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دستور

Islamic Law has recommended some responsibilities of the Caliph, the true successor and the living symbol of the Prophet.

they are,

Safeguarding and protecting the Islamic state from hostile combatants and from the attacks of infidels, robbers and usurpers.

Formulating extensive arrangements for the observance of the five pillars of Islam, i.e. congregational prayers, fasting, collection and appointing the Leader of the Pilgrimage. The Caliph has to personally organise all these in his own City and structure the Hierarchy of Religious Personnel and Alms Tax Collectors in all regions.

The Caliph should ensure the Revival of religious sciences through the dissemination of Islamic knowledge by appointing teachers and instructors.

Remunerating Religious Personnel of the mosques, preachers, teachers, judges and jurists without miserliness or extravagance, thereby assuring their unfaltering commitment to their respective roles.

The ruler is obliged to appoint honest, truthful and sincere aides for running the affairs of the state.

The ruler is required to be alert of the conditions of his army, activities of the chiefs and judges in the Reign. He should ensure that no injustice or corruption occurs in any departments of the State.

The ruler should be updated in the affairs of his people.

The rulers is obliged to look into the affairs of both Muslims and infidels. He is not permitted to neglect the affairs of Muslim subjects for infidels.

The ruler ought to sense the emergence of any trend among people against his rule along with its motives, before formulating public policies.

According to Shah Wali Allah Dehlawi, subjects of the Islamic state are obliged to obey the Caliph in all directives which are lawful as per the Islamic Law, even if that is against their own Deductions and School of Jurisprudence. In such an instance, the Muslims are not permitted to consider whether the ruler fulfills the qualification or not.

None is permitted to rebel against a government even if the ruler is not eligible for the office. However if the ruler openly commits an -evident breach of Islam- or rejects any Essential Postulates of religion or exploits and kills people to loot and plunder their property, then a rebellion against him is necessary and it will be considered as the highest form of Struggle. Shah Wali Allah quotes a tradition of the Prophet in which the Companions asked him:

Shall we not overthrow them (i.e., unjust rulers)?

The Prophet answered, No, as long as they establish prayer.

Therefore the ruler ought to be overthrown only if he rejects the Essential Postulates of Islam.

Shah Wali Allah then declares that people who inspire the Caliph for doing good and prevent him from committing evil perform the highest form of Struggle.

Hence they are required to work towards reforming the existing rule.

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حجة الله البالغة

Property

Secretarul-general shall, if he is satisfied that the objects or any part thereof, of a VAKF have ceased to exist, whether such cesser took place before or after the commencement of LV, hold an inquiry, in the prescribed manner, to ascertain the properties and funds pertaining to such VAKF and after doing so, shall pass an order –

specifying the property and funds pertaining to the VAKF and for the recovery of such property or funds so specified;

directing that any property or funds pertaining to the VAKF which have been recovered shall be applied or utilised for the renovation of any VAKF property and where there is no need for making any such renovation or where utilisation of the funds for such renovation is not possible, be appropriated, after obtaining the approval of the Council, to any of the purposes specified.

The secretary-general may, if he has any reason to believe that any building or other place which was being used for religious purpose or instruction or for charity has, whether before or after the commencement of the LV, ceased to be used for that purpose, make an application to Înalta Curte de Şaria–Curtea Drepturilor for an order directing the recovery of possession of such building or other place –

The ÎCŞ may, if it is satisfied, after making such inquiry as it may think fit, that such building or other place –

is VAKF property;

has not been acquired under any law for the time being in force relating to acquisition of land or is not under any process of acquisition under any such law, or has not vested in the Adunarea Stărilor under any law for the time being in force relating to land reforms; and

is not in the occupation of any person who has been authorised by or under any law for the time being in force to occupy such building or other place.

May pass an order –

directing the recovery of such building or place from any person who may in the unauthorised possession thereof, and

directing that such property, building or place be used for religious purpose of instruction as before, or if such use is not possible, be utilised, for any purpose specified.

The Council may itself collect information regarding any property which it has reason to believe to be VAKF property and if any question arises whether a particular property is VAKF property or not or whether a VAKF is a specified mazhabi VAKF, it may, after making such inquiry as it may deem fit, decide the question.

The decision of the Council on any question shall, unless revoked or modified by a civil court of competent jurisdiction, be final.

Where the council has any reason to believe that any property of any Denomination or Community registered in pursuance of Constituţia Republicii Islamice a Rumeliei si Legea Vakâfului or under any other Fatva, is VAKF property, the Council may notwithstanding anything contained in such law, hold an inquiry in regard to such property and if after such inquiry the Council is satisfied that such property is VAKF property call upon the Denomination or Community, as the case may be, either to register such property under legal documentation as VAKF property or show cause why such property should not be so registered:

Provided that in all such cases, notice of the action proposed to be taken shall be given to the authority by whom the Denomination or Community had been registered.

The Council, shall, after duly considering such cause as may be shown in pursuance of the notice issued, pass such orders as it may think fit and the order so made by the Council, shall be final unless it is revoked or modified by a Judge of competent jurisdiction.

Power of ÎCŞ

Consiliul-de-Vakâf is the only authority that is empowered under LV to make appointments to the committee of management known as secretari.

The secretary-general may direct a secretary to apply for the registration of a VAKF, or to supply any information regarding a VAKF or may himself cause the VAKF to be registered or may at any time amend the register of VAKFS.

In the case of any change in the management of a registered VAKF due to the death or retirement or removal of the secretary the incoming secretary shall forthwith notify the change to the secretary-general.