtihad, but he is not allowed to disagree with a divine rule on account of benefit. For example; he must not prevent citizens from importing products on the pretext of protecting the State’s industries; he must not fix prices on the pretext of preventing exploitation; and he must not force home owners to lease their houses on the pretext of increasing the supply of housing. The Khaleefah must not forbid any halal thing or allow any haram thing.

Article 38 There is no limitation on the Khaleefah’s period in office, as long as he abides by the divine law, implements its rules and is able to manage the State’s affairs. If the Khaleefah’s situation changes in such a way as to discharge him from the office of Khilafah, he is to be dismissed immediately.

Article 39 There are three matters which, if they change, discharge the Khaleefah from the office of Khilafah. They are:  1. If one of the qualifying conditions of the Khilafah agreement becomes void, such as apostatising from Islam, insanity or manifest sinfulness (fisq) etc., because these are the conditions essential for the conferment of the agreement and its continuity.  2. His inability to undertake the responsibilities of the position of Khaleefah for any reason.  3. In the event of subdual, whereby the Khaleefah is rendered unable to conduct the affairs of the Muslims by his own opinions according to the divine law. If the Khaleefah is subdued by any force to an extent that he is unable to manage the citizens affairs by his own opinion according to the rules of the divine law, he is considered to be legitimately incapable of undertaking the duty for which he has been charged, and hence is to be dismissed from the office of Khilafah. This situation may arise under two circumstances. They are: a. When one, or more, of the Khaleefah’s entourage exerts control over the management of affairs. If there is a chance that the Khaleefah could rid himself of their dominance he is given a warning for a specified period of time, after which, if he fails to rid himself of their dominance, he must be dismissed. If it appears that there is no chance of the Khaleefah freeing himself from their dominance, he is to be dismissed immediately. b. Should the Khaleefah be captured by a subduing enemy, whether he is actually captured or under its influence, the situation is to be examined; if there is a chance to rescue the Khaleefah, he is given a period of time until it appears that there is no hope to rescue him, after which he is dismissed. Should it appear from the outset that there is no hope of rescuing him, he is to be dismissed immediately.

Article 40 The responsibility of deciding whether or not the Khaleefah’s situation has altered in such a way as to warrant his dismissal is the prerogative of the Court for the Acts of Injustice (mahkumat ul-madhalim), only it has the authority to admonish or dismiss the Khaleefah.