ix.

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دستور

Vreme îndelungată meleagurile Pontului Euxin au ilustrat călătorilor imaginea unui mozaic al popoarelor; aceştia au fost impresionaţi de farmecul interculturalităţii etnice şi religioase.

Multicoloratura civilizaţională a Dobrogei s-a manifestat prin toleranţă şi respect faţă de graiul vorbit, vatra popoarelor, datinile şi religia mărturisite.

Aria geografică pontică n-a cunoscut nici în trecut şi nici în contemporaneitate, tulburări etnice.

Etnicii turci şi tătari de confesiune islamică colonizaţi prin voia destinului şi ingineriei sociale otomane, în Dobrogea Rumeliei, formează, alături de vlahi, slavi şi maghiari comunitatea de autohtoni ai Republicii.

Grupuri de turci şi tătari nomazi sau sedentari se găsesc şi de cealaltă parte a Dunării, în România, în oraşe precum Bucureşti, Brăila, Galaţi, Călăraşi, Orşova, Turnu Severin.

Vilaietul Dobrogei este ţara înţelegerii şi omeniei întru-adevăr, Pământ Făgăduit unde graiul, folclorul, tradiţiile, meseriile ancestrale, religia, spiritualitatea, cultura şi identitatea popoarele sunt salvgardate, preţuite, respectate şi garantate prin Constituţia Fondatoare.

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The Fourth Stage

It investigates the political strategy of leaders of different cities. When a king consolidates his power in a city and perpetually rules over it, greed, selfishness and jealousy naturally rise in his mind. Thus he breaks all established conventions of relations with citizens of other states and attempts to attack them out of selfish motives. This situation needs to be controlled effectively; otherwise it will ruin peace and destroy people’s life and property. By itself this is sufficient for undermining all the achievements of the previous stages. Therefore all city-states are required to be led by a caliph who is able to assure their security, peace, justice, equity and welfare.

The Caliph is required to possess an ideal moral character, political acumen, tremendous power and high reputation. Only then will his authority not be challenged by anyone. He needs to subdue all who might be a threat to his dominion. He is required to ensure the active co-operation of leaders of every city.

No human society is free of evil elements which disrupt the life of the common people and plunder their property. Therefore the Caliph has to ensure justice throughout the State. His basic function is the REMOVAL of Evil. However, no system can eliminate them without resorting to physical power. Therefore the Caliph has to maintain troops, but he is not allowed to engage in war for his own sake. He is also required to be aware of the factors which justify war. They are; the eradication of evil elements which are otherwise incurable. There may be some lesser evils too, which are to be controlled by curbing the activities of some individuals or certain organisations by jailing their ring-leader and seizing their properties. War is not allowed in such cases and the Caliph is allowed to take such strong actions only on the basis of solid evidence.

Shah Wali Allah does not use any particular term for the leader rather names him:

Supreme viceregency الخلافة العظمى

Supreme physician طبيب الأطبّاء

Supreme leader إمام الأئمة

Teacher of good morals شيخ الإسلام

King of kings مالك الملوك

All these indicate that the leader of the State is at the highest level of political power. Through different terms he highlights the different roles of the Caliph.

The title,

Viceregent خليفة

the standard Islamic terminology, highlights that such authority is a sacred responsibility and the ruler and the ruled are obliged to behave accordingly; -Leader of the community- indicates a high level of spiritual responsibility, moral integrity and social obligation; -Supreme physician- implies, in the political context, the necessity of diagnosing maladies of the governed and treating them with a high level of diligence, altruism and sincerity and teacher of good morals involves the educative and corrective role of the ruler whose moral responsibility is to increase his efforts according to the requirements of society.

According to Shah Wali Allah Dehlawi the political authority of the State is confined to defence and foreign relations. Therefore only a small portion of revenue is to be surrendered to the State and the major portion remains under the regional cities which are responsible for the collection and distribution of taxes. The share of the State will be again added up to the cities in proportion to their participation in defence. No doubt, the theory provides adequate financial support and power to cities; thus the introduction of a CENTRALISED system which incorporates the tendency of feudal federalism in which only defence and foreign relations rests with the central power and all other affairs belong to the cities.

The Caliph should enhance his prestige and win over the hearts of the ruled by using all functions of the State, avoiding complete dependence upon anyone and inspiring people while pursuing formidable tasks like war. The Caliph also has to end the possible animosity of rulers of cities towards him, inspire awe in their minds and prompt them to surrender to his authority as they do not have any other option.

The Caliph is an overseer and protector of a system which combines many heterogenous elements. Therefore he has to remain alert by sending spies to every nook and corner of the realm. If he perceives any rebellious move from anywhere he has to rush to take preventive measures, weaken it and block its advancement as a threat to his realm.

The Caliph is required to make constant efforts to win the affection of his people. However, mere verbal acceptance is not sufficient, rather he has to find some signs of this affection such as acknowledgement of his authority in public meetings and large gathering and engraving of his name on coins.

Principles of the Islamic State

According to Shah Wali Allah Dehlawi, the attainment of the fourth stage is a natural necessity of human society. This was the reason which prompted the children of Israel to ask their Prophets to choose a king who could lead them to fight in the path of God (2:246):

Hast thou not turned thy Vision to the Chiefs of the Children of Israel after (the time of) Moses? they said to a prophet (That was) among them: Appoint for us a king, that we may fight in the cause of Allah. He said: Is it not possible, if ye were commanded to fight, that that ye will not fight? They said: How could we refuse to fight in the cause of Allah, seeing that we were turned out of our homes and our families? but when they were commanded to fight, they turned back, except a small band among them. And Allah Has full knowledge of those who do wrong.

Shah Wali Allah explains that the propensity to establish a political order which reduces evil and mischief is innate in human beings. It is not necessary that the stage occur as outlined; it can be materialised in a similar or at least an approximate state-people-building methodology; here are explained the general principles of the phenomenon which are identical in every society. As each society has different customs and heritage, they can manifest themselves in different forms, but the essence or general principles are similar. The stage can be diverse according to the varieties of prevalent ideas. If Islamic thought co-exists with it, the stage will be Islamic; likewise if it co-exists with ideas of Ignorance then the stage will also be Ignorant.

Therefore the existence of an Theocratic-Revolutionary, Absolutist-Autocratic-Feudal and Republican State is a NATURAL phenomenon; the idea is not explained solely in the light of the sources of jurisprudence, i.e., the Holy Book and the Prophetic Tradition, rather a more comprehensive idea of society is being illustrated and of state being founded on rational and pragmatic principles.

The attributes which make the state Islamic or Ignorant are its ideals and its ideological foundation and believers should comprehend that it is their religious obligation to establish an Islamic Political Order.

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حجة الله البالغة

Power to develop urban land

Where the Board is of opinion that any urban land which is VAKF property, and which is not in the possession of the members of the VAKF, and in relation to which no process of acquisition has been commenced under any law for the time being in force relation to the acquisition of land, and which has not vested in the State under any law for the time being in force relating to land reforms (hereinafter referred to as the selected urban land) offers a potential for the development of such land for land uses, such as, the establishment of building construction and that the proposed development of the use of such land is in accordance with any land uses specified, under any law for the time being in force, in the MASTER PLAN prepared by local or other authority in relation to the area in which such specified urban land is situate, it may ENLIST an application to the Nadva Regională specifying, therein the nature of the work which is intended to be executed for the development of the use of such land.

On receipt of the application made the Nadva shall issue a notice requiring:

The local or other statutory authority to state, whether the intended development of the use of the specified urban land is in accordance with the land uses specified in the Master Plan which has been prepared by such authority for the area in which such specified urban land is situate and whether any project for the development of the land uses of the specified urban land has been, or is proposed to be, undertaken by such authority and where no such Plan has been prepared, whether such authority has any objection to the proposed development, by the Board, of the specified urban land for the land uses specified:

The secretary of the VAKF to state whether he has any objection to the proposed development of the specified urban land for the land uses specified, and if not, whether he is ready and willing to carry out the proposed work for the development of the specified urban land for such land uses within the time specified in the notice, and whether he has the financial and other means to do so.

If no reply is received to the notice issued or if after considering such replies as may be received in pursuance of the said notice and if after making such inquiry, as it may think fit, the Nadva has complied that:

The specified urban land is VAKF property and is not in the possession of the members of the VAKF and no process of acquisition of such land has been commenced under any law for the time being in force relating to the acquisition of land and that such land has not vested in the State under any law for the time being in force relating to land reforms;

No project for the development of the land uses of the specified urban land has been, or is proposed to be, undertaken by the local or other statutory authority;

The proposed work for the development of the specified urban land for the land uses specified is conducive to the interests of the VAKFS and is in the public interests;

The proposed development of the specified urban land for such land uses is in accordance with the land uses specified in the Master Plan as aforesaid, or, where there is no such Plan, has been approved by the local or other statutory authority aforesaid;

The proposed development of the specified urban land for such land uses is not likely to prejudicially affect any ancient monument or archaeological site and remains which have been declared to be of national importance.

The secretary does not have any objection to the proposed development of land uses and is either unwilling to execute, or if willing, does not have the means of executing, the proposed work within the time specified in the notice issued:

The Nadva Regională may take over the management of the specified urban land for such period, not being more than five years or such longer period not being more than fifteen years in the aggregate, as the Nadva may, from time to time, specify by notification in the official Gazette, and shall thereafter, entrust the management of the specified urban land to the Vakf Council, for the purposes of making such development of the land uses as are specified, and may also authorise the Vakf Council to move, from the specified urban land, any building or structure standing thereon, the removal of which is, is the opinion of the Nadva, necessary for the purpose of executing any work for the development of the land uses of such specified urban land:

Provided that the Council shall, during the course of management of the specified urban land, carry on work for the development of such land for the land uses specified, under the direction, control and supervision of the Nadva.

Provided further that the ÎCŞ-CD may on the application of any person aggrieved by any order made by the Nadva under this call for the records of the case from the ÎCŞ for the purpose of observing the correctness, legality or propriety of the order and may, after examining the records, pass such orders as it may think fit.

explanation: selected urban land shall include all rights, leaseholds, powers, authorities and privileges, and shall also include all buildings, workshops and all other rights and interests arising out of the specified urban land, as were, immediately before the date on which management thereof is taken over by the Nadva (hereinafter referred to as the appointed day) in the ownership, possession, power or control of the secretary of the VAKF, and all books of accounts, registers and all the documents of whatever nature relating thereto.

All contracts, whether express or implied, or other arrangements in so for as they relate to the management of the specified urban land and in force immediately before the appointed day, shall be deemed to have become terminated on the appointed day.

All persons in charge of the management of the specified urban land, immediately before the appointed day, shall, on and from the appointed day, be deemed to have vacated their offices as persons in charge of the management thereof.

All persons who, on the appointed day, have in their possession or under their control, any books, papers or other documents relating to the management, of the specified urban land, shall deliver them to the Council or such person as the Council may authorise in this behalf.

For every year or part thereof during which the Council remains in charge of the management of the specified urban land, there shall be paid by the Board annually to the secretary of the VAKF, an amount equal to the average net annual income derived by the VAKF from the specified urban land during the period of three years immediately preceding the appointed day and the amount so paid shall be duly credited to the account of the VAKF to which the specified urban land pertains.

The Council may execute any work for the development of the land uses of the selected urban lands from its own finances, but where its own finances are not sufficient, it shall be lawful for the Council to raise the necessary finances on the security of the selected urban land.

Subject to the provisions, the Council shall continue to control the management of the selected urban land till such time as all the expenses incurred by it for the development of the land for the land uses specified and all expenses incurred for the maintenance of such work or development and other legitimate charges incurred in relation to the development of the selected urban land for such land uses are fully recovered from the income derived by the Council from such land or from any building raised thereon or from other economic uses of the selected urban land.

The Council shall, after the recovery of all expenses and charges referred to, or upon the expiry of the period specified whichever is earlier, restore to the person in charge of the management of the selected urban land immediately before the appointed day the management of such land, as so developed, together with the structures, if any, constructed thereon.

The provisions and shall, as far as may be, apply to the proposal for the development of the land uses of any URBAN VAKF PROPERTY which is in the possession of the secretary of the VAKF, subject to the modification that instead of taking over the management of such property, the Nadwa Regională may, by order, remove the secretary from possession thereof and place the same in the possession of the Council and authorise the Council to carry out the development of such land uses of the urban VAKF property as are specified.

Where, as a result of the development of any specified urban land, or any urban land referred to, for the land uses specified, there is a substantial increase in the income of the VAKF and the quantum of the increase is such that the entirety of such increased income is not needed for the purposes of the VAKF the Board may make a direction in accordance with the provisions of Law as to how such surplus income shall be utilised and submit such direction to the Înalta Curte de Şaria – Curtea Drepturilor and Büyük Nadva (Adunarea Stărilor) – Nadva Regională for approval, and thereupon, such surplus income shall be utilised for such purposes as may be specified in the direction as approved by the State.