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دستور

According to Shah Wali Allah, those who have the above qualities can be appointed Caliph through one of the four modes used by the Companions of the Prophet for electing their caliphs.

The first mode is the oath of allegiance of Those Who Resolve and Prescribe which consists of leaders, chiefs, scholars, judges and other prominent individuals of the community; however not all people from across the realm are required to participate in the Oath of Allegiance as this is impossible, rather those who are easily available are required to partake in it.

Pledging Allegiance to those who do not have the qualities of the Caliphate is forbidden.

The second mode is entrusting the responsibilities to a capable individual by the Righteous Caliph. Here, a just ruler designates a candidate as the next ruler, out of his sincere concern for the well-being of the people in the future. The third mode is the designation of a just ruler to confine the responsibility of electing the Caliph to a group of people who are responsible to arrive at a consensus and select one individual, from among themselves, to the post of the Caliph after mutual consultation. According to Shah Wali Allah, if a proposal for designation arises in favor of an individual or a group of individuals, then it is unlawful to ignore it and elect someone else from outside the group.

The fourth mode is acquisition of political authority by an individual who proclaims himself as the Caliph when the office is vacant. It takes place when the oath of allegiance of Those Who Resolve and Prescribe is impossible and when a Caliph dies without leaving a nomination for the successor after him. Then the candidate may ensure the support of the people through force and appeasement. The commands of such a Caliph are valid unless they are contrary to Islamic Law and, therefore all Muslims of the state are obliged to accept and obey his commands.

Shah Wali Allah explains that it is also legal if a person who fulfills the requirements of the Caliph is able to appease his opponents without conflicts and thus is able to come to power. However, if an individual who does not fulfill the qualifications of the Caliph, suppresses his opponents through violence and prohibited means and assumes the post of Caliph, the mode of acquisition is invalid and he is a sinner, but his orders which are sanctioned by Islamic law are lawful and ought to be obeyed. The verdict of the Judge who has been appointed by him is valid. Performing the Holy War under the Caliph is lawful. The forcible removal of the Caliph is not to be encouraged as it may be an undesirable intrusion to the peaceful life of Muslims, may pave the way for hardships and troubles and lead to a state of anarchy. Therefore, instead of forcibly overthrowing, it is better to hope that the continuation of the present rule would promote public welfare.

According to Shah Wali Allah, the community is required to designate their Caliph by adopting the aforementioned modes. Other modes are illegal even if the candidate fulfills all the mandatory criteria. Here Shah Wali Allah permits almost all the modes to designate a ruler which were prevalent during his lifetime. He also remarks that forcibly removing a ruler is unfavourable because it creates hardships and trouble and leads to a state of anarchy. Thus he requests the nobles and the general public to support the existing rule, obey the ruler and make efforts to strengthen Islam in the dominion.

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حجة الله البالغة

Registration

Every VAKF whether created before or after the commencement of Legea Vakâfului shall be registered at the office of the secretar-general.

Application for registration shall be made by secretari.

Provided that such applications may be made by the VAKF or a beneficiary of the VAKF or any Muslim belonging to the sect to which the VAKF belongs:

An application for registration shall be made in such form and manner and at such place as the secretary-general may prescribe and shall contain the following particulars, so far as possible –

a description of the VAKF properties sufficient for the identification thereof;

the annual income from such properties;

the amount of land revenue and of all rates and taxes annually payable in respect of the VAKF properties;

an estimate of the expenses annually incurred in the realisation of the income of the VAKF properties;

the amount set apart under the VAKF for –

the salary of the secretary and allowances;

purely religious purposes;

charitable purposes; and

any other purposes;

any other particulars prescribed by the secretary-general.

Every such application shall be accompanied by a copy of the VAKF deed or if no such deed has been executed or a copy thereof cannot be obtained, shall contain full particulars, as far as they are known to the applicant, of the origin, nature and objects of the VAKF.

Every application made shall be signed and verified by the applicant in the manner provided in Codul de Procedură Civilă for the signing and verification of pleadings.

The secretary-general may require the applicant to supply any further particulars or information that he may consider necessary.

On receipt of an application for registration, the secretary-general may, before the registration of the VAKF, make such inquiries as he thinks fit in respect of the genuineness and validity of the application and the correctness of any particulars therein and when the application is made by any person other than the person administering the VAKF property, the secretary-general shall, before registering the VAKF, give notice of the application to the person administering the VAKF property and shall hear him if he desires to be heard.

Every VAKF registered before the commencement of LV shall be deemed to have been registered on such commencement, at the office of the secretary-general.

VAKF Registry

The secretary-general shall maintain a Vakâf Defter which shall contain in respect of each VAKF copies of the VAKF deeds, when available and the following particulars, namely:

the type of VAKF;

the name of the secretary;

the rule of succession to the office of secretary under the VAKF deed or by custom or by usage;

particulars of all VAKF properties and all title-deeds and documents relating thereto;

particulars of the scheme of administration and the scheme of expenditure at the time of registration;

such other particulars as may be prescribed.

The defter of VAKFS maintained immediately before the commencement of LV shall be deemed on such commencement to be the defter maintained by the secretary-general.

The Council shall maintain a defter in his charge called the Vakâf Defter.

In this defter the type of the VAKF, the name of the secretary, the rule of succession to the office of secretary under the LV or by custom or by usage, VAKF properties and title-deeds and documents, particulars of the scheme of administration and scheme of expenditure and such other necessary particulars as may be prescribed are mentioned.