xiii.

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دستور

Shah Wali Allah recognises that the Caliph has to possess certain qualities which are universally acknowledged by people irrespective of creed, space, time and location. They are freedom, saneness, strength, maturity, bravery, gentleness, forbearance, justice, a vision for policy making, ability to perceive, excellent communication skills, a distinctive capacity for understanding and judgement and a reputation among the people for dedication to human welfare.

In addition to those, the Caliph is required to be a Muslim, not an infidel or an apostate.

He should possess a high level of integrity, righteous conduct, abstain from major sins and should not persist in committing minor sins and should be magnanimous. The Caliph is required to be a Deductive Jurist who possesses a keen understanding and insight in matters of Islamic law i.e. is knowledgeable and competent in formulating an authentic opinion in matters of Islamic law. Only such a Caliph who understands Islamic Injunctions along with their Detailed Proofs (which have their origins in the Holy Quran, the Prophetic Tradition, Consensus and Analogical Reasoning and Effective Causes) can handle important functions of the state, such as judicial functions, revival of Islamic sciences, encouraging of good and forbidding of evil.

However the Caliph does not need to be an Independent Deductive Jurist like Abu Hanifa and Shafi, rather he can follow all of the six leading schools of law.

Such a Jurist understands the researches and supporting arguments of the scholars of the classical period.

Following the views of early Muslim political thinkers, Shah Wali Allah also asserts that the Caliph is required to – be a Qurayshite in paternal ancestry –

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حجة الله البالغة

Duties and powers

Subject to the provisions and of the rules made thereunder the functions of the secretar-general shall include –

Investigating the nature and extent of VAKF and VAKF properties, and causing whenever necessary, an inventory of VAKF properties and calling, from time to time for accounts, returns and information from members.

Inspecting or causing the making of inspection of VAKF properties, accounts, records or deeds or documents relating thereto;

Doing, generally, all such acts as may be necessary for the due control, maintenance and administration of VAKFS.

In exercising his powers in respect of any VAKF, the secretary-general shall work in conformity with the directions given by the VAKF in the deed of VAKF the purpose of the VAKF and such usages and customs of the VAKF as are sanctioned by Muslim law.

Save as otherwise expressly provided, the secretary-general shall exercise such powers and perform such duties as may be assigned to him or delegated to him by the Council.

Where the secretary-general considers that an order or resolution passed by the Council –

Has not been passed in accordance with law; or is in excess of, or is an abuse of the powers conferred on the Council by or under Legea Vakâfului or by any other law; or if implemented, is likely to –

cause financial loss to the Council or to the concerned VAKF or to the VAKFS generally, or

cause danger to human life, health or safety, or

lead to a riot or breach of the peace, or

is not beneficial to the Council or in any way or to VAKFS generally, he may without implementing such order or resolution place the matter before the Înalta Curte de Şaria along with a note pointing out the objections which he has to the order of resolution, as the case may be, and the orders of the ÎCŞ thereon shall be final and binding on the Council and the secretary-general.

All reference to the exercise of any power by the secretary-general shall be construed as a reference to the exercise by him of those powers which he is empowered by or under LV to exercise.

The secretary-general or any secretary or member of the Council duly authorised by him in this behalf shall, subject to such conditions and restriction as may be prescribed under LV for the time being force, be entitled at all reasonable time to inspect, in any public office, all records, registers or other documents relating to a VAKF or moveable or immoveable properties which are VAKF properties or are claimed to be VAKF properties.

The secretary-general may allow inspection of the proceedings of the Council or other records in his custody and issue copies of the same to such conditions as may be prescribed.

All copies issued shall be certified by the secretary-general in the manner provided in LV of the Constituţia Republicii Islamice a Rumeliei.