Summary of the Book of Structures – 8
The Department of Foreign Affairs handles all matters related to the Caliphate's relationship with foreign countries, whether they relate to political aspects such as establishing embassies, or whether they relate to economic, agricultural, commercial, transportation or other aspects. Due to the complexities and vastness of political life, we adopt that the Caliph delegate a special body for foreign relations to follow up on it, just as it follows up on any other body.
As for the Department of Industry, it handles all matters of industry, whether those related to public or individual ownership, and it is related to military industries, whether they are heavy or light industries, all of which must be based on military policy.
The state must be in control of its affairs, manufacturing its own weapons and developing them itself to intimidate every apparent and potential enemy, and therefore the state must manufacture its weapons itself without relying on any other state; so that that state does not control it.
Since the way to carry the Islamic call is jihad, the state must always be prepared, so industry must be built on a military basis so that if it needs to be converted into factories that produce military industry, it is easy for it to do so.
The judiciary is the notification of the ruling in a binding manner, so it either resolves disputes between people, which is handled by the judge, or prevents what harms the right of the group, which is Al-Hisbah and is handled by the Muhtasib, or raises the dispute that occurs between people (whether they are subjects or not) and any person from the government or employees, which are grievances and are handled by the judge of grievances.
The judge is required to be a Muslim, free, adult, sane, just, and knowledgeable in applying rulings to facts, and the judge of grievances is required, in addition to this, to be a man and a mujtahid, like the chief justice, because he rules on the Caliph and implements the Sharia on him, so his work is from the judiciary and judgment, so he must be a man, and because he considers grievances in which the Caliph may have ruled other than what God revealed, or that the evidence he used does not apply to the incident, so he must be a mujtahid, otherwise he would be judging out of ignorance.
It is permissible to give judges - who are ordinary judges - the Muhtasib and the judge of grievances a general mandate in all cases, or a special mandate in a specific place or in specific types of judiciary.
The judiciary is one of the things for which it is permissible to take a salary from the treasury; because for every work for the interests of Muslims, the state hires someone to do it in a legitimate manner, as evidenced by the fact that God Almighty has made a share in it for those who work on charity.
The judge in the court is one and it is permissible to have others with him, but only for consultation, and his opinion is not binding. The Prophet, peace and blessings be upon him, did not appoint two judges for one case. However, if they are in two separate courts, it is permissible for each of them to have a different judge, even if they are in the same country; because the judiciary is a deputation from the Caliph, so it is like an agency in which plurality is permissible, so if the litigants disagree in which court they want, the plaintiff's side is favored because he is the one who demanded the right.
The judge is only allowed to judge in the court session, and the evidence and oath are not considered except in the court session; because he, peace and blessings be upon him, said: "If the two disputants sit before you," this hadith shows a specific form in which the judiciary is obtained, which is that the two disputants sit before the ruler, which is the court session, so the court session is a condition for the validity of the judiciary and a condition for considering the oath.
It is permissible to have multiple degrees of courts with respect to types of cases, so the judge is specialized in a specific issue or in specific cases and is prevented from others, because the judiciary is like an agency, and the agency can be general or specific.
There are no courts of appeal or courts of cassation; because if the judge pronounces the ruling, his ruling is effective and no other judge's ruling invalidates it, unless he violates a definitive text from the Book or the Sunnah or the consensus of the Companions, or makes a ruling that contradicts the reality, then in these cases the judge's ruling is overturned, and the one who has the authority to overturn it is the judge of grievances.
The Muhtasib considers cases that are public rights and in which there is no plaintiff, provided that they are not included in the hudud and felonies, and a number of police are placed under his hand for enforcement and his ruling is implemented immediately, and he rules on the violation as soon as he becomes aware of it in any place without the need for a court session, because the condition of the session came from the hadith "If the two disputants sit before you," and in Al-Hisbah there is no plaintiff and defendant, but rather a public right. It is permissible for the Muhtasib to delegate someone to do his work on his behalf, but on the condition that the appointment of the Muhtasib included giving him the right to appoint deputies on his behalf.
Grievances are raised to the Caliph or to whomever he delegates to judge in them, and the appointment of the judge of grievances is by the Caliph or the chief justice if the Caliph makes that for him, as evidenced by his action, peace and blessings be upon him. It is permissible for the work of the main court of grievances to be limited to considering the grievance from the Caliph, his ministers, and his chief justice, and for the branches of the court of grievances to consider the grievances from the governors, workers, and other state employees, and the Caliph has the right to give the central court of grievances the power to appoint and dismiss judges of grievances in the branches. The principle is that the Caliph has the power to dismiss the judge of grievances, but if there is a case raised against the Caliph or his ministers or his chief justice - if the Caliph gives him the power to appoint and dismiss the judge of grievances - then the power of dismissal during that time should not be left in the hands of the Caliph; because it leads to what is forbidden, as keeping it in the hands of the Caliph will affect the judge's ruling.
The Court of Grievances is the one that considers all grievances, whether they are related to individuals in the state apparatus, or the Caliph's violation of the provisions of Sharia, or related to the meaning of a text from the legislative texts in the constitution within the Caliph's adoption, or related to the imposition of a tax, or the state's encroachment on the subjects, or its reduction of employees' salaries, or delaying their payment to them... These grievances and the like do not require a court session, nor summoning the defendant, nor the existence of a plaintiff, but rather it has the right to consider the grievance even if no one claims it without being restricted by anything at all, neither in place nor time nor court session, so it has the right to consider the grievance as soon as it occurs; due to the absence of a plaintiff and the lack of necessity for the presence of the defendant, and therefore the evidence for requiring a court session mentioned in the hadith does not apply to it: "If the two disputants sit before you," and there is nothing wrong with the House of the Court of Grievances being awe-inspiring and luxurious in order to highlight the greatness of justice.
