The Khaleefah Constitution:
Delegated Assistants
Article 41 The Khaleefah appoints assistants delegated with the authority to assist him in undertaking the responsibility of ruling. He deputises them to manage affairs with their own point of view and ijtihad.
Article 42 The delegated assistants must be qualified with the same essential qualifications of the Khaleefah, viz., male, free, Muslim, sane and just. Additionally assistants must be competent in the tasks for which they are deputised to undertake.
Article 43 The appointment of the delegated assistants must entail both deputation and a general responsibility. Thus, in the appointment of the assistants, the Khaleefah must pronounce a statement to the effect of ‘I appoint you on my behalf as my deputy’ or any other statement that confers both deputation and general responsibility. Unless the delegated assistant is appointed in this manner he would not hold the authority of a delegated assistant and thus would not be a delegated assistant.
Article 44 The function of the delegated assistant, to distinguish between him and the Khaleefah in his authority, is to inform the Khaleefah of the matters the delegated assistant has managed and the appointments and delegated duties he has implemented. Therefore, the function of the delegated assistant is to inform the Khaleefah of his analysis and, unless the Khaleefah prevents him, to carry it out.
Article 45 The Khaleefah has to examine the actions and disposals of the delegated assistants so as to confirm what is sound and to adjust that which is wrong, because the management of the nations affairs is entrusted to the Khaleefah and is the subject of his own ijtihad.
Article 46 Once the delegated assistant has managed a matter with the acquiescence of the Khaleefah, he has the right to carry it out - as acknowledged - without any alteration. If the Khaleefah revises the matter and objects to what the delegated assistant has executed, the following considerations apply: If the Khaleefah has objected to what the delegated assistant has carried out in regard to a rule implemented soundly, or a fund spent justly, then the view of the delegated assistant must be enacted, because it is the original view of the Khaleefah and the Khaleefah must not redress laws that he has implemented and funds that he has spent. But if the delegated assistant has implemented something else, such as the appointment of a wali or the equipping of the army, then the Khaleefah has the right to object and to overrule the decision of the delegated assistant, because the Khaleefah has the right to revise and redress his own decisions in such cases and hence those of the delegated assistant.
Article 47 Delegated assistants have a general deputation and therefore must not be assigned to specific departments or types of action; they must undertake general supervision of the administrative system and must not undertake administrative matters. EXECUTIVE ASSISTANT
Article 48 The Khaleefah has to appoint an executive assistant whose function is executive and not ruling. His duty is to execute the instructions of the Khaleefah in both the internal and external affairs of the State and to relay to the Khaleefah what is received from these areas. This administration office is a medium between the Khaleefah and others, i.e., it executes instructions on his behalf and conveys to him.
Article 49 The executive assistant must be a Muslim because he is one of the Khaleefah’s entourage.
Article 50 The executive assistant is always in direct contact with the Khaleefah; the same way the delegated assistants are. The executive assistant is considered an assistant but in execution instead of ruling.