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18 Constitution: DELEGATED ASSISTANT mu’awin ut-tafweeD


Article 41.

The Khaleefah appoints an assistant delegated with the authority to assist him in undertaking the responsibility of ruling. He deputises to him to manage affairs with his own point of view and ijtihad.

Article 42.

The delegated assistant must be qualified with the same essential qualifications of the Khaleefah, viz., male, free, Muslim mature, sane, and 'adl (trustworthy). Additionally he must be competent in the tasks for which he is deputised to undertake.

Article 43.

The appointment of the delegated assistant must entail both deputation and a general responsibility. Thus, in the appointment of the assistant, the Khaleefah must pronounce a statement to the effect of "I appoint you on my behalf as my deputy" or any other statement that confers both deputation and general responsibility. Unless the delegated assistant is appointed in this manner he would not be a delegated assistant nor hold the authority of a delegated assistant.

Article 44.

The function of the delegated assistant, so as to distinguish between him and the Khaleefah in his authority, is to inform the Khaleefah of the matters he has managed and the appointments and delegated duties he has implemented. Therefore, the function of the delegated assistant is to inform the Khaleefah of his analysis and, unless the Khaleefah prevents him, to carry it out.

Article 45.

The Khaleefah has to examine the actions and dispositions of the delegated assistant so as to confirm what is sound and to adjust that which is wrong. This is because the management of the ummah's affairs is entrusted to the Khaleefah and subject to his own ijtihad.

Article 46.

Once the delegated assistant has managed a matter with the agreement of the Khaleefah, he has the right to carry it out - as acknowledged - without any alteration. If the Khaleefah revises the matter and objects to what the delegated assistant has executed, the following considerations apply: If the Khaleefah has objected to what the delegated assistant has carried out in regard to a rule implemented soundly, or a fund spent justly, then the view of the delegated assistant must be enacted. This is because it is originally the view of the Khaleefah and the Khaleefah must not redress laws that he has implemented and funds that he has spent. However if the delegated assistant has implemented something else, such as the appointment of a wali or the equipping of the army, then the Khaleefah has the right to object and to overrule the decision of the delegated assistant. This is because the Khaleefah has the right to redress his own decisions in such cases and hence those of the delegated assistant.

Article 47.

The delegated assistant has a general deputation and therefore he must not be assigned to specific departments or specific types of action. He undertakes general supervision of the administrative system but not undertakes administrative matters.

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Chapters (31)
  1. 1System of Islam
  2. 21 The Way to Belief
  3. 32 Al-QaDaa wal Qadar
  4. 43 The Intellectual Leadership of Islam Part 1
  5. 53 The Intellectual Leadership of Islam Part 2
  6. 63 The Intellectual Leadership of Islam Part 3
  7. 76 The Way to Carry the Islamic Da’wah
  8. 87 The Islamic Civilisation (al-haDarah al Islamiyyah)
  9. 98 The System of Islam
  10. 109 Hukm Shar’ai
  11. 1110 The Types of AHkam Shar’aiah
  12. 1211 Sunnah
  13. 1312 Emulating (at-tassi) the Actions of the Messenger (saw)
  14. 1413 Adopting Divine Rules (AHkam Shar’aiah)
  15. 1514 Constitution and Canon
  16. 1615 CONSTITUTION: GENERAL RULES
  17. 1716 Constitution: THE RULING SYSTEM
  18. 1817 Constitution: THE KHALEEFAH
  19. 1918 Constitution: DELEGATED ASSISTANT mu’awin ut-tafweeD
  20. 2019 Constitution: EXECUTION ASSISTANT mu’awin ut-tanfeedh
  21. 2120 Constitution: AMIR OF JIHAD
  22. 2221 Constitution: THE ARMY
  23. 2322 Constitution: JUDICIARY (QADAAA)
  24. 2423 Constitution: THE GOVERNORS OF THE PROVINCES (WULAH)
  25. 2524 Constitution: THE STATE DEPARTMENTS
  26. 2625 Constitution: THE UMMAH ASSEMBLY (Majlis al-Ummah)
  27. 2726 Constitution: THE SOCIAL SYSTEM
  28. 2827 Constitution: THE ECONOMIC SYSTEM
  29. 2928 Constitution: EDUCATION POLICY
  30. 3029 Constitution: FOREIGN AFFAIRS
  31. 3130 Morals in Islam ( al-akhlaaq fil- Islam)